HomeMy WebLinkAbout~Master - Regular Meeting of the Ames Housing Governing Board 03/23/2004MINUTES OF THE REGULAR MEETING OF THE AMES HOUSING GOVERNING
BOARD, REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING
ORGANIZATION TRANSPORTATION POLICY COMMITTEE,
AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 23, 2004
REGULAR MEETING OF THE AMES HOUSING GOVERNING BOARD
The regular meeting of the Ames Housing Governing Board was called to order by Chairperson Tedesco
at 6:30 p.m. on March 23, 2004, with the following members present: Cross, Dalrymple, Goodhue,
Goodman, Mahayni, and Vegge. Council Member Wirth arrived at 6:34 p.m.
HEARING ON AMES PUBLIC HOUSING AUTHORITY (PHA) ANNUAL PLAN: Vanessa
Baker-Latimer advised that the Quality Housing and Work Responsibility Act (QHWRA) of 1998 now
mandates that Public Housing Authorities submit to HUD (in a HUD-prescribed format) yearly updates
to the PHA’s Annual Plan. The Plan advises HUD, the participants, and members of the public of the
City’s mission for serving the needs of low-income and very low-income families and the City’s strategy
for addressing those needs.
Also, Ms. Baker Latimer explained that the QHWRA regulations allow PHAs that only administer
tenant-based assistance and do not own or operate public housing units (such as the City of Ames)
to submit a streamlined Annual Plan. She said that staff, with input from the Resident Advisory
Board, reviewed the goals and objectives to be addressed by the intent of the Annual PHA Plan and
prepared the updated Plan for public review and comment. Staff has also received certification from
the Iowa Department of Economic Development of the Plan’s consistency with the State’s
Consolidated Plan.
Mayor Tedesco opened the public hearing. No one wished to speak, and the hearing was closed.
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 04-080 approving the
updated Annual PHA Agency Plan.
Roll Call Vote: 8-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMENDMENTS TO THE CITY’S ADMINISTRATIVE PLAN IN CONNECTION WITH THE
CITY’S SECTION 8 RENTAL SUBSIDY PROGRAM: Moved by Cross, seconded by Goodhue, to
adopt RESOLUTION NO. 04-081 approving amendments to the City’s Administrative Plan in
connection with the City’s Section 8 Rental Subsidy Program, as follows:
1. Local Preference. The Program’s policy was revised to clarify the local preference’s definition
from a “family with children” to a “family with dependents.”
2. Utility Allowance. The Program’s policy was revised to allow the participant an option to
choose the utility provider to which the payment should be credited.
3. Housing Assistance Terminations. The Program’s policy regarding alcohol abuse needed to be
more specific about what would constitute receiving a warning or program termination
depending on the number of violations that occurred. The definitions for receiving a warning
letter, being terminated from the Program, and what is “technical” (unintentional) versus
“intentional” misrepresentation are being revised. The policy definitions have also been
expanded to include Property Owners who will receive one warning letter for breaching minor
Program violations of their HAP Contracts. The Program’s policy regarding domestic violence
is being revised to add a definition for “Victim of Domestic Assault.”
Roll Call Vote: 8-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HOUSING ASSISTANCE PAYMENT RENEWAL CONTRACT FOR SECTION 8 MODERATE-
REHABILITATION PROGRAM LOCATED IN THE SHELDON-MUNN APARTMENTS:
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-082 approving the Housing
Assistance Payment (HAP) Renewal Contract with the Project Owner for the City’s Section 8 Moderate
Rehabilitation Program located in the Sheldon-Munn Apartments.
Roll Call Vote: 8-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ADJOURNMENT: 6:40 p.m.
REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING
ORGANIZATION TRANSPORTATION POLICY COMMITTEE
The Ames Area Metropolitan Planning Organization Transportation Policy Committee met at 7:00
p.m. on the 23rd day of March, 2004, in the City Council Chambers in City Hall, 515 Clark Avenue,
with Mayor Tedesco presiding. Present from the Ames City Council were Cross, Goodhue,
Goodman, Mahayni, Vegge, and Wirth. Don Toms, representing the Story County Board of
Supervisors, and Mike O’Brien, representing the Boone County Board of Supervisors, were present.
Dennis Kroeger, Ames Transit Agency, was absent.
CONSULTANT SERVICES CONTRACT FOR THE LONG-RANGE TRANSPORTATION
PLAN: City of Ames Public Works Director Paul Wiegand told the City Council that as a result of the
City of Ames being named a “metropolitan area,” the Iowa Department of Transportation (IDOT)
requires that the Ames Area Metropolitan Planning Organization (AAMPO) prepare a new Long-
Range Transportation Plan by October 2005. The overall purpose of the Plan is to identify a vision
for transportation that is integrally linked with the adopted Land Use Policy Plan (LUPP) and will
describe how facilities and services will evolve over a 25-year period. Mr. Wiegand advised that
the AAMPO Policy Committee will oversee development of the Plan, and the AAMPO Technical
Committee will guide development of the Plan, while staff will act as administrator for the MPO.
Mr. Wiegand stated that opportunities for public participation in the process will be afforded through
three public meetings; a citizens’ advisory committee, to be comprised of a diverse group of public
and private individuals from all parts of the Ames area representing various interests; and a project
web site will be developed.
It was also explained that the consultant selection process began last December when a Request for
Qualification was solicited by the AAMPO. The AAMPO sent the request to all firms registered
with the IDOT as having transportation planning skills, and as a result, eight teams submitted
statements. A consultant selection team appointed by the AAMPO Technical Committee reviewed
the statements and asked four teams to submit proposals. Those were then reviewed and three teams
were asked to interview. As a result of that process, the team of HWS of Omaha, Nebraska, and
other subcontractors were selected to prepare the Plan for a negotiated contract fee of $230,000. Mr.
Wiegand advised that the federal government will pay for 80% of the fee, with the City of Ames
providing the local match of $46,000.
Moved by Vegge, seconded by Toms, to approve an Engineering Services Agreement with HWS
of Omaha, Nebraska, in the amount of $230,000, to prepare the Long-Range Transportation Plan
(LRTP).
Vote on Motion: 9-0. Motion declared carried unanimously.
AMENDMENTS TO THE 2004-06 TRANSPORTATION IMPROVEMENT PLAN (TIP) AND
THE 2004 TRANSPORTATION PLANNING WORK PROGRAM (TPWP) FOR THE STATE-
WIDE URBAN DESIGN AND SPECIFICATION (SUDAS) AND LONG-RANGE
TRANSPORTATION PLAN PROGRAMS: Mr. Wiegand advised that it has come to light that
amendments are needed to the TIP and the TPWP. The 2004-06 TIP must be amended to add the SUDAS
costs and the Long-Range Transportation Plan costs. The TPWP must be amended to add the Long-
Range Transportation Plan element. The approved amendments are then distributed for statewide
comments prior to being incorporated into the Statewide Transportation Improvement Plan.
Moved by Goodhue, seconded by Cross, to approve the proposed amendments to the 2004-06
Transportation Improvement Plan to add the costs of the SUDAS program and the Long-Range
Transportation Plan and to amend the 2004 Transportation Planning Work Program to add the Long-
Range Transportation Plan (TRTP) work.
Vote on Motion: 9-0. Motion declared carried unanimously.
ADJOURNMENT: 7:07 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Ames City Council met in regular session at 7:12 p.m. on the 23rd day of March, 2004, 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.
Andrew Tugan, ex officio member, was also present.
CONSENT AGENDA: Mayor Tedesco pulled the following items from the Consent Agenda: Item
No. 5, the referral of the Petition for Annexation of property located east of 13th Street and Interstate
35 to the Planning and Zoning Commission, and Item No. 21, the Platting Agreement and Major
Final Plat for the Ames Middle School 2003 Subdivision.
Moved by Cross, 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 March 2, 2004
3. Motion approving renewal of the following beer permits and liquor licenses:
a. Class C Liquor and Outdoor Service Area - Coldwater Golf Links, 615 South 16th Street
b. Class C Beer and Class B Wine - Cyclone Liquors, 626 Lincoln Way
c. Class A Liquor and Outdoor Service Area - Elks Lodge #1626, 522 Douglas Avenue
d. Class C Liquor - Lucullan's Italian Grill, 400 Main Street
e. Class C Beer - Swift Stop #4, 1118 South Duff Avenue
f. Class C Beer - Swift Stop #5, 3218 Orion Street
g. Class BW Liquor - Valentinos, 2500 Ferndale Avenue
4. Motion directing City Attorney to prepare ordinance revising parking regulations on West Street
5. RESOLUTION NO. 04-083 approving and adopting Supplement No. 2004-2 to the Ames Municipal
Code
6. RESOLUTION NO. 04-084 approving a Traffic Safety Improvement Program grant agreement for
traffic signals at Sixth Street and Duff Avenue
7. RESOLUTION NO. 04-085 approving submission of application to FEMA for participation in the
Assistance to Firefighters Grant Program
8. RESOLUTION NO. 04-086 authorizing temporary increase of one FTE within the Fire Department
for firefighter on active military duty
9. RESOLUTION NO. 04-087 approving preliminary plans and specifications for Ball Plastics
Ductline Project; setting April 14, 2004, as bid due date and April 27, 2004, as date of public hearing
10. RESOLUTION NO. 04-088 approving preliminary plans and specifications for the 2004/05 Arterial
Street Rehabilitation Program (Mortensen Parkway from Gateway Hills Drive to Elwood Drive);
setting April 20, 2004, as bid due date and April 27, 2004, as the date of public hearing
11. RESOLUTION NO. 04-089 approving preliminary plans and specifications for 2004/05 Water
System Improvements Program - Water Main Replacement, Contract No. 1; setting April 21, 2004,
as bid due date and April 27, 2004, as date of public hearing
12. RESOLUTION NO. 04-090 approving preliminary plans and specifications for 2004/05 Water
System Improvements Program - Water Main Replacement, Contract No. 2; setting April 21, 2004,
as bid due date and April 27, 2004, as date of public hearing
13. RESOLUTION NO. 04-091 approving contract with Hydro Metering Technology to furnish water
meters and related parts and services for the Water & Pollution Control Department through June
30, 2005, with four 12-month optional renewal periods
14. RESOLUTION NO. 04-092 awarding a contract to Kriz Davis Co. of Ames, Iowa, for the purchase
of 750 KCMIL triplexed power cable in the amount of $23.90 per foot for a total estimated cost of
$71,700, plus applicable sales taxes
15. RESOLUTION NO. 04-093 awarding a contract to Mid-Land Equipment of Ankeny, Iowa, for the
purchase of Wheel Loader and Bucket
16. RESOLUTION NO. 04-094 waiving formal bidding requirements and authorizing negotiation of
contracts for purchase of Fire Apparatus, subject to Council's approval of contracts
17. RESOLUTION NO. 04-095 approving a new three-year agreement with Norstan Communications,
Inc., to provide telephone system maintenance at an estimated annual cost of $27,946
18. RESOLUTION NO. 04-096 approving contract and bond for Dayton Avenue Substation
Modifications Project
19. RESOLUTION NO. 04-097 approving contract and bond for Contract No. 2 - Combustion Turbine
Generator
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REFERRAL OF PETITION FOR ANNEXATION OF PROPERTY LOCATED EAST OF 13TH
STREET AND INTERSTATE 35 TO THE PLANNING AND ZONING COMMISSION: Mayor
Tedesco explained that there had been some concerns expressed over the timing of the receipt of the
annexation application. An e-mail message to the Mayor and City Council had been received from
Kay Berger, which alleged that the annexation request for the I-35 and 13th Street property had been
improperly applied for because several of the pages of the annexation were faxed on March 16 after
9:00 a.m., and requested that this item be removed from this agenda and scheduled for a later
meeting. The Mayor and City Council had also received an e-mail message from Jim Popken
supporting Ms. Berger’s request. The Mayor provided the City Council with a copy of the fax
machine Report of Activity showing that the 24-page fax was received by the City of Ames at 8:40
a.m. on March 16, 2004.
Stephen Bishop, 2609 Eisenhower, Ames, expressed his concerns over the motion to refer the
Annexation Petition. He feels that before the City Council deliberates this issue, they should instruct
the Planning & Zoning Commission to determine whether there are any ethical problems or conflicts
of interest with brokers, bankers, or builders with the Ames Economic Development Commission.
Mr. Bishop feels that possibly an independent evaluation could be obtained, perhaps from a group
such as “Common Cause,” outside of Ames. Secondly, Mr. Bishop believes that an EPA evaluation
of site development is needed, and he would like the Council to direct that to be performed. Thirdly,
he urged the City Council to direct that a referendum be held to put this matter to a vote of the
citizens.
Moved by Goodhue to refer the Petition for Annexation of property located east of 13th Street and
Interstate 35 to the Planning and Zoning Commission.
Motion died for lack of a second.
Moved by Mahayni to delay this issue until the next Council meeting.
Motion died for lack of a second.
Council Member Mahayni explained that it appears the City has an administrative requirement that
the Annexation Petition be received by a certain hour and part of the material was received an hour
later. He understands that the staff routinely accommodates applicants, but in this particular case,
Mr. Mahayni would like to defer action on this until next meeting.
Council Member Cross pointed out that the requirement is that the Petition be submitted by 9:00 AM
15 days in advance of the Planning & Zoning Commission meeting. The date of the Planning &
Zoning Commission meeting is April 7, 2004. Mr. Cross said that, even if the application was not
received by 9:00 AM, it was received on March 16, 2004, which is considerably more than 15 days
prior to the meeting; it is 21 days in advance of the meeting. He also pointed out that the Fax Report
of Activity indicates that the submittal beat the deadline by 20 minutes.
Planner Joe Pietruszynski explained to the City Council that staff sets administrative policies to
afford them enough time for the request to be reviewed and documents prepared for the City Council
meeting; there is no statute that requires the Petition for Annexation be submitted at any particular
time. He stated that City staff is very accommodating to applicants; if there is a sheet missing or if
a correction needs to be made, they allow the applicant to bring in the sheet or make the correction,
and the application moves forward through the process. Mr. Pietruszynski said that if the City
Council postpones the referral of this Petition for a couple weeks, it will not change how staff is
going to prepare their response to this request. He also pointed out that the schedule for submission
is imposed by staff.
Council Member Wirth would like to see the item delayed since there is confusion and this is such
a controversial issue.
Moved by Wirth, seconded by Mahayni, to delay this item until the next City Council meeting.
Vote on Motion: 1-5. Voting aye: Wirth. Voting nay: Cross, Goodhue, Goodman, Mahayni,
Vegge. Motion failed.
Council Member Cross again pointed out that the application was received at some point on March
16; that is 21 days prior to the next Planning and Zoning Commission meeting, which is April 7.
Council Member Goodhue explained that the schedule is a guideline; there is no legal requirement.
Council Member Goodman advised that we have a report printed by the City’s fax machine showing
that the fax came into the City of Ames from the Belin Law Firm at 8:40 a.m. He said he cannot
support postponing this issue when the data received, in the form of a fax machine Activity Report,
shows that the rules have been followed and the applicants did what they were required to do.
Moved by Goodhue, seconded by Goodman, to refer the Petition for Annexation of property located
east of 13th Street and Interstate 35 to the Planning and Zoning Commission.
Vote on Motion: 6-0. Voting aye: Cross, Goodhue, Goodman, Mahayni, Vegge, Wirth.
Motion declared carried unanimously.
AMES MIDDLE SCHOOL 2003 SUBDIVISION: City Manager Steve Schainker publicly thanked
Ames Superintendent of Schools Ray Richardson and School District staff for their cooperation
during negotiations of the Platting Agreement. He stated that the Agreement is unique in that the
School District is stepping into a role as a developer. School officials have agreed to provide the
City, at no cost, the necessary easements for street and utility improvements; to construct all
required utilities and street improvements, on and off the site; to establish a per-acre cost for the land
at $25,000; and to reserve for the City the area on the Middle School site needed for a future
Recreation/Aquatic Center (Rec Plex) for a period of ten years. The Agreement also prescribes a
cost-sharing formula should the City Council, at some time before June 30, 2014, award a contract
for construction of a recreational facility on the site. Mr. Schainker pointed out that there is no
obligation for the City to move ahead with a Rec Plex project, but if needed, the arrangements have
been made.
Mr. Schainker advised the City Council that changes were made to the Platting Agreement on
Monday. Those changes include the following: (1) Page 5, Paragraph D1, “and storm water
detention basins” has been stricken. (2) Page 6, Paragraph D2, “and storm water detention basins”
has been stricken. (3) Page 6, Paragraph D3, “The School District shall grant to the City, at no
charge or cost to the City, an access easement to each of the said storm water detention basins, and
an easement for the detention of storm water in said basins, with the right to excavate the basins as
needed to restore or enhance the functional capacity of those storm water detention basins, such
easements to be in the form substantially the same as shown in Appendix B,” has been stricken.
Moved by Wirth, seconded by Goodman, to adopt RESOLUTION NO. 04-098 approving the
Platting Agreement, subject to approval by the Ames Community School District officials.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Wirth, seconded by Goodman, to adopt RESOLUTION NO. 04-099 approving the Major
Final Plat, subject to approval of the Platting Agreement by Ames Community School District
officials.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: Jim Popken, 920 Clark Avenue, Ames, reminded the City Council that they had
previously discussed creating an overlay zone for entryways. Mr. Popken encouraged the City
Council to consider an overlay zone for the South Dakota and Highway 30 interchange entryway.
He views the South Dakota area as having potential for development since it has land that is zoned
Commercial.
Mr. Schainker explained that the City Council will need to establish regulations to govern
development around South Dakota and Highway 30. He pointed out that the Council may need to
set priorities as staff has numerous projects pending. Council Member Mahayni said that staff time
would be needed to establish design guidelines; however, perhaps the entryway overlay zone could
be created pending design guidelines when actual development is going to take place. City Attorney
John Klaus advised that the City does not have any entryway overlay zone regulations at the present
time.
NEW CLASS C LIQUOR LICENSE FOR ENERGY KARAOKE: Moved by Goodhue, seconded
by Mahayni, to approve the new Class C Liquor License for Energy Karaoke, 200 Stanton Avenue,
Suite 102.
Vote on Motion: 6-0. Motion declared carried unanimously.
NEW CLASS B BEER PERMIT & OUTDOOR SERVICE PRIVILEGE FOR AMES
SLOWPITCH SOFTBALL AT NORTH RIVER VALLEY PARK: Moved by Wirth, seconded by
Goodhue, to approve the request for a new Class B Beer Permit & Outdoor Service Privilege for
Ames Slowpitch Softball at North River Valley Park, pending Parks & Recreation Commission
approval of 2004 Concession Agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
NEW CLASS B BEER PERMIT & OUTDOOR SERVICE PRIVILEGE FOR AMES
SLOWPITCH SOFTBALL AT SOUTH RIVER VALLEY PARK: Moved by Wirth, seconded by
Goodhue, to approve the request for a new Class B Beer Permit & Outdoor Service Privilege for
Ames Slowpitch Softball at South River Valley Park, pending Parks & Recreation Commission
approval of 2004 Concession Agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FOR FIREWORKS DISPLAY DURING THE ExTRAVAGANZA EVENT ON APRIL
3, 2004: Moved by Cross, seconded by Mahayni, to approve the request from Towers Residence
Association for a fireworks display during the ExTRAvaganza event at 9:15 p.m. on April 3, 2004, in the
ISU Cross Country Field.
Vote on Motion: 6-0. Motion declared carried unanimously.
2004/05 “ART AROUND THE CORNER” SCULPTURES: Susan Gent and Mary Howard,
members of the Public Art Commission, showed pictures of the sculptures that had been chosen by the
Commission for the Eighth Annual “Art Around the Corner.” Those sculptures were: (1) “and you” by
Chris Wubbena, (2) “Music Line Duo” by Mary Jane Lamberson, (3) “Prairie Oasis” by Bounnak
Thammavong, (4) “Man on a Chain” by Skip Willets, (5) “Two Bald Men with Beards” by Robert
Lamberson, and (6) “American Graffiti” by Jerry Cowger. The alternates were named as “And the Trees
Shall Clapp their Hands” by Jerry Cowger and “Broken Necklace” by Robert Lamberson.
Moved by Goodhue, seconded by Cross, to approve the selection of the 2004/05 “Art Around the
Corner” sculptures, as named above.
Vote on Motion: 6-0. Motion declared carried unanimously.
IOWA ARTS COUNCIL PROJECT GRANT APPLICATION FOR NEIGHBORHOOD ART
PROJECT: Moved by Wirth, seconded by Mahayni, to adopt RESOLUTION NO. 04-100 approving
the Iowa Arts Council project grant application for neighborhood art project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
VEISHEA 2004 REQUESTS: Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO.
04-102 approving the request for a waiver of electrical and water charges and street vendor permit
fees.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 04-101 approving the
request to close certain streets, City parking lots, and metered parking spaces; and directing
placement of signs and devices for traffic and parking control.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Kyle Chestnut and Shawn Sponheim, VEISHEA Entertainment Co-Chairs, thanked the City Council
for supporting their event. They invited the Ames community to get more involved in VEISHEA
activities, which are scheduled for April 16, 17, and 18, 2004.
USA. PATRIOT ACT: An e-mail from D. R. Newbrough had been placed around the dais, which urged
the City Council to adopt the resolution offered by Aaron Fultz.
Aaron Fultz, 3920 Viola Mae Avenue, Ames, spoke on behalf of the Ames Committee for Defense
of the Bill of Rights regarding the PATRIOT Act. After discussing this issue with City Council
members, Mr. Fultz believes that the Council may be reluctant to address national and/or federal
issues; however, the Committee feels that there is no reason why the City Council should not
address such issues. Mr. Fultz believes that federal representatives welcome input from cities. He
said that the resolution is meant to reaffirm strong support for all constitutional rights and its
dedication to defending civil liberties.
Cara Harris, 216 N. Franklin Avenue, Ames, advised that many, many organizations, with nothing
in common, have agreed that there are a lot of negative repercussions that could result from the USA
PATRIOT Act. Ms. Harris believes that the PATRIOT Act affects international students much
differently than it affects U. S. citizens. She said that the Iowa State University Government of
Student Body overwhelmingly passed a resolution opposing the USA PATRIOT Act.
Council Member Cross believes that it is important for the City Council to be able to relay to their
Congressional Delegation specific examples of the negative impacts to persons caused by the
PATRIOT Act.
David Edsell, 1232 Carroll Avenue, Ames, urged the City Council to oppose the USA PATRIOT
Act, as a whole. He feels that the federal government responded hastily in response to the terrorist
attacks of September 11, 2001, when they passed this Act.
Adrian Bennett, 2936 Ross Road, Ames, spoke as a citizen of Ames, and asked the City Council to
at least oppose portions of the USA PATRIOT Act.
Jorgen Rasmussen, 2187 Ashmore Drive, Ames, believes that the entire USA PATRIOT Act is so
flawed that it needs to be redrafted in its entirety.
Caleb Christiansen, 1125 Frederickson Court, Ames, gave a specific example of the impacts of the
PATRIOT Act on international people. He shared that two people, with whom he had spoken about
the PATRIOT Act, indicated that they had been threatened with deportation, and therefore, refused
to sign the petition opposing the Act.
Moved by Mahayni, seconded by Wirth, to pass RESOLUTION NO. 04-118 with the following
amendments:
(1) Item 4, page 2, to state, “opposes that portion of the PATRIOT Act that infringes on civil
liberties as articulated in the Bill of Rights of the U. S. Constitution;” (2) Eliminate Item 5; and (3)
Eliminate Item 7.
Roll Call Vote: 5-1. Voting aye: Cross, Goodman, Mahayni, Vegge, Wirth. Voting nay: Goodhue.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
Council Member Goodhue advised that he does not believe it is the role of the City Council to take
a stand on this Resolution, which was initially prepared by a third party. He is uncomfortable
endorsing a Resolution that he has not completely read and understood. Mr. Goodhue feels that the
City Council may freely state that they support civil liberties without passing this Resolution.
Council Member Mahayni believes that international students have been greatly affected by this Act.
He feels that it will continue to cause a decline in the enrollment of international students at Iowa
State University.
Moved by Vegge, seconded by Wirth, to amend the motion to change Item No. 8 to read, “send, via
fax, to the Iowa Congressional Delegation, the President of the United States, and the United States
Attorney General.”
Vote on Amendment: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Wirth, to amend the motion to strike every “WHEREAS” clause
in the Resolution.
Vote on Amendment: 6-0. Motion declared carried unanimously.
Andrew Tugan believes that some of the “WHEREAS” clauses are necessary because they give
background as to why the City of Ames is concerned about the PATRIOT Act.
The Mayor summarized the changes made to the Resolution as follows: It begins with the
“THEREFORE, BE IT RESOLVED” clause; includes Paragraphs 1, 2, 3, an amended Paragraph
4; Paragraph 6, and an amended Paragraph 8.
Roll Call Vote on Resolution, as amended: 5-1. Voting aye: Cross, Goodman, Mahayni, Vegge,
Wirth. Voting nay: Goodhue. Resolution declared carried, signed by the Mayor, and hereby made
a portion of these minutes.
The meeting recessed at 9:02 p.m. and reconvened at 9:10 p.m.
AMENDMENT TO THE LAND USE POLICY PLAN PERTAINING TO 405 AND 615 SOUTH
16TH STREET: Planner Joe Pietruszynski advised that the subject area encompasses approximately 13
gross acres of land and is generally located on the north side of South 16th Street (north of the Aspen
Business Park), west of the K-Mart shopping center, east of the future south Grand Avenue
extension, and south of Squaw Creek and the Coldwater Links Golf Course. He said that the
applicant is requesting that the existing Map designation of “Highway-Oriented Commercial”
(HOC) be changed to “Residential Medium Density” (RM) in order to be able to replace an area
planned for commercial expansion with a low- to medium-density (4.6 units/gross acre) duplex
development.
Mr. Pietruszynski explained that since South 16th Street and Grand Avenue are specifically designed
to handle a large volume of traffic and provide for high commercial visibility and excellent access,
Highway-Oriented Commercial land uses are suitable for the area. A change to another land use
could lead to underutilization of the transportation facility and may not recognize the potential
carrying capacity of the existing and proposed transportation infrastructure. The subject area is one
of nine vacant parcels left within the corporate limits of the City that are greater than ten acres in
size and zoned for commercial land use. It is one of six parcels zoned for Highway-Oriented
Commercial land uses. Staff believes that the site should remain HOC due to the following issues:
compatibility, efficient use of infrastructure, utilization of commercial inventory, and vision of the
Land Use Policy Plan.
Matt Randall, Randall Corporation, 420 S. 17th Street, Ames, described the duplexes that the
developer hopes to build on the subject site. The developers do not believe that this site is attractive
for commercial/retail development as it is not on a main thoroughfare. Because of its proximity to
the golf course, they believe that it is a very attractive location for residential development. Mr.
Randall advised that the issues regarding the flood plain have been remedied via a letter to FEMA.
He showed how the developers plan to buffer the area from the surrounding commercial
development. Mr. Randall said that the developers will be constructing a bike path through their
proposed development that will connect to the existing bike path.
Council Member Mahayni feels the fact that the developers would be using berms and trees to buffer
their proposed development points out that it is incompatible with the surroundings.
Council Member Vegge said that he believes the staff has presented a good case to keep the property
HOC; however, he also believes that this location would be a very nice site for Medium-Density
Residential use since it is adjacent to a golf course. Although he does not like the idea of decreasing
the supply of commercial land within Ames, Council Member Goodhue believes that the proposed
project has merit. Andrew Tugan said that he does not understand why the City would so readily
change the Land Use Policy Plan, which is its vision for the future.
Council Member Cross pointed out that the Planning and Zoning Commission supported the
proposed change to the Land Use Policy Plan Map. He also explained that there is some residential
development in this area and believes that more will occur in the future. Mr. Cross believes that
there are numerous opportunities for commercial redevelopment in the core of the City. He sees the
proposed development as being very well planned.
Council Member Wirth believes that noise and traffic will be a factor for residential development
in this area. She does not believe that the LUPP is changed easily, however, changes occur; at the
time when the LUPP was created, there was not a golf course in this area.
Council Member Goodman believes that Highway-Oriented Commercial land should not be
eliminated.
Moved by Vegge, seconded by Cross, to adopt RESOLUTION NO. 04-104 approving the Land Use
Policy Plan Map change of 13 gross acres of land generally located along South 16th Street from
Highway-Oriented Commercial to Residential Medium-Density.
Roll Call Vote: 4-2. Voting aye: Cross, Goodhue, Vegge, Wirth. Voting nay: Goodman, Mahayni.
Resolution declared carried, signed by the Mayor, and hereby made a portion of these minutes.
TIME EXTENSION TO SUBMIT THE COMMUNITY DEVELOPMENT BLOCK GRANT
CONSOLIDATED PLAN TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT: Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 04-103
approving a time extension to submit the Community Development Block Grant Consolidated Plan
to the Department of Housing and Urban Development no later than May 31, 2004.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMENDMENTS TO THE LAND USE POLICY PLAN RECOMMENDED IN THE 1998-2002
LAND USE POLICY PLAN EVALUATION REPORT: Moved by Cross, seconded by Mahayni, to
table this item until the April 13, 2004, meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
CORRECTION TO FINAL ASSESSMENT PLAT AND SCHEDULE FOR FERGUSON
SUBDIVISION SANITARY SEWER AND WATER MAIN PROJECT: Moved by Wirth, seconded
by Goodhue, to adopt RESOLUTION NO. 04-105 approving a correction to the Final Assessment
Plat and Schedule for Ferguson Subdivision Sanitary Sewer and Water Main Project.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
DIVIDING ASSESSMENTS AMONG CONDOMINIUM UNITS FOR BILLY SUNDAY ROAD
SANITARY SEWER AND WATER MAIN PROJECT: Moved by Vegge, seconded by Mahayni, to
adopt RESOLUTION NOS. 04-106A, 04-106B, 04-106C, and 04-106D dividing assessments among
condominium units for Billy Sunday Road Sanitary Sewer and Water Main Project.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
RESTRICTIVE COVENANT AND LIEN AGREEMENT WITH THE ASSAULT CARE
CENTER (ACCESS) TO SECURE REPAYMENT OF PURCHASE MONEY: Moved by Wirth,
seconded by Goodhue, to adopt RESOLUTION NO. 04-107 approving the Restrictive Covenant and
Lien Agreement with the Assault Care Center (ACCESS) to Secure Repayment of Purchase Money.
Roll Call Vote: 5-0-1. Voting aye: Goodhue, Goodman, Mahayni, Vegge, Wirth. Voting nay:
None. Abstaining: Cross. Resolution declared carried, signed by the Mayor, and hereby made a
portion of these minutes.
AGREEMENTS FOR COAL SUPPLY AND FOR TRANSPORTATION OF COAL FOR THE
ELECTRIC UTILITY: Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 04-108
approving five-year agreements for coal supply for the Electric Utility with Alliant Energy
Transportation for transportation of coal and with Peabody COALTRADE, Inc., for purchase of
coal.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON VOLUNTARY ANNEXATION OF PROPERTY GENERALLY LOCATED
SOUTH OF MORTENSEN ROAD, NORTH OF U. S. HIGHWAY 30, WEST OF STATE
STREET, AND EAST OF SOUTH DAKOTA AVENUE: Mayor Tedesco opened the public hearing.
No one wished to speak, and the hearing was closed.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 04-109 approving the
voluntary annexation of property generally located south of Mortensen Road, north of U. S.
Highway 30, west of State Street, and east of South Dakota Avenue.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON VOLUNTARY ANNEXATION OF PROPERTY GENERALLY LOCATED
SOUTH OF SUNCREST SUBDIVISION AND EAST OF CEDAR LANE: The public hearing was
opened by the Mayor. He closed same after no one wished to speak.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 04-110 approving the
voluntary annexation of property generally located south of Suncrest Subdivision and east of Cedar
Lane.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REZONING OF PROPERTY AT 3314 STANGE ROAD: The Mayor opened the
public hearing. No one asked to speak, and the hearing was closed.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 04-111 approving the
Master Plan for the development of single-family detached homes in the Taylor Glenn Subdivision.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodhue, seconded by Mahayni, to pass on first reading an ordinance rezoning the
property at 3314 Stange Road from “A” (Agricultural) to “F-S RL” (Suburban Residential Low
Density).
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 04-112 approving the
Preliminary Plat for Taylor Glenn Subdivision, with the following stipulations:
1. That a Development Agreement be prepared and signed by the developers prior to the
Final Plat for the first phase of the Taylor Glenn Subdivision being placed on the City
Council agenda for action. This Agreement shall document the developers’ and the
City’s responsibilities and costs associated with the development of the Taylor Glenn
Subdivision.
2. That the approval of the Preliminary Plat shall not become effective until the rezoning
of this property to “F-S RL” is completed.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON ORDINANCE TO VACATE AMES HIGH DRIVE: The public hearing was opened
and closed after no one requested to speak.
Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance vacating Ames High
Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to pass on second and third readings and adopt
ORDINANCE NO. 3758 vacating Ames High Drive.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON PROPOSAL TO CONVEY AMES HIGH DRIVE TO THE AMES COMMUNITY
SCHOOL DISTRICT: Mayor Tedesco opened the hearing. No one wished to speak, and the hearing
was closed.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 04-113 approving the
conveyance of Ames High Drive by Quit Claim Deed to the Ames Community School District.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING
DENSITY REQUIREMENTS IN RESIDENTIAL AREAS: The Mayor opened the hearing.
Moved by Wirth, seconded by Goodhue, to continue this hearing to April 13, 2004.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON TEXT AMENDMENTS TO THE FLOOD PLAIN REGULATIONS: The hearing
was opened by Mayor Tedesco. After no one came forward to speak, the Mayor closed the hearing.
Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance making text
amendments to the flood plain ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON 2004/05 WATER SYSTEM IMPROVEMENTS PROGRAM - WATER SERVICE
TRANSFER - CONTRACT NO. 1: Mayor Tedesco opened the hearing and closed same after no one
requested to speak.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 04-114 approving final
plans and specifications and awarding a contract to Rognes Corporation of Ames, Iowa, in the
amount of $40,658.60.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON WATER PLANT SCADA SYSTEM PROJECT: The public hearing was opened.
No one wished to speak, and the Mayor closed the hearing.
Moved by Wirth, seconded by Goodman, to adopt RESOLUTION NO. 04-115 approving final plans
and specifications and awarding a contract to Jetco, Inc., of Altoona, Iowa, in the amount of
$497,995.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON 2004/05 CYRIDE ROUTE RECONSTRUCTION PROGRAM (ONTARIO
STREET - IDAHO AVENUE TO NORTH DAKOTA AVENUE): Mayor Tedesco opened the public
hearing. No one wished to speak, and the Mayor closed the hearing.
Moved by Goodman, seconded by Goodhue, to accept the report of bids and delay award of
contract.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON MISCELLANEOUS ELECTRICAL MATERIALS FOR DAYTON AVENUE
SUBSTATION: The Mayor opened the hearing. He closed the hearing after no one came forward to
speak.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 04-116 approving final plans
and specifications and awarding contracts to: Cleaveland/Price, Inc., of Trafford, PA, for Switches
in the amount of $12,209; to Galvanizers, Inc., of West Fargo, ND, for Steel Structures in the
amount of $11,093.60; to Hamby Young of Aurora, OH, for Insulators in the amount of $5,457; to
WESCO Distribution, Inc., of Des Moines, IA, for Control Cable in the amount of $7,416.60; and,
to Lister Industries of Des Moines, IA, for Concrete Manholes in the amount of $18,620.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON 13.8 kV METAL-ENCLOSED CAPACITOR BANK FOR DAYTON AVENUE
SUBSTATION: The public hearing was opened by Mayor Tedesco. No one desired to speak, and the
Mayor closed the hearing.
Moved by Goodhue, seconded by Goodman, to adopt RESOLUTION NO. 04-117 approving final
plans and specifications and awarding a contract to Controllix Corporation of Walton Hills, Ohio,
in the amount of $67,100.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REQUEST TO LEASE SPACE ON THE MORTENSEN ROAD/COUNTY LINE
ROAD WATER TOWER FOR A CELLULAR ANTENNA: The Mayor opened the hearing.
Moved by Cross, seconded by Vegge, to continue the hearing to April 13, 2004.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE ADDING STATE LAW MOTOR VEHICLE REGULATIONS: Moved by Wirth,
seconded by Goodman, to pass on first reading an ordinance adding state law motor vehicle
regulations.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON KITTY HAWK DRIVE: Moved by
Goodhue, seconded by Wirth, to pass on first reading an ordinance revising parking regulations on
Kitty Hawk Drive.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: Mayor Tedesco announced that the Council will hold goal-setting sessions on March
26, beginning at 5:30 p.m.; and on March 27, beginning at 9:00 a.m., at the Parks & Recreation
Activity Room, 1500 Gateway Hills Park Drive.
The Mayor advised that the City’s “free days” for disposal of regular household waste have been
set for April 24 and September 11, 2004.
Moved by Vegge, seconded by Wirth, to refer to staff the two letters from the South Campus Area
Neighborhood (SCAN) dated February 25, 2004.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Vegge, seconded by Goodman, to refer to staff the possibility of drafting an ordinance
pertaining to graffiti.
Vote on Motion: 5-1. Voting aye: Goodhue, Goodman, Mahayni, Vegge, Wirth. Voting nay: Cross.
Motion declared carried.
Moved by Cross, seconded by Wirth, to refer to staff the request from the Ames Morning Rotary
for waiver of the tipping fee for rolloffs on the Rotary-sponsored Trash Pick-Up Day; letter from
the Chamber of Commerce regarding tax exemption in the Campustown Urban Revitalization
District; and letter requesting waiver of sidewalk requirement for the Amethyst Place Subdivision.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Vegge, to request staff to review the requirements of the Downtown
Urban Revitalization District pertaining to facade improvements and tax abatement and report back
to the City Council.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Mahayni, to request staff to look at creating an overlay district
for the South Dakota/U.S. 30 entryway.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 10:25 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor