HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/14/1999MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 14, 1999
The Ames City Council met in regular session at 5:15 p.m. on the 14th day of September, 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, Parks,
Quirmbach, and Wirth.
CALL TO ORDER: 5:15 p.m.
PRESENTATION OF GIFT FROM ENZAN CITY: Mayor Tedesco advised that a delegation
of 27 residents from Enzan City, Japan, had recently visited Ames. The Mayor presented a
photograph of the Gardens of Enzan City, which had been given to the City from the delegates.
He stated that this framed photograph will be hung in the City Manager’s Office.
PROCLAMATION FOR 50TH ANNIVERSARY OF BELOIT RESIDENTIAL
TREATMENT CENTER: Mayor Tedesco read a proclamation in honor of the 50th anniversary
of the Beloit Residential Treatment Center, 1322 Northwestern Avenue. Activities in observance
of the event will occur during the week of September 13 - 19, 1999. David Brown and Rod
Mayes were present to accept the proclamation on behalf of the Beloit Residential Treatment
Center.
CONSENT AGENDA: Moved by Cross, seconded by Hoffman, to pull Item No. 15 for separate
consideration and to approve the following items on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of regular meeting of August 24, 1999, and special meeting of August 31,
1999
3.Motion approving the following beer permits/liquor licenses:
a.Class C Liquor - E. J.’s Legacy, 111 Fifth Street
b.Class C Liquor - The Mandarin, 415 Lincoln Way
c.Class C Liquor - The Corner Pocket/Main Attraction, 125 Main Street
d.Class B Beer - Decker’s Petro Palace, 821 Lincoln Way
e.Class BW Liquor - Le’s Vietnamese Restaurant, 113 Colorado
f.Class B Wine & Class C Beer - Kmart #3971, 1405 Buckeye Avenue
g.Class B Beer - Long John Silver’s Seafood Shop #5139, 533 Lincoln Way
h.Class C Liquor & Outdoor Service Area - Wallaby’s Grille, 3720 Lincoln Way
i.Class B Wine & Class C Beer - Hy-Vee #2, 640 Lincoln Way
4.Motion to refer to Planning and Zoning Commission the request for annexation of approximately 18.5
acres generally located west of the corporate limits along Lincoln Way north of Bentwood Subdivision
5.RESOLUTION NO. 99-326 approving appointment of Ann Campbell as voting delegate and Sharon
Wirth as alternate voting delegate for National League of Cities Conference
6.RESOLUTION NO. 99-327 amending City Manager’s Employment Agreem ent
7.RESOLUTION NO. 99-328 approving waiver of formal competitive proposal requ irement and
approving Engineering Services Agreement with Howard R. Green Company for Water/Wastewater
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Laboratory Expansion
8.RESOLUTION NO. 99-329 approving 1999 Street Finance Report
9.RESOLUTION NO. 99-330 approving CEBA application on behalf of ETREMA
10.RESOLUTION NO. 99-331 authorizing Mayor to sign HUD documents pertaining to Annual
Contributions Contract (ACC) renewals in connection with the City’s Section 8 Moderate
Rehabilitation Program
11.RESOLUTION NO. 99-332 accepting deed from Forbes Pharmacy Corporation a/k/a Medicap
Pharmacy to strip of land 8' wide abutting and east of the east line of Lot 1 of Lockwood’s Addition
12.RESOLUTION NO. 99-333 approving carrying over Fleet Acquisition Funds from FY 1998/1999 to
FY 1999/2000
13.RESOLUTION NO. 99-335 approving change orders for Main Street Redevelopment Program
14.RESOLUTION NO. 99-336 approving completion of the construction of Municipal Tennis Complex
at Ames High School
15.RESOLUTION NO. 99-337 approving completion of Raw Water Transmission Main
16.RESOLUTION NO. 99-338 approving final plat for Stagecoach Summit Subdivision
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REROOFING ADMINISTRATIVE OFFICE OF THE PARKS AND RECREATION
BUILDING LOCATED AT 1500 GATEWAY HILLS PARK DRIVE: In light of the
possibilities which may result from the pending Parks and Recreation Master Plan, Council
Member Cross requested more information on the needs of the Parks and Recreation
Administration Building. Nancy Carroll, Director of Parks and Recreation, stated that they have
repaired the roof a number of times; however, it continues to leak. Ms. Carroll explained that
the Parks and Recreation Master Plan is not yet approved and it is unknown what the
Administration Building will or will not be used for in the future. She feels that the condition
of the roof is very poor and to forestall reroofing may result in more costly repairs.
Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 99-334 approving
preliminary plans and specifications for Reroofing the Administrative Office of the Parks and
Recreation building located at 1500 Gateway Hills Park Drive; setting October 13, 1999, as the
bid due date and October 26, 1999, as the date of public hearing.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
REQUEST FOR ENCROACHMENT PERMIT FOR FLOODWALL FOOTING AT 505 S.
DUFF AVENUE: Moved by Quirmbach, seconded by Hoffman, to approve the request for an
encroachment permit for floodwall footing at 505 S. Duff Avenue subject to receiving the
signature of the owner.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST OF CHRIS PERRIN TO VACATE AND SELL CITY PROPERTY ADJACENT
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TO 111 AND 119 NINTH STREET: A letter from Jana Perrin was distributed to the Council
requesting that they table this request due to Chris Perrin, the applicant, being out of town.
Moved by Hoffman, seconded by Wirth, to table this request until the next regularly scheduled
City Council meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FROM HISTORIC OLD TOWN ASSOCIATION TO CLOSE 800 BLOCK OF
DOUGLAS AVENUE FROM NOON TO 6:00 P.M. ON SEPTEMBER 26, 1999: Moved by
Quirmbach, seconded by Hoffman to adopt RESOLUTION NO. 99-339 approving the request
of the Historic Old Town Association to close the 800 block of Douglas Avenue on September
26, 1999, from Noon to 6:00 PM to conduct activities associated with their tenth anniversary.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST FROM MAIN STREET DISTRICT TO NOT REINSTALL PARKING METERS
ON MAIN TO FIFTH AND DUFF TO GRAND: City Manager Steve Schainker stated that City
staff had reviewed the latest proposal presented by representatives of the Main Street District.
Mr. Schainker gave the following highlights of that proposal: (1) All meters be removed or
bagged on the streets bounded by Main Street to the south, Fifth Street to the north, Duff Avenue
to the east, and Grand Avenue to the west; (2) A two-hour time limit be enforced by chalking
tires in that area; (3) Parking enforcement hours be reduced to 10 AM to 4 PM, Monday thru
Friday; (4) Finance this proposal with the sale of “mobile parking passes.” Mr. Schainker stated
that if this proposal were to be accepted, the total projected net annual deficient to the parking
fund would equal $111,921. He stated that in order to recoup this anticipated shortfall,
approximately 373 twelve-month passes would have to be sold annually. It was further noted
that the area south of the median in the CBD lot contains only 223 spaces, of which 96 spaces
are already committed to the 24-hour permits. The Council was given a number of options for
generating revenues to offset the projected net loss if meters are not reinstalled.
Council Member Campbell asked for an explanation of why maintenance and snow removal
costs are paid for out of the Parking Fund and not from Road Use Tax Funds. Mr. Schainker
explained that snow removal for Main Street is charged to the Road Use Tax Fund, but removal
of the snow piles is charged to the Parking Fund. He further stated that maintenance of the
meters and costs associated with the personnel involved in collecting, maintaining, and
enforcement are paid for from the Parking Fund; all the revenue is put back into the Parking
Fund to cover the expenditures associated with parking meters and lots. Council was reminded
that the Local Option Sales Tax Fund, not the Parking Fund, is used to fund the capital
improvements made to the parking lots.
Jim Moore, owner of Jet Print, 305 Main Street, expressed his concern for the downtown area.
According to Mr. Moore, out of the 100 surveys distributed to the downtown merchants, 63
indicated they were in favor of not having meters in the downtown area, 1 preferred to have
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meters, and three merchants asked to have a trial period without the meters. He also stated that
merchants had committed to purchasing 84 “mobile passes” should they be sold in the future.
Mr. Moore felt that it might be a possibility to make the lot north of the Public Library a location
where “mobile passes”could be used. He pointed out that the City purchased 204 meters to be
installed on Main Street, the cost of which exceeded $61,000. Mr. Moore figured that 601
meters would not have to be replaced or repaired in the future on Main Street and the associated
side streets if the City accepted the proposal of the Main Street District, and this would equate
to a savings of $180,300.
Council Member Cross asked what the incentive would be for people to spend $300/year to
purchase a “mobile pass” when they can just move their vehicle every three hours. Jim Moore
felt that many persons spend more than that amount for parking tickets annually; that would be
their incentive to purchase a “mobile pass.”
Mr. Cross also asked what measurements would be used to determine the success of the
proposed new method. Jim Moore advised that they would survey merchants to get their reaction
and get a report from the City staff to check on revenues. He suggested these surveys be
conducted quarterly. Mr. Moore explained that this was a very delicate issue to the merchants
of the downtown area. He conceded that they would not be able to sell 323 “mobile passes,”
which is the number it would take to offset the revenue loss.
Council Member Campbell said she feels people do not get upset over putting a nickel in the
parking meter; however, they become very upset if they receive a ticket and have to pay a fine
for an expired meter. She said it would further exasperate the situation if the fine were to be
increased, which is one of the options for offsetting the loss in revenue. Mr. Moore said he
believes it is the psychology of having to pay to park while shopping downtown that upsets
people.
Council Member Quirmbach asked if it is legal to plug parking meters. City Attorney John
Klaus advised that there is an ordinance prohibiting the plugging of meters in excess of the
maximum time allowed.
Council Member Hoffman indicated that she has never had a problem finding a parking space
on Main Street or in the CBD lot. Mr. Moore stated that the merchants feel they are getting a lot
of turnover without meters or enforcement. He believes that those vehicles parking all day on
Main Street are tenants of the downtown area. Mr. Moore would prefer that landlords tell their
tenants that they are not to park on Main Street for 24 hours/day and suggested that signs be
posted prohibiting same.
It was asked by Council Member Campbell what the timing of the contract for Main Street
Reconstruction was as far as reinstallation of the parking meters. Director of Public Works Paul
Wiegand advised that the contractor would like to have a decision as soon as possible; however,
the end of October is the absolute deadline. He further stated that there are 449 meters in the
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downtown area, and the City needs to give the contractor adequate time to get their work
accomplished.
Council Member Wirth pointed out that if there are no meters and no enforcement, there would
be no revenue coming in for maintenance. She feels this is a major concern because merchants
are not requesting a lower level of service, and the only way to pay for the maintenance would
be to raise taxes.
Council Member Cross suggested that a better way to spend monies would be to fund marketing
techniques to promote the downtown.
Council Member Campbell expressed her appreciation for the efforts of the downtown merchants
and the City to come up with alternatives; however, they do not appear to be viable.
Council Member Quirmbach pointed out that the private lots are not really providing free
parking; the cost of acquiring the land, improving, and maintaining same is passed on in the form
of higher rents; the merchants then pass the cost on to the consumer through higher prices. Mr.
Quirmbach said that if an indirect method of payment were to be considered, such as a Self-
Sustaining Municipal Improvement District (SMID), to offset the loss of revenue, he would be
amenable to looking at this issue again. Council Member Cross feels that a SMID would be
more fair since the assessment would be based on the value of the property.
Moved by Campbell, seconded by Cross, to deny the request of the Main Street District and
authorize the installation of parking meters in the Downtown system as well as maintaining the
current enforcement days/hours.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Quirmbach asked if it would be possible to install another drop box on Main
Street. Paul Wiegand, Director of Public Works, advised that the City has discouraged the
additional placement of drop boxes due to the recurrent vandalism experienced in the past.
Due to Council Member Wirth needing to leave the meeting early, Mayor Tedesco asked for any
comments that she wished to voice. Ms. Wirth advised that Tom Evans Park is basically unusable
due to bird droppings and apples dropping from the trees. It is her feeling that three or four large
trees need to be removed. She hopes that these trees would be replaced with something more
suitable when the landscaping is done for the Main Street Streetscape Project.
Moved by Wirth, seconded by Parks, to refer this matter to staff.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Wirth stated that the street condition of Wilson Avenue is quite poor. She
referenced the area from 7th Street to 20th Street, with a few exceptions where work has recently
been completed. She asked the staff to check the street condition of Wilson Avenue and advise if
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any work is planned to improve the condition of the street.
Mayor Tedesco informed Council that the Parks & Recreation Commission has asked to meet
with them. It was the concurrence of the Council members that they could meet with the
Commission on October 19 at 5:15 p.m. at the Parks and Recreation Administrative Building.
PROCEDURE TO WAIVE APPRAISAL FOR ACQUISITION OF PROPERTY WITH
LOW-MARKET VALUE: Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO.
99-340 prescribing a procedure to waive the appraisal in cases involving the acquisition of
property with a low fair market value for public improvement projects that may entail
condemnation.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
WAIVER OF IDOT’S LIABILITY ASSOCIATED WITH AUTOMATED TRAIN HORN
INSTALLATION: Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 99-341
approving waiver of Iowa Department of Transportation’s liability for conduit installation for
the automated train horn installations at the Clark, Kellogg, and Duff Avenue Crossings.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
URBAN REVITALIZATION AREA FOR 123 BEACH AVENUE: Moved by Hoffman,
seconded by Cross, to approve the application for an Urban Revitalization Area for 123 Beach
Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Quirmbach, to direct staff to prepare an Urban Revitalization
Plan for 123 Beach Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Wirth left the meeting.
Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 99-342 setting the date
of public hearing on the Urban Revitalization Plan for 123 Beach Avenue as October 26, 1999,
at 7:00 p.m.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CHANGE TO LUPP FOR PROPERTY GENERALLY LOCATED NORTHEAST OF AMES’
CORPORATE LIMITS, WEST OF DAYTON AVENUE, AND NORTH OF THE
EASTGATE COMMERCIAL DEVELOPMENT PARK: Brian O’Connell explained the request
of the applicant to amend the Land Use Policy Plan to expand the “New Lands” urban growth
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boundary and to change the land use designation on the LUPP Map from
“Agricultural/Farmstead” to “General Industrial.” He outlined the boundaries of the property in
question. Mr. O’Connell advised that the Planning and Zoning Commission recommended that
the boundaries not be changed; but directed that the land available for industrial development
be reviewed. Staff has since reviewed the amount of land available for General-Industrial
purposes and determined that out of the 11,090 acres, 925 acres are developed; 133 acres are not
developed, but in the floodplain; 31 acres are not developed, but limited due to private
ownership; and no land is owned by any governmental entity. If the 133 acres in the floodplain
are determined to not be a viable resource and removed from the total, the net acres available
would be 85.
Mr. O’Connell gave a synopsis of the Planned-Industrial land use inventory. He advised that this
inventory yielded no acres available for Planned-Industrial development. Mr. O’Connell stated
that Barilla consumed a lot of the land resources contemplated for Planned-Industrial land use.
Mr. Schainker said that it was important to note that Planned-Industrial development would be
compatible with the area and the current infrastructure would support that type of development.
Chuck Winkleblack, representing the applicant, stated that, even though they had requested a
General-Industrial designation, a Planned-Industrial designation would be acceptable to the
owners.
Moved by Cross, seconded by Quirmbach, to adopt RESOLUTION NO. 99-348 approving an
amendment to the Land Use Policy Plan which would increase the area within the “New Lands”
growth boundary to include the 40-acre parcel of agricultural land known as the “Max Bailey
Farm” and designate the property in question as being suitable for Planned-Industrial” land use.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMENDMENT TO THE MEMORANDUM OF AGREEMENT FOR SOMERSET
SUBDIVISION REGARDING GARDEN WALLS: Moved by Hoffman, seconded by Cross, to
adopt RESOLUTION NO. 99-343 approving the Fourth Amendment to the Agreement for
Rezoning, Platting, and Development of Somerset Subdivision to allow for the garden walls to
be constructed of brick piers with wrought iron or wooden fence infills between the piers.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
P-C PLAN TO ALLOW THE CONSTRUCTION OF COMMERCIAL BUILDINGS AT
SOMERSET SUBDIVISION: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION
NO. 99-344 approving a Planned-Commercial (P-C) Plan to allow the construction of four
commercial buildings at Somerset Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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Due to the Notices of Public Hearings indicating a time of 7:00 p.m. and the subsequent early
start time of this meeting, Mayor Tedesco stated that Council Comments would be completed
prior to the commencement of the hearings.
COMMENTS: Council Member Campbell referenced a recent fund-raising activity sponsored by
the Special Olympics occurring at the intersection of Elwood and Lincoln Way. It appeared to
her that this type of activity posed a safety hazard to the persons standing in the intersection
collecting donations. Mr. Schainker advised that the City does not sanction those types of
activities.
Moved by Campbell, seconded by Parks, to refer this issue to staff for review of the City’s
solicitation policies.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Hoffman, to refer to staff the letter from the Mechanical Code
Board of Appeals and Board of Plumbing Examiners dated September 1, 1999.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Quirmbach advised that there would be a meeting regarding the Story County
Development Plan at the Ames Public Library on September 30 from 6:30 - 9:00 p.m.
Moved by Hoffman, seconded by Cross, to refer the letter from Harold Jensen of the Story
County Secondary Road Department dated September 7, 1999, requesting endorsement of the
widening of Lincoln Highway to staff for placement on the September 28 Council agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mayor Tedesco advised that City Hall Night will be held on November 10, 1999, in the Council
Chambers. This is a public meeting to which legislators and representatives from municipalities
within Story County will be invited to participate. He further advised that land use and
deregulation issues, among other things, will be discussed at that meeting.
In relation to the Annexation Study, Council Member Parks stated that it was his understanding
that the availability of land in either direction was not being looked at, and he believes it is
important to at least identify parcels or verify what land is or isn’t available in those areas,
exclusive of University property. Mr. Parks recommended that every owner be contacted to see
if they are willing to sell their property if the need arises. He would like to find out how many
acres there are and what the availability is of the land. Since the Plan calls for a need of 1,700
to 2,000 acres, Mr. Parks feels that it would be helpful to know what may or may not be
available. Mr. O’Connell stated that he felt it would be best if City staff talked to the land
owners.
Moved by Parks, seconded by Cross, to direct staff to conduct a land inventory in relation to the
Annexation Study and present it to Council when the Annexation Study is presented.
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Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Cross, seconded by Hoffman, to refer the request from the Ames Convention and
Visitors Bureau dated September 10, 1999, requesting a commitment of $5,000/annually to the
Iowa Games thru 2005 to staff for placement on the September 28, 1999, Council agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON ROOF REPLACEMENT FOR THE STORAGE AND MAINTENANCE
AREAS FOR AMES TRANSIT AGENCY BUILDING: Mayor Tedesco declared the hearing
open. There being no one wishing to testify, the hearing was closed.
Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 99-345 approving
final plans and specifications and awarding a contract for the construction of Roof Replacement
for the Storage and Maintenance Areas of the Transit Agency Building to Central States Roofing
of Ames, Iowa, in the amount of $114,800 plus $1.90/square foot to replace insulation board, if
needed.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON 1998/99 ARTERIAL STREET REHABILITATION PROGRAM (13TH
STREET -- GRAND AVENUE TO MEADOWLANE AVENUE): Mayor Tedesco declared the
hearing open. There being no one wishing to testify, the hearing was closed.
Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 99-346 approving final
plans and specifications and awarding a contract for the construction of the 1998-99 Arterial
Street Rehabilitation Program to Eco Tech of West Des Moines, Iowa, in the amount of
$236,513.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON VACATING SANITARY SEWER EASEMENT IN GRAND JUNCTION
SUBDIVISION: Mayor Tedesco declared the hearing open. There being no one wishing to testify,
the hearing was closed.
Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 99-347 approving
abandoning a portion of a sanitary sewer easement in the Grand Junction Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ADJOURNMENT: The meeting adjourned at 7:05 p.m.
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_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor