HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/26/2002MINUT ES OF THE REGULAR ME E T ING
O F TH E A M ES C ITY C O U N C IL
A M ES , IO W A N O V EM BE R 26, 2002
The A m es City Council m et in regular session at 6:36 p.m . on the 26th day of N ovem ber, 2002, in the
C ity Cou ncil Cham bers in C ity H all, 515 C lark A venue, pursuant to law w ith M ayor T ed T edesco
p resid ing and the fo llow ing C ou ncil m em bers p resen t: C ross, G o od hu e, H o ffm an , a nd W irth. Co un cil
M em b er V egge arriv ed at 6:52 p.m . Co un cil M em ber Q u irm bach w as ab sen t.
M ayor T ed esc o pointed o ut to the C ity C ou ncil that a letter d ated N o vem ber 26, 20 02 , from M erlin
Pfannkuch, 1424 Kellogg A venue, A m es, had been placed around the dais as had a sheet com paring
the 200 2/03 and 200 3/04 agen cy req uests for ASSE T.
REVIEW O F ASSET GUIDELINES: M ayor Tedesco recognized R ob W iese and Kevin M un gon s,
tw o volun teers serv ing o n t h e A n alysis o f S ocial Serv ices E valu ation T eam (A S S E T ). S heila
Lundt, A ssistant City M anager, stated that A S S E T is loo king to the City C ou ncil for d irection as
to how they w ould like the City’s volunteers, and by extension, the rest of the volun teers, to
prioritize services for the C ity’s fun ding. S he referenced the docu m ent pro vided to the C ou ncil that
listed priorities set by the City of A m es as w ell as tho se of the other fund ers. M s. Lundt clarified
tha t the do cu m en t com p aring the 2 00 2/03 and 2 00 3/04 agen cy req uests distributed to the C o un cil
ton igh t in clud ed info rm ation kno w n to date. S he po inted o ut th at o n th e C o nsen t A gen da for this
m eeting, there is a recom m endation from A SS ET that additional m onies be given to AC PC and
C hild S erve d uring this fiscal year. The ad dition al fun ding is to help p ay for som e of the children
w ho m oved to those agencies after Children’s Services of Central Iow a closed. She stated that the
$52 ,6 04 listed und er the 2 00 2/03 A ctu als w as th e am ou nt th at A S S E T o r igina lly set asid e in
F eb ru ary for C hild ren’s Serv ices o f Central Iow a, bu t since they closed , that m o ney w en t bac k to
the Lo cal O ption Fun d Balance. Acco rd in g to Ms. Lu nd t, the origin al total that ASSET
recom m end ed in F ebruary 20 02 w as $7 78 ,8 62 . M s. Lu nd t adv ised that, if the C ity Co un cil
app ro ves th e add ition al fu nd ing for A C P C and Ch ild S erve ton ight, an add ition al $2 8 ,6 25 w o uld
be added to the 2002/03 contracts for the tw o groups. S he pointed out that this amount w ould be
$40 ,0 0 0 - $5 0 ,0 0 0 for 2003/04 to encom pass an entire year; the $28,625 w as for a partial year.
M ayor Tedesco clarified that the request for 2003/04, w ith this added in, w ould be an increase of
approxim ately 12% over 2002/03.
M s. Lundt stated that one of the m ajor issues facing A SS ET this year w ill be cuts in state funding
to m any of the agencies, and by ex ten sio n , p r o gram s w hich prov ide the services th at th e C ity
p urch ase s. S he said that a nu m ber of these organ ization s have ask ed fo r f u n d s fro m the C ity to
replace lost state do llars, bu t have no t decreased either levels of service or n um bers of services
offered. M s. Lundt said that it w ould be up to the Council to decide if the City should make up
for the state cuts in funding; additional services w ould not be provided. S he said the agencies are
not m aking cuts in the types of services – in fact they are seeing m ore being offer ed.
M r. W iese said that he doesn’t feel that the C ity should h ave to take on a lot of the funding that the
state h as decided to cut. H e said he know s that the other funders w ill not be increasing th eir
fun ding level by m uch, and som e m ay even be decreasing the am ou nt of fun ds to A S S E T agencies.
M r. W iese cautioned the City to be careful about providing funding increases to agencies to make
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up for lost state dollars. H e felt that it w as som ew hat disappointing that the agencies haven’t cut
p ro gram s back an d haven’t cu t staff; th ey h av e sub m itte d n ew and ex p an ded serv ice req uests. In
his o pinion , it is goo d that w e o ffer a rich variety of services, bu t the C ity is not an endless source
of m oney either. M r. M ungons said one of the key questions the A SS ET panel needs to ask the
agen cies du ring th e fund in g p ro cess is w hat th ey are go in g to do if they do n’t get the m o ney.
Council M em ber H offm an asked if M r. M ungons or M r. W iese w ould suggest any different
p riorities for nex t year. M r. M un gon s said that the y h av e alw ays had sp ecial em ph asis give n to
low - and m od erate-inco m e fam ilies. H e said that w hen the P anel loo ks at the d ifferent areas, rather
than cutting back funding for all agencies, they m ay w ant to look at entire program s that are no
lon ger necessary.
M r. W iese said that A S S E T receives funding requests from agencies that are very sm all. Th ey are
p ayin g fo r ov erhead in s om e situ atio ns w h ere th e s ervice c ou ld b e p ick ed up by an other ag en cy.
H e thinks that it m ay be possible to keep the services the sam e, but pay a low er per-unit cost. M r.
W iese said that the p riorities need to be general eno ugh to fit different situation s. H e adv ised that
he looks at the basic-need services, i.e., food, shelter, child care; areas such as prevention that are
m o re difficu lt to pr ov e a basic n eed m ay b e a lesser prio rity.
Council M em ber G oodhue asked if the other funders had review ed their priorities. Referencing
o u tco m e m easurem ents in the Coun cil’s priorities, M r. G oodh ue asked if any agencies are
p ro viding ou tcome measu remen t to AS SET. M s. Lu nd t said th at they ar e; they have h ad so me
go od training opportunities fo r the agencies an d the vo lu nteers on o utco mes. Sh e said ASSET
w an ts to kno w w hat is really bein g acco m p lished by the program s. M r. M un gon s stated that it
w ou ld be helpful to the agencies if the C ity C ou ncil could state their priorities in the form of an
ou tcom e. H e suggested that the Council hold a w ork session and restate their objectives as
ou tcom es, w hich w ou ld not only help the agencies, but help the P anel as they ev aluate the services.
M ayor Tedesco pointed out that the Council’s focus is to fund program s, not buildings, and he
ask ed if fun ds w ere b eing used fo r o verh ead. M r. M un gon s said that it is po ssib le th at A S S E T is
paying for m ore overhead and m ore adm inistrators than they should. H e is not sure that is paying
o ff i n terms of in creased serv ices. Mr. W iese said th at ASS E T needs to loo k at fo ld in g so me
agencies into o thers if they are providing sim ilar services.
C ou ncil M em b er Cross asked if ther e w as a w ay to state that th e Co un cil w ants sp ecial em p hasis
on enhanced adm inistrative efficiencies. H e feels that if cuts are m ade, overhead usually doesn’t
get cut, bu t services do . C ou ncil M em ber H offm an pointed ou t that if there are m ultiple agencies
offering the sam e services, it shou ld be determ ined w hich agency can b est provide that service at
the best cost.
M s. Lundt said that ano ther thing that the A S S E T P anel struggles w ith is determ ining the agencies
that provide the basic n eed s to keep people safe, as healthy as possible, and off the streets. M r.
M ungons asked the City Council to define basic needs. H e explained that A SS ET provides funding
for organizations such as the G irl Scouts and Boy Scouts, and also to agencies that provide food,
clothing, and shelter.
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Mayor Tedesco asked if th ey gauged prev en tion p ro grams to ascer tain if th ey are effective. He
ask ed if it w ere nece ssary to con tinu e to sp en d m on ey on preventio n program s if the lev el of their
effectiveness is unknown. M r. W iese said he believes that A SS ET w ill be able to track the
effectiveness since th ey now req uire outco mes. Ms. Lun dt adv ised th at so me of th e pr ogr ams
labeled as “prevention” actually provide services such as childcare, w hich pr events children fr om
being left in a hom e unattended; M eals on W heels, and program s thro ugh H om ew ard.
Council M em ber W irth asked if it w ould change the w ay A SS ET looks at allocating funds if the
Council w ere to take their statem ent about low - and m oderate-incom e fam ilies and put it at the top
as N o. 1 . C ou ncil M em b er H offm an ask ed if it w o uld it b e h elpful to A S S E T if the C ity Co un cil
w ou ld ad d a statem ent abou t m eeting basic needs an d d efine basic needs as foo d, clothing,
housing, safe conditions. M s. Lundt said that w ould d efinitely help.
C ou ncil M em b er C ro ss as ked if “In for m ation an d Referral” is s ti ll im p ortant. M s. Lu nd t said
“Inform ation and Referral” is helpful because it provides inform ation on the client w ho is being
served. It also helps prevent duplication of efforts to assist that person and to get the per son to the
program that w ill best serve him or her.
M ov ed b y H offm an, secon ded b y W irth, that the follow ing fun ding priorities be set: (1) S pecial
E m p hasis to b e G iven to Lo w - to M o derate-Inco m e F am ilies; (2) M eets B asic N eed s; (3) C risis
Interventio n ; (4) R espite C are; (5) P revention ; (6) Inform ation and R eferral – w ith sp ecial
em ph asis being given on ou tcom e m easurem ents of the agency for all priorities.
V ote on M otio n: 5 -0 . M o tion d eclared ca rr ied unanim ou sly.
P R O C L A M A TIO N FO R A D O P T IO N M O N TH : M ayor Tedesco pro claim ed N ov em ber 200 2 as
A do ption M on th. A ccepting the P r o c la m ation w as E rin C offet, on b ehalf of Y ou th and S helter
S ervices and the stud en ts an d Ch ild Serv ices of Io w a S tate U niversity.
CONS ENT AGENDA : C ou ncil M em ber C ross asked that Item #11 pertaining to a P rofe ssion al
Serv ices Con tract fo r Grand Aven ue Extension to So uth 5 th Street b e p ulled from the Consent
A genda for separate discussion.
M ov ed b y G oo dh ue, secon ded by C ross, to appro ve the follow ing item s on the C on sent A gend a.
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of November 12, 2002, and special meetings
of November 18 and 19, 2002
5.Motion approving renewal of the following beer permits/liquor licenses:
a.Class C Beer - Kum & Go #113, 2801 E. 13 Street th
b.Class C Beer - Kum & Go #209, 3337 Lincoln Way
c.Class C Beer - Kum & Go #214, 111 Duff Avenue
d.Class C Beer - Kum & Go #215, 4506 Lincoln Way
e.Class C Beer - Kum & Go #216, 203 Welch Avenue
6.Motion approving certification of civil service applicants
7.Motion setting Conference Board meeting dates for January 14 and January 28, 2003
8.Motion accepting the Multiple-Priority Documentation Form entitled “A Home for Science and
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Technology; Ames, Iowa,” as the cover document for the Old Town National Register
Nomination
9.Phasient Technologies:
a.RESOLUTION NO. 02-597 approving submittal of a CEBA application to the state of
Iowa on behalf of Phasient Technologies
b.RESOLUTION NO. 02-598 approving Revolving Loan Fund application
10.RESOLUTION NO. 02-599 approving amendments to 2002/03 Human Service Contracts for
Ames Community Preschool Center and Child Serve
11.RESOLUTION NO. 02-601 approving change orders for 2002/03 Sanitary Sewer
Rehabilitation Program
12.RESOLUTION NO. 02-602 accepting completion of 2002/03 Clear Water Diversion Program
13.RESOLUTION NO. 02-603 accepting partial completion of public improvements and
lessening the security for The Reserve Subdivision
Roll Call V ote: 5-0. Resolutions declared adopted unanim ously, signed by the M ayor, and hereby
m ade a po rtion of these m inu tes.
P ROF ES S IONAL SERVICES CONTRA CT W IT H HOW ARD R. GREEN COMP ANY F OR
GR A N D AV E N U E EXTEN SION TO SO U TH 5TH STR EET: M oved by Cross, seconded by
G oo d h u e, to ado pt R E S O LU T IO N N O . 02-6 00 approv ing the P rofession al S ervices C on tract
w ith How ard R. G reen C om pany for G rand A venue Ex tension to South 5 Str eet, but dir ectingth
that th e stud y b e ex pan d ed to inclu d e ex tend ing G ran d A v en ue fro m S o uth 3 S treet to S o uthrd
16 S treet.th
P ub lic W ork s D irector P aul W iegand advised that b oth the increm ental p rojects o f stop ping at
S o uth 3 Street or So uth 4 Street as w ell as lo ok ing at w h at w ill po tentially b e ex ten ded on tordth
S ou th 1 6 S treet are includ ed in this stud y; the o nly thing w e don’t have is a cost figure pro videdth
for the second elem ent (extending to S . 16 Street).th
Roll Call V ote: 5-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a po rtion of these m inu tes.
P U BL IC F O R U M: N o o ne sp ok e du ring this tim e.
DISCUSSION OF OVER-OCC UPAN CY ISSUES: City M anager Steve Schainker rem inded the
Cou ncil that dur ing com m un ity m eetings w ith residents of the U niversity-Im pacted A rea, a
nu m ber of com plaints regarding po ssible v iolation s o f the occupan cy requ irem ents in the R ental
H ou sing O rdinan ce w ere presented to the staff for inv estigation . H e said that as the staff pursued
the inv estigation of these alleged violation s, it becam e apparent that som e of the o w ners o f rental
properties in Residential-Low (RL) areas believed that their units had been “grandfathered,” and
therefore, they w ere still allow ed to rent to m ore than three un related tenan ts. T his res p on se
caused staff to re-ex am ine the issu e. M r. S ch aink er po inted ou t that the City Co un cil, at their
O cto ber 18 , 20 02 , m eeting, d irected staff to gather data to determ ine how m any sp ecific
prop erties w ere affected by the requ est for gran d fathe ring ren tal u nits in R L areas. In ord er to
better understand this issue, staff d ivided the affected units into five groups. M r. Schainker,
P lanning and H ou sing D irector Brian O ’C on nell, and B uilding O fficial Jeff Pearson ex plained
the five gro up s and sh ow ed m aps iden tifying the ca tegories as follow s:
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1.Category 1: (estim ated 20 properties, of w hich 14 are “single-fam ily” hom es). These are
properties that w ere dow n-zoned from R4 and R3 to RL that are not ow ner-occupied and
no t verifiable in p reviou s Letters of C om pliance.
2.Category 2: (estimated1 2 prop er ties). These a re prop er ties that w er e down-zo ned from R4
and R3 to RL that ar e not owner-occupied and are verifiable in pr evious Letter s of
Com pliance.
3.Catego ry 3: (estim ated 78 pro perties, of w h ich ap prox im ately 10 are “single-fam ily”
ho m es). T hese are pro perties rezoned from R1-6 and R1-1 0 to R L that are ow ner-o ccup ied
and are verifiable in p reviou s Letters of C om pliance.
4.Category 4: (estim ated 882 properties, of w hich 339 are “single-fam ily” hom es). T hese are
properties rezoned from R1-6 and R1-10 to RL that are not owner-occupied and not
verifiable in p reviou s Letters of C om pliance.
5.Category 5: (estimated 33 pr op er ties). These ar e units that w er e r ezo ned fr om R4 a nd R3
to RH and RM that are not owner-occup ied and are verifiable in previous Letters of
Com pliance. A ccording to the ordinance approved by C ity C ouncil, units in this C ategory
are a ll o w e d o n e m o re tena nt th an the n um b er of b ed ro om s, up to fiv e, if the cu rr en t off-
street pa rk ing stan dard s are m et.
Sharon G uber, 125 State A ven ue, A m es, representing the State A venue N eighborhood
Asso ciatio n, stated that their neigh bo rh oo d was R-1 before the passage of the new Zoning
O rdinance and is RL now . She said that the A ssociation is m ainly concerned about allow ing
grand fathering of “fa m ily p lus tw o ro om ers.” O n b ehalf of the A ssociation , M s. G ub er
suggested that the definition o f fam ily be rev isited an d rev ised ; it is f e lt that it is difficu lt to
verify as it is currently defined. M s. G uber said the A ssociation requests that until the definition
is changed, the tenants claim ing a fam ily relationship be required to submit certified proof at the
sig ning of th e lease. Repr esentin g the A ssociation , Ms. G ub er o ffer ed the fo llow in g : (1 ) No
property zoned R L w ill be grandfathered. (2) Properties zoned RL sold after M arch 27, 2001,
w ill be designated “fam ily or up to three un related adults.” (3) P rop erty zo ned R 1 b efore M arch
27 , 200 1, for w hich no v erifiable Letter o f C om pliance ex ists show ing “fam ily + 2" status w as
sou ght and granted after M arch 27 , 20 01 , w ill be designated “fam ily or less than or equ al to 3.”
(4 ) P ro perty zo ned R 1 fo r w hich ther e is a v erifiab le Le tter o f C om p lian ce grantin g op po rtun ity
for “fam ily + 2" status after M arch 27, 2001, as a result of special application, inspection, and
fees, shall h av e the op po rtun ity for an nu al variance fro m “fam ily or less than or eq ual to “fam ily
+ 2.” In this situation, an application for variance w ould be filed annually and the surrounding
neighborhood notified. T he variance w ould require 100% approval from the neighbors. (5)
O p po rtun ities for su ch varian ces or an y gran dfatherin g of d ow n-z on ed prop erties w ou ld ap ply
on ly to ow ners of prop erty prior to M arch 27 , 2 00 1, and w ou ld cease up on sale o f the pro perty
or change of ownership. M s. G uber ad vised that the State A venue N eighborhood A ssociation
urges the development of an Addendum, required to be attached to rental leases, that states the
occu pancy lim itation ; b riefly o utlines the C ity ord inan ces that apply to garbage, parking, no ises,
keg perm its, and other recurring issues; and identifies the consequences for infractions. She
continued saying that the S tate A venue N eighborhood A ssociation strongly supports the V ision
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for the U niversity-Im pacted A rea re gar ding th e sin gle -family detached neighb orh oo ds as health y,
stable, ped est rian-friend ly single-fam ily detached ho m es w ith landscap ed front, side and rear
yards, quiet streets, and social life in the ho m es and backyards. A ccord ing to M s. G ub er, that w as
the w ay State A ven ue N eighb orh oo d w as at one tim e.
F ern Kupfer, 23 20 Knapp S treet, A m e s, rep resenting S .C.A .N . (Sou th C am pu s A rea
N eighborhood) pointed o ut that the “fam ily-plus-tw o-r oomers” description w as elim inated fr om
the Rental C od e. S he stated that S .C .A .N . u rge s that the “fam ily-plus-tw o-ro om ers” clause in
the old Rental Code not be grandfathered-in under any circum stances. M s. Kupfer felt that the
de scrip tion of family in the old R en tal C od e was not meant to in clud e ren ters who des c r ibe
them selv es as co usins in ord er to thw art zon ing law s . S.C .A .N . agrees that prop erties in
Category 2 co uld be gran dfathered -in un til th e prop erties ar e sold; sim ilarly, p r o p e rties in
Category 5 could be grand fathered -in until the prop erties are sold. S .C .A .N . s u ggests that
varian ces be app lied for in s ituation wh ere an e ld er ly co uple wan ts to r en t their upstairs to two
roomers w ho are going to help w ith law n care. Council M em ber Cross asked M s. K upfer to put
these suggestion s in w riting and distribu te sam e to the C ou ncil m em bers.
A l W arren, 3121 M aplew ood Road, A m es, spoke as the ow ner of several rental units in the
affected areas. H e said that, after attend ing several m eetings w here the grand fathering issue w as
discussed, it w as his understand ing that the landlords w ou ld lose no thing if th e recom m end ed
chan ges w ere appro ved. Because of this assurance, M r. W arren adv ised that m any of the affected
landlords did not challenge the changes. M r. W arren said that there had been a process w her eby
landlords could file an application w ith the C ity to be allow ed to continue renting to a fam ily plus
tw o ro om ers. H e stated that he filed su ch ap plicatio ns for fo ur o f h is prop erties. M r. W arren said
that he believes grandfathering protects the property owner, it is effective if it is not abused, and
ev ery land lord need s to be jud ged o n h is o r h er ow n m erits. M r. W arren said he feels stro ngly
that if the landlord ow ned rental pro perty prior to the chan ge in the definition of “fam ily,” tho se
un its sh ou ld b e gra nd fathe red; the land lord s sh ou ld b e allow ed to file app lication s and hav e their
pro perties inspected for com pliance.
G ordon M eyer, 927 Fifth Street, A m es, said that he feels there are a lot of A m es residents w ho
are unaw are of w hat law s govern them . A n Addendum to the lease is alr eady required to b e
signed by the tenants of the rental properties he ow ns. H e feels that it w ould be acceptable for
the C ity to req uire an A dd end um that highlights p ertinent p arts of the R ental C od e to b e signed
by tenants of rental units. M r. M eyer explained that there w as an application process after the
Z on ing O rd inan ce changed in 2 0 0 1 t o be follo w ed by lan dlor ds w h o w anted their units
grand fathered-in by a sp ecial permit, an d he d oesn’t feel land lo rd s sho uld be afforded more time
to app ly. In his opinion, if the owners w ere really concerned about w hat their rights w er e and
how they could use their property, they should have com pleted an application w hen they w ere
no tified of the pro cess. M r. M eyer said h e feels that as lon g as the p rop erty ow ners kno w w hat
the ru les are, they can adapt, but to continu ally change the ru les is unfair to the land lord s.
Joe P au lso n, 321 3 W est, Ames, spo ke a s a l a nd lo rd of prop erties in the affected areas. He
po inted ou t that he has pu rchased ho m es that w ere form e r ly u s e d as ren tals and sold them as
single-fam ily dw ellings. M r. P aulson said that the pro perties w ere purchased w hen certain rules
w ere in place, and it is un fair to the landlord s to change the rules no w . H e believes the p rob lem
is created w hen landlord s do not add ress the com plaints abou t garbage, parking, etc.
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Jim D eppe, 607 Ash A venue, A m es, stated that he w orks in appraisal and believes that the do w n-
zoning that occurred would not relate to a loss of m oney on the part of the landlords if the
dw ellings w ere k ep t as sing le-fam ily. H e said the p ro perties w ou ld sell for the sam e am o un t if
they w ere sold as single-fam ily dw ellin gs o r as r e n tal pro perties. M r. D epp e feels that these
rental p rop erty owners should consider investing in large m ulti-fam ily units and im prove the
neighborh oo ds by getting o ut of renting single-fam ily dw ellings.
Jim G u nn ing , 11 9 H ick ory D riv e, A m e s, stated that he o w n s sev eral pr op erties th at are in
Category 1 and Category 2. H e said that he w ill be incorporating O ccupancy A ddendums to be
signed by his tenan ts in the near future. M r. G un ning po inted ou t that because there have b een
so m any chan ges m ade, it has led to confusion. H e pointed ou t that in the RM and R H D istricts,
there are very specific guidelines that are tied to the num ber of bedrooms. M r. G unning
suggested that the sam e type of req uirem ent be p ut into place for the R L D istrict. H e do es see
a problem existing w hen ther e is a d w ell i ng located in the RL D istrict that has four or five
bedroo m s and the land lord is on ly allow ed to rent to three peo ple. M r. G un ning po inted ou t that
no Letters o f Co m plian ce w er e issu ed fo r a period o f tim e an d ins pectio ns w er e su sp en d ed w h ile
these changes w ere first being im plem ented. M r. Pearson explained that Letters of Com pliance
w ere not sent o ut for approxim ately nine or ten months until som e of these issues could be
resolved. H e said the Inspections D ivision w as allow ing things that they thought m atched the
intent of the C ou ncil; ho w ever, w hen they review ed the O rdinan ce, it did not m atch w hat they
tho ught w as the C ou ncil’s intent. H e stated that m any landlord s still b elieve they have a three-
year cycle to m ake application for grand fathering.
M r. Schainker pointed out that the Council needs to decide w hether they w ant to allow
grand fathering; if so, w hat categories they w ant includ ed; the level of proo f they w ant presented
verifying that the standards w ere for m erly m et; and also the tim e fram e by w hen the landlord
m ust apply for the grand fathering allow ance.
Co un cil M em b er G o od hu e ask ed w h at th e staff felt w as th e C ity C ou ncil’s actio n after the July
10, 2001, m eeting w hen they voted 6-0 to allow grandfathering. M r. Schainker stated that he
thought the City Council w as adopting one of the gr andfather ing positions listed in the A pril 17 ,
2001, staff report; how ever, the ordinance that w as ultim ately approved by the Council did not
reflect this gr an dfatherin g con cept in the R L areas. C ou ncil M em b er W irth said that the Co un cil
did ag ree to gr an dfather; how ev er, w hat is un clear is w heth er o r n ot th ey agree d to gran dfather-in
the tw o ro om ers.
Co un cil M em b er Cross su ggested that this issu e be d ealt w ith sim ilarly to the w ay the Co un cil
dealt w ith the ban on sm ok ing in restauran ts, i.e., thro ugh m ediation . M r. Cro ss recom m ended
that the C ou ncil encou rage tenan ts, lan dlor ds, an d n eighb orh o od gro up s to get to gether, identify
w ork able solution s, and bring their recom m endation s back to the C ity Cou ncil. Cou ncil M em ber
W irth said she did n ot feel tha t m ediatio n w as the answ er; the pro blem is th at th e O rd inan ce is
no t clear, and the C ity C ou ncil need s to clarify it. M s. W irth said Cou ncil needs to clarify if they
approved the grandfathering concept for the RL zone. She indicated that it w as her recollection
that any discussion of gr andfathering w as in term s of zoning and w hat w ent w ith the zoning
district. To h er, this m eant that they w ou ld n ot allow the tw o room ers in situation s w here they
could not verify that they w ere allow ed b efore the new ord inan ce.
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Council M em ber Cross said that he felt they w ere alm ost grandfathering use. H e referenced a
situation on Beedle D rive w here there w as a com m ercial property that w as being rezoned and
un der the new zo ning law s, the co m m ercial use w ou ld n ot h av e been a llow ed , b u t the C o un cil
grandfathered-in the use until such a tim e as the proper ty is sold.
M r. O ’Connell said that he sees the concept of grandfather ing differently in the context of zoning
and use com pared to the concept of how m any occupants a property m ay have as the result of
a definition in the Rental H ousing Code. H e said som e of the principles ar e the sam e, i.e., the
concept of protecting som ething they had before. M r. O ’Connell pointed out that w hat has
chan ged is the d efinition of fam ily in the R ental H ou sing C od e.
City A ttorn ey Joh n Klaus po inted ou t that the discussion at ton ight’s m eeting w as very sim ilar
to that at the C ouncil’s m eeting of July 10, 2001. He advised that there w as ultim ately a m otion
m ad e b y the Co un cil to follo w th e repo rt o f A pril 1 7, 2 00 1; h ow ev er, if you review that repo rt,
it really w asn’t clear w hat the scop e of the grand fathering w as going to entail. M r. Klaus adv ised
that there w as definitely a desire to gran dfather. H e said that grandfathering can be v iew ed as
stating that anyon e w h o had a prop erty that w a s b eing used as a m ulti-fam ily dw elling co uld
continue to use it as a m ulti-fam ily dw elling; how ever , that does not necessarily m ean that the
City m ay no t define how m any people m ay live in the rental unit.
Co un cil M em b er G o od hu e said that he rem em bered s om e o f the d iscussion b ecau se h e m et w ith
affected p rop erty ow ners. H e adv ised that it w as his intent, and his recollection , that Co un cil had
decided to grandfather-in everything in RL. A fter hear ing the testim ony tonight, M r . G oodhue
said that he tho ught the no tion o f “per-bedroom ” w as a goo d suggestion . H e recom m end ed that
th e C ou ncil en gage in so me neigh bo rh oo d d iscu ssio ns d u ring th e n ext 30 days to arr iv e at so me
sort of consensu s.
Co un cil M em b er C ro ss said tha t he rem em bered hav ing qu ite a discu ssio n that, if the C o un cil
approved grandfathering, some of the challenge w ould be in requiring proper ty owners to pr ove
that they w ere allow ed to have occup ancy in their rental units greater than the three un related
perso ns. C o un cil M em b er V egge ask ed w hat ap plicatio ns the rental prop erty ow ners filed w ith
Inspection s. M r. P earson said that the Inspection s D ivision ch anged the app lication for R ental
H o using beca use o f the new occup an cy lim its p laced in the R M an d RH zo nes (w h ere you co uld
have one m ore than the num ber of bedrooms, up to five people). H e advised that during the
billing cycle (A pril), new application s w ere sent to every landlord to ascertain the num ber of
bedrooms. A fter the ordinance on occupancy w as passed, sever al landlords filed a sketch and a
detailed site plan to verify the num ber of bed roo m s and to pro ve to the Insp ection s D ivision that
they w ere “legal.”
Co un cil M em b er Cross su ggested tha t the City h ire an ou tside m ed iator or u tiliz e C ity staff to
w ork with these differing view points to arrive at a com prom ise that w ould be w orkable and not
an adm inistrative nightm are to enforce. C ouncil M em ber W irth said that she w ould like to have
City staff an alyz e th e suggestion s m ade tonight and report back to C ou ncil. S he believes that
land lord s an d ten an ts also need to analyze som e o f the things th at hav e been presen ted tonight.
Council M em ber H offm an said that the underlying issue is that zoning is not rental versus non-
rental; she feels that m ix ing those tw o h as led to con fusion .
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M ov ed by C ross, secon d e d b y V e gge, to en courage landlord s, neighb orh oo d rep resentatives,
tenants, and City staff to p a r ticipate in a facilitation of the occupancy issue w ith a report back
to C ou ncil at their Janu ary 28 , 200 3, m eeting that d etails the recom m ended chan ges to the R ental
H ou sing C od e as a result of the d iscussion s.
V ote on M otion: 4-1. V oting aye: Cross, G oodhue, H offm an, V egge. V oting nay: W irth. M otion
declared carried.
M r. S chain ker ask ed fo r C o un cil d irec tion on the en for cem en t of violatio ns th at hav e cu rr en tly
been inv estigated by sta ff. H e explained that City staff is prep ared to file charges on several
property owners for over-occupancy violations; these w ould not have qualified under any
circum stances. C ity C ou ncil concurred that staff should proceed to file charges on th o se
violators.
T h e meeting recessed at 9:1 2 p.m. an d reco nv en ed at 9:20 p .m.
D ISC U SSION OF PRO PER TY M A IN TEN A N C E OR D IN A N C E: Steve Schainker rem inded the
Co un cil that on July 23, 2002, City staff presented the Council w ith a report regar ding the
concept of a P rop erty M aintenan ce Cod e. H e said that th e y req u es te d that staff ex plore an
ordinance that w ould deal w ith (1) the outside storage of household furniture, furnishings, and
ap pliances: (2) m ax im u m grass/w eed h eights; (3 ) re im b urs em en t from p ro perty o w n er s for co sts
incu rr ed fo r an y w o rk /correctiv e action perfo rm ed by the C ity, and (4) establish m en t of a
neigh bo rh oo d panel to han dle co m p laints. M r. S chain ker stated that staff had researched this
sub ject fu rther, and he presen ted fo ur o ptio ns:
1.O ption 1: M axim um H eight Lim itation A pproach. A ll p lant material, except trees or
shrub s, can be n o taller th a n ____ inch es (6" to 14"). M r. S chain ker indicated that staff
w ould need direction from the Council as to the m axim um height to be allow ed.
2.O ption 2: Regulated Lot Setback Area A pproach. A ll plant m aterial, except trees and
shrubs, in the parking area and w ithin ____ feet (2' to 20') around the perim eter of the lot
can b e no taller than ____ inches (6" to 14"). D irection from C ity C ou ncil w ou ld b e needed
to provide d irection as to the num ber of feet and the m axim um height to be allow ed for
plan t m aterial.
3.O ption 3: Regulated Front-Y ard Setback Appro ach. A ll plant m aterial, ex cept trees and
shrubs, from the street curb back _____ feet (2' to 20') tow ard the house in the front yard
or from the street curb back to the house, w hichever is less, can be no taller than ____
inches (6" to 14"). C ouncil w ould need to pr ovide direction on the num ber of feet and the
m ax im um heigh t of th e plan t m aterial.
4.O ption 4: R egulated Law n A pp roach. Law n areas shall not be any taller than _____ inches
(6 " to 14 "). Co un cil wou ld need to pr ov id e th e maximum heigh t for the lawn ar ea. Lawn
areas could be defined as areas planted predo m inantly w ith turf grass species not
ind igen ou s to N o rth A m er ica tha t are generally co o l-seaso n gra ss species an d their
variations typically intended to be m ow ed. All native plant m aterial (prairie) can be any
height. A ll other non-native m aterials (ornam ental) can be any height as long as they are
10
m aintained w ithin b edd ed areas that require edging and m ulching. A ll no x io u s w e eds as
defined in current Iow a Code are prohibited.
D iscussion ensued as to ho w this ord inan ce w ou ld be enforced . M r. Schainker explained that
the feeling at this po int is that enforcem ent w ou ld b e do ne o n a com plaint basis. H e ind icated that
if this w ere a p riority of the C ou ncil, staff w ou ld find a w ay to en for ce it. H e is no t sure at th is
tim e w hat the enforcem ent w ou ld cost or by w ho m it w ou ld be done.
Cou ncil M em ber C ross believes that this is too m uch regu lation for the am ou nt of problem that
ex ists.
F ern Ku pfer, 23 20 Knap p, A m es, stated that S.C.A .N . w ou ld like to reintrod uce the “co uch
ordina nce.” T hey feel that uph olstered furnitu re left o utside o r on the p orch es of olde r ho m es is
a blight and an em barr assm ent and contr ibutes significantly to the deter ioration of their Cam pus
neigh bo rh oo d. M s. Ku pfer po inted ou t th at there w as a “co uch ord ina nce” p assed by the C ity
Coun cil, b ut it was later v etoed by the M ayor. She ad vised that that she h a s m e t w ith M a yor
T edesco and discussed the three points that he had taken issue w ith: (1) The ordinan ce w as
discrim inatory to renters. S.C .A .N . feels that the ordinance should apply to both hom eow ners
and renters. (2) The fine w as prohibitive to students. S.C.A .N . supports low ering the fine from
$5 00 to $1 00 . (3 ) T h e len gth of time th at up ho lstered furnitu re co uld b e left ou td oo rs. S .C .A.N.
is requ esting a ban on all up ho lstered furniture left ou tdo ors, overnight or at any tim e.
G ary Fox, 818 O nyx C ircle, A m es, said that he is a landlord of properties in the South Cam pus
area. H e feels tha t Kn ap p S treet and H un t S treet b etw een S held on an d H ayw ard are starting to
look like slum areas. M r. F ox b elieves that this is due partly to unprofessional landlords w ho are
not doing regular m aintenance on their property. H e is concerned about his property value. M r.
Fox supports a significant fine being assessed to the landlord and to the tenants w ho violate the
ord inance.
P eggy M urd och , 823 Carroll, A m es, ex plained that she currently has plantings that screen her
neighbor’s fence. S he does n ot hav e air c o n d itioning and has the w ind ow s of her hom e open
du rin g th e s u m m er m on ths; the v egetation also p rov ides a buffer to absorb the so un d of her
neighbor’s air conditioner. M s. M urdoch said that the vegetation also adds oxygen to the air. She
feels that the taller the gra sses an d the deep er the roo ts, the better they are for the en viro nm ent.
Cou ncil M em ber G oo dh ue advised that he sees no driving reaso n for the C ou ncil to pass a
property m aintenance ordinance. H e feels th at this discourages neighborhood dialogue. M r.
G oo dh ue ex pressed his op po sition to the entire ordinance.
Cou ncil M em ber V egge ex plained that he does not w ant grasses to be regulated. H e advised that
he w ould be in favor of doing som ething w ith the “couch ordinance” and regulations pertaining
to su ch things as stored jun ked cars, trash, and bu ilding sup plies stored in front yards.
Co un cil M em ber H offm an said th at she w o uld like to see the fine kep t at a reason ab le am ou nt,
e.g., $1 00 . S he said that the re m u st be a clear d efinition o f w hat is ban ned. M s. H o ffm an feels
that this ord inan ce is necessary for our co m m un ity. S he w ou ld like to see som ething abo ut lon g-
11
term storage of “junk” included in the ordinance. M s. H offm an recom m ended that Par agr aph 2b
(pertaining to vegetation ) be deleted from the p rop osed ord inan ce.
Steve Schainker asked for further clarification of “outdoor placem ent” listed under Paragraph
2a.
M ov ed by C ross, secon ded by V egge, to direct the City A ttorn ey to prepare the residential
prop erty m ain tenance o rd inan ce as presen ted in the staff repo rt, b ut deleting 2 b (pertaining to
vegetation ), add ing language prohibiting househo ld furn iture outside and o n unen closed po rches,
and defining an unen closed porch as no t hav ing fully intact screen or fully intact glass.
V ote on M otion: 4-1. V oting aye: C ross, H offm an, V egge, W irth. Voting nay: G oodhue. M otion
declared carried.
Joh n Klau s clarified that this o rd inan ce w ou ld ap p ly to an yo ne w ho either ow ns or ren ts
prop erty.
D ISC U SSION ON LEGA LITIES A N D PRO C ED U R ES NEED ED TO BE FOLLO W ED TO
FILL THE U PC OM IN G V A C A N C Y O N TH E CITY CO U N C IL: Joh n Klau s adv ised the C o un cil
that a vacan cy in an elective city office d uring a term o f o ffice m ust b e filled. H e p ointed ou t that
Iow a Code Section 372.13 provides that the vacancy be filled by appointm ent by the rem aining
m em bers o f the C ou ncil or by special election . H e said that the ap po inted or elected p erson m ust
be a resident of the Fourth W ard, and the appointm ent w ould be valid until the next election for
a city office or city ballot issue. M r. Klaus said that if the Council decides to make the
appointm ent, no tice of intent to d o so and that the v o ter s h a v e a r ight to p etition for a special
election m ust be pu blished at least fou r days before th e ap p o in tm e nt is m ade. H e adv ised that
there can be n o vo te on the ap po intm ent until after the po sitio n is legally v acan t.
M oved by Cross, seconded by H offm an, that the vacancy be filled by appointm ent w ith the
no tice b eing pu blish ed n ot less than fo ur days p rior to the first regu larly sch ed uled C ity C o un cil
m eeting after the v acancy occurs.
V o te on M o tion : 5-0. M otio n declared carried u nanim ou sly.
DIS CUS S ION ON REP E AL ING SE CT ION 1.7 OF T HE CIT Y CODE P E RT AINING T O T HE
C ITY FL A G : C ou ncil Mem ber Wir th said that since there w as on ly on e citi z en wh o came
forw ard to express interest in the City flag issue, she supports repealing the Section of the Code
pertaining to it.
M ov ed by W irth, secon ded by H offm an, to direct the C ity A ttorn ey to prepare an o rdinan ce
repealing S ection 1.7 o f the C ity Cod e pertaining to the City flag.
J. A . (E arl) Franz , 307 O range, A m es, asked w hat m ade his requ est to h ave a C ity flag flow n at
the entrance to C ity H all so unreasonab le. H e said he feels that a great city deserves a great flag,
and a great city also deserves great leadership. M r. F ranz said he feels that stron g leadersh ip h as
m ad e this C ity greater tha n it w as in 196 4, w hen it first ado pted its flag. H e listed item s that, in
his opinion , m ake A m es a great city. M r. F ranz asked w hat had chan ged that the C ity of A m es
no longer deserves a flag. M r. Franz read excerpts from a paper presented by Edw ard B. Blake
12
to the 35 M eeting of the N orth A m erican V exillological Association, w hich pertained to theth
redesigning of state flags. He noted particularly the steps to follow to get a flag changed to a
succe ssful des ign . H e s a id possibilities to co n sid er w o uld b e to m ake the pub lic greatly
involved, and M r. Franz indicated that he w ould suppor t a no m inati on of som eone fr om the
M ayor’s Y outh Com m ittee and a representative being nam ed b y the ISU G overnm ent of Student
Bod y. M r. Franz said that h e has n ot go ne ou t and sou ght petition s, how ever, he offered to raise
the fund s to replicate the flag to have it flow n at the entrance to C ity H all. M r. F ranz said that
the issu e for h im is th at som eth ing else b esides th e C ity flag is bein g flo w n at City H all; that v oid
is being filled by a flag that says “City of A m es,” but it is not the City of A m es flag. H e does not
believ e it is law ful for the flag w ith the C ity’s lo go o n it to b e p re sen ted to o ur P artne r C ities; it
is not the official City flag. H e also read excerpts fr om a paper presented at the 34 M eeting ofth
the N orth A m erican V ex illological A ssociation . M r. Franz stated that he takes issue w ith the fact
that th e flag w ith the City’s logo on it fills the void w itho ut follow ing the pro cedu re that
established the flag there in the first place.
V o te on M o tion : 5-0. M otio n declared carried u nanim ou sly.
HE ARING ON P ROPOS ED CONVEY A NCE OF THE S OUT H 2' OF T HE NORTH 8' OF
THE W EST 100' OF THE VA C A TED A LLEY THA T A BU TS 1118 GR A N D AV EN U E: M ayor
Tedesco opened the public hearing. There being no one w ishing to speak, the hearing w as closed.
M o ved by C ro ss, seco n ded by G oo dh ue, to ado pt R E S O LU T IO N NO . 02 -6 04 app ro ving the sale
and conveyance to Jessica M ary Jane in the am ount of $418.12.
Roll Call V ote: 5-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade portion of these m inu tes.
M oved by Cross, seconded by G oodhue, to adopt RES O LU TIO N N O . 02-605 accepting the
U tility Right-o f-W ay P erm it and Easem ent.
Roll Call V ote: 5-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a po rtion of these m inu tes.
C ITY C O U N C IL B U D G E T G U ID EL IN E S : City M anager Steve Schainker ou tlined the packet of
inform ation provided to the City C ou ncil on the 200 3/04 bu dget issues.
Finance D irector D uane Pitcher review ed som e of the m ajor budget issues that the City w ill be
facin g for the 2 00 3/04 Fiscal Y ear (F Y ). T he m ajor issu es inclu de H ealth In suran ce, P ro perty
and Liability Insu rance, Fire and Police Retirem ent, Local O ption Sales Tax, Fire Station #3
Costs, Interest Earnings, D ebt S ervice, D epar tm ent of Revenue and Finance A ssessm ent
Lim itation O rder (R o ll Back ), U tility R ates, C yRide , an d C o n v ersion of A partm en ts to
Con do m inium s.
M r. Schainker said that he has m et w ith staff, and as the program s are review ed during bu dget
hearings, the service levels w ill be discussed.
S heila Lun dt advised that the Com m ission O n The A rts (C O T A ) requ est is up 20 % and hum an
service agencies are r equ esting 12 % in additional funding. M s. Lundt said that she do es no t
kn ow w hat the other fund ers are do ing as far as increasing or decreasing their allocation s.
13
M ov ed by C ross, secon ded by H offm an, to allocate a 3% increase for h um an service agencies
fun ded by A S S E T and to fun d CO T A at the sam e lev el as F Y 2 00 2/03 w ith a statem ent that City
Council w ould consider additional funding over the 3% for hu m an ser vice agencies funded b y
A S S E T du e to the changes in C o un cil prio rities m ad e ton ight.
V o te on M o tion : 5-0. M otio n declared carried u nanim ou sly.
ORDINANCE ESTABLIS HING PARKING REGULATIONS IN LONGVIEW SUBDIVIS ION,
1 A D D ITIO N : M ov ed b y G oo dh ue, seco n d ed b y C ross, to p ass on first reading an ord inan ceST
establishing parking regulations in Longview Subdivision, 1 A ddition.st
Ro ll C all V o te: 5-0. M otio n declared carried u nanim ou sly.
ORD I N A N C E ESTA BLI SH I N G PA R KING R EGULAT IONS IN S OUT H F ORK
S U B D IV ISIO N : M ov ed by G oo dh ue, secon ded by W irth, to p ass on seco nd reading an ordin a nce
establishing parking regulations in South Fork Subdivision.
Ro ll C all V o te: 5-0. M otio n declared carried u nanim ou sly.
O RDINANCE ADO PTING TH E 2002 N ATIONAL ELECTRIC CODE: Moved by Goodhue,
seconded by Wirth, to pass on second reading an ordinance adopting the 2002 National Electric
Cod e with two local am endm ents, i.e.,[1] C hange Section 7.1 01 (3), the reference to Se ction 336.4
of the National E lectric Code; and [2] add the following to Section 7.101: “(4) All references in
the aforesaid 2002 National Electrical Code to the building code shall be deem ed a reference to
the applicable building code set out in and adopted by Chapter 5 of the City of Am es Municipal
Code.”.
Roll Call Vote: 5-0. M otion declared carried unanim ously.
M ov ed b y H offm an, secon ded by W irth, to suspen d the rules necessary for the ado ption of an
ord inance.
Ro ll C all V o te: 5-0. M otio n declared carried u nanim ou sly.
M oved by G oodh ue, seconded by V egge, to pass on third reading and adopt O RD IN A N CE NO.
36 93 ado pting the 2002 Nationa l Electric Cod e with two local am endm ents, i.e .,[1] Change
Section 7.101(3), the reference to Section 336.4 of the National Electric Code; and [2] a dd the
following to Section 7.101: “(4) All references in the aforesaid 2002 National Electrical Code to
the building code shall be deemed a reference to the applicable building code set out in and
adopted by Chapter 5 of the City of Am es Municipal Code.”.
Roll C all V ote: 5-0 . Ordinance declared adopted unanim ously, signed by the Mayor, and hereby
made a portion of these m inutes.
O R D INANCE ES TA BLISH ING PA R KIN G R EGUL A T IO N S O N RO Y K EY AVENUE: M ov ed
by W irth, seconded by G oodhue, to pass on third reading and adopt O RD IN A N CE N O . 3694
establishing park ing regulation s on Roy Key A ven ue from W heeler S treet to O rion D rive.
Roll Call V ote: 5-0. O rdinance declared adopted unanim ously, signed by the M ayor, and her eby
m ade a po rtion of these m inu tes.
COM M ENTS : M ov ed by H offm a n , secon ded by G oo dh ue, to refer to staff the letter from A m es
H om ebuilders.
V o te on M o tion : 5-0. M otio n declared carried u nanim ou sly.
14
M r. S ch aink er inform ed t h e C o u n cil that th e S ou th Lin co ln S u b-A rea P lan w ill be on their
D ecem ber 10, 20 02 , agend a.
CLOSED SESSION: Moved by Goodhue, seconded by Wirth, to hold a closed session as provided
by Section 20.17(3), Code of Iowa, to discuss collective bargaining.
Vote on Motion: 5-0. Motion declared carried unanim ou sly.
M ov ed by Goodhue, seconded by Cross, to reconvene the regular meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
A D JO U R N M E N T : 11 :1 2 p.m.
_______________________________________________________________________
D iane V oss, City Clerk Ted Tedesco, M ayor