HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/17/2002MINUT 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 D EC EM BE R 17, 2002
The A m es City Council m et in regular session at 7:00 p.m . on the 17th day of D ecem 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
presiding and the follow ing C ou ncil m em bers present: C ross, G oo dh ue, H offm an, Q uirm bach, V egge,
W irth.
M ayor T edesco m ade the follow ing annou ncem ents: (1) T he C ity C ou ncil w ill be w ork ing from an
A m ended Agenda. (2) Item #22 pertaining to the Am es A rea M etropolitan Planning O rganization
Boundary M ap and Intergov ernm ental A greem ent had been pulled at the request of City staff. (3)
T here are letters placed arou nd the d ais from M ary A nn Lund y, ex pressing h er desire to b e appointed
as t h e 4th W ard rep resen tative; an d fro m Ev C och ran e & A sso ciates, w hich n eed s to b e re ferred to
staff.
M ayor T edesco ad vised that F ou rth W ard C ou ncil Representative H erm an Q uirm bach has sub m itted
a letter of resignation, to be effective January 2, 2003; he is the Iow a Senator-Elect for D istrict 23. The
M ayor recognized Council M em ber Q uirm bach for his seven years of dedicated service to the citizens
of A m es.
T he M ayor inform ed the Co un cil that he w as app ointing C ou ncil M em ber Cro ss as M ayor P ro T em
for 2003.
P RES ENTATION OF IW P CA S ERVICE AW ARD: G len Peter son from the Iow a W ater Pollution
C on trol A ssociation (IW P C A ) ho no red several past and present em ployees from the A m es W ater
and Pollu tion Con trol Dep artment and City M anagement fo r th eir lead er ship an d d ev otio n o f time
to ad min isterin g the d aily affairs of th e Asso ciatio n. M ayor Tedesco accep ted th e Letter of
A pp reciatio n on beh alf of the C ity.
DIS CUS S ION OF VISION STATEMENT: M ayor T edesco introduced Beth C ross and Jeff Johnson,
C o-C hairs of the V ision for A m es Citiz ens C om m ittee.
M s. C ross gave the history behind the d rafting o f a com m un ity vision for A m es. S he ex plained
h ow the V ision fo r A m e s C itizens C om m ittee w as form ed an d the process u sed to arrive at th is
vision . The C om m ittee’s charge w as to study the C ity’s curren t strengths and un realized
oppo rtunities and recom m end a future vision for A m es. M s. Cross stated that the challenges w ere
the form ation of the C om m ittee an d the review ing of a nu m b er of ex istin g civic, co m m er cial,
m edia, and ind ivid ual rep orts tha t ex presse d m any d ifferen t vision s for A m es. Sh e said no single
report truly spelled out a com prehensive vision for our city -- a vision that w ould build on the
strengths, charm , and character of A m es, w hile encouraging C ity and U niversity leaders to think
alon g com m on lines.
M r. Johnson described the five “cornerstones” that the Com m ittee w anted to em brace in the vision,
as follo w s: (1 ) Cu lture, inc lud ing arts an d cu lture an d dive rsity; (2) E co no m y, includ ing econ om ic
d ev elop m en t and tech no log y and hu m an capital an d w o rk eth ic; (3 ) E d ucatio n; (4) E n viro nm ent,
2
including not only the envir onment, bu t also sense of place, transportation, housing, and r ecreation
and entertainm ent; an d (5) P artnersh ips and Caring, including w ellness and safety, neighb orh oo ds,
and partnerships.
M r. J o h n so n t o ld the C o un cil it w as o bv iou s that the w h ole arena surro un ding the futur e o f a
bioeconomy, especially in the areas of food safety and food supply, is of increasing po tential and
con cern to A m ericans and the w orld. H e r ev iew ed the find ings of the C om m ittee, reading key
opinions and specifically bringing atten tio n to the need for A m es to diversify its tax base. M r.
Johnson then read the V ision Statem ent, as follow s: “Paying close attention to protecting and
enhancing the quality of life cornerstones of ou r co m m unity and im pacting economic grow th,
A m es, Iow a, w ill beco m e the nation ’s lead ing com m u nity in d ev elo ping the w o rld’s b ioeco n om ic
future, especially in the areas of fo o d safety and foo d su pp ly.” H e follow ed it w ith the tag line:
“A m es Iow a...A dv ancing new ideas for a healthier w orld.”
A t th e inq u iry of C o un cil M em ber C ro ss, M r. Jo hn so n ex plaine d the n ex t step s re ga r d in g this
vision. Those steps are: (1) T he M ayor, City Council, City M anager, and the Cham ber should w ork
to revise the focus of the A m es Economic D evelopment Com m ission to position this v ision a
priority. O nce that is done, this group also m ust w ork hand in hand w ith Iow a S tate, the G overnor,
and State Legislator s to a c hieve collective results. (2) T he tagline shou ld appear o n all printed
m aterials, including banners, etc. (3) T he City m ust create a strategic plan to build on the spirit of
the vision . (4) The City needs to h ave a city entrance plan that reflects this vision and better
w elco m es visitors to ou r city.
M oved by Cross, seconded b y G oodhue, to adopt RES O LU TIO N N O . 02 -629 endorsing the vision
statem ent conceptually and encouraging the Citizens C om m ittee to develop the elem ents necessary
fo r an effective im plem entatio n str ategy.
Roll Call V ote: 6-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
S TAF F RE P ORT ON COLL AB ORATION W ITH AMES RENTAL P ROPE RT Y OW NERS
A S S O C IA TIO N : M ayor Tedesco introduced Vanessa Baker Latim er , H ousing C oordinator, and
R einy F riedrich, m em ber of the A m es Rental Prop erty O w ners’ A ssociation . M s. B aker Latim er
updated the Council on the status of the Rent Reasonableness H ousing Survey, w hich is sent
biannually to registered property owners in the City to obtain inform ation regarding the housing
un it in the areas of rent, utilities, and am enities. S he ad vised that in O ctob er 2000 , add ition al
inform ation w as requested in the Surv ey to ascertain vacancy rate and square foo tage. M s. Baker
Latim er said that the co sts for con du ctin g the S urvey are paid for by the A m es R en tal P ro perty
O w ners’ A ssociation. In November 2002, another survey w as conducted, and as an incentive for
the p ro perty ow ners to participate, they w er e offered a ch an ce to w in a $4 0 re st a u r a n t gift
certificate if the com pleted Survey w as returned by N ovem ber 27; 53% returned their Surveys by
that date.
M r. F ried rich said that for this S urvey to be a true ind icator o f R en t Reaso nablen ess, p ro perty
ow ners o f all 9 ,000 rental units in A m es m ust respon d to the S urv ey. H e explained w hy the S urv ey
w as being conducted.
3
M ayor T edesco drew the nam es of the w inn ers of the gift certificates, as follow s: U nd er-10 U nits:
B arb M ussm an, 62 7 Crystal; 10 -49 U nits: Jack N ord yke; 50 -99 U nits: Ron and M ary Jane Evan s,
1 11 Lyn n; 10 0-19 9 U nits: C hris M artin , 13 3 Beed le; 20 0+ U nits: H un z iker P ro perty M an agem en t;
A ll O w ners: Barb M atson and D avid Larson.
CONSENT AGENDA: Moved by Hoffman, seconded by Wirth, to approve the following items on
the Consent Agenda:
1.M otion app roving p a yment o f claims
2.M otion a pproving minute s of the regular meeting of De c e mbe r 10 , 20 02
3.M otion app rov ing renew al of the follow ing beer perm its/liqu or licenses:
a.C lass B Liqu or - B est W estern S tarlite V il l age, 26 01 E. 13 Streetth
b .C lass C Liqu o r - T h e B reak , 1 1 5 M ain Street
c.Cl a ss B Be e r - Pizza Pit, 207½ W elch Avenue
4 .RE S OLUTION NO . 0 2 -6 1 3 ap p ro v in g ap p o in tmen t o f Rus s Cro s s to M in i-Bo a rd o f t he
C o n feren ce B o ard
5.RESOLUTION NO. 02 -614 a pproving 20 02/03 M ini-Gr a nt Contr a c t s for Ar t s Fu nding
6 .R E S O LU T IO N N O . 0 2 -61 5 ap p rov ing M in i-G ran t C o n tracts fo r A rts F u n d ing carry-ov ers
(from Fall 20 02 to S pri ng 20 03)
7.R ES O LU TIO N N O . 02 -61 6 ap prov ing han gar leases for H ap’s Air Ser vice
8.R ES O LU TIO N N O . 02 -61 7 approv i ng R elease of C on tr act and Li en for the pr op erty l ocated at
5400 Fros t Drive in co nnection wi th the City’s Ph a se III Afforda ble Hous i ng Program in the
Bentwood S ubdivision
9.RESOLUTION NO. 02 -618 waiving Pu r c ha sing po l i c i e s for do na t i on of used ma t t res ses and
bed fram es for the A ngel Tree Program
10.RESOLUTION NO. 02 -623 approving fr e e ele c tricity for the A mes entryway signage on E. 13 th
Street
11.RESOLUTION NO. 02 -619 accepting completion of W PC Pla nt Oil and Greas e R eceiving
Sta tion
1 2 .R ESO LU T IO N N O . 0 2 -6 2 0 ac cep tin g co m p le tio n o f th e R en o v ated H eatin g/V e n tilation System
and Rep a inting of the Locker Rooms at M unic i pa l Po ol
Roll Call V ote: 6-0. Resolutions declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
P U BL IC FO R U M : N o o ne sp ok e du ring this tim e.
SPEC IA L CLA SS C LIQU OR LIC EN SE FOR M IN SK Y ’S PIZ Z A : M o v ed by G oo dh ue,
seconded by H offm an, to approve the application for a new Special C lass C Liquor License for
M in sky’s Piz z a, 3 60 5 Lin co ln W ay.
V ote on M otio n: 6-0 . M o tion d eclared ca rr ied un an im o usly.
S P EC IA L C LA S S C LIQ U O R LIC E N S E FO R H A M P T O N IN N : M oved by W ir th, seconded b y
Cross, to approve the application for a n ew S pecial C lass C Liquor License for H am pton Inn,
14 00 Sou th D ayton A venue.
V ote on M otio n: 6-0 . M o tion d eclared ca rr ied un an im o usly.
4
SPECIAL CLA SS C LIQ U O R LIC EN SE FO R H O LIDA Y IN N EXP R ES S H O TE L & SU ITES:
M ov ed by G oo dh ue, secon ded by H offm an, to ap pro ve the application for a new S pecial Class
C Liqu or Licen se fo r H o liday In n E x press H o tel & S u ites, 2 60 0 E ast 1 3 S treet.th
V ote on M otio n: 6-0 . M o tion d eclared ca rr ied un an im o usly.
HE ARING ON MAJ OR S IT E DE VE LOPMENT P L AN F OR T HE PL ANNE D RES IDE NCE
D EV ELOP M EN T IN BLOO M IN G TON HEIGH TS W EST SUBD IV ISION (GEN ER A LLY
LOCATED NORTHW EST OF TH E IN TER SEC TION OF H YDE AVENUE AND HARRISON
R O A D ): M ayor T edesco opened the pu blic h earing. T here being n o on e w ishing to sp eak, he closed
the h earing.
The M ayor refer enced a letter placed aroun d the dais fr om Ian M acG illivray, President of the
B loom ington T ow nhom es A sso ciation, 4233 E isenhow er Co urt, A m es. In the letter, M r.
M acG illivray ex pressed concern s ab ou t this new d evelop m ent causing floo ding and uncon trolled
erosion due both to an increase in the total volum e of w ater and the rate at w hich it w ill be
du m ped into a surface drainage chan nel. H e, on behalf of the A ssociation , requ ested assurance
that any necessary adjustm ents to the drainage channel w ill be com pleted as a development
m itigation and do ne so at no cost to the A ssociation . P aul W iegand , D irector o f P ub lic W ork s,
ex plaine d w h ere the storm draina ge discharges ; it travels behind the tow nh om es farthe r to the east.
H e said that the con struction activity th at occu rr ed w ith th e d ev elop m en t o f the deten tion basin
and the im provem ent of H yde A venue included drainage and erosion control on the initial 250'
of the d rainage area. The C ity anticipates com pleting those im pro ve m ents thro ugh a Capital
Im prov em ents P lan project or con cu rr en tly w ith the H ayden Park dev elop m en t. M r. W iegan d said
tha t this prop osed dev elop m en t w ill no t fu rther degr ad e the stream ; the am o un t of w ater w ill
inc rease , b ut th e q uantity at an y on e tim e w ill d ecrease beca use o f the co ntro l facto rs that ar e in
place.
T o m W ittm an, C ivil E n gin eering Co nsu ltan ts, Inc., 240 0-86 th S treet, U nit 12; D es M o ines, said
that this is a m inor revision to the Planned Residence D evelopment. H e explained that the
developer is requesting only to increase the size of the lots to allow for sunrooms and/or decks on
the b ack side of the tow nh om es.
M oved by Cross, seconded by W irth, to approve RES O LU TIO N N O . 02-621 approving the
revised M ajor Site D evelopment Plan.
Roll Call V ote: 6-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
M oved by Cross, seconded by W irth, to adopt RES O LU TIO N N O . 02-622 approving the
Prelim inary Plat of Bloomington H eights W est Plat 2 (a replat of Lots 13 thru 38, O utlot A and
O utlot B of Bloomington W est Plat 1), generally located northw est o f the inter section of H yde
A venue an d H arrison Road , w ith the follow ing stipu lation s:
1.The City Council shall concurrently approve a revised Major Site Development Plan for
the subject property that is consistent with the Preliminary Plat.
5
2.The developer is responsible for the cost of extending and constructing all water, sanitary
sewer and storm sewer utilities, as well as all streets, sidewalks, bike paths, and other
public improvements in the proposed Subdivision.
3.The developer is required to install and dedicate all public improvements prior to approval
of the Final Plat or execute an Improvement Agreement to guarantee the completion of all
public improvements and provide security in the form of an Improvement Guarantee, as
set forth in Section 23.409 of the Municipal Code.
Roll Call V ote: 6-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
D I SC U SSI ON OF P R O P E R T Y C O N V E R S IO N S FRO M APA R TM EN TS TO
CON DOM INIUM S: City M anager S teve Schainker explained that a num ber of apartm ent ow ners
h av e su bm itted the lega l pro ceed ing s to the C ity to con vert the ir ap artm en ts to co nd om iniu m s in
order to qualify for a tax advantage m ade possible by Section 499 B of th e Io w a C o d e. M r.
S ch aink er adv ised tha t the Co de S ectio n lacks the nece ssary clarity to in for m cities o f the ir role
in this co nv ersio n p ro ces s. H e ex plaine d that S ection 4 9 9B .3 allow s for no tificatio n to the C ity
of the owners’ intent to convert to condom inium s by requiring a 60-day notice prior to recording
the docu m ents w ith the Cou nty Record er; how ever , it d o es not provide any guidance for w hat
happens if the City cannot, or chooses not to, establish that the Building Code requirem ents have
been m et. M r. S chaink er explained ho w the process w ork s: (1) T he intent of con version is filed
w ith the C ity to giv e it the o p po rtun ity to v er ify tha t th e C o des h av e b een m et. (2 ) T h e p ro perty
ow ner records the condom inium proceedings w ith the County Recorder. H ow ever, the City is not
certain w hat happ en s after that; it does not app ear that the C ity is th e ap prov in g b od y.
C ity A tto rney John Klaus gave the history behind the law . H e advised that by converting to
con do m inium s, these un its w ou ld be tax ed as residen tial pro perty, and therefore, receive the tax
rollback curren tly set at 51 .67% of m arket value. A s apartm ents, the p rop erties w ou ld b e tax ed
at 100% of their m arket value. M r. Klaus stated that in order for the proper ty owner to receive the
tax benefits of a residential unit for the next tax year, the declaration o f conversion m ust be
recorded prio r to Janu ary 1 .st.
M r. Klaus reported that last year, the City received filings from five property ow ners to convert
five apartm ent buildings to 8 7 co nd om inium un its. N o form al verification w as offered to these
ow ners; how ever, the Building O fficial and the City A ssessor concurred that the recent
con struction dates o f those units indicated com pliance w ith the C ity’s B uilding C od e. In O ctob er
of this year, the City received filings for 75 apartm ent buildings, representing 1,092 units or 11%
of all rental un its.
M r. Klaus stated that it is h is legal o pinion that S ection 499 B .20 o f the Iow a C od e req uires that
the converted units m eet the A m es M unicipal Code chapters relating to buildings (Chapter 5), fire
(Ch ap ter 8), electrical (C h ap ter 7), plumb in g (C h ap ter 21 ), and mech an ical (C h ap ter 32 ). He
advised that the designation of Chapter 5 as the “Building Code of the City” w as done as part of
the process of w ithd raw ing A m es from coverage b y the S tate B uilding Cod e. M r. Klaus pointed
out that this w as done before the condom inium conversion statute w as enacted, and therefore, the
City should not be unintentionally lim ited to applying only Chapter 5 in m aking a Chapter 499B
d eterm inatio n. It w as also p ointed out that filing does n ot app ear to gu aran tee co m pliance. It is
6
assum ed that the favo rable tax status that the p rop erty ow ners are seeking throu gh these
con version s could b e at risk if they cannot pro ve that their units m eet curren t C od e com pliance.
M ayor T edesco adv ised that he had been contacted by A ttorn ey D eb Krau th of the N yem aster Law
Firm . She told him that she represented ow ners of 73 out of the 75 apartm ent buildings, and the
ow ners are not challenging the fact that the “Building Cod e” includ ed n ot only the B uilding Cod e,
bu t also the Fire, E lectrical, P lum bing, and M echanical C o des; they read the law the sam e w ay
as the C ity A tto rn ey.
M r. Schainker stated that the City of Iow a City has set up a form of self-certification w here the
prop erty owners hire an architect/engineer to verify th at th e units were in comp lian ce with the
current Cod es. T his certification is then audited b y their Bu ilding O fficial. H e suggested that
A m es begin a sim ilar pro cess that w ou ld allow the o w ners to ex ped ite the C od e com pliance
verification process. M r. Schainker advised that letters w ere sent to applicable property ow ners
o utlining such a pro ces s. H e said that so m e prop erty ow n ers h av e respo nd ed positively to th is
pro c e ss , h o w ever, others have stated that they do no t agree w ith the City’s interpretation that
w ou ld requ ire com p lian ce w ith all C od es. T he City M anager also b elieves that disc ussion on this
m atter needs to be co ntinu ed w ith the Cou nty to see how this all plays ou t. M r. S chaink er asked
the C ity Cou ncil to give policy direction on this issue.
C ou ncil M em b er G o od hu e p ointed o u t that o f the 7 5 filing s, 60 apartm en t com plex es p re su m ab ly
w ou ld qu alify for co nv ersio n if they had to m eet th e req uirem en ts of the B uild in g C o de on ly;
h ow ev er, if all Co des need to be m et, presu m ab ly only tw o (2 ) of the 75 w ou ld qualify.
M oved by H offm an, seconded by W irth, to direct the M ayor to contact Representative G reim ann,
requesting h er to seek an A ttorn ey G eneral’s O pinion to resolve any disagreem ent over the correct
interpretation of the phrase “Building Code requirem ents” in Section 499B.20.
V ote on M otio n: 6-0 . M otio n declar ed car ried u nanim ou sly.
M oved by Cross, seconded by G oodhue, to direct staff to w ork w ith County officials to clar ify the
role of the C ity w hen property ow ners file for co nd om inium conversions.
V ote on M otio n: 6-0 . M o tion d eclared ca rr ied un an im o usly.
M ov ed by Q u irm bach , secon ded by G oo dh ue, to d irec t staff to estab lish a gu idelin e w h er eb y if
the property owner requests verification from the City that their units are in com pliance, the
property owner is allow ed to engage the services of an architect/engineer to certify that each of
their un its is in com pliance w ith the current Cod es (using the bro ader interpretation , i.e., Building,
F ire, E lectrical, P lum bing, and M echanical). T h e City B u ild ing O fficial w o uld retain the right to
aud it this certification before verifying com pliance.
V ote on M otion : 6-0 . M otion declared carried unan im ou sly.
M r. Schainker reiterated that, based on his understanding of the law at this tim e, property ow ners
do not need to com e to the City for verification of Co de com pliance; therefore, it is not m andatory
for prop erty ow ners to hire certified architects/engineers.
C hu ck W ink leblack , H u nzike r & A sso ciates, 10 5 S . 1 6th S treet, A m es, s aid th at they tran sfer title
to m any co nd om inium s tha t d on ’t hav e certification fro m a licen sed architect o r en gin eer. In his
ex perien ce, he h as never n eeded tha t cer tificatio n for len ding p urpo ses. H e feels that it is un fair
7
to n ow requ ire certification from a licensed architect or en gineer on the con version s already filed
w ith the City, especially sin ce it is o n ly tw o w eeks aw ay from the deadline of January 1st. M r.
W inkleblack advised that they had previously m et w ith the City A ssessor and the City Inspectors
to ascertain the pro cess they need ed to follow , and they follow ed that pro cess.
M att Randall, 420 S. 17 Street, A m es, feels that the Iow a Code is unclear and needs to beth
questioned to the A ttorney G ener al. H e feels ther e is no reason for the C ity C ouncil to make any
decision s at this tim e w hen there are so m any un kn ow ns.
Reiny F riedrich, representing R . F riedrich & Sons, Inc., 619 E. Lincoln W ay, A m es, said that the
property ow ners w ith w hom he has spoken are not arguing C odes. It is the opinion of M r.
Friedrich that if the state of Iow a w ould change the tax code and get m ulti-fam ily housing into a
residential classification , this w o uld n ot be at issu e. H e ask ed the M ayo r to b ring this issu e u p to
the Iow a League of C ities.
DAYTON IN D U STR IAL PAR K SU BD IV ISION , GEN ERALLY LOC ATED EAST O F SOU TH
DA YTON AVENUE AN D APPROXIM ATELY ONE-QUA RTER M ILE SOUTH OF EAST
L IN C O L N W A Y : D irector of P lann ing and H ou sing B rian O ’C on nell stated that the developer has
requested ap pro val of the P relim inary P lat for D ayton Ind ustrial Park S ub division . H e explained
that the land is proposed to be subdivided into 13 lots for industrial land use, ranging in size from
0.6 8 acres to 1.81 acres.
M r. O ’C on nell advised that Jon C hester, representing the A rm stron g F am ily T rust, requ ested that
the City participate in the underground piping of an open drainage w ay along the north side of the
pro po sed D ayton Ind ustrial P ark S ub division . P aul W iegand advised that the d rainage w ay w as
in ex isten ce w h en th e area w as strictly agricu ltural an d p rior to an y area d ev e lo p men t. As
development took place, the drainage from the east w as controlled through the use of a detention
pond such that the runoff rate w as not increased. M r. W iegand explained that the developers of
this Sub division believe that the C ity sho uld p articipate in the drainage w ay enclosure, ex pected
to co st approx im ately $3 0,000 , because a p ortion of the run off is com ing from the C ity-con trolled
d eten tion basin. B ecau se the prop osed drainage w ay en closu re on ly deals w ith priv ate prop erty,
no public gain is m ade by enclosing the drainage w ay. It w as also pointed out by M r. W iegand
that over tim e, the property owner has m oved the drainage w ay no rth; originally, it connected
directly w ith a 48" culvert un der D ayton A ven ue. S ince the developers have m od ified the drainage
w ay, staff believes it sho uld re m ain their re spo nsibility.
P ertain in g to the installation of san itary sew er, M r. O ’C o nn ell adv ised that the develo per is
proposing to extend an 8" sanitary sew er m ain in the right-of-w ay for South Dayton A venue fr om
the sou th bo un dary of the Su bd ivision o n ly to th e p ro po sed right-o f-w ay for A rm stron g S treet,
a d istan ce o f 3 83 .0 feet. S taff, ho w ever, b elieves that it is n ecessa ry that th e s a n it a r y sew er in
D ayton A venue b e ex tend ed along the entire w est bo un dary of the p rop osed S ub division , a total
d istan ce of 6 63 .9 0 feet, to serve d ev elop m en t of the prop osed S u bd ivision and p ro perties no rth
and w est of this Subdivision. M r. O ’C on nell explained that staff is recom m ending that the
resp on sib ility fo r th e c o st of ex ten ding sanitary sew er alon g the north 28 0.9 feet of the So uth
D ayton A v en ue righ t-of w ay, adjacen t to th e w est bo un dary of the S u bd ivision , be d ivid ed evenly
(50 /5 0) betw een the d ev elop er an d the C ity.
8
C ou ncil Memb er W irth left the meetin g at 9:00 p.m.
Pertaining to the developer’s request for a w aiver of the requirem ent of sidew alk installation, Paul
P op elka, E ngineering P lus, 612 F ifth S treet, A m es, said that this develop m ent is planned for large
lots with in du strial users, and there will be little or no pedestrian traffic w ithin this setting. He
pointed out that the w aiver of the sidew alk im provem ents w ould significantly reduce the costs of
dev elop m ent and subseq uent costs to prop erty ow ners. M r . P op elka rem ind ed the C ou ncil that
there are sim ilar projects w here these im p r o vem ents have b een w aived, includ ing the A m es
C om m un ity Ind ustrial P ark, w hich is located directly east and n orth of this pro perty. H e feels that
this request is based on the very sam e conditions. H e pointed out that the developer is constructing
a b ike path on D ayton , the co sts of w h ich are ap prox im ately $1 ,0 00 /lot.
R egard ing the stor m sew er issu e, M r. P op elka stated th at the d ev elop er is req uesting that the C ity
participate in th e c osts associated w ith the undergro un d p iping because a po rtion of the w ater
com es from the retentio n po nd loc ated at the A m es Ind ustrial P ark, P hase I. H e said that the y w ill
concede on the storm sew er issue if the City w ill do likew ise on the sanitary sew er issue. The
developer alleges that he w ill receive no benefit from the extension of the sanitary sew er north of
the Subdivision . M r. P op elka advised that the developer agrees w ith all stipulations being
pro po sed by staff except N o. 6, i.e., that the co sts of ex tending sanitary sew er in the right-of-w ay
for S ou th D ayton A venue along the north 2 80 .9 feet of the S ub division be divided even ly betw een
the dev elop er and the C ity.
M oved by G oodhue, seconded by Cross, to adopt a resolution approving the request to w aive the
sidew alk installation req uirem en t.
V ote on M otion: 3-2. V oting aye: C ross, G oodhue, V egge. Voting nay: H offm an, Q uirm bach,
V egge.
R esolution failed.
M oved by V egge, seconded by G oodhue, to adopt RES O LU TIO N N O . 02-631 requiring
sidew alks on on e side of the street, w ith the developer and City to determ ine on w hich side the
sidew alk will be constr ucted.
Roll Call V ote: 5-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
M oved by G oodhue, seconded by Q uirm bach, to deny the request for City financial participation
relating to storm w ater drainage im pro vem ents.
V ote on M otio n: 5-0 . M o tion d eclared ca rr ied un an im o usly.
M oved by G oodhue, seconded by H offm an, to approve R ES O LU TIO N N O . 02 -624 approving
the P relim inary Plat w ith stipu lation s, as follo w s:
1.A note must be included on the Final Plat that states that access to Lot 1 from South Dayton
Avenue is granted only on a temporary basis, until such time that Southeast 5 Street, eastth
of South Dayton Avenue, is constructed to connect with South Dayton Avenue.
9
2.A note must be included on the Final Plat that states that access to Lots 2 and 3 is restricted
to Armstrong Street.
3.The developer is responsible for the cost of constructing all streets, sidewalks, bike paths,
and other public improvements, as required in the Economic Development Agreement
approved by Resolution No. 02-467 on August 27, 2002.
4.The developer is responsible for the cost of extending all water, sanitary sewer, and storm
sewer utilities in the right-of-way for Armstrong Street and Glidden Avenue as well as one-
half of the cost of constructing water main improvements in the right-of-way for Southeast
5 Street.th
5.The developer is responsible for 100 percent of the cost of extending sanitary sewer in the
South Dayton Avenue right-of-way from a point on the south boundary of the Subdivision
north for a distance of 383.0 feet.
6.The cost of extending sanitary sewer in the right-of-way for South Dayton Avenue along
the north 280.9 feet of the Subdivision will be divided evenly (50/50) between the
developer and the City of Ames.
7.Water connection fees along South Dayton Avenue must be paid prior to or as a part of the
submittal of the Final Plat documents.
8.No construction for street improvements associated with Armstrong Street, Glidden
Avenue, and Southeast 5 Street shall commence prior to the required right-of-way beingth
owned by the Developers or the City of Ames.
9.The developer is required to install and dedicate all public improvements prior to approval
of the Final Plat or execute an Improvement Agreement to guarantee the completion of all
public improvements and provide security in the form of an Improvement Guarantee, as
set forth in Section 23.409 of the Municipal Code.
10.On-street parking will not be allowed on the streets in this Subdivision.
11.The developer shall be responsible for the construction of a ten-foot-wide bicycle path
along the east side of South Dayton Avenue.
12.A Development Agreement shall be signed prior to the submittal of the Final Plat
documenting the responsibilities of the developer and the City in the development of this
site.
Roll Call V ote: 5-0. Resolution declared adopted unanim ously, signed by the M ayor, and hereby
m ade a portion of these m inu tes.
10
2 00 2/03 IN -F IL L SID EWALK A S S E S S MEN T P R O G R A M: Paul W iegand rem ind ed the C o un cil
that, on Jun e 11, 20 02 , they app ro ved a matrix th at id en tified the most imp ortant segments. He
explained the notification process that the City w ill follow to inform the property owners of the
assessment pro gram.
M ov ed by G o od hu e, secon ded by C ro ss, to acc ep t the prio rities as presen ted an d direct staff to
dev elop the 2 00 2/03 S idew alk Infill A ssessm ent Program for the follow ing streets:
G rand A venue from 15 Street to 24 S treetthth
13 Street from Burnett A venue to Kellogg A venueth
South 3 Street from South 4 Str eet to W alnut A venuerdth
South 4 Street from H azel A venue to Grandw ood A venueth
South Dakota A venue from Lincoln W ay to Clem ens
V ote on M otio n: 5-0 . M o tion d eclared ca rr ied un an im o usly.
6 S T R E ET R EC O N S TR U C TIO N A N D ST R EE TS C A P E IM P R O V E M EN TS : Paul W iegandTH
gave the b ackgroun d o n this project. H e explained that the C ity hired Kirkham M ichael
C on sulting E ngin eers to lead th e design effort fo r this project. M r. W iegand explained th at two
pu blic m eetings w ere held to present the project concepts and glean pu blic inp ut. T he co ncep t plan
being presen ted is a culm ination of the p ub lic inp ut and gu idan ce from th e steering com m ittee.
M r. W iegand briefly review ed the com ponents of the street reconstruction and streetscape
im pro vem ents.
M oved by Cross, seconded by H offm an, to adopt RE SO LU TIO N N O . 02-625 approving the
Concept Plan.
R oll C all V ote: 4-0 -1. V oting aye: C r o ss, H offm an, Q uirm bach , V egge. V oting nay: N on e.
A bs ta in ing: G oo dh ue. Resolution declared adop ted, signed by the M ayor, and hereb y m ade a
po rtion of these m inu tes.
M oved by C ross, seconded by H offm an, to adopt RES O LU TIO N N O . 02-626 approving the
con tract w ith F irst A m erican Bank fo r leaseho ld interest.
R oll C all V ote: 4-0 -1. V oting aye: C r o ss , H offm an, Q uirm bach , V egge. V oting nay: N on e.
A bstaining: G oo dh ue. R esolution declared ad op ted, signed by the M ayor , an d h ereby m ade a
po rtion of these m inu tes.
M oved by Cross, seconded by H offm an, to adopt RES O LU TIO N N O . 02-627 approving the
con tract w ith W olters Prop erty, L.C ., for fee title.
R oll C all V ote: 4-0 -1. V oting aye: C r o ss , H offm an, Q uirm bach , V egge. V oting nay: N on e.
A bstaining: G oo dh ue. R esolution declared ad op ted , s igned by the M ayor, and hereb y m ade a
po rtion of these m inu tes.
M oved by C ross, seconded by H offm an, to adopt RES O LU TIO N N O . 02-628 accepting deed of
W olters Property, L.C.
11
R oll C all V ote: 4-0 -1. V oting aye: C ross, H offm an, Q u ir m bach , V egge. V oting nay: N on e.
A bstaining: G oo dh ue. R esolution declared adop ted, signed by the M ayor, and hereb y m ade a
po rtion of these m inu tes.
OR D IN ANCE REP E AL ING S ECTION 1.7 OF T HE CITY CODE PE RT AINING T O THE
C ITY FL A G : M ov ed by H offm an, secon ded by G oo dh ue, to pass on secon d rea d in g a n o rdinan ce
repealing S ection 1.7 of the C ity C od e pertaining to the C ity flag.
R oll C all V ote: 6 -0 . M o tion d eclared ca rr ied un an im o usly.
ORDINANCE E S T AB L IS HING P ARKI NG R E G U L A T IO N S IN S O U T H F ORK
S U B D IV ISIO N : M oved by H offm an, seconded by G oodhue, to pass on third reading and adopt
ORD INA N C E N O . 369 6 establishing park ing p roh ibition s in Lon gview Subdivision, 1 A ddition.st
Roll Call V ote: 6-0. O rdinance declared adopted unanim ously, signed by the M ayor, and her eby
m ade a portion of these m inu tes.
C O M M EN TS : M oved by H offm an, seconded by G oodh u e, to refer to staff the letter from Robert
G oodwin dated Decem ber 13, 2002.
V ote on M otio n: 5-0 . M o tion d eclared ca rr ied un an im o usly.
C ou ncil M em ber H offm an read an ex cerpt from a m agazine article en title d , “S aving the Last
G reat Places on Earth,” tha t highligh ted s om e o f the acc om p lish m en ts o f p ion eer A da H ayden to
con serve prairies. S he prov ided the article to the City for use in pub licity cam paigns.
M ov ed by H o ffm an , seco nd ed by Q u ir m b ach, to direct staff to draft an ordina nce to pro hibit
serving unlim ited alcoh ol for a fix ed p rice.
V ote on M otio n: 5-0 . M o tion d eclared ca rr ied un an im o usly.
M oved by G oodhue, seconded by Cross, to refer to staff the letter from Ev Cochrane and
A sso ciate s d a te d D ecem b er 17 , 2 00 2, requ estin g that th e C ity rev iew its current po licies w ith
rega rd to m ulti-fam ily dev elop m e n t w ith p arking stru ctur es in the R H z on es o f th e U niversity-
Im pacted A reas.
V ote on M otio n: 5-0 . M o tion d eclared ca rr ied un an im o usly.
CLOSED SESSION: Moved by Quirmbach, seconded by Cross, to hold a closed session as
provided by Section 20.17(3), Code of Iowa, to discuss collective bargaining.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Goodhue left the meeting at 9:35 p.m.
Moved by Cross, seconded by Hoffman, to reconvene the regular meeting.
Vote on Motion: 4-0. Motion declared carried unanimously.
Moved by Cross, seconded by Vegge, to adopt RESOLUTION NO. 02-630 approving the
contract with PPME, Local Union 2003 (Police Union).
12
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
A D JOU R N M EN T: 9:50 p.m.
_______________________________________________________________________
D iane V oss, City Clerk Ted Tedesco, M ayor