HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/04/2003 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 4, 2003
The Ames City Council met in regular session at 7:00 p.m. on the 4th day of March, 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: Cross, Goodhue, Mahayni, Vegge, and Wirth.
Council Member Hoffman was absent.
Mayor Tedesco brought the Council’s attention to two items that had been placed around the dais:
a copy of the Property Maintenance Ordinance from Boulder, Colorado, and the proposal from the
Iowa League of Cities for funding economic development in the state.
PROCLAMATION: Mayor Tedesco proclaimed the month of March 2003 as Good Neighbor
Emergency Assistance Month. Accepting the proclamation was Scott Walker.
CONSENT AGENDA: Moved by Wirth, seconded by Cross, to approve the following items on the
Consent Agenda:
1. Motion approving payment of claims
2. Motion approving renewal of the following beer permits/liquor licenses:
a. Class C Liquor - Twentieth Century Bowling, 505 South Duff
b. Class BW Liquor - Pizza Kitchens, 120 Hayward
c. Class C Beer - Swift Stop #4, 1118 S. Duff
d. Class C Beer - Swift Stop #5, 3218 Orion
3. Motion to delete Duff Avenue Underpass Project from 2003/08 Capital Improvements Plan
4. RESOLUTION NO. 03-071 approving appointments to City’s Boards and Commissions
5. RESOLUTION NO. 03-072 approving Collection Services and Fee Agreement for inactive
utility accounts
6. RESOLUTION NO. 03-073 approving plans and specifications for Ada Hayden Park
Construction; setting April 2, 2003, as bid due date and April 22, 2003, as date of public
hearing
7. RESOLUTION NO. 03-074 approving contract and bond for DDC Controls Renovation for
Technical Services Complex
8. RESOLUTION NO. 03-075 accepting completion of the State and Mortensen Pump Station
9. Dayton Park Subdivision, 4th Addition:
a. RESOLUTION NO. 03-076 approving partial completion of public improvements
b. RESOLUTION NO. 03-076A approving Final Major Plat
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
2003 GREEK WEEK OLYMPICS: Moved by Cross, seconded by Vegge, to adopt
RESOLUTION NO. 03-077 approving street closures along the “Sorority Circle,” including
Greeley Street (Gray Avenue to Pearson Avenue), Pearson Avenue (Ash
Avenue to Greeley Street), Gray Avenue (Greeley Street to Sunset Drive),
and Sunset Drive (Ash Avenue to Gray Avenue); for 2003 Greek Week
Olympics, with the following stipulations: (1) No alcohol be served or
consumed on streets or other public property during the events. (2) Greek
Week organizers inform affected residents about the street closures/parking
restrictions. (3) Greek Week organizers secure any necessary noise permits
in advance for these events.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
URBAN REVITALIZATION ASSISTANCE FOR PARKING RAMPS: Brian O’Connell,
Director of Planning and Housing, explained that the City Council had received a letter from
Ev Cochrane & Associates requesting that the City review its policies with respect to
multiple-family development with parking structures in the Residential High Density zones
of the University-Impacted Area. The Council was also asked to investigate methods of
utilizing the Urban Revitalization Tax Abatement program as an incentive to accomplish the
construction of structured parking in that area of the City. Mr. O’Connell gave a
chronological summary of discussions that had been held. He explained that the recent
zoning text amendment allows a parking ramp to be located in the RH Zoning District as
long as it is within 300 feet of a mixed-use project in the DCSC Zoning District. It was
pointed out that an idea from City Council was generated, at their February 11, 2003,
meeting that involved the investigation into the feasibility of including public parking as part
of the construction of a parking ramp instead of linking the parking ramp construction with
the development of a mixed-use project.
Mr. O’Connell advised that the adopted Urban Revitalization Criteria Matrix does not
provide for a tax abatement for the development of a parking ramp without accomplishing
some other stated goal. He said that staff analyzed the financial implications related to the
construction of structured parking, and it is clear that the cost of structured parking is very
high and the ability to pay for the cost of parking spaces in a structure based on parking
space rent alone is not feasible. Mr. O’Connell stated that the justification for providing tax
abatement for parking ramp construction could be that the construction of a parking ramp
will simply increase the supply of parking spaces in an area of the City where intensification
of land use is anticipated. He explained that by allowing the tax abatement for the
construction of parking ramps in the Residential High Density Zone within 300 feet of a
DCSC Zone, the demand on public parking in parking lots and on-street parking could be
lessened as more private parking would be available.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-082 adding new
criteria to the Urban Revitalization Multiple-Family Criteria Matrix, to be applicable only
in the University-Impacted Area that is zoned RH and is within 300 feet of a mixed-use
project in the DCSC District, to read as follows: “Properties where a parking ramp has been
constructed meeting the following standards: (1) The parking ramp is constructed as an
accessory use to a new or existing apartment dwelling. (2) The parking ramp provides, at a
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minimum, 50% more parking spaces than is required for the apartment dwelling on the
property where the ramp is located and the mixed-use project for which the ramp is
constructed as a result of the remote parking agreement, as provided for in Section
29.406(18) of the Municipal Code.”
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ZONING ORDINANCE TEXT AMENDMENT TO ALLOW MODEL HOMES/SALES
OFFICES AS A PERMITTED USE WITHIN RESIDENTIAL DISTRICTS: City Manager
Steve Schainker explained the proposed changes to the Zoning Ordinance, as agreed upon
by staff and the Ames Home Builders Association, that would allow model homes/sales
offices to be located in new residential developments, i.e., (1) Only two model homes/sales
offices would be permitted per Final Plat. No more than four model homes/sales offices
would be permitted within the entire area of the Preliminary Plat. (2) Model homes/sales
offices would be allowed to operate for 18 months from the date of the issuance of the
Certificate of Occupancy from the Building Inspections Department. (3) Hours of operation
would be Noon to 7:00 p.m. on Monday thru Friday and Noon to 9:00 p.m. on Saturday and
Sunday. (4) A total of three signs, not to exceed two feet by three feet in size, identifying the
builder, realtor, and hours of operation only would be permitted; no additional signs or flags
will be permitted. (5) No additional lighting than would normally be installed with a
residential dwelling unit (i.e., landscaping and decorative) will be permitted. (6) Normal
garage doors are required (no pedestrian doors, no windows other than what is typically
found on garage doors, etc.). Mr. O’Connell advised that the Planning & Zoning
Commission had reviewed this proposed text amendment and recommended that it be
approved with the stipulation that the City Council solicit citizen input from residents of
newly developing subdivisions that might be impacted as to the appropriateness of the law
prior to final enactment of the proposed change.
Moved by Cross, seconded by Mahayni, to direct staff to prepare a text amendment to the
Zoning Ordinance to allow model homes/sales offices as a permitted use within residential
districts, with the stipulation that input from homeowner’s associations, neighborhood
associations, and residents in general be solicited prior to enactment of the ordinance.
Vote on Motion: 5-0. Motion declared carried unanimously.
SUSPENSION OF FINES FOR OVER-OCCUPANCY VIOLATIONS: Assistant City Attorney
Judy Parks advised that out of the initial 47 municipal infractions that have been filed for
over-occupancy violations, 14 are pending with court dates between now and the end of
March 2003. She stated that 25 additional violations have been filed, and there are 20
complaints currently being investigated. Jeff Pearson, Building Official, said that five more
complaints came in this week. Ms. Parks advised that suspension or deferment of civil
penalties is authorized under State Code, which provides that a court, when judgment has
been entered, may impose a civil penalty and then direct that the payment of the civil penalty
be suspended or deferred under conditions imposed by the court. She explained that the
Court could place the defendant on probation, and if the defendant obeyed all laws for the
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period of probation, no fine would be imposed. Ms. Parks pointed out that suspension of the
fine does provide an incentive for continued compliance. City Attorney John Klaus advised
that the Judge has not indicated that he would be willing to suspend fines; however, the City
could request the suspension of the penalty.
Mr. Klaus described the advantages and disadvantages of suspending the fine. He told the
Council that if they decide to suspend the civil penalties imposed on persons for over-
occupancy violations, they will have to determine who is deserving of a recommendation of
a suspension and whether suspensions should be allowed retroactively or only prospectively
and for how long it will be an option. Mr. Klaus also suggested that the City consider an
outside agency to monitor the terms of the suspension. Ms. Parks explained that there would
be no additional costs to the City for the third-party supervision.
Council Member Mahayni said that he believes it is the City’s intent to make sure the
ordinance is implemented and enforced. He pointed out that providing for the suspension of
the penalties until a certain date, e.g., July 31, 2003, would allow for adequate notice to be
given to tenants and landlords.
Moved by Cross, seconded by Mahayni, to direct the City Attorney to advise the District
Court of the City’s willingness to accept suspended sentences for tenants charged with over-
occupancy violations subject to certain stipulations, including proof of compliance and
outside supervision; such sentences to end on July 31, 2003.
Vote on Motion: 5-0. Motion declared carried unanimously.
REPORT ON MEANS BY WHICH TO APPRISE PEOPLE OF OCCUPANCY LIMITS: John
Klaus reminded the Council that at their last meeting, there was discussion of what the City
could do to ensure that landlords and tenants have documented notice as to the occupancy
limits for a dwelling. He indicated that there are many regulations that could be put in place
for that purpose; however, one that conflicts with state law would be to mandate a written
lease that states the occupancy limits as a term of the lease. Mr. Klaus stated that the City
cannot prescribe the terms of the lease, which would be a “civil relationship,” but could
enact an ordinance to prescribe what information is to be exchanged between the landlord
and tenant(s) and the required means of documenting that exchange of information.
Mr. Klaus suggested that the City work through the University’s Office of Student Affairs,
possibly putting a “warning” in the orientation materials. Mayor Tedesco suggested that all
landlords in the City be sent notification again as to the occupancy limits. Jeff Pearson
informed the Council that the City will be mailing annual billings to all landlords on April
1, 2003, so if additional notification is to be made to the landlords, that notification could
be included with the billing. Mr. Schainker indicated that the City has been criticized for not
notifying the tenants about the occupancy limits. Council Member Goodhue suggested that
the tenants sign an Addendum indicating that they are aware of the occupancy limits.
Council Member Wirth believes that posting the occupancy limits in the rental unit is
necessary. Mr. Klaus indicated that calculations as to the number of occupants allowed in
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each unit are complex and difficult to condense into a paragraph to be on a posting. He again
suggested that a simple warning to check occupancy limits be included with the orientation
materials sent to incoming students by Iowa State University. The Mayor pointed out that
all new Iowa State University students currently receive a letter from him, and he suggested
that a paragraph be added to that letter indicating that occupancy regulations should be
checked before leases are signed.
Council Member Mahayni suggested that a link from the Municipal Code directly to the
Rental Housing section be added to the City’s web site.
Moved by Cross, seconded by Mahayni, directing that notification to the landlords be
included with the annual billing by the Inspections Division and directing the Mayor and the
City Attorney to work with the Office of the Vice-President of Admissions at ISU to include
a paragraph in the “welcome” letter to new students that recommends checking occupancy
limits before entering into a lease.
Vote on Motion: 5-0. Motion declared carried unanimously.
RESERVED PARKING SPACES IN DEPOT LOT TT: Moved by Goodhue, seconded by
Wirth, to adopt RESOLUTION NO. 03-078 rescinding Resolution No. 02-594 pertaining
to designating reserved parking spaces in Depot Lot TT.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Council Member Cross expressed his concern that this does not solve the lack of parking that
exists in the west end of the Downtown. He encouraged City staff to discuss this with
business and property owners in the West Main Street area to understand their need for
additional parking and if it is their desire to pay for rental spaces and/or create a parking lot
where the three City-owned properties are located near Grand Avenue to be rented to
business owners.
Moved by Cross, seconded by Vegge, to direct City staff to assess the financial feasibility
of utilizing the land that the City owns on the north side of Fifth Street, east of Grand
Avenue, for potential rental parking.
Vote on Motion: 5-0. Motion declared carried unanimously.
STORM WATER MANAGEMENT PROGRAM: Director of Public Works Paul Wiegand
explained that by or on March 10, 2003, cities that have populations less than 100,000 and
population densities of 1,000 person/acre are required to submit a permit application
outlining a program to meet the EPA regulations. He advised the six minimum Control
Measures that must be addressed. Mr. Wiegand summarized the Stormwater Management
Plan. He stated that some members of the Advisory Committee do not feel that the Plan goes
far enough to protect and enhance the stormwater quality in the community. Staff does not
disagree that the proposal is a bare-bones program set only to meet the regulations; however,
nothing prevents the community from going beyond the Permit elements. Mr. Wiegand
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pointed out that additional work with groups, such as Iowa State University, the Squaw
Creek Coalition, the Chamber of Commerce, and others can be done to enhance the Permit
program to other elements that will go beyond the minimum requirements.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-079 accepting the
Stormwater Management Plan and authorizing the Mayor to sign the DNR Phase II
Stormwater Permit Application.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON ADOPTION OF 2003/04 BUDGET: Mayor Tedesco declared the hearing open.
There being no one wishing to speak, the hearing was closed.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 03-080 approving
the 2003/04 Budget.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON FINAL AMENDMENTS TO FISCAL YEAR 2002/03 BUDGET: The hearing
was opened by Mayor Tedesco. No one wished to speak, and he closed the hearing.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-081 amending the
budget for the current fiscal year ending June 30, 2003.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE COMBINING PLUMBING AND MECHANICAL BOARDS: Moved by Wirth,
seconded by Cross, to pass on first reading an ordinance combining the Plumbing Code
Board of Appeals and Mechanical Code Board.
Vote on Motion: 5-0. Motion declared carried unanimously.
RESIDENTIAL MAINTENANCE ORDINANCE: John Klaus gave the history behind the
proposed property maintenance regulation in the form to which it has evolved since its
beginning in April 2002.
Rob Wiese, 2318 Ferndale, Ames, pointed out that a landlord does not have the right to
remove property of the tenant. He felt that this may prove problematic if the tenant places
upholstered furniture on an open porch, yet the City cites the landlord and the tenants.
Moved by Wirth, seconded by Mahayni, to pass on first reading the Residential Property
Maintenance Ordinance.
Moved by Vegge, seconded by Mahayni, to amend the motion to allow placement of
upholstered furniture on a rear porch.
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Vote on Motion: 1-4. Voting aye: Vegge. Voting nay: Cross, Goodhue, Mahayni, Wirth.
Amendment failed.
Vote on Original Motion: 4-1. Voting aye: Cross, Mahayni, Vegge, Wirth. Voting nay:
Goodhue. Motion declared carried.
ORDINANCE PROHIBITING SERVING UNLIMITED QUANTITIES OF ALCOHOLIC
BEVERAGES: Moved by Cross, seconded by Wirth, to pass on third reading and adopt
ORDINANCE NO. 3702 prohibiting serving unlimited quantities of alcoholic beverages.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
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
Cross, to pass on third reading and adopt ORDINANCE NO. 3703 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. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
COMMENTS: Mayor Tedesco announced that the appointment of the ex-officio member of the
Government of the Student Body (GSB) to the City Council will be on the Council’s March
25th agenda. T. J. Schneider, 2002/03 GSB President, advised that the GSB will be
recommending that Michael Banasiak be appointed as the GSB representative to serve as the
ex-officio member to the City Council, to serve until the new GSB President nominates a
permanent representative no later than May 1, 2003.
Mr. Schainker pointed out to the City Council that they should revisit the issue of being
named an entitlement city/metropolitan area when they meet with legislators in Washington,
D.C., while attending the National League of Cities Conference next week. He also said
that, prior to the Council meeting of February 25, 2003, they had planned to discuss the Duff
Avenue Underpass project with the legislators; however, now that that project is off the
table, one of the next largest projects in the CIP is the Grand Avenue Extension project. Mr.
Schainker said that in the third year of the CIP, we show sharing the cost with the DOT, but
because of their budgetary constraints, the project probably will be delayed. Mr. Schainker
asked the Council if they felt it would be appropriate for the Mayor to explore the possibility
of seeking 100% financing for the Grand Avenue Project. Council Member Cross asked if
the project could include going all the way to S. 16th Street. Paul Wiegand stated that staff
did not, at this time, have enough information relative to those costs, especially because it
involves a bridge. The Council concurred that the Grand Avenue Extension project should
be discussed with legislators in Washington, D.C.
ADJOURNMENT: 9:03 p.m.
______________________________________ ___________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
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