HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/23/2005MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 23, 2005
The Ames City Council met in regular session at 7:00 p.m. on the 23rd day of August, 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: Goodman, Mahayni, Vegge, and Wirth.
Council Members Cross and Goodhue was absent. Tony Borich, ex officio member, was also present.
Mayor Tedesco recognized Merlin Hove, Electric Services Director, who will be retiring after 38
years of service to the City of Ames. Benny Ethridge, the newly hired Director of Electric Services,
was introduced.
PROCLAMATION FOR “RACE AGAINST RACISM,” SEPTEMBER 24, 2005: Mayor
Tedesco read a proclamation for the “Race Against Racism,” which will be held on September
24, 2005. Accepting the Proclamation were Judy Dolphin, Director of the YWCA, and Lauri
Desselier, YWCA Board President.
CONSENT AGENDA: Council Member Vegge requested to pull Item No. 6,
a new Class C Liquor License for Dangerous Curves, 122 Welch Avenue; Item No. 12, Ames
High School Homecoming Parade; and, Item No. 16, a conference addressing best practices in
the management of public events.
Moved by Mahayni, seconded by Vegge, to approve the following items on the Consent
Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the Special and Regular Meetings of August 9 and Special
Meetings of August 16
3. Motion approving renewal of the following beer permits & liquor licenses:
a. Class C Beer - Cyclone Truck Stop, 1811 South Dayton Avenue
b. Class C Liquor - Deano’s 119 Main, 119 Main Street
c. Class C Beer, Class B Wine - Drugtown, 500 Main Street
d. Class C Liquor - El Azteca, 1520 S. Dayton Avenue
e. Class B Beer - Flame & Skewer, 2801 Grand Avenue
f. Class C Liquor - Okoboji Grill of Ames, 2719 Grand Avenue
4. Motion approving application for new Class C Beer Permit for La Michoacana, 118 Hayward
Avenue, Suites 3 & 4
5. Motion referring Petition for Annexation of 2999 South Riverside Drive to the Planning &
Zoning Commission
6. Motion supporting application of Main Street Cultural District to the state of Iowa for
certification as a cultural district and authorizing the Mayor to sign the application
7. Motion approving suspension of Thumb’s cigarette/tobacco permit for 30 consecutive days
starting September 1, 2005, as ordered by the State Attorney General, for providing tobacco to
minors
8. Motion approving fireworks permit for displays at Jack Trice Stadium for ISU home football
games on September 3 and 10, October 8 and 22, November 5 and 12, 2005
9. RESOLUTION NO. 05-359 approving appointment of Thomas Leslie to fill vacancy on Historic
Preservation Commission
10. RESOLUTION NO. 05-360 approving Annual Street Finance Report for fiscal year ending June
30, 2005
11. RESOLUTION NO. 05-361 approving the 2005/06 funding contract with Ames International
Partner Cities Association, Inc., in an amount not to exceed $3,000
12. RESOLUTION NO. 05-363 authorizing clothing/equipment compensation for Police
Department
13. RESOLUTION NO. 05-364 approving the Underage Tobacco Enforcement Contract between
the Police Department and Alcoholic Beverages Division
14. RESOLUTION NO. 05-365 awarding a contract for Supplemental Fixed Route Bus Service to
Central Iowa Transit for $37.75/trip
15. RESOLUTION NO. 05-366 awarding a contract to L & P Painting Company, Inc., of Cedar
Rapids, Iowa, in the amount of $32,600 (plus applicable sales taxes) for Painting of Combustion
Turbine No. 1 and Related Structures
16. RESOLUTION NO. 05-367 waiving formal bidding requirements and approving a contract with
Diamond Power International, Inc., in the amount of $50,353 (plus applicable freight and sales
taxes) for Replacement of Power Plant Sootblower Controls
17. RESOLUTION NO. 05-368 approving preliminary plans and specifications for Stange Road
161/69kV Substation Construction for Electric Services; setting September 14, 2005, as bid due
date and September 27, 2005, as date of public hearing
18. RESOLUTION NO. 05-369 approving preliminary plans and specifications for Roofing
Replacement at Water Pollution Control Plant and Water Plant; setting September 20, 2005, as
bid due date and September 27, 2005, as date of public hearing
19. RESOLUTION No. 05-370 approving an increase of $7,058 to the contract with Brown
Engineering Company to provide services for the Power Plant Fire Pump Installation project
20. RESOLUTION NO. 05-371 approving Change Order Nos. 3 and 4 to contract with Casey
Industrial, Inc., for Contract No. 11 – Mechanical Installation – Combustion Turbine Generator
Services
21. RESOLUTION NO. 05-372 approving Change Order Nos. 3 and 4 to contract with Casey
Industrial, Inc., for Contract No. 12 – Electrical Installation – Combustion Turbine Generator
Services
22. RESOLUTION NO. 05-373 accepting completion of Reconstruction and Lighting of the Emma
McCarthy Lee Park Tennis Courts and Replacement of the Lighting Control Unit at Brookside
Park Tennis Courts
23. RESOLUTION NO. 05-374 approving the Major Final Plat for Taylor Glenn Subdivision, 2nd
Addition
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CONFERENCE ADDRESSING BEST PRACTICES IN THE MANAGEMENT OF PUBLIC
EVENTS AND PREVENTION OF DISTURBANCES IN UNIVERSITY COMMUNITIES:
Police Chief Loras Jaeger explained recommendations made by the VEISHEA Task Force after
the disturbance in April 2004 and the progress made towards implementation of those
recommendations. Additionally, the Task Force had recommended that the City and Iowa State
University (ISU) convene a conference to examine best practices associated with the
management of public events and the prevention of disturbances. Chuck Cychosz, Support
Services Manager, advised that the Mayor, ISU President, and the President of the Government
of the Student Body (GSB) assigned the planning responsibilities to the Ames Police Department
and ISU Department of Public Safety. Mr. Cychosz advised that the University is providing
funding to obtain the assistance of the Higher Education Center for Alcohol and Violence
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Prevention. The Conference will require an operating budget of up to $12,000, half of which
will be paid by ISU; an allocation of $6,000 to be used for speaker fees, handouts, and other
conference-related expenses is being requested from the City.
According to Mr. Cychosz, the proposed conference is part of the City, University, and student
commitment to the concept of “One Community” and represents an important opportunity to
learn how to better manage major public events while minimizing the likelihood of public
disturbances.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 05-362 approving the
operating budget for a conference addressing best practices in the management of public events
and prevention of disturbances in university communities for the Police Department, with the
City remitting $6,000 from the Contingency Fund.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
AMES HIGH HOMECOMING PARADE: Kristin Johnson, Ames High Senior and Co-Chair of
the 2005 Homecoming Parade Committee, invited the public to the Ames High Homecoming
Parade that will occur on September 26 at 6:30 p.m. in Downtown Ames.
Moved by Vegge, seconded by Mahayni, to adopt RESOLUTION NO. 05-356 approving
closure of portions of Main Street, Fifth Street, Douglas Avenue, Burnett Avenue, Kellogg
Avenue, Clark Avenue, and Pearle Avenue from 6:00 to 7:30 p.m. for parade scheduled at 6:30
p.m.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Vegge, seconded by Mahayni, to adopt RESOLUTION NO. 05-357 approving
closure of Parking Lot N (east of City Hall) for parade staging between 5:30 and 8:00 p.m.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Vegge, seconded by Mahayni, to adopt RESOLUTION NO. 05-358 prohibiting
parking along the parade route on Main, Douglas, and Fifth Street from 5:00 to 7:30 p.m. and
approving suspension of parking enforcement along the parade route from 5:00 to 6:00 p.m.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ALL-AMERICAN WEEKEND, SEPTEMBER 2-5, 2005: Monte Parrish, 1511 Stone Brooke
Road, Ames, one of the coordinators of the All-American Weekend, described the activities that
will occur during Labor Day weekend.
Moved by Vegge, seconded by Goodman, to approve and adopt the following:
a. Motion approving blanket temporary obstruction permit in Central Business District
b. Motion approving blanket street vending license on September 2-5
c.Motion approving outdoor service area for Olde Main Brewing Company in CBD Lot Y
between Kellogg and Clark Avenues on September 2
d. Motion approving tapping of up to seven kegs at once during the beverage garden at Olde
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Main on September 2, with a maximum of ten kegs total
e. Motion approving 5-day beer permit and outdoor service privilege for American Legion Post
#37 for beer garden on the north half of Main Street on September 3
f. RESOLUTION NO. 05-351 approving temporary closure of Hazel Avenue from 4th Street
to 6th Street during Captain Midnight's 5K road race on September 2
g. RESOLUTION NO. 05-352 approving closure of certain streets and parking lots:
i. CBD Lot X and Y, north of the east-bound drive lane, from 10 p.m. on September 1 to
6 a.m. on September 6
ii. City Hall Parking Lot MM, from 5 p.m. on September 2 until 2 a.m. on Tuesday,
September 6
iii. Main Street, Clark Avenue to Duff Avenue, on September 3 from 6 a.m. to 6 p.m.
iv. Kellogg Avenue, CBD Lot to the alley north of Main, on September 3 from 6 a.m. to
6 p.m.
v. Douglas Avenue, Main Street to the alley north of Main, on September 3 from 6 a.m.
to 6 p.m.
vi. Clark Avenue, Fifth Street to Sixth Street, on September 3 from 8 a.m. to 3 p.m.
vii. City Hall Lot N on September 3 from 6 a.m. to 6 p.m.
h. RESOLUTION NO. 05-353 approving closure of parking spaces and suspension of parking
enforcement in the Central Business District from 6 a.m. to 6 p.m. on September 3
I. RESOLUTION NO. 05-354 waiving fees associated with permits and the use of water and
electricity
j. RESOLUTION NO. 05-355 authorizing expenditure from Electric Fund for rental of power
panel needed in Lot N
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CLASS C LIQUOR LICENSE FOR DANGEROUS CURVES, 122 WELCH AVENUE: A
fax had been received by the Mayor, and placed around the dais, from George Stagg, Associate
Pastor of Oakwood Road Church, which urged the City Council to deny the application.
Jeremy Boekelman, 4709 Steinbeck, #8, Ames, stated that this establishment would not be a
“strip club.” The dancers will not be topless or all-nude; they will be bikini-clad. It was pointed
out that he owns an existing establishment on Fifth Street; the new establishment will be
operated in the same manner.
Upon being asked by Council Member Vegge, Mr. Boekelman said that he opened the Fifth
Street establishment on April 29, 2005. Mayor Tedesco advised that, during that time period,
the bar had no violations.
Mr. Boekelman advised that any signage that will be placed on the new establishment will be
minimal. He said that he would not install signage that would draw attention; the building has
a low capacity and they don’t have to advertise.
Upon being questioned by Council Member Mahayni, Mr. Boekelman stated that lap dancing
does occur at his Fifth Street establishment, but only as allowed by law. He elaborated that there
could be contact between the dancers and customers as long as the dancers are not nude.
Council Member Mahayni raised concerns about perceptions. He pointed out that there was a
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sign on a window of the new establishment advertising for dancers. The sign referred to the
establishment as a “gentlemen’s club;” and Mr. Mahayni asked if they were advertising a certain
perception with that type of ad. Mr. Boekelman explained that they consider the establishment
on Fifth Street to be a “gentlemen’s club,” however, the one in Campustown would be
considered a “show club.” He further advised that the notice, although posted on the door of the
new location, was advertising for dancers for the Fifth Street establishment. Mr. Mahayni
pointed out that the assumption of whoever reads the ad would be that it was for the Welch
Avenue location.
Chief Jaeger explained that a meeting was held with Mr. Boekelman today, various ordinances
were discussed, and Mr. Boekelman assured City representatives that only actions that were
permitted by law would be allowed.
City Attorney John Klaus advised that City representatives met with Mr. Boekelman prior to his
opening the establishment on Fifth Street, and he was informed was what legal and what was
not; contact between the dancers and customers is illegal. City representatives are concerned
over Mr. Boekelman’s revelation, made tonight, that lap-dancing was occurring at his
establishment on Fifth Street and was being proposed for the new establishment on Welch
Avenue. According to Mr. Klaus, in a meeting held last fall with Mr. Boekelman, Mr.
Boekelman told staff that there would be bikini-clad performers; that is not a violation of the
state law at 728.5, and it is not likely to qualify as an “adult cabaret.” Mr. Klaus distinctly
remembered cautioning Mr. Boekelman against allowing contact between the performers and
the patrons; however, it appeared that he might not be heeding that warning.
It was suggested by Mr. Klaus that perhaps the City Council wanted to “tighten-up” the
ordinance to prohibit physical contact for the purpose of producing titillation. The existing
ordinance was adopted in 1996; the ordinance does not need to be as permissive as it is
currently.
According to Mr. Klaus, another issue is whether the establishment is considered to be an “adult
cabaret.” Ames zoning regulations prohibit adult cabarets (i.e., that which is unfit for children)
within a certain proximity of an arterial street, places of worship, schools, parks, etc. Mr. Klaus
said there is reason to believe that an establishment that caters to physical contact as
entertainment of a sexually oriented nature would come within the concept of an adult cabaret.
Lap dancing would be inappropriate for children to witness and would come within the
definition of an adult cabaret, specified in Ames zoning ordinance at 29.501. Mr. Klaus advised
that a valid basis for rejecting the liquor license application would be that an ordinance of the
City would be violated by the establishment. He recommended tabling this matter to give all
involved a chance to look into it further before the City Council makes its decision.
Council Member Mahayni advised that he was not concerned about definitions. He expressed
his opinion that the location of the proposed establishment was not appropriate due to its
proximity to ISU Campus. He would like to formulate an ordinance that would make it illegal
for such types of businesses to be located that close to Campus. Mr. Klaus indicated that First
Amendment rights must be considered, but the zoning regulations could be made more stringent
based on the definition of the “secondary effects” that are associated with adult entertainment
businesses.
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Council Member Mahayni pointed out that these types of establishments cannot be inspected 24
hours/day to see if there is lap dancing occurring. If the Council’s interest were in trying to
prohibit lap dancing, Mr. Klaus recommended that he draft another ordinance that tightens-up
the current one. There is no vested right, there is no grand-fathering with respect to that type
of ordinance; it’s a part of the regulations that deal with conduct. He said that he would have
to do constitutional law research to see what protections might pertain to the lap dancing
activity.
Suzanne Zilbur, 600 Fifth Street, Suite 302, Ames, advised that she was a Counseling
Psychologies and Sexual Assault Prevention Educator. She encouraged the City Council to take
some time to research what the possible impacts might be from this type of establishment on the
Iowa State community. Ms. Zilbur was concerned that data suggests such an establishment in
a central location, such as Welch Avenue, could increase the incidents of sexual assaults. Ms.
Zilbur stated that this did not fit the “one community” concept. She submitted, for the record,
material showing statistical data to support her position and asked that the Mayor and Council
review it. Ms. Zilbur believed that the sexually oriented business would have a negative impact
on young people; there is evidence that that type of business results in more criminal activity in
three categories: property crimes, violent crimes, and sex crimes.
Dr. Tom Hill, 3124 Maplewood Road, Vice-President of Student Affairs at ISU, indicated that
it was not the University’s role to dictate what businesses locate in Campustown; however, Iowa
State is a stakeholder in Campustown, and his responsibility is to students at Iowa State and their
personal and academic growth while they are there. Visiting families of ISU students and
prospective students frequent that area, and he has some preferences as to the type of
revitalization he’d like to see on Welch Avenue, e.g., restaurants, unique shops. Dr. Hill did not
believe that the proposed establishment would contribute positively to the neighborhood, to the
sense of community, or the environment attempted to be fostered in Campustown. He pointed
out that students who are of legal age do have the right to visit such clubs, but Welch Avenue
is not the appropriate place for such an establishment; it is a major gateway to the University and
is a main street for families who live in the area.
George Stagg, 1904 BelAir Drive, Ames, said that he was concerned over the secondary effects
that would occur to the dancers, patrons, and community. It was Mr. Stagg’s opinion that part
of living life is to learn how to be a family member and to raise children. He has known dancers
and families of dancers who have been hurt by their participation in dance clubs and strip clubs
in Central Iowa. Mr. Stagg believed that such an establishment did not support ISU’s vision or
the type of culture and environment that strengthens a young person’s ability to be family
members.
Mr. Boekelman said that he is not violating any current zoning laws. He said that what he is
proposing to locate in Campustown did not meet the definition of “adult entertainment.” Mr.
Boekelman wanted this liquor license treated just like any other request that meets the law. He
felt that there were two separate issues here; the second issue, i.e., lap dancing, could be taken
up at a later date.
Mr. Klaus read applicable definitions contained in the zoning regulations of the Municipal Code.
He said that perhaps bikini-clad dancers would not violate the law as it now stands; he
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again suggested that the regulations pertaining to lap dancing be “tightened up” at Chapter 17
to prohibit touching between entertainers and the audience.
Council Member Mahayni reiterated that it went beyond definitions in his opinion; the
Campustown area should be guarded against the type of establishment being proposed.
Moved by Vegge, seconded by Goodman, to table this issue until September 13, 2005, to get
more information about the ordinances that might apply.
Vote on Motion: 4-0. Motion declared carried unanimously.
PUBLIC FORUM: No one spoke during this time.
SALE OF GENERAL OBLIGATION CORPORATE PURPOSE AND REFUNDING BONDS,
SERIES 2005A: David Dirks, Senior Managing Consultant with the Public Financial
Management, Inc., advised that the City received 12 bids; one was rejected. The successful
bidder was Harris Trust & Savings Bank with a rate of 3.4820%. This issuance included $1.8
in refunding bonds, which saved the City $42,000. Mr. Dirks also indicated that the AAA rating
was reaffirmed by Moody’s.
Moved by Mahayni, seconded by Vegge, to adopt RESOLUTION NO. 05-355 providing for the
sale and issuance of Essential Corporate General Obligation and Refunding Bonds, Series
2005A, in the amount of $5,495,000 to Harris Trust & Savings Bank.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
RENTAL HOUSING PROGRAM: Fire Chief Clint Petersen, Deputy Chief Russ Scott, and
Building Official David Brown were present. Chief Petersen told the Council that since January
1998, the number of registered rental units in Ames had grown from 8,329 to 11,069, and in the
last 3-1/2 years, an average of 467 units has been added to the market each year. If that growth
rate continues, there will be more than 11,500 rental units within the city limits by the end of
2005. Mr. Petersen also advised that, at the beginning of this summer, rental inspections were
past due for 1,789 units. Because of that growth trend, the current rental housing inspection
program was reviewed and possible revisions were identified.
Mr. Petersen explained that an employee Process Improvement Team was established and input
solicited from customers. Three possible solutions for allocating resources needed to conduct
rental housing inspections were identified as: decrease the frequency of inspections, increase the
efficiencies of existing staff, and/or increase the human resources available to conduct rental
inspections. Proposed administrative changes, ordinance changes, and current-year budget
changes were described by Chief Petersen. No action was required from the City Council at this
meeting.
DOWNTOWN CHARRETTE: Matt Flynn, Director of Planning and Housing, and Susan
Gwiasda, Public Relations Officer, were present. Mr. Flynn stated that the Downtown Charrette
was scheduled from September 19 - 23. He recognized those involved with the planning of the
Charrette. The term, “charrette” was defined as a process of bringing together input from a
variety of community members to identify an attainable catalyst project that would serve as a
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catalyst for additional downtown growth. He reviewed the schedule and activities that were
planned.
Ms. Gwiasda presented the highlights of the Marketing Plan and the status of those efforts. She
described how the target audiences and members of the community have been notified of these
events. At the suggestion of Ex-Officio Member Tony Borich, ways to get the students involved
were discussed; City staff will pursue different options.
HEARING ON FURNISHING AND INSTALLING AIR CLASSIFIER AND CONVEYORS
(AIR KNIFE) AT THE RESOURCE RECOVERY PLANT: Mayor Tedesco opened the public
hearing. There being no one wishing to speak, he closed the hearing.
Moved by Mahayni, seconded by Goodman, to reject the bid of Lovegreen Industrial services
for the installation of the Air Knife project at the Resource Recovery Plant.
Vote on Motion: 4-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO DANGEROUS BUILDINGS: Moved by Goodman, seconded
by Wirth, to pass on first reading an ordinance amending Section 5.501(2)(e)(iii) pertaining to
Dangerous Buildings.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE AMENDING THE PLUMBING CODE: Moved by Vegge, seconded by Wirth,
to pass on second reading an ordinance amending the Plumbing Code.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REQUIRING POSTING NOTICE ON PROPERTY FOR WHICH
VARIANCES HAVE BEEN APPLIED: Moved by Wirth, seconded by Mahayni, to pass on
second reading an ordinance making a zoning txt amendment to require posting notice on
properties for which variances have been applied.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON WELCH AVENUE: Moved by
Goodman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 3849
revising parking regulations on Welch Avenue between Storm Street and Little Street.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Ex-officio Member Borich asked that an effort be made to involve the students
regarding the approval or denial of the proposed liquor license at 122 Welch Avenue.
ADJOURNMENT: 8:55 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
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