HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/26/2005MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 26, 2005
The Ames City Council met in regular session at 7:00 p.m. on the 26th day of July, 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: Goodhue, Goodman, Mahayni, Vegge, and Wirth.
Council Member Cross was absent. Tony Borich, ex officio member, was also present.
PROCLAMATION FOR “EVERYBODY DESERVES SMOKE-FREE AIR DAY”: Mayor
Tedesco proclaimed July 28, 2005, as “Everybody Deserves Smoke-Free Air Day”. Accepting
the Proclamation were Judie Hoffman and George Belitsos, representing the Story County
Tobacco Task Force. Carlyn Crowe, Corporate Communications/Public Affairs, Iowa Health
System, and Evan Gibson, Iowa Farm Bureau, presented the Iowa Community Health Prize to
the Story County Tobacco Task Force for their commitment to provide smoke-free air in public
places and the impact that they have had on Ames and surrounding communities.
CONSENT AGENDA: Council Member Wirth requested to pull Item No. 7, the appointment of
Scott Dockstader to fill a vacancy on the Planning and Zoning Commission, for separate
discussion.
Moved by Goodhue, seconded by Goodman, to approve the following items on the Consent
Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of July 12, 2005
3. Motion to approve renewal of the following liquor licenses:
a. Class C Liquor - Sportsman's Lounge, 123 Main Street
4. Motion approving an encroachment permit for an awning/sign on the south side of the building
located at 2401 Chamberlain Street
5. Motion authorizing submission of Vulnerability Reduction Protection Plan grant application
to the Iowa Department of Homeland Security and Emergency Management
6. RESOLUTION NO. 05-303 confirming appointment of Government of the Student Body
Representative Stephanie Stall to the Ames Transit Agency Board of Directors
7. RESOLUTION NO. 05-304 approving City’s Investment Report for the quarter ending June
30, 2005
8. RESOLUTION NO. 05-305 approving amendment to 2005/06 Contract with Heartland Senior
Services
9. RESOLUTION NO. 05-306 approving ASSET contract for administrative services
10. RESOLUTION NO. 05-307 retaining Architects Rudi Lee Dreyer & Associates for completion
of a Building Assessment of the Adams property located at 1013 Adams Street
11. RESOLUTION NO. 05-308 setting August 9, 2005, as date of public hearing for issuance of
Essential Corporate Purpose and Refunding Bonds, Series 2005A, in an amount not to exceed
$5,600,000
12.Douglas Avenue Block Party on August 27, 2005:
a.Motion approving blanket temporary obstruction permit for the sidewalk adjacent to the closed
street
b. Motion approving blanket vending license for the duration of the event
c. RESOLUTION NO. 05-309 approving closure of Douglas Avenue from Main Street to
Fifth Street from 6 a.m. to 9 p.m.
d. RESOLUTION NO. 05-310 approving suspension of parking enforcement and waiver of
parking fees along Douglas Avenue from Main Street to Fifth Street
e. RESOLUTION NO. 05-311 waiving fees for use of electricity during the event
13. RESOLUTION NO. 05-312 approving preliminary plans and specifications to furnish and
install Air Classifier and Conveyors for the Resource Recovery Plant; setting August 17, 2005,
as bid due date and August 23, 2005, as the date of public hearing
14. RESOLUTION NO. 05-313 approving contract and bond for 2005/06 Shared Use Path System
(Mortensen Road - South Dakota Avenue to Dotson Drive)
15. RESOLUTION NO. 05-314 approving Change Order No. 2 to Sega, Inc., for Engineering
Services in connection with the Combustion Turbine Generator Project
16. RESOLUTION NO. 05-315 approving Change Order to Boone County Landfill for reject
disposal contract
17. RESOLUTION NO. 05-316 accepting completion of 2002/03 Traffic Signal Replacement
Program (Kellogg Avenue/Lincoln Way)
18. RESOLUTION NO. 05-317 accepting completion of public improvements and releasing
financial security for Northridge Heights Subdivision, 8th Addition
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
APPOINTMENT TO FILL VACANCY ON PLANNING & ZONING COMMISSION:
Council Member Wirth urged the other City Council members to oppose the appointment of
Scott Dockstader. Ms. Wirth advised that she does not know Mr. Dockstader personally;
however, she believes that the Planning & Zoning Commission lacks gender diversity. It was
pointed out by Ms. Wirth that, of the seven-member Commission, five members are males and
one is female. She also said that the last several appointees have been males. Ms. Wirth also
believes that the Commission lacks geographic diversity; the majority of the current members
live in Northwest Ames. The applicant lives in Northridge Heights Subdivision, in Northwest
Ames. Ms. Wirth believes that it is important to have a range of geographic representation on
boards and commissions. It is Ms. Wirth’s recommendation that the City Council step back and
do some recruiting, then make the appointment at their meeting on August 9. She would like
to bring some balance back to this Commission and doesn’t want to wait until there is another
opening.
Mayor Tedesco explained the appointment process. He looks first to the qualifications of the
applicant, but does take gender diversity into consideration. The Mayor stated that Mr.
Dockstader has excellent qualifications and is an outstanding applicant for this position.
The Council members present urged the Mayor to keep gender equity in mind when making
further appointments. Council Member Mahayni pointed out that there are no female applicants
at this time, and there is no guarantee that there will be any by the August 9 Council meeting
date. Council Members Goodhue and Vegge concurred that Mr. Dockstader is a very qualified
applicant.
Moved by Goodhue, seconded by Vegge, to adopt a Resolution approving the appointment of
Scott Dockstader to fill a vacancy on Planning and Zoning Commission.
Roll Call Vote: 3-2. Voting aye: Goodhue, Mahayni, Vegge. Voting nay: Goodman, Wirth.
Resolution failed.
PUBLIC FORUM: No one spoke during this time.
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PROPOSED ZONING AGREEMENT WITH WOLFORD DEVELOPMENT FOR
PLANNED REGIONAL COMMERCIAL DEVELOPMENT: Placed around the dais was a
letter directed to the Mayor and City Council from Wolford Development Options, LLC, dated
July 26, 2005. The letter asked the Mayor and Council to review the Agreement for timing as
to when a commitment for construction financing must be obtained. Mr. Wolford requested that
the Zoning Agreement be modified to reflect a financing deadline of December 1, 2007, instead
of December 1, 2006, since the rezoning process would not be completed until early October
2005, at the earliest.
City Manager Steve Schainker gave the chronological background on this issue. He summarized
three areas that staff would like to clarify in the Agreement: Section 2.1 M, adding the definition
of “out parcel; and Sections 5.4 A and 5.4 B, pertaining to obligations of the City to issue
permits or approvals. Mr. Schainker advised that, in keeping with the public input recently
received, staff is not requesting approval of the Zoning Agreement at this time. He outlined the
three-step approval/input process to be followed:
1. Introduction (no public input/no final decision): will occur at this meeting.
2. Public Input (no final decision): August 9 City Council meeting.
3. Additional Public Input (final City Council decisions): The Zoning Agreement would be
brought back at the same meeting when the City Council considers the rezoning request for
the East 13th property. The date for this meeting is dependent on how quickly the Planning
and Zoning Commission handles the zoning issue. .
City Attorney John Klaus described Article I, “Intent and Purpose,” and Article II, “Definitions.”
Regarding Article II, Mr. Klaus emphasized that there will be two rezoning ordinances: one
pertaining to changing the zoning designation from “Agricultural” to “Planned Regional
Commercial” and the overlay ordinance creating the Northeast Gateway Overlay District.
Article III, “Ordinance,” was explained by Mr. Klaus. He advised that the rezoning ordinances
could be passed by the City Council, but not published until a certain date; ordinances become
effective on the date of publication. If the title opinion with respect to the North Site would not
be delivered to the City by December 1, 2006, the City may repeal or change the two ordinances
and the developer shall have no cause of action against the City. If the title opinion for the South
Site would not be delivered to the City prior to December 1, 2007, the City may repeal or change
the Rezoning Ordinance pertaining to the South Site, and the developer shall have no cause of
action against the City. Mr. Klaus explained that all covenants of the Agreement would run with
the land; therefore, be binding upon all successors and/or assigns.
Planning and Housing Director Matt Flynn reviewed the Conceptual Site Plan, specifically, the
North Site, South Site, and East Barilla Site. He explained that this Plan will be supplanted by
the Major Site Development Plan, when approved by the City. Mr. Flynn stated that the
developer had agreed to construct a minimum of 498,000 square feet gross building area (GBA)
of buildings and other regional commercial improvements on the North Site, which will consist
of a combination of major anchor stores, minor anchor stores, and specialty stores. At least
160,000 square feet GBA of such space must be retail stores that did not have a store open for
business in the City as of December 31, 2004, and at least 80,000 square feet GBA of the
160,000 square feet GBA must be minor anchor stores. It was pointed out that the 498,000
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square feet does not include the out parcels. Mr. Flynn advised that there is adequate room for
expansion on both the North Site and the South Site.
Mr. Flynn explained that the proposed Agreement did not bind the developer to construct
improvements on the South Site; however, if the developer exercises that option, a minimum of
300,000 square feet GBA of buildings and other regional commercial improvements must be
constructed on the South Site (exclusive of out parcels).
Mr. Klaus stated that the City would only accept the following causes for a delay in completion:
(1) governmental war measures, (2) wind storms, or (3) labor strikes. Mr. Flynn further
described the timing and build-out of the project. He said that the City shall have no obligation
to issue any permits until the developer has: (1) submitted evidence of equity capital and
financing, (2) submitted evidence of leases with tenants, and (3) received approval of the City
Attorney as to satisfying requirements.
Mr. Schainker pointed out that Section 6 of the Agreement prohibits the developer from seeking
any form of tax abatement with respect to the development of the Sites.
Public Works Director John Joiner reviewed the obligations of the developer as they pertain to
public infrastructure; specifically, water, sanitary sewer, storm water, electric, bike/pedestrian
paths, CyRide, and streets, He further explained that the developer would obtain appropriate
rights-of-way and easements, at no cost to the City.
Mr. Schainker reiterated that the Agreement now states that the developer has until December
1, 2006, to obtain written commitments for equity capital, funding, and financing for
construction of the North Site improvements and submit evidence thereof to the City; and until
December 1, 2007, to provide proof of commitments of financing and leasing for the South Site.
He pointed out that this is what the developer is requesting to change; he requests that the
Agreement be modified to reflect a financing deadline of December 1, 2007. This is in light of
the possibility that the rezoning may not be finalized until October, leaving the developer with
only approximately 14 months to complete the lease-up process and arrange construction
financing.
Mr. Klaus indicated that the Agreement was written so as not to bind future governmental
bodies.
Mayor Tedesco reiterated that the Development Agreement will be discussed, and public input
received, at the City Council meeting on August 9.
MIDWEST ENERGY ASSOCIATION CONFERENCE REQUESTS: Moved by Goodhue,
seconded by Vegge, to approve a request for a permit to shoot fireworks in Eastgate Subdivision
on the evening of August 2, 2005, with the stipulation that the display not include the cannon-
type fireworks that create a loud aerial report.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 05-302 approving closure
of Plymouth Drive and Boston Avenue from Philadelphia Street to Baltimore Drive from 6:00
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to 11:59 p.m. for staging fireworks.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON DIESEL FIRE SUPPRESSION PUMP INSTALLATION AND WATER
SERVICE UPGRADE AT THE POWER PLANT: Mayor Tedesco opened the public hearing.
There being no one wishing to speak, he closed the hearing.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 05-318 approving final
plans and specifications and awarding a contract to Accurate Mechanical of Des Moines, Iowa,
in the amount of $316,124.00.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON CLOSE-OUT OF BALL PLASTIC CONTAINER CORPORATION
COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SET-
ASIDE (CDBG-EDSA) AWARD PROGRAM: The public hearing was opened by the Mayor.
He closed same after no one wished to speak.
Finance Director Duane Pitcher outlined the general description of accomplishments, gave a
summary of expenditures, advised that the project is 100% complete, and described changes to
the budget, performance targets, activity schedules, project scope, location, and objectives. He
advised that Ball Corporation did not meet the employment target, adding 39 employees instead
of the agreed-upon 50; therefore, the Corporation will be providing the City with a check for
$33,000 (11 jobs X $3,000) to be passed through to the Iowa Department of Economic
Development.
Moved by Goodman, seconded by Wirth, to adopt RESOLUTION NO. 05-319 approving the
close-out of the Program.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PRESENTATION OF SAFE SCHOOL ROUTES: John Joiner described the various meetings
that had occurred in an attempt to establish safe pedestrian routes to elementary schools and the
new Middle School with the changes in school boundaries. He gave a summary of the crossing
guard locations and improvements being recommended for Meeker, Sawyer, Edwards, Fellows,
and Mitchell Elementary Schools and for the Middle School.
Police Chief Loras Jaeger said that extra staff will be added at least for the first week to help
monitor for safety and utilization.
Mr. Schainker advised that this does constitute an unbudgeted item for the City due to changes
in school boundaries and the location of the new Middle School. The physical improvements
needed to adapt school safe routes to the new school boundaries will cost $17,600, and it seems
appropriate for the School District to cover those costs. He stated that the City has no guarantee
at this point if the School District will agree to pay for those capital costs; however, in order to
complete the safety improvements in time for the beginning of the school year, the City Council
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needs to make a decision tonight. Mr. Schainker emphasized that there is risk in pursuing the
additional guards and improvements, as the City may have to pay 100% of those costs if the
School District does not approve funding.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 05-320 authorizing
placement of 12 adult crossing guards, including the addition of three new guards at the City’s
cost ($6,900), and to authorize installation of physical improvements, as identified by City staff,
with reimbursement for these improvements ($17,600) to be requested from the Ames
Community School District. .
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SHARED-USE TRAIL CONSTRUCTION AND FINANCING STATUS: John Joiner explained
that with the pending completion of the update to the Transportation Master Plan and the
opening of the Ames Middle School, shared-use trails and bike paths had been closely evaluated
by City staff. This evaluation determined that there were funding shortfalls in Fiscal Years
2004/05 and 2005/06. He gave a summary of the locations of the shared-use paths and financing
approved for those years. There will be a shortfall in allocated funding for FY 2004/05 in the
amount of $75,737 and $262,236 in FY 2005/06. Mr. Joiner advised the Mayor and City Council
of the factors that lead to the shortfall in allocated funding: (1) Budget estimates for construction
and design were underestimated on several projects; (2) the Bloomington Road Trail costs were
higher than budgeted due to additional expenses related to the Union Pacific Railroad crossing;
and, (3) the Skunk River Trail, from Bloomington Road into Ada Hayden Park never appeared
in the Transportation Improvement Program approved by AAMPO for enhancement grant
funding..
Mr. Joiner advised that, to address the overall funding shortfall, the project locations for both
fiscal years were reevaluated for constructability and urgency. He described the proposed
revisions to the construction schedule. According to Mr. Joiner, sources of additional funding
have been researched to help finance the projects. General Obligation Bonds and Road Use Tax
funds may not be used; therefore, Local Option Sales Tax funds and the General Fund are
appropriate sources. Mr. Joiner said some savings had already been identified in other programs.
Financing provisions, including the funding sources, were outlined by Mr. Joiner.
Moved by Goodhue, seconded by Mahayni, to approve the updated construction and financing
schedules, as presented by staff.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 05-322 approving the
agreement with Union Pacific railroad for the Bloomington Road bike path.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
NON-DOMESTIC WASTE PRETREATMENT PROGRAM: Water and Pollution Control
Director Tom Neumann introduced Winnie Gleason and Karla Tebben, environmental engineers,
who were present to answer questions about the Program. Mr. Neumann advised that in order
to comply with federal requirements, the City must submit Pretreatment Program revisions to
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the Environmental Protection Agency (EPA). Those revisions are as follows: placement of the
entire Pretreatment Program on the City’s web site, remove references from appendices and
make them available by links on the City’s web site, update the Enforcement Response Plan, and
place pretreatment forms on the internet so that they are available to the public at any time.
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 05-323 approving the
aforementioned changes to the Program.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
WATER SUPPLY CAPACITY STUDY: Mr. Neumann explained that the last capacity study was
completed more than ten years ago and used only limited modeling techniques available at that
time. Since then, the utility has expanded, and demand for water supply is increasing.
According to Mr. Neumann, recent improvements in modeling and computer capabilities make
an updated study highly beneficial to identify the current capacity and steps that the City can
take to ensure a reliable drinking water source into the future. A proposal from Dr. William
Simpkins has been submitted for a comprehensive groundwater study for Ames, to include both
the quantity and quality of groundwater available as a drinking source and the potential use of
Ada Hayden Park’s lakes during periods of drought. A total of $125,000 has been included in
the approved Capital Improvements Plan over 2004/05, 2005/06, and 2006/07 for source water
research; however, the estimated total cost of the study is $215,470. Mr. Neumann advised that
the significant project cost increase is due to an expanded scope of services that will be paid for
outside funders.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 05-324 approving the
“Water Supply Capacity for Ames for the 21st Century” proposal, committing funds in an
amount not to exceed $125,000 for the three-year Study, and authorizing staff to work with ISU
to obtain supplemental funding sources.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REVISING PARKING REGULATIONS ON WELCH AVENUE: Moved by
Goodman, seconded by Wirth, to pass on first reading an ordinance revising parking regulations
on Welch Avenue between Storm Street and Little Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO THE REGULATION OF PARKING IN MUNICIPAL
PARKS: Moved by Mahayni, seconded by Wirth, to pass on second reading an ordinance pertaining
to the regulation of parking in municipal parks.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON WILDER STREET, DURANT
STREET, AND HARTFORD DRIVE: Moved by Goodhue, seconded by Wirth, to pass on
second reading an ordinance revising parking regulations on Wilder Street, Durant Street, and
Hartford Drive.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON PRAIRIE VIEW EAST: Moved
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by Wirth, seconded by Goodman, to pass on second reading an ordinance revising parking
regulations on Prairie View East.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON NORTHRIDGE PARKWAY
WEST OF STANGE ROAD: Moved by Goodhue, seconded by Vegge, to pass on second reading
an ordinance revising parking regulations on Northridge Parkway west of Stange Road.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF CEDAR LANE AND OAKWOOD ROAD: Moved by Vegge, seconded by
Goodhue, to pass on second reading an ordinance rezoning property generally located at the
southwest corner of Cedar Lane and Oakwood Road from “A” (Agricultural) to “FS-RM”
(Suburban Residential Medium Density).
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE SETTING SPEED LIMIT ON OAKWOOD ROAD: Moved by Goodman,
seconded by Vegge, to pass on third reading and adopt ORDINANCE NO. 3841 setting the
speed limit on Oakwood Road from State Avenue to a point 151 feet west of White Oak Drive.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: The Mayor explained the Examining Board’s role in naming a replacement for
the retiring City Assessor. He also described the process to be followed after the Conference
Board meeting, which will be held on August 9.
Moved by Wirth, seconded by Goodhue, to refer to staff the letter from Tom Randall Real Estate
dated July 26, 2005, and the letter from the IDOT dated July 19, 2005, regarding a paving
project on U. S. 30.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Vegge asked to have the “Bulk Water” sign on E. 13th Street replaced with one
that matches the Parks signs.
Council Member Goodman expressed frustration that the School Board and administrators did
not include all the costs when deciding to close elementary schools, specifically, the financial
implications of providing new safe school routes in response to the boundary changes.
Moved by Goodman, seconded by Vegge, to refer to staff the letter from the Natural Heritage
Foundation dated July 15, 2005.
Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: 9:45 p.m.
___________________________________ ____________________________________
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Diane R. Voss, City Clerk Ted Tedesco, Mayor
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