HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 02/25/2003MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA FEBRUARY 25, 2003
The Ames City Council met in regular session at 7:00 p.m. on the 25th day of February, 2003, 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, Hoffman, Mahayni, Vegge, and
Wirth. Cross was excused.
CONSENT AGENDA: Moved by Goodhue, seconded by Hoffman, to approve the following items
on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of February 11, 2003, and of the special meeting
of February 13, 2003
3. Motion approving renewal of the following beer permits/liquor licenses:
a. Class C Beer – Almost Always Open, 419 Lincoln Way
b. Class C Beer – Gateway Expresse, 2400 Elwood Drive
c. Class C Beer – Kwik Shop #540, 2700 Lincoln Way
d. Class C Beer – Swift Stop #1, 412 South Duff
4. Motion approving certification of civil service applicants
5. Motion approving the Police Department’s application to the Governor’s Traffic Safety Bureau
Traffic Enforcement Program
6. Motion directing City Attorney to draft an ordinance combining the Mechanical Code Board of
Appeals and the Board of Plumbing Examiners and Appeals
7. RESOLUTION NO. 03-060 accepting the Eric Sealine artwork donation from Betty Toman
8. RESOLUTION NO. 03-061 approving the request to subordinate the second mortgage lien for
the property located at 1819 Third Street, Nevada, Iowa, in connection with the Ames/Story
County Affordable Housing Program
9. RESOLUTION NO. 03-062 approving preliminary plans and specifications for the 2002/03
Collector Street Rehabilitation Program (South Sheldon Avenue and Knapp Street), setting March
19, 2003, as bid due date and March 25, 2003, as date of public hearing
10. RESOLUTION NO. 03-063 accepting completion of the 2002/03 Water System Improvements
Project - Mortensen Road Extension
11. RESOLUTION NO. 03-064 approving Final Minor Plat for PRC Subdivision, 2nd Addition
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: Marcia Brink, Jon Meier, Nancy Brown, Marian Solomon, Rev. Brian Eslinger,
and Bob Rod, all of Ames, and Lynn Brooks and Derrick Grimmer, of Ames/Nevada, stated that
they represented several Ames peace organizations. They asked that the City Council support a
resolution opposing a preemptive attack on Iraq and calling for continued international diplomatic
efforts to resolve the crisis peacefully. Brink also asked that the resolution be forwarded to
President Bush, Colin Powell, Donald Rumsfeld, and our Iowa senators and representatives. She
said that several Iowa cities had already approved or were in the process of approving similar
resolutions. Sample resolutions and a petition signed by about 400 Ames citizens in support of
this position were submitted.
Jerry Gardner, Ames, Iowa, stated that he was in opposition to the previous group. He is also
a citizen of Ames and would not like to be included in the resolution proposed; he supports
President Bush’s effort to get rid of Saddam Hussein.
REQUEST FOR NEW CLASS B BEER PERMIT AND OUTDOOR SERVICE PRIVILEGE
FOR HOMEWOOD GOLF COURSE: Moved by Vegge, seconded by Goodhue, to approve the
request for a new Class B Beer Permit and Outdoor Service Privilege for Homewood Golf
Course, 20th Street and Duff Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST FOR WAIVER OF PARKING REGULATIONS IN THE CENTRAL BUSINESS
DISTRICT FOR MARCH 6, 7, AND 8, 2003: Moved by Goodhue, seconded by Hoffman, to
approve RESOLUTION NO. 03-065 waiving parking regulations in the Central Business District for
March 6, 7, and 8, 2003, in conjunction with the Ames Main Street District’s Art Appreciation Week.
Vote on Motion: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE PROHIBITING SERVING UNLIMITED QUANTITIES OF ALCOHOLIC
BEVERAGES: The mayor invited public input.
Steven Skutnik, 4912 Mortensen Road, Apt. 922; Andrew John Miller, 801 Crawford, Apt. 3;
John Heinik, 307A Westgate-Trice; Lisa Angel, 203A Westgate; and Wendell Mosby, 2713
Lincoln Way, Apt. 9, stated that they did not feel this ordinance would help in solving the
problem. Instead, they felt it should be addressed through better enforcement of dram shop laws
and by focusing on the causes of binge drinking.
Brian Dunn, an employee of the ISU Student Health Center; Terry Mason, ISU Assistant Vice
President for Student Affairs and affiliated with the Student Counseling Service; David Summer,
5216 Campus Drive; Jeri Bog, 827 Hodge Avenue; and Sarah Kellogg, an ISU employee, agreed
that the ordinance alone would do little to curb high-risk drinking, but believed it would be
helpful, if coupled with education, opportunities and funding for alcohol free activities, early
intervention, and support for enforcement.
Councilor Hoffman stated that Iowa is one of only 11 states that does not already have a state-
wide ban on happy hours or drink specials.
Moved by Goodhue, seconded by Vegge, to approve on second reading an ordinance
prohibiting serving unlimited quantities of alcoholic beverages.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE LOWERING SPEED LIMIT ON DAYTON AVENUE FROM 13TH STREET
TO A POINT 1,000 FEET NORTH OF LINCOLN WAY: Moved by Goodhue, seconded by
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Wirth, to approve on second reading an ordinance lowering the speed limit on Dayton Avenue
from 13th Street to a point 1,000 feet north of Lincoln Way.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING REGULATIONS ON COCONINO ROAD AND
MARICOPA DRIVE: Moved by Hoffman, seconded by Wirth, to pass on third reading and
adopt ORDINANCE NO. 3699 revising parking regulations on Coconino Road and Maricopa
Drive
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON KINGSTON DRIVE IN
SOMERSET SUBDIVISION, 12TH ADDITION: Moved by Wirth, seconded by Goodhue, to pass
on third reading and adopt ORDINANCE NO. 3700 establishing parking regulations on Kingston
Drive in Somerset Subdivision, 12th Addition
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ALLOW REMOTE PARKING
IN THE RESIDENTIAL HIGH-DENSITY DISTRICT WITHIN THE UNIVERSITY-
IMPACTED OVERLAY DISTRICT, WITHIN 300' OF THE DOWNTOWN/CAMPUSTOWN
SERVICE CENTER: Moved by Goodhue, seconded by Mahayni, to pass on third reading and adopt
ORDINANCE NO. 3701, making a zoning text amendment to allow remote parking in the Residential
High-Density (RH) District within the University-Impacted Overlay (O-UI) District, within 300 feet
of the Downtown/Campustown Service Center (DCSC).
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
APPROVING GSB REPRESENTATIVE AS EX-OFFICIO MEMBER OF CITY COUNCIL:
Moved by Wirth, seconded by Mahayni, to approve RESOLUTION NO. 03-066 including the
President of the ISU Government of the Student Body or his/her designee as an ex-officio member
of the City Council.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
STAFF REPORT ON OVER-OCCUPANCY MEDIATION: Brian O’Connell, Director of the
Department of Planning and Housing, thanked everyone who had been involved in the mediation
process. He said that while they had all hoped to be able to present a solution to the over-
occupancy problem to the council, it ultimately became clear that the groups simply disagreed and
they were unable to arrive at consensus.
O'Connell explained the density changes brought about by the adoption of the new zoning map in
2000 and the Rental Housing Code in 2001, and compared what is now allowed with what was
previously allowed in the RL or UCRM zoned areas. He also explained that the factors used to
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determine occupancy limits were changed in order to make enforcement easier. City Manager
Steve Schainker identified four categories of properties that were affected by the downzoning and
policy changes, and pointed out that the City could only verify the previous number of occupants
in one category.
O'Connell outlined three approaches the Council might consider:
• retaining the current law;
• grandfathering some or all properties;
• adjusting occupancy limits on a case-by case basis through a Special Use Permit process.
Frank Trumpy, 301 Franklin Avenue; Fern Kupfer, 2320 Knapp Street; Joe Rippetoe, 419 Pearson
Avenue; and Sharon Guber, 125 State Street, advocated continued enforcement and no change to
the existing laws. They felt the current law is clear, unambiguous, easy to follow, easy for
inspectors to verify and, where it has been enforced, it has improved their neighborhoods. They
argued that grandfathering or granting Special Use Permits would only perpetuate inconsistency
and confusion.
Mary and Al Warren, both of 3121 Maplewood Road; Joe Paulson, 3213 West Street; Jim
Gunning, 119 Hickory Drive; Brent Harpenau, 129 State Street; T. J. Schneider, 2917 West
Street, Apt. 7; William Walling, 616 Billy Sunday Road, Apt. 103; Dan Kline, 232 South Walnut
#13; and Andrew John Miller, 801 Crawford, Apt. 3; all cited reasons for believing that the
current code and the way it is being implemented should be changed. They pointed out that:
grandfathering of properties affected by downzoning was originally promised but not codified;
economic hardships have been created for landlords as well as students; four students in a four-
bedroom house does not seem excessive; the true problems are noise, traffic, illegal parking, litter
and parties rather than over-occupancy; students have no easy way to know occupancy limits; and
those found in violation are not being allowed time to rectify illegal situations. Al Warren
testified that many students are so angry over the situation that they can’t wait to leave.
Chuck Winkleblack, 3206 Magnolia Circle, stated that there is uncertainty about what the code
says and what it means, and added that it seemed to him incongruous for single-family houses or
duplexes to have different occupancy standards than apartments in the RM zone.
Dilys Morris, 535 Forest Glenn, said that residents in neighborhoods surrounding the university
want to prevent single dwellings from being turned into rentals because the value of the property
drops when that happens. She said that whatever the Council does needs to be as clear as
possible and well-communicated.
Moved by Goodhue, seconded by Vegge, that the eight properties affected by down zoning
from R-3 or R-4 to UCRM or RL, and which the City can verify were previously rented to
a family and up to two roomers, be grandfathered in for 36 additional months, unless there
is a change in use or the property is sold to someone else in the meantime.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Goodhue, to request a staff report detailing options
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available to the City for suspending fines under conditions for people who have been
convicted of over-occupancy violations, with the understanding that a sunset clause would
be included.
Vote on Motion: 3-2 (Goodhue, Mahayni, and Vegge voting aye; Hoffman and Wirth voting
no). Motion declared carried.
Moved by Mahayni, seconded by Wirth, for staff to report back on options available to the
City for implementing some means by which to effectively apprise people of the occupancy
limits of rental units.
Vote on Motion: 5-0. Motion declared carried unanimously.
The meeting recessed at 10:15 p.m. and reconvened at 10:23 p.m.
DUFF AVENUE/UNION PACIFIC RAILROAD CROSSING STUDY: Paul Wiegand, Director
of the Department of Public Works, introduced Mike Gorman, of HWS Consulting Group of
Omaha, Nebraska, who presented the findings of the railroad crossing study. Gorman explained
how the study had been conducted and summarized the four top alternatives for crossing
improvements. He said that the community-based Issues Committee recommended the “No Build”
option. Their reasons included: concern about the adverse impact to downtown businesses;
disruption of traffic during the construction period; a preference for waiting to see if an extension
to Grand Avenue would make any significant reductions in accidents and congestion; and cost.
Gorman said the recommendation of the consultants and City Staff was for the underpass option
(also called Alternative 2C), because it was the only way to address the public safety and delay
problems and was the only alternative lending itself to streetscape improvements which could
enhance downtown and help sustain it in the long run. Alternative 2C also had the best
cost/benefit ratio and was an ideal project for Federal “Earmark” Funds, which would cover
80% of the cost of the project. He recommended that the City apply for those funds, with the idea
that if they could not be secured, the City would proceed with the “No Build”option.
Moved by Goodhue, seconded by Vegge, to accept the draft study and direct staff to finalize
the report based on Alternative 1, the “Do Nothing” option, as recommended by the Issues
Committee.
Vote on Motion: 5-0. Motion declared carried unanimously.
STAFF REPORT ON SOMERSET CONVENIENCE STORE ISSUE: Moved by Wirth, seconded
by Goodhue to accept the Staff Report on the Somerset convenience store issue.
Vote on Motion: 5-0. Motion declared carried unanimously.
WAIVER OF SUBDIVISION REGULATIONS FOR PARCELS OF LAND LOCATED
ALONG THE SKUNK RIVER GREENBELT: Moved by Wirth, seconded by Hoffman, to adopt
RESOLUTION NO. 03-067 waiving the Ames City Council's subdivision authority and to
approve the creation of eight (8) parcels of land to be purchased by the Story County
Conservation Board located northeast of Ames along the Skunk River Greenbelt, within the two-
mile jurisdiction area outside the City's corporate limits in Story County.
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Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REALLOCATION OF CAPITAL IMPROVEMENTS PROJECTS FUNDING FOR FY
2002/03: Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-068 approving
the reallocation of $149,540 Parks and Recreation Capital Improvement Project savings for
funding additional projects for FY 2002/03.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON 2003/04 ARTERIAL STREET REHABILITATION PROGRAM (LINCOLN
WAY FROM BEACH AVENUE TO SQUAW CREEK BRIDGE): Mayor Tedesco opened the
public hearing. No one wished to speak, and the hearing was closed.
Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 03-069 approving final
plans and specifications and awarding the contract to Allied Construction of Charles City, Iowa,
in the amount of $1,093,781.42
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON DIRECT DIGITAL CONTROLS RENOVATION AT THE TECHNICAL
SERVICES COMPLEX: Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION
NO. 03-070 approving final plans and specifications and awarding contract to Baker Group of
Des Moines, Iowa, in the amount of $52,594.00
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS AND FUTURE AGENDA ITEMS: Moved by Goodhue, seconded by Mahayni, to
refer to staff a letter received from Joyce Durlam and Beth Cross on behalf of the Ames Main
Street District.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to place consideration of the designation of parking
spaces in Parking Lot TT on an agenda as soon as possible, as requested in the petition that had
been submitted.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Vegge, to direct the Mayor to write a brief letter of thanks, on
behalf of the City, to Teresa Garmon for her years of service in the Iowa Legislature.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Wirth to direct the Mayor to write a letter stating the City had received the request for
a resolution opposing war in Iraq and to forward the anti-war petition to the appropriate officials.
Motion failed for lack of a second.
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Moved by Mahayni, seconded by Hoffman, to add a resolution opposing war in Iraq on the March
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Vote on Motion: 2-3 (Hoffman and Mahayni voting aye; Goodhue, Vegge and Wirth voting no).
Motion declared failed.
ADJOURNMENT: 11:08 p.m.
Diane Voss, City Clerk
Karen Thompson, Recording Secretary
Ted Tedesco, Mayor
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