HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/25/2001 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 25, 2001
The Ames City Council met in regular session at 7:00 p.m. on the 25th 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 stated that Item #19 pertaining to revisions to the Non-Domestic Waste Pretreatment
Program was being pulled from the Consent Agenda for separate discussion at the request of City
staff. He advised that Item #35, the request from Iowa State University (ISU) to partner with the City
to purchase red, white, and blue banners for the poles on Elwood Drive, was being withdrawn by ISU
due to budget cuts.
PROCLAMATION FOR INTERNATIONAL ALPHA DELTA KAPPA MONTH: Mayor
Tedesco proclaimed the month of October as International Alpha Delta Kappa Month. Accepting
the Proclamation on behalf of the Sorority were Diane Oppedal, Sharon Guber, and Beverly
VanMeter.
PROCLAMATION FOR NATIONAL 4-H WEEK: October 7 - 13, 2001, was proclaimed as 4-H
Week by Mayor Tedesco. Laura Lutz, Kate Bullen, and Rachel Bullen accepted the Proclamation
on behalf of the more than 40 chapters in Story County.
PROCLAMATION FOR FIRE PREVENTION WEEK: The Mayor proclaimed the week of
October 7 - 13, 2001, as Fire Prevention Week. Deputy Fire Chief Russ Scott and Fire Fighters
Kelly Wilson and Doug Wierson accepted the Proclamation on behalf of the Ames Fire
Department.
PRESENTATION OF THE PIERCE COURT NEIGHBORHOOD IMPROVEMENT
PROJECT: Executive Secretary Lynette Windsor introduced Annette Barrett and Julia Barrett, 1701
Pierce Court, and Marlene Weisshaar, 1703 Pierce Court. Annette Barrett and Ms. Weisshaar
described and showed pictures of the landscaping project in this cul-de-sac, which was made
possible by a $1,234 grant from the City and hard work by the residents. Julia Barrett told the
Council how much she enjoys this area of her neighborhood.
CONSENT AGENDA: Moved by Goodhue, 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 September 11 and special meeting of
September 18, 2001
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3.Motion approving renewal of the following beer permits and liquor licenses:
a.Class C Beer – Decker’s Petro Palace, 821 Lincoln Way
b.Class C Liquor – E J’s Legacy, 111 Fifth Street
c.Class B Beer - Happy Joe’s, 551 S. Duff
d.Class B Beer/Class B Wine - Hy-Vee #1, 3800 Lincoln Way
e.Class C Beer/Class B Wine - KMart, 1405 Buckeye Avenue
f.Special Class C Liquor – Le’s Vietnamese Restaurant, 113 Colorado
g.Class C Liquor – Mo-Jazz, 2520 Lincoln Way
h.Class C Liquor – Hickory’s Hall (formerly Hunky Dory’s), 300 S. 17 Streetth
i.Class C Liquor – La Fuente Mexican Restaurant, 217 S. Duff
4.Motion setting the following special City Council meeting dates:
January 15, 2002, at 5:15 p.m. for CIP Work Session
February 1, 2002, at 2:00 p.m. for Budget Overview
February 5, 6, 7, 2002, at 5:15 p.m. for Budget Hearings/Wrap-Up
March 5, 2002, at 7:00 p.m. for Public Hearing on Budget
5.Motion approving certification of civil service applicants
6.Motion referring petition for annexation for property on south side of Hallett’s Quarry to Planning
and Zoning Commission
7.Motion referring petition for annexation for property southeast of Stonebrooke Subdivision, south
of Hallett’s Quarry, and southwest of Adams Street to Planning and Zoning Commission
8.Motion referring petition for annexation for property south of Hallett’s Quarry off Adams Street
to Planning and Zoning Commission
9.RESOLUTION NO. 01-429 approving appointment of Becky Rice to fill vacancy on Ames
International Partner Cities Association
10.RESOLUTION NO. 01-430 approving application for a local law enforcement block grant
through the Bureau of Justice Assistance, U.S. Department of Justice
11.RESOLUTION NO. 01-431 approving funds for information campaign on bond issue for
Hallett’s Quarry
12.RESOLUTION NO. 01-432 approving change in insurance requirements for airport hangar lease
agreements
13.RESOLUTION NO. 01-433 approving assignment of aviation hangar lease from Gleason
Aviation, Inc., to Viking Aviation Corporation
14.RESOLUTION NO. 01-434 approving amendment to Mini-Grant Contract with India Cultural
Association
15.RESOLUTION NO. 01-436 proposing release of judgment lien arising from City of Ames vs.
Regency Builders, Inc., and Regency Land Co., L.C., for Lot 5, Bloomington Heights, Plat 9; and
setting date of public hearing for October 9, 2001
16.RESOLUTION NO. 01-437 proposing release of judgment lien arising from City of Ames vs.
Regency Builders, Inc., and Regency Land Co., L.C., for Lot 31, Bloomington Heights, Plat 9;
and setting date of public hearing for October 9, 2001
17.RESOLUTION NO. 01-438 approving preliminary plans and specifications for Eastgate Asphalt
Project; setting October 17, 2001, as bid due date and October 23, 2001, as date of public hearing
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18.RESOLUTION NO. 01-439 waiving formal bidding procedures and authorizing staff to negotiate
the purchase and delivery of a replacement tractor/loader/backhoe
19.RESOLUTION NO. 01-440 approving release and satisfaction of Development Agreement for
South Duff Community Park Subdivision
20.RESOLUTION NO. 01-441 approving change order for Ames/ISU Wastewater Flow Meter
Project
21.RESOLUTION NO. 01-442 approving change order for 2001/02 Water System Improvements
Project
22.RESOLUTION NO. 01-443 approving change order for Rehabilitation of Taxiway 13/31 and
South Apron and Taxiway to East Hangar Area
23.RESOLUTION NO. 01-444 approving contract and bond for Dayton Avenue Reconstruction
(Culvert) Project
24.RESOLUTION NO. 01-445 accepting completion of the 2001/02 Public Parking Lot
Rehabilitation Project (CBD Lot)
25.RESOLUTION NO. 01-446 accepting completion of utilities and paving and modifying amount
of financial security for Windsor Oaks Subdivision
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
2001 RESIDENT SATISFACTION SURVEY: Public Relations Officer Clare Bills explained that
510 questionnaires were mailed to randomly selected addresses on March 8, 2001; 275 addresses
were chosen from the utility bill listing and 235 were taken from the list of students who live on
campus, in dorms, or in the Greek system housing. Of the 510 questionnaires, six were returned
with insufficient addresses, so of the 504 that reached their destination, 167 were completed and
returned by the April 13 deadline, which is a 30% response rate. Ms. Bills presented the results
of the 19th Annual Resident Satisfaction Survey. In summary, Ms. Bills indicated that 36%
ranked the City services as very good, 62% as good, and 2% as poor; combining the ratings for
very good and good, 98% of those surveyed indicated that they were satisfied. Council Member
Quirmbach recommended that information on the City’s current level of spending on the various
programs be included with the Survey to better inform the respondents.
AMENDMENT TO MUNICIPAL CODE SECTIONS RELATING TO THE DUTIES OF THE
CITY MANAGER, CITY ATTORNEY, AND CITY CLERK: City Manager Steve Schainker
explained that the Code of Iowa requires that cigarette permits be issued by the City Clerk. When
Council brought the City Clerk’s position under the City Manager’s position three years ago, the
authority to issue cigarette permits was inadvertently removed from the Code. He said that as
staff reviewed Chapter 2 of the Code, it became apparent that there were other provisions that are
antiquated or no longer reflect how the City is organized and operated. Mr. Schainker
recommended that the following wording be included as a new Paragraph 19: “Direct disaster
services for the City of Ames and perform other such duties as the Council shall direct.”
Moved by Hoffman, seconded by Wirth, to pass on first reading an ordinance amending
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Municipal Code sections relating to the duties of the City Manager, City Attorney, and City Clerk,
including the wording, “Direct disaster services for the City of Ames and perform other such
duties as the Council shall direct,” under a new Paragraph 19.
Roll Call Vote: 6-0. Motion declared carried unanimously.
PUBLIC FORUM: Erv Klaas, 1405 Grand, Ames, advised the Council that he was a co-chair of the
Friends of Hallett’s Quarry campaign. Mr. Klaas said that an organization has been created in
support of the bond issue. They are raising funds and have adopted a budget of approximately
$8,000 to fund yard signs, video and newspaper ads, brochures, and mailings. He asked any
groups or agencies that would like a presentation or anyone who would like to assist in this
campaign to call him at 294-7990 or 233-3327.
Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, expressed his disappointment in the Council’s
decision to pledge $1/citizen (to be sent to the mayors of New York City, NY, Washington, DC,
and Summerset County, PA) being made contingent upon the State of Iowa’s 15 most-populated
cities pledging the same type of monetary support. Mr. Pfannkuch also voiced his opinion that
there is a lack of tolerance and respect for varying viewpoints consistently displayed by City staff
and the City Council. He explained that he recently learned that Mike King, City Auditorium
Manager, was asked to resign from the Ames Community on the Arts Council (ACAC) due to a
conflict of interest. Mr. Pfannkuch does not believe that a conflict of interest existed. He said he
tried to glean more information at an ACAC meeting, but was only told that a conflict of interest
had existed. Mr. Pfannkuch was told that after Mike King assisted ACAC in presenting their
Cultural Plan to the City Council, Nancy Carroll, Director of Parks and Recreation, told Mr. King
that he couldn’t serve on ACAC because he had a conflict of interest. Mr. Pfannkuch believes that
ACAC is a self-funded organization that relies on contributions. He asked for the person alleging
the conflict of interest to be identified. Mr. Pfannkuch thinks that this may relate to the proposed
new Rec Center and Aquatics Complex. He said this represents what he sees as a continuing
pattern of practice in the way the City operates to stifle varying viewpoints. He compared the
Cultural Plan with Somerset Village; he feels that the Arts Coordinator half-time position
recommended by ACAC probably could have been paid for with the tax breaks given to
Somerset. He also pointed out that the City has given another tax break to the Somerset
developers before the consultant’s report is available.
Mr. Pfannkuch continued by asking the City to investigate whose conflict of agenda may have
been responsible for Mike King’s resignation from ACAC; it is his feeling that the City Manager
was responsible. He called for the dismissal of the City Manager as he feels that he has become
a “City tyrant.” Mr. Pfannkuch said he has learned of several instances where City staff is afraid
to speak out in public for fear of retribution; he believes that they are referring to the City
Manager or the Mayor. He said that he also learned that the Mayor directed that the applicants for
City Boards and Commissions not be publicized. He referenced three people who have told him
that they tired of continuously applying without being appointed; these were people whom he felt
had varying viewpoints. Mr. Pfannkuch asked to have the situation surrounding Mike King’s
resignation from ACAC investigated; he thought perhaps the Ames Human Relations
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Commission should do the investigation as he does not have confidence in City staff.
Mayor Tedesco pointed out that all applications for Boards and Commissions are a matter of
public record and are on record at the City Clerk’s Office and available to anyone who would like
to see them or have copies made of them.
REQUEST FROM PRISM FIREWORKS TO SHOOT FIREWORKS ON SEPTEMBER 29,
2001: Moved by Goodhue, seconded by Hoffman, to approve the request from Prism Fireworks to
shoot fireworks from The Hotel at Gateway Center’s property at 10:00 p.m. for the Engineers’
Ball on September 29, 2001.
Vote on Motion: 6-0. Motion declared carried unanimously.
CYNTHIA DUFF PLAZA: Nancy Polster, Chairperson of the Public Art Commission, introduced
Steve Goltry, Chair of the Committee for the Cynthia Duff Plaza. Mr. Goltry shared information
on the proposal from sculptor Tom Stancliffe and a design rendering of the Plaza submitted by
Craig Ritland, consultant to this project. He explained the design proposal and gave information
on the artist, Thomas R. Stancliffe of New Hartford, Iowa. Mr. Goltry advised that the adjacent
business owners have not given their concurrence; however, the managers of those establishments
have been contacted and given their approval.
Ms. Polster explained that the Commission was seeking the City Council’s approval of the design
concept, the artist, and the use of the FY01/02 Public Art Commission funding of $10,000 toward
this project. She said that additional community support will be needed and attained through
fundraising and in-kind donations. Ms. Polster advised that the Commission will be submitting
a request for a $25,000 Iowa Community Cultural Grant from the Department of Cultural Affairs.
Moved by Cross, seconded by Hoffman, to approve the design concept, scope, and artist for
Cynthia Duff Plaza.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Quirmbach, seconded by Goodhue, to adopt RESOLUTION 01-447 approving the
proposed budget for Cynthia Duff Plaza, which includes commissioning sculptor Tom Stancliffe
(at a projected cost of $35,000), and approving the Public Art Commission’s application for an
Iowa Cultural Community Grant with the matching funds to come from the Commission’s
FY01/02 budget ($10,000) and private donations.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST FROM IOWA STATE UNIVERSITY TO PARTNER WITH THE CITY TO
PURCHASE 80 RED, WHITE, AND BLUE BANNERS: Due to budget cuts, the University
withdrew this request.
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HEARING ON HARD-SURFACE TRAIL SYSTEM IN ELWOOD PASTURE: Mayor Tedesco
opened the public hearing. There being no one wishing to speak, he closed the hearing.
Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 01-448 approving final
plans and specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount
of $102,617.50.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON ORDINANCE AMENDMENTS TO SUBURBAN RESIDENTIAL MEDIUM-
DE NSI TY Z ON E R EG AR DI NG BA CK-T O-BA CK TO WNH OU S E UNI TS
[PARTICULARLY SECTIONS 29.201(52) AND 29.1202]: The public hearing was opened by
Mayor Tedesco.
Chuck Winkleblack, 105 S. 16th Street, Ames, stated that Hunziker & Associates is proposing
to create lots for single-family attached dwellings in the Suburban Residential Medium-Density
zone that are smaller than the minimum lot size currently allowed. Their layout of the lots places
units back-to-back in the same structure. Mr. Winkleblack advised that Hunziker & Associates
agrees with this proposed ordinance amendment with one modification: the ten units/acre for
attached townhouses needs to be modified down; the median is six units/acre. Mr. Schainker
stated that he felt this may have been an oversight. He suggested that the City Council refer this
issue back to staff for their recommendation. City Attorney John Klaus informed the Council that
if a modification were made to the proposed ordinance, the process would need to start over; it
would have to be heard again by the Planning and Zoning Commission and notice of public
hearing would need to be published.
Council Member Quirmbach pointed out that it is currently possible to construct this type of
housing through approval of a Planned Residential Development (PRD) by the City Council; he
does not see a reason to pass an ordinance amendment. City Planner Ray Anderson explained that
there is more flexibility in a PRD as the City Council could adjust the setbacks, minimum lot size,
and have input on design issues. He said that with this proposed ordinance amendment, the plans
could be administratively approved. Mr. Anderson further advised that if this ordinance
amendment is approved, it would allow “back-to-back” single-family attached dwellings in the
Suburban Residential Medium Density zoning district by right, rather than only if a Planned
Residential Development is approved by the City Council.
The Mayor closed the hearing after no one else wished to speak.
Moved by Hoffman, seconded by Cross, to refer this matter back to staff.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON S. 2ND STREET PAVING PROGRAM AND KINGSBURY PAVING
PROGRAM ASSESSMENT: Letters objecting to this assessment were received by Jerry Minear,
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2983 South Dakota Avenue, Ames, the owner of 130 High; and Michael Lange, 1608 Reagan
Drive, Ames, the owner of 214 and 220 SE 2nd Street. The Mayor opened the hearing.
Wilmer and Gladys Peter, owners of property at 129 Kingsbury, asked what the future plans were
for this area. Ms. Peter said that she had visited various City offices in an attempt to learn what
the City’s plans were and was told that the City had no plans to develop this area. She stated that
she and her husband had been approached by Clarence Martin to purchase their property. Ms.
Peter said that she and her husband felt that the residents of this area would receive no benefit
from the proposed paving. She said that she found out from City staff that the paving proposal
came from Clarence Martin, who owns a business in this area. She felt that this would be an
expensive project for the residents to pay for without their receiving benefit. Mayor Tedesco
explained that the City had received a petition from property owners who were in favor of paving
this area; the petitions requesting this paving program represented 52% of the cost of the project.
Mr. Peter said that he feels that this Paving Program assessment is unfair to the property owners.
Municipal Engineer Jerry Byg advised that the City Council had received a request to pave High
Street through to S. 2nd Street and had referred it to staff for review.
Mike Lange, 1608 Reagan Drive, Ames, spoke as the property owner of 214 and 220 SE 2nd
Street. He pointed out that he has learned that an assessment cannot exceed 25% of the assessed
value of the lot. Mr. Lange explained that the assessments related to paving this area equal
$33,000, which is $5,200 more than 25% of the assessed value of his property. Mr. Klaus
explained that each assessment may not equal 25% of the assessed value; this is more than one
project. Mr. Lange argued that, although these projects are broken into two different assessments,
they are both for the same project. He requested that his assessment be reduced by $5,200.
Mr. Lange pointed out that the No. 1 problem indicated in the Resident Satisfaction Survey was
traffic congestion. He feels that traveling on South Duff is a nightmare. He pointed out that when
the first paving project was initiated, he suggested that the remainder of High Street be paved
through Mr. Martin’s property to connect to South 2nd Street; however, that proposal was not
pursued. He feels that if this street were pushed through to the Target Plaza, it would be very
beneficial to both the property owners and the City as it would alleviate some of the traffic being
forced down South Duff Avenue.
Clarence Martin, 212 High Avenue, Ames, stated that it would be beneficial to him as well as to
the City to complete this paving program. He pointed out that most of the property owners of the
affected residences do not live in those dwellings; they rent the properties to tenants who must
drive on the dirt street. Mr. Martin feels that it would be most economical for the City to pave S.
2nd Street and Kingsbury at this time.
There being no one else wishing to speak, Mayor Tedesco closed the hearing.
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Moved by Quirmbach, seconded by Hoffman, to refer this matter back to staff for combining this
Paving Program with the High Street Extension and directed staff to provide a report on an
equitable distribution of costs.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON ROOSEVELT AVENUE (16TH STREET TO NARLAND DRIVE)
SIDEWALK PROGRAM ASSESSMENT: Letters of objection to this proposed assessment had
been received by Dean and Tracie Bierwagen, 821 Murray Drive, Ames; Dale and Dixie
McMasters, 820 Murray Drive, Ames; Donny & Carole Whitehead, 811-16th Street, Ames; Bruce
and Eunice Bassler, 904 Murray Drive, Ames; and Jackie and John Norris, 1605 Roosevelt
Avenue, Ames. Since the written objections totaled more than 75% of the total assessment, it was
noted that a unanimous vote would be needed by the City Council to pass this issue.
The public hearing was opened by Mayor Tedesco.
Bruce Bassler, 904 Murray Drive, Ames, urged that the City Council not support this project. He
felt that the petition was misleading as there are other routes to Fellows Elementary. Mr. Bassler
also felt that it was incorrect to state in the petition that “baby strollers, senior citizens, and other
foot traffic are forced to use the roadway in this area.” He said that he has never seen anyone
forced to use the roadway. Mr. Bassler said that if the Council felt that a sidewalk had to be
installed in this area, he suggested that it be installed on his side of the street (west side) rather
than disrupt 50 years of improvements on both sides.
Dale McMasters, 820 Murray Drive, Ames, concurred with Mr. Bassler and urged the Council
to not support this project. He explained that a major excavating and reconstruction of his
driveway would be necessary to eliminate the “tail-dragging problem” if the sidewalk were
installed as planned. The overall destruction of his property and the destroying of mature trees
would create privacy and property value loss.
Dean Bierwagen, 821 Murray Drive, Ames, also asked that the City Council not support this
project. He also has concerns over the amount of destruction to the existing property that would
be necessary. Mr. Bierwagen said that he concurred with the comments made by Mr. Bassler and
Mr. McMasters.
Betty McGraw Fox, 1718 Roosevelt, Ames, asked the Council to vote against this proposed
Resolution. She pointed out that the property that she and her husband own already has a
sidewalk, however, they are included in the assessment.
Carole Whitehead, 811 - 16th Street, Ames, pointed out that their home has a very narrow front
lot; however, they have six beautiful trees in their front yard, and that is one of the reasons why
they purchased this home. Ms. Whitehead said that these trees had been in existence for over 50
years, and she is very upset over the possibility that they would be removed for a sidewalk to be
installed. She also pointed out that there are other more-direct routes to Fellows Elementary.
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John Norris, 1605 Roosevelt, Ames, explained that he agreed with the comments of the previous
speakers on this issue. He pointed out that it is not logical for sidewalks to be required in existing
neighborhoods; he felt that higher standards should have to be met prior to such a project being
initiated. Mr. Norris pointed out that this project may be a matter of convenience, not of
necessity.
There being no one else wishing to speak, the Mayor closed the hearing.
Moved by Cross, seconded by Hoffman, to refer this issue back to staff to consider installing the
sidewalk on the west side of Roosevelt, from 16th to Murray Drive, and to cause the least amount
of disruption to the existing landscaping.
Moved by Wirth, seconded by Quirmbach, to amend the motion to direct staff to look at the costs
being shared by all property owners with the understanding that the east-side owners would not
be made to construct sidewalks in the future.
Vote on Amendment: 6-0. Motion declared carried unanimously.
Vote on Amended Motion: 6-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTY LOCATED AT 2919 BLOOMINGTON ROAD
FROM “FS-RL” (SUBURBAN RESIDENTIAL LOW DENSITY) TO “FS-RM” (SUBURBAN
RESIDENTIAL MEDIUM DENSITY): The hearing was opened by Mayor Tedesco and closed
after no one wished to speak.
Moved by Goodhue, seconded by Hoffman, to pass on first reading an ordinance rezoning
property located at 2919 Bloomington Road from “FS-RL” (Suburban Residential Low Density)
to “FS-RM” (Suburban Residential Medium Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
AMENDMENT TO RENTAL HOUSING CODE DEFINITION OF “FAMILY” AND
ESTABLISHING MAXIMUM OCCUPANCY LIMITS: Moved by Wirth, seconded by Hoffman,
to pass on first reading an ordinance amending the Rental Housing Code definition of “family”
and establishing maximum occupancy limits.
Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman, Wirth. Voting nay:
Quirmbach. Motion declared carried.
PRELIMINARY PLAT FOR CAMERON PINES ESTATE SUBDIVISION, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF CAMERON SCHOOL ROAD AND
NORTH DAKOTA AVENUE: Louise Henderson, 4998 North Dakota Avenue, Ames, urged
the Council to carefully consider the impact to the environment and traffic that would be felt to
this wooded area if this Subdivision is allowed to be developed. Her family purchased their
property because it was located next to a wooded area and they enjoy the wildlife; she feels that
there are a number of protected species and wildlife that would be negatively impacted by the
proposed development.
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It was pointed out that the developer is proposing to rezone the site from Agricultural (A-1) to
Agricultural Residential (A-R) and the Story County Board of Supervisors has yet to act on the
rezoning request. Staff is recommending that action by that Board be known before this
Preliminary Plat is approved by the City Council.
Moved by Goodhue, seconded by Campbell, to table this issue until the Board of Supervisors
takes action on the pending rezoning request.
Vote on Motion: 5-0-1. Voting aye: Campbell, Goodhue, Hoffman, Quirmbach, Wirth. Voting
nay: None. Abstaining: Cross. Motion declared carried.
BROOKVIEW PLACE WEST SUBDIVISION, FIRST ADDITION: Moved by Hoffman,
seconded by Goodhue, to adopt RESOLUTION NO. 01-449 accepting the Public Improvements
Agreement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 01-450 approving the
Major Final Plat.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 01-451 accepting the
deed of land for the Ontario Bus Turnaround Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 01-452 awarding the
contract for the Ontario Bus Turnaround Project to Con-Struct, Inc., of Ames, Iowa, in the amount
of $54,824.18.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REVISIONS TO NON-DOMESTIC WASTE PRETREATMENT PROGRAM: Winnie
Gleason and Karla Tebbin, Environmental Engineers in the Water and Pollution Control
Department, gave a presentation summarizing the Ames Non-Domestic Waste Pretreatment
Program.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-435 approving
revisions to the Ames Non-Domestic Waste Pretreatment Program.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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ORDINANCE REVISING SECTION 17.2 PERTAINING TO THE DISCHARGE OF
AIRGUNS, BOWS, AND SLINGSHOTS: Moved by Hoffman, seconded by Wirth, to pass on
second 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 Goodhue, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3627
rezoning property located at 1208 Dayton Avenue from General Industrial (GI) to Highway-
Oriented Commercial (HOC).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED NORTH OF 208
STANTON AVENUE: Moved by Hoffman, seconded by Cross, to pass on third reading and adopt
ORDINANCE NO. 3628 rezoning property located north of 208 Stanton Avenue from “S-GA”
(Government/Airport) to “DCSC” (Downtown/Campustown Service Center).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE AMENDING ZONING REGULATIONS REGARDING FENCING HEIGHT
AND SETBACK REQUIREMENTS: Moved by Goodhue, seconded by Wirth, to pass on third
reading and adopt ORDINANCE NO. 3629 amending regulations regarding fencing height and
setback requirements.
Roll Call Vote: 6-0. Ordinance 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 third
reading and adopt ORDINANCE NO. 3630 setting the speed limit on Oakwood Road from
Elwood Drive to the Suncrest Subdivision.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Mayor Tedesco advised that a copy of the lawsuit filed against the City to have the
ordinance regulating the designation of smoking areas in food service establishments declared
illegal had been placed around the dais. John Klaus advised that this lawsuit is being brought
against the City by seven establishments: Cyclone Truck Stop, Wallaby’s, Dublin Bay, Cafe
Beaudelaire, Tradewinds, Whiskey River, and People’s Bar & Grille. Mr. Klaus stated that the
Plaintiffs have asked for a temporary injunction, which is a preventive measure that the court can
use to maintain a status quo while litigation is pending. Mr. Klaus advised that the hearing on
the temporary injunction request is scheduled for October 2, 2001, at 9 AM at the Story County
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Courthouse.
Council Member Wirth urged Council members and citizens to attend a public deliberation forum
called, “Community Conversations on Immigration in Iowa,” to be held on October 18 from 6:30
to 9:30 p.m. at the Northminster Presbyterian Church, 1416-20th Street. This forum is being
sponsored by the Iowa Association of School Boards, Iowa League of Cities, and Iowa State
Association of Counties. The purpose of this meeting is to get input about the issue of
immigration in Iowa for the City of Ames and surrounding cities and counties. Ms. Wirth read
the goals hoped to be attained by holding these meetings; it is hoped that input will be gathered
about this important issue that public officials can use in the future.
ADJOURNMENT: 9:58 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor