HomeMy WebLinkAbout~Master - Special Meeting of the City Council 02/08/2005MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA FEBRUARY 8, 2005
SPECIAL MEETING OF THE CITY COUNCIL
The Ames City Council met in special session at 5:25 p.m. on February 8, 2005, in the Council
Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco presiding and the
following Council members present: Cross, Goodman, Mahayni, Vegge, and Wirth. Andrew
Tugan, ex officio member, was also present. Council Member Goodhue was absent.
FY 2005/06 BUDGET PROPOSALS: Moved by Mahayni, seconded by Cross, to approve the
proposed FY 2005/06 budget. (Vote will be taken on March 8, 2005.)
The City Council heard the report on the proposed budget for Library Operations presented by
Director Gina Millsap. Copies of their Annual Report and brochures were distributed to the
City Council.
Tom Neumann, Water and Pollution Control Director, gave highlights on the budget for the
Utilities Program, which included Water Production and Wastewater Treatment.
The Council heard highlights of the Public Safety Program, which included Traffic Control, as
presented by Acting Public Works Director John Joiner. Budget highlights of the Utilities
Program, which included Resource Recovery, Water Distribution Maintenance, Storm Sewer
Maintenance, and Sanitary Sewer Maintenance, were given. Reports were summarized for the
Transportation Program, which included the Street System, Parking Operation, and Airport.
Mr. Joiner reviewed the budget details for the Cemetery, Public Works Administration, Public
Works Engineering, and Public Buildings.
Adjournment: 6:33 p.m.
REGULAR MEETING OF THE CITY COUNCIL
The Ames City Council met in regular session at 6:40 p.m, on the 8th day of February, 2005, in the
City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco
presiding and the following Council members present: Cross, Goodman, Mahayni, Vegge, and
Wirth. Andrew Tugan, ex officio member, was also present. Council Member Goodhue was absent.
PRESENTATION: Mayor Tedesco announced that the City of Ames was presented with an Award
of Excellence from the Iowa Concrete Paving Association. The City is being recognized for
outstanding design and construction on Mortensen Parkway. Accepting the award on behalf
of the City was John Joiner, Acting Public Works Director, Tracy Phares, Civil Engineer, and
Steve Salvo, Operations Administrator.
CONSENT AGENDA: Item No. 12 was removed from the Consent Agenda for separate consid
eration.
Moved by Cross, seconded by Mahayni, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of regular meeting of January 25, 2005
3. Motion approving certification of civil service applicants
4. Motion approving renewal of the following beer permits and liquor licenses:
a. Class C Liquor & Outdoor Service Privilege - Dublin Bay, 320 S. 16th Street
b. Class C Beer and Class B Wine - Fareway Store #386, 619 Burnett Avenue
c. Class C Beer - Kwik Shop #540, 2700 Lincoln Way
5. Motion accepting 2004 Resource Recovery Annual Report, authoring staff to distribute the
Report and bill participating communities and Iowa State University
6. Motion approving encroachment permit for hanging sign on the west side of the building located
at 329 Main Street
7. RESOLUTION NO. 05-038 approving appointment of Bradley Nordmeyer to fill vacancy on
ASSET
8. RESOLUTION NO. 05-039 adopting service charge for returned checks on payments made to
the City
9. RESOLUTION NO. 05-040 approving Agreement Pertaining to Traffic Impact of West Towne
Apartments on Mortensen Road
10. Car Rental Operation at Municipal Airport:
a. RESOLUTION NO. 05-041 approving sublease with Hertz Corporation and Midwest Flying
Service
b. RESOLUTION NO. 05-042 approving parking rental agreement between the City of Ames
and Hertz Corporation
11. RESOLUTION NO. 05-044 waiving formal bidding procedures and approving a contract with
Stock Equipment Co., for the purchase of upgrade equipment for two coal feeders in the amount
of $62,649
12. RESOLUTION NO. 05-045 approving Change Order No. 1 to Contract No. 13 - Combustion
Turbine, Exhaust System – with Braden Manufacturing LLC to add Option 1: CO Catalyst, in
the amount of $125,300
13. Requests from the Campustown Rail Jam:
a. RESOLUTION NO. 05-046 approving closure of Welch Avenue from 11:00 a.m. on
February 12 to 1:00 a.m. on February 13
b. RESOLUTION NO. 05-047 approving closure of parking spaces on Welch Avenue from
6:00 p.m. on February 11 through 1:00 a.m. on February 13
c. RESOLUTION NO. 05-048 waiving fees for use of electricity during the event
Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
URBAN REVITALIZATION TAX EXEMPTION REQUESTS: Moved by Wirth, seconded by
Cross, to adopt RESOLUTION NO. 05-043 approving the Urban Revitalization Tax Exemption
Requests for 2005.
Roll Call Vote: 4-0-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay: None.
Abstaining: Goodman. Resolution declared carried, signed by the Mayor, and hereby made a
portion of these minutes.
PUBLIC FORUM: Maxine Spurgeon, 167 Cardinal Road, stated that due to the growth of the City,
she would like to see S.E. 16th Street paved. She said that the community as a whole will
benefit from its paving. Ms. Spurgeon further stated it would be good for the businesses along
the street, assist with traffic control, and keep the dust down in the area.
Glendora Clark, 161 Lark Street, indicated her interest in having S.E. 16th Street paved. She
said that it is a heavily traveled road. Ms. Clark lives on the southeast corner of the mobile
home court. She and other residents gets so much dust from the road from April through
October, they are unable to open their windows. Ms. Clark also referred to the heavy traffic on
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S.E. 16th Street that travels from the hotels to get to ISU sporting events.
AMENDMENTS TO ORDINANCES/RESOLUTIONS FOR TERMS OF OFFICE TO
CERTAIN COMMISSIONS: Mayor Tedesco stated that as a result from the VEISHEA Task
Force Report, he had asked the City Attorney to review the structure of the City's boards and
commissions. As a fulfillment to one of the Task Force's recommendations, the City is working
to include students and the younger population to participate in local government activities.
Mayor Tedesco reported that he is asking the Council to consider making amendments to terms
of office as follows: Planning & Zoning Commission - one seat for a two-year term with no
reappointment; Human Relations Commission, Parks & Recreation Commission, and the Public
Art Commission - one seat (on each commission) for a one-year term with a one-year
reappointment allowed.
Moved by Goodman, seconded by Vegge, directing the City Attorney to draft amendments to
ordinances and/or resolutions pertaining to terms of office for members of the Human Relations
Commission, Parks and Recreation Commission, Planning and Zoning Commission, and Public
Art Commission.
Vote on Motion: 5-0. Motion declared carried unanimously.
HOTEL/MOTEL TAX: City Manager Steve Schainker explained that a revised agreement has
been placed around the dais. Julie Weeks from the Ames Convention and Visitors Bureau
(ACVB) and he were in discussions this week, and two revisions were made. He reported that
language was added to the agreement indicating.... “the City may refer convention or event-
related requests for funding that the City Council deems appropriate for funding by the ACVB.”
Mr. Schainker further reported that with this agreement came an opportunity to centralize
funding, with the ACVB assuming that responsibility. He indicated that a change was made
to delete wording that the ACVB would serve the City.... “as an agency.” Mr. Schainker
explained that requests the City receives such as the 4th of July Fireworks, new events held at
Reiman Gardens, Special Olympics, the Iowa Games, etc., would be referred to the ACVB
board to see if funding is appropriate or not. The evaluation and funding of requests annually
will be in an amount of not less than 5% of the Hotel/Motel tax revenues received annually by
the ACVB from the City.
Dan Withrow from The Hotel at Gateway Center stated that monies for this contract will be
available in 2007. The Ames Convention and Visitors Bureau will be getting funding money
beginning in January 2006. Discussion was held as to when this funding could actually be
distributed for certain events. It was noted that since the City's Fiscal Year runs from July 1,
2006, through June 30, 2007, money would be available for funding requests during the first
six months of 2007.
Mr. Withrow explained that the extra 2% increase in hotel/motel tax would bring approximately
$50,000 in added revenue. The intent is to expend that amount towards the various funding
requests received. Mr. Schainker stated that if the requests received did not equate to $50,000,
the money would then be held and rolled over to the next year.
Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 05-049 approving an
Agreement for support of the hospitality industry between the City of Ames and the Ames
Convention and Visitors Bureau.
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Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 05-050 setting the date
of a Special Election for April 5, 2005, and adopting the text of the public measure to increase
the Hotel/Motel Tax from 5% to 7%.
Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON UNIT NO. 8-TURBINE GENERATOR INSPECTION: Sheila Lundt,
Assistant City Manager, stated that the City's risk manager has some concerns with the low
bidder's insurance coverage. Staff is requesting delay of contract award so that evaluation of
its proposal can be completed.
Mayor Tedesco opened the public hearing.
Moved by Vegge, seconded by Wirth, to continue the hearing until the February 22, 2005, City
Council meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Goodman, to delay award of contract for Unit No. 8 - Turbine
Generator Inspection until the February 22, 2005, meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON EAST LINCOLN WAY WIDENING PROJECT: Mayor Tedesco opened the
public hearing. There being no one wishing to speak, the hearing was closed.
Moved by Cross, seconded by Goodman, to adopt RESOLUTION NO. 05-051 approving final
plans and specifications and awarding a contract to Manatt's, Inc., of Brooklyn, Iowa, in the
amount of $3,354,989.12.
Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON TEXT AMENDMENT ESTABLISHING NEW ZONING DISTRICT,
COMMUNITY COMMERCIAL/RESIDENTIAL NODE: The hearing was opened by the
Mayor. No one wished to speak, and the hearing was closed
Moved by Cross, seconded by Mahayni, to pass on first reading an ordinance amending the
Zoning Ordinance that will establish a new zoning district, “CCR” (Community Commercial/
Residential Node), which will provide for a shopping and services area where residential use
is allowed above the first floor of a commercial building.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON TEXT AMENDMENT REMOVING RESIDENTIAL USE “HOUSEHOLD
LIVING” AS A PERMITTED USE IN COMMUNITY COMMERCIAL NODE: The Mayor
opened the public hearing and closed same after no one wished to speak.
Moved by Goodman, seconded by Mahayni, to pass on first reading an ordinance amending the
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Zoning Ordinance that will remove the Residential Use “Household Living” as a permitted use
in the Community Commercial Node “CCN”.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON REZONING OF PROPERTY IN VICINITY OF MORTENSEN ROAD AND
DICKINSON AVENUE FROM COMMUNITY COMMERCIAL NODE “CCN” TO
COMMUNITY COMMERCIAL/RESIDENTIAL NODE “CCR”: Mayor Tedesco opened the
public hearing. No one wished to speak, and the hearing was closed.
Moved by Vegge, seconded by Goodman, to pass on first reading an ordinance rezoning
property west of the intersection of Mortensen Road and Dickinson Avenue from Community
Commercial Node “CCN” to Community Commercial/Residential Node “CCR”.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON I-35 WELL FIELD LAND LEASE: The public hearing was opened by the
Mayor. He closed same after no one wished to speak.
Moved by Cross, seconded by Goodman, to adopt RESOLUTION NO. 05-052 approving a
farm lease for City of Ames property described as the “I-35 Well Field” with Dean Metzger
from March 1, 2005, through March 1, 2010.
Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REVISIONS TO MAJOR SITE DEVELOPMENT PLAN FOR SOMERSET
SUBDIVISION: Mayor Tedesco stated that a letter was received from the Ames School Board
indicating its approval of the amendment to change property from residential to commercial,
however, the board raised concerns about allowing a bar, liquor store, or adult bookstore to locate
in the area.
Eric Jensen, Planner, explained that the property in question is for four-acres west of Stange
Road. The developers are requesting an amendment to allow commercial on all of the property.
He referred to the letter received from the School Board which indicated concern with non-child
friendly businesses and adult uses locating adjacent to the property that is owned by the School
District. He stated that adult uses, such as adult book stores, can not locate within 1,000 feet of
land that is zoned for residential uses, therefore, this concern is moot. Liquor stores and bars,
however, are not defined as “adult uses.” They are defined as “retail sales” which are allowed
in the Somerset Subdivision. Staff and the Planning and Zoning Commission are supportive of
the change and are recommending approval.
Mr. Jensen said that there are currently three commercial lots remaining for development in the
Somerset Subdivision, and if this amendment is approved, the same commercial development
guidelines will apply to this area as well.
Council Member Vegge asked if a street would be built between the subject property and the
school site. Mr. Jensen indicated that currently there are no plans to connect a public street
between the properties. An access drive will most likely be added to allow entrance to the
parking area on the back side of the lot fronting Stange Road.
Council Member Mahayni asked if, in the future, a school is built on the adjacent site, what
separation requirements would be required. Mr. Jensen responded that there are no separation
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requirements according to our Zoning Ordinance or the Municipal Code.
The Mayor opened the public hearing.
Gail Johnston, 840 Brookridge, President of the Ames School Board, stated that the property
in question is contiguous to the school property. She said that it would appear that a large
number of students would be walking to/from school passed those businesses. Ms. Johnston
indicated that if the change is made from residential use to commercial use, the Board would
like to see that no bars or liquor stores be allowed. When questioned, she said that a
consultant's pending report is forthcoming regarding the construction of an elementary school
on their site. It was the School Board’s intent to build on the property, but she was uncertain
of the time line.
Council Member Cross indicated it would be unfair to place restrictions on the property for an
indefinite period of time. Discussion was held regarding the consumption of alcohol at other
locations that exist in the vicinity. It was pointed out that many apartment buildings are located
close by, and Brewer’s is across the street from the property.
When questioned, Ms. Johnston stated that their concerns relate to students having to walk by
adults coming in and out of a bar who may have had too much to drink. She explained that her
definition of a “bar” would be an establishment that has a majority of its sales from alcohol.
Chuck Winkleblack, 105 South 16th Street, stated that there are currently three lots left for
build-out for commercial use, and these are owned by the developer group. There are people
expressing an interest in locating on the west side of Stange Road, and the developers have built
up some momentum commercially. No discussions have been held regarding the restriction of
possible uses in this potential commercial property. Mr. Winkleblack said that he would be
more concerned about children crossing Stange Road than with the possibility of them
encountering someone coming out of a bar. He further said that most bar establishments do not
open for business until 4:00 p.m. or after. Mr. Winkleblack explained that buffering between
the zoning uses will be regulated through the City’s Development Review Committee. The
developers will be happy to work with staff for a clear delineation with landscaping, fencing,
etc.
Bob Friedrich, Jr., 619 East Lincoln Way, reported that he has a client looking at the area near
the school site, and this client is not interested in opening any of those businesses of concern.
All of the businesses locating at this commercial site will be fronted towards the street with a
parking lot behind which would adjoin the school’s property. He indicated that fencing could
be used for separation purposes.
Jim Popken, 920 Clark Avenue, stated he was concerned that a street will not be extended
between the adjacent properties since it is being developed with the Village Concept. He felt
that potentially there could be large amounts of traffic passing through that area.
Mr. Winkleblack indicated that there will be passage ways through the commercial area. The
developers do not want to encourage traffic through the residential areas.
When questioned further about buffering between the two zoning uses, Planner Eric Jensen
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responded that he envisioned that the parking area adjacent to the school property would be
screened by either a garden wall or a fence.
Mayor Tedesco closed the hearing.
Council Member Cross said that while he appreciated the School Board's concerns, there are
multiple routes that kids take to school. He explained that if the school was currently under
construction or the bond issue for the school had already passed, he might react differently to
the Board's recommendations. However, the new school is not imminent.
Moved by Goodman, seconded by Cross, to adopt RESOLUTION NO. 05-053 approving the
revised Major Site Development Plan for Somerset Subdivision to allow the land use for the
property generally located at Stange Road, Northridge Parkway, and Aspen Road to be changed
from Residential to Commercial.
Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON CABLE TELEVISION FRANCHISE RENEWAL: Council Member Cross
stated that the City is considering renewal of this franchise for a 15-year period; he is concerned
with the term as well as with the limited awareness of the public regarding this issue. He said
the City needs to provide an adequate opportunity for public input concerning the quality of
services that it receives from the cable television franchisee.
City Attorney John Klaus stated that he met with Mediacom representatives last October, and
they proposed a number of changes to the franchise. After analyzing those proposals, staff
could not recommend approval of any changes. He explained that the franchise expires
March 20, 2005, and Mediacom has not yet filed an application for the franchise. Mr. Klaus
said it was his belief that the company wants to continue serving Ames. He does not know what
the consequences would be in not having a franchise, however, it would not be a good precedent
to set. He has had conversations with Mediacom within the last few days, and the company is
still seeking some changes. Mr. Klaus stated that he is recommending the franchise be renewed
under the same terms as the last one, and 15 years is the period of time as in the past.
City Manager Steve Schainker said that renewal of this franchise does not grant exclusive rights
to one company. If another cable television company wants to provide service in the city, that
company may do so as well.
Council Member Cross stated that he is bothered by the fact that the public has not been
notified. Mayor Tedesco reported that all appropriate legal notifications had been performed.
Council Member Goodman explained that Mediacom is working in the market, and if anyone
has concerns, citizens go to the company to complain. There are other avenues for obtaining
cable, and he doesn't feel that this is a huge citizen issue. Mr. Goodman stated that people are
making decisions with their own dollars, so the City should not have to hold a forum to see how
consumers feel about Mediacom.
The public hearing was opened by the Mayor. He closed same after no one wished to speak.
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Moved by Goodman, seconded by Wirth, to pass on first hearing an ordinance renewing the
Cable Television Franchise with Mediacom Communication Corporation for a term of 15 years.
Roll Call Vote: 4-1. Voting aye: Goodman, Mahayni, Vegge, Wirth. Voting nay: Cross.
Motion carried.
ORDINANCE REGULATING NON-STORMWATER DISCHARGE TO THE STORM
SEWER SYSTEM: Moved by Wirth, seconded by Mahayni, to pass on second reading an
ordinance regulating non-stormwater discharge to the storm sewer system.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE MAKING ZONING TEXT AMENDMENTS ESTABLISHING THE
NORTHEAST GATEWAY OVERLAY DISTRICT, INCLUDING DESIGN GUIDELINES
AND DESIGN STANDARDS: Moved by Vegge, seconded by Cross, to pass on third reading and
adopt ORDINANCE NO. 3818 making zoning text amendments establishing the Northeast
Gateway Overlay District, including design guidelines and design standards.
Roll Call Vote: 4-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay: Goodman.
Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
COMMENTS: Moved by Wirth, seconded by Goodman, to refer the letter from Central Iowa
Transit, Inc., to the Ames Transit Agency Board of Trustees and City staff.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Goodman congratulated the mayor for receiving the President's Award from
the local chapter of the NAACP. Mr. Goodman went on to state that there has been recent
divisiveness throughout our community regarding the proposed new mall. He further stated that
some citizens have felt that Mayor Tedesco is not a good person because he supports it.
Council Member Goodman wants people to know that just because the mayor disagrees with
those opposed to the mall, he has the best interests of this community in the forefront at all
times.
ADJOURNMENT: 7:55 p.m.
___________________________________ _____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
___________________________________
Jill L. Ripperger, Recording Secretary
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