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Home My WebLink About~Master - Regular Meeting of the Ames City Council 09/11/2001 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 11, 2001 The Ames City Council met in regular session at 7:00 p.m. on the 11th day of September, 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: Campbell, Cross, Goodhue, Hoffman, Quirmbach, and Wirth. CALL TO ORDER: 7:00 p.m. Mayor Tedesco brought the City Council’s attention to a letter that had been placed around the dais from Larry Jahn, attorney for Viking Aviation Corporation. Mr. Jahn requested that Item No. 8 on the Consent Agenda pertaining to the transfer of the hangar lease to Viking from Gleason Aviation be pulled from the agenda. CONSENT AGENDA: Council Member Wirth requested to pull Item #9 pertaining to accepting completion of the 2001/02 Neighborhood Curb Replacement Program from the Consent Agenda for separate discussion. Moved by Cross, seconded by Hoffman, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2.Motion approving minutes of regular meeting of August 28 and special meeting of September 4, 2001 3.Motion approving renewal of the following beer permits and liquor licenses: a.Class C Beer - Aman Travel Center, 326 Lincoln Way b.Class C Liquor - Café Santa Fe, 212 Main Street c.Class C Liquor - Corner Pocket/Main Attraction, 125 Main Street d.Class B Wine & Class C Beer - Drug Town, 500 Main Street e.Class B Wine & C Beer - Hy-Vee Food & Drugstore #2, 640 Lincoln Way f.Class B Beer - Long John Silver’s Seafood Shop #5139, 533 Lincoln Way g.Class C Liquor - Mandarin Restaurant, 415 Lincoln Way h.Class C Liquor & Outdoor Service Area - Wallaby’s Grille, 3720 Lincoln Way 4.RESOLUTION NO. 01-405 approving appointment of Joan Van Norman to fill vacancy on Historic Preservation Commission 5.RESOLUTION NO. 01-406 approving appointment of voting and alternate voting delegates for NLC conference 6.RESOLUTION NO. 01-407 approving National Endowment for the H um anities grant for the F.A.C.E.S. project 7.RESOLUTION NO. 01-408 approving release of contract and lien for property located at 5405 Norris Street in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision 8.RESOLUTION NO. 01-411 accepting completion of 2000/01 Collector Street Rehabilitation Program 9.RESOLUTION NO. 01-412 accepting completion of 2000/01 Campustown Island Improvements Project 2 10.Bentwood Subdivision, 5th Addition: a.RESOLUTION NO. 01-413 accepting partial completion of public improvements b.RESOLUTION NO. 01-414 approving Major Final Plat Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 2001/02 NEIGHBORHOOD CURB REPLACEMENT PROGRAM: Council Member Wirth stated that she had received many good comments about this Program; however, there apparently are some problems with the sod. Citizens have reported to her that there are areas that need to be replaced. Moved by Wirth, seconded by Quirmbach, to ado pt RESOLUTION NO. 01-410 accepting completion of 2001/02 Neighborhood Curb Replacement Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Council Member Hoffman indicated that there may be some problems with the sod that has recently been installed along Ontario Avenue; it was on the site for some time before it was actually installed. PUBLIC FORUM: No one spoke during this time. REQUEST FOR CLASS C LIQUOR LICENSE AND OUTDOOR SERVICE PRIVILEGE FOR CY’S ROOST/DON’S DELI/LOST & FOUND LOUNGE, 121 WELCH AVENUE: Mayor Tedesco suggested that the City Council table this request in light of the administrative proceedings currently pending against the current holder of the license at that location. He reminded the Council that the current licensee is facing the possible revocation of sales privileges at any location for two years and the premises that had been covered by the license shall not be re-licensed for one year; however, if a new license is approved by the Council, and the old license surrendered, the Alcoholic Beverages Division will not impose those penalties. Moved by Hoffman, seconded by Quirmbach, to table this request. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR SPECIAL CLASS C LIQUOR LICENSE FOR HUNAN PALACE, 823 WHEELER, SUITE 1: Moved by Cross, seconded by Wirth, to approve the request for a Special Class C Liquor License for Hunan Palace, 823 Wheeler, Suite 1. Vote on Motion: 6-0. Motion declared carried unanimously. AMES HIGH SCHOOL HOMECOMING: Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-415 approving the Ames High Parade route along Fifth, Clark, and Main Streets on October 8, 2001, including parking prohibitions on streets surrounding Bandshell Park (not metered spaces on Main Street). 3 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-416 approving the request for waiver of costs for traffic control. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUESTS FROM MAIN STREET DISTRICT REGARDING THE “CELEBRATE IOWA” EVENT: Moved by Wirth, seconded by Quirmbach, to approve RESOLUTION NO. 01-417 approving the following: closure of the first three rows of parking spaces west of the Tom Evans Plaza in the Central Business District (CBD) lot from 1 to 7 PM; usage of Tom Evans Plaza; the Downtown Farmers’ Market to operate from 2 to 7 PM from the south side of Main Street from Clark Avenue to Burnett Avenue, all on September 14, 2001, in connection with the “Celebrate Iowa” event. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON DOVER DRIVE PAVING ASSESSMENT (continued from 8/28/01): It was noted that a letter of opposition to this project had been received from Ronald and Irene Wesley, 4719 Dover Drive, Ames, stating that they did not feel this project impacted the public safety, health, and welfare of citizens. Mayor Tedesco re-opened the public hearing. There being no one wishing to speak, he closed the hearing. Moved by Quirmbach, seconded by Cross, to finally adopt the RESOLUTION OF NECESSITY NO. 01-342. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED LEASE OF CITY-OWNED LAND LOCATED ON SUMNER AVENUE SOUTH OF SOUTH 2ND STREET TO RETAIL MANAGEMENT GROUP, INC.: The hearing was opened by Mayor Tedesco and closed after no one wished to speak. Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO 01-418 approving the lease for a term of 20 years commencing October 1, 2001. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON DAYTON AVENUE RECONSTRUCTION PROJECT (72" CULVERT): Mayor Tedesco opened the public hearing. No one wished to speak, and the hearing was closed. 4 Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 01-419 approving final plans and specifications and awarding a contract to McAninch Corporation of West Des Moines, Iowa, in the amount of $411,882.39. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ONTARIO BUS TURNAROUND PROJECT: The public hearing was opened by the Mayor. No one wished to speak, and he closed the hearing. It was noted that the Final Plat for Brookview Place West Subdivision had not yet been approved; therefore, the developers cannot sell the City the land that is needed to construct the bus turnaround at this time. Moved by Hoffman, seconded by Wirth, to accept the report of bids and to delay award of contract until September 25, 2001. Vote on Motion: 6-0. Motion declared carried unanimously. SOMERSET SUBDIVISION, 6TH ADDITION: Council Member Quirmbach would like to see Village Cottage lots placed in a different location in Somerset, not eliminated; he felt that the density that was promised when the tax abatement was granted is being changed by this request. Planning and Housing Director Brian O’Connell pointed out that one of the recommendations of the Zimmerman & Volk study indicated that the consultants believe that the density is higher than what it ought to be for this Village concept. Moved by Quirmbach to table this issue until staff has completed their analysis of the Zimmerman & Volk Study. Motion died for lack of a second. Moved by Goodhue, seconded by Campbell, to adopt RESOLUTION NO. 01-420 approving the Seventh Amendment to the Agreement for Rezoning, Platting, and Development of Somerset Subdivision to allow a change from Village Cottage lots to Country House lots. Chuck Winkleblack, 105 S. 16th Street, Ames, representing the developers, stated that this request develops eight lots out of the several hundred in the entire project. He believes that this request is for a minor change that needs to be made so that the development continues. Mr. Winkleblack indicated that the consultant did not recommend that there be additional Village Cottage lots; the consultant, Mr. Zimmerman, has never seen that done before. It was stated by Mr. Winkleblack that they would attempt to bring any further changes for this Subdivision in a package, not piecemeal. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay: Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. 5 Moved by Goodhue, seconded by Campbell, to adopt RESOLUTION NO. 01-421 abandoning easements pertaining to the “build-to” lines on the official plat. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay: Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ENTITLEMENT STATUS FOR THE CITY OF AMES: Moved by Cross, seconded by Hoffman, to direct the Mayor to write a letter in support of Congressional efforts to expedite the designation of Ames as an entitlement community beginning in Fiscal Year 2002. Vote on Motion: 6-0. Motion declared carried unanimously. FERGUSON SUBDIVISION AREA UTILITIES PROGRAM: Moved by Cross, seconded by Quirmbach, to adopt RESOLUTION NO. 01-422 accepting as complete and satisfactory the contract for Ferguson Subdivision Area Utilities Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. INTERGOVERNMENTAL AGREEMENT WITH STORY COUNTY FOR EAST 13TH STREET BIKEWAY: Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 01- 423 approving the Intergovernmental Agreement with Story County for East 13th Street Bikeway. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING SECTION 17.2 PERTAINING TO THE DISCHARGE OF AIRGUNS, BOWS, AND SLINGSHOTS: Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance revising Section 17.2 pertaining to the discharge of airguns, bows, and slingshots. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY LOCATED AT 1208 DAYTON AVENUE: Moved by Cross, seconded by Wirth, to pass on second reading an ordinance rezoning property located at 1208 Dayton Avenue from General Industrial (GI) to Highway-Oriented Commercial (HOC). Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY GENERALLY LOCATED NORTH OF 208 STANTON AVENUE: Moved by Goodhue, seconded by Hoffman, to pass on second 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: 6-0. Motion declared carried unanimously ORDINANCE AMENDING ZONING REGULATIONS REGARDING FENCING HEIGHT AND SETBACK REQUIREMENTS: Moved by Goodhue, seconded by Wirth, to pass on second 6 reading an ordinance amending regulations regarding fencing height and setback requirements. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE SETTING SPEED LIMIT ON OAKWOOD ROAD FROM ELWOOD DRIVE TO THE SUNCREST SUBDIVISION: Moved by Hoffman, seconded by Cross, to pass on second reading an ordinance setting the speed limit on Oakwood Road from Elwood Drive to the Suncrest Subdivision. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS: Moved by Goodhue, seconded by Wirth, to refer to staff the following: request from Fox Engineering, on behalf of the Randall Corporation, that the City pave the north lane of SE 16th Street from the Kmart property west to and including the future Grand Avenue extension/intersection. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: 7:40 p.m. _________________________________________________________________________ Diane Voss, City Clerk Ted Tedesco, Mayor