HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/23/1999MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
CITY OF AMES, IOWA MARCH 23, 1999
The Ames City Council met in regular session at 7:00 p.m. on the 23rd day of March, 1999, 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, Hoffman, Quirmbach, and
Wirth. Council Member Parks was absent.
CONSENT AGENDA: Item 15 was pulled from the Consent Agenda for separate consideration.
Moved by Wirth, seconded by Cross, to approve the following items on the Consent Agenda:
1.Motion approving payment of claims
2. Motion approving minutes of regular meeting of March 11, 1999
3. Motion approving renewal of the following beer permits and/or liquor licenses:
a. Special Class C Liquor - Valentino’s, 2500 Ferndale
b. Class E Beer - Cyclone Liquors, 626 Lincoln Way
c. Class C Beer - Swift Stop #4, 1118 South Duff
d. Class C Beer - Swift Stop #5, 3218 Orion
e. Class C Beer - Jiffy, 326 Lincoln Way
f. Class C Liquor and Outdoor Service Area - Cy’s Roost/Lost & Found Lounge, 121 Welch
g. Class C Liquor - Lucullan’s, 400 Main
h. Class C Liquor - Tazzles/Winstons, 124-126 Welch
4. Motion to set special meeting for March 30, 1999, at 5:15 p.m. to consider Urban Revitalization Plan
5. RESOLUTION NO. 99-81 adopting Supplement No. 15 to the Municipal Code
6. RESOLUTION NO. 99-82 approving boards and commissions appointments
7. RESOLUTION NO. 99-83 approving 5th Annual Mayor’s Bicycle Ride activities including waiver
of fees for traffic control and waiver of parking prohibitions
8. RESOLUTION NO. 99-84 approving Resource Recovery System Comprehensive Plan
9. RESOLUTION NO. 99-85 approving plans and specifications for 1999-2000 Storm Sewer Intake
Reconstruction Program; setting April 21, 1999, as bid due date and April 27, 1999, as date of public
hearing and award of contract
10. RESOLUTION NO. 99-86 approving plans and specifications for 1999-2000 Sidewalk Safety
Program; setting April 21, 1999, as bid due date and April 27, 1999, as date of public hearing and
award of contract
11. RESOLUTION NO. 99-87 awarding contract for Pipe Cleaning to Hydro-Klean in the amount of
$39,185.45
12. RESOLUTION NO. 99-88 approving contract and bond for Main Street Reconstruction Project
(1998-99 Downtown Redevelopment)
13. RESOLUTION NO. 99-89 accepting completion of South Duff Widening and Resurfacing Project
14. RESOLUTION NO. 99-90 approving final plat for Dauntless Subdivision, 2nd Addition
15. RESOLUTION NO. 99-92 approving renewal of contract for hauling and related services from
Resource Recovery Plant to Boone County Landfill
16. RESOLUTION NO. 99-93 adopting Section 8 Administrative Plan in connection with the City’s
Section 8 Rental Assistance Housing Program
17. RESOLUTION NO. 99-94 approving request to subordinate the City’s second mortgage lien for
5462 Frost Drive in connection with the City’s Phase III Affordable Housing Program in Bentwood
Subdivision
18. RESOLUTION NO. 99-95 authorizing Mayor to sign contracts with participating businesses in
connection with City’s Floodwall and Backwater Prevention Valve Construction Program
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one came forward to speak.
COAL SUPPLY AGREEMENT WITH CARGILL-ALLIANT, LLC: Merlin Hove, Director of
Electric Utility, summarized the contract with Cargill-Alliant. The effective date of the contract will
be September 1, 1999. The current contract expires on June 30, 1999; however, a request for an
extension to August 31 will be brought to Council for approval in April. The truck route will be I-35
to U.S. 30, west on U. S. 30 to Dayton Avenue, north on Dayton Avenue to Lincoln Way, west on
Lincoln Way, and then north on Center Street to the coal storage yard. Deliveries are to be
scheduled so as to avoid major rush hour traffic in Ames.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 99-91 approving the Coal Supply
Agreement with Cargill-Alliant, LLC.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SEASONAL CLASS B BEER PERMIT AND OUTDOOR SERVICE AREA FOR AMES
SLOWPITCH SOFTBALL ASSOCIATION: Moved by Hoffman, seconded by Cross, to approve
a Seasonal Class B Beer Permit and Outdoor Service Area Permit for Ames Slowpitch Softball
Association, River Valley Park, E. 13th Street.
Vote on Motion: 5-0. Motion declared carried unanimously.
VEISHEA 1999 REQUESTS: Moved by Campbell, seconded by Cross, to approve the request of
VEISHEA 1999 Committee for waiver of electrical and water charges and vendor solicitation
fees.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 99-96 approving the
request of VEISHEA 99 Committee to close certain streets, City parking lots, and metered
parking spaces for VEISHEA and directing the placement of signs and devices for traffic and
parking control, as follows:
1. Welch Avenue from Chamberlain Street to Lincoln Way: The parking spaces and the
roadway shall be closed at 3:00 a.m. on Friday, April 16, 1999, until 12:00 p.m. on Sunday,
April 18, 1999.
2. Welch Avenue from Chamberlain Street to Hunt Street: The parking spaces shall be closed
at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 16, 1999, until 12:00 p.m. on
Sunday, April 18, 1999.
3. Chamberlain Street from the Welch Avenue intersection to Stanton Avenue: The parking
spaces shall be closed at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 16, 1999,
until 12:00 p.m. on Sunday, April 18, 1999.
4. Chamberlain Street from the Welch Avenue intersection to Hayward Avenue: The parking
spaces shall be closed at 3:00 a.m. and the roadway at 10:00 a.m. on Friday, April 16, 1999,
until 12:00 p.m. on Sunday, April 18, 1999.
5. City Parking Lot Y (next to T-Galaxy) shall be closed from 10:00 a.m. on Friday, April 16,
1999, until 12:00 p.m. on Sunday, April 18, 1999.
6. The City parking lot on Welch Avenue between McDonalds and Pizza Pit shall be closed
from 10:00 a.m. on Friday, April 16, 1999, until 12:00 p.m. on Sunday, April 18, 1999.
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Reserved spaces shall not be closed.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
NEIGHBORHOOD IMPROVEMENT PROGRAM GRANTS: Council Member Quirmbach
asked for clarification as to why the Sawyer School landscaping project was not being
recommended for funding. City Manager Steve Schainker explained that the application had
been submitted by the PTO, not neighborhood residents; no monetary match was proffered; there
was no indication of residents providing labor or in-kind services; and landscaping in front of
the School does not substantially provide additional benefit for the use of the School by the
neighborhood residents. Mr. Quirmbach felt that this project should not be precluded from the
list approved for funding. Council Member Campbell pointed out that this project could be
included in the next round if the project is changed to fit the guidelines of the program.
Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 99-97 approving the
following projects for funding at this time:
1. Planting Maple Trees at the Entrance to Bentwood (Wilder/Lincoln Way and Daley Park) -
$1,060
2. Restoration of Old Town Park (9th and Douglas) - $2,605
3. Red Oak/White Oak Commons - $3,767.50
4. Old Town Tree Planting Guild - $2,000
5. Planting Trees in Hillside Subdivision - $2,336
6. Ames Community Garden at Squaw Creek Park - $3,090
7. Landscaping Indian Grass Court “Island” - $3,762; and,
to authorize staff to work with two applicants, Battered Women’s Shelter ($5,000) and Stone
Brooke Homeowners Association ($2,300), to bring their applications into compliance with NIP
criteria; and, if the applications satisfy the criteria by April 15, 1999, to fund these additional
two projects.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
EMERGENCY RESPONSE PLAN: This item was pulled from the agenda pending additional
data from Mary Greeley Medical Center.
SOUTH DUFF AVENUE SPEED LIMIT: Dinah Kerksieck, 621 Garden Road, Ames, spoke as
a member of the Kate Mitchell Neighborhood Association, stating that they are very concerned
about safety on S. Duff, and they feel that the staff’s recommendations will improve the
situation. She encouraged review by the IDOT on an ongoing basis.
Moved by Campbell, seconded by Cross, to direct staff to request that the IDOT lower the speed
limit to 45 mph along S. Duff in a zone from Airport Road to the south corporate limits.
Moved by Wirth, seconded by Quirmbach, to amend the motion to add that the staff request the
IDOT to monitor the area every six months on an ongoing basis due to the changing
development.
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Vote on Amendment: 5-0. Motion declared carried unanimously.
Vote on Amended Motion: 5-0. Motion declared carried unanimously.
APPEAL OF 1999 TAXES ON AIRPORT HANGARS/WAIVER OF 1998 TAXES: Moved by
Wirth, seconded by Hoffman, to approve the request from Midwest Flying Service and authorize
the City Attorney to initiate an appeal of the 1999 assessments on the hangars at the Municipal
Airport and to contact the Story County Board of Supervisors concerning setting aside the taxes
based on prior assessments.
Vote on Motion: 5-0. Motion declared carried unanimously.
PUD PLAN FOR SOMERSET SUBDIVISION/CHANGE TO AGREEMENT: Moved by
Campbell, seconded by Cross, to adopt RESOLUTION NO. 99-98 approving amendments to
the Planned Unit Development (PUD) Plan pertaining to the rezoning, platting, and development
of Somerset Subdivision with the following stipulations: (1) That the Village Apartment zero-
lot-line garages be in substantial compliance with the architectural representations approved by
staff, including roof design and placement of windows, and (2) That there be party wall
agreements for all zero-lot-line garages.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
P-C PLAN FOR 217 STANTON AVENUE: Council Member Campbell expressed her concerns
that if this P-C Plan were approved for 217 Stanton Avenue, it could result in fewer parking
spaces for the apartment complexes and more cars parking on the street. Brian O’Connell,
Director of Planning and Housing, explained that this project involves the removal of two
existing residential structures (at 221 and 223 Stanton Avenue) and the construction of a 12-unit
apartment building. The required parking for the new apartment building cannot be met entirely
on the two lots; thus, the developer is proposing to extend some of the parking onto 217 Stanton
Avenue, which is zoned Planned-Commercial (P-C).
Council Member Wirth noted that staff is recommending limiting occupancy at 223 Stanton due
to the lack of available parking and asked if that were also a possibility at 217 Stanton. Brian
O’Connell stated that as a matter of ordinance authority, the number of parking spaces required
is based on the number of bedrooms contained in each unit of the complex.
Council Member Wirth also has a concern that there is no screening of the parking lot from the
street and believes that it could be easily done with a hedge or a low fence. After viewing the
area, Ms. Wirth would like to see landscaping between adjacent buildings. She stated that she
would like to see this requirement incorporated into the Zoning Ordinance as well.
Moved by Cross, seconded by Campbell, to adopt a resolution approving the P-C Plan at 217
Stanton Avenue to allow the construction of a parking lot with the following stipulations: (1)
That the list of impermissible uses be adopted and a single-family dwelling be the only permitted
use for 217 Stanton, and (2) That a parking agreement be signed and approved by the City
assuring the retention of the ten parking spaces at 217 Stanton Avenue to meet the parking
requirement for 223 Stanton Avenue and a cross easement be provided for the joint driveway
and joint parking between 217 and 223 Stanton Avenue.
Roll Call Vote: 0-5. Motion failed.
Moved by Campbell, seconded by Cross, to refer this matter back to staff.
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Vote on Motion: 5-0. Motion declared carried unanimously.
Mayor Tedesco recognized the special guests present representing the German Marshal Fellowship
Program. Laura Dittel from Slovakia, Ruth Peetoom from The Netherlands, Waldemar Kumor from
Poland, and Paul Ortega from Spain introduced themselves and briefly described their occupations
in their native countries.
AMENDMENT TO SNOW ORDINANCE: Moved by Cross, seconded by Wirth, to pass on first
reading an ordinance amending the Snow Ordinance to extend coverage of the snow removal
area in the Downtown District.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE EXTENDING SCHOOL BUS LOADING ZONE PARKING RESTRICTION
ON BURNETT AVENUE: Moved by Hoffman, seconded by Cross, to pass on first reading an
ordinance extending the school bus loading zone parking restriction on Burnett Avenue by
Meeker School.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON SE THIRD STREET AND
SE FIFTH STREET: Moved by Hoffman, seconded by Wirth, to pass on first reading an ordinance
establishing parking restrictions on SE Third Street and SE Fifth Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING PROHIBITIONS ON GRANT CIRCLE,
WELBECK DRIVE, AND HYDE AVENUE IN BLOOMINGTON HEIGHTS SUBDIVISION:
Moved by Cross, seconded by Campbell, to pass on second reading an ordinance designating
parking prohibitions on Grant Circle, Welbeck Drive, and Hyde Avenue in Bloomington Heights
Subdivision.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HOTEL/MOTEL TAX INCREASE: Steve Schainker reviewed the past direction given to the staff
by City Council in regards to the agreements pertaining to the usage of the funds generated by
the additional tax. Mr. Schainker explained the components of the Agreement to Procure
Improvements to Hilton Coliseum and the Agreement to Procure Increased Services to
Encourage Conventions and Events to Locate in Ames. He informed the Council that the
Memorial Union Board of Directors had passed a resolution indicating that it will make the
appropriate contribution for the proposed ten-year period. An Addendum to the Agreement
between the City and the University was distributed to Council which contained all of the
provisions that the City had originally requested. Due to the Memorial Union’s tax-exempt
status concerns, their legal counsel recommended that the Union’s contribution towards this
cause be paid to Iowa State University with the University then passing the contribution on to
the City of Ames.
Mr. Schainker summarized the proposed agreement between the City and the University as
follows: the funds will be used to pay for the debt incurred up to $2,500,000 to correct the safety
deficiencies, increase the number of restrooms by six, provide ADA accessibility, and increase
the seating by 1,400 seats at Hilton Coliseum, said improvements to be completed by December
31, 2001; during the first five years, ISU will receive the revenue produced by two of the
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percentage points of a hotel/motel tax rate of 7%, and from years six thru ten, ISU will receive
1% of this revenue source; upon conclusion of the ten-year term, if the amount of funds
distributed to ISU exceeds the debt service on these projects, ISU will refund the difference to
the City; ISU must contribute a minimum of $3.7 million to this project; and these funds will be
paid semi-annually to ISU by the City. The proposed Addendum to the Agreement between the
City and the University included the following provisions: the University will pay the City a sum
of money equivalent to 7% of the Memorial Union’s gross receipts from the renting of sleeping
rooms, apartments, or other sleeping quarters in the building; and the University will enter into
an agreement with the Memorial Union concerning the 7% contribution. The highlights of the
proposed Agreement between the City and the Ames Convention & Visitors Bureau (ACVB)
included: the ACVB will receive 1% of the revenue generated from an increase in the
hotel/motel tax from 5% to 7% during years six thru ten, the funds must be used to encourage
conventions and events to locate in Ames, and the funds will be disbursed quarterly to the
ACVB by the City.
Council Member Quirmbach stated that he would like to see the Agreement between the City
and ISU include a provision that the City will have access to Hilton Coliseum since they are
contributing significant tax dollars to this project. Mr. Schainker stated that staff had not
previously been given that direction from Council; therefore, it was not included in the proposed
Agreement. Rich Harter, Executive Director of the ACVB, stated that Hilton Coliseum is
managed by an independent contractor which caters to both University-related and non-
University-related events. He said that in his tenure of five years, there had never been an issue
of a University-related event taking precedence over a non-University event.
Council Member Quirmbach asked what the legal effect would be if the University failed to
comply with any provisions of the Agreement. City Attorney John Klaus stated that any breach
of the Agreement would entitle the City to withhold the proceeds of the hotel/motel tax or to
declare the Agreement in default and cancel same.
Mr. Quirmbach also asked if the Agreement had been approved by the Board of Regents. Mr.
Klaus said it was his understanding that the Agreement would not go before the Board of
Regents. Murray Blackwelder, ISU Vice President for External Affairs, stated that Warren
Madden had authority to sign the Agreement at this time. Capital projects must go to the Board
of Regents for approval to show where the revenue stream will come from; if the voters pass this
issue, the Board of Regents will review the project.
Council Member Quirmbach voiced his objection to this issue stating that he did not believe
Council had investigated the alternatives to put the best possible option for disbursement of
funds before the voters. He does not feel that constructing more seats in Hilton Coliseum would
provide any valuable cultural benefit and the costs should not be borne by the hotel/motel
industry. Council Member Campbell said that she feels the proposed Hilton improvements have
a direct correlation to the hotel/motel industry in that the events held there bring persons to the
community who use their services. Council Member Wirth pointed out that the City Council is
not making a recommendation for or against the passing of the tax; they are putting it to a vote
to let the citizenry decide.
Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 99-99 approving the
Agreement with Iowa State University and RESOLUTION NO. 99-100 approving the
Agreement with the Ames Convention and Visitors Bureau, all in reference to an increase in the
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rate of the hotel/motel tax.
Roll Call Vote: 4-1. Voting aye: Campbell, Cross, Hoffman, Wirth. Voting nay: Quirmbach.
Resolutions declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
Moved by Campbell, seconded by Cross, to pass on third reading and adopt ORDINANCE NO.
3519 to increase the hotel/motel tax to 7%.
Roll Call Vote: 4-1. Voting aye: Campbell, Cross, Hoffman, Wirth. Voting nay: Quirmbach.
Ordinance declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 99-102 requesting the
County Auditor to set April 27, 1999, as the date of Special Election relative to increasing the
hotel/motel tax to 7%.
Roll Call Vote: 4-1. Voting aye: Campbell, Cross, Hoffman, Wirth. Voting nay: Quirmbach.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
Moved by Quirmbach, seconded by Campbell, that the costs of this election be borne by the City
out of the hotel/motel tax revenue account.
Vote on Motion: 5-0. Motion declared carried unanimously.
COMMENTS AND FUTURE AGENDA ITEMS: Moved by Campbell, seconded by Wirth, to
refer the letter dated March 22, 1999, from Marguerite, Randy, and Karin Sevde regarding the
Southern Hills Industrial Park to staff.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Wirth, to refer the letter dated March 18, 1999, from
Augustus and Betty Lartius, LPM Homes, regarding providing City services to Country Terrace
Mobile Home Park to staff.
Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: The meeting adjourned at 8:45 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor
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