HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/27/2004MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JULY 27, 2004
The Ames City Council met in regular session at 7:00 p.m. on the 27th day of July, 2004, in the City Council
Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco presiding and the
following Council members present: Goodhue, Goodman, Mahayni, Vegge, and Wirth. Andrew Tugan, ex
officio member, was also present. Council Member Cross was absent.
Mayor Tedesco announced that Item No. 7, which pertained to an application for a new Class C Liquor
License and Outdoor Service Area for Hacienda Restaurant, 327 Lincoln Way, had been pulled at the
request of staff. Also, he stated that Item No. 9, the City’s Investment Report for the quarter ending June
30, 2004, had been pulled for separate consideration.
CONSENT AGENDA: Moved by Goodhue, seconded by Wirth, to approve the following items on
the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of July 13, 2004
3. Motion approving renewal of the following liquor licenses and beer permits:
a. Class C Liquor - Café Northwest, 114 S. Duff Avenue
b. Class C Liquor - Sportsman's Lounge, 123 Main Street
c. Class C Liquor - Welch Avenue Station, 207 Welch Avenue
4. Motion approving certification of civil service applicants
5. Motion approving use of City Hall display case to solicit funds for the Ames Veterans’ Memorial
6. Motion approving request for fireworks permit from Boy Scouts of America for a display to be shot
from Stuart Smith Park at approximately 9:45 p.m. on Wednesday, August 4, 2004
7. RESOLUTION NO. 04-308 approving expenditure from Contingency Fund for Mayor's visit to Enzan
City, Japan
8. RESOLUTION NO. 04-310 approving/motion denying request for reimbursement of marketing
expenditures for Ames Economic Development Commission from April 1, 2004, to June 30, 2004, in
the amount of $31,461.10
9. RESOLUTION NO. 04-311 reaffirming Flexible Benefits Program
10. RESOLUTION NO. 04-312 approving Engineering Services Contract with Burns & McDonnell for the
Electric Distribution Wide-Area Network project for a not-to-exceed amount of $322,050
11. RESOLUTION NO. 04-313 approving a Right-of-Way Procurement Services Contract with Myers &
Associates for the Mid-American Energy Co. Interconnection and Upgrade of Alliant Utilities
Interconnection project for a not-to-exceed amount of $488,557
12. RESOLUTION NO. 04-314 approving closure of Douglas Avenue from Fifth Street south to the alley
for Wheatsfield Grocery 30th Anniversary Celebration
13. Dollar Days on July 29, 30, and 31, 2004:
a. RESOLUTION NO. 04-315 approving suspension of parking regulations in the Central Business
District, the Blanket Temporary Obstruction Permit for Main Street Cultural District businesses, and
the waiver of the cost of electricity for entertainment in Tom Evans Plaza
14. RESOLUTION NO. 04-316 approving waiver of fee for installation of hydrant meter and water for
scuba diving training associated with the 2004 Boy Scouts National Order of the Arrow Conference
15. RESOLUTION NO. 04-317 approving the freezing of one vacant authorized position in Public Works
Department
16. RESOLUTION NO. 04-318 authorizing Phase II Professional Services by Dahlquist Clayworks
Elements for the Southeast Entryway Project
17. RESOLUTION NO. 04-319 waiving formal bidding procedures for disposal of two old transit buses and
approving the sale to Chicagoland Bus Museum for $450 each
18. RESOLUTION NO. 04-320 proposing to vacate a portion of right-of-way perpendicular to Grand
Avenue between Fifth Street and Sixth Street and setting August 10, 2004, as the date of public hearing
19. RESOLUTION NO. 04-321 approving preliminary plans and specifications for Fifth Street and Grand
Avenue Parking Lot Project; setting August 18, 2004, as bid due date and August 24, 2004, as date of
public hearing
20. RESOLUTION NO. 04-322 awarding contract for Wheel Loader and Bucket to Murphy Tractor and
Equipment Company of Des Moines, Iowa, in the amount of $94,899 and accepting the guaranteed buy-
back after 24 months at $85,000
21. RESOLUTION NO. 04-323 awarding contract for Rock Salt for the 2004/05 Ice Control Program to
Independent Salt Company of Kanopolis, Kansas, in the amount of $35.98/ton
22. RESOLUTION NO. 04-324 approving contract and bond for 2002/03 Traffic Signal Replacement
Program (Kellogg Avenue and Lincoln Way)
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
CITY’S INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 30, 2004: Finance Director
Duane Pitcher introduced Roger Wisecup, City Treasurer. Mr. Wisecup began employment with the
City in December 2003.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 04-309 approving the City’s
Investment Report for the quarter ending June 30, 2004.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
HEARING ON ADOPTION OF THE INTERNATIONAL BUILDING CODE (IBC),
INTERNATIONAL RESIDENTIAL CODE (IRC), AND INTERNATIONAL FIRE CODE (IFC),
WITH LOCAL AMENDMENTS: Building Official Steve Rauscher stated that the Building Code Board
of Appeals is supportive of the adoption of the IBC, IRC, and the IFC, with local amendments. A
number of issues have been worked out with members of the construction industry, and staff is not
aware of any additional concerns that have not been addressed.
Mayor Tedesco opened the public hearing. There being no one wishing to speak, the Mayor closed the
hearing.
Moved by Goodhue, seconded by Mahayni, to pass on first reading an ordinance adopting the 2003
International Building Code (IBC), International Residential Code (IRC), and International Fire Code
(IFC), with local amendments.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Vegge, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Mahayni, to pass on second and third readings and adopt
ORDINANCE NO. 3780 adopting the 2003 International Building Code (IBC), International
Residential Code (IRC), and International Fire Code (IFC), with local amendments.
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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.
HEARING ON REHABILITATION OF RUNWAY 1/19: The public hearing was opened by the Mayor.
No one asked to speak, and the hearing was closed.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 04-325 approving final plans and
specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount of $1,127,744.
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 Wirth, to adopt RESOLUTION NO. 04-326 authorizing staff to
negotiate inspection services with Earth Tech of Des Moines, Iowa, in an amount not to exceed
$110,700, subject to City Council approval of the FAA grant offer.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
COAL TRANSPORTATION AGREEMENT: Moved by Wirth, seconded by Mahayni, to adopt
RESOLUTION NO. 04-327 approving the five-year Coal Transportation Agreement with Williams Bulk
Transfer, Inc.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
PRELIMINARY PLAT FOR FOUNTAINVIEW SUBDIVISION: Moved by Goodhue, seconded by
Mahayni, to adopt RESOLUTION NO. 04-328 approving the Preliminary Plat for Fountainview
Subdivision, generally located north of U. S. Highway 30 and south of Mortensen Road, with the
following stipulations:
1. That a Development Agreement shall be prepared and signed by the developers prior to placing the
first Final Plat for the Fountainview Subdivision on the City Council agenda for action. This
Agreement shall document the developer’s and the City’s responsibilities and costs associated with
the development of the Fountainview Subdivision. The Developer’s Agreement will include, but
not be limited to, the following:
a. The developer will construct the recommended traffic improvements outlined below:
I. Stripe a 150' westbound left-turn lane in the center median of Mortensen Road at the
Seagrave Boulevard intersection;
ii. Construct an eastbound right-turn lane at the Seagrave Boulevard intersection; and,
iii. Provide a pedestrian crossing across Mortensen Road on the east side of the Seagrave
Boulevard intersection.
b. The developer will extend the sanitary sewer main from the Mortensen Road right-of-way east
of the subject site to the proposed development.
c. In lieu of constructing a sidewalk within the right-of-way along Outlot A, the developer will
construct a bicycle/pedestrian pathway around the retention pond in Outlot A that will connect
the public sidewalks along Walton Drive and Mayfield Drive to the public sidewalks along
Seagrave Boulevard.
2. That the developer will construct and dedicate all public improvements within the development to
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the City of Ames Urban Standards, as required, including: street paving, curb, gutter, sidewalks,
bicycle/pedestrian pathways, street lights, street trees, water main, sanitary sewer main, and storm
sewer improvements, prior to approval of the Final Plat; or, execute an Improvement Agreement to
guarantee the completion of all public improvements and provide security in the form of an
Improvement Guarantee, as set forth in Section 23.409 of the Municipal Code.
3. That a restrictive easement be stated on the Final Plat to prevent vehicular access from Mortensen
Road to Lots 6 - 9. All vehicular access to the lots within the development shall come from Walton
Drive, Mayfield Drive, and Maricopa Drive.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE REVISING PARKING REGULATIONS ON INDIANA AVENUE AND KANSAS
DRIVE: Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance revising parking
regulations on Indiana Avenue and Kansas Drive.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON WALLER STREET: Moved by Vegge,
seconded by Goodhue, to pass on first reading an ordinance revising parking regulations on Waller
Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON HUNT STREET: Moved by Goodhue,
seconded by Mahayni, to pass on first reading an ordinance revising parking regulations on Hunt Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ZONING ORDINANCE TEXT AMENDMENTS REGARDING THE SOUTHEAST GATEWAY
OVERLAY DISTRICT: Moved by Goodhue, seconded by Vegge, to pass on second reading an ordinance
making text amendments to the Zoning Ordinance regarding the Southeast Gateway Overlay District.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE AMENDING OFFICIAL ZONING MAP PERTAINING TO THE SOUTHEAST
GATEWAY OVERLAY DISTRICT: Moved by Mahayni, seconded by Wirth, to pass on second reading
an ordinance amending the Official Zoning Map pertaining to the Southeast Gateway Overlay District.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY LOCATED AT 405 SOUTH 16TH STREET: Moved by
Goodhue, seconded by Wirth, to pass on second reading an ordinance rezoning property located at 405
South 16th Street in Aspen Ridge Subdivision from “RM” (Residential Medium Density) to “F-PRD”
(Planned Residence District).
Roll Call Vote: 4-1. Voting aye: Goodhue, Mahayni, Vegge, Wirth. Voting nay: Goodman. Motion
declared carried.
ORDINANCE VACATING MAIN STREET RIGHT-OF-WAY ADJACENT TO CITY POWER
PLANT: Moved by Goodhue, seconded by Wirth, to pass on second reading an ordinance vacating Main
Street right-of-way adjacent to the City Power Plant.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON HARRISON CIRCLE: Moved by
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Wirth, seconded by Vegge, to pass on second reading an ordinance prohibiting parking at all times on
the south side of Harrison Circle.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON WINDFIELD DRIVE: Moved by
Goodhue, seconded by Goodman, to pass on second reading an ordinance prohibiting parking on the
north side of Windfield Drive from the west end of Windfield Drive to Eisenhower Avenue and on the
south side of Windfield Drive from Eisenhower Avenue to Columbine Circle.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON ONTARIO STREET: Moved by Wirth,
seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3781 prohibiting parking
on the north side of Ontario Street from North Dakota Avenue to a point 150 feet west of Arizona
Avenue.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE PROHIBITING PARKING ON WELBECK DRIVE AND WESTLAWN DRIVE:
Moved by Goodhue, seconded by Vegge, to pass on third reading and adopt ORDINANCE NO. 3782
prohibiting parking at all times on the north and east sides of Welbeck Drive and the east side of
Westlawn Drive.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
COMMENTS: Mayor Tedesco referenced a letter from Merlin Pfannkuch, 1424 Kellogg Avenue, Ames,
in which Mr. Pfannkuch expressed his disagreement with the new language placed in City Council
agendas under “Public Forum.” The Mayor explained that the new language states, “...At no time is it
appropriate to speak negatively about or personally attack any individual.”. He advised that the Ames
School Board reads a similar statement prior to their meetings. Mayor Tedesco pointed out that the City
staff is very hard-working and does not deserve to be personally attacked if the citizen speaking does
not agree with the staff’s recommendation.
Moved by Vegge, seconded by Goodhue, to refer to staff the letter from Fox Engineering dated July 27,
2004, requesting a waiver of subdivision regulations pertaining to the Bird Haven Subdivision, and the
memorandum from Phyllis and Cecil Stewart, 3439 George Washington Carver, Ames, concerning a
pedestrian crosswalk at Bloomington Road and Valley View Road.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Goodhue asked when the 13th Street Overlay proposal will be coming back to the City
Council. Planning and Housing Director Matt Flynn advised that they anticipate placing that on a
Council agenda in the next three to four weeks; it is possible that the meeting would be held jointly with
the Planning and Zoning Commission.
Moved by Mahayni, seconded by Wirth, to place the issue raised in the letter of Mark and Deb Terrones,
3338 Canterbury Court, Ames, regarding retroactively approving a Neighborhood Improvement Project
grant, on the Council’s Agenda for August 10, 2004.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Goodman revisited the letter from Mr. Pfannkuch placed around the dais this evening.
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Mr. Goodman said he feels that Mr. Pfannkuch brings up some good points. While Mr. Goodman
believes that the intent of the new language is to prevent slander, he thinks that the agenda should not
state “speak negatively about...any individual.” Mr. Goodman agreed with comments made in the letter
by Mr. Pfannkuch that citizens should be allowed to speak their minds, provided that their remarks are
not obscene, profane, or slanderous. The Mayor advised that he would take this into consideration.
ADJOURNMENT: 7:30 p.m.
_________________________________ ________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
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