HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/23/2002MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA APRIL 23, 2002
The Ames City Council met in regular session at 7:00 p.m. on the 23rd day of April, 2002, 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, Quirmbach, and
Vegge. Council Member Wirth arrived at 7:07 p.m.
PROCLAMATION FOR NATIONAL SAFE DRINKING WATER WEEK: Mayor Tedesco
proclaimed May 5 - 11, 2002, as National Safe Drinking Water Week. Accepting the
Proclamation on behalf of the City were John Dunn, Assistant Director of Water and Pollution
Control; Phil Propes, Water Plant Superintendent; Maryann Ryan, Laboratory Supervisor; and
Dave Blumer, Water Meter Supervisor.
PROCLAMATION FOR ARBOR DAY: April 26, 2002, was proclaimed as Arbor Day by Mayor
Tedesco. Dianne and Dave Brotherson, as representatives of Ames Trees Forever, accepted the
Proclamation.
CONSENT AGENDA: Item No. 12 pertaining to the Consultant Services Contract for East Lincoln
Way Reconstruction was pulled from the Agenda. Moved by Quirmbach, 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 April 9, 2002
3.Motion approving renewal of the following beer permits and liquor licenses:
a.Class C Liquor – Red Lobster #747, 1100 Buckeye Avenue
b.Special Class C Liquor – Great Plains Sauce & Dough Co., 129 Main Street
4.Motion referring petition for annexation of property located at South 16 Street and Daytonth
Avenue to Planning and Zoning Commission
5.Motion directing City Attorney to draft an ordinance for parking prohibitions in Hillside
Subdivision, 7 Additionth
6.Motion authorizing submission of grant application to Governor’s Traffic Safety Bureau
Impaired Driving Program
7.RESOLUTION NO. 02-244 approving City’s Investment Report for the quarter ending March
2002
8.RESOLUTION NO. 02-245 approving Neighborhood Improvement Program grant
9.RESOLUTION NO. 02-246 approving Central Iowa Regional Transportation Planning Alliance
(CIRTPA) proposed FY 2003 Unified Planning Work Program and Budget
10.RESOLUTION NO. 02-248 approving IDOT Agreement for STP Funding of the 2003/04
Arterial Street Rehabilitation -- Lincoln Way (Squaw Creek Bridge to Beach Avenue)
11.RESOLUTION NO. 02-249 approving Release of Contract and Lien for the property located at
5430 Frost Drive in connection with the City’s Phase III Affordable Housing Program in the
Bentwood Subdivision
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12.RESOLUTION NO. 02-250 approving plans and specifications for Rebuilding of Greens No.
6 and 9 at Homewood Golf Course; setting May 16, 2002, as bid due date and May 28, 2002, as
date of public hearing
13.RESOLUTION NO. 02-251 approving plans and specifications for 2002/03 Slurry Seal Program;
setting May 16, 2002, as bid due date and May 28, 2002, as date of public hearing
14.RESOLUTION NO. 02-252 approving plans and specifications for 2002/03 Sidewalk Safety
Program; setting May 22, 2002, as bid due date and May 28, 2002, as date of public hearing
15.RESOLUTION NO. 02-253 approving plans and specifications for 2002/03 Clear Water
Diversion Program; setting May 22, 2002, as bid due date and May 28, 2002, as date of public
hearing
16.RESOLUTION NO. 0-254 approving plans and specifications for 2002/03 Neighborhood Curb
Replacement Program; setting May 22, 2002, as bid due date and May 28, 2002, as date of public
hearing
17.RESOLUTION NO. 02-255 approving plans and specifications for 2002/03 Storm Sewer Intake
Rehabilitation Program; setting May 22, 2002, as bid due date and May 28, 2002, as date of
public hearing
18.RESOLUTION NO. 02-256 approving contract and bond for 2000/01 Arterial Street
Rehabilitation Program (Dayton Avenue Railroad Overpass Across Union Pacific Railroad)
19.RESOLUTION NO. 02-257 approving contract and bond for 2000/01 Arterial Street
Rehabilitation Program (Dayton Avenue Reconstruction Project - 13 Street to Lincoln Way)th
20.RESOLUTION NO. 02-258 accepting completion of the sidewalks and releasing financial
security for Country Gables, 9 Additionth
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.
REQUEST OF AMES MAIN STREET DISTRICT FOR USE OF FLOWER BEDS ON MAIN
STREET: Moved by Goodhue, seconded by Cross, to approve the request of the Ames Main Street
District Association (AMSDA) to use the triangular planting beds on Main Street and to use two
tree pots (one on each side of Main Street) for test planting of annual flowers, with the
understanding that if the trees are damaged, the AMSDA will replace them with comparable
trees.
Vote on Motion: 6-0. Motion declared carried unanimously.
2002 SHRINE BOWL ALL-STAR FOOTBALL CLASSIC PARADE: Moved by Cross,
seconded by Wirth, to adopt RESOLUTION NO. 02-259 approving the request of the Ames
Convention & Visitors Bureau and Chamber of Commerce to close intersections/street sections
on July 27, 2002, from 10:30 - 11:30 AM to prohibit on-street parking along parade route; to
allow usage of west City Hall parking lot for staging; and to waive costs for directing traffic.
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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Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 02-260 approving the request
for a Blanket Temporary Obstruction Permit and waiver of Permit fee.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON CONSTRUCTION OF A SKATE PARK: Mayor Tedesco opened the public
hearing. There being no one wishing to speak, he closed the hearing.
Parks & Recreation Department Director Nancy Carroll named the sources of funding, which
include $50,000 in Local Option Sales Tax; a state of Iowa grant for one-third of the total project
costs (up to a maximum of $50,000), and a commitment from the private sector to raise $50,000.
Ms. Carroll advised that staff has identified the following funding sources to accomplish the
construction of a 10,425-square-foot Skate Park should the City Council so desire:
1.Municipal Pool HVAC System Renovation Project Savings - $30,000 (FY 2001/02)
2.Shelter Renovation (versus Replacement) at Brookside Park - $17,000 (FY 2001/02)
3.Reducing the number of improvements included in the rehabilitation to the former Park
Maintenance Shop - $6,500 (FY 2001/02)
4.Anonymous Donation - $27,500 (FY 2002/03) will be used to purchase and install play
equipment adjacent to the new shelter in Inis Grove Park; $27,500 will be redirected in the
CIP to the Skate Park project
Deb Eckard, 811 Duff Avenue, Ames, thanked the City Council for caring about the youth in
Ames and allowing this project to come to fruition. She stated that she was equally impressed
by the efforts of the young people with this endeavor.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 02-261 approving
identified funding sources and redirecting $80,593 in Parks & Recreation funding, as noted
above.
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 Hoffman, to adopt RESOLUTION NO. 02-262 approving final
plans and specifications and awarding a contract to MLS Landscaping of Granville, Iowa, in the
amount of $179,519.30.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR THE CONSTRUCTION OF
A 12-PLEX APARTMENT BUILDING LOCATED AT 3910 TRIPP. The hearing was opened
by Mayor Tedesco. No one wished to speak, and the hearing was closed.
Moved by Goodhue, seconded by Hoffman, to adopt RESOLUTION NO. 02-263 approving the
Major Site Development Plan for the construction of a 12-plex apartment building located at
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3910 Tripp Street.
Roll Call Vote: 6.0 Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR WINDSOR POINTE
APARTMENTS LOCATED AT 3803, 3807, 3811, 3815, 3819, 3905, 3911, and 3917 TRIPP
STREET. The public hearing was opened by Mayor Tedesco. He closed same after no one wished
to speak.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 02-264 approving the Major
Site Development Plan for Windsor Pointe Apartments located at 3803, 3807, 3811, 3815, 3819,
3905, 3911, and 3917 Tripp.
Roll Call Vote: 6.0 Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON TEXT AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO
SCREENING OF MECHANICAL EQUIPMENT: Mayor Tedesco opened the public hearing.
The hearing was closed when no one wished to speak.
Moved by Goodhue, seconded by Hoffman, to pass on first reading an ordinance making a text
amendment pertaining to screening of mechanical equipment.
Roll Call Vote: 6.0 Motion declared carried unanimously.
BICYCLE LICENSES: Police Chief Loras Jaeger gave the history behind this issue.
Moved by Goodhue, seconded by Wirth, to approve elimination of biennial bicycle licensing and
fee and creation of joint City/ISU bicycle registration.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Wirth, to direct the City Attorney to draft an ordinance
revision to Chapter 4 relative to the change in bicycle licensing/registration.
Vote on Motion: 6-0. Motion declared carried unanimously.
CHAMBERLAIN STREET RIGHT-OF-WAY: Attorney Frank Feilmeyer, 618 Douglas Avenue,
Ames, representing Terra Firma, asked the City Council to vacate the Chamberlain Street right-
of-way and sell it to Terra Firma in exchange for paying all associated costs with vacating and
disposing of said right-of-way. Mr. Feilmeyer gave a chronology of events occurring since the
subject area was platted in 1900. He explained that Terra Firma and the City have conflicting
claims to the south 2.20 feet of the 3.69 feet requested, and the remaining 1.49 feet requested
would “clean-up” and straighten out the lot lines for the City and the owner along the south side
of Chamberlain Street.
Paul Wiegand, Public Works Director, advised that the City’s position about the parcel in
question (of being jointly owned by the City and Terra Firma) is that the property was sold to the
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City by the Railroad and then sold off again in error to Theodore Landsberg; this would have
been an unauthorized sale since the Railroad did not own the property at that time.
Moved by Hoffman, seconded by Wirth, to set the date of public hearing on an ordinance to
vacate 159 sf of Chamberlain Street right–of-way for May 14, 2002.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Quirmbach, seconded by Cross, to adopt RESOLUTION NO. 02-265 proposing sale
of the vacated right-of-way to Terra Firma for $2,075 and setting date of public hearing for May
14, 2002.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
VISIONAIRE CORPORATION: Moved by Quirmbach, seconded by Hoffman, to adopt
RESOLUTION NO. 02-266 approving the VisionAire Settlement Agreement for RISE Grant
Repayment in the amount of $244,850.
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 Hoffman, to authorize the City Attorney to initiate appropriate
legal proceedings to recoup the remaining balance in the event that VisionAire fails to make a
required payment on any one of the dates shown on the repayment schedule.
Vote on Motion: 5-0-1. Voting aye: Cross, Hoffman, Quirmbach, Vegge, Wirth. Voting nay:
None. Abstaining: Goodhue. Motion declared carried.
VOTING PRECINCTS FOR ANNEXED LAND: Moved by Hoffman, seconded by Wirth, to pass
on second reading an ordinance to include annexed land (around Ames Quarry) in Ward 2,
Precinct 4.
Roll Call Vote: 6-0. Motion declared carried unanimously.
REZONING OF PROPERTY LOCATED NORTH OF THE STONE BROOKE
SUBDIVISION, EAST OF GRANT AVENUE, SOUTH OF 190 STREET, AND WEST OFTH
HIGHWAY 69 FROM “A” (AGRICULTURAL) TO “S-GA” (GOVERNMENT/AIRPORT
DISTRICT) AND FROM “RL” (RESIDENTIAL LOW DENSITY) AND “F-PRD”
(PLANNED RESIDENCE DISTRICT) TO “S-GA” (GOVERNMENT/AIRPORT DISTRICT)
A/K/A AMES QUARRY: Moved by Wirth, seconded by Hoffman, to table third reading and
adoption of this ordinance until the May 14, 2002, meeting.
V ote on M otio n: 6 -0 . M o tion d eclared ca rr ied unanim ou sly.
TEXT AMENDMENTS TO CHAPTER 31 OF THE MUNICIPAL CODE REGARDING
HISTORIC PRESERVATION ZONING DISTRICTS (TO MAKE REVISIONS
PERTAINING TO FENCES, RETAINING WALLS, AND TRASH AND ANIMAL
ENCLOSURES): Moved by Cross, seconded by Wirth, to pass on third reading and adopt
ORDINANCE NO. 3658 amending Chapter 31 of the Municipal Code regarding historic
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preservation zoning districts (to make revisions pertaining to fences, retaining walls, and trash
and animal enclosures).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
TEXT AMENDMENT TO THE ZONING ORDINANCE PERTAINING TO SETBACKS
FOR COUNTRY HOUSE CORNER LOTS IN THE VILLAGE RESIDENTIAL (“F-VR”)
DISTRICT Moved by Goodhue, seconded by Quirmbach, to pass on third reading and adopt
ORDINANCE NO. 3659 making zoning text amendments pertaining to setbacks for country
house corner lots in the Village Residential (“F-VR”) District.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
TEXT AMENDMENT TO THE ZONING ORDINANCE AT SECTION 29.406 RELATING
TO OFF-STREET PARKING REQUIREMENTS, TABLE 29.501(4)-5 RELATING TO
CHILD DAY-CARE FACILITIES, TABLE 29.1202(5)-2 RELATING TO MINIMUM
FRONTAGE REQUIRED FOR SINGLE-FAMILY ATTACHED DWELLINGS IN THE
SUBURBAN RESIDENTIAL MEDIUM-DENSITY FLOATING ZONE, AND TABLE
29.1202(6) RELATING TO LANDSCAPE BUFFER REQUIREMENTS IN THE SUBURBAN
RESIDENTIAL FLOATING ZONE: Moved by Hoffman, seconded by Cross, to pass on third
reading and adopt ORDINANCE NO. 3660 m aking zoning text am endments to Section 29.406
relating to off-street park ing requ irem ents, T able 29.5 01 (4)-5 relating to Child Day-Care Facilities,
T able 29.120 2(5 )-2 relating to M inim um F ron tage requ ired for single-fam ily attached dw ellings
in the S u bu rb an Resid en tial M edium -D ensity Floa ting Z o ne, an d T ab le 29 .1 20 2(6 ) re lating to
Landscape Buffer Requirem ents in the Suburban Residential Floating Zone.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE AMENDING SECTION 28.403(2)(j) OF THE MUNICIPAL CODE
PERTAINING TO THE UTILITY RETIREMENT PLAN’S PARTICIPANT REVIEW
BOARD: Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt ORDINANCE
NO. 3661 amending Section 28.403(2)(j) of the Municipal Code reducing the number of Council
members serving on the Utility Retirement Plan’s Participant Review Board from two to one.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE PROHIBITING THE PLACEMENT OF UPHOLSTERED INDOOR-TYPE
FURNITURE ON UNENCLOSED PORCHES AND YARDS OF RENTAL HOUSING:
Moved by Hoffman, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO.
3662 prohibiting the placement of upholstered indoor-type furniture on unenclosed porches and
yards of rental housing.
Council Member Quirmbach advised that the problem residents are concerned about in the
neighborhood west of Campus is upholstered furniture that is left out in the elements and
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allowed to rot. However, Mr. Quirmbach said he had also heard from students who would like
to be able to sit outside on upholstered furniture in their yards for short periods of time.
Moved by Quirmbach, seconded by Goodhue, to amend the wording of the proposed ordinance
to read, “...occupants shall not permit to remain overnight, on the yards or open porch areas, any
upholstered furniture, or other furniture, manufactured for use indoors.”
Vote on Motion: 4-2. Voting aye: Cross, Goodhue, Quirmbach, Vegge. Voting nay: Hoffman,
Wirth. Motion declared carried.
Mayor Tedesco advised that this issue will now need to be sent back to the City Attorney to draft
a new ordinance, and the process will start over.
ORDINANCE AMENDING CHAPTER 21.201(1) OF THE MUNICIPAL CODE TO
SPECIFY WHEN A PLUMBING PERMIT IS NEEDED: Moved by Hoffman, seconded by
Wirth, to pass on third reading and adopt ORDINANCE NO. 3663 amending Chapter 21.201(1)
of the Municipal Code to specify when a plumbing permit is needed.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Moved by Hoffman, seconded by Cross, to refer to staff the following: letter from
David Thompson dated April 23, 2002, requesting a waiver of subdivision regulations for
property located at 2321-220th Street; letter from Chuck Winkleblack dated April 23, 2002,
regarding possible modification to the Zoning Ordinance to allow a convenience store in
Somerset Subdivision; and a letter from Leon Wuebker dated April 1, 2002, requesting a waiver
of the subdivision regulations for property located at 2226/2227 - 229 Place in Boone County.th
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Goodhue asked the staff to follow up on a letter from Chuck Winkleblack that
also pertained to the possible construction of a convenience store in Somerset, which was
referred by the City Council on February 26, 2002.
Moved by Goodhue, seconded by Cross, to direct staff to look at compatibility standards and
incorporate set-back standards and possibly some design features, e.g., design of the building,
height, and landscaping for the South Lincoln Sub-Area.
Vote on Motion: 6-0. Motion declared carried unanimously.
Planning and Housing Director Brian O’Connell pointed out that there is a drastic difference in
what can be built in the Highway-Oriented Commercial zoning district and what can be built in
the Mixed-Use area.
Council Member Vegge commended Dean Lewis and Barry Groos for organizing the clean-up
of the College Creek neighborhood.
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Moved by Cross, seconded by Goodhue, to direct the City Manager to ask the Chief of Police
to report to the City Council at a future regular meeting on the illegal drug activity in the Ames
area.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Wirth, to direct staff to invite the Economic Development
Commission and Chamber of Commerce to come before the City Council to provide feedback
on the Commercial Land Development Study.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 8:08 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor