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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/28/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 28, 2003 The Ames City Council met in regular session at 7:00 p.m. on the 28th day of October, 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. CONSENT AGENDA: 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 October 14, 2003 3. Motion approving renewal of the following beer permits and liquor licenses: a. Class C Liquor and Outdoor Service Area - Big Shots, 2522 Chamberlain Street b. Class C Liquor - Café Escape, 2402 Lincoln Way c. Class C Liquor - Café Beaudelaire, 2504 Lincoln Way d. Class B Liquor - Comfort Suites, 2609 Elwood Drive e. Class C Beer and Class B Wine - The Keg Shop, 218 Welch Avenue, Suite 3 f. Outdoor Service Area - The Meeting House, 823 Wheeler Street, Suite 4 g. Class C Beer - Southgate Expresse, 110 Airport Road h. Class C Liquor and Outdoor Service Area - Thumbs, 2816 West Street i. Class C Beer and Class B Wine - Wheatsfield Grocery, 413 Douglas Avenue 4. Motion referring Petition for Voluntary Annexation of property known as the “Ringgenberg Farm,” generally located west of Cedar Lane and south of Oakwood Road, to the Planning and Zoning Commission 5. Motion referring Petition for Voluntary Annexation of property located at 2400 Oakwood Road (Oakwood Road Church) to the Planning and Zoning Commission 6. Motion directing staff to not bid on CSI Building located at 115 S. Sheldon Avenue 7. Motion directing City Attorney to draft ordinance revising parking regulations on Maryland Street 8. RESOLUTION NO. 03-411 approving quarterly investment report for period ending September 30, 2003 9. RESOLUTION NO. 03-412 approving change in Police Department's check policy for investigation of insufficient funds 10. RESOLUTION NO. 03-413 approving Consultant Services Agreement with Engineering Alliance, Inc., for 2004/05 CyRide Route Reconstruction (Ontario Street - Georgia to North Dakota) 11. RESOLUTION NO. 03-414 approving Consultant Services Agreement with the Howard R. Green Company for 2004/05 Arterial Street Rehabilitation (Mortensen Parkway - Gateway Hills Park Drive to Elwood Drive) 12. RESOLUTION NO. 03-415 approving agreement with Concetta Morales for Skate Park art 13. RESOLUTION NO. 03-416 approving preliminary plans and specifications for Electric Power Transformer for Dayton Avenue Substation; setting November 19, 2003, as bid due date and November 25, 2003, as date of public hearing 14. RESOLUTION NO. 03-417 approving preliminary plans and specifications for Electric Switchgear for Dayton Avenue Substation; setting November 19, 2003, as bid due date and November 25, 2003, as date of public hearing 15. RESOLUTION NO. 03-418 awarding contract for six law enforcement sedans to Wright Chevrolet of Carlisle, Iowa, in the amount of $105,048 16. RESOLUTION NO. 03-419 accepting completion of the Resource Recovery System Improvements/Reject Truck Bay Project 17. RESOLUTION NO. 03-420 accepting completion of the Demand Generation Project for the Water Pollution Control Plant 18. RESOLUTION NO. 03-421 accepting completion of public improvements for Northridge Subdivision, 5th Addition, and releasing security therefor 19. RESOLUTION NO. 03-422 approving Final Major Plat for Airport Road Subdivision, 2nd Addition Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one spoke during this time. CLASS C BEER PERMIT AND CLASS B WINE PERMIT FOR ALDI, INC.: Moved by Vegge, seconded by Goodhue, to approve a Class C Beer Permit and a Class B Wine Permit for Aldi, Inc., 1301 Buckeye Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. CLASS C LIQUOR LICENSE FOR 212 MAIN PUB & GRILL: Mayor Tedesco announced that staff had requested to pull this item from the agenda due to the establishment not being ready for the issuance of a Certificate of Occupancy. ENCROACHMENT PERMIT FOR BUILDING FOOTINGS AT 216 STANTON AVENUE: Moved by Hoffman, seconded by Mahayni, to approve the encroachment permit for building footings at 216 Stanton Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR BUILDING FOOTINGS AT 119 STANTON: Moved by Hoffman, seconded by Mahayni, to approve the encroachment permit for building footings at 119 Stanton Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR BUILDING FOOTINGS AT 2519 CHAMBERLAIN AVENUE: Moved by Hoffman, seconded by Mahayni, to approve the encroachment permit for building footings at 2519 Chamberlain Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Vegge commented that he believes the City Council is trying to make every attempt to work with developers; however, it seems to him that the City has either been taken advantage of here or that there was not the proper communication. He hopes that this does not happen again in the future and doesn’t think there is an excuse for it to happen three times. REQUESTS FROM AMES MAIN STREET DISTRICT: Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-423 approving the request for the City to provide and waive fees for electricity for holiday lighting on downtown buildings from November 22 through December 27, 2003. 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. 03-424 approving the request to suspend parking enforcement for the Central Business District all day on Saturdays and from 5-6:00 p.m. on Monday through Friday from November 22 through December 27, 2003. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RECREATION/AQUATICS COMPLEX: Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 03-432 setting date of special election on bond issue for December 9, 2003, as requested by the “Friends” group. Karen Strehlow, 212 N. Russell, Ames, spoke on behalf of the supporters and members of the “Friends for Ames Recreation Complex.” She thanked the City Council for this opportunity and for listening to the public concerns about the lack of adequate recreation and aquatic facilities in the Ames community. The “Friends” group is asking the City Council to set December 9th, 2003, as the date of a bond issue 2 election for the Recreation/Aquatics Complex. Ms. Strehlow said that it is imperative that the City move ahead to coincide with the Ames Middle School construction time table. After seven years of public input; community surveys; user group meetings, studies, and reports, the “Friends” group firmly believes that now is the time to give the people of this community a chance to vote on this very important project. Scott Strehlow, 212 N. Russell, Ames, and Ben Utesch, 3336 Bayberry Circle, Ames, seventh-graders at the Ames Middle School, expressed support for the proposed Recreation/Aquatics Complex. Mr. Strehlow stated that his and Mr. Utesch’s families had been involved in many sports programs and see how behind our city is in places to play basketball, indoor soccer, volleyball, and swim. Both young men are competitive swimmers and explained the difficulties encountered by the multiple teams that must share the High School Pool with swim teams and lap swimmers. Mr. Strehlow said that with the new proposed pool, Ames could host meets, which would mean Ames families would not have to journey to Des Moines, Boone, Cedar Rapids, Iowa City, Mason City, Marshalltown, or many other communities that have 50-meter competitive pools. He said there are many youth who would like to practice AAU basketball and indoor soccer and host tournaments in Ames instead of spending their parents’ money and time traveling to other towns. Duane Sorenson, 521 Forest Glen, Ames, explained the many benefits that families and individuals would reap from a multi-user complex, i.e., easy access with the zero-depth entry to the pool for people of all ages; fun activities with water slides and water novelties; water exploration in the leisure area; lap swimming for the fitness swimmer; deep water exploration in the outdoor pool, with deep water jogging and diving. Mr. Sorenson pointed out that both pools would be very beneficial for aquatic education, and water therapy classes and users would love the indoor pool as it would be a warm-water facility. During non-public hours, the outdoor pool could be configured as either a 50-meter pool or a 25-yard pool to meet the needs of the competitive swimmers and divers. Others could use it for kayaking; canoeing; water polo; underwater hockey; synchronized swimming; scuba diving; water basketball, volleyball; and families and individuals would enjoy it during the winter months. Council Member Vegge asked how the “Friends” group arrived at the date of December 9. Mr. Sorenson explained that they wanted Ames citizens to be given a chance to vote on this issue. They wanted to make sure that the special election was not held over the Thanksgiving or Christmas holidays; they didn’t want to wait until after the holidays because some residents leave Ames for the winter, and they wanted those persons to also be able to vote. Mr. Sorenson described some of the promotional activities that the “Friends” group plans to undertake prior to the election. Julie Richey, 3217 Nixon Avenue, Ames, advised that she was not connected to any AAU groups, club sports, school athletics, or any other special interest groups that are most likely to use the Ames “Rec Plex.” She said that she was here only as a member of this community. Ms. Richey said that she doesn’t golf, but doesn’t want to live in a community that doesn’t support good golf courses. She stated that she no longer has children in the Ames Schools, but she doesn’t want to live where the community doesn’t support good schools. Also, she is not a regular patron of the Ames Library because she works in a school library, but she wants to live where there are good libraries. Ms. Richey advised that she will vote for the new “Rec Plex” even though she is not sure how much she personally will use it because she thinks that’s what it means to be part of a community. It means that you support projects and ideas because they will make the community a better place to live for the people who currently reside there and make your community look attractive to others who may be considering making it their home. Ms. Richey believes there is a huge need for more gym space, and the pool situation is inadequate. She feels that it is time to come together as a community and support this Recreation/Aquatics Complex for the City of Ames. Perry Rathe, 2125 Country Club, Ames, spoke as a physician and father of four in this community, he urged the Council to support the proposed Recreation/Aquatics Complex and set the date to vote for December 9. In his opinion, Ames has not made a commitment to exercise and fitness as have other surrounding communities. He feels Ames needs more and better recreation facilities. As a physician, 3 he addresses the problem of obesity in our population everyday; being overweight is associated with diabetes, hypertension, heart disease, joint problems, and other diseases. Unfortunately, our children are more sedentary, and physicians are definitely seeing more obesity in our young people. As a parent, Mr. Rathe said it is constantly a struggle to find gym space for young people to practice basketball. He said on several occasions last winter, he was unable to find a gym for his six-year-old to shoot baskets. Mr. Rathe said that it is amazing to him that such an affluent community has not made a commitment to exercise and fitness. He believes that Ames needs to build this new facility for the kids as well as adults and urged the Council to support efforts to make this Recreation/Aquatics Complex a reality. Jim Hallihan, 1322 Illinois Avenue, Ames, spoke first as a father, saying that his 17-year-old son has chosen not to take part in a lot of things that kids shouldn’t do, yet it’s frustrating that he can’t find a gymnasium to go shoot baskets. He would like to see the opportunities be available to kids who choose to do these types of activities. Secondly, he spoke as the Director of Iowa Games, stating that he travels the state of Iowa and is absolutely amazed at the quantity and quality of facilities in communities much, much smaller than Ames. He feels that it is an embarrassment for a community the size of Ames to have such a lack of adequate facilities. Mr. Hallihan said that right now, Ames has four basketball courts in the entire city that can be used for multi-purpose reasons; no elementary school has such a facility. Speaking on behalf of the Iowa Games, he said they set an all-time record of 18,719 participants last year. They are having to go to different communities because of a lack of facilities here, and it would help the Iowa Games and ensure that the Games continue to be held in Ames if there were facilities available. Mr. Hallihan said that he cannot imagine anyone not voting for this; there is just no question that the community of Ames needs this. John Chleborad, 245 Sinclair Avenue, Apartment #313, Ames, spoke as a young professional living in Ames. He said the possibility of having a “one-stop shop” for all fitness needs is very exciting. He is a young professional who has chosen to make his home in Ames. As a former ISU student, he had previously used the Lied Recreation Center, but upon graduation, needed to find a new place for exercise. The opportunities in Ames are limited as you cannot go to one place to play basketball, swim, run, and/or play soccer. Mr. Chleborad feels that the “Rec Plex” would be a potential draw for Ames residents, and as a community of over 50,000, he believes that Ames has a duty to offer this type of facility to the citizens. He thinks that if facilities like the “Rec Plex” are not provided in Ames, people will go to other communities where such facilities are offered; Des Moines, Ankeny, and West Des Moines are a few of those communities. Mr. Chleborad said that many of his friends who work in Ames have chosen to live in Ankeny, Huxley, and other communities, but he believes that the “Rec Plex” is a great selling point and may convince people to move to Ames. He said the proposed “Rec Plex” is needed and wanted by young professionals. Craig Marrs, 3020 Hemlock Circle, Ames, representing Youth and Shelter Services as its current Board Chair, advised that the YSS Board met tonight and voted to endorse the proposed Recreation/Aquatics Complex. They made a request that the proposed facility be made accessible to all children and youth despite family income. Mr. Marrs explained that he spent a great deal of time at the YMCA while growing up in Mason City; it was relatively inexpensive and a good place for young people to spend time instead of being involved in the wrong type of activities. He feels that Ames’ young people need the Recreation/Aquatics Complex. Mayor Tedesco informed Mr. Marrs that through the City’s Parks and Recreation Department, there are special programs available for those who need financial assistance. Joe Merchant and his children, Christopher and Amelia, 2820 Northwood Drive, were present. Mr. Merchant advised that he is on the Board of the Ames Soccer Club and he serves as the Under-8 Commissioner. Mr. Merchant said that they would like to play soccer in the wintertime. Other communities offer competitive winter soccer – played with a special ball on a basketball court. He said that Ames soccer groups could use the Recreation Complex in the wintertime with the basketball and volleyball players. Mr. Merchant believes that the Ames’ youth would greatly benefit from it, and he urged the City Council to support the project. Council Member Mahayni pointed out that, in the past, indoor soccer players have had to go to Des Moines or Johnston. 4 Lisa Thorgaard, 3300 Kingman Road, Ames, advised that she has been involved with her two daughters in AAU Basketball for five years. It is very difficult to find gym space. Ames High School Principal Mike McGrory had told Ms. Thorgaard that the more participation of young people in sports, the higher their GPAs. She said Ames prides itself in having superb academics, and she believes that both academics and physical condition go hand-in-hand. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Mayor Tedesco urged the City Council members to vote unanimously to set the date of public hearing for December 9, 2003; the Mayor does not get to vote on resolutions. He said that during most of his political life in Ames, the City Council has been discussing recreation and aquatics facilities in this community, and for most of those years, they have become a high priority. He urged this City Council to vote unanimously in support of December 9, 2003, as the date of the bond issue election. The Mayor reminded everyone that the City Council is prohibited, by Code, from suggesting to citizens how to vote. The Council may give information about the project, but cannot urge people to vote yes or no. That means that the responsibility of selling this project rests on the shoulders of the “Friends of the Recreation/Aquatics Complex.” He extended his appreciation to the “Friends” group for the work that they have done to this point, and he knows that they will continue to work hard for this issue. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 03-433 approving funds for an information campaign about the bond issue. 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 623 NINTH STREET: Mayor Tedesco opened the public hearing. No one wished to speak, and the hearing was closed. Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance rezoning property located at 623 Ninth Street from “S-GA” (Government-Airport) to “RM” (Residential Medium Density). Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Vegge, 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. 3743 rezoning property located at 623 Ninth Street from “S-GA” (Government-Airport) to “RM” (Residential Medium Density). 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 “OUTLOT S” IN THE FIRST ADDITION OF DAUNTLESS SUBDIVISION: The hearing was opened by the Mayor and closed after no one wished to speak. Moved by Cross, seconded by Wirth, to pass on first reading an ordinance rezoning “Outlot S” in the First Addition of Dauntless Subdivision (commonly known as 4807 Mortensen Road) from “RM” (Residential Medium Density) to “RL” (Residential Low Density). Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Vegge, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Goodhue, to pass on second and third readings and adopt 5 ORDINANCE NO. 3744 rezoning “Outlot S” in the First Addition of Dauntless Subdivision (commonly known as 4807 Mortensen Road) from “RM” (Residential Medium Density) to “RL” (Residential Low Density). Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LONGVIEW SUBDIVISION, 2ND ADDITION: Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 03-425 approving partial completion of public improvements. 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 Vegge, to adopt RESOLUTION NO. 03-426 approving Final Major Plat. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON COMMUNICATIONS CABLING PROJECT FOR INFORMATION SERVICES DIVISION: Mayor Tedesco opened the public hearing. There being no one wishing to speak, he closed same. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 03-427 approving plans and specifications and awarding contract to Baker Electric of Des Moines, Iowa, in the amount of $29,036. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REVISED MASTER PLAN FOR NORTHRIDGE HEIGHTS SUBDIVISION (UTHE FARM), GENERALLY LOCATED NORTH OF BLOOMINGTON ROAD, EAST OF GEORGE WASHINGTON CARVER AVENUE AND WEST OF THE UNION PACIFIC RAILROAD TRACKS: The Mayor opened the hearing. No one wished to speak, and the Mayor closed the hearing. Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 03-428 approving the Revised Master Plan. 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 Vegge, to adopt RESOLUTION NO. 03-429 approving the Revised Preliminary Plat. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VACATING LOTS B AND E, SOMERSET SUBDIVISION, 3RD ADDITION (CONTINUED FROM 10/14/03): No one wished to speak and the Mayor closed the hearing. Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION NO. 03-430 approving vacating Lots B and E in Somerset Subdivision, 3rd Addition, and approving the Major Final Plat for Somerset Subdivision, 13th Addition. 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 Vegge, to adopt RESOLUTION NO. 03-431 approving partial completion of public improvements for Somerset Subdivision, 13th Addition. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 6 ORDINANCE REVISING PARKING REGULATIONS ON DICKINSON AVENUE: Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance revising parking regulations on Dickinson Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING LIABILITY INSURANCE REQUIREMENTS FOR VARIOUS CITY PERMITS: Moved by Hoffman, seconded by Vegge, to pass on second reading an ordinance revising the liability insurance requirements for various City permits. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING MECHANICAL CODE AS TO THE CLE REQUIREMENT AND TEST SPECIFICATIONS: Moved by Hoffman, seconded by Cross, to pass on second reading an ordinance revising the Mechanical Code as to the CLE requirement and test specifications. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to suspend the rules necessary for the passage of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Goodhue, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3745 revising the Mechanical Code as to the CLE requirement and test specifications. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ALLOW MODEL HOMES/SALES OFFICES AS A PERMITTED USE WITHIN RESIDENTIAL DISTRICTS: Moved by Vegge, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3742 making a text amendment to allow model homes/sales offices as a permitted use within residential districts. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Wirth, seconded by Hoffman, to refer to staff the request from the manager of Whiskey River to change the parking prohibitions in the Central Business District (CBD) lot from 2 AM - 6 AM to possibly 2:30 AM or 3 AM - 6 AM. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: 7:44 p.m. _________________________________ ________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor 7