HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/28/2001 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 28, 2001
The Ames City Council met in regular session at 7:00 p.m. on the 28th day of August, 2001, 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, Hoffman, Quirmbach, and Wirth.
Council Members Campbell and Goodhue were absent.
CALL TO ORDER: 7:00 p.m.
Mayor Tedesco announced that Item #32 on the Agenda and the Council Action Form referring to
the Preliminary Plat for Brookview Place West Subdivision should state that the property is south of
the Union Pacific railroad tracks, not the Chicago & Northwestern.
PROCLAMATION: Mayor Tedesco read a proclamation recognizing the Story County Master
Gardeners and the Noon’s Lion’s Club for their work at Cynthia Duff Plaza. Kate Mason, Barbara
Leeds, and Betty McKern were individually thanked for the leadership roles they assumed with
this project.
PRESENTATION BY BILL CULBERTSON AND PUBLIC ART COMMISSION ON
DESIGN FOR “AMES CIRCLE OF ARTS” SCULPTURE IN BANDSHELL PARK: Nancy
Polster, Chairperson of the Public Art Commission, introduced Patti Kimle, Circle of the Arts
Committee Chair.
Ms. Polster advised the City Council that the Public Art Commission had met today and
unanimously voted to recommend that the City Council accept the proposal and authorize a
contract with Bill Culbertson for creation of the artwork, “Ames Circle of Arts” to be placed in
Bandshell Park.
Mr. Culbertson presented his design proposal for the sculpture, describing the medallions, center
figure, arches, benches, and lighting. He advised that the Commission would like him to do a
little more work on the Theatrical Arts medallion. Mr. Culbertson requested to have a year to
finish the artwork.
Moved by Cross, seconded by Wirth, to accept the design by Bill Culbertson for the “Ames Circle
of Arts” sculpture to be placed in Bandshell Park (in the northwest corner) and refer to staff to
work out the details of an agreement with Mr. Culbertson in the amount of $67,500.
Vote on Motion: 4-0. Motion declared carried unanimously.
The meeting recessed at 7:35 p.m. and reconvened at 7:40 p.m.
CONSENT AGENDA: Moved by Hoffman, seconded by Quirmbach, to approve the following
items on the Consent Agenda:
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1.Motion approving payment of claims
2.Motion approving Minutes of regular m eeting of August 14 and special m eeting of August 21, 2001
3.Motion ap pro ving rene wal of the follow ing beer perm its and liquo r lice nse s:
a.Class C Liquor – Deano’s 119 Main, 119 Main Street
b.Class B Beer – Flam e-N-Skewer, 2801 Grand Avenue
c.Class C Liquor & O utdoor Service Area – Iowa State C enter/Aramark Entertainm ent (Hilton
Coliseum)
d.Class C Liquor – Iowa State Center/Aramark Entertainm ent (Schem an)
e.Class C Liquor – Iowa State Cente r/A ram ark E nte rtainm ent (C .Y. Step hens)
f.Spec ial Class C Liquor – Iowa State Center/Aram ark Entertainm ent (Fisher Theater)
g.Class C Liquor – Okoboji Grill of Ames, 2719 Grand Avenue
4.Motion approving certification of civil service applicants
5.RE S O LU T IO N N O . 01-380 approving A nnual Street Finance Report
6.RESOLUT ION NO. 01-381 approving cooperative agreem ent with Iowa Civil Rights Com m ission
7.RESOLUT ION NO. 01-382 approving the Housing Assistance Payments (HAP) Renewal Contract
and the Annual Contributions Contract (AC C) Renewal in connection with the Section 8 Substantial
Rehabilitation Rental Subsidy Program
8.RESOLUT ION N O. 01-383 approving request to subordinate the City’s second m ortgage lien for the
property located at 5468 Frost Drive in connection with the City’s Ph a se III Affordable Housing
Program in the Bentwood Subdivision
9.RE SO LUT ION NO. 01-384 approving the addition of Exchange State Bank to the approved
depository resolution and the deletion of Brenton Bank from the approved list of depositories
10.RESOLUT ION NO. 01-385 approving additional hum an services contract for FY 2001/02
11.RESOLUT ION NO. 01-386 approving Iowa Arts Council Service Contract for F.A.C.E.S. grant
12.RESOLUT ION NO . 01-387 approving N ew J obs a nd Inco m e Program (NJIP) am end m ent on behalf
of 3-M
13.RESOLUT ION NO. 01-388 approving expenditures for N e ighborhood Improvem ent Projects for
2001/02
14.RESOLUT ION NO. 01-389 approving preliminary plans and specifications for construction of Hard-
Surfaced Trail System in Elwood Pasture; setting September 19, 2001, as bid due date and Septem ber
25, 2001, as date of public hearing
15.RESOLUTION NO. 01-390 waiving formal bidding procedures and approving a contract with JACO
for Transform er Oil Sampling and PCB Testing in the am ount of $55,250
16.RE SOLUTION NO. 01-391 approving change order for Unit 7 Precipitator Retrofit to H am on
Research-Cottrell, Inc., in the am ount of $67,000
17.RESOLUT ION NO. 01-392 acc epting com pletion of Hom ewood G olf Course Irrigation Well
18.RESOLUT ION NO. 01-393 accepting completion of 2000/01 Storm Sewer Intake Rehabilitation
19.RESOLUT ION NO. 01-394 accepting com pletion of E lwood Drive/U. S. Hwy. 30 Traffic Signal and
Grand Avenue Interconnect Project
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
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REQUEST FROM PRISM FIREWORKS TO SHOOT FIREWORKS FOLLOWING THE
ISU/UNI FOOTBALL GAME ON SEPTEMBER 8, 2001: Moved by Cross, seconded by Wirth,
to approve the request from Prism Fireworks to shoot fireworks from the area south of Jack Trice
Stadium following the ISU/UNI football game on September 8, 2001.
Vote on Motion: 4-0. Motion declared carried unanimously.
REQUEST FOR OUTDOOR SERVICE PRIVILEGE AT PADDY’S IRISH PUB & SIPS, 124
WELCH AVENUE FOR SEPTEMBER 14 - 16, 2001 (tabled from 8/14/01): This request was
withdrawn by Andrew White, owner of Paddy’s Irish Pub & Sips at 124 Welch Avenue, via a
letter received by the City Clerk’s Office and placed around the dais.
REQUEST FROM STORY COUNTY TO INTERIM FINANCE A PORTION OF THE EAST
13TH STREET BICYCLE PATH: Moved by Quirmbach, seconded by Cross, to table and refer
back to staff to work with the Story County Board of Supervisors.
Vote on Motion: 4-0. Motion declared carried unanimously.
REQUEST FROM HEARTLAND SENIOR SERVICES TO PLACE SIGNS PROMOTING
THEIR VARIETY SHOW ALONG THE PUBLIC RIGHT-OF-WAY ALONG SIXTH
STREET FROM SEPTEMBER 1 THRU 9, 2001: Paul Wiegand, Director of Public Works, stated
that Traffic Engineer Scott Logan had spoken with Marilyn Johnson of Heartland Senior
Services. Ms. Johnson had asked Mr. Logan to allow the signs to be placed on Duff,
between Sixth and Thirteenth, instead of on Sixth Street. She indicated that the signs would
be 2' wide x 3' high.
Council Member Quirmbach pointed out that there are alternatives available for Heartland Senior
Services; in particular, possibly placing the signs in the front yards of residents. He feels that the
Duff Avenue right-of-way would not be a good location for the signs due to the traffic volumes;
the street is extremely busy and motorists should not be distracted.
Moved by Cross, seconded by Quirmbach, to approve the request of the Heartland Senior
Services to place signs promoting their Variety Show along the public right-of-way along Duff
Avenue, between Sixth and Thirteenth, from September 1 thru 9, 2001.
Vote on Motion: 1-3. Voting aye: Cross. Voting nay: Hoffman, Quirmbach, Wirth. Motion
failed.
HEARING ON PROPOSED RELEASE OF JUDGMENT LIEN ARISING FROM CITY OF
AMES VS. REGENCY BUILDERS, INC., AND REGENCY LAND CO., L.C., FOR LOT 22,
BLOOMINGTON HEIGHTS PLAT 9: Mayor Tedesco opened the public hearing. There being
no one wishing to speak, he closed the hearing.
Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 01-395 approving release
of judgment lien for Lot 22, Bloomington Heights Plat 9.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
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made a portion of these minutes.
HEARING ON REZONING PROPERTY LOCATED AT 1208 DAYTON AVENUE FROM
GENERAL INDUSTRIAL (GI) TO HIGHWAY-ORIENTED COMMERCIAL (HOC): The
public hearing was opened by Mayor Tedesco. Troy Johnston, 13719 Sunset Drive, Spirit Lake,
Iowa, explained that the cranes are no longer located on this property. No one else wished to
speak, and the hearing was closed.
Moved by Cross, seconded by Wirth, to pass on first reading an ordinance rezoning property
located at 1208 Dayton Avenue from General Industrial (GI) to Highway-Oriented Commercial
(HOC).
Roll Call Vote: 4-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTY LOCATED ON THE NORTH SIDE OF SOUTH
16TH STREET ADJACENT TO THE EAST SIDE OF THE ABANDONED RAILROAD
RIGHT-OF-WAY FROM GOVERNMENT/AIRPORT (S-GA) TO AGRICULTURAL (A):
Planning and Housing Director Brian O’Connell explained that the property in question is still
under the ownership of the City. He said that it was contemplated that this property would be
needed by developers to construct a golf course, and the City was proposing to exchange the land
with developers Scott Randall and Janice Walter for adjacent land to obtain sufficient right-of-
way for the future extension of Grand Avenue. This property exchange has not come to fruition,
and City staff is now requesting to keep the zoning as it currently exists.
Mayor Tedesco opened the public hearing. The hearing was closed as no one wished to speak.
Moved by Quirmbach, seconded by Hoffman, to continue the hearing and refer back to staff
pending the land exchange.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTY GENERALLY LOCATED NORTH OF 208
STANTON AVENUE FROM “S-GA” (GOVERNMENT/AIRPORT) TO “DCSC”
(DOWNTOWN/CAMPUSTOWN SERVICE CENTER): The public hearing was opened by
Mayor Tedesco. No one wished to speak, and the hearing was closed.
Moved by Cross, seconded by Wirth, to pass on first reading an ordinance rezoning property
located north of 208 Stanton Avenue from “S-GA” (Government/Airport) to “DCSC”
(Downtown/Campustown Service Center).
Roll Call Vote: 4-0. Motion declared carried unanimously
HEARING ON DOVER DRIVE PAVING ASSESSMENT: A letter in opposition to the proposed
assessment from Ronald and Irene Wesley, 4719 Dover Drive, Ames, had been received and
distributed to the Mayor and Council. A petition affirming support for the project signed by John
and Donna Cleasby, 4805 Dover Drive; Dennis and Ronell Lindeman, 4804 Dover Drive; George
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and Agatha Burnett, 4813 Burnett; and Bernice Donovan, 4810 Dover Drive; had been received
and distributed to the Mayor and City Council. Mayor Tedesco opened the public hearing.
Ronell and Dennis Lindeman, 4804 Dover Drive, Ames, explained that they are in favor of the
paving project. Ms. Lindeman advised that the gravel surface has proven to be detrimental. It is
an inconvenience to their guests during inclement weather, it is dusty and is unsafe when it is icy.
They are also concerned about the water runoff, and they believe that the paving and curb and
gutter will alleviate a lot of the problems caused by the runoff.
Ronald Wesley, 4719 Dover Drive, Ames, stated that he opposes the paving project. He does not
believe that there is a need for it. Mr. Wesley pointed out that this project is not being driven by
the City; it is not being done for the public welfare, health, or safety. He feels that there has not
been any discussion on the reasons for this project, other than one meeting in 1997. Mr. Wesley
believes that the fundamental reason behind this project is that the Lindemans like to have guests
and don’t want to have their guests walking into their home with muddy shoes. He pointed out
that the Cleasbys are now in favor of the project for the same reason as the Lindemans. Mr.
Wesley explained that he is most opposed to the cost; his property will be bearing 23% of the total
cost based on its square-foot frontage.
Bernice Donovan, 4810 Dover Drive, Ames, advised that she had been a Dover Drive property
owner for 50 years and gave the history of the area in question. She explained where the paving
ends and gravel begins and said that it is difficult to drive on the different types of surfaces. Ms.
Donovan expressed her desire to have the area paved.
John Cleasby, 4805 Dover, Ames, pointed out that four out of the six property owners are now
in favor of paving Dover Drive. Mr. Cleasby stated that all the property owners are concerned
about the impact this improvement would have on their property assessments. He addressed
certain statements made by John and Irene Wesley in their letter of opposition. In particular, he
said that he had visited with the City Assessor, who estimated that the property tax impact would
be about half of what is alleged in the Wesley’s letter. Also he pointed out that the Wesley’s
property has 156' of frontage. Mr. Cleasby stated that he considers this project to be a property
improvement, not just a property tax.
Mayor Tedesco informed the Council that assessments require five votes. Since there are only
four members present tonight, he recommended continuing the hearing until their next regularly
scheduled meeting.
Moved by Cross, seconded by Hoffman, to continue the hearing until September 11, 2001.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON PROPOSED ZONING ORDINANCE TEXT AMENDMENTS: The public
hearing was opened by Mayor Tedesco. He closed the hearing after no one wished to speak.
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Moved by Cross, seconded by Hoffman, to pass on first reading an ordinance amending
regulations regarding fencing height and setback requirements.
Roll Call Vote: 4-0. Motion declared carried unanimously.
PRELIMINARY PLAT FOR BROOKVIEW PLACE WEST SUBDIVISION: Moved by Cross,
seconded by Hoffman, to adopt RESOLUTION NO. 01-396 approving the Preliminary Plat for
Brookview Place West Subdivision (generally located north of Ontario Street, south of the Union
Pacific railroad tracks, and west of the existing Brookview Place Subdivision) with the following
stipulation:
1.That a street tree planting plan shall be submitted with the Final Plat for each phase of this
Subdivision.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CAMPUSTOWN URBAN REVITALIZATION AREA: David Maahs, 1007 Vermont Court,
Ames, spoke on behalf of the Ames Chamber of Commerce. He stated that tax abatement plays
a key role in providing incentive for developers to intensify property and believes that this is a
“win” situation for the City since some of the property in Campustown currently provides very
little tax revenue.
Dean Jensen, 5818 Alta Vista Road, Ames, stated that several developers are asking Council to
give some interpretation to one of the requirements of the Criteria Matrix: i.e., requiring brick or
similar masonry material. In his opinion, the historical quality of Campustown would allow many
other types of materials that could be used in conjunction with brick and asks that those
alternatives be allowed. Mark Reinig, City Economic Development Coordinator, advised that
stone, pre-cast concrete, or concrete blocks with relief would be similar types of material; EIFS
or stucco would not be similar.
Tod Boucher, Boucher Masonry, Boone, advised that the cost for brick or similar masonry
material for buildings up to four stories would be approximately $13-$15/square foot. He said that
between four and seven stories, the cost would increase to approximately $20-$21/square foot
based mainly on the increasing handling costs. Mr. Boucher said that additional equipment, e.g.,
cranes, heavy-duty scaffolding, is necessary for transporting the product for buildings higher than
four stories and drives the cost up. He gave a comparison of durability between masonry and other
alternatives.
Mike Sloter, 3312 Cedar Lane, Ames, voiced his concern about requiring brick on the Criteria
Matrix. Mr. Sloter explained that, as a design professional, when recommending exterior surface,
the criteria he uses is that it has to work for its intended use, it must be economical for the client,
and it has to be aesthetically pleasing. Mr. Sloter showed the City Council some examples of
current architecture in Campustown, pointing out the varied exterior surfaces. He asked that the
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City not limit the design standard to brick.
Russ McCullough, 2054 Cessna, Ames, representing Ev Cochrane & Associates, spoke in favor
of creating an Urban Revitalization Area in Campustown. He stated that they cannot afford to
build a seven-story structure without tax abatement: It requires a parking structure, and parking
in a structure is seven to ten times more expensive than grade-level parking. He stated that the
per-square-foot cost is estimated to be 40% more with a high-rise. He gave an analysis of costs
and tax revenue comparing a three-story structure to a seven-story structure. Mr. McCullough
also compared the costs to the developer of using different combinations of exterior surfaces.
Moved by Quirmbach, seconded by Cross, to adopt RESOLUTION NO. 01-397 approving the
Criteria Matrix with the following changes: (1) Concerning the design standard pertaining to brick
or similar masonry material: that the 100% requirement for the front and 80% of the three
remaining sides of the structure be limited to the first four stories; and (2) That brick, stone,
precast concrete, and concrete block with relief be specifically listed as being acceptable similar
masonry material.
Moved by Cross, seconded by Hoffman, to amend the motion to state that above four stories, any
other building material except vinyl will be allowed.
Vote on Amendment: 4-0. Motion declared carried unanimously.
Roll Call Vote on Amended Motion: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
Moved by Quirmbach, seconded by Cross, to direct staff to prepare an Urban Revitalization Plan
for the Campustown Area.
Vote on Motion: 4-0. Motion declared carried unanimously.
Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 01-398 setting the
date of public hearing for October 9, 2001, for the first reading of the ordinance establishing the
Campustown URA and approving the Revitalization Plan for that new Area.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SE 2ND STREET (SUMNER AVENUE TO HIGH AVENUE AND HIGH AVENUE TO
KINGSBURY AVENUE) AND KINGSBURY AVENUE (SE 2ND STREET TO E. LINCOLN
WAY) PAVING PROGRAM ASSESSMENT: Moved by Cross, seconded by Hoffman, to adopt
PRELIMINARY RESOLUTION NO. 01-399.
Roll Call Vote: 4-0. 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. 01-400 adopting
preliminary plans and schedule of assessment.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
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made a portion of these minutes.
Moved by Cross, seconded by Hoffman, to adopt PROPOSED RESOLUTION OF NECESSITY
NO. 01-401 setting September 25, 2001, as date of public hearing.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ROOSEVELT AVENUE (16TH STREET TO NARLAND DRIVE) SIDEWALK PROGRAM
ASSESSMENT: Moved by Cross, seconded by Wirth, to adopt PRELIMINARY RESOLUTION
NO. 01-402.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 01-403 adopting preliminary
plans and schedule of assessment.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Cross, seconded by Wirth, to adopt PROPOSED RESOLUTION OF NECESSITY NO.
01-404 setting September 25, 2001, as date of public hearing.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE SETTING SPEED LIMIT ON OAKWOOD ROAD FROM ELWOOD DRIVE
TO THE SUNCREST SUBDIVISION: Moved by Hoffman, seconded by Wirth, to pass on first
reading an ordinance setting the speed limit on Oakwood Road from Elwood Drive to the
Suncrest Subdivision.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED NORTH OF COLLEGE
CREEK, SOUTH OF THE WEST-SIDE HYVEE, EAST OF JEFFERY LANE, AND WEST
OF VILLAGE DRIVE (“DOTSON PROPERTY”): Moved by Hoffman, seconded by Wirth, to
pass on second reading an ordinance rezoning property generally located north of College Creek,
south of the west-side HyVee, east of Jeffery lane, and west of Village Drive from “A”
(Agricultural) to “RL” (Residential Low Density) -- including approximately 0.13 acres from “A”
(Agricultural), “RL” (Residential Low Density), and “RM” (Residential Medium Density) to “F-S
RL” (Suburban Residential Low Density); approximately 37.41 acres from “A” (Agricultural),
“RL” (Residential Low Density), and “RM” (Residential Medium Density) to “F-S RM”
(Suburban Residential Medium Density) including approximately 18.51 acres.
Roll Call Vote: 4-0. Motion declared carried unanimously.
It was noted that a letter had been received from Larry Curtis, attorney for the developer,
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requesting a suspension of the rules necessary for the adoption of an ordinance to allow the
adoption of this ordinance at tonight’s meeting. Mayor Tedesco pointed out that a suspension of
rules requires five votes; since there are only four Council members present, Mr. Curtis’s request
could not be honored.
ORDINANCE REZONING PROPERTY LOCATED AT 3504 GRAND AVENUE: Moved by
Cross, seconded by Wirth, to adopt ORDINANCE NO. 3624 rezoning property located at 3504
Grand Avenue from Residential Low Density (RL) to Residential High Density (RH).
Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE RELATING TO PRECINCT AND WARD BOUNDARIES: Moved by Wirth,
seconded by Hoffman, to adopt ORDINANCE NO. 3625 relating to precinct and ward boundaries
as a result of the 2000 Census.
Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
COMMENTS: Mayor Tedesco directed that a special meeting be scheduled for September 4, 2001,
at 8 AM to hear the third reading and adopt the ordinance rezoning the “Dotson Property.”
Mayor Tedesco asked the City Council to also mark their calendars for September 18, 2001, at
7:00 p.m. for a special meeting to discuss the Hallett’s Quarry bond issue.
Moved by Cross, seconded by Wirth, to refer to staff the following: a letter from Consumers
Energy of Marshalltown for a gas franchise in Ames; a letter from Allyson Walter on behalf of
the Ames Main Street District to use Tom Evans Park and close a portion of the CBD lot directly
south of the Park on September 14, 2001; and to place on the Council’s agenda for September 11
an amendment to the ordinance pertaining to paintball activities in the City of Ames.
Vote on Motion: 4-0. Motion declared carried unanimously.
ADJOURNMENT: 9:20 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor