HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/09/2003MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 9, 2003
The Ames City Council met in regular session at 7:00 p.m. on the 9th day of September, 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.
Mayor Tedesco announced that President Bush has proclaimed September 11, 2003, as Patriot Day,
thereby calling upon all appropriate officials of all units of government to direct that the flag be
flown at half staff on Patriot Day. Additionally, all Americans are called upon to display the flag
at half staff from their homes and businesses on that day and to observe a moment of silence
beginning at 8:46 a.m. eastern daylight time to honor the innocent victims who lost their lives as a
result of the terrorist attacks on September 11, 2001.
PRESENTATION OF 2003 RESIDENT SATISFACTION SURVEY: Clare Bills, Public
Relations Officer, presented the results of the 21st Annual Resident Satisfaction Survey. She
indicated that of the 510 questionnaires sent out to residents, both permanent and students, 185
were completed and returned by the April 11 deadline (a 37% response rate).
CONSENT AGENDA: Moved by Goodhue, 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 August 26, 2003
3. Motion approving the following beer permits and liquor licenses:
a. Class C Beer - Aman Travel Center/Jiffy, 326 Lincoln Way
b. Class C Liquor – Corner Pocket/Main Attraction, 125 Main Street (need check & dram)
c. Class C Liquor & Outdoor Service Privilege – Hickory's Hall, 300 S. 17th Street
d. Class C Beer and Class B Wine – Big KMart #3971, 1405 Buckeye Avenue
e. Class C Liquor – Mandarin Restaurant of Ames, 415 Lincoln Way
4. Motion approving certification of civil service applicants
5. RESOLUTION NO. 03-349 approving appointment of David Miller to fill vacancy on the Civil
Service Commission
6. RESOLUTION NO. 03-350 approving appointment of Mike Espeset to fill vacancy on the
Planning and Zoning Commission
7. RESOLUTION NO. 03-351 approving voting and alternate voting delegates for the National
League of Cities Conference
8. RESOLUTION NO. 03-352 approving change orders for 2000/01 Arterial Street Rehabilitation
Program (Dayton Avenue)
9. RESOLUTION NO. 03-353 approving change order for 2002/03 Water System Improvements
Program (Clark Avenue)
10. RESOLUTION NO. 03-354 approving contract and bond for 2003/04 Sanitary Sewer
Rehabilitation Program - Contract 1 (Northwestern Avenue)
11. RESOLUTION NO. 03-355 approving contract and bond for 2003/04 Sanitary Sewer
Rehabilitation Program - Contract 2 (Clark Avenue and Southeast 16th Street)
12. RESOLUTION NO. 03-356 accepting completion of the DDC Controls Renovation for the
Technical Services Complex
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
AMES HIGH SCHOOL HOMECOMING PARADE: Jacklyn McEachran, 59183 250th Avenue,
Nevada, Stephanie Jones, 3919 Margaret Lane, Gilbert, and Ashley Wilson, 1922 Polk Drive,
appeared on behalf of the Ames High School Homecoming Committee. They reviewed the
activities planned for Ames Homecoming “Fiesta.”
Moved by Cross, seconded by Mahayni, to approve a request for a permit to display
fireworks east of the Ames High School football field on Friday, September 19, 2003, for
Ames High School Homecoming.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 03-357 approving the
Ames High School Homecoming Parade route along Fifth Street, Burnett Avenue, and Main
Street on September 15, 2003, (with a rain date of September 17, 2003).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 03-358 approving the
closure of Fifth Street and waiver of parking enforcement east of Duff Avenue from 5:00 p.m.
until 10:00 p.m. on September 15, 2003, to accommodate a staging area for the Ames High
School Homecoming Parade.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
OCTAGON ART FESTIVAL: Heather Straszheim, 103 East 9th Street, indicated that this is the
33rd year of the Arts Festival, and it will be held on September 28 in Downtown Ames. She
reported that the event will have free admission with over 100 artists participating.
Moved by Goodhue, seconded by Cross, to approve a blanket temporary obstruction permit
for sidewalks adjacent to closed streets in the Central Business District (CBD) from
10:00 a.m. until 5:00 p.m. for the Octagon Art Festival on September 28, 2003.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to approve a blanket vending license for the sale
of food items in the Central Business District (CBD) from 10:00 a.m. until 5:00 p.m. for the
Octagon Art Festival on September 28, 2003.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-359 approving
closure of Main Street from a point east of the Wells Fargo driveway to the east side of the
intersection of Main and Douglas; closure of Burnett Avenue from a point just north of the
downtown alley to Tom Evans Plaza; closure of Kellogg Avenue from a point just north of
the downtown alley to the south edge of the Main and Kellogg intersection; closure of
Douglas Avenue from the Fifth Street intersection south to Main Street; and, closure of
parking spaces within the closed street areas as well as the first two parking spaces on the
north and south sides of Main Street just to the east of the barricade at Douglas Avenue
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between 6:00 a.m. until 9:00 p.m. on September 28, 2003, for the Octagon Art Festival.
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 Wirth, to adopt RESOLUTION NO. 03-360 approving
waiver of costs for electricity for the Octagon Art Festival on September 28, 2003.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
FIREWORKS DISPLAY FOR ENGINEERS' WEEK 2003: Amy D. Schlechte, 150 Campus
Avenue, No. 13, and Peter Sudbeck, 237 Ash Avenue, reported that the Engineers' Ball 2003
will take place on September 27 followed by a fireworks shoot at approximately midnight on
Central Campus.
Moved by Cross, seconded by Hoffman, to approve the request from the Engineers' Week
2003 Committee for a permit to display fireworks on the ISU Central Campus on
September 27, 2003.
Vote on Motion: 6-0. Motion declared carried unanimously.
RECREATION/AQUATICS COMPLEX: Trip Hedrick, 2502 Athlone Court, Janet Rathe,
2125 Country Club Boulevard, and Duane Sorenson, 521 Forest Glen, appeared on behalf of the
friends group supporting the construction of the new Recreation/Aquatics Complex.
Mr. Hedrick reported that the group did not support the placement of this issue on the
November 4 ballot. He explained that the support group wanted adequate time to educate the
public on this very important community issue. Therefore, they would be recommending a bond
election date at one of the Council's October meetings.
Moved by Hoffman, seconded by Mahayni, to adopt RESOLUTION NO. 03-361 approving
retainage of RDG at a total cost not to exceed $14,500 to update the Recreation/Aquatics
Complex Master Plan and to provide overview and comments on the design of the Middle
School and its related interface with the proposed City project.
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 Wirth, directing staff to develop recommendations and report
back to Council by the October 14 meeting on the following: 1) the fee
structure/memberships for utilizing the Recreation/Aquatics facility; and, 2) the possible fate
of the City Hall Community Center, Carr Pool, and Municipal Pool if a new complex is
constructed.
Vote on Motion: 6-0. Motion declared carried unanimously.
FUNDING FOR EDUCATIONAL CAMPAIGN ON OCCUPANCY REGULATIONS: Public
Relations Officer Clare Bills reviewed the City's goals and objectives, strategies, tactics, and
challenges for its education campaign in addressing the over-occupancy issues.
Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-362 approving
funding from the Contingency Fund in the amount of $6,350 for the fall education campaign
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related to occupancy regulations.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PRELIMINARY PLAT FOR REGENTS PARK SUBDIVISION: Upon questioning by Council
Member Goodhue, Public Works Director Paul Wiegand stated that the last traffic study for
South 16th Street was performed two years ago, and no new study is planned unless the Council
directs so.
Ray Anderson, Planner, reviewed the layout of the property located at 712 South 16th Street.
The land is currently undeveloped. As proposed, the three “buildable” lots will have access to
“South Grand Avenue” which will link South 16th Street with the west end of South 17th Street.
Outlot A is designated as “unbuildable” and will be used for storm water detention.
Mr. Anderson stated that the proposed preliminary plat of this subdivision is consistent with the
Land Use Policy Plan (LUPP) designation. He reported that an owner of a small, vacant parcel
of land between the proposed subdivision and the right-of-way for U.S. Highway 30 currently
has no means of access to the property.
James Kelley, 2103 Greenbriar Circle, appeared on behalf of the Katherine Kelley Estate. He
stated his concerns regarding the inability to access the property as it is land-locked, and he
wants the ability to maintain it. Mr. Kelley indicated that he would like to utilize a 20-foot
existing access easement that was granted to the City of Ames for maintaining a billboard sign.
City Attorney John Klaus stated that the City does hold the easement, however, its use is
restricted for maintenance of a billboard sign. The easement was granted to the City in 1994 by
the Randalls, and that access easement goes with a billboard located on a particular site, which
is not on Mr. Kelley's property. At this time, no resolution has been met between the Kelleys
and the Randalls pertaining to property access. Mr. Kelley's attorney has indicated that under
state law as a land-locked property owner, his client can condemn for a route access along a
subdivision line. Mr. Klaus stated that the City is under no obligation to provide egress/ingress
to the Kelley property and that the City did not create the situation that eliminated its access.
He further stated that it is staff's conclusion that all platting requirements have been met and are
in accordance with the City's ordinances.
Matt Randall, 420 South 16th Street, said that he is sorry that Mr. Kelley does not have access
to his property, however, arrangements should have been made when he sold off part of his
property many years ago.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 03-363 approving
the Preliminary Plat for Regents Park Subdivision located at 712 South 16th Street subject
to the following stipulations: that a Development Agreement shall be prepared and signed
by the developers prior to placing the Final Plat for Regents Park Subdivision on the City
Council agenda for action, and this Agreement shall document the developers and the City’s
responsibilities and costs associated with the development of the Regents Park Subdivision;
that the approval of the Preliminary Plat for Regents Park Subdivision shall not become
effective until action by the City Council with regard to the rezoning of land area in the
proposed Regents Park Subdivision is completed; that no direct private property access be
permitted from the Regents Park Subdivision to South 16th Street and this restriction be noted
on the Final Plat for this Subdivision; and, that a property owner's agreement be prepared
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and signed which requires that the owner of Lot 1 also own and be responsible for the
maintenance of Outlot A, and the agreement is to become a part of the Final Plat documents
submitted for approval by the City Council.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CDBG ENTITLEMENT STATUS: Moved by Wirth, seconded by Cross, to adopt RESOLUTION
NO. 03-364 approving a request from Housing and Urban Development (HUD) to accept
participation in the Community Development Block Grant (CDBG) Program with HUD with a
program year start date of July 1, 2004.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REMOVAL OF TREES ALONG MAIN STREET: Mayor Tedesco opened the
hearing. There being no one wishing to speak, the hearing was closed.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 03-365 approving
removal of the ash trees along the south side of Main Street west of the Clark Avenue
intersection, and approving the planting of locust trees as replacements at the site at an estimated
cost of $2,000.
Council Member Vegge stated his opposition to removing all of the trees. He suggested that the
City remove a portion of them to see if it made a difference in the birds' roosting patterns.
Council Member Wirth said that she would like to see more effort put forth in rectifying the bird
problem before cutting down all the trees.
Moved by Vegge, to amend the motion by removing only a portion of the trees, plant new
trees in place of those cut down, and at some later date, remove the remaining mature trees.
The motion died for lack of a second.
Roll Call Vote: 4-2. Voting aye: Cross, Goodhue, Hoffman, Mahayni. Voting nay: Vegge,
Wirth. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these
minutes.
HEARING ON REZONING OF PROPERTY AT 917 SOUTH 16TH STREET: Mayor Tedesco
opened the hearing. He stated that the property owner has requested that this item be continued
to the November 25, 2003, City Council meeting.
Moved by Cross, seconded by Goodhue, to continue the rezoning of property located at
917 South 16th Street to November 25, 2003.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON TEXT AMENDMENT REGARDING SETBACKS FOR CORNER LOTS:
The hearing was opened by the Mayor. No one wished to speak, and the hearing was closed.
Moved by Cross, seconded by Goodhue, to pass on first reading a text amendment to the
Zoning Ordinance regarding setbacks for corner lots in the RL, RM, and UCRM Zoning
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Districts.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON TEXT AMENDMENT ESTABLISHING A NEW PERMITTED USE
(DWELLING HOUSE): Mayor Tedesco opened the hearing. There being no one wishing to
speak, the hearing was closed.
Moved by Goodhue, seconded by Mahayni, to pass on first reading a text amendment to the
Zoning Ordinance establishing a new permitted use (dwelling house) in the RM, RH, and
S-SMD Zoning Districts.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON ADA HAYDEN HERITAGE PARK RESTROOM BUILDING: The hearing
was opened by the Mayor. No one wished to speak, and he closed the hearing.
Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-366 approving final
plans and specifications and awarding a contract to Jensen Builders, LTD., of Boone, Iowa,
in the amount of $181,465.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON ADA HAYDEN HERITAGE PARK SITE SEEDING: Mayor Tedesco opened
the hearing. No one wished to speak, and the hearing was closed.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 03-367 approving
final plans and specifications and awarding a contract to Lakeside Construction, Inc., of
Forest City, Iowa, in the amount of $90,920.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE AMENDING CODE PERTAINING TO MUTCD: Moved by Cross, seconded
by Vegge, to pass on first reading an ordinance amending the Municipal Code to change certain
wording in Section 26.3 from “1978” to “latest” which will allow the code to stay current each
time the Manual on Uniform Traffic Control Devices (MUTCD) is revised.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO TEXT AMENDMENT TO THE ZONING ORDINANCE:
Moved by Goodhue, seconded by Cross, to pass on second reading a text amendment to the
Zoning Ordinance to allow administrative approval of minor changes to Major Site Development
Plans in the “F-VR” (Village Residential) District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
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ORDINANCE REZONING PROPERTY AT 612 AND 626 SOUTH 16TH STREET: Moved by
Cross, seconded by Goodhue, to pass on second reading an ordinance rezoning property located
at 612 and 626 South 16th Street from “HOC” (Highway-Oriented Commercial) to “RH”
(Residential High Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING SOUTH LINCOLN WAY SUB-AREA URA: Moved by
Mahayni, seconded by Cross, to pass on second reading an ordinance establishing the South
Lincoln Way Sub-Area Urban Revitalization Plan (URA).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE EXTENDING “NO-PARKING” REGULATIONS ON ROXBORO DRIVE:
Moved by Hoffman, seconded by Goodhue, to pass on second reading an ordinance extending
the “no-parking” regulation on Roxboro Drive from a point 480 feet west of Chilton Avenue
westward and northward on Harrison Road on the south and west sides of the street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING “NO-PARKING” RESTRICTIONS ON 24TH STREET:
Moved by Wirth, seconded by Hoffman, to pass on second reading an ordinance establishing
“no-parking” restrictions on the south side of 24th Street from the centerline of Van Buren
Avenue to the centerline of Hoover Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON BELL AVENUE AND
FORD STREET: Moved by Hoffman, seconded by Vegge, to pass on second reading an ordinance
establishing parking regulations on Bell Avenue and Ford Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING REGULATIONS PERTAINING TO GARBAGE AND REFUSE:
Moved by Cross, seconded by Goodhue, to pass on third reading and adopt ORDINANCE
NO. 3729 revising regulations pertaining to garbage and refuse.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REZONING PROPERTY AT 712 SOUTH 16TH STREET: Moved by Cross,
seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3730 rezoning
property located at 712 South 16th Street from “HOC” (Highway-Oriented Commercial) to “RH”
(Residential High Density).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Council Member Wirth thought the landscape buffer was to be maintained around
the parking lot at the Seventh Street/Burnett Avenue intersection. Eric Jensen, Planner, said the
property owner was in the process of revising the landscaping plan and that the buffer will be
put in place.
Public Works Director Wiegand indicated that the department will check into the construction
sign that has been left on Hyland Avenue by the Unitarian Church.
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City Manager Steve Schainker reported that he has not received any indication that the City's
water supply was in jeopardy due to lack of rain.
Council Member Vegge said that the mural in Tom Evans Plaza was coming along and looking
very nice.
Ex officio Nathan Johnston stated that he was glad to hear of the City's plan to communicate with
the students and the community regarding occupancy regulations. He felt that this was a very
positive step forward.
ADJOURNMENT: 8:32 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
_________________________________
Jill Ripperger, Recording Secretary
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