HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/23/2003MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 23, 2003
The Ames City Council met in regular session at 7:04 p.m. on the 23rd 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.
PROCLAMATION FOR GOOD NEIGHBOR WEEK: Mayor Tedesco proclaimed the week of
September 22 - 29, 2003, as Good Neighbor Week. Accepting the Proclamation was City of
Ames Planner Jeff Benson.
PROCLAMATION FOR NATIONAL BRAIN INJURY AWARENESS MONTH: The month
of October 2003 was proclaimed by the Mayor as National Brain Injury Awareness Month.
Duffy Lorr accepted the Proclamation. Ms. Lorr advised that the 1st Annual Public Program
Series dealing with brain injury awareness will be held on October 6, 12, 14, 21, and 28. The
Series will be presented by BETA (Brain Education, Training, and Awareness) and will feature
a number of special speakers. For more information, citizens should call 292-1868.
PROCLAMATION FOR PUBLIC POWER WEEK: October 5 - 11, 2003, was proclaimed by
Mayor Tedesco as Public Power Week. On behalf of the City of Ames Electric Services,
Director Merlin Hove and “Energy Guy” Steve Wilson accepted the Proclamation. Mr. Hove
invited the public to the Electric Services Open House to be held on October 11 from 10 AM to
2 PM.
PROCLAMATION FOR FIRE PREVENTION WEEK: Mayor Tedesco proclaimed October
5 - 11, 2003, as Fire Prevention Week. Accepting the Proclamation on behalf of the City of
Ames Fire Department were Lieutenant Jerry Deters and Firefighters Matt Schill, Doug
Mayes, and John Packer.
CONSENT AGENDA: Council Member Vegge asked to pull Item No. 7i, renewal of liquor license
for Mo-Jazz, 2518 Lincoln Way.
Moved by Cross, seconded by Hoffman, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of September 9, 2003
3. Motion approving renewal of the following beer permits and liquor licenses:
a. Special Class C Liquor - Bali Satay House, 2424 Lincoln Way
b. Class C Beer - Doc’s Stop, 2720 East 13th Street
c. Class C Liquor - EJ’s Legacy, 111 Fifth Street
d. Class B Beer - Happy Joe’s, 551 S. Duff Avenue
e. Class C Beer and Class B Wine - Hy-Vee Food Store #1, 3800 Lincoln Way
f. Class C Beer and Class B Wine - Hy-Vee Food and Drug Store #2, 640 Lincoln Way
g. Class C Liquor - La Fuente, 217 S. Duff Avenue
h. Special Class C Liquor - Le’s Vietnamese Restaurant, 113 Colorado Avenue
i. Class C Liquor - Sips & Paddy’s Irish Pub, 124 Welch Avenue
j. Class C Liquor and Outdoor Service Area - Wallaby’s, 3720 Lincoln Way
4. Motion setting the following City Council meeting dates:
a. November 18, 2003, at 7:00 p.m.
b. December 16, 2003, at 7:00 p.m.
c. January 20, 2004, at 5:15 p.m. for CIP Worksession
d. January 30, 2004, at 2:00 p.m. for Budget Overview
e. February 3, 4, 5, and 10, 2004, at 5:15 p.m. for Budget Hearings/Wrap-Up
5. RESOLUTION NO. 03-368 approving cooperative agreement with Iowa Civil Rights Commission
6. RESOLUTION NO. 03-369 awarding contract to PerMar Security Services of Des Moines, Iowa,
in the amount of $57,016 for installation of security system at the WPC Plant
7. RESOLUTION NO. 03-370 approving contract with Sargent & Lundy for Integrated Research
Planning Study for Electric Services in the amount of $163,500
8. RESOLUTION NO. 0-371 approving preliminary plans and specifications for Furnishing and
Installing Copper and Fiber Cables and Related Materials for Information Services Division;
setting October 16, 2003, as bid due date and October 28, 2003, as date of public hearing
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
RENEWAL OF CLASS C LIQUOR LICENSE FOR MO-JAZZ, 2518 LINCOLN WAY:
Mayor Tedesco pointed out that this establishment has had 27 violations in the last eight months.
He said he feels that it is imperative that the City Council, as the approving agency, be
concerned with the way establishments are handling the rules and regulations that are set forth
by the Iowa Code and the Iowa Alcoholics Beverages Division. The Mayor said that he has
concerns over the renewal of this license and asked the City Council to consider denying the
annual renewal. He recommended that the Council move to approve a six-month seasonal
license; following that term, the applicant would be required to file a new application for an
annual license. The Mayor said he hoped that would give the establishment’s
owners/managers/employees time to avail themselves of the training that is provided free by the
Ames Police Department to all liquor-licensed establishments.
Ex Officio Member Johnston asked Commander Robinson how often the bars were checked.
Commander Robinson stated that the Special Operations Unit had recently been disbanded due
to a shortage of personnel, and Officer Tom Shelton is the individual who is now checking the
bars. Officer Shelton advised that it was his job to check the bars as time allows; it is not routine
like it used to be, but they do a lot more spot-checks. He said that all bars in Ames are checked,
and compliance checks are done periodically on all establishments that carry a liquor
license/beer permit. Compliance checks are always documented; spot-checks in bars are not
logged in.
Mr. Johnston asked if the Department had a set policy on how many patrons are checked in each
bar. Officer Shelton said there is no set policy; whoever appears to be under the legal age is
asked for identification. It is the feeling of Mr. Johnston that most of the patrons look basically
the same age, and he would like to see a policy that is consistently followed in each bar; e.g.,
check five patrons in each bar. Mayor Tedesco pointed out that it is the responsibility of the
license holder to check the patrons in their establishment; the patrons should have all been ID’d
prior to being let onto the premises. Mr. Johnston said that he personally has been at a bar and
has seen no one get ID’d by police officers, but he has been at Mo-Jazz twice and been asked
for his identification. Commander Robinson said that they could look into establishing such a
policy if so directed. He pointed out that the officers are looking for the reaction of the patrons;
a lot of times when persons are under-age and an officer walks into an establishment, the patrons
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will get up and go to the restroom.
Council Member Goodhue emphasized that no employees of Mo-Jazz have attended any of the
training offered to assist them in identifying false ID’s. He feels that this is a significant issue.
Commander Robinson said that he had been in contact with the Manager of Mo-Jazz, who
indicated that he is planning to send employees to a future training session. These sessions are
offered the second Thursday of every month.
Al Ostebee, 5441 Skycrest Drive, Ames, attorney for Mo-Jazz, was present. Mr. Ostebee said
that the owners of Mo-Jazz only recently became aware of this specific situation. He asked that
the Council consider the following: (1) Of the 27 violations identified, 14 occurred during the
months of July and August – periods when there is a significant number of new students in Ames
with unfamiliar identification cards. (2) During the entire period that these violations occurred,
Mo-Jazz had an unusually high rate of employee turn-over. (3) The quality/availability of false
ID’s is continually improving, making the subject of monitoring them more and more difficult.
(4) Since being informed of this situation by a reporter from the Iowa State Daily yesterday, Mo-
Jazz has turned in to the Ames Police Department 40 false identification cards that had been
collected during this period, but not previously turned in. Mr. Ostebee said that these factors
were merely to help identify the context in which the violations had occurred; they were not
intended to be excuses for the violations occurring.
Mr. Ostebee advised that Mo-Jazz wants to cooperate fully with the City of Ames in preventing
these problems. He stated that in consideration of the renewal of the annual liquor license, the
owners/management of Mo-Jazz would commit to the following: (1) For the next 12 months, the
manager and all 14 employees will be required to attend training classes offered by the Ames
Police Department to assist them in recognizing false ID’s. The employees will be paid by Mo-
Jazz for attending these sessions, and attendance will be mandatory for continued employment.
(2) Additional employees will be hired to improve the detection of under-age individuals. (3)
A security camera will be installed at the door to record and monitor the inspection process. (4)
Mo-Jazz will turn in false identification cards collected to the Police Department on a more
frequent basis, as determined by working with the Police Department.
Wendell Mosby, 2522 Chamberlain, Ames, Manager of Big Shots Nightclub in Campustown,
spoke, stating that he is concerned about the incidents occurring at Mo-Jazz. Mr. Mosby advised
that all employees of Big Shots are required to attend the ID seminars sponsored by the Ames
PD. He attempts to hire around the time that the seminar occurs; if not, he waits and personally
works extra shifts until the new employees are trained. Mr. Mosby said that he thinks there
should be some type of mechanism in place that sends up a red flag if an establishment reaches
a certain threshold of violations within six months; the City should not wait until it is time for
the license to be renewed before addressing the issue. He disagrees that Mo-Jazz should be
given a six-month license to remedy this situation. Mr. Mosby views this as an insult to any
liquor licensee in the City of Ames, as anyone who thinks they are above the law and can
blatantly allow these violations to happen should not have a license.
Mr. Mosby expressed his opinion on the minor-on-premises penalty. He feels that it should be
increased to the maximum, which he believes to be in the neighborhood of $600 - 700. In his
opinion, the current penalty of approximately $150 is not a deterrent to persons under-age. Mr.
Mosby also said that he believes the penalty for owners of establishments that violate the law
should be revisited and possibly increased.
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Mayor Tedesco pointed out that his recommendation pertaining to this liquor-licensed
establishment is exactly the same as that recommended for previous establishments under similar
circumstances.
Council Member Mahayni asked if it were possible for the City to mandate that all employees
of these establishments be trained by the Police Department in the identification of false ID’s.
City Attorney John Klaus advised that it may be possible; he could look into it if the Council so
directs. Mayor Tedesco pointed out that it is the responsibility of the license-holder to ensure
that their employees are trained.
Mr. Klaus reminded the City Council that they adopted a policy that states the Police
Department will review all requests for renewal, and those establishments that have a significant
number of violations will be scrutinized. He reiterated that the Police Department offers a
program to educate the establishments’ owners/managers/employees, and it is up to the
establishment’s owner/management whether or not they want to take advantage of that training.
Moved by Hoffman, seconded by Cross, to deny renewal of the annual license for Mo-Jazz.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Cross, to approve a six-month seasonal license for Mo-Jazz.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC FORUM: Joyce Durlam, 4512 Webster, Ames, reminded the Council that about a year
ago, Kathy Svec made a presentation to them regarding the Ames Community Arts Council’s
planning process. The Council suggested to Ms. Svec that she talk to members of the Ames
Main Street District about a proposal for a Cultural District in Downtown Ames. As a result of
that collaborative process, progress has been made towards the creation of a Main Street Cultural
District. Ms. Durlam advised that the Main Street District Association endorses this proposal,
and it will be unveiled at a public meeting on October 7, 2003, at 7 PM at the Octagon Center
for the Arts.
CLASS C BEER PERMIT FOR ENERGY KARAOKE & CAFÉ: Moved by Goodhue,
s e c o n d e d
by Mahayni, to approve a Class C Beer Permit for Energy Karaoke & Café, 200 Stanton Avenue,
pending receipt of DCI background checks.
Vote on Motion: 6-0. Motion declared carried unanimously.
FACES CELEBRATION TO BE HELD ON OCTOBER 11, 2003: Elaine Dunn, Co-Chair of
FACES Celebration, highlighted several activities that will be happening on October 11 in the
Downtown.
Moved by Goodhue, seconded by Wirth, to approve blanket Temporary Obstruction Permits.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-372 approving
Contracts for Food Vendors and Contracts for Entertainment.
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.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-373 approving street
and parking lot closures.
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. 03-374 approving a
waiver of costs for electricity associated with this event.
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. 03-375 approving a
waiver of fees for vending licenses.
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. 03-376 approving an
allocation of up to $1,500 from Hotel/Motel Tax Fund for payment of Auditorium and
Community Center fees.
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. 03-388 approving
suspension of parking enforcement in the Central Business District.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
WAIVER OF PARKING ENFORCEMENT ON SEPTEMBER 27 FOR EVENT IN CITY
AUDITORIUM: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-377
approving a waiver of parking enforcement for metered spaces in the east and west City Hall lots
on September 27 from 8 AM to Noon for an event in the City Auditorium.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PRELIMINARY PLAT FOR SOUTH FORK TOWNHOMES SUBDIVISION: Moved by
Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-378 approving the Preliminary
Plat for South Fork Townhomes Subdivision located on Marigold Drive, with the following
stipulations:
1. That the conditions and requirements of the approved Development Agreement for South Fork
Subdivision will also apply to the South Fork Townhomes Subdivision.
2. Driveway access to the lots in South Fork Townhomes Subdivision must be from the alley south of
Marigold Drive.
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 REQUIREMENT TO INSTALL SIDEWALKS ALONG THE
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WEST SIDE OF SOUTH HIGH STREET AS PART OF A TWO-LOT SUBDIVISION
LOCATED AT 212 SE 16TH STREET: Council Member Vegge said that he looked at the area in
question, and it appeared to him that sidewalk already exists in front of the building. He doesn’t
see any benefit to tearing out the old sidewalk and putting in a new sidewalk. Planner Eric
Jensen advised that there are existing sidewalks that were probably installed as part of the
original development. Those sidewalks appear to actually be in the public right-of-way;
however, they most likely don’t meet City standards – they don’t meet grade; there are steps.
He said that the owners could probably just bring those up to public standards, which might
reduce the costs somewhat, and then only add on to those sidewalks at the north and south ends.
Council Member Goodhue asked how much foot traffic there is at the location in question. Mr.
Jensen said there is not a lot of foot traffic in this area.
Bill Woodward, 2111 Graeber Avenue, Ames, representing Friedrich Iowa Realty, said that the
owner is simply replatting an existing parcel in order to facilitate a sale of a portion of the
property; it is not a substantial redevelopment. Given the fact that there is not a lot of foot traffic
in this area, they believe it is reasonable for the waiver of the sidewalk requirement to be
granted.
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 03-379 deferring the
installation of the sidewalk until such time as sidewalks are installed elsewhere on South High
Avenue. The deferment would be accompanied by a signed agreement and a letter of credit, or
other form of acceptable security, to ensure the installation of the sidewalk.
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 SUBDIVISION REQUIREMENTS FOR 157.93 ACRES OF
LAND IN THE SOUTHEAST QUARTER OF SECTION 24, JACKSON TOWNSHIP,
BOONE COUNTY: Michael McEnroe, 700 S. 32nd Court, West Des Moines, was present. He
explained that he represents two sisters, Nondas Beswick and Avonell F. Simpson, who own this
property and 92.35 acres in the Southwest Quarter of Section 24, Jackson Township, Boone
County. They simply wish to be able to transfer one-half of the property to their respective
children under the terms of their Wills without having any disagreement among the Beswick
children and the Simpson children. For that to occur, they want to divide the farm property now
and transfer half of the property to Nondas Beswick and the other half to Avonell Simpson.
Neither of these individuals has any plans to subdivide or develop the farm property; it is simply
a means to simplify the probate procedures at the time of either sister’s death.
Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-380 approving a waiver
of subdivision requirements for the division of approximately 157.93 acres of land in the
Southeast Quarter of Section 24, Jackson Township, Boone County, with the following
stipulation:
1. That a Plat of Survey be filed with Boone County, which divides the land, as proposed, into
“Parcel A” and describes the remaining land as “Parcel B.” A legal description for “Parcel
A” and for “Parcel B” must be included on the Plat of Survey.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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REQUEST FOR WAIVER OF SUBDIVISION REQUIREMENTS FOR 92.35 ACRES OF
LAND IN THE SOUTHWEST QUARTER OF SECTION 36, JACKSON TOWNSHIP,
BOONE COUNTY: Moved by Vegge, seconded by Wirth, to adopt RESOLUTION NO. 03-381
approving a waiver of subdivision requirements for the division of approximately 92.35 acres
of land in the Southwest Quarter of Section 36, Jackson Township, Boone County, with the
following stipulation:
1. That a Plat of Survey be filed with Boone County, which divides the land, as proposed, into
“Parcel A” and describes the remaining land as “Parcel B.” A legal description for “Parcel
A” and for “Parcel B” must be included on the Plat of Survey.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST FOR LAND USE POLICY PLAN MAP CHANGE FOR AREA LOCATED
SOUTH OF OAKWOOD ROAD, WEST OF 530TH AVENUE, AND ONE-QUARTER MILE
EAST OF STATE AVENUE: Moved by Wirth, seconded by Mahayni, to adopt RESOLUTION
NO. 03-382 approving a Land Use Policy Plan Map change from “Agricultural” and
“University-Affiliated” to “Village-Suburban Residential” and extending the “New Lands – All
Other Boundary” for the area generally located south of Oakwood Road, west of 530th Avenue,
and one-quarter mile east of State Avenue.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
NATIONAL REGISTER ELIGIBILITY FOR THE OLD TOWN HISTORIC DISTRICT:
Council Member Mahayni advised that he was the first Chairperson of the Historic Preservation
Commission, on which he served four years, and he was very pleased to see this proposal.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 03-383 authorizing the
Mayor to execute certification of recommendation of National Register eligibility for the Old
Town Historic District, generally located between Clark and Duff Avenues and 7th and 9th Streets
(including a recommendation for the National Park Service to approve the Multiple Property
Listing: “A Home for Science and Technology: Ames, Iowa”).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST FOR INSTALLATION OF FOUR-WAY STOP AT ARIZONA AND ROSS ROAD
(TABLED FROM 8/12/03 MEETING): Public Works Director Paul Wiegand briefed the City
Council on why staff was not recommending approval of this request. He indicated that traffic
volumes would need to increase significantly (seven-fold) beyond the current levels to meet the
standards contained in the Manual on Uniform Traffic Control Devices necessary to warrant a
four-way stop. He explained to the Council that traffic research and statistics indicate that
installing traffic control devices under unwarranted conditions may actually increase the
potential for accidents. He elaborated that motorists tend to ignore or slide through such signs
when they
perceive them to be unnecessary, and pedestrians often perceive the presence of stop signs as
a guarantee that vehicles will stop.
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Council Member Wirth asked Mr. Wiegand to elaborate on the staff’s suggestion to install a
two-way stop, rather than a four-way. Mr. Wiegand said that the analysis basically indicates that
the pedestrian movement, particularly school children, would be moving predominantly across
the intersection east/west. If the Arizona legs of the intersection are stopped, that would provide
that protection. The need to travel across north/south is still there for pedestrians who live south
of Ross Road, but the predominant movement would be east/west. Staff feels that if the concern
is for the students moving through the intersection, that would address the greatest level of that
need.
Council Member Hoffman feels that this is an area where local people are going through and it
is not a main thoroughfare; therefore, it is not going to impede the flow of traffic by installing
a four-way stop.
Council Member Wirth questioned why the school crosswalk signs would need to be removed
if four-way stop signs are installed. Mr. Wiegand explained that as an element of stop sign
control, there are to be no auxiliary signs at a stop-sign-control intersection, so the crosswalk
signs would have to be removed.
Janet S. Johnson, 925 Yuma Avenue, Ames, and Cathy Hockaday, 1016 Mesa Verde Place,
Ames, were present and asked the City Council to approve the installation of four stop signs.
They feel that only having two stop signs would not be helpful to children who live on the south
side of Ross Road. Ms. Johnson advised that, as far as she knows, there have never been any
crossing guards at the intersection in question. She said that there have been more accidents at
the intersection than have been reported. People who live on those corners have found tire
marks on their lawns, so they believe that there have also been near-misses that were not
reported. Ms. Hockaday said that vehicles had ended up in front yards, so there have been major
accidents.
Ms. Johnson further stated that the back entrance to Sawyer School is located between Yuma
Avenue and Arizona Avenue. This is quite a distance from North Dakota, so drivers have the
opportunity to build up speed from that direction as well as those who are directed out of school.
If a four-way stop is not approved tonight, Ms. Johnson asked for a study to be conducted by
people living in the neighborhood. Ms. Hockaday said that she and Ms. Johnson disagree that
there is more traffic crossing east/west than north/south.
Ms. Johnson advised that last May, she was one of a group of people who went door-to-door in
this neighborhood to ascertain their neighbors’ opinions on this matter. She was able to speak
to about half of her neighbors, all of whom were in favor of a four-way stop. Ms. Hockaday said
that when the City performed their evaluation of this intersection, they were not there when
children were on their way to school or on their way home; they did the study when school was
in session.
Council Member Vegge said that he observed this intersection today from 8:05 to 8:30 a.m., and
he counted 13 children crossing at this intersection. He also counted 13 vehicles, most of which
came from the north. His observation was that the drivers and the children seemed very cautious
in crossing the street.
Council Member Hoffman encouraged the City Council to support the installation of a four-way
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stop at the corners of Arizona and Ross Road. She said that she was speaking from personal
experience in going through that area over a period of approximately 35 years. Ms. Hoffman said
that she believes the intersection has gotten much more dangerous in the last few years.
Council Member Goodhue indicated that it was his preference to approve the installation of two
stop signs. He would like this evaluated again in the spring to see if that is working.
Council Member Cross said he did not believe that this warrants a significant amount of staff
time to evaluate it any further.
Council Member Wirth said that the one thing she did not want to see happen would be for the
City to keep changing the traffic controls at this intersection. She said she understands the
standards by which cities evaluate such matters, but doesn’t want to wait for a certain number
of accidents to occur when there are children crossing at that intersection. Council Member
Mahayni also said that he doesn’t want to wait for a deadly accident to occur before the City
reacts.
Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 03-389 authorizing the
installation of four-way stop control signs at the intersection of Arizona Avenue and Ross Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REAL ESTATE AGREEMENT BETWEEN THE CITY OF AMES AND TALL TIMBER
INVESTMENTS, L.L.C.: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO.
03-384 approving a Real Estate Contract with Tall Timber Investments, L.L.C., and authorizing
the expenditure of $10,000 from the undesignated balance in the Road Use Tax Fund to pay the
down payment.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CHANGES IN PARKING REGULATIONS IN LOTS X, Y, AND Z: Moved by Cross, seconded
by Goodhue, to adopt RESOLUTION NO. 03-385 designating the spaces north of the median
in Central Business District Lots Y and Z for two-hour parking, the spaces south of the median
in CBD Lots Y and Z for four-hour parking, and all spaces in Lots X, Y, and Z that are currently
set aside for reserved parking under the existing procedure to remain as reserved
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON VOLUNTARY ANNEXATION OF PROPERTY LOCATED EAST OF
BOONE COUNTY LINE ROAD AND NORTH OF BENTWOOD SUBDIVISION ON
LINCOLN WAY: Mayor Tedesco opened the hearing. Roger Wise, 4915 West Bend Drive, Ames,
was present. He said that he has heard that there was a plan to eventually extend West Bend
Drive, which is now a dead-end street, to a suburban residential high-density neighborhood. Mr.
Wise said that he and his neighbors moved to that area because it was a dead-end street. There
are a lot of children in that area, and they do not want to see a through street coming from a
high-density neighborhood to a low-density neighborhood. Mr. Wise said that there are already
a number of drivers who come down North Dakota and turn west on West Bend to alleviate
having to stop at the stop light. They then cut through West Bend, go out through South Bend,
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and then proceed west on Lincoln Way. Mr. Wise feels that if West Bend were a through street,
drivers would use that to get to South Dakota and not have to take Lincoln Way. He and his
neighbors do not want additional traffic or the noise from the additional traffic through their
neighborhood. Mr. Wise said that he and his neighbors want to make it known to City officials
that they want to keep West Bend Drive a dead-end street.
Mayor Tedesco pointed out that the question before the City Council tonight only pertains to the
annexation of the land. He suggested that Mr. Wise contact the proposed developer and talk to
them.
Paul Wiegand stated that at this point, there is nothing in the Transportation Plan that deals with
an extension of West Bend Drive. As a part of the overall development plan, it is likely that
there would be some extension of the street, but he does not anticipate that West Bend Drive
would continue all the way over to County Line Road.
Council Member Cross asked what is recommended for this area in the Land Use Policy Plan
(LUPP). Planner Joe Pietruszynski advised that the LUPP encourages like uses adjacent to each
other, so when this area is developed, City staff would encourage the developer to plat it so that
single-family is adjacent to single-family. Mr. Pietruszynski said that City staff has not seen any
proposals for high-density residential development adjacent to the West Bend neighborhood.
The developer has not come forward with a Preliminary Plat or any kind of conceptual design
for the area.
There being no one else wishing to speak, the Mayor closed the hearing.
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 03-386 approving the
voluntary annexation of approximately 87.54 acres of property located east of Boone County
Line Road and north of Bentwood Subdivision on Lincoln Way.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON VOLUNTARY ANNEXATION OF NEW AMES MIDDLE SCHOOL SITE
GENERALLY LOCATED NORTH OF MORTENSEN ROAD AND WEST OF STATE
STREET: The hearing was opened by Mayor Tedesco. After no one else wished to speak, the
Mayor closed the hearing.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 03-387 approving the
voluntary annexation of 39.37 acres of Ames Community School and City of Ames property
generally located north of Mortensen Road, south of College Creek, east of Coconino Road, and
west of State Avenue in the Southwest Growth Priority Area.
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 3915 MORTENSEN ROAD:
The Mayor opened the hearing. No one wished to speak, and he closed same.
The Mayor advised that a letter had been received from Steve Carter, Director of Facilities
Planning & Management for the Ames Community School District, requesting that the second
and third readings be waived and the ordinance be adopted at this meeting.
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Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance rezoning property
located at 3915 Mortensen Road from “A” (Agricultural) to “S-GA” (Government/Airport).
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 Goodhue, to pass on second and third readings and adopt
ORDINANCE NO. 3737 rezoning property located at 3915 Mortensen Road from “A”
(Agricultural) to “S-GA” (Government/Airport).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW
MODEL HOMES/SALES OFFICES AS A PERMITTED USE WITHIN RESIDENTIAL
DISTRICTS: The public hearing was opened by Mayor Tedesco. The hearing was closed after no
one wished to speak.
Moved by Goodhue, seconded by Mahayni, to pass on first reading an ordinance making a
zoning text amendment to allow model homes/sales offices as a permitted use within residential
districts.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING A ZONING TEXT AMENDMENT REGARDING SETBACKS FOR
CORNER LOTS IN THE RL, RM, AND UCRM ZONING DISTRICTS: Moved by Goodhue,
seconded by Hoffman, to pass on second reading an ordinance making a zoning text amendment
regarding setbacks for corner lots in the RL, RM, and UCRM Zoning Districts.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ESTABLISH A NEW
PERMITTED USE (DWELLING HOUSE) IN THE RM, RH, AND S-SMD ZONING
DISTRICTS: Moved by Hoffman, seconded by Vegge, to pass on second reading an ordinance
making a zoning text amendment to establish a new permitted use (dwelling house) in the RM
(Residential Medium Density), RH (Residential High Density), and S-SMD (South Lincoln Sub-
Area Mixed-Use District) Zoning Districts.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING CODE PERTAINING TO MUTCD: Moved by Goodhue, seconded
by Hoffman, to pass on second 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 ZONING TEXT AMENDMENT PERTAINING TO
MAJOR SITE DEVELOPMENT PLANS IN THE “F-VR” DISTRICT: Moved by Wirth,
seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3731 making a
zoning text amendment to allow administrative approval of minor changes to Major Site
Development Plans in the “F-VR” (Village Residential) District.
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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 612 AND 626 SOUTH 16TH STREET: Moved by
Vegge, seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO. 3732
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. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING SOUTH LINCOLN WAY SUB-AREA URBAN
REVITALIZATION AREA: Moved by Goodhue, seconded by Cross, to pass on third reading and
adopt ORDINANCE NO. 3733 establishing the South Lincoln Way Sub-Area Urban
Revitalization Plan (URA).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE EXTENDING “NO-PARKING” REGULATIONS ON ROXBORO DRIVE:
Moved by Wirth, seconded by Goodhue, to pass on third reading and adopt ORDINANCE NO.
3734 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. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING “NO-PARKING” RESTRICTIONS ON 24TH STREET:
Moved by Cross, seconded by Vegge, to pass on third reading and adopt ORDINANCE NO.
3735 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. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON BELL AVENUE AND
FORD STREET: Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt
ORDINANCE NO. 3736 establishing parking regulations on Bell Avenue and Ford Street.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Mayor Tedesco informed the City Council that he had just returned from a meeting
of the National League of Cities FAIR Committee, of which is he Vice-Chair. He summarized
progress made on various issues, specifically revenues lost to the states and cities by not
requiring sales tax or use tax to be paid on internet commerce or catalog sales and House File
49 pertaining to internet access lines.
Moved by Goodhue, seconded by Wirth, to place the issue of the disposition of the former
Children’s Services of Iowa building located at 115 S. Sheldon Avenue on the next agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
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Council Member Wirth advised that Council Members Cross and Hoffman and she had attended
a neighborhood picnic at the Oak/Riverside Neighborhood. There were several concerns that
were expressed to them at that time. Ms. Wirth passed that list on to City Manager Steve
Schainker for response.
Council Member Mahayni said that he had received a letter from two residents, one living on
Hyland Avenue and the other on Ross Road, expressing their appreciation of the
professionalism and concern shown by police officers who had answered their calls in the
middle of the night. Mr. Mahayni commended the Police Department.
Steve Schainker advised that the Town Budget Meeting will occur on October 7, 2003, at 7:00
p.m. in the City Council Chambers. If citizens cannot make it to the meeting, written comments
may be sent to the City Manager’s Office at 515 Clark. Citizens are also encouraged to call in
during the meeting with their concerns or comments.
Council Member Cross acknowledged the announcement by the Iowa Court System that
misdemeanor fines can now be processed electronically. He asked if the City of Ames will have
that type of service available. Mr. Schainker said that he will check with the Finance Director
to see if electronic payments can be made for parking fines.
Council Member Vegge said that he is pleased to see the Arts Festival moving back to the
Downtown. He is also anxiously anticipating the creation of the Main Street Cultural District.
Council Member Hoffman pointed out that the Mayor’s term as the President of the Iowa League
of Cities comes to an end this week. She congratulated him on the excellent job that he has done
this year. Ms. Hoffman also commented that his work at the Capitol was above and beyond the
call of duty.
Ex Officio Member Johnston requested that a representative of the Police Department report
back to the City Council in a month concerning whether the employees of Mo-Jazz have
attended training on identifying false ID’s. He also thinks that the training should be made
mandatory.
Moved by Mahayni, seconded by Hoffman, to direct that the Police Department report back to
the City Council on whether employees of Mo-Jazz have attended training.
Vote on Motion: 1-5. Voting aye: Mahayni. Voting nay: Cross, Goodhue, Hoffman, Vegge,
Wirth. Motion failed.
Mayor Tedesco advised that if the City Council were interested in mandating training for
employees of liquor-licensed establishments, they would need to direct the City Attorney to
issue an opinion. Council Member Cross said that he does not feel it is necessary to ask staff
to spend time on this; it is an obligation of the liquor licensee to not only abide by the law, but
take advantage of a service that the City provides for free.
CLOSED SESSION: Moved by Goodhue, seconded by Cross, to hold a closed session as provided
by Section 20.17(3), Code of Iowa, to discuss collective bargaining.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to reconvene the regular meeting.
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Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 9:23 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
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