HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/12/2004 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 12, 2004
The Ames City Council met in regular session at 7:07 p.m. on the 12th day of October, 2004, in the
City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem
Goodhue presiding and the following Council members present: Goodman, Mahayni, and Wirth.
Andrew Tugan, ex officio member, was also present. Mayor Tedesco and Council Members Cross and
Vegge were absent.
PROCLAMATION FOR CHARACTER COUNTS WEEK: Mayor Pro Tem Goodhue proclaimed
the week of October 17 - 23, 2004, as Character Counts Week. Frankee Oleson, Executive Director
of the United Way of Story County, accepted the Proclamation.
Mayor Pro Tem Goodhue announced that the bid due date under Item #16,which pertained to the Ames
Water Plant Bulk Water Station, should be October 29, 2004.
Moved by Goodman, seconded by Mahayni, to pull for separate discussion Item #17, i.e., the
approval/denial of Change Order No. 1 for the Mortensen Road Sanitary Sewer Extension Project.
Vote on Motion: 4-0. Motion declared carried unanimously.
CONSENT AGENDA: Moved by Mahayni, 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 28, 2004
3. Motion approving renewal of the following liquor license:
a. Special Class C Liquor - Hunan Palace, 823 Wheeler, Suite 1
4. Motion approving/denying application for Class C Liquor license for Reign, 2522 Chamberlain
Street, pending certificate of occupancy
5. Motion directing City Attorney to draft ordinance revising parking regulations on Stange Road and
Northridge Parkway
6. Motion directing City Attorney to draft ordinance designating Stange Road as a through street
7. Motion directing City Attorney to draft ordinance designating new parking lot at Fifth and Grand
as Parking Lot MM and prohibiting parking in the lot from 3:00 a.m. to 6:00 a.m.
8. RESOLUTION NO. 04-448 approving City's Investment Report for quarter ending September 30,
2004
9. RESOLUTION NO. 04-449 approving a Traffic Safety Improvement Program (TSIP) Grant
Application for West Lincoln Way Intersection Improvements (Franklin Avenue/Lincoln Way)
10. RESOLUTION NO. 04-450 approving a Traffic Safety Improvement Program (TSIP) Grant
Application for 2005/06 Traffic Signal Program (Main Street/Duff Avenue)
11. RESOLUTION NO. 04-451 approving a Traffic Safety Improvement Program (TSIP) Grant
Application for driver feedback signs (Bloomington Road/Valley View Drive)
12. RESOLUTION NO. 04-452 approving a Traffic Safety Improvement Program (TSIP) Grant
Application for traffic signal brochure
13. RESOLUTION NO. 04-453 approving Engineering Services Agreement for the Water Distribution
System Update Study
14. RESOLUTION NO. 04-454 approving preliminary plans and specifications for the 2003/04 Storm
Sewer Outlet Erosion Control Program (Westbend Drive); setting November 3, 2004, as bid due date
and November 9, 2004, as date of public hearing
15. RESOLUTION NO. 04-455 approving preliminary plans and specifications for Ames Water Plant
Bulk Water Station; setting October 29, 2004, as bid due date and November 9, 2004, as date of
public hearing
16. RESOLUTION NO. 04-457 accepting completion of Skunk River Recreational Trail–Carr Pool
North to Inis Grove Park
17. RESOLUTION NO. 04-458 approving Minor Final Plat for Link Subdivision
18. Aspen Ridge Subdivision:
a. RESOLUTION NO. 04-459 approving partial completion of public improvements
b. RESOLUTION NO. 04-460 approving Major Final Plat for Aspen Ridge Subdivision
19. Northridge Heights Subdivision, 8th Addition:
a. RESOLUTION NO. 04-461 approving partial completion of public improvements
b. RESOLUTION NO. 04-462 approving Major Final Plat for Northridge Heights Subdivision,
8th Addition
20. Longview Subdivision, 3rd Addition:
a. RESOLUTION NO. 04-463 approving partial completion of public improvements
b. RESOLUTION NO. 04-464 approving Major Final Plat for Longview Subdivision, 3rd
Addition
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CHANGE ORDER NO. 1 FOR THE MORTENSEN ROAD SANITARY SEWER EXTENSION
PROJECT: City Manager Steve Schainker explained that the City had already competitively bid the
contract for constructing a sanitary sewer extension along Mortensen Road, which crosses the Ames
School District’s property on which the new Middle School building is being constructed. He said
that the School District needs to provide sanitary sewer services to the Middle School building and
desired to hook-up the Middle School building to the City’s sanitary sewer extension. This would
provide a substantial cost savings to the School District. City Attorney John Klaus explained that,
in accordance with Iowa Code Section 73A.2, this type of 28E Agreement is legal. He pointed out
that a public hearing had been held by the School District.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 04-456 approving
Change Order No. 1 for the Mortensen Road Sanitary Sewer Extension Project.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: Susan Franzen, 1216 Scott Avenue, Ames, presented data from the market study
for the proposed Wolford Mall and the Jordan Creek Mall. She was concerned that the
estimated sales listed for the Wolford Mall were listed at $327,000,000 while the Jordan Mall
sales were estimated at $300,000. This amounted to $4,000 per person within a ten-mile radius
of Ames. Ms. Franzen wanted this brought back to the attention of the City Council.
Merlin Pfannkuch, 1424 Kellogg Ames, spoke briefly about the proposed mall issue. He
pointed out that retail nationally is overbuilt; new retail construction often leads to abandoned
malls. Mr. Pfannkuch reminded the City Council that the Ames Smart Growth group had
presented the City Council with a list of questions, including, but not limited to, the question
of what impact the proposed mall would have on Ames; however, those questions have gone
unanswered. Mr. Pfannkuch said that he did not understand why Mr. Wolford is still pursuing
this issue. Referencing the monies put into the Downtown, Campustown, and Depot projects,
Mr. Pfannkuch stated that he was concerned about what Ames’ retail will look like in 20 years.
He requested that, as information is being assembled on the proposed mall issue, it be made
available to the public.
Pam Sargent, 2129 Stevenson Drive, Ames, stated that she was here tonight because she is still
fighting the proposed new mall. She stated that after attending an Ames Vision Committee
meeting, she was very impressed with their suggestions on ways to make Ames more attractive;
however, not once was a retail center mentioned. Ms. Sargent advised that she had just visited
a mall in Cedar Rapids, which had many empty stores. She stated her belief that a mall on E.
13th Street would be the worst decision the City of Ames would ever make and would mirror
that mall in Cedar Rapids.
Mary Sand, 245 Todd Circle, Ames, spoke about the Regional Commercial area depicted in the
Land Use Policy Plan (LUPP). She felt that any mall located along the interstate will affect not
only Ames, but other communities. Ms. Sand said that the placement of the Regional
Commercial area was not discussed before the LUPP was finalized. She urged the City to hold
public discussion on the Regional Commercial portion of the LUPP before any further
discussions proceed.
Jack Troeger, 1009 - 16th Street, Ames, used the Mount St. Helen volcano as a metaphor to
depict his opinion that there is a volcano brewing underneath the City of Ames due to Ames
citizens being discontented over several decisions made by the Mayor and City Council. He
named three things that have occurred in Ames that have brought about reactions from citizens
of Ames: (1) Worle Creek issue, (2) sidewalks, and (3) Mr. Wolford’s mall. Mr. Troeger
pointed out that it is better to prevent the pressure that’s happening underneath the surface
because it damages all citizens. He said that he understood the value of growth and asked the
Mayor and City Council to carefully study both sides of the mall issue.
Jo Etzel, 2912 Wood Street, Ames, asked the City to incorporate a “free speech easement”
and/or public streets into any development that occurs at the 13th Street Gateway Overlay area.
She felt that it was very important that public spaces be preserved for people to freely meet.
Ms. Etzel said she hoped that the overlay zone for 13th Street did not move forward; however,
if it did, she urged that an area be set aside for a “free speech zone.”
Holly Fuchs, 806 Brookridge Avenue, Ames, advised that there were suggestions made by
members of the Focus Groups for the E. 13th Street Overlay District that were omitted from the
first draft of the Design Standards dated September 27, 2004, because they were not considered
appropriate for Design Guidelines. These included: (1) Local retailers interested in leasing space
at a mall in this development cannot be required to lease space in other malls. (2) Service by
public transportation, e.g., CyRide, must be provided. (3) All developments should offer
exterior and interior public spaces appropriate for public gatherings, open air markets, seasonal
events, carts and kiosks, and other year-round activities. (4) Public space for purposes of free
speech and expression should be set aside in the development through public right-of-way or
easement, or, alternatively, a free speech easement be established for the outdoor gathering
areas, sidewalks, and roadways. (5) Developers must be bonded to cover mitigation costs for
any damage to Ketelsen Marsh due to changes in hydrology, to the effect of light on the biology
of the Marsh, or to other causes attributable to the environment. (6) Access must be limited east
of Interstate 35 on 13th Street to 570th Avenue.
Frankee Oleson, 303 Welch Avenue, Ames, gave an update on the United Way of Story County
fund-raising campaign. She advised that they were at 30% of the $1,140,000 goal.
Erv Luedders, 3001 Regency Court, Ames, advised that there are many people who walk at
North Grand Mall. This would be a problem for many who are now able to walk to the present
Mall to shop or go to the movies and those who walk inside the Mall for exercise.
HEARING ON COMBUSTION TURBINE GENERATOR PROJECT, CONTRACT NO. 4 -
DEMINERALIZED WATER STORAGE TANK: The public hearing was opened by Mayor Pro
Tem Goodhue. There being no one wishing to speak, the hearing was closed.
Moved by Goodman, seconded by Wirth, to adopt RESOLUTION NO. 04-465 approving final
plans and specifications and awarding a contract to Brown Minneapolis Tank Co., of
Albuquerque, New Mexico, in the amount of $286,427.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON 2004/05 CLEAR WATER DIVERSION PROGRAM: Mayor Pro Tem Goodhue
opened the hearing and closed same after no one wished to speak.
Moved by Wirth, seconded by Mahayni, to adopt RESOLUTION NO. 04-466 approving final
plans and specifications and awarding a contract to Synergy Contracting, LLC, of Ankeny, Iowa,
in the amount of $86,179.95.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
DISCUSSION ON ESTABLISHING “QUIET ZONES” AT RAILROAD CROSSINGS: Paul
Berge, 4015 Toronto Street, Ames, indicated that he was the author of the letter requesting the
establishment of “quiet zones” along the Union Pacific railroad in West Ames. Property owners
indicated that the on-train horns are so loud that they interfere with the enjoyment of their property.
Moved by Mahayni, seconded by Wirth, to direct staff to utilize the strength of the federal
regulations, and once the rules are finalized, to work with the Union Pacific and area residents to
actively enforce the quiet zone rules, including completion of monitoring work to determine
compliance with the use of the wayside horns versus the on-train horns.
Vote on Motion: 4-0. Motion declared carried unanimously.
REQUEST FOR FUNDING OF A COMMUNITY NEEDS ASSESSMENT: Assistant City
Manager Sheila Lundt pointed out that approximately 530 surveys are sent out as part of the City’s
Resident Satisfaction Survey. This Community Health and Quality Life Survey would be more
far-reaching; it would include Story County, not just Ames. Ms. Lundt said that this Survey would
be a telephone survey and would include four focus groups: service providers, physicians, county-
wide business leaders, community leaders from around the County. Andrew Tugan asked which
group under which students would fall. Ms. Lundt advised that the City Council would need to
specifically request that students be added. Andrew Tugan advised that he was concerned over the
length of the survey to be done telephonically; there is the potential of 143 questions being asked
of the respondents.
Frankee Oleson advised that this Community Needs Assessment was a County-wide survey that
is done every three to four years. She stated that in 2001, this Assessment was a mail survey,
however, they did not feel that it was as useful as it could have been, and they felt that a telephonic
survey would identify more unmet needs.
Council Member Mahayni said he felt that the Community Needs Assessment would help measure
the unmet needs of the area. He believed that this Assessment would be quite helpful in
determining the needs not being met through ASSET funders.
Moved by Wirth, seconded by Goodman, to adopt RESOLUTION NO. 04-467 contributing $3,000
of unallocated ASSET Local Option Tax dollars to the “2004 Community Health and Quality of
Life Assessment.”
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
LINCOLN WAY TRUCK LOADING ZONE: Moved by Mahayni, seconded by Wirth, to pass on
first reading an ordinance revising the Lincoln Way truck loading zone.
Roll Call Vote: 4-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Mahayni, to adopt RESOLUTION NO. 04-468 revising the Official
Parking Meter Map.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE REVISING PARKING REGULATIONS ON HOOVER AVENUE: Moved by
Goodman, seconded by Wirth, to pass on first reading an ordinance revising parking regulations
on Hoover Avenue.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON MARSHALL AVENUE:
Moved by Wirth, seconded by Mahayni, to pass on third reading ORDINANCE NO. 3804
establishing parking regulations on Marshall Avenue.
Roll Call Vote: 4-0. Ordinance declared carried adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
COMMENTS: Moved by Goodman, seconded by Mahayni, to refer to staff the letter from Frankee
Oleson on behalf of the United Way of Story County.
Vote on Motion: 4-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Wirth, to direct the Public Works staff to assemble a list of
suggestions to address the concerns mentioned by Jay Maxwell regarding risks to bicyclists and
pedestrians on the bike path near the Skate Park due to drop-offs and turn-around traffic.
Vote on Motion: 4-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Goodman, to direct staff to review the utilization of parking meters
along the 600 Block of Burnett.
Vote on Motion: 4-0. Motion declared carried unanimously.
CLOSED SESSION: Moved by Mahayni, seconded by Wirth, to hold a closed session as provided
by Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy.
Vote on Motion: 4-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Goodman, to reconvene the regular meeting.
Vote on Motion: 4-0. Motion declared carried unanimously.
ADJOURNMENT: 8:32 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor