HomeMy WebLinkAbout~Master - Special Ames Conference Board Meeting 12/20/2005MINUTES OF THE SPECIAL MEETING OF THE AMES CONFERENCE BOARD
AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 20, 2005
SPECIAL AMES CONFERENCE BOARD MEETING
The special meeting of the Ames Conference Board was called to order by Chairman Ted Tedesco
at 6:30 p.m. on December 20, 2005. Present from the Ames City Council were Cross, Goodhue,
Goodman, Vegge, and Wirth. Council Member Mahayni was absent. Story County Board of
Supervisors present were Clinton, Halliburton, and Toms. Representing the Ames School Board
were Pat Brown and Gail Johnston. Gilbert and United School Districts were not represented.
Moved by Cross, seconded by Toms, to approve the minutes of the special meetings of November
22, December 12, 14, and 15, 2005.
Vote on Motion: 3-0. Motion declared carried unanimously.
REPORT OF THE MINI-BOARD: Board Member Cross stated that it was necessary to go into
Closed Session as candidates for the position of City Assessor would be discussed.
CLOSED SESSION: Moved by Vegge, seconded by Clinton, to hold a closed session, as provided
by Sections 21.5(1)(i) and 21.9, Code of Iowa, to discuss candidates for the position of City
Assessor.
Vote on Motion: 3-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Halliburton, to reconvene in Regular Session.
Vote on Motion: 3-0. Motion declared carried unanimously.
Moved by Cross, seconded by Brown, to bring in Alan Jordan from Florissant, Colorado, for an
interview during the first or second week in January 2006.
Vote on Motion: 3-0. Motion declared carried unanimously.
ADJOURNMENT: 6:55 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The regular meeting of the Ames City Council was called to order by Mayor Ted Tedesco at 7:00
p.m. on December 20, 2005, in the City Council Chambers in City Hall, 515 Clark Avenue. Present
from the Ames City Council were Cross, Goodhue, Goodman, Vegge, and Wirth. Council Member
Mahayni was absent. Also present was Ex officio Member Borich.
MAYOR’S BANDSHELL PRESENTATION: Mayor Tedesco gave the background behind the
Ames Foundation’s fundraising efforts to help finance the following improvements to the
Bandshell in Bandshell Park. Donations were to yield $400,000, however, private fundraising
efforts totaled $220,000, falling $180,000 short of the goal. In November 2005, Chuck Durham
of Omaha, Nebraska, a person who once lived across the street from the Park, contacted the
Mayor inquiring about the City’s and Foundation’s efforts to renovate the Bandshell.
The Mayor introduced Don Erickson, President of the Ames Foundation, and Nancy Carroll,
Director of the Department of Parks & Recreation. The Mayor announced that Chuck Durham
has verbally committed $180,000 to accomplish the remainder of the renovation project. Subject
to a written agreement, naming rights will be approved by the City Council in January 2006.
The Mayor personally thanked Mr. Durham and his assistant Mr. Wilson. He also
acknowledged the major work done by the Ames Foundation to bring this project to fruition.
Mr. Erickson also thanked Mr. Durham for his contribution. He and Ms. Carroll recognized the
Mayor for his outstanding leadership in securing the $180,000 to finish the renovations to the
Bandshell.
Moved by Cross, seconded by Vegge, to authorize the Mayor to send a letter to Mr. Durham
thanking him for his generous donation to the community.
Vote on Motion: 5-0. Motion declared carried unanimously.
SPECIAL RECOGNITION OF MAYOR TEDESCO: Council Member Goodhue acknowledged
the many accomplishments of Ted Tedesco while serving as Ames Mayor since 1998. Each
Council member, including Riad Mahayni, who was brought in telephonically, and Ex Officio
Member Borich expressed gratitude to the Mayor for his leadership. Mayor Pro Tem Vegge
presented a “Key to the City” to Mayor Tedesco. Mayor Tedesco expressed his appreciation to
the public, City staff, and past and present Council members.
CONSENT AGENDA: Moved by Goodhue, seconded by Cross, to approve the following items
on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of December 13, 2005
3. Motion to approve renewal of the following liquor licenses and beer permits:
a. Class BW Liquor - Café Shi, 2514 Chamberlain Street
b. Class B Beer - Casey’s General Store #2560, 3020 S. Duff Avenue
c. Class B Beer - Pizza Pit, 207½ Welch Avenue
4. Motion accepting the Comprehensive Annual Financial Report for Fiscal Year ended 6/30/05
5. Motion accepting the report to management as presented and the SAS No. 61 communication
6. RESOLUTION NO. 05-491 approving and adopting Supplement No. 2006-1 to the Ames
Municipal Code
7. RESOLUTION NO. 05-492 appointing Matthew Goodman to the Ames Transit Agency Board
of Trustees
8. RESOLUTION NO. 05-493 accepting Abstract of Votes for December 6, 2005, City Run-Off
Election
9. RESOLUTION NO. 05-494 approving suspension of parking regulations in the Central Business
District on January 26, 27, and 28, 2006, for Downtown Dollar Days
10. RESOLUTION NO. 05-495 approving contract and bond for Unit No. 8 Condenser Tubes
Replacement Project
11. RESOLUTION NO. 05-496 accepting completion of the 2004/05 Arterial Street Rehabilitation
Program (Mortensen Parkway from Gateway Hills Drive to Elwood Drive)
12. RESOLUTION NO. 05-497 approving Final Minor Plat for Northwood Heights Subdivision,
3rd Addition
13. RESOLUTION NO. 05-498 approving Final Major Plat for Ringgenberg Park Subdivision, 1st
Addition
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: David Cook, 831 Burnett Avenue, Ames, advised that he was new to the City
and a volunteer serving on the Ames School District Budget Board. He said that he noticed,
after reviewing the School District’s budget, that there were some expenses that would not have
to be included under the District’s allowable spending if the City would pick up those expenses.
Mayor Tedesco requested that Mr. Cook write a letter to the Mayor and City Council outlining
his suggestions.
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HEARING ON INSTALLATION OF COMMUNICATION HARDWARE FOR WIDE-AREA
NETWORK (WAN) PROJECT FOR ELECTRIC SERVICES: Mayor Tedesco opened
the public hearing. No one wished to speak, and the Mayor closed the hearing.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 05-499 approving final
plans and specifications and awarding a contract to POWERCON Engineering of Irvine,
California, in the amount of $360,612.67.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON LEASE WITH SPRINT SPECTRUM, L.P., FOR INSTALLATION OF A
CELLULAR ANTENNA ON BLOOMINGTON ROAD WATER TOWER: The public
hearing was opened by the Mayor.
The Mayor advised that the terms of the Agreement had not yet been finalized.
Moved by Goodhue, seconded by Cross, to continue the hearing until a meeting in January 2006.
Vote on Motion: 5-0. Motion declared carried unanimously.
HOME STYLING FURNITURE: Mr. Schainker reminded the Council that, in June 2000, the
City Council approved economic development assistance for Home Styling Furniture in the form
of a Revolving Loan Fund loan and a Community Investment Fund loan. The company no
longer exists, one loan is paid in full, and there is $5,000 owing on the other; however, the
promised number of jobs was not created. The President of the Company is requesting that part
of the penalty be waived.
Finance Director Duane Pitcher explained that the President of Nadler Brothers Company
claimed that he had been informed by the City’s former Economic Development Coordinator
that as long as the loan payments were being made, there would be no penalty for lack of job
creation. Mr. Pitcher advised that the City’s former Economic Development Coordinator was
contacted, and he indicated that he had told Mr. Nadler that if the entire amount of the loan was
paid off, he could ask the City Council for a waiver or delay of penalties.
Council Member Goodhue asked if the penalty would relate from the lack of job creation or
movement out of the community. Mr. Schainker explained that this company now ceases to
exist and didn’t create the number of jobs promised in the Agreement. According to Mr.
Goodhue, Nadler Brothers Company still exists in this community, albeit not in the furniture
business, and jobs are still being created.
Mr. Pitcher said that this situation was somewhat unique in that the company has ceased to exist.
The loans were to a separate corporation – Home Styling Furniture; they did not go bankrupt;
they continued to repay the loans. He said that the City was relying on a letter from Barry
Nadler advising that this company had merged with Nadler Brothers, and they were going to
continue to repay the loans.
According to Mr. Pitcher, future agreements will mandate jobs be created within two years,
although the loan would be for five years; the City felt that waiting five years for the job creation
was too long. Mr. Schainker explained how the proposed penalty for lack of job creation by
Home Styling Furniture was derived.
Council Member Goodman explained that he preferred this item be tabled to afford Barry
Nadler, President of Nadler Brothers Company, an opportunity to address the City’s concerns.
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Moved by Goodman, seconded by Wirth, to table this issue until a meeting in January 2006.
Vote on Motion: 2-3. Voting aye: Goodman, Wirth. Voting nay: Cross, Goodhue, Vegge.
Motion failed.
City Attorney John Klaus explained the reason the personal guarantees were made by the
company. He said the City looks for some form of security for the promises made, and in this
instance, the personal guarantees were made in lieu of collateral.
Council Member Cross asked what type of penalty was applicable to the Revolving Loan Fund
loan. Mr. Pitcher said the penalty would be just under $50,000; it is a per-job penalty. He stated
that the penalty would be the same for the Community Investment Fund loan. If the penalty
were prorated on a per-job basis, the total penalty (for both loans) would be approximately
$50,000. Mr. Schainker said that if the City were to enter into the same type of agreement now,
it would allow for prorating.
Council Member Goodman initially said that he was against waiving any penalty provisions.
He pointed out that citizens’ money is loaned to businesses with the expectation that the terms
of the agreement(s) will be fulfilled; every time the penalties are ignored, it appears that the City
is granting interest-free loans with no benefits to the taxpayers. Mr. Goodman does not feel that
the terms of the agreement(s) should be changed because the company doesn’t meet its
obligations; that is not responsible investment of citizens’ funds. Acknowledging that Nadler
Brothers had begun a similar business in Council Bluffs, Mr. Goodman said that it is unknown
if the capital provided by the City of Ames was invested by the Company and used to create jobs
elsewhere. After learning that the 13.5 jobs in Ames had been attained, Mr. Goodman indicated
that he would be willing to waive the penalty provisions in the two loan agreements, but require
the four individuals who provided personal guarantees to pay an additional $15,357.13 plus the
$5,000 outstanding debt over the next eight months.
Moved by Goodman, seconded by Cross, directing staff to negotiate an agreement prorating the
penalties on both loans on the basis of 13.5 jobs being created; therefore, yielding a net penalty
of around $50,000 plus the outstanding debt (approximately $5,000) and setting the term for
payment.
Council Member Goodhue advised that he was interested in getting the original principal back
on the loans; he felt that would better protect the taxpayers of Ames.
Vote on Motion: 4-1. Voting aye: Cross, Goodman, Vegge, Wirth. Voting nay: Goodhue.
Motion declared carried.
INTERCONNECTION AGREEMENT BETWEEN CENTRAL IOWA POWER
COOPERATIVE: Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 05-501
authorizing the Mayor to approve the revised Interconnection Agreement between Central Iowa
Power Cooperative and the City of Ames.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
BIRDHAVEN SUBDIVISION: Council Member Goodman said that he would like to maintain this
issue as a “bargaining chip” for the Fringe Area Plan. He reminded the City Council that he had
moved to allow this Subdivision in the Fringe Area Plan, yet he doesn’t want to approve it
without the Fringe Area Plan being approved; he wants it “left it up in the area” until then.
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Mr. Goodman advised that he would like the City to move forward and approve the Fringe Area
Plan; this takes away “bargaining strength” for the City, and he would vote against it for that
reason. Council Member Cross said it was interesting that Council Member Goodman was using
completely different reasoning tonight than he did when he moved to create this Transitional
Residential in the Fringe Area Plan. Mr. Goodman said that his reason was to compromise; it
was to bring Boone “onto the table.” Council Member Cross recollected that he and Mr.
Goodman were having a debate that night about this issue and Mr. Goodman made a motion to
label this piece of property “Transitional Residential” only to get the matter “off the table and
move forward.”.
Council Member Goodman clarified that he was not against this Subdivision; however, his point
for wanting it Transitional Residential in the Fringe Plan was simply to move closer to Boone
because he felt that would be a sticking point. It was the opinion of Mr. Cross that Mr.
Goodman’s actions on this matter tonight were not fair; there is an individual who wants to
develop this property, and he is being made the object of a debate between Ames and another
governmental entity.
Council Member Goodhue said that he believes it will be 50+ years out before Ames grows to
this location; it is in Boone County. Mr. Goodman said he was against waiving infrastructure
requirements and making exceptions for future growth. He supported the Transitional
Residential because Ames was working with Boone County, and compromises needed to be
made. According to Mr. Goodhue, Boone County supported this Subdivision.
Moved by Cross, seconded by Vegge, to direct the City Attorney to prepare a Development
Agreement for the proposed Birdhaven Subdivision that must be signed by the developer and
approved by the City Council prior to action by the City Council to approve the request to waive
the City’s subdivision jurisdiction for the proposed Birdhaven Subdivision. Said Development
Agreement would include the following:
1. That the City of Ames not require the construction of public infrastructure to City standards
at this time;
2. That the property owners waive their rights to object to future assessments for public
improvements, including, but not limited to, street paving, bicycle paths, sidewalks, sanitary
sewer, and water;
3. That the property owners agree to pay any and all costs related to disconnection of the rural
water facilities (currently Xenia Rural Water District) at the time land in this proposed
subdivision is annexed into the City of Ames;
4. That the street right-of-way be widened from 50 to 55 feet if requested by the City of Ames;
5. That the width of the street paving be a minimum of 20 feet wide at the time of construction,
with capability to widen to 24 feet;
6. That the street easement extend to the east and south property lines, and that all proposed
lots abut this street easement;
7. That the City Council not waive its authority until the Final Plat approved by Boone County
is reviewed for consistency with the Developer’s Agreement; and,
8. Any other conditions, as determined by City staff, and approved by the City Council.
Roll Call Vote: 4-1. Voting aye: Cross, Goodhue, Vegge, Wirth. Voting nay: Goodman.
Motion declared carried.
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UNIVERSITY-IMPACTED AREA (UIA): Council Member Vegge recollected that the Council
agreed to a maximum building height of 4.5 stories; however, under Item 8a of the Basic Design
Standards, it states “5.5 stories.” Planner Jeff Benson said that when Council discussed this, it
was being conceived that the buildings would have underground parking; that underground
parking was not counted as a story; buildings up to 70' high were to be allowed. When the
Zoning Ordinance amendments were approved, language stating “70" or 4.5 stories” was used.
Since that time, questions have arisen over the number of feet in a story, and it was decided to
change all measurements to feet. According to Council Member Vegge, 3.5 stories were to be
allowed except on Beach Avenue where 4.5 stories would be allowed. Mr. Benson advised that
allowing buildings with a height of 70 feet would be compatible with this area.
Mr. Benson pointed out that the Final Plan for the University-Impacted Area is a policy
document; the law that has to be followed is the Zoning Ordinance. According to Mr. Benson,
of greatest importance is the zoning text, which defines the maximum building height at 70 feet.
Council Member Vegge said that he would prefer to limit the building height at 60 feet, as he
felt that would be 4.5 stories. Mr. Benson recommended that they specify that the 60 feet mean
without any underground parking.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 05-502 approving the
Final Plan for the University-Impacted Area and adopt RESOLUTION NO. 05-503 approving
changes to the text of the Land Use Policy Plan to incorporate policies of the Sub-Area for the
University-Impacted Area.
Moved by Goodman, seconded by Wirth, to amend the motion to set the maximum building
height to 60 feet for properties in the East RH District adjacent to Lincoln Way or Beach
Avenue.
Vote on Amendment: 4-1. Voting aye: Cross, Goodman, Wirth, Vegge. Voting nay: Goodhue.
Roll Call Vote on Motion, as Amended: 5-0. Resolution declared adopted unanimously, signed
by the Mayor, and hereby made a portion of these minutes.
WATER PLANT SECURITY SYSTEM: Moved by Goodhue, seconded by Cross, to adopt
RESOLUTION NO. 05-504 waiving bidding procedures and awarding a contract to Baker
Group of Des Moines, Iowa, for the installation of a security system in the amount of $73,800.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 05-505 awarding a
contract to Jetco Electric of Altoona, Iowa, for electrical work associated with the security
system in the amount of $20,365.25.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
RESPONSE TO CITY OF GILBERT’S REQUEST REGARDING WATER SERVICE:
Moved by Goodhue, seconded by Cross, to direct staff to respond to the City of Gilbert as
follows:
1. Regarding the sale of water directly to the City of Gilbert:
a. The City of Ames could provide water service to the City of Gilbert under the following
conditions:
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1. The connection to Ames must be within the Ames corporate limits; and from that
point and beyond, all responsibility, expenses, planning, and construction will be
handled by the City of Gilbert.
2. There shall be no service connections on the water line between Ames and Gilbert
or service outside the corporate limits of Gilbert.
3. The connection fees and service charges must be evaluated to ensure that Gilbert
pays a fair share of all Ames operating and capital investment costs.
4. The purchase of Ames water may not resolve all water quality problems because
there may be other issues in the Gilbert distribution system.
5. The existence of a large water main between Ames and Gilbert will create pressure
to open areas for development that may not be in the best interests of either
community and may possibly create legal issues with the Rural Water District
servicing the area north and northwest of Ames.
2. Regarding the request for a Grade II Operator:
a. The City of Ames does not have staff available to provide extended operating assistance
on a continuous basis to the City of Gilbert. Additional staff must be hired in order to
provide this service.
b. The City of Ames salary and benefit package is probably more than the City of Gilbert
is willing to pay.
c. Ames staff identified a few contract operator services and suggested that Gilbert may
wish to consider that option for its operational needs.
Vote on Motion: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING SNOW ROUTES: Moved by Goodhue, seconded by Cross, to pass
on first reading an ordinance revising the snow routes.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Cross, to pass on second and third readings and adopt
ORDINANCE NO. 3869 revising the snow routes.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON SEDWICK DRIVE AND
STOCKBURY STREET: Moved by Cross, seconded by Vegge, to pass on second reading an
ordinance prohibiting parking at all times on the north side of Sedwick Drive and on the north
side of Stockbury Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Cross, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodman, to pass on third reading and adopt ORDINANCE NO.
3868 prohibiting parking at all times on the north side of Sedwick Drive and on the north side
of Stockbury Street.
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Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING THE TOWN CENTER WEST URBAN REVITALIZATION
AREA: Moved by Wirth, seconded by Vegge, to pass on third reading and adopt ORDINANCE
NO. 3865 establishing the Town Center West Urban Revitalization Area.
Roll Call Vote: 4-1. Voting aye: Cross, Goodhue, Vegge, Wirth. Voting nay: Goodman.
Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ALLOW A DECREASE IN
PARKING REQUIREMENTS IN THE INDUSTRIAL WAREHOUSE DISTRICT:
Moved by Vegge, seconded by Goodman, to pass on third reading and adopt ORDINANCE NO.
3866 making a zoning text amendment to allow a decrease in parking requirements in the
Industrial Warehouse District.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON STANGE ROAD AND
OXFORD AVENUE: Moved by Vegge, seconded by Cross, to pass on second reading and adopt
ORDINANCE NO. 3867 establishing parking regulations on Stange Road and Oxford Avenue.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Outgoing Council Members Cross, Vegge, and Wirth expressed gratitude and
appreciation to their colleagues, constituents, and City staff.
ADJOURNMENT: 8:47 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
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