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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/28/2004 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 28, 2004 The Ames City Council met in regular session at 6:45 p.m. on the 28th day of September, 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. PRESENTATION FROM STORY COUNTY TOBACCO TASK FORCE: Judie Hoffman, 3820 Quebec Street, Ames, speaking on behalf of the Story County Tobacco Task Force, described a grant that Story County recently received entitled, “Everyone Deserves Smoke-Free Air.” The money for this grant came from the Center for Disease Control in Atlanta, Georgia, and it is being monitored by the Iowa Department of Public Health. The goal of the grant is to increase the number of smoke-free public places and smoke-free work places in Story County. They also work to educate people about the dangers of second-hand smoke. Ms. Hoffman also distributed the new “Story County Guide to Smoke-Free Dining and Hotel Accommodations” to the Mayor and City Council. Matthew Kern, 15582 NE 104th Street, Maxwell, and Brandi Wiese, 1905 Stone Brooke Road, Ames, members of the Teen Task Force of Story County, were present to describe “Operation Store Front,” a project that they completed last summer. Ms. Wiese explained that the Teen Task Force conducted this project in stores and gas stations throughout Story County over a five-month period. “Operation Store Front” is a national program that surveys the amount, location, and placement of tobacco and tobacco advertising to make the public more aware of how much advertising is targeted at them and youth, in particular. Ms. Wiese said they surveyed 23 area gas stations, convenience stores, and grocery stores. On average, the stores had 21 separate tobacco ads with some stores having 40 separate pro-tobacco messages. At the completion of the project, Teen Task Force sent letters to those establishments with the most tobacco advertisements including their findings and suggestions on making the ads less accessible to youth. PRESENTATION OF AUTOMOTIVE SERVICE EXCELLENCE (ASE) AWARD TO FLEET SERVICES STAFF: Mayor Tedesco introduced Paul Hinderaker, Director of Fleet Services. Mr. Hinderaker recognized Marty Osam, Doug Spear, David Stull, Rob Kirkpatrick, Justin Vasey, and Dan Richardson, all Certified Technicians. The Mayor presented a plague to and commended these staff members for receiving the ASE “Blue Seal of Excellence” designation for their maintenance facility, an honor bestowed by Automotive Service Excellence for providing the best service possible in a continually changing field. PROCLAMATION FOR EMANON NEIGHBORHOOD ASSOCIATION’S 75TH ANNIVERSARY: Mayor Tedesco recognized the EMANON Neighborhood Association as the first and longest ongoing Neighborhood Association in Ames. This Association is comprised of residents from Roosevelt and Marston Avenues. He read a Proclamation, which was accepted by Marty Helland, Stacey Ross, Betty Sailsbury, Cindy Hansen, Lillian Lawson, and Jane Halliburton. Ms. Sailsbury gave a brief history of their Association. PROCLAMATION FOR PUBLIC POWER WEEK: The Mayor proclaimed the week of October 4 - 9, 2004, as the 18th Annual Public Power Week. Accepting the Proclamation on behalf of Ames Electric Services were Merlin Hove, Steve Wilson, Jerry Borland, Mark Imhoff, Arlon Benning, and Lisa Donahue-Mondt. PROCLAMATION FOR FIRE PREVENTION WEEK: The week of October 3 - 9, 2004, was proclaimed by Mayor Tedesco as Fire Prevention Week. Captain Scott Siberski and Firefighter Doug Allen accepted the Proclamation. PROCLAMATION FOR FACES DAY: October 2, 2004, was proclaimed by the Mayor as FACES Day in Ames. Accepting the Proclamation were Elaine Dunn and Barry Camenisch. 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 September 14, 2004, and special meeting of September 24, 2004 3. Motion approving renewal of the following beer permits and liquor licenses: a. Class C Beer and Class B Wine - Aldi, Inc., 1301 Buckeye Avenue b. Class B Beer Permit – Ames Happy Joe's, 551 South Duff Avenue c. Class C Liquor – Bali Satay House, 2424 Lincoln Way d. Class C Liquor & Outdoor Service Privilege – Brewer's, 2704 Stange Road e. Class C Beer – Doc's Stop 5, 2720 East 13th Street f. Class C Liquor – E. J.'s Legacy, 111 Fifth Street g. Class C Liquor & Outdoor Service Privilege – Hickory's Hall, 300 South 17th Street h. Class B Wine and Class C Beer – Hy-Vee Food Store #1, 3800 Lincoln Way i. Class B Wine and Class C Beer – Hy-Vee Food & Drugstore #2, 640 Lincoln Way j. Class C Liquor – La Fuente Restaurant, 217 South Duff Avenue k. Class C Liquor – Sips/Paddy's Irish Pub, 124 Welch Avenue l. Class C Liquor – Wallaby's Grille, 3720 Lincoln Way 4. Motion to set the following City Council meeting dates: a. January 18, 2005, at 5:15 p.m. for CIP Worksession b. February 4, 2005, at 2:00 p.m. for Budget Overview c. February 8, 9, 10, and 15, 2005, at 5:15 p.m. for Budget Hearings/Wrap-Up 5. Motion directing City Attorney to prepare an ordinance revising parking regulations on Hoover Avenue 6. Motion directing City Attorney to prepare an ordinance revising parking regulations in the 2400 block of Lincoln Way 7. Motion accepting the Supervisory Control and Data Acquisition (SCADA) Study for the Ames Water Pollution Control Facility 8. Motion approving request from ISU Homecoming Committee for fireworks display on Central Campus at approximately 11:45 p.m. on October 8, 2004 9. Motion approving request from ISU Athletic Department for fireworks display on ISU Campus (east of Vet Med Lot 93) at approximately 9:00 p.m. on October 9, 2004 10. RESOLUTION NO. 04-422 approving and adopting Supplement No. 2004-4 to the Ames Municipal Code 11. RESOLUTION NO. 04-423 approving Agreement with Iowa Department of Transportation (IDOT) providing up to $720,000 in Federal STP funds for the 2005/06 Collector Street Rehabilitation Program (Northwestern Avenue from 13th Street to 20th Street) 12. RESOLUTION NO. 04-424 approving a 2004/05 Neighborhood Improvement Program grant for Eastwood Village 13. RESOLUTION NO. 04-447approving Under-Age Enforcement Contract between the Police Department and the Department of Human Services 14. FACES Celebration on October 2, 2004: a. RESOLUTION NO. 04-425 approving the closure of portions of Fifth Street, Clark Avenue and the East City Hall parking lot b. RESOLUTION NO. 04-426 approving contracts for entertainers c. RESOLUTION NO. 04-427 approving the transfer of the budgeted $1,500 in Hotel/Motel Tax Fund to the FACES account in the General Fund for payment of various fees d. RESOLUTION NO. 04-428 approving waiver of the cost of electricity associated with event e. RESOLUTION NO. 04-429 approving request for suspension of parking enforcement in Central Business District f. Motion approving blanket vending permit g. Motion approving blanket temporary obstruction permit for Central Business District sidewalks 15. Motor Ioway on October 4, 2004: a.Motion approving blanket temporary obstruction permit in Central Business District from 3:00 p.m. to 7:00 p.m. b.Motion approving the operation of the Downtown Farmer's Market in its usual location on Clark Avenue between Fifth and Sixth Streets from 3:00 p.m to 7:00 p.m. c. RESOLUTION NO. 04-430 approving closure of Main Street between the CBD lot entrance near Duff Avenue to Pearle Avenue between 3:00 p.m. and 7:00 p.m. for display of classic cars d. RESOLUTION NO. 04-431 approving suspension of parking enforcement in the Central Business District from 3:30 p.m. to 6:00 p.m. e. RESOLUTION NO. 04-432 authorizing expenditure from Electric Fund to provide electricity in Tom Evans Park 16. RESOLUTION NO. 04-433 approving preliminary plans and specifications for Combustion Turbine Generator, Contract No. 11 - Mechanical Installation; setting October 13, 2004, as bid due date and October 26, 2004, as date of public hearing 17. RESOLUTION NO. 04-434 approving preliminary plans and specifications for Bloomington Road Trail Extension (Eisenhower Avenue to George Washington Carver Avenue); setting October 20, 2004, as bid due date and October 26, 2004, as date of public hearing 18. RESOLUTION NO. 04-435 approving preliminary plans and specifications for Security Fencing at the Water Plant; setting October 14, 2004 as bid due date and October 26, 2004, as date of public hearing 19. RESOLUTION NO. 04-436 approving contract and bond for Combustion Turbine Generator - Contract No. 7, Non-Segregated Phase Bus Duct 20. RESOLUTION NO. 04-437 approving contract and bond for Combustion Turbine Generator - Contract No. 10, Site Preparation, Foundations, and Undergrounds 21. RESOLUTION NO. 04-438 approving contract and bond for 2004/05 Water System Improvements Program, Water Service Transfer - Contract No. 2 22. RESOLUTION NO. 04-439 approving contract and bond for Mortensen Road Sanitary Sewer Extension Project 23. Fountainview Subdivision: a. RESOLUTION NO. 04-440 approving Development Agreement b. RESOLUTION NO. 04-441 approving Final Major Plat Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Jim Murdock, 1510 Roosevelt Avenue, Ames, advised that he was a participant in the process of creating the Overlay Design Standards for 13th Street and I-35. He said he attended all of the sessions and was a substitute member of the Steering Committee on two occasions. Mr. Murdock stated that one of the things the Steering Committee wanted to do was to require CyRide bus service and bike paths to that location, however, that couldn’t be included in the Overlay Zone because it didn’t concern the exact area; it concerned the area between the City and the Overlay Zone. He pointed out that CyRide’s website suggested five possible ways to provide bus service to this area with estimates of start-up costs and annual costs. Mr. Murdoch encouraged the City Council to think about which of the proposals they would be interested in supporting and where the money is going to come from for the bus route(s) prior to voting on the Overlay Zone or any rezoning request. He preferred that the City Council take a public position on this prior to the public hearing on the rezoning. Mr. Murdock also urged the City Council to think about the location and costs of bike paths prior to voting. Catherine Scott, 1510 Roosevelt Avenue, Ames, stated that she had been following the process for the development of design standards for the Overlay District at E. 13th Street and I-35. After attending some of the focus group meetings, she noticed enthusiastic support for energy- efficient buildings in the Overlay District. Ms. Scott said she thinks that it is important to consider “green building codes” for all new construction in Ames. She was present tonight to ask the City to change the building codes in order to require more energy-efficient buildings; to adopt “green” building codes. Different measures to achieve that energy efficiency were described by Ms. Scott. She asked the Council to learn more about the standards and “green codes.” Tracy Andrle, 5608 Hickory Hills Drive, Ames, informed the Mayor and City Council about a state-wide event that will be held in Ames over Thanksgiving weekend honoring the “Heros on the War Against Terrorism.” They plan to bring together all of the families who have lost a loved one in the War on Terrorism. This event is non-partisan and is neither pro- nor anti- war. She described activities that will occur during this event. Jon Shelness, 405 Tama Street, Slater, was again present advocating for University students. He talked briefly about social norms. It was Mr. Shelness’s opinion that there is no social- norming that occurs when 25,000 students come to town. He asked the City Council to endorse the creation of a “Norms Committee.” DISCUSSION OF PEDESTRIAN WALKWAY INFILL PROGRAM: City Manager Steve Schainker offered observations formed from feedback received from citizens on this Program. First, many who are impacted by the proposed program are upset that they will not have an opportunity to converse with the Mayor and Council at the September 30 workshop. Second, many in the impacted group distrust the matrix proposal so much that they would prefer that the City Council go on record terminating the proposed matrix-based program. Third, many in the impacted group are not rejecting any form of a sidewalk program, but they strongly believe that they should be involved in the initial dialogue with the City Council when a more- limited program is being considered. Council Member Wirth suggested that an option be considered which would limit the Program to those areas where there is the greatest need for sidewalks due to safety reasons. According to Public Works Director Paul Wiegand, approximately one-third of those receiving letters about the Program owned property on arterial streets. Discussion ensued on the existing matrix used to determine which properties were affected. Council Members Wirth, Cross, and Goodhue expressed their support for rejecting the matrix and using the meeting scheduled for September 30 to explain to the City’s residents why sidewalks are an important component of the Transportation Plan. Council Member Goodman stated that he did not want the matrix rejected at this point. He believed the real issue was how to determine the representatives of the smaller focus group. Moved by Cross, seconded by Vegge, to remove the current matrix from the Pedestrian Walkway Infill Program and continue with the public meeting on September 30 at 6:30 p.m. in the City Auditorium with staff presenting background information on the Program and seeking input from the public. Vote on Motion: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Cross. Voting nay: Goodman. Motion declared carried. GENERAL OBLIGATION BONDS, SERIES 2004: Finance Director Duane Pitcher advised that the City’s AAA bond rating had been reaffirmed. There are only three cities in Iowa that have achieved this rating. David Dirks, Public Financial Management, Inc., advised that the City received ten bids. The low bid was 2.9951% submitted by RBC Dain Rauscher Corporation. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 04-442 awarding the sale and issuance of General Obligation Bonds, Series 2004, in an amount not to exceed $6,030,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PRELIMINARY PLAT FOR RODEN SUBDIVISION: Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 04-443 approving the Preliminary Plat for Roden Subdivision, subject to the following stipulations: 1. That the developer will construct and dedicate all public improvements within the development to City of Ames Urban Standards, as required, including: dedication of public right-of-way, street paving, curb, gutter, sidewalks, street lights, 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. 2. That a note be placed on the Final Plat drawings indicating that no vehicular access will be provided from Freel Drive to Lots 7 - 8 and from Southeast Fifth Street to Lot 1. All vehicular access to the lots within the development shall come from Southeast Fourth Street and Roden Avenue. 3. That the area proposed for Lots 5 - 7 remain as one lot until the existing buildings in that area are either removed or reconfigured to meet the requirements of the Zoning Ordinance. 4. That the developer secures a Flood Plain Development Permit prior to any construction activities on the site. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR NO-INTEREST LOAN FROM DOWNTOWN REVOLVING LOAN FUND: Moved by Wirth, seconded by Mahayni, to adopt RESOLUTION NO. 04-444 approving the request for a no-interest loan in the amount of $7,390 from the Downtown Revolving Loan Fund and a grant of up to $1,000 for design fees associated with the improvements to the property located at 413 Kellogg Avenue. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SUSTAINABLE NEIGHBORHOOD CONTRACT AND PROGRAM GUIDELINES (Tabled from 9/14/04): Pat Brown, representing Housing for Sustainable Neighborhoods, Inc., explained that this is a pilot program at this time. It is not offered city-wide as there are very limited funds and a very limited number of volunteers. Ms. Brown also addressed the allegation that this Program was “anti-student.” She distributed data from their recent sub-area planning workshop. In particular, the University Impacted Area has the highest percentage of population between the ages of 18 and 24. Ms. Brown explained that this Program is totally voluntary. Ms. Brown advised that City staff had been working closely with this organization to create program guidelines that would utilize the authorized City funds to help with program start-up and implementation. Additionally, the City Attorney had prepared a project agreement that outlines the purpose, scope of services, method of payment, matching funds, and the restrictive covenant provisions. Housing Coordinator Vanessa Baker Latimer said that the City’s funds would be a grant to Sustainable Neighborhoods. Homeowners will not receive grants; they will enter into an interest-free loan to be repaid. Ms. Baker Latimer reviewed the Program Guidelines. Council Member Cross asked that a provision requiring an annual financial accounting of the organization be added to the Project Agreement. Council Member Goodhue pointed out that on Page 2, Section III.C., of the Agreement, it stated that the financial assistance provided by the City “shall be a grant to the home buyer, not a loan.”. City Attorney John Klaus explained that it was not the intent of the City to recapture the assistance provided under this Agreement. Council Member Goodhue preferred that the $25,000 from the City be granted to the organization at the time of closing, i.e., Housing for Sustainable Neighborhoods, not to each homeowner on a case-by-case basis. Andrew Tugan said that he took offense to University-Impacted Area being called a “ghetto.” Mr. Tugan believed that most people in this area have pride in their property and maintain it. He felt that the program should not be limited to first-time homeowners; as, in his opinion, age discrimination could be an issue. Mr. Tugan asked for an explanation of the rationale behind the restrictive covenant. Ms. Brown advised that it is to provide balance between rental and owner-occupied housing in this area. Council Member Goodman said that he questioned the City allocating funds to take rental properties and make them unavailable to students in an area densely populated by students. In his opinion, this controls the market and limits housing opportunities for students. Council Member Vegge pointed out that this Program would provide for a mix of student-renters and owner-occupied residents; it would help them interact with each other. Council Member Mahayni advised that Section V., “Discrimination Prohibited,” did not mention religion. He would like to have “religion” included. Ms. Brown said that she would like a provision added to the Project Agreement to state that the City would be paid back if the organization should dissolve. Council Member Cross wanted it clarified that any properties purchased under this Program could not be used as rental units. Moved by Vegge, seconded by Goodhue, to direct staff to clarify various provisions of the Guidelines and Contract, as discussed above, and place same on the agenda for October 12, 2004. Roll Call Vote: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay: Goodman. Motion declared carried. The meeting recessed at 8:55 p.m. and reconvened at 9:00 p.m. Moved by Cross, seconded by Goodhue, to reconsider the action taken on the Housing for Sustainable Neighborhoods project. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR WAIVER OF INFRASTRUCTURE REQUIREMENTS FOR BIRDHAVEN SUBDIVISION: Planning & Housing Director Matt Flynn presented the options available to the City Council on this issue. He pointed out that City staff remained opposed to granting a waiver of the City’s subdivision jurisdiction for this Subdivision. The City Council discussed their perceptions as to whether this request conflicted with the Land Use Policy Plan and/or the Draft Fringe Area Plan. Council Member Cross pointed out that the Land Use Policy Plan and Draft Fringe Area Plan designated the property in question as “Agricultural,” however, it has not been farmed since 1989 and is no longer usable for that purpose. Moved by Wirth, seconded by Mahayni, to deny the request to waive the City’s subdivision jurisdiction and to deny the request to waive the requirements for public infrastructure. Vote on Motion: 3-3. Voting aye: Goodman, Mahayni, Wirth. Voting nay. Cross, Goodhue, Vegge. Mayor Tedesco voted nay to break the tie. Motion failed. Moved by Goodhue, seconded by Cross, to adopt a resolution to defer the requirements for certain public infrastructure improvements only after the City approves a Preliminary Plat, Development Agreement, Final Plat, and Land Use Policy Plan (LUPP) Map Amendment for the proposed Birdhaven Subdivision. Roll Call Vote: 3-3. Voting aye: Cross, Goodhue, Vegge. Voting nay: Goodman, Mahayni, Wirth. Motion failed. RESPONSE TO TONY BORICH LETTER PERTAINING TO AN IMPROVED TRANSIT LINK BETWEEN DOWNTOWN AND CAMPUS AREA: Paul Popelka, 1216 Ridgewood, Ames, explained the request. He is the instructor for the class making this request. Moved by Goodman, seconded by Vegge, to adopt RESOLUTON NO. 04-446 allocating $500 from the City’s Contingency Fund to help fund the Iowa State University Community and Regional Planning study to examine the feasibility of improving public transportation between the Main Street Cultural District, Iowa State’s Central Campus, Welch Avenue, and the Iowa State Center; however, without allocating any staff resources. Roll Call Vote: 4-1-1. Voting aye: Cross, Goodman, Vegge, Wirth. Voting nay: Goodhue. Abstaining: Mahayni. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE MAKING A ZONING TEXT AMENDMENT TO REGULATIONS IN THE “S-SMD” (SOUTH LINCOLN MIXED-USE DISTRICT): Moved by Cross, seconded by Goodhue, to pass on second reading an ordinance making a zoning text amendment to the regulations in the “S-SMD” (South Lincoln Mixed-Use District) pertaining to the maximum width of driveways. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Goodhue, 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 third reading and adopt ORDINANCE NO. 3801 making a zoning text amendment to the regulations in the “S-SMD” (South Lincoln Mixed-Use District) pertaining to the maximum width of driveways. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a part of these minutes. ORDINANCE REVISING THE SPEED LIMIT FOR STANGE ROAD: Moved by Cross, seconded by Goodman, to pass on second reading an ordinance revising the speed limit for Stange Road to refer to Kingston Drive instead of Somerset Drive. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Goodman, 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 Goodman, to pass on third reading and adopt ORDINANCE NO. 3802 revising the speed limit for Stange Road to refer to Kingston Drive instead of Somerset Drive. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a part of these minutes. ORDINANCE ESTABLISHING PARKING REGULATIONS ON MARSHALL AVENUE: Moved by Cross, seconded by Goodhue, to pass on second reading an ordinance establishing parking regulations on Marshall Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING SNOW ROUTES: Moved by Goodhue, seconded by Wirth, to pass on second reading an ordinance revising snow routes. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3803 revising snow routes. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a part of these minutes. ZONING ORDINANCE TEXT AMENDMENT REGARDING A DEMOLITION AND DEVELOPMENT DEFERRAL OVERLAY DISTRICT IN THE UNIVERSITY-IMPACTED AREA (Tabled from 9/14/04): Moved by Goodman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 3798 making a zoning text amendment regarding a Demolition and Development Deferral Overlay District in the University-Impacted Area. Roll Call Vote: 5-1. Voting aye: Cross, Goodman, Mahayni, Vegge, Wirth. Voting Nay: Goodhue. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE AMENDING THE OFFICIAL ZONING MAP (Tabled from 9/14/04): Moved by Goodman, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3799 amending the Official Zoning Map regarding a Demolition and Development Deferral Overlay District in the University-Impacted Area. Roll Call Vote: 5-1. Voting aye: Cross, Goodman, Mahayni, Vegge, Wirth. Voting Nay: Goodhue. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. COMMENTS: City Attorney Klaus explained the changes that he was recommending be made to the Housing for Sustainable Neighborhoods Project Agreement, as follows: 1.Page 2, Section III - METHOD OF PAYMENT. The first line will read,”All payments by the City under this Agreement shall be made by the City to participating “Neighborhoods.” Following the last line in Subsection A., a line will be added to read, “The closing-cost assistance and the down-payment assistance for each such transaction shall be paid by the City to “Neighborhoods.” Subsection C will be stricken in its entirety. 2.Page 2, Section IV - MATCHING FUNDING. The following line will be added, “At the end of the term of this Agreement, “Neighborhoods” shall provide the City with documentation on how “Neighborhoods” has met its obligation for matching funding.” 3.Page 2, Section V - DISCRIMINATION PROHIBITED. The first line will read, “No person shall be excluded from assistance provided under this Agreement on the basis of race, color, creed, national origin, religion, physical handicap, age, sex, or sexual orientation.” Mr. Klaus pointed out that the Housing Coordinator is authorized to make changes to the Program Guidelines. Vanessa Baker Latimer described the changes that would be made to match the revised Project Agreement. Council Member Goodman commented that he thought this was a great endeavor for a private entity; he did not think City money should be used. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-445 approving the Project Agreement pertaining to the Housing for Sustainable Neighborhoods, with the revisions suggested by the City Attorney. Roll Call Vote: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay: Goodman. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Vegge, seconded by Goodhue, to direct the City Clerk to send a letter to Stacie Turnbull regarding her request to place a donation collection box on City property. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Vegge, seconded by Goodhue, to refer to staff the letter dated September 2, 2004, from the Friedrich-Cochrane Development Team. Vote on Motion: 3-3. Voting aye: Cross, Goodhue, Vegge. Voting nay: Goodman, Mahayni, Wirth. Mayor voted nay to break the tie. Motion failed. Council Member Vegge referenced an article appearing on the front page of last Friday’s Ames Tribune. He found the article very distressing. Mr. Vegge stated he believed that the Mayor and City Council members were a very ethical group. He felt that the article could be construed differently; the public could take it in a very negative light. Moved by Goodman, seconded by Cross, to request staff to provide the City Council with a summary of all the pending projects that the City Council has referred to them, the status of those projects, and to direct staff to devise a method to indicate how long those items take and how they affect one another. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Goodhue asked when information would be coming back to the City Council regarding the Community Needs Assessment group, which was referred to staff at a previous meeting. Assistant City Manager Sheila Lundt advised that this issue will be placed on the City Council’s October 12 Agenda. Council Member Wirth referenced an e-mail sent to her and distributed to the Mayor and City Council from Mary Sand, 245 Todd Circle, Ames. She asked Planning and Housing Director Matt Flynn if this information would be presented if and when a request was made to rezone E. 13th Street. Mr. Flynn indicated that the Geographic Information System should be able to pull that information out, and it would be addressed at that time. Mayor Tedesco commented that the article in last Friday’s Ames Tribune was very irresponsible to him. He stated that not only did he feel damaged personally, but felt his colleagues on the City Council were as well. The Mayor advised that the Council members and City staff have always been aboveboard and very honest. He deeply regretted that some doubt may have been cast upon these people due to the article. Mayor Tedesco wanted every citizen to know that none of that information was true to his knowledge. Council Member Mahayni said that a remedy to this possible misinterpretation would be for the person who was quoted in the newspaper to write and request a correction. He indicated that he is proud of his involvement on the City Council and is proud of each of his colleagues and what they do. ADJOURNMENT: 10:15 p.m. ___________________________________ ____________________________________ Diane R. Voss, City Clerk Ted Tedesco, Mayor