HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/27/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MAY 27, 2003
The Ames City Council met in regular session at 7:00 p.m. on the 27th day of May, 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, Hoffman, Mahayni, Vegge,
and Wirth. Nate Johnston, ex officio member, was also present.
PROCLAMATION FOR 50TH ANNIVERSARY OF UNITED WAY OF STORY COUNTY:
Mayor Tedesco read a proclamation in honor of the 50th Anniversary of United Way of Story
County. Accepting the Proclamation were Tom Pohlman, President of the Board of Directors,
and Frankee Oleson, Executive Director.
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 May 13, 2003
3. Motion approving renewal of the following beer permits and liquor licenses:
a. Class B Liquor - Boheme, 2900 West Street
4. RESOLUTION NO. 03-188 approving appointment of Catherine Guthrie-Scanes to fill vacancy
on ASSET
5. RESOLUTION NO. 03-189 approving contract with Safety Vision of Houston, Texas, in the
amount of $79,950 for purchase of Digital Video Surveillance and Recording System for Ames
Transit Agency
6. RESOLUTION NO. 03-190 awarding contract for 2003-06 Line Clearance Program to
Asplundh Tree Expert Company of Pella, Iowa, for hourly rates and unit prices bid
7. RESOLUTION NO. 03-191 awarding contract for Pebble Lime for Water Treatment to
Western Lime Corporation of West Bend, Wisconsin, in the amount of $73/ton
8. RESOLUTION NO. 03-192 approving request to cancel contract for Padmounted Transformers
with RESCO, allowing withdrawal of bid, and awarding contract to ERMCO for Electric
Services
9. RESOLUTION NO. 03-193 approving renewal of contract for custodial services for City
Hall/Community Center with Pro Cleaning Experts of Ames, Iowa
10. RESOLUTION NO. 03-194 approving change orders for 6th & Grand Intersection
Improvements Project
11. RESOLUTION NO. 03-195 approving change orders for 2003/04 Arterial Street Rehabilitation
Program (Lincoln Way - Beach Avenue to Squaw Creek Bridge)
12. RESOLUTION NO. 03-196 approving contract and bond for 2003/04 Neighborhood Curb
Replacement Program
13. RESOLUTION NO. 03-197 approving contract and bond for 2003/04 Water System
Improvements Program
14. RESOLUTION NO. 03-198 accepting completion of 2002/03 Sanitary Sewer Rehabilitation
Project - Worle Creek
15. RESOLUTION NO. 03-199 approving Minor Final Plat for Hunziker - Habitat Subdivision
16. RESOLUTION NO. 03-200 approving Major Final Plat for Somerset Subdivision, 15th
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.
ENCROACHMENT PERMIT AT EVERT’S FLOWERS & GIFTS: Moved by Goodhue,
seconded by Cross, to approve the Encroachment Permit to allow metal artwork sculpture
(“Kristin’s Flowers”) to remain on Pad #7 adjacent to Evert’s Flowers and Gifts at 329 Main
Street, under the terms and conditions stipulated in the Encroachment Permit Agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION NO. 03-201 waiving the
Encroachment Permit fee.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REQUESTS FROM AMES MAIN STREET DISTRICT PERTAINING TO “DOWNTOWN
DIXIE” ACTIVITIES ON JUNE 12: Moved by Cross, seconded by Goodhue, to approve a
Blanket Temporary Obstruction Permit for the Central Business District (to allow the merchants
to use one-half of the sidewalk).
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to approve the request for temporary electric service
in Tom Evans Plaza and Cynthia Duff Plaza.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-202 approving
suspension of parking meter enforcement for the Central Business District from 5:00 p.m. to
7:00 p.m.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REQUEST FOR CLOSURE OF DEPOT PARKING LOT FOR BASKETBALL JAMBOREE
ON JULY 11-12: Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 03-203
approving closure of the Depot Parking Lot from 10:00 p.m. on July 11 until 5:00 p.m. on July
12 for the Ames Parks and Recreation Department’s 7th Annual 3-on-3 Basketball Jamboree.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REQUEST FOR WAIVER OF PUBLIC INFRASTRUCTURE REQUIREMENTS FOR
PROPERTY AT 4025-199TH STREET: Moved by Hoffman, seconded by Cross, to adopt
RESOLUTION NO. 03-204 approving a waiver of public infrastructure requirements for
property located at 4025-199th Street, with the following stipulations:
1. That the property owners waive their rights to object to future assessments for public
improvements including, but not limited to, street paving, bicycle paths, sidewalks, and
utility improvements, prior to the City of Ames approving a “Plat of Survey” as an
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acceptable alternative legal means of dividing the subject property into two parcels and a
separate parcel for the public street right-of-way. The City Attorney will prepare an
agreement to be signed by the property owners entitled, “Covenant for Assessment of Costs
of Improvements.”
2. That the property owners agree to pay any and all costs related to disconnection of the rural
water facilities at the time land in this subdivision is annexed into the City of Ames prior to
the City of Ames approving a “Plat of Survey” as an acceptable legal means of dividing the
subject property into two parcels and a separate parcel for the public street right-of-way. The
City Attorney will prepare an agreement to be signed by the property owners entitled,
“Covenant Pertaining to Water Service.”
3. That the property owners be required to dedicate the adjacent street right-of-way for 199th
Street to Story County. The right-of-way must be dedicated to Story County prior to the City
of Ames approving a “Plat of Survey” as an acceptable alternative legal means of dividing
the street property into two parcels and a separate parcel for the public street right-of-way.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SITE FOR VETERANS MEMORIAL: Brian Anderson, 57000-245th Street, Ames, representing
the Ames Patriotic Council Veterans Memorial Committee, introduced the other members of
the Committee present, i.e., Herman Quirmbach, Jack Cook, Jerry Maddux, Bill LaGrange, and
Harriett Sheldahl. Mr. Anderson brought the Council’s attention to a graphic depicting the
proposed Memorial, giving dimensions for each of the components. Mr. Anderson reminded
the City Council that the Memorial will be financed by private donations, its cost is projected
at $135,000, and it is hoped that it will be completed by Memorial Day of 2004.
Moved by Hoffman, seconded by Goodhue, to grant permission for the City-owned properties
at Fifth Street and Grand Avenue to be used for a Veterans Memorial in accordance with the
“squared-off” area shown on Map C (attached).
Vote on Motion: 6-0. Motion declared carried unanimously.
Mayor Tedesco thanked the Ames Patriotic Council for the outstanding Memorial Day services
they coordinated. He presented a personal check to Mr. Anderson as a donation towards the
Veterans Memorial.
RIGHT-OF-WAY FOR SOUTHEAST FIFTH STREET EAST OF DAYTON ROAD: Moved
by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-205 approving the contract
and accepting the deed for right-of-way for Southeast Fifth Street east of Dayton Road from
John and Diana Risse in the amount of $8,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
DEVELOPER’S AGREEMENT FOR SOUTH FORK SUBDIVISION: David Keller, 3104
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Maplewood Road, Ames, representing Ev Cochrane and Associates, requested that the
Developer’s Agreement for South Fork Subdivision be amended. He specifically addressed the
provision in the Agreement that requires the developers to pay 50% of the costs to construct the
left-turn lane improvements at Lincoln Way and Franklin Avenue when traffic volumes warrant
or when a final plat is approved for a part of the site not in Phase 1 (whichever occurs first). Mr.
Keller alleged that two sections of that document are in conflict with each other. The sections
are Paragraphs 3 and 4 on Pages 5 and 6, respectively, of the Agreement. The developers
contend that Phase 2 is going to occur on the west side of Dotson, not the east side as
contemplated in Paragraph 3 of the Agreement. Mr. Keller advised that Phase 2 is not the final
plat nor does it exceed 50% of the land area of the site. He said that all of the traffic that will
be generated from the next phase of the development will go up Beedle, which already has a
traffic signal.
Steve Schainker, City Manager, explained that the filing of financial assurance for the Lincoln
Way and Franklin Avenue project is simply tied to the platting of Phase 2. The construction of
the intersection improvements is then tied to the level of service and the platting of the east area.
The financial assurance is not connected to those items. Mr. Schainker said the issue is that the
developer does not want to incur the cost of providing a Letter of Credit (financial assurance)
securing the Lincoln Way and Franklin Avenue improvements at this time. The security
guarantees that the funds will be available when the construction of the Lincoln Way and
Franklin Avenue improvements begins.
According to Public Works Director Paul Wiegand, the question and concern at hand deals with
the intersection improvements at Lincoln Way and Franklin. Staff feels that since the
Preliminary Plat did not identify a specific location for Phase 2 and since the Developer’s
Agreement does not define a Phase 2 location, it is simply not relevant where Phase 2 is located.
Staff also feels that the majority of the vehicular trips from the Subdivision will be generated
by the construction in Phase 1. Phase 1 has a number of lots that involve multi-story apartment
structures, and all lots in subsequent phases are single-family detached or town home structures.
Mr. Keller clarified that the developers are requesting that the posting of the financial assurance
be delayed until they are ready for Phase 3. He said that since their Phase 2 development area
is farther west, Ev Cochrane and Associates would like the Developer’s Agreement to be
modified such that the financial assurance is required when the area east of Dotson Drive is
platted.
Moved by Cross, seconded by Vegge, to deny the request to modify the Developer’s Agreement
and require the filing of the bond for the improvements at Lincoln Way and Franklin Avenue
with the final plat of Phase 2 in accordance with the existing Agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
CONTRACT FOR AUDITING SERVICES: Moved by Goodhue, seconded by Cross , to adopt
RESOLUTION NO. 03-206 approving a three-year agreement, with an option for a two-year
extension, with EideBailly, LLP, to provide auditing services for the City.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
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made a portion of these minutes.
2003 UNIFORM PLUMBING CODE: Moved by Cross, seconded by Hoffman, to direct the City
Attorney to draft an ordinance adopting the 2003 Uniform Plumbing Code with local
amendments.
Vote on Motion: 6-0. Motion declared carried unanimously.
PLAN FOR ADOPTION OF CURRENT BUILDING, FIRE, PLUMBING, AND
MECHANICAL CODES: Moved by Cross, seconded by Mahayni, to adopt the proposed plan to
review the current codes and adopt and implement them by January 1, 2004, at the latest.
Vote on Motion: 6-0. Motion declared carried unanimously.
CRITERIA FOR TRANSITION RATE OF TAXATION FOR ANNEXATION: This item was
pulled from the agenda.
CONTRACT WITH JOHN DEERE HEALTH PLAN: Risk Manager Jon-Scott Johnson gave
a brief overview of the evaluation process performed by the City to arrive at a recommendation
to shift the City’s health care third-party administration from Wellmark to the John Deere Health
Plan.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-207 approving a shift
of the City’s health care third-party administration from Wellmark to the John Deere Health
Plan effective July 1, 2003.
Roll Call Vote: 6-0. 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: Budget
Officer Carol Collings advised that the General Fund saw improved revenues and lower
expenses. There was also an increase in Road Use tax revenue and improvements were seen in
fund balances for Water, Sewer, Resource Recovery, and Electric.
Mayor Tedesco opened the hearing. There being no one wishing to speak, the hearing was
closed.
Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-208 amending the
current budget for Fiscal Year ending June 30, 2003.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON RESOURCE RECOVERY SYSTEM IMPROVEMENTS (REJECT TRUCK
BAY AND DRIVE AREAS): The hearing was opened by Mayor Tedesco. No one wished to
speak, and the hearing was closed.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-209 approving final
plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the
amount of $69,868.
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Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON 2003/04 SLURRY SEAL PROGRAM: The Mayor opened the public hearing. He
closed same after no one wished to speak.
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 03-210 approving final
plans and specifications and awarding a contract to Fort Dodge Asphalt of Fort Dodge, Iowa,
in the amount of $85,620.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON HOSPITAL REVENUE REFUNDING BONDS: The public hearing was
opened by Mayor Tedesco. There being no one wishing to speak, the hearing was closed.
Moved by Mahayni, seconded by Wirth, to adopt RESOLUTION NO. 03-211 approving
issuance of Hospital Revenue Refunding Bonds in an amount not to exceed $37,000,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Wirth, to adopt RESOLUTION NO. 03-212 approving the
purchasing agreement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON NUISANCE ASSESSMENT: Mayor Tedesco opened the hearing. No one came
forward to speak, and the Mayor closed the hearing.
Moved by Vegge, seconded by Cross, to adopt RESOLUTION NO. 03-213 assessing the costs
of snow/ice removal for 1503 Buchanan Drive and certifying assessment to the Story County
Treasurer.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON URBAN REVITALIZATION AREA FOR 218-300 STANTON AVENUE:
The Mayor opened the hearing. He reminded the Council that a letter had been submitted from
Ev Cochrane and Associates requesting that they waive the second and third readings and adopt
the Ordinance at this meeting.
David Keller, 3104 Maplewood Road, Ames, representing Ev Cochrane and Associates,
explained that timing is very important as the determination for the amount of the project that
gets tax abatement is dependent upon the state of the project when the tax abatement is
approved.
No one else wished to speak, and the hearing was closed.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-214 approving the
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Urban Revitalization Area Plan.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance establishing the
218-300 Stanton Avenue Urban Revitalization Area.
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 Cross, seconded by Hoffman, to pass on second and third readings and adopt
ORDINANCE NO. 3714 establishing the 218-300 Stanton Avenue Urban Revitalization Area.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REZONING OF PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF CRYSTAL STREET AND SOUTH DUFF AVENUE FROM
“HOC” (HIGHWAY-ORIENTED COMMERCIAL) TO “RH” (RESIDENTIAL HIGH
DENSITY) - Continued from 4/22/03: The Mayor reconvened the public hearing. Juan Foegen,
316 Crystal Street, Ames, expressed his concern that the developer makes repeated requests to
change the LUPP in this area to accommodate his own best interests. Another concern voiced
by Mr. Foegen is the uncontrolled traffic that will be generated on and off Duff Avenue. Mr.
Foegen pointed out that the developers have stated that they are making this request to aid in the
marketing of their property.
No one else wished to speak and the Mayor closed the hearing.
Council Member Hoffman pointed out that the Planning and Zoning Commission had
recommended denial of this request. After reviewing the issue, however, Ms. Hoffman felt that
the best alternative would be to rezone the subject area.
Moved by Vegge, seconded by Cross, to pass on first reading an ordinance rezoning property
generally located on the northeast corner of Crystal Street and South Duff Avenue from “HOC”
(Highway-Oriented Commercial) to “RH” (Residential High Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-215 amending the
Land Use Policy Plan (LUPP) Map.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE SETTING SPEED LIMIT FROM CURVE WHERE GEORGE
WASHINGTON CARVER AVENUE TURNS INTO BLOOMINGTON ROAD TO A POINT
1,100 FEET WEST OF THAT INTERSECTION: Moved by Goodhue, seconded by Cross, to
adopt an ordinance setting the speed limit from the curve where George Washington Carver
Avenue turns into Bloomington Road to a point 1,100 feet west of the intersection of George
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Washington Carver Avenue and Bloomington Road.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, 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 Hoffman, to pass on second and third readings and adopt
ORDINANCE NO. 3713 setting the speed limit from curve where George Washington Carver
Avenue turns into Bloomington Road to a point 1,100 feet west of the intersection of George
Washington Carver Avenue and Bloomington Road.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Mayor Tedesco explained that a special meeting of the City Council will be
necessary to discuss possible budget cuts. After polling the Council, the meeting was tentatively
set for June 16 at Noon.
ADJOURNMENT: 8:10 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor
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