HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/14/2005 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 14, 2005
The Ames City Council met in regular session at 7:00 p.m. on the 14th day of June, 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, Goodhue, Goodman, Mahayni, Vegge, and
Wirth. Tony Borich, ex officio member, was also present.
CONSENT AGENDA: Mayor Tedesco announced that Item No. 5 pertaining to a new Class C
Beer Permit for La Michoacana had been pulled at the request of staff. Council Member
Goodman asked to pull Item #14, and Council Member Vegge asked to pull Item #10, for
separate discussion.
APPOINTMENT OF LUCY MARTIN TO ZONING BOARD OF ADJUSTMENT: Moved
by Vegge, seconded by Goodhue, to adopt RESOLUTION NO. 05-233 approving appointment
of Lucy Martin to fill a vacancy on the Zoning Board of Adjustment.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a part of these minutes.
REDUCTION IN WORK FORCE FOR TRANSIT OPERATIONS: Moved by Goodman,
seconded by Goodhue, to adopt RESOLUTION NO. 05-237 approving a reduction in work force
for Transit Operations.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a part of these minutes.
Moved by Cross, seconded by Wirth, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of May 24, 2005
3.Motion approving renewal of the following beer permits and liquor licenses:
a. Class B Beer - Godfather's Pizza, 414 Lincoln Way
b. Class C Liquor – Hickory Park, 1404 South Duff
c. Class B Beer - King Buffet, 1311 Buckeye Avenue, Suite B
d. Class C Liquor - Whiskey River, 132 Main Street
4.Motion approving five-day Class B Beer Permit and Outdoor Service Privilege for Olde Main
Brewing Company to operate the beverage garden during the Iowa Games Adult Weekend
Festivities on July 23
5.Motion approving certification of civil service applicants
6.Motion approving encroachment permit for a mailbox at 1503 Top-O-Hollow Road
7.Motion approving request from the Ames Jaycees to shoot fireworks from Stuart Smith Park
on the evening of July 4, 2005, pending approval from Iowa State University, with rain dates
requested on July 5 or July 6
8. Motion approving request from the Iowa Motor Truck Association to shoot fireworks from the
Iowa State Center parking lot on the evening of June 24, 2005, pending approval from Iowa
State University
9. RESOLUTION NO. 05-232 approving reappointment of Council Member Russ Cross to Ames
Economic Development Commission Board of Directors
10. RESOLUTION NO. 05-234 approving 2005/06 Pay Plan
11. RESOLUTION NO. 05-235 approving Ames Gas Regulator Agreement with Alliant
12. RESOLUTION NO. 05-236 approving Mini-Grant Contract for The Octagon Center
13. RESOLUTION NO. 05-238 dividing a Special Assessment among condominium units on Billy
Sunday Road
14. RESOLUTION NO. 05-239 approving award of contract for Wheel Loader and Bucket to
Murphy Tractor and Equipment Company of Des Moines, Iowa, in the amount of $122,000 with
guaranteed buy-back amount of $85,000
15. RESOLUTION NO. 05-240 approving renewal of the contract with QualityOne Commercial
Cleaning to provide custodial services for the City Hall/Community Center for FY 2005/06
16. RESOLUTION NO. 05-241 approving Change Order No. 3 for Contract No. 10 – Site
Preparation, Foundations, and Underground – in the amount of $31,750 to Story Construction
17. RESOLUTION NO. 05-242 approving contract and bond for 2005/06 Storm Sewer Intake
Rehabilitation Program
18. RESOLUTION NO. 05-243 approving contract and bond for 2005/06 Water System
Improvements Program
19. RESOLUTION NO. 05-244 approving contract and bond for 2003/04 Bicycle Trail System
(East Lincoln Way/Skunk River Bicycle Crossing)
20. RESOLUTION NO. 05-245 approving contract and bond for Wessex Sanitary Sewer Extension
Project
21. RESOLUTION NO. 05-246 approving contract and bond for Rehabilitation of Taxiway “A” at
Ames Municipal Airport
22. RESOLUTION NO. 05-247 accepting completion of corrected contract costs for the 2004/05
Water System Improvements Program – Water Main Replacement Contract No. 1
23. RESOLUTION NO. 05-248 accepting completion of contract with Communication
Technologies, Inc., for Feeder Upgrade and Ductline Construction for Electric Services
24. Sunset Ridge, 1st Addition:
a. RESOLUTION NO. 05-249 approving Development Agreement
b. RESOLUTION NO. 05-250 approving Major Final Plat
25. RESOLUTION NO. 05-251 accepting completion of public improvements and releasing
financial security for Taylor Glenn Subdivision, 1st Addition
26. RESOLUTION NO. 05-252 accepting completion of public improvements and releasing
financial security for Brookview Place West, 3rd Addition
27. RESOLUTION NO. 05-253 accepting completion of public improvements and releasing
financial security for Somerset Subdivision, 16th Addition
28. RESOLUTION NO. 05-254 accepting completion of public improvements and releasing
financial security for Somerset Subdivision, 17th Addition
29. RESOLUTION NO. 05-255 accepting completion of public improvements and releasing
financial security for Northridge Heights Subdivision, 6th Addition
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, spoke. He asked “What’s the
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matter with Ames?” He felt that there was “quite a bit” wrong. Mr. Pfannkuch indicated that
important decisions were being made by the Mayor and Council prior to the public meeting and
prior to receiving public input, and when interested persons attempt to discuss an issue, their
comments are dismissed without consideration. Mr. Pfannkuch cited examples that, in his opinion,
demonstrated poor decision-making and hypocrisy on the part of City leaders.
FINAL PLAN FOR THE UNIVERSITY-IMPACTED OVERLAY DISTRICT: Planner Jeff
Benson gave an overview of the Final Plan for the University-Impacted Overlay District. He
reminded the Council that they had approved the Draft Plan for the University-Impacted Area
(UIA), with changes, on December 21, 2004. He showed maps depicting present conditions and
buildings in the University-Impacted Area (UIA) and explained what could be expected in the
future if the Final Plat were approved, as presented.
Mr. Benson advised that focus group discussions were held, a Staff Advisory Committee was
formed, and several other meetings with neighborhood associations and interested groups
occurred. He said that representatives of Iowa State University (ISU) have been involved in this
process.
Council Member Goodman asked why it was being proposed to allow other architectural
enhancements to substitute for brick under the “Additional Standards for East RH District.” Mr.
Benson said that data showed that brick was a predominant material in the West RH District, but
they didn’t see that in the East RH District. They attempted to give some latitude to inspire
more creative design; the character is more striking in the East RH District due to the quality of
design.
Referring to demolition of structures originally built as Greek houses only being allowed where
the original intended use or permitted use could provide no economic return, Council Member
Goodhue asked why that was applying only to Greek houses. Mr. Benson explained that the
Greek houses form the character of the neighborhoods, people value them, and they needed to
be preserved. If no longer used in that capacity, he felt that they could be redeveloped into
multi-family housing units. City Attorney John Klaus advised that any demolition policy must
be consistent with State Code procedures, and there was still work to be done on this concept.
After being asked why balconies should be prohibited, Loras Jaeger, Chief of Police, responded
that the Department consistently receives complaints of projectiles being thrown from balconies.
Safety concerns also include the risk of personal injury or fatality from falling from a balcony.
Council Member Goodman asked to be provided with the number of complaints received about
items being thrown from balconies.
Pertaining to building materials, Council Member Cross asked how it was determined to set “ten
(10) percent” as the percentage of wood or metal siding to be allowed as an exterior material on
dormers or other similar features. Mr. Benson explained that staff set that percentage; it was a
rather arbitrary number. Mr. Cross also asked about the “ratio test,” pertaining to primary
facades and width of buildings. According to Mr. Benson, data was obtained from the
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Assessor’s Office on the current buildings as to widths, and a number was chosen that would
provide consistency and compatibility.
Discussion ensued on maximum height standards. Mr. Benson explained the step-back
provision for height above 25 feet in the Campustown Service Center. Restricting building
height to 25 feet within 30 feet of certain segments of Lincoln Way, Welch Avenue, and
Chamberlain Street was also reviewed.
Gloria Betcher, 531 Hayward Avenue, Ames, spoke on behalf of the Historic Preservation
Commission. The Commission has concerns about ensuring the compatibility of new materials
with existing materials in the East RH District. The Commission asked for further refinement
in the following areas: (1) “brick” and “stone” need to be defined; (2) include a description of
where brick must be used on a structure; (3) flexibility should be encouraged in the West
University-Impacted Overlay District; and (4) brick should be promoted as the building product
for the East University-Impacted Overlay District.
Jenn Plagman-Galvin, representing the ISU Greek Community, advised that the stakeholders of
the Greek Community change every four years. They do want to maintain the character of the
Greek houses; however, the stakeholders do have concerns about what standards will be
approved. Ms. Plagman-Galvin advised that 2,300 students (11%) live in Greek houses. Those
numbers are decreasing, which is the current trend across the nation. Maintaining and renovation
of the Greek houses are of concern to the stakeholders.
Matt Randall, 420 S. 17th Street, Ames, cited his concern about the required 30' setback. He felt
that if that standard were to be approved, it would force the height of the buildings to increase.
Prohibiting balconies also is of concern to him. Mr. Randall does not feel that the Plan should
be approved at this meeting as there are still many questions to be answered. He asked that the
City Council table this item and allow property owners and developers to review the standards.
Warren Madden, 2815 Oakwood, Ames, spoke as ISU Vice-President for Business and Finance
and as a member of the Corporation Board for one of the fraternities in the area in question. He
requested the opportunity for those directly affected to review these restrictions, as he did not
feel that copies of the standards had been widely distributed.
Mr. Benson explained that a total of 11 meetings with various stakeholders had been held and
the Basic Design Standards had been discussed for the past nine months. Forty (40) stakeholders
were e-mailed copies of the Final Plan as well as the proposed zoning and URA revisions last
week. He pointed out that there is a meeting scheduled for 7:30 AM next week with
stakeholders to find out what issues they have with the Standards. Council Member Wirth said
that it was clear from the comments made tonight that many stakeholders believed they needed
more time to review the Standards; she felt it was important that they be given that time.
Tony Borich said that input needed to be received from students, whether or not they are
affiliated with the Greek Community. He preferred that this issue be tabled until the fall;
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however, if the Planning staff felt that they could do a sufficient job gleaning input from
students, it would not have to be delayed that long.
Moved by Goodman, seconded by Vegge, to table this item until June 28, 2005.
Motion withdrawn.
Council Member Goodman asked how students had participated in the process to date. Jeff
Benson said that students had been involved in every stage of the process. Most recently, last
fall, a public meeting was sponsored by the Student Union Board where students could review
the Plan. Students from the Greek Community were also involved in a meeting held last fall.
There were four students participating in focus groups approximately a year and one-half ago.
Four students also were appointed to the Staff Advisory Committee.
Mr. Madden pointed out that boards governing the affairs of Greek Houses meet rather
infrequently, typically quarterly. He personally recommended that this issue be delayed until
some time in the fall with specific response dates outlined. Jenn Plagman-Galvin concurred with
Mr. Madden; it should wait until at least the fall semester to allow stakeholders sufficient time
to provide input. Ms. Betcher expressed concerns that historic buildings (pre-1941) could be
demolished in the interim and asked that the Council act on the urban revitalization plan issues.
The Mayor instructed that if the Final Plan were tabled, no action would be taken on the
subsequent items.
The Mayor agreed that this issue was not ready to move forward; however, asked for direction
to be given to staff regarding methods for receiving additional public input.
Moved by Goodhue, seconded by Mahayni, to direct staff to bring the Staff Advisory Committee
back together, adding any essential parties whom they believe are important to that Committee
and including the original parties; to make sure that this information is distributed to the
identified stakeholders (University groups, property owners, students, etc.) to give them plenty
of time to review; and, to place this issue back on the City Council’s Agenda for October 11,
2005.
Council Member Goodman did not agree with waiting until October; he felt a month was
sufficient.
Vote on Motion: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay:
Goodman. Motion declared carried.
URBAN FRINGE PLAN: Jeff Benson reviewed the flow chart, explaining the steps for
completing the planning work for the Plan: (1) All four jurisdictions must reach agreement on the
Plan. (2) All jurisdictions must approve the 28E Agreement, describing what each jurisdiction will
do under the Plan. (3) Each jurisdiction must make needed changes to local laws and procedures that
are consistent with the 28E Agreement.
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Discussion ensued as to the schedule for review, revision, and subsequent approval. Council
Member Goodman pointed out that the Council had not dedicated time to review and discuss the
Plan as it pertained to Ames; this should be the next step. Council Member Mahayni concurred.
He believed that the entities needed to meet as individual bodies prior to public review. Mr.
Benson said that discussion of the Plan by the Ames City Council was to occur at this meeting.
The Mayor stated that staff had previously been directed to make corrections to the maps and
include definitions, and that had not yet been completed. Mr. Benson said that Ames staff was
apprehensive about making changes to the Plan, as it pertains to four different jurisdictions. He
said he would not change the Plan without concurrence from the other entities. Council Member
Cross pointed out that it was difficult to discuss a list of preferred revisions without the entire
Plan.
Mr. Schainker advised that staff was asking for specific suggestions for changes to the Plan. The
other jurisdictions had given that direction to their staffs and were prepared to meet. He agreed
that this Council had never devoted time to a detailed review of the Plan to decide what they
were willing to accept. After agreement is reached by this Council and direction given to staff,
the entities will meet. Mr. Schainker recommended that a special City Council meeting be held
in the near future to discuss this Plan.
Council Member Cross reiterated that at the last joint meeting, staff was directed to make
corrections to the Plan, and that needed to happen before the Council meets to discuss it again.
He wants to make sure that what is presented for discussion is accurate before they, as a Council,
review the Plan. Mr. Benson said Ames staff is very leery about correcting the Plan and putting
it out to anyone without all four entities deciding that those corrections should be made. Mr.
Cross explained that at the last public meeting, many residents pointed out errors in the land
designations, e.g., land along West Lincoln Way is zoned Commercial, but the Plan map shows
it as “Agricultural.” Council Member Goodman said that the “mistakes in data,” but not policy
situations, needed to be corrected.
Mr. Schainker advised that this Council needed to have a special meeting when the Plan will be
reviewed. At that meeting, hopefully the Council will reach consensus, as a body, on the Plan
and direction will be given to staff to meet with the staffs of the other involved jurisdictions.
If there is an impasse, then the Council needs to meet with the other jurisdictions to deal with
those disagreements before public input is requested.
Council Member Wirth asked for a new copy of the Plan that includes the language that all four
groups are working on (a “working” document). Mr. Benson said that he was hesitant to do that
because he didn’t know if the other jurisdictions approved of that being done. Mayor Tedesco
said that this Council does not want to be under the direction of the other jurisdictions and their
staffs because Ames had not discussed the Plan. He stated that Ames staff needs to work at this
Council’s direction as to what they want, not what the other bodies want.
Moved by Cross, seconded by Vegge, to direct staff to set a special meeting of the Ames City
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Council in July or August, 2005, for the sole purpose of reviewing, in detail, the Urban Fringe
Plan, with the previously requested corrections incorporated and flagged.
Vote on Motion: 6-0. Motion declared carried unanimously.
DOWNTOWN CATALYST PROJECT: Moved by Goodhue, seconded by Wirth, to adopt
RESOLUTION NO. 05-259 approving a contract with the CharretteCenter Town Design of
Minneapolis, Minnesota, in an amount not to exceed $37,085 for consulting services to facilitate a
community charrette in order to identify a Downtown catalyst project; said sum to be expended from
the General Fund Balance.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
TAX EXEMPTION FOR COMMERCIAL DEVELOPMENT AT 2622 STANGE ROAD:
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 05-260 approving the request
for a three-year tax exemption for the commercial development at 2622 Stange Road.
Roll Call Vote: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay:
Goodman. Resolution declared adopted, signed by the Mayor, and hereby made a portion of
these minutes.
2004/05 URBAN REVITALIZATION TAX EXEMPTION REQUESTS: Moved by Goodhue,
seconded by Cross, to adopt RESOLUTION NO. 05-261 approving previously omitted 2004/05
Urban Revitalization Tax Exemption requests for:
1. 2603 Northridge Parkway
2. 2605 Northridge Parkway
3. 2610 Northridge Parkway
4. 2613 Northridge Parkway
5. 2617 Northridge Parkway
6. 2619 Northridge Parkway
7. 2755 Somerset Drive
Kurt Ness, 3001 Sapphire Circle, Ames, owner of 2617 Northridge Parkway, explained that he
had originally been told that the tax abatement was for ten (10) years when he built his building.
Mr. Ness recently had been told by City staff that his building did not meet the criteria for the
ten-year tax abatement because the renter of the second-floor apartment was not a low- to
moderate-income person. He checked the HUD regulations and believed that the renters do meet
that qualification. Mr. Klaus said that it was staff’s opinion that the building did not meet the
criteria for a ten-year tax abatement. He suggested that this issue be referred to the City’s
Housing Coordinator for investigation and possibly preparation of an agreement binding the
owner to rent to only low- to moderate-income persons. It was pointed out that the Board of
Review will meet on June 15, 2005, to approve or deny the request for tax abatement, as
originally presented. Planner Ray Anderson stated that it was the applicant’s responsibility to
request the low- to moderate-income housing option; that was not done. Mr. Klaus indicated
that he did not believe the applicant knew what needed to be done and the staff did not so direct
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him. Mr. Klaus said that the City Council should approve the applications before them tonight,
and if the applicant can prove that he meets the low- to moderate-income housing qualifications,
he should reapply, prior to the deadline, for the remaining years of the ten-year abatement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made part of these minutes.
28E AGREEMENT FOR JOINT COMMUNICATION NETWORK FOR PUBLIC SAFETY
SERVICES: Moved by Goodhue, seconded by Goodman, to adopt RESOLUTION NO. 05-262
approving the 28-E Agreement for a Joint Communication Network for Public Safety Services.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made part of these minutes.
HEARING ON IMPROVEMENTS AT THE MUNICIPAL POOL: Mayor Tedesco opened the
hearing. No one wished to speak, and he closed the public hearing.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 05-263 approving final plans
and specifications and awarding a contract to Woodruff Construction, LLC, of Ames, Iowa, in
the amount of $94,452, and including Alternate #1, at a cost of $13,200 to upgrade from metal
to plastic lockers.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made part of these minutes.
HEARING ON ORDINANCE MAKING AN AMENDMENT TO THE OFFICIAL ZONING
MAP TO REMOVE THE SOUTHEAST GATEWAY OVERLAY DISTRICT (O-GSE)
DESIGNATION WITH RESPECT TO PROPERTY GENERALLY LOCATED IN THE
VICINITY OF SOUTHEAST 16TH STREET AND DAYTON AVENUE: The public hearing was
opened by the Mayor. The hearing was closed after no one came forward to speak.
Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance making an
amendment to the Official Zoning Map to remove the Southeast Gateway Overlay District
designation with respect to property generally located in the vicinity of Southeast 16th Street and
Dayton Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON REZONING OF PROPERTY GENERALLY LOCATED IN THE VICINITY
OF DAYTON AVENUE AND SOUTHEAST 16TH STREET FROM “A” (AGRICULTURAL)
TO “HOC” (HIGHWAY-ORIENTED COMMERCIAL): The Mayor opened the hearing and
closed same after no one asked to speak.
Council Member Goodman suggested that “environmentally sensitive land” be called something
different as it could be misleading to the public
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Moved by Goodhue, seconded by Vegge, to pass on first reading an ordinance rezoning property
generally located in the vicinity of Dayton Avenue and Southeast 16th Street from “A”
(Agricultural) to “HOC” (Highway-Oriented Commercial).
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Vegge, to direct staff to clarify the meaning of
“environmentally sensitive land” in the LUPP.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Wirth, seconded by Goodhue, to refer to staff letters from Hunziker &
Associates dated June 8, 2005, and the Main Street District dated June 9, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Vegge, to refer to staff the letter from, and direct staff to work
in concert with, Kurt Friedrich, Rich Johansen, Russ McCullough, and David Keller dated June 7,
2005, requesting that the land they propose to be developed around Ada Hayden Park be included
in the LUPP and that this proposal be included in the discussion for low-impact development, large
lots, and the Ada Hayden Watershed.
Vote on Motion: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, and Wirth. Voting nay:
Goodman. Motion declared carried.
Moved by Goodhue, seconded by Cross, to refer to staff for response the e-mail from Michele
Farnham, a resident of Hillside Subdivision, dated May 10, 2005, requesting pedestrian-safety
measures.
Council Member Goodman advised that he had not seen the e-mail.
Vote on Motion: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay:
Goodman. Motion declared carried.
Moved by Goodman, seconded by Cross, to direct staff to investigate the process for notifying
people who may be incorporated in the two-mile fringe.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Vegge, to direct staff to set a date for round-table discussion
with small-rental property owners and developers on the effects of high-density development in
Southwest Ames.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 10:13 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
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