HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/23/1999MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 23, 1999
The Ames City Council met in regular session at 7:00 p.m. on the 23rd day of November, 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, and Wirth. Council Member
Quirmbach was absent.
CALL TO ORDER: 7:00 p.m.
CONSENT AGENDA: Moved by Cross, seconded by Wirth, to approve the following items on the
Consent Agenda:
1.Motion approving payment of claims
2.M otion approving minutes of regular meeting of November 9, 1999
3.M otion approv ing the follow ing beer perm its/liqu or licenses:
a.Class C B eer - Kw ik Sho p #55 0, 71 5 - 24 th Street
4.RESOLUTION NO. 99-424 accepting Abstract of Votes for November 2, 1999, Regular City Election
5.RESOLUTION NO. 99-425 approving contract with A m es Community Arts Council (AC AC ) for
“Comm unity Cultural Assessment” and “Comm unity Cultural Plan”
6 .R ESOLU TIO N N O . 99 -42 6 app rov ing w aiv er of form al bid ding p roc ed ures an d ap prov ing co ntract w ith
Automation Consulting Inc., of Pensacola, FL, for a PORCH E/2 Call Handling System in the amount of
$58,620
7.RESOLUTION NO. 99-427 approving the Annual Contributions Contract (AC C) Renewal with HUD for
the C ity’s Section 8 M od erate Rehabilitation Rental Subsidy Program
8.RESOLUTION NO. 99-428 approving release of deferred real estate mortgage for property at 2912 Wood
Street in conn ection with the C ity’s CDB G Ex isting A ffordab le H ou sing Program
9.RESOLUTION NO. 99-429 approving release of deferred real estate mortgage for property at 1116 M arston
Aven ue in connection w ith the City’s C D BG Ex isting Affordable Hou sing Program
10 .R ESOLU TIO N N O . 99 -43 0 accepting completion of utilities and paving and m od ifying am ou nt of financial
security for Somerset, 3rd Addition
11 .R ESOLU TIO N N O . 99 -43 1 accepting com pletion of utilities and paving and modifying am ou nt of financial
security for Airport Road Subdivision
12.RESOLUTION NO. 99-432 accepting completion of curb and gutter and asphalt base paving and modifying
amount of financial security for Eastgate Su bdivision
13.RESOLUTION NO. 99-433 accepting completion of Street Lighting Materials for Main Street Renovation
Project
R oll Call Vote: 5-0. R esolution s declared adop ted u nanimou sly, signed by the M ayor, a n d h e reby m ade a
po rtion of these minu tes.
PUBLIC FORUM: No one spoke during this time.
ACQUISITION OF ARTWORK FOR CITY HALL: Dee Hegstrom and Dan Rice, members of
the Public Art Commission, were present to request the City Council’s approval of the artwork
proposed to be placed in City Hall: a 30" x 40" acrylic on paper titled “Life In-Sync: Rhythm,” by artist,
Sarah Grant-Hutchison, is a graduate of Ames High School.
The Council was also shown artwork drawn by students from Edwards Elementary; Ms. Hegstrom
explained that artwork from Ames Elementary Schools will be displayed at City Hall.
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Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 99-434 approving the Public Art
Commission’s recommendation for purchase of City Hall artwork: a 30" x 40" acrylic on paper titled
“Life In-Sync: Rhythm” by Sarah Grant-Hutchison at a cost of $2,200.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
REQUEST OF CENTRAL STATES THEATRE CORPORATION FOR EXEMPTION FROM THE
RAT E O RD IN AN CE : M o v e d b y Hoffma n, seconde d by Wirth, t o adopt
RESOLUTION NO. 99-435 approving the request of Central States Theatre Corporation for an
exemption from the rate ordinance and reclassify the electric service as general power effective with the
charges billed on October 20, 1999.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
HEARING ON NUISANCE ASSESSMENT: On November 22, 1999, the property owner of 1222
Burnett Avenue paid the amount due for costs associated with the destruction of weeds; therefore, no
action was needed by the City Council.
HEARING ON VACATING ALLEY ADJACENT TO FIRST CHRISTIAN CHURCH: Mayor
Tedesco declared the hearing open.
Don Gustofson, 2113 Ashmore Circle, Ames, a member of the First Christian Church, stated that the
architect had called shortly before this meeting to say that he had had a family emergency and would not
be able to attend tonight’s meeting. Mr. Gustofson requested the City Council’s favorable response to
their request to purchase the alley adjacent to the First Christian Church.
There being no one else wishing the testify, the hearing was closed.
Moved by Hoffman, seconded by Cross, to pass on first reading an ordinance vacating the north/south
alley located between Clark and Grand Avenue from Sixth Street to 142' north thereof.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Cross, to suspend the rules necessary for the adoption of an ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Hoffman, to pass on second and third readings and adopt
ORDINANCE NO. 3543 vacating the north/south alley located between Clark and Grand Avenue from
Sixth Street to 142' north thereof.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the mayor, and hereby made
a portion of these minutes.
HEARING ON SALE OF LAND FORMERLY USED AS AN ALLEY TO FIRST CHRISTIAN
CHURCH: Mayor Tedesco declared the hearing open.
David Digby, pastor of the First Christian Church, explained that they need the land to add an elevator
to the Church and make other improvements.
There being no one else wishing to testify, the hearing was closed.
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Moved by Parks, seconded by Cross, to adopt RESOLUTION NO. 99-436 authorizing a Quit Claim
Deed to the First Christian Church of Ames for the south 142' of the north/south alley adjacent to the
Church upon the City accepting completion of the water main relocation and receiving an executed
Water Main Right-of-Way Permit and Easement.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
DISCUSSION ON PROCEDURES FOLLOWED BY OTHER CITIES REGARDING UNDER-AGE
S MOKI NG EN F OR CE M EN T/C OM P LIA NC E: Ju d y P a r k s , A s s i s t a nt C ity
Attorney, explained that she had contacted the City Clerks from Council Bluffs and Ankeny, per the
Council’s direction, to ascertain how they were handling tobacco administrative penalty proceedings.
Representatives from both of those cities indicated that their city had not done any proceedings of that
sort and none were being contemplated in the future.
Ms. Parks introduced Senator Johnnie Hammond, Janet Zwick from the Iowa Department of Public
Health (DPH), and Steve St. Clair, Assistant Attorney General. Mr. St. Clair explained the Synar
Amendment, a law requiring states to pass laws restricting sales and access to tobacco by those under
18 years of age and to conduct unannounced random inspections (compliance checks) of tobacco sellers
for the state to be eligible for substance abuse prevention and treatment block grants. He advised that
Story County has a non-compliance rate of 41%, the state of Iowa has a non-compliance rate of 37%,
both well above the federal requirement of 20%. Mr. St. Clair said that a fairly effective approach has
been employed in Dubuque, Sioux City, and Indianola; these cities follow up on retailers who have
failed a compliance check. He explained that the procedure followed is: (1) issue a municipal infraction
to the clerk making the unlawful sale to a minor, (2) once that procedure is concluded, that citation is
used for action against the permit-holder, (3) the permit-holder is subject to a $300 fine for the first
offense, suspension of the permit for 30 days for a second offense within two years, suspension of the
permit for 60 days for a third violation within five years, and eventually culminating in a revocation of
their privilege to sell for a fourth violation within five years.
Mr. St. Clair stated that Iowa’s law gives cities the right to hold administrative hearings and to fine
and/or suspend permits of noncompliant retailers. According to Mr. St. Clair, hearings before the City
Councils in Dubuque and Indianola are very rare; in Dubuque, there are no hearings in 95% of the cases,
and there have been no hearings in Sioux City. He further explained that when the clerk making the sale
to a minor is cited, it is a simple misdemeanor and handled through the District Court. Mr. St. Clair
advised that after the citation is issued, the City Council could then pass a resolution calling for an
opportunity for a hearing for the license holder to appear or pay a fine.
Council Member Parks asked how many compliance checks cities are required to have and if they are
required in all cities in Iowa. Ms. Zwick explained that the Iowa Department of Public Health has a
contract with the Food and Drug Administration that requires at least two compliance checks be
conducted of the 6,000 permit-holders in Iowa. The Iowa Department of Public Health subsequently has
contracts with local law enforcement personnel from various cities to perform the checks; Ames is one
of those cities. She said that if a purchase is made by an under-age person during the compliance check,
then another check is supposed to be made within 30 days.
Council Member Hoffman advised that compliance checks have been done in Ames and the paperwork
on the violations has been completed by our law enforcement personnel. She said it was the City’s
understanding that the imposition of civil penalties was to come from the FDA. Ms. Zwick explained
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that the FDA sends a warning on first violations to the permit-holder, a $250 fine for the second
violation, $1,500 fine for the third violation, $5,000 fine for the fourth violation, and $10,000 fine for
the fifth violation; however, they do not have the jurisdiction to revoke the cigarette permit. The Council
was told by Ms. Zwick that starting last August or September, the DPH initiated the right to cite permit-
holders as well. Ms. Zwick said that it is possible for the Council to receive a copy of the warning sent
to the permit-holder.
Council Member Campbell asked when the warning is sent to the permit-holder. Ms. Zwick advised that
the warning is sent within two weeks after the citation is issued to the clerk making the sale.
Mayor Tedesco asked Ms. Zwick to follow up with him as to the disposition of the 17 citations which
had been issued by the Ames Police Department. Chief Ballantine stated that some of those citations may
have been issued prior to August 1999. Ms. Zwick will ascertain the dispositions of the warnings to
permit-holders for those citations which were issued after August 1999.
Council Member Hoffman pointed out that cities do not have any control over the funds coming to the
state, but they are required to conduct the hearings. She believes that the state should have the
responsibility of carrying out the hearings. Steve St. Clair advised that local jurisdictions keep the
money that is generated by the civil penalties paid by the permit-holders and the clerks.
Mr. St. Clair believes that the current system is not working because it hasn’t been tried. He explained
that if a retailer had to look at the possibility of a 30-day suspension for a second offense, that would be
significant. He pointed out that a convenience store derives 25% of their
revenue from cigarette sales; the risk of that penalty would be a real motivator to comply with the law.
Chief Ballantine reminded the City Council that alcohol violations were formerly brought before them;
Council decided that they didn’t want to be involved in that process, and they started sending the
citations directly to the Liquor Commission. He asked why it couldn’t work the same way for tobacco:
the violations could be sent to the Department of Public Health. Ms. Zwick explained that the DPH only
has the authority to issue fines, not to revoke permits.
Senator Hammond said that the City could choose not to issue any permits and the retailer would have
to go through the state to apply for the permit; violations would then have to be the responsibility of the
state. Steve St. Clair indicated that the Department of Revenue would need to respond to that.
City Attorney John Klaus recommended that if the City Council decides to be the authority, they should
consider delegating the duty for issuing permits, conducting hearings, and imposing penalties on a
particular City official, not the City Council. City Manager Steve Schainker doesn’t believe that any City
staff member has been trained to do this task and feels that the City Council is the appropriate entity to
handle any possible revocations.
Council Member Wirth pointed out that the process becomes very complicated because it would appear
that the officer issuing the citation would need to be present at the hearing. If the clerk selling the
tobacco pleads guilty, Mr. St. Clair said he does not believe the law enforcement officer would need to
be present. Judy Parks stated that the best witness to the violation would be the officer who issued the
citation.
Council Member Campbell said she believes the appropriate jurisdiction to handle revocations would
be the State Department of Health. Council Member Hoffman concurred and urged Jane Greimann and
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Johnnie Hammond to work on this issue.
Moved by Parks, seconded by Cross, to refer this issue to staff to develop a clear process to provide
maximum under-age smoking enforcement/compliance.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Wirth also asked for clarification from staff as to whether it would be necessary for
law enforcement officers to be present at hearings.
REQUEST OF DEVELOPERS OF UTHE FARM FOR LUPP CHANGE: Council Member
Parks asked when the Annexation Study was going to be presented to Council. Steve Schainker
explained that, even though the Study is being performed by Snyder & Associates, a great deal of work
is needed to be performed by City staff towards its completion. He is projecting that the Study will be
on a City Council agenda in December or January.
Moved by Wirth, seconded by Campbell, to table the request of John Uthe to change the Land Use
Policy Plan relative to the 224-acre parcel of property located north of Bloomington Road pending the
completion of the Annexation Study.
Vote on Motion: 5-0. Motion declared carried unanimously.
P-C PLAN AMENDMENT FOR 823 WHEELER: Moved by Hoffman, seconded by Cross, to
adopt RESOLUTION NO. 99-437 approving a P-C Plan Amendment for the Northern Lights Center to
allow the installation of a clock sign on the multi-tenant commercial building at 823 Wheeler Street.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
CHANGES TO SNOW ORDINANCE ENFORCEMENT TO ALLOW TOWING BEFORE
TICKETING: Chief Ballantine explained the changes being recommended for snow ordinance
enforcement to allow towing before ticketing.
Moved by Wirth, seconded by Hoffman, to approve the proposed changes in the snow enforcement
procedures to allow towing before ticketing.
Vote on Motion: 5-0. Motion declared carried unanimously.
AIRPORT IMPROVEMENTS TO TAXIWAY 13/31: Moved by Cross, seconded by Parks, to
adopt RESOLUTION NO. 99-438 approving matching funds in the amount of $56,908 for the
rehabilitation of Taxiway 13/31.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
URBAN DESIGN POLICY STANDARDS MANUAL AND URBAN SPECIFICATIONS FOR
PUBLIC IMPROVEMENT PROJECTS: Moved by Wirth, seconded by Parks, to adopt
RESOLUTION NO. 99-439 approving the Urban Standard Specifications for Public Improvements and
the Urban Design Standards Manual as developed by the Urban Standards and Specifications
Committee.
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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TRAIN HORNS AT DUFF AVENUE, KELLOGG AVENUE, AND CLARK AVENUE CROSSINGS:
Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 99-440 approving the agreement
with Union Pacific Railroad to place automated horn devices at Clark Avenue, Kellogg Avenue, and
Duff Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION 99-441 approving the waiver of formal
bidding procedures and authorizing the purchase of automated train horn equipment from Railroad
Controls, Ltd., of Fort Worth, Texas.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE PROHIBITING PARKING ON PORTIONS OF BILLY SUNDAY ROAD:
Moved by Campbell, seconded by Cross, to pass on second reading an ordinance prohibiting parking
on portions of Billy Sunday Road.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REZONING 39.89 ACRES OF LAND AND 1.21 ACRES OF RIGHT-OF-WAY
FROM A-1 TO P-I FOR PROPERTY GENERALLY LOCATED 1/4 MILE NORTH OF THE 13TH
STREET/NORTH DAYTON AVENUE INTERSECTION: Moved by Cross, seconded
by Wirth, to pass on third reading and adopt ORDINANCE NO. 3540 rezoning 39.89 acres of land and
1.21 acres of right-of-way from A-1 (Agricultural, Story County) to P-I (Planned Industrial) for property
generally located 1/4 mile north of the 13th Street/North Dayton Avenue Intersection, west of North
Dayton Avenue.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE REZONING 18.5 ACRES OF LAND AND 0.76 ACRES OF RIGHT-OF-WAY FROM
A-1 TO R-4 FOR PROPERTY GENERALLY LOCATED ON LINCOLN WAY 1/4 MILE WEST
OF THE AMES CORPORATE LIMITS AND ADJACENT TO BENTWOOD SUBDIVISION ON
THE SO UT H: Moved by Hoffma n, s ec o n d ed b y W i rt h , t o p as s o n t hird
reading and adopt ORDINANCE NO. 3541 rezoning 18.5 acres of land and 0.76 acres of right-of-way
from A-1 (Agricultural, Story County) to R-4 (High-Density Residential) for property generally located
on Lincoln Way 1/4 mile west of the Ames corporate limits and adjacent to Bentwood Subdivision on
the south.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE PROHIBITING PARKING ALONG EAST SIDE OF EMERALD DRIVE FROM
JEWEL DRIVE TO GARDEN ROAD AND ALONG BOTH SIDES OF EMERALD DRIVE 120
FEET SOUTH OF JEWEL DRIVE: Moved by Hoffman, seconded by Wirth, to pass
on third reading and adopt ORDINANCE NO. 3542 prohibiting parking along the east side of Emerald
Drive from Jewel Drive to Garden Road and along both sides of Emerald Drive 120 feet south of Jewel
Drive.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
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CITY COUNCIL BUDGET GUIDELINES: Carol Collings, Budget Officer, and Steve Schainker
briefed the Council on the following budget issues for 2000/01: Health Insurance, Long-Term Disability,
Water and Water Pollution Control Division Reorganization, Additional Dispatchers, Storm Sewer Fee,
and Debt Service.
Council Member Parks said that he feels it is important to focus on revenue streams to realize what the
limits are, and he would like to see the City Council hold a workshop on revenue sources and
projections.
Mr. Schainker advised the Council about two large CIP Projects: (1) South Dakota/U. S. 30 Interchange
Project, which has a revised estimated cost of $6,838,980; and (2) Dayton Avenue Widening and
Overpass, with a revised estimated cost of $4,200,000. He asked the Council to be thinking about
whether the overpass should be added to the widening and reconstruction of Dayton Avenue as it adds
$2,000,000 to the cost and whether they would be willing to special assess a portion of the costs to
businesses that will benefit from the overpass. City Council members concurred that the overpass
should be included with the condition that alternative funding be explored. Mr. Schainker recommended
that this project be delayed until the 2001/02 CIP.
Assistant City Manager Bob Kindred explained that Xenia Rural Water District will be constructing an
8" transmission line from Boone to residents just west of Ames next spring. He advised that this presents
a unique opportunity for an emergency water supply connection between Boone and Ames as Xenia is
willing to upsize the connection to allow up to 1.4 million gallons of water per day to be transported to
a city experiencing a water emergency. Under a cost-sharing formula currently being developed by staff,
the cities of Boone and Ames would each pay approximately $150,000 to oversize Xenia’s line. Mr.
Kindred stated that an additional $150,000 would be needed to connect our present water distribution
system to the Xenia line.
Concerning Local Option Taxes, Carol Collings explained that the estimate received from the state for
1990/00 is up 12.3%. She and Mr. Schainker feel this estimate seems very high and would rather use
the average of the last two years, which is 6.8%, and then 5% more the following year. The Council
agreed that this would be the prudent thing to do. Mr. Schainker pointed out that an increase to the
current funding level of 5% is recommended to be allocated to the Human Services agencies and Arts
Council, and he asked if this met with the City Council’s approval.
Moved by Campbell, seconded by Cross, to increase the allocation by 5% to Human Services agencies
and the Arts Council in fiscal year 2000/01.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Wirth stated that she would like to see a program similar to the Neighborhood
Improvement Projects (NIP) for Downtown improvement projects, e.g., facade improvement. Mayor
Tedesco thought that it would perhaps be possible to expand the NIP to include the downtown area as
well as residential neighborhoods.
Council Member Campbell asked what the policy will be on maintaining the new plantings on Main
Street. Mr. Schainker advised that the City is not planning on increasing maintenance in the downtown
area.
Council Member Cross asked for a report from the Police Department on their investigation of bad-
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check cases. He believes there is a lot of officer time devoted to that program and wondered if there was
a way to charge a fee for that service or perhaps discontinue it as a means to decrease expenses.
COMMENTS: Moved by Campbell, seconded by Hoffman, to reconsider the action taken by the
Council at their last meeting to set the date for the budget overview for February 5 at 8:30 a.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Hoffman, to set the meeting date for the budget overview for February
4, 2000, at 2:00 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Parks, to refer to staff the letter from Engineering Plus, Inc., dated
November 18, 1999, requesting additional consultant fees for the Fifth Street Streetscape Project.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Parks, to refer to staff and place on a future agenda the request of
Ames Economic Development Commission dated November 5, 1999, regarding a two-year interest-free
loan to assist ACCESS Air.
Vote on Motion: 5-0. Motion declared carried unanimously.
Council Member Cross asked that the Council be provided with the most current information on the
status of ACCESS Air and an update on other agencies’ commitments to grant interest-free loans.
Council Member Wirth advised that the street signage at the intersection of Wheeler/Northwood/Grand
needs to be repaired or replaced.
Mayor Tedesco asked Council Members Campbell and Cross to serve on the Employee Review
Committee.
ADJOURNMENT: The meeting adjourned at 9:54 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor