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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/08/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 8, 2003 The Ames City Council met in regular session at 7:00 p.m. on the 8th day of April, 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, Hoffman, Mahayni, Vegge, and Wirth. Michael Banasiak, ex officio member, was also present. Council Member Goodhue arrived at 7:05 p.m. PROCLAMATION FOR NATIONAL BOYS & GIRLS CLUB WEEK: Mayor Tedesco proclaimed the week of April 6 - 12, 2003, as National Boys & Girls Club Week. Accepting the Proclamation on behalf of the Ames Boys & Girls Club were Ron Chieves and Keystone Club members Lauren Dixson, Jessica Lawson, Nikky LeCount, A. J. Reinhardt, Petra Salasar, Ashley Searcy, Allen Thomas, Amanda Thomas, Jeff Thomas, and Johnny Thomas. PROCLAMATION FOR NATIONAL ALCOHOL SCREENING DAY: April 10, 2003, was proclaimed as National Alcohol Screening Day by Mayor Tedesco. Wendell Mosby, who is associated with Big Shots Bar, accepted the Proclamation. WORK SESSION PRESENTATION OF THE BACKFLOW PREVENTION PROGRAM: Scott Cunningham, Cross Connection Control Coordinator for Water and Pollution Control, gave a presentation on the City’s Backflow Prevention Program. CONSENT AGENDA: Moved by Cross, 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 March 25, 2003 3. Motion approving renewal of the following beer permits and liquor licenses: a. Class C Beer and Class B Wine - Fareway Stores, Inc., 619 Burnett Avenue 4. Motion approving certification of Civil Service applicants 5. Motion authorizing submission of grant application to Federal Emergency Management Agency’s Assistance to Fire Fighters Grant Program 6. Motion accepting artwork by Keith Van De Pol for City’s public art collection 7. RESOLUTION NO. 03-110 approving and adopting Supplement No. 2003-2 to the Ames Municipal Code, 1995 8. RESOLUTION NO. 03-111 approving appointment of members to Plumbing and Mechanical Board 9. RESOLUTION NO. 03-112 approving appointment of Barry Camenisch to Human Relations Commission 10. RESOLUTION NO. 03-113 terminating contract for ASSET Contract Administrator 11. RESOLUTION NO. 03-114 approving/motion denying request for reimbursement of marketing expenditures for Ames Economic Development Commission from July 1, 2002, to December 31, 2002, in the amount of $15,480.21 12. RESOLUTION NO. 03-115 approving allocation of $17,920 in advance of the 2003/04 Fiscal Year to immediately upgrade the Emergency Operations Center 13. RESOLUTION NO. 03-116 approving plans and specifications for 2003/04 Neighborhood Curb Replacement Program; setting May 7, 2003, as bid due date and May 13, 2003, as date of public hearing 14. RESOLUTION NO. 03-117 approving plans and specifications for 2003/04 Clear Water Diversion Program; setting May 7, 2003, as bid due date and May 13, 2003, as date of public hearing 15. RESOLUTION NO. 03-118 approving plans and specifications for 2003/04 Water System Improvements Program; setting May 7, 2003, as bid due date and May 13, 2003, as date of public hearing 16. RESOLUTION NO. 03-119 approving contract and bond for 2003/04 Collector Street Rehabilitation Program 17. RESOLUTION NO. 03-120 waiving formal bidding procedures and awarding annual City Hall HVAC Maintenance Contract to Johnson Controls 18. RESOLUTION NO. 03-121 approving Change Order #2 to Contract for Auditing Services for Fiscal Year 2001/02 19. RESOLUTION NO. 03-122 approving a contract with Regency Technologies, Inc., for Digital Control Units, Control Software, and Related Services for Electric Services in the amount of $78,625 20. RESOLUTION NO. 03-123 approving Final Minor Plat for College Heights Subdivision, 3rd Addition 21. RESOLUTION NO. 03-124 approving Final Major Plat for Gene Harris Subdivision, 2nd Addition Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM:. No one spoke during this time. SEASONAL CLASS B BEER PERMIT AND OUTDOOR SERVICE PRIVILEGE FOR AMES SLOWPITCH SOFTBALL ASSOCIATION, NORTH RIVER VALLEY PARK: Moved by Wirth, seconded by Vegge, to approve the Seasonal Class B Beer Permit and Outdoor Service Privilege for Ames Slowpitch Softball Association, North River Valley Park, East 13th Street. Vote on Motion: 6-0. Motion declared carried unanimously. SEASONAL CLASS B BEER PERMIT AND OUTDOOR SERVICE PRIVILEGE FOR AMES SLOWPITCH SOFTBALL ASSOCIATION, SOUTH RIVER VALLEY PARK: Moved by Hoffman, seconded by Mahayni, to approve the Seasonal Class B Beer Permit and Outdoor Service Privilege for Ames Slowpitch Softball Association, South River Valley Park, East 13th Street. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM OAKWOOD ROAD CHURCH (MARK STEPHENSON) FOR XENIA RURAL WATER DISTRICT TO SERVICE PROPERTY IN WASHINGTON TOWNSHIP (WITHIN TWO-MILE JURISDICTION OF AMES): Moved by Goodhue, seconded by Cross, to direct staff to meet with City Development Board and Story County officials to discuss the possibility of pursuing the annexation of the property, but excluding the Oakwood Road right-of- way. Mark Stephenson, 1319 - 16th Street, Ames, representing the Oakwood Road Church, indicated that he had spent quite a bit of time discussing this issue with the property owners on Woodview 2 Drive who are opposed to annexing. While he indicated that he could not speak for those persons, Mr. Stephenson urged the City to meet with the City Development Board and Story County officials to discuss pursuing annexation of the Church property excluding the Oakwood Road right-of-way. Vote on Motion: 6-0. Motion declared carried unanimously. AGREEMENT WITH AMES DOWNTOWN FARMERS’ MARKET: Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-125 approving an Agreement to allow the Downtown Farmers’ Market to be located along Burnett Avenue and operate on Mondays from 3:00 to 7:00 PM during the 2003 season (from May 5 to October 7, 2003). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2002: Finance Director Duane Pitcher and Assistant Finance Director Sue Rybolt presented the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2003. ADA HAYDEN HERITAGE PARK: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO 03-126 approving the Agreement with the Story County Conservation Board for development of natural areas. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Director of Public Works Paul Wiegand reported on the bids received for Park construction. Based on the low bid submitted by Peterson Contracting, Inc., of Reinbeck, Iowa, with the alternative and second contract added, the total cost of construction is estimated to be $2,786,362.56. ANNEXATION OF LAND ADJACENT TO SE 16TH STREET: Mildred Lange, 1518 E. Lincoln Way, Ames, stated that she and her husband Fred have lived on their property for 48 years. Ms. Lange said that she does not feel that their 36.5 acres need to be annexed; their property is located on the north side of Squaw Creek. Referencing the floods of 1993 and 1996, she said that she is concerned where the water will drain if the land is further developed. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-127 approving the annexation of land adjacent to SE 16th Street. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. URBAN REVITALIZATION AREA FOR PROPERTY LOCATED AT BEACH AVENUE AND SUNSET DRIVE (121 BEACH): Moved by Cross, seconded by Vegge, to approve the application. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Vegge, to direct City staff to prepare an Urban Revitalization Plan. Vote on Motion: 6-0. Motion declared carried unanimously. 3 Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-128 setting the date of public hearing on the Plan for May 13, 2003. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF X AVENUE AND 210TH STREET IN BOONE COUNTY: Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 03-129 waiving the requirement for approval of a subdivision plat by the City of Ames for a division of land located northeast of the intersection of 210th Street and X Avenue in Boone County, Iowa. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ALLEY PAVING PROJECT, SOUTH 2ND TO SOUTH 3RD STREETS BETWEEN WASHINGTON AND WALNUT AVENUES: Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-130 to apportion the alley paving assessments pertaining to 218 South Walnut and 232 South Walnut among the condominium apartment units at these sites. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STORM WATER DETENTION BASIN IN HACH SUBDIVISION: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 03-131 approving the Agreement with Lincoln-Bell Investors, LLC, for use of storage capacity in the Water Detention Pond in Hach Subdivision, 2nd Addition. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 03-132 accepting the Easements granting the City the right to use storage capacity in the Water Detention Pond, the right to surface water flow across the property, the right to a storm sewer across the property, and the right for ingress and egress to exercise their easements across Lot 1, Hach Subdivision, 2nd Addition. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VACATING CITY RIGHT-OF-WAY AT ELWOOD DRIVE AND OLD AIRPORT ROAD: Mayor Tedesco opened the public hearing. There being no one wishing to speak, he closed the hearing. Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance vacating right-of- way at Elwood Drive and Old Airport Road. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Goodhue, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously 4 Moved by Hoffman, seconded by Cross, to pass on second and third readings and adopt ORDINANCE NO. 3705 vacating right-of-way at Elwood Drive and Old Airport Road. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SELLING CITY RIGHT-OF-WAY AT ELWOOD DRIVE AND OLD AIRPORT ROAD: The hearing was opened by Mayor Tedesco. He closed same after no one wished to speak. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-133 approving sale and conveyance by Quit Claim Deed of vacated right-of-way land at Elwood Drive and Old Airport Road to Burgason-Culver LLC in the amount of $16,607.95. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REZONING PROPERTY LOCATED AT 1007 NORTH SECOND STREET FROM URBAN CORE RESIDENTIAL MEDIUM DENSITY (UCRM) TO HIGHWAY- ORIENTED COMMERCIAL (HOC): The Mayor opened the hearing. The hearing was closed after no one wished to speak. Moved by Cross, seconded by Hoffman, to pass on first reading an ordinance rezoning property located at 1007 North Second Street from Urban Core Residential Medium Density (UCRM) to Highway-Oriented Commercial (HOC). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH A NEW SPECIAL ZONING DISTRICT - “S-SMD” (SOUTH LINCOLN SUB-AREA MIXED USE DISTRICT): The hearing was opened by Mayor Tedesco. No one wished to speak and the hearing was closed. Moved by Goodhue, seconded by Wirth, to pass on first reading a zoning ordinance text amendment to establish a new special zoning district - “S-SMD” (South Lincoln Sub-Area Mixed Use District). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON REZONING PROPERTY GENERALLY LOCATED ALONG SOUTH 2ND, 3RD, AND 4TH STREETS BETWEEN SHERMAN AVENUE AND PROPERTIES ON THE WEST SIDE OF WALNUT AVENUE FROM RESIDENTIAL HIGH DENSITY (RH), HIGHWAY- ORIENTED COMMERCIAL (HOC), AND GOVERNMENT/AIRPORT (S-GA) TO SOUTH LINCOLN SUB-AREA MIXED USE DISTRICT (S-SMD): Mayor Tedesco opened the hearing. There being no one wishing to speak, he closed same. Moved by Hoffman, seconded by Mahayni, to pass on first reading an ordinance rezoning property generally located along South 2nd, 3rd, and 4th Streets between Sherman Avenue and properties on the west side of Walnut Avenue from Residential High Density (RH), Highway- Oriented Commercial (HOC), and Government/Airport (S-GA) to South Lincoln Sub-Area Mixed Use District (S-SMD). Roll Call Vote: 6-0. Motion declared carried unanimously. 5 ORDINANCE REVISING PARKING REGULATIONS ON EAST FIFTH STREET: Moved by Cross, seconded by Vegge, to pass on second reading an ordinance revising parking regulations on East Fifth Street. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE MAKING TECHNICAL AMENDMENTS TO CITY CODE SECTIONS 26.38 AND 26.39 DEALING WITH SPEED LIMITS: Moved by Cross, seconded by Wirth, to pass on second reading an ordinance making technical amendments to City Code Sections 26.38 and 26.39 dealing with speed limits. 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 Vegge, to pass on third reading and adopt ORDINANCE NO. 3706 making technical amendments to City Code Section 26.38 and 26.39 dealing with speed limits. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RESIDENTIAL PROPERTY MAINTENANCE ORDINANCE: Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt the Residential Property Maintenance ORDINANCE NO. 3707. Roll Call Vote: 5-1. Voting aye: Cross, Hoffman, Mahayni, Vegge, Wirth. Voting nay: Goodhue. Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Goodhue, seconded by Cross, to refer to staff the memo from Assistant City Manager Sheila Lundt regarding Heartland Senior Services. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Goodhue, to set the date of a Council work session on the over- occupancy issue for May 20, 2003, (with May 6, 2003, as a back-up date). Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Wirth, to direct staff to study what the City can do to increase the recycling of glass. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: 8:20 p.m. _____________________________________ ____________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor 6