HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/28/2000MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 28, 2000
The Ames City Council met in regular session at 7:00 p.m. on the 28th day of November, 2000, 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.
PROCLAMATION: Mayor Tedesco proclaimed the month of November as Adoption Month.
Accepting the proclamation were Jim Weires of Youth and Shelter Services, and adoptive parents,
Carrie Swan with her daughter, Stephanie, and Mr. and Mrs. Kim Combes and their children.
CONSENT AGENDA: Moved by Cross, seconded by Goodhue, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of November 14, 2000
3.Motion approving renewal of the follow ing liquor licenses & beer permits:
a.Special Class C Liquor - H ouse of Chen, 2508 Ferndale
4.Motion declaring intent to fill a vacancy on the Mary Greeley Medical Center Board of Trustees by
appointment and directing the Clerk to publish notice of the procedure to petition for special election
5.RESOLUTION NO. 00-512 approving Service Agreement between the City of Ames Public Works
Departmen t and Metro Waste Authority pertaining to the collection of household hazardous waste
6.RESOLUTION NO. 00-513 proposing release of judgment lien arising from City of Ames VS
Regency Builders, Inc., and Regency Land Co., L. C., pertaining to Lot 4 in Plat 7 of Bloomington
Heights and setting date of public hearing for December 5, 2000
7.RESOLUTION NO. 00-514 approving preliminary plans and specifications for Reconstruction of
Lincoln Way and G rand Avenue Intersection Improvements; setting D ecember 19, 2000, as bid due
date and January 9, 2001, as date of public hearing
8.RESOLUTION NO. 00-515 approving contract and bond for Lincoln Way and Grand Avenue
Intersection Utilities Relocation Project
9.RESOLUTION NO. 00-5 16 approving completion of Main Street Reconstruction Project
10 .RESOLUTION NO. 00-51 7 app roving completion of Contract 1 of the 2000/01 Water System
Improvements Program
11 .RESOLUTION NO. 00 -51 8 approving completion of Contract 3 of the 2000/01 Water System
Improvements Program
12.RESOLUTION NO. 00-519 approving comp letion of Repairing and Repainting Ten nis Co urts at Inis
Grove Park
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PRESENTATION OF THE COMMUNITY CULTURAL PLAN: Kathy Svec, representing the
Ames Community Arts Council, introduced Arthur Greenberg, Director of AMS Planning &
Research. Mr. Greenberg gave the background leading to the preparation of the Cultural Plan. He
stated that, through a competitive selection process, AMS Planning & Research was selected to
work with the Arts Council and other volunteers to coordinate a participative planning process
and create a document that reflected the City’s goals for cultural development. Mr. Greenberg
reviewed the goals and objectives that address specific needs and desires of the community’s
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residents, arts community, and other stakeholders. He also gave suggestions for funding and
implementation and explained the steps to be taken next.
The City of Ames was asked: (1) to provide general support and endorse the Cultural Plan; (2)
to have Human Resources staff assist with an Arts Coordinator job description and recruitment;
(3) to provide partial funding for a paid staff position and/or assist with the development of a
funding plan; (4) to develop criteria for designating Main & Fifth Streets as an
Arts/Cultural/Historic District; and (5) to appoint a City representative to an Ad Hoc Committee
to review current arts funding and the role of COTA.
PUBLIC FORUM: Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, voiced concerns he has about
the legislative processes followed by the City Council, specifically: (1) hospital expansion, i.e.,
the hearing on revenue bonds was conducted before the state approved the project; (2) changes
are too easily made to developer’s agreements; (3) Council acts on information placed around the
dais without adequate preparatory time, e.g., the Developer’s agreement on the Depot
development was faxed an hour before the meeting and action was taken at that meeting; (4) items
are pulled from the agenda at the last minute; (5) proposal for “action” minutes; (6) retreats are
being held in semi-private settings; and (7) the Mayor and City Council gave themselves a pay
increase unlawfully. City Attorney John Klaus explained the process followed by the City Council
to grant their pay increases. At the time, the measure was passed by resolution and it should have
been passed by ordinance; that is being corrected by enacting an ordinance retroactively.
Met Szopinski, 4123 Phoenix Street, Ames, pointed out that persons speaking to various issues
are not asked to prove their statements as being accurate, especially those alleging to be speaking
for certain groups without presenting petitions signed by those whom they claim to represent. He
also stated that federal law requires proper access for handicapped persons to certain
establishments. He pointed specifically to several entrances at the North Grand Mall that are not
handicapped-accessible. Also, Mr. Szopinski is perturbed about the Police Department using
young people as “snoopers” - persons trying to catch others breaking the law. Lastly, he doesn’t
believe that “biblical language” needs to be used in our ordinances, i.e., the usage of “whereas”
and “therefore.” Mr. Klaus explained that it is merely a tradition to use those expressions.
DONATION OF ARTWORK BY MARGARET DANIELS: Nancy Polster, Chairperson of the
Public Art Commission, presented two pieces of artwork created by Margaret Daniels. Ms. Polster
gave a brief biography of the late Mrs. Daniels. The works are being donated by George Daniels,
Margaret’s husband.
Moved by Hoffman, seconded by Goodhue, to accept two pieces of artwork by Margaret Daniels
that are being donated by George Daniels and direct the Mayor to send a thank you to Mr. Daniels.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST TO MOUNT THE AMERICAN CANCER SOCIETY’S “RELAY FOR LIFE”
BANNER ACROSS MAIN STREET: Moved by Goodhue, seconded by Hoffman, to approve the
request of the American Cancer Society to mount their “Relay for Life” banner across Main Street
from January 2 thru February 18, 2001.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FOR REIMBURSEMENT FOR COST OF GENERATORS USED FOR FOURTH
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OF JULY CELEBRATION: Moved by Hoffman, seconded by Cross, to adopt RESOLUTION
NO. 00-520 approving the reimbursement to the Ames Jaycees in the amount of $687.50 for
generator rental in connection with the Fourth of July “Spark the Spirit” celebration.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON COUNTY LINE ROAD ELEVATED WATER TANK PROJECT: Mayor
Tedesco declared the hearing open. There being no one wishing to speak, the hearing was closed.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION 00-521 authorizing City staff
to proceed with the County Line Road Elevated Water Tank Project and authorizing property
acquisition in accordance with Iowa law, including condemnation, as needed.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON URBAN REVITALIZATION PLAN FOR SOMERSET VILLAGE: The
Mayor explained that the City Council was advised late in the day that the person who was going
to speak on behalf of the developers will not be present at this meeting due to a family medical
emergency. The Mayor recommended that this hearing be continued to a future date.
Mayor Tedesco declared the hearing open. Merlin Pfannkuch, 1424 Kellogg Avenue, Ames,
explained that there are five criteria designated in the Iowa Code that allow for the creation of
an Urban Revitalization Area. Mr. Pfannkuch read the sections of the Code to which he was
referring and stated that Somerset Village does not meet any of the criteria; and therefore, it would
unlawful to create an Urban Revitalization Area.
Dick Pfeiffer, 2509 Kent Avenue, Ames, a resident of Somerset Subdivision, expressed his
concerns that the Somerset Subdivision is not developing. He asked that the City Council look
at why Somerset is not moving, instead of just proposing a three-year financial incentive.
Met Szopinski, 4123 Phoenix Street, Ames, believes that the Somerset Village development is
much too dense; the lots are too small.
Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, asked that the City Council request an opinion
from the Attorney General on the concerns he expressed about the legislative processes being
followed by the City Council. He further stated that he is very opposed to the establishment of
Somerset Village as an Urban Revitalization Area. Mr. Pfannkuch doesn’t feel that he should pay
more taxes to subsidize the Somerset Village and believes that the developers should be
embarrassed by their request. He believes that there is an over saturation of rental housing in
Ames.
Joe Lynch, 3700 Onion Creek Lane, Ames, explained that he has made several phone calls to
communities that are promoting the village concept. He summarized the results of his research.
Mr. Lynch doesn’t believe that providing tax incentives is the answer for the struggles being
experienced in Somerset Village. He advised of a book written by Andres Duany entitled,
“Suburban Nation -- The Rise of Sprawl and the Decline of the American Dream,” that
specifically addresses the Somerset Village and that style of development. Mr. Lynch stated that
he will provide copies of the results of his research to the City Council prior to the continuation
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of this hearing.
Reiny Friedrich, R. Friedrich & Sons, Inc., Ames, speaking as one of the developers of Somerset
Village, apologized that their representative was unable to be present at this meeting.
Mayor Tedesco stated that he will request an opinion from the City Attorney on Mr. Pfannkuch’s
concerns over procedures followed by the City Council. He explained that the City Council may
not request an opinion directly from the Attorney General; that must be done through a state
legislator.
Council Member Quirmbach said that he is still uncertain, after the developers have submitted
some information, how fast properties are selling in Somerset. He referenced a letter that the City
Council received from another realtor not affiliated with the Somerset development alleging that
townhomes in the Somerset Subdivision are selling at a faster rate than those located elsewhere
in the City. Mr. Quirmbach said he would like the City Assessor to perform an independent
analysis of the sale of townhomes and single-family dwellings in Somerset. He also would like
to know how many of the constructed homes in Somerset that have not been selling are in the
below-median house price range. Lastly, he asked to have this information shared with
representatives of the Ames School District, if it had not already been done; if this item passes,
it will mean a loss of funding to the School District in the amount of $1,046,272.
Moved by Quirmbach, seconded by Hoffman, to request that the City Assessor evaluate the data
that has been provided on the rate of house sales in Somerset Subdivision and to develop
appropriate comparisons to other Subdivisions.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Wirth, to continue this hearing at their regular meeting of
December 19, 2000.
Vote on Motion: 6-0. Motion declared adopted unanimously.
HEARING ON AMENDMENT TO THE URBAN REVITALIZATION PLAN FOR URA #7:
Mayor Tedesco declared the hearing open.
Moved by Cross, seconded by Hoffman, to continue this hearing at the City Council’s regular
meeting of December 19, 2000.
Vote on Motion: 6-0. Motion declared carried unanimously.
STATUS REPORT ON VISIONAIRE: Council Members Goodhue and Cross recused themselves
from discussion due to their interests in the VisionAire Corp.
Jim Rice, 2504 Bristol, Ames, representing the VisionAire Corp., explained the problems they
have encountered in the manufacturing of aircraft; they are working on solutions. VisionAire
Corp. has also been working on reconstructing their debt. To date, six jobs have been created that
are eligible to be counted toward the job total of 153. Mr. Rice advised that they would not be able
to meet the required level of jobs by December 31, 2000.
Steve Schainker, City Manager, explained the liabilities of the City pertaining to the RISE funds
VisionAire received from the Iowa Department of Transportation and the CEBA funds they
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received from the Iowa Department of Economic Development.
Mr. Rice informed the Council that within calendar year 2001, the company anticipates creating
ten to twelve jobs; by calendar year 2002, they anticipate creating another fifty jobs; and they feel
that they will be in full operation by calendar year 2003.
Moved by Campbell, seconded by Hoffman, to request a one-year extension from the IDOT and
the IDED.
Roll Call Vote: 4-0-2. Voting aye: Campbell, Hoffman, Quirmbach, Wirth. Voting nay: None.
Abstaining: Cross, Goodhue. Motion declared carried.
Meeting recessed at 9:25 p.m. and reconvened at 9:30 p.m.
STAFF REPORT ON COLLABORATION WITH AMES RENTAL PROPERTY OWNERS
ASSOCIATION: Vanessa Baker Latimer, Housing Coordinator, explained that the Housing staff
is required by HUD to conduct a “Rent Reasonableness” Housing Survey to determine that the
units assisted under the Section 8 Program are comparable to units that are available on the
unassisted rental housing market in areas of rent, utilities, and amenities. She said that the Ames
Rental Property Owners’ Association inquired if the Housing staff would be interested in
partnering with them to expand the Survey to include the entire data base of property owners in
Ames and collect additional information about the rental housing market. Ms. Baker Latimer
explained the rental survey responses. She stated that property owners who returned their
completed survey(s) by the deadline were eligible to win a gift certificate.
Reiny Friedrich, representing the Ames Rental Property Owners’Association, explained that there
are approximately 8,000 rental properties in Ames, not counting those owned by Iowa State
University. The Association had asked the Housing staff to expand their survey to collect
additional information about the rental housing market, and they agreed to cover the additional
cost of time and material for this expanded survey. He expressed his appreciation to the Ames
Planning and Housing Department for their cooperation in forming this joint venture.
Ms. Baker Latimer introduced her staff: Andrea Buchele and Michelle Spohnheimer.
Mayor Tedesco drew the names of the following winners of gift certificates:
1.Property owners who own fewer than five buildings: Bill Nelson
2.Property owners who own six to ten buildings: Ray Michaud
3.Property owners who own 11 or more buildings: Dick and Rena Hall
4.All property owners who sent back the yellow survey: Denise Mather
5.All property owners who sent back the blue survey: Carol Vekre
STAFF REPORT ON RENOVATION OF THE BANDSHELL: Nancy Carroll, Director of
Parks & Recreation, gave a chronology of improvements made to the Bandshell. She stated that,
due to concerns expressed by the City Council about mold and moisture exacerbating the
condition of Bandshell and their request to expedite its restoration prior to the Bandshell
Restoration Committee completing their fund-raising efforts, staff contacted the Haila
Engineering Group (HEG) to assess the condition of Bandshell. Ms. Carroll informed the Council
that the HEG reported that there are no signs of further decay to the underside of the concrete slab,
and there is no evidence of mold, mildew, or moisture being present. It was the opinion of the
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HEG that no additional remedial work is necessary at this time to extend the life expectancy of
the Bandshell. According to Ms. Carroll, it was staff’s recommendation that the overall Bandshell
project be bid as one total package in an attempt to receive more competitive bids.
FLAME/GRAPHITE FURNACE ATOMIC ABSORPTION SPECTROPHOTOMETERS:
Moved by Wirth, seconded by Cross, to accept the report of bids and approve delay of award for
the Flame/Graphite Furnace Atomic Absorption Spectrophotometers.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FOR RESEARCH STUDY TO EVALUATE THE CAPACITY OF THE
NITRIFYING TRICKLING FILTERS AT WPC PLANT: Moved by Quirmbach, seconded by
Wirth, to adopt RESOLUTION NO. 00-522 approving the graduate research proposal at a cost
of $24,150 and authorizing funding from the Sewer Fund balance.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE DESIGNATING A SEGMENT ALONG GARDEN ROAD FROM GARNET
DRIVE TO VIOLA MAE AVENUE AS A “SNOW ROUTE”: Moved by Goodhue, seconded
by Campbell, to pass on first reading an ordinance designating a segment along Garden Road from
Garnet Drive to Viola Mae Avenue as a “snow route.”
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Cross, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Quirmbach, to pass on second and third readings and adopt
ORDINANCE NO. 3600 designating a segment along Garden Road from Garnet Drive to Viola
Mae Avenue as a “snow route.”
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE CHANGING THE PARKING PROHIBITIONS ALONG EMERALD DRIVE
(JEWEL DRIVE TO GARDEN ROAD) FROM THE EAST TO THE WEST SIDE, AND
DESIGNATING PARKING PROHIBITIONS ALONG THE EAST SIDE OF EMERALD
DRIVE 150' WEST OF JEWEL DRIVE: Dan Strodtman, 3315 Emerald Drive, Ames, explained
that his neighborhood has changed a lot in the past few years. He thanked the staff for their
assistance and asked that the ordinance be passed on all three readings at this meeting.
Moved by Goodhue, seconded by Wirth, to pass on first reading an ordinance changing the
parking prohibitions along Emerald Drive (Jewel Drive to Garden Road) from the east to the west
side, and designating parking prohibitions along the east side of Emerald Drive 150' west of Jewel
Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Goodhue, to suspend the rules necessary for the adoption of
an ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
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Moved by Goodhue, seconded by Cross, to pass on second and third readings and adopt
ORDINANCE NO. 3601 changing the parking prohibitions along Emerald Drive (Jewel Drive
to Garden Road) from the east to the west side, and designating parking prohibitions along the
east side of Emerald Drive 150' west of Jewel Drive.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Mr. Strodtman asked that the City enforce the rental regulations; he believes that there are over-
occupied dwellings in his neighborhood.
ORDINANCE CHANGING THE PARKING PROHIBITIONS ON WEST STREET AND
HOWARD AVENUE: Moved by Campbell, seconded by Cross, to pass on first reading an
ordinance changing the parking prohibitions on West Street and Howard Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REZONING OF PROPERTY COMMONLY KNOWN AS THE “UTHE
FARM” THAT IS GENERALLY LOCATED NORTH OF BLOOMINGTON ROAD, WEST
OF THE BLOOMINGTON HEIGHTS SUBDIVISION AND EAST OF GEORGE
WASHINGTON CARVER FROM “A” (AGRICULTURAL) TO “SRLD” (SUBURBAN
RESIDENTIAL LOW DENSITY) AND “SRMD” (SUBURBAN RESIDENTIAL MEDIUM
DENSITY): Moved by Hoffman, seconded by Cross, to pass on second reading an ordinance
rezoning the property commonly known as the “Uthe Farm” from “A” (Agricultural) to “SRLD”
(Suburban Residential Low Density) and “SRMD” (Suburban Residential Medium Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON HUNT STREET: Moved by
Goodhue, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3598
designating parking prohibitions on Hunt Street.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE PERTAINING TO EFFECTIVE DATES OF INSURANCE CERTIFICATES
FOR LICENSING OF TREE SURGEONS: Moved by Hoffman, seconded by Cross, to pass on
third reading and adopt ORDINANCE NO. 3599 pertaining to effective dates of insurance
certificates for licensing of tree surgeons.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
BUDGET GUIDELINES: A letter had been received and placed around the dais this evening from
Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, with suggestions for the next fiscal year’s
budget, including: (1) that the aggregate salary for Mayor and Council members be set to equal
the base pay of the City Manager, (2) that a position entitled Community Development
Coordinator/Director be created, (3) that a new list summarizing economic development
expenditures for the last ten years be prepared.
Duane Pitcher, Finance Director, outlined the packet of information provided to the City Council
on the 2001/02 budget issues. He reviewed the amounts anticipated to be received in Local Option
Sales Tax.
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Steve Schainker stated that the arts organization funding has been left at 5% for 2001/02
($88,358). He asked that the City Council inform the staff if that is not their desire. Mayor
Tedesco recommended that the City Council set a workshop to discuss funding allocations to the
arts agencies and look at where the City funds are actually going. Mr. Schainker indicated that
a report will be prepared by staff showing to what agencies and in what amounts the funding is
being allocated. The Mayor advised that after that report is received, a workshop will be set.
Mr. Schainker reminded the City Council that they will be asked to consider three significant
Capital Improvement Plan (CIP) projects: the third Fire Station, Recreation/Aquatics Center, and
Hallett’s Quarry Open Space Project. Information will soon be provided regarding the initial
capital cost, the ongoing operating costs, and the associated tax implications (General Levy/Debt
Service Levy) for each of these projects. He told the City Council that all three projects will
require an affirmative bond referendum. Mr. Schainker recommended that a public forum be held
for the groups to provide input to the City Council on how they believe the projects should be
prioritized. It was the consensus of the Council that this public forum be held in conjunction with
the City Council’s regular meeting of January 9; the meeting will commence at 5:30 p.m. On
January 16, the CIP will be reviewed as will the prioritization of the three significant possible CIP
projects listed above; that meeting was already scheduled to begin at 5:15 p.m.
Mr. Pitcher stated that it is the City’s current informal debt service policy to issue no more than
75% of the state mandated debt limit. He said the City will be approaching this limit if the current
Recreation/Aquatics Center plan is approved.
Mr. Schainker briefly explained other 2001/02 budget issues, as follows: Health Insurance, Risk
Management, the Resource Recovery Plant, Fleet Fuel Costs, Leased Housing Program, Sub-Area
Planning, and County-Wide Affordable Housing Program.
Referencing the Dayton Avenue CIP Project (overpass along Dayton Avenue between Lincoln
Way and 13th Street), Mr. Schainker explained that there is a possibility of an unexpected federal
grant in the amount of $3,200,000; this would mean a savings of $2,570,000 to the City. The state
grant of $1,000,000 is still not guaranteed, however. Mr. Schainker asked if the City Council still
would expect the property owners adjacent to the Dayton Road improvement to contribute to the
project by donating the land required to complete the project. It was the consensus of the City
Council that they still had that expectation.
Assistant City Manager Bob Kindred talked about what impacts the 2000 Census results may have
on upcoming budgets, specifically addressing transportation funding and Community
Development Block Grant funding.
COMMENTS: Council Member Hoffman stated that it had been brought to her attention that an
alley on Hunt Street is full of garbage and junk.
Council Member Campbell said that several people had asked her if there could be more trash
receptacles on Main Street.
ADJOURNMENT: 10:55 p.m.
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_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor