HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/28/1998MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JULY 28, 1998
The Ames City Council met in regular session at 7:00 p.m. on the 28th day of July, 1998, 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, Hoffman, Parks, Quirmbach, and
Wirth. Council Member Cross was absent.
CALL TO ORDER: 7:00 p.m.
CONSENT AGENDA: Moved by Wirth, seconded by Hoffman, to approve the following items
on the Consent Agenda:
1. Motion to approve payment of claims
2. Motion to approve the minutes of the regular meeting of July 14, 1998
3. Motion to approve renewal of the following liquor licenses:
a. Class C Liquor License - Sportsman’s Lounge, 123 Main Street
b. Class C Liquor License - Cafe Northwest, 114 South Duff Avenue
4. RESOLUTION NO. 98-361 approving appointment of Steve Schallehn to Cable Television
Commission
5. RESOLUTION NO. 98-362 approving human services agency contract for FY 1998-99
6. RESOLUTION NO. 98-363 approving preliminary plans and specifications for Cooling Water
Supply Modifications; setting August 28, 1998, as bid due date and September 8, 1998, as date
of public hearing and award of contract
7. RESOLUTION NO. 98-364 approving preliminary plans and specifications for Sauer-Sundstrand
Traffic Signal; setting August 18, 1998, as bid due date and August 25, 1998, as date of public
hearing and award of contract
8. RESOLUTION NO. 98-365 approving waiver of formal bidding requirements and authorizing
purchase of computer hardware maintenance from IBM Corporation
9. RESOLUTION NO. 98-366 approving waiver of formal bidding requirements and authorizing
purchase of software maintenance from HTE
10. RESOLUTION NO. 98-367 approving waiver of formal bidding requirements and authorizing
purchase of aerolift mini-linesman
11. RESOLUTION NO. 98-368 approving waiver of purchasing policy and approving construction
administration contract for 5th Street Streetscape Improvement Project
12. RESOLUTION NO. 98-369 approving award of contract for Street Sweeping Services
13. RESOLUTION NO. 98-370 approving contract and bond for Construction of Municipal Tennis
Complex
14. RESOLUTION NO. 98-371 accepting completion of Installation of Furnished Conduit,
Handholes, and Transformer Pads
15. RESOLUTION NO. 98-372 accepting completion of Taxiway Connector (VisionAire) Project
16. RESOLUTION NO. 98-373 accepting completion of Well 14A, Division II
17. RESOLUTION NO. 98-374 accepting completion of Vet Med Substation Addition
18. RESOLUTION NO. 98-375 approving TSIP grant application for traffic signal at 13th
Street/Northwestern Avenue
19. RESOLUTION NO. 98-376 approving easements for well water lines for Youth Sports Complex
20. RESOLUTION NO. 98-377 approving release of mortgage for property located at 1403 Clark
Avenue in connection with “CDBG Existing” Affordable Housing Program
21. RESOLUTION NO. 98-378 confirming satisfaction of conditions regarding deed for property
located at 313 5th Street
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 spoke during this time.
FIREWORKS PERMIT FOR MIDWEST ENERGY ASSOCIATION: Moved by Wirth,
seconded by Quirmbach, to approve a request by Midwest Energy Association for a fireworks
permit for display on August 13, 1998.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST FOR 15-MINUTE PARKING SPACE BY OCTAGON CENTER: Moved by
Campbell, seconded by Quirmbach, to deny a request from The Octagon Center for the Arts for
a 15-minute parking meter on 5th Street next to the business’ entrance.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST FROM YSS TO INSTALL PLAQUE IN SIDEWALK: Moved by Parks, seconded
by Hoffman, to approve the request from Youth and Shelter Services to install a bronze plaque
in the sidewalk at the southeast corner of 5th Street and Kellogg Avenue, and to refer this issue
back to Staff so that an encroachment agreement is prepared which clarifies the conditions
associated with this approved request.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST FROM YSS TO MOUNT SPOTLIGHT ON STREET LIGHT: Moved by Parks,
seconded by Wirth, to deny the request from Youth and Shelter Services to mount a spotlight
on the new street light pole near the intersection of 5th Street and Kellogg Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO REGULATION OF ANIMALS: Animal Control Supervisor
Lorna Lavender reviewed the process whereby the Ames Humane League and City Staff
researched and arrived at language changes to the Code regarding animal control issues. The
goal of these amendments is to resolve repetitious problems regarding frequent violators of
animal control regulations or instances of abuse or neglect. Ms. Lavender stated that the
amendments to the Code were twofold: 1) to curb occurrences of nuisances and/or abuse or
neglect; and, 2) to initiate a program requiring permits for a person to keep more than four dogs
or 10 mammals of any kind. She felt that the permitting and inspections for numerous animals
owned by one household would not create more work for animal control Staff because of their
goal to get repetitious complaints under control. This would make animal control operations
work more efficiently and effectively.
Donna Rizzo, member of the Ames Humane League, stated that the League unanimously
supported the Code revisions pertaining to frequent violators as it gives the City a way to
respond to multiple infractions; however, the members did not support the process of limiting
the number of animals per household. The League’s goal was to alleviate repetitious offenders,
and they did not want to create problems for responsible pet owners. Ms. Rizzo said that there
was too much ambiguity associated with the permitting process, and she felt this issue could be
revisited in the future if multiple pet owners were the major contributor to animal complaints.
Jean Harkin, chair of the Humane League, reiterated that they would recommend the Code
amendment dealing with frequent violators and nuisance abatement at this time, and the League
would like to see if animal control complaints were solved this way before implementing
restrictions on multiple pets.
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Kenneth Windom, 707 Crystal Street, stated that he was vice president of the Cyclone Kennel
Club. He echoed the sentiments of the Humane League regarding the amendment for frequent
violators and nuisance abatement and that the Club was opposed to enacting the permitting
process for multiple pets. He said that some people may be intimated by the permitting and
inspection process.
Katherine Roccasecca, 304 S. Riverside Drive, stated her concern regarding the limiting of pets
per household. She said that a correlation had not been shown pertaining to the number of pets
per household and the number of complaints received.
Todd Herriott, 207 S. Maple Avenue, read a letter he had written to the Council. He indicated
that he was opposed to the amendment dealing with limiting the number of pets per household.
He stated that he and his partner owned multiple pets, and they took the best possible care of
their animals. Mr. Herriott said that the problems of animal control lie with frequent violators
of the Code, and the amendment dealing with multiple violations and nuisance abatement would
adequately take care of the problems.
Council Member Quirmbach stated that the enactment on the section pertaining to numerous
animals on premises was not a limitation, but a permitting process. He felt that the potential for
problems would rise with the number of animals kept per household.
Jenna McCarley, 3710 Ross Road, said that she was in favor of the two amendments to the
animal control Code. She further expressed her concern regarding the control and disposal of
pet wastes.
Tam Lorenz, 311 S. Maple Avenue, stated her support for enacting the Code revision for
multiple violations, however, she urged the Council to reject the regulation of the number of
animals per household.
Isander Santiago, Animal Control Officer for the City of Ames, expressed his support of the two
ordinance amendments. Enacting these revisions would be a good effort in animal control
regulation and an opportunity to educate the public. Mr. Santiago stated that responsible owners
of multiple pets should not feel intimidated by the permitting and inspection process, and they
should be proud to show how they care for their animals.
William Jenks, 3101 Greenwood Road, stated he was in favor of implementing revisions for
frequent violations enforcement, however, he opposed the regulation of pets per household.
Moved by Campbell, to pass on first reading an ordinance revising the Code section
pertaining to frequent violators and nuisance abatement for the regulation of animals. The
motion failed for lack of a second.
Moved by Quirmbach, seconded by Parks, to pass on first reading an ordinance revising
the Code section pertaining to frequent violators and nuisance abatement and adding a new
section regarding numerous animals on premises.
Council Member Hoffman said she would like to enact the revisions made for
multiple violations of animal control regulations to see if this handled animal
complaints, but to come back in approximately six months to pass the new section
if they did not.
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Council Member Parks stated that the ordinance amendments were crafted more
from an educational process standpoint and that it was not limiting the number of
pets a household could have.
Council Member Campbell said that a correlation between the number of pets per
household and the number of complaints received had not been identified.
Roll Call Vote: 3-2. Voting Aye: Parks, Quirmbach, Wirth. Voting Nay: Campbell,
Hoffman. Motion failed.
Moved by Campbell, seconded by Hoffman, to pass on first reading an ordinance revising
the Code section pertaining to frequent violators and nuisance abatement for the regulation
of animals.
Roll Call Vote: 3-2. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Parks,
Quirmbach. Motion failed.
Moved by Parks, seconded by Quirmbach, to reconsider the ordinance at the next meeting
of the City Council when all members will be present.
Vote on Motion: 5-0. Motion declared carried unanimously.
FLOODPLAIN REGULATION: Paul Wiegand, Public Works Director, reported that the City
was in need of initiating the lengthy process of updating the Physical Map Revision (PMR).
An earlier study by Snyder & Associates recommended the creation of an interim
ordinance which would raise the required protection level from one foot above the existing
base flood elevation to a new level of three feet. The ordinance was prepared and
approved by the Planning and Zoning Commission. Because several property owners
raised concerns about the interim ordinance, Staff met with representatives of affected
businesses, and it was determined that, at this time, the City could proceed with the
Physical Map Revisions without enacting an interim ordinance. This alternative would
allow flexibility in administration of the floodplain regulations as well as eliminating
confusion created by an interim ordinance. No state or federal agencies were pressuring
the City to undertake modifications to our regulations as a result of the flood management
study. Mr. Wiegand indicated that Staff was also requesting permission to negotiate an
engineering services contract with Snyder & Associates for the activities needed to
complete a PMR.
Don Barber, 2105 S.E. 5th Street, stated that he had properties that would be affected by the
interim ordinance, and he urged the Council not to enact it.
David Maahs, Executive Director of the Ames Chamber of Commerce, thanked City Staff for
meeting with representatives of affected businesses. He also asked that the Council not adopt
the interim ordinance.
Moved by Parks, seconded by Campbell, to deny establishing an interim ordinance for
floodplain regulation.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-379 approving
the initiation of the Physical Map Revision (PMR) process.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
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hereby made a portion of these minutes.
Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-380 approving
waiver of the purchasing policy and directing Staff to negotiate a professional services
agreement with Snyder & Associates in the approximate amount of $62,000 for the
activities needed to complete a Physical Map Revision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
STORM DEBRIS CLEAN-UP POLICY: Public Works Director Paul Wiegand reported that, to
date, the City has no established policy on how the City would assist private property owners
in disposing of any trees downed by storms. It was recommended that the Council establish an
administrative policy that could be implemented by Staff within 24 hours of a storm. He
indicated that the policy should involve defined criteria, but at the same time, allow a Staff team
to use judgment in evaluating the course of action for clean-up. Mr. Wiegand reviewed criteria
associated with debris clean-up for full, intermediate, and no response.
Moved by Quirmbach, seconded by Hoffman, to direct Staff to develop a formal Storm
Debris Clean-up Policy with the City’s full response for pick up of private tree damage to
be triggered by four of the seven maintenance districts exhibiting private tree damage on
50% of the property; and, to direct the City Attorney to prepare an ordinance amendment
to the Fire Code allowing the Fire Chief to declare an emergency that would permit the
burning of trees at a central disposal site.
Vote on Motion: 5-0. Motion declared carried unanimously.
OPAL DRIVE SIDEWALK PROJECT: Moved by Quirmbach, seconded by Wirth, to adopt
RESOLUTION NO. 98-381 adopting a Preliminary Resolution for the Opal Drive Sidewalk
Project (Jewel Drive north 200 feet).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 98-382 adopting
preliminary plans and schedule of assessment for the Opal Drive Sidewalk Project (Jewel Drive
north 200 feet).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 98-383 adopting a
Proposed Resolution of Necessity for the Opal Drive Sidewalk Project (Jewel Drive north
200 feet) and setting August 25, 1998, as the date of public hearing.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST TO WAIVE SIDEWALK INSTALLATION IN AIRPORT ROAD SUBDIVISION:
Moved by Campbell, seconded by Hoffman, to waive the sidewalk requirement along South
Duff Avenue in Airport Road Subdivision, but continue to require the sidewalk installation along
Airport Road.
Marv Walter, 2035 Country Club Boulevard, stated that, as one of the developers of this
subdivision, he did not see the need to install sidewalks along South Duff or Airport Road.
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He said that the installation of a sidewalk on Airport Road led to nowhere at this time as
there were no existing sidewalks on either side of the property. However, if in the future,
pedestrian traffic would increase with development of the Bourn’s building, the developers
could install a sidewalk.
Moved by Quirmbach, seconded by Hoffman, to waive the installation of a sidewalk along South
Duff Avenue in the Airport Road Subdivision; and, to table the request for a sidewalk waiver
along Airport Road in order for Staff to establish criteria and negotiate an agreement with the
developers indicating that once the use of the Bourn’s building has changed, a sidewalk would
be installed along Airport Road.
Vote on Motion: 5-0. Motion declared carried unanimously.
FINAL PLAT FOR AIRPORT ROAD SUBDIVISION: Moved by Parks, seconded by
Quirmbach, to adopt RESOLUTION NO. 98-384 approving the final plat for Airport Road
Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMETHYST PLACE SUBDIVISION: Moved by Hoffman, seconded by Parks, to adopt
RESOLUTION NO. 98-385 approving the development agreement for Amethyst Place
Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SAUER-SUNDSTRAND COMPANY: Moved by Parks, seconded by Quirmbach, to adopt
RESOLUTION NO. 98-386 approving the Economic Development Set-Aside (EDSA)
forgivable loan contract with the Iowa Department of Economic Development in the amount of
$140,000 on behalf of Sauer-Sundstrand Company.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Parks, seconded by Quirmbach, to adopt RESOLUTION NO. 98-387 approving the
Economic Development Set-Aside (EDSA) loan agreement with Sauer-Sundstrand in the amount
of $140,000.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Parks, seconded by Quirmbach, to adopt RESOLUTION NO. 98-388 approving the
Economic Development Set-Aside (EDSA)/Revolving Loan Fund contract with Sauer-
Sundstrand in the amount of $50,000.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Parks, seconded by Quirmbach, to adopt RESOLUTION NO. 98-389 approving the
Community Investment Fund Program forgivable loan agreement in the amount of $50,000
between the City, the Ames Economic Development Commission, and Sauer-Sundstrand
Company.
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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HEARING FOR VACATING AND SALE OF A PART OF R-O-W FOR S.E. 16TH STREET:
Mayor Tedesco declared the hearing open. There being no one present wishing to testify, the
hearing was closed.
Moved by Quirmbach, seconded by Wirth, to pass on first reading an ordinance vacating
a part of street right-of-way for S.E. 16th Street.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Quirmbach, 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 Parks, to pass on second and third readings and adopt
ORDINANCE NO. 3493 vacating a part of street right-of-way for S.E. 16th Street.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Parks, seconded by Campbell, to adopt RESOLUTION NO. 98-390 approving the
sale and conveyance by quit claim deed a vacated part of right-of-way for S.E. 16th Street,
subject to receipt of a signed developer’s agreement providing for utilities extension.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING FOR SALE OF 442 EAST 6TH STREET: Mayor Tedesco declared the hearing open.
There being no one present wishing to testify, the hearing was closed.
Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 98-391 approving
the sale and conveyance by quit claim deed property located at 442 East 6th Street to
Michael Renze.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE REVISING MUNICIPAL INFRACTION PENALTIES: Moved by Parks,
seconded by Campbell, to pass on first reading an ordinance revising municipal infraction
penalties.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REGARDING UNDERGROUND INSTALLATION OF ELECTRIC UTILITY
SERVICE: Moved by Hoffman, seconded by Campbell, to pass on second reading an ordinance
adopting a new Code section making underground installation of electric utility facilities
mandatory in all new developments at the developer’s expense.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE AMENDING URBAN REVITALIZATION DISTRICT NO. 5: Moved by
Campbell, seconded by Quirmbach, to pass on second reading an ordinance adding territory to
Urban Revitalization Area No. 5.
Roll Call Vote: 3-2. Voting Aye: Campbell, Parks, Quirmbach. Voting Nay: Hoffman, Wirth.
Ordinance failed.
ORDINANCE CHANGING CITY CLERK SECTION OF CODE: Moved by Parks, seconded
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by Wirth, to pass on second reading an ordinance revising provisions pertaining to the City
Clerk.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Parks, seconded by Wirth, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE
NO. 3494 revising provisions pertaining to the City Clerk.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Moved by Wirth, seconded by Campbell, to place on the agenda for the next regular
meeting with a full Council present discussion regarding a freeze or moratorium on the tax
abatement program regarding urban revitalization districts.
Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: The meeting adjourned at 9:45 p.m.
_________________________________________________________________________
Jill Ripperger, City Clerk Ted Tedesco, Mayor
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