HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/10/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 10, 2003
The Ames City Council met in regular session at 7:00 p.m. on the 10th day of June, 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 NATIONAL HOME OWNERSHIP MONTH: Mayor Tedesco
proclaimed June as National Home Ownership Month. Accepting the Proclamation on behalf
of the U. S. Department of Housing and Urban Development was Bill McNarney. Mr. McNarney
thanked the City for their support of home ownership programs and particularly thanked
Housing Coordinator Vanessa Baker Latimer for administering the programs.
Mr. McNarney introduced Joe O’Hern of the Fanny Mae Iowa Partnership Office. Mr. O’Hern
said that the mission of the Fanny Mae Office is to open up home ownership opportunities. He
recognized the Ames/Story County Affordable Housing Partnership and Vanessa Baker-Latimer,
its administrator. Mr. O’Hern presented the City with the “Fulfilling the American Dream”
award given for its cooperative spirit through public/private partnerships dedicated to providing
Ames’ families with affordable housing opportunities.
CONSENT AGENDA: Moved by Goodhue, seconded by Cross, 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 27, 2003
3. Motion approving renewal of the following beer permits and liquor licenses:
a. Class C Liquor - Ge-Angelo's Italian Restaurant & Lounge, 823 Wheeler, Suite 9
b. Class B Beer - Godfather's Pizza, 414 Lincoln Way
c. Class B Liquor - The Hotel at Gateway Center, 2100 Green Hills Drive
d. Class B Beer - King Buffet, 1311 Buckeye Avenue, Suite B
4. Motion referring Petition for Voluntary Annexation of property at 2501 Timberland Road to
the Planning and Zoning Commission
5. Motion approving the Ames Police Department as a supporter agency in the 2004 public policy
initiative of the Iowa SAFE KIDS Coalition to upgrade the Iowa Child Restraint Law
6. RESOLUTION NO. 03-216 approving a Traffic Safety Improvement Program (TSIP) Grant
Agreement for traffic signals at Lincoln Way and Kellogg Avenue
7. RESOLUTION NO. 03-217 approving amendments to Child Serve Community Options
contract and reallocation of funds
8. RESOLUTION NO. 03-218 authorizing submission of grant application to U. S. Department
of Justice Homeland Security Overtime program
9. RESOLUTION NO. 03-219 approving request to subordinate Second Mortgage Lien for
property at 5462 Frost Drive, Ames, in connection with the City’s Phase III Affordable Housing
Program in the Bentwood Subdivision
10. RESOLUTION NO. 03-220 approving release of contract and lien for property at 3917 Viola
Mae Avenue in connection with the City’s Phase IV Mortgage Buy-Down Affordable Housing
Program
11. RESOLUTION NO. 03-221 approving contract and bond for 2003/04 Clear Water Diversion
Program
12. RESOLUTION NO. 03-222 approving contract and bond for 2003/04 Slurry Seal Program
13. RESOLUTION NO. 03-223 approving contract and bond for Resource Recovery System
Improvements (Reject Truck Bay and Drive Areas)
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM:. Joyce Durlam, 4512 Webster Street, Ames, representing the Ames Main Street
District, thanked the City for helping to fund the cost of the planted flowers along Main Street.
Ms. Durlam invited the public to “Downtown Dixie,” an event to celebrate summer and
showcase Main Street, which will be held on June 12.
MAYOR’S PROPOSAL REGARDING OVER-OCCUPANCY: Mayor Tedesco requested that
City Attorney John Klaus report on the legality of the Mayor’s Over-Occupancy Proposal. Mr.
Klaus advised that one of the ten points of the Proposal is legally challenging, i.e., “In
Residential Low Density (RL) areas, the City will create a zoning overlay that will not allow
more than the current total number of rental units in a specified area.” Mr. Klaus explained that
he had searched nationally for cases that supported the legality of the proposal; however, the
results of his queries did not support limiting the number of rentals in an area. He cited cases
in Pennsylvania, Maryland, and California. Mr. Klaus advised that zoning ordinances
prohibiting rentals for periods of 30 days or less in single-family residential districts have been
upheld.
Each point of the Mayor’s Proposal was reviewed to ascertain if the City Council wished to
move it forward prior to receiving public input.
1. The City Council will request the District Court Judge to “defer” the fines against the
rental property owners for those convicted prior to August 1, 2003. Mayor Tedesco
explained that the Judge had approved a similar request as it relates to renters. He said
that there are two parties to each lease, i.e., landlords and renters. The Mayor did not
want to treat one party differently from the other. John Klaus explained that the accused
would plead guilty; however, the fine would be deferred if the accused showed proof
that the property is in compliance with the law.
The Council concurred unanimously to move this item forward.
2. The City will temporarily cease all over-occupancy enforcement until September 1,
2003.
Council Member Goodhue was in favor; Council Members Cross, Hoffman, Mahayni,
Vegge, and Wirth were against moving this item forward.
3. The City will work with the University to implement an information campaign that will
educate tenants and rental property owners. Mayor Tedesco advised that this is already
being done.
4. The City will develop a document that could be utilized by the rental property owners
and tenants to verify that both parties have been informed of the occupancy limits.
Council Member Mahayni pointed out that in Iowa City, the tenants are required, by City
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ordinance, to sign a form signifying that they had been informed of the occupancy limits.
He reminded the Council that all tenants do not receive a letter from the Mayor as not
all tenants are students.
Council Member Wirth stated that she feels much more work needs to be done to educate
tenants in our community about the occupancy regulations.
The Council unanimously concurred to move this item forward.
5. The City will cease investigating anonymous complaints regarding alleged over-
occupancy violations. Council Member Vegge expressed his support of ceasing
investigations of anonymous complaints. He stated that if that is not the consensus of
the Council, he hopes that investigation of anonymous complaints would be considered
a very low priority.
Council Member Hoffman pointed out that some people who observe violations fear
retaliation by their neighbors if they report them. The Mayor advised that the City
Attorney offered an opinion that the City may refuse to give out the name of a
complainant to third parties if it is believed that, in so doing, it would prevent persons
from sharing this type of information with the City.
Council Members desiring to move this item ahead were Cross, Goodhue, Mahayni,
Vegge. Council Members Hoffman and Wirth expressed disagreement with this concept.
6. In Residential Low Density (RL) areas, the City will create a zoning overlay that will not
allow more than the current total number of rental units in a specified area. Council
Member Wirth did not see that the City would gain anything by this concept since the
City Attorney has stated that it is not legal.
Council Member Cross pointed out that the City had created a similar zoning overlay
district in the Old Town area. Several Council members voiced concern over how this
would be administered. Brian O’Connell, Director of Planning and Housing, advised
that City staff has not had difficulty administering the SFCOD (Single-Family
Conservation Overlay District) regulation now in effect in the Old Town District.
This item received no support from the City Council.
7. In RL areas, the City will allow a family or one person per bedroom, up to a maximum
of four unrelated individuals. Nathan Johnston, ex officio member, said that ISU
students have indicated support for this item. He pointed out that if a house was built
with five bedrooms, it was intended that they be used as such. It did not make sense to
him to have a home with five bedrooms, but only allow three bedrooms to be occupied.
Council Member Cross indicated that the issue deals mainly with parking; when many
of the larger homes were built, not all occupants had vehicles.
Council Member Goodhue suggested that the City “grandfather” in the approximately
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20 units in the South Campus Association Neighborhood in the University-Impacted
Area currently not in conformance due to down-zoning to allow one tenant per bedroom
up to four, providing that the parking requirement is currently met. He recommended that
this provision would only be valid until there is a change in ownership. Mr. Goodhue
said he was making this recommendation because he felt that there was mass confusion
in April 2001 when over-occupancy enforcement began. Brian O’Connell explained that
the non-conforming use does not simply go away when there is a change in ownership;
the new property owners would have the right to continue that use.
Council Member Vegge advised that he is a proponent of grandfathering as he believes
the landlords made an investment believing it was legal to rent to a certain number of
individuals; they need to have time to “exit gracefully.” Mr. Vegge said that he does
have a problem with allowing up to a maximum of four unrelated individuals in areas
zoned RL (Residential Low Density). Council Member Mahayni pointed out that
neighbors are concerned about the ramifications of the additional tenants; it’s the
behavior of the tenants as well as the need for additional parking that is bothersome to
the residents of the neighborhood. Nathan Johnston feels that the residents of the
neighborhood need to communicate their concerns directly with the tenants who are
creating the problem. Mr. Johnston said that this is a matter of economic feasibility for
the students; many cannot afford to rent an apartment in the high-density residential
zone.
Council Member Goodhue voiced his support of moving this item forward. Council
Members Cross, Hoffman, Mahayni, Vegge, Wirth did not support this item.
8. In RL areas, the City will require one hard-surfaced off-street parking space per bedroom
for each rental unit. Brian O’Connell advised that the zoning regulations of the City
currently contain provisions for the surface requirement of off-street parking spaces
(asphalt or concrete); no more than 65% of the property can be covered.
No Council Member voiced support of moving this item forward.
9. The City will decrease the fine to tenants and property owners convicted of over-
occupancy to $250 for the first offense, and for each subsequent violation, there will be
a $500 fine and the City will revoke the property owner’s Letter of Compliance for 12
months. All Council members wished to move this item forward for discussion.
10. Change the City ordinance to require garbage to be placed in “hard-covered” containers
with tightly fitting lids. All Council members wished to move this item forward for
discussion.
Moved by Hoffman, seconded by Mahayni, to adopt RESOLUTION NO. 03-233 requesting
that the District Court Judge, at his or her discretion, consider “suspending” the fines against
the rental property owners for those convicted prior to August 1, 2003.
Ivan Hanthorne, 2214 Storm Street, Ames, advised that he believes if the Judge finds the
accused guilty, the fine of $500 is appropriate. In his opinion, the landlords received ample
notice and still chose to violate the rules.
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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.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-234 directing City
staff to develop a document that could be utilized by the rental property owners and tenants to
verify that both parties have been informed of the occupancy limits.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Vegge, seconded by Goodhue, to direct that the City cease investigating anonymous
complaints regarding alleged over-occupancy violations.
Rich Ketcham, 2923 Arbor Street, Ames, asked for clarification of a comment made earlier by
Council Member Vegge. Mr. Ketcham asked if the property owner not only would be required
to identify herself or himself, but would need to substantiate the complaint with evidence. Mr.
Vegge explained that “substantiate” might not have been the best choice of words; however,
the issue is that the complainant needs to identify herself or himself to allow staff to follow up
with her or him.
Fern Kupfer, 2320 Knapp, Ames, advised that there had been many cases of retaliation against
residents of the SCAN who had called in a complaint of an over-occupancy violation. She
explained that residents of her neighborhood had been informed to call a member of SCAN
with their complaint, and they would call in the complaint.
Due to the opinion offered by the City Attorney that the City may refuse to give out the name
of a complainant to a third party if it is believed, in so doing, that it would prevent persons from
sharing the information, Council Members Hoffman and Wirth did not believe that any action
needed to be taken on this issue. They felt that the City should continue to investigate
anonymous complaints.
Roll Call Vote: 3-3. Voting aye: Cross, Goodhue, Vegge. Voting nay: Hoffman, Mahayni,
Wirth. Motion failed.
Moved by Cross, seconded by Goodhue, to direct the City Attorney to prepare the appropriate
ordinance to decrease the fine to tenants and property owners convicted of over-occupancy to
$250 for the first offense, and for each subsequent violation, there will be a $500 fine and the
City will revoke the property owner’s Letter of Compliance for 12 months.
Council Member Vegge suggested that the fines be lowered for tenants, but not for landlords.
It is his opinion that a fine of $500 would cause a greater hardship on tenants than it would be
on landlords. He asked if the City Attorney felt the outcomes of the cases already tried had
been just. Mr. Klaus believes that to be the case. Council Member Mahayni pointed out that
the fine for tenants means $500 per tenant. Nathan Johnston spoke in favor of lowering the fine
to $250
as he believes the real punishment to landlords would be on the second offense when their
Letter of Compliance would be revoked for 12 months.
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Johnny Pickett, 407 Pearson, Ames, urged the Council to be opposed to lowering the fine for
landlords. She feels that there needs to be punishment severe enough to dissuade such
violations.
Assistant City Attorney Judy Parks pointed out that all landlords received a letter from the City
advising them that the City would be commencing enforcement of over-occupancy violations.
In addition, each owner’s Letter of Compliance clearly states how many occupants are allowed
in the unit.
Roll Call Vote: 2-4. Voting aye: Cross, Goodhue. Voting nay: Hoffman, Mahayni, Vegge,
Wirth. Motion failed.
Moved by Cross, seconded by Hoffman, to direct the City Attorney to prepare an ordinance to
require garbage to be placed in “hard covered” containers with tightly fitting lids.
Gloria Betcher, 531 Hayward Avenue, Ames, a member of the South Campus Area
Neighborhood Historical Committee, stated that she was concerned that this wording did not
go far enough. She would like to see the number of garbage cans addressed as well as their
placement. Ms. Betcher feels that some properties have one garbage can even though there may
be four or five persons living at that address.
Fern Kupfer, 2320 Knapp, Ames, said that she also believed the placement of garbage
containers needed to be addressed; some are never put away.
Gary Fox, 818 Onyx Circle, Ames, concurred that many rental properties do not have a
sufficient number of garbage cans for the number of people living at the residence.
Herbert Wright, 1813 Arthur Circle, Ames, stated that he preferred the City not mandate
“attached” lids on garbage cans.
Roll Call Vote: 6-0. Motion declared carried unanimously.
LANDMARK CHALLENGE COMPETITION: Mayor Tedesco brought the Council’s attention
to a copy of an e-mail message from Susan Bedell, 522 Crawford Avenue, Ames, that had been
placed around the dais.
Assistant City Manager Bob Kindred said that the intent of the Landmark Challenge
Competition was to take something that many had described as an eyesore and make it into
something positive for the community. He advised that the City Council is being asked tonight
to support the recommendation of the Landmark Challenge jurists or approve a different design;
however, it in no way obligates the City to build the design. The City now owns all 115 designs
that were submitted for the Competition and may choose to build any design or combination
of designs.
Public Relations Officer Clare Bills reviewed the process undertaken to arrive at the “winner.”
Ms. Bills announced that “The Ring” by Rashmi Ramaswamy and Mark Peters was selected
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by a majority of jurists. Jurists had stated that it was unlike any design in the competition, and
if built, would be a landmark unlike any in the world. It was also noted that the Power Plant
would not need to be changed to accommodate “The Ring,” and it would be the most
economically feasible to implement.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-224 approving the
recommendation of the Landmark Challenge jurists to select “The Ring” as the winner of the
competition and authorize the award of $10,000 to Rashmi Ramaswamy and Mark Peters of
Chicago, Illinois.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
LONG-TERM DISABILITY INSURANCE COVERAGE/LIFE INSURANCE COVERAGE:
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-225 accepting the
proposal from Madison National Insurance for long-term disability insurance, life, and
accidental disability and death, at an estimated annual premium of $169,920.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
WAIVER OF SUBDIVISION REQUIREMENTS FOR A TWO-LOT SUBDIVISION
LOCATED WEST OF TIMBER ROAD, EAST OF 530TH AVENUE, AND NORTH OF 280TH
STREET IN STORY COUNTY: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION
NO. 03-226 waiving the requirement for approval of a two-lot subdivision located in Story
County approximately one-half mile west of Timber Road, one-half mile east of 530th Avenue,
and one-half mile north of 280th Street.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
EAST AVENUE PAVING ASSESSMENT (FROM LINCOLN WAY TO EAST 2ND STREET):
Moved by Cross, seconded by Mahayni, to adopt PRELIMINARY RESOLUTION NO. 03-227.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 03-228 adopting
preliminary plans and schedule of assessment.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Cross, seconded by Mahayni, to adopt RESOLUTION NO. 03-229 adopting the
Proposed Resolution of Necessity and setting July 8, 2003, as the date of public hearing.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
TAX ABATEMENT AS AN INCENTIVE FOR ANNEXATION OF LAND: Moved by Cross,
seconded by Goodhue, to adopt RESOLUTION NO. 03-230 approving the following criteria
to use tax abatement as an incentive for annexation and directing staff to incorporate the tax
abatement criteria into the implementation measures of the Land Use Policy Plan.
1. The owner(s) of property must consent to voluntary annexation to receive the tax abatement.
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2. The annexation shall be in accordance with the Land Use Policy Plan. It shall: (a) meet the
goals and objective of the Plan; (b) reside in an identified growth area; (c) be consistent with
the City’s growth policies; and, (d) be consistent with the Future Land Use Map.
3. The annexation will allow for the efficient and cost-effective extension of municipal
infrastructure and services.
4. The annexation shall be in accordance with the City’s Capital Improvement Program, budget
objectives, and not pose an unnecessary financial burden on the citizens of Ames.
5. The annexation shall provide for orderly, cost-effective, and ecologically aware
development.
6. The annexation shall result in a more regular municipal boundary that allows for a more
coordinated and rational provision of municipal services.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ADMINISTRATION OF AFFORDABLE HOUSING PROGRAMS IN AMES AND STORY
COUNTY: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 03-231 authorizing
the Mayor to have blanket authority to sign all loan agreement documents, mortgage
subordination, and mortgage release documents in connection with the administration of
Affordable Housing Programs in Ames and Story County.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ANNEXATION OF LAND LOCATED AT 2200 TIMBERLAND ROAD: Moved by Hoffman,
seconded by Cross, to adopt RESOLUTION NO. 03-232 approving the annexation of property
located at 2200 Timberland Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON REZONING OF PROPERTY LOCATED AT 2200 TIMBERLAND ROAD:
Mayor Tedesco opened the public hearing. There being no one wishing to speak, the hearing
was closed.
Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance rezoning property
located at 2200 Timberland Road from “A” (Agricultural) to “RL” (Residential Low Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REMOVING EXISTING NO-PARKING RESTRICTIONS ON THE WEST
SIDE OF HYDE AVENUE: Moved by Cross, seconded by Wirth, to pass on first reading an
ordinance removing existing no-parking restrictions on the west side of Hyde Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
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ORDINANCE REZONING PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF CRYSTAL STREET AND SOUTH DUFF AVENUE FROM “HOC”
(HIGHWAY-ORIENTED COMMERCIAL) TO “R-H” (RESIDENTIAL HIGH DENSITY):
Moved by Hoffman, seconded by Wirth, 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 “R-H” (Residential High Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 9:52 p.m.
____________________________________ ____________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
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