HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/24/2001 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA APRIL 24, 2001
The Ames City Council met in regular session at 6:30 p.m. on the 24th day of April, 2001, 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, Goodhue, Hoffman, Quirmbach,
and Wirth. Council Member Cross arrived at 6:55 p.m.
CALL TO ORDER: 6:30 p.m.
DISCUSSION OF DIOXIN TESTING AT POWER PLANT: Assistant City Manager Bob
Kindred reminded the Council that last fall, the North American Commission for Environmental
Cooperation (NACEC) released a report compiled by Dr. Barry Commoner, lead researcher, that
named the City’s Power Plant as a major dioxin polluter. Mr. Kindred said that those findings
seemed diametrically opposed to all the research, testing, and environmental regulation that had
surrounded the Plant since its inception over 25 years ago. According to Mr. Kindred, a technical
advisory committee comprised of ISU and Ames Laboratory professionals was created to advise
the City on these issues.This ad hoc technical advisory committee recently met with City staff to
review the NACEC study and to consider dioxin testing at the Power Plant, and recommended
that a preliminary engineering analysis first be performed, rather than moving directly into testing.
Dr. Robert C. Brown, Director of the Center for Sustainable Environmental Technologies and
Professor of Mechanical and Chemical Engineering, gave a presentation to educate the Council
on facts about dioxins. He gave two possible responses to the allegations that our Power Plant is
a major dioxin polluter: (1) Commission testing project and (2) Commission engineering analysis
study. Dr. Brown advised that the Commission testing project would start at $80,000, is unlikely
to absolve Ames, does not establish a threshold for remediation action, and would set an
unattractive precedent. The Commission engineering analysis study could be completed by June
1, 2001, would have a total cost of $5,000, and would position Ames for a proactive response to
the “Commoner” report.
Moved by Hoffman, seconded by Campbell, to direct staff to proceed with the engineering
analysis study.
Vote on Motion: 6-0. Motion declared carried unanimously.
PROCLAMATION FOR ARBOR DAY: Mayor Tedesco proclaimed April 27, 2001, as Arbor
Day. Accepting the Proclamation was Director of Public Works Paul Wiegand.
PRESENTATION BY MEDIACOM REGARDING ASSIGNMENT OF FRANCHISE:
Assistant to the City Manager Sheila Lundt introduced Jim Carey, Senior Vice-President of
Mediacom. Mr. Carey showed a video showcasing the Mediacom Communications Corporation.
He then gave a presentation that further explained their proposed cable franchise acquisition, their
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business strategy, and listed their accomplishments during the past year and their technology plans
for the future.
CONSENT AGENDA: Moved by Cross, seconded by Goodhue, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of April 10, 2001, and special meeting of April
17, 2001
3.Motion approving the following beer permits/liquor licenses:
a.Class C Beer Permit - Swift Stop #2, 3406 Lincoln Way
4.Motion approving certification of Civil Service applications
5.Motion approving submittal of application for FEMA grant funding for fire rescue equipment
6.RESOLUTION NO. 01-140 approving appointment of Jeff Fenimore to the Building Code Board
of Appeals
7.RESOLUTION NO. 01-141 approving appointment of Jon Sontag to fill vacancy on the Public
Arts Commission
8.RESOLUTION NO. 01-142 approving request for voluntary annexation of the “Dotson Property,”
located south of Lincoln Way, west of Franklin, and east of South Dakota
9.RESOLUTION NO. 01-143 accepting Well No. 8A access easement from Blake Delaney for
property located at 1100 Sixth Street and authorizing payment of $1,500
10.RESOLUTION NO. 01-144 approving plans and specifications for Taxiway 13/31 and South
Apron and Taxiway Pavement Improvements Project; setting May 15, 2001, as bid due date and
May 22, 2001, as date of public hearing
11.RESOLUTION NO. 01-145 approving plans and specifications for 2000/01 Campustown Island
Improvements Program; setting May 15, 2001, as bid due date and May 22, 2001, as date of
public hearing
12.RESOLUTION NO. 01-146 approving plans and specifications for Replacement City Well No.
8A and abandonment of existing Well No. 8; setting May 16, 2001, as bid due date and May 22,
2001, as date of public hearing
13.RESOLUTION NO. 01-147 awarding contract for Hauling and Related Services (Resource
Recovery Plant to Boone County Landfill) to Waste Management of Ames, Iowa, in the amount
of 28¢ per mile per ton
14.RESOLUTION NO. 01-148 awarding contract for Pebble Lime for Water Treatment to Western
Lime Corporation of West Bend, Wisconsin, in the amount of $69.00 per ton
15.RESOLUTION NO. 01-149 awarding contract for 3/4-ton pickup and full-size SUV to Benson
Motor, Inc., of Ames, Iowa, in the amount of $51,427.12 and for full-size cargo van to Mid States
Ford Truck Sales of Des Moines, Iowa, in the amount of $19,799.00
16.RESOLUTION NO. 01-150 approving purchase of a mini-bus as an add-on to the Waterloo bid
17.RESOLUTION NO. 01-151 approving renewal of contract for custodial services with K. B.
Cleaning
18.RESOLUTION NO. 01-152 approving contract and bond for 2001/02 Asphalt Resurfacing
Program
19.RESOLUTION NO. 01-153 approving change order for Radio Telemetry System Project
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Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
REQUEST FOR ENCROACHMENT PERMIT FOR A SIGN AT 308 MAIN STREET:
Moved by Hoffman, seconded by Goodhue, to approve the request of Skunk River Cycles for an
encroachment permit for a sign at 308 Main Street providing the Encroachment Agreement is
signed and the necessary insurance is provided.
Vote on Motion: 6-0. Motion declared carried unanimously.
ARTWORK DONATION OF “DANCE OF THE PRAIRIE DAWN” SCULPTURE: Moved
by Cross, seconded by Wirth, to accept the donation of $8,300 to specifically purchase the “Dance
of the Prairie Dawn” sculpture.
Vote on Motion: 6-0. Motion declared carried unanimously.
SALE OF LAND ADJACENT TO THE CHAMBERLAIN PARKING LOT: City Manager
Steve Schainker reminded the Council how staff determines the value per square foot of land. He
said that the City had recently become aware that the assessed value of commercial land has
increased substantially; therefore, the value of this strip of land is now much higher ($41,300)
than initially calculated ($22,938). Council Member Quirmbach stated his belief that the City has
the fiduciary responsibility to base the asking price of its land on its current market value, and
since the process to sell this parcel had not begun prior to receiving the new valuations, he felt
that the price of the land should be $41,300.
Moved by Goodhue, seconded by Campbell, to adopt RESOLUTION NO. 01-154 proposing the
sale of land adjacent to the Chamberlain Parking Lot to Cochrane & Associates for $22,938 and
setting the date of public hearing for May 8, 2001.
Moved by Quirmbach to amend the resolution to reflect the value of the land as $41,300, not
$22,938. Motion died for lack of a second.
Roll Call Vote on Original Motion: 5-1. Voting aye: Campbell, Cross, Goodhue, Hoffman,
Wirth. Voting nay: Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby
made a portion of these minutes.
REQUEST TO DESIGNATE A TEMPORARY PARKING PROHIBITION: Moved by
Hoffman, seconded by Goodhue, to do nothing, whereby the residents would have to endure the
problem until the end of the school year; but direct staff to implement the following measures.
1.Post temporary 70' “No Parking Here to Corner” parking designations on Fillmore Avenue
next to McKinley Drive intersection to improve sight distance for school children crossing
the intersection.
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2.Encourage residents to call the City to paint short “yellow” parking prohibitions next to
driveways where parked vehicles create sight and maneuvering problems.
3.Implore Ames High School officials to open up parking in their parking lots after the
seniors graduate on May 23.
Vote on Motion: 6-0. Motion declared carried unanimously.
WELLMARK SETTLEMENT: Moved by Cross, seconded by Goodhue, to adopt RESOLUTION
NO. 01-155 accepting the settlement from Wellmark for $120,000 and authorizing the Mayor to
execute the Agreement and Release of Claims.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON URBAN REVITALIZATION PLAN FOR DOWNTOWN URBAN
REVITALIZATION AREA: Mayor Tedesco opened the public hearing. There being no one
wishing to speak, the hearing was closed.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 01-156 approving the
Urban Revitalization Plan for Downtown Urban Revitalization Area.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Cross, seconded by Wirth, to pass on first reading an ordinance establishing the
Downtown Urban Revitalization Area.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON AMENDMENT TO URA #7 PLAN: The hearing was opened by Mayor Tedesco.
No one wished to speak, and the Mayor closed the public hearing.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 01-157 approving the
Third Amendment to the URA #7 Plan, which requires, as a condition for tax abatement, that the
developers agree to complete the village concept to the boundaries of the Urban Revitalization
Area #7.
Roll Call Vote: 4-2. Voting aye: Campbell, Cross, Goodhue, and Wirth. Voting nay: Hoffman and
Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of
these minutes.
HEARING ON AMENDMENT TO SOMERSET URA PLAN: Mayor Tedesco opened the
public hearing. There being no one wishing to speak, the hearing was closed.
Moved by Goodhue, seconded by Campbell, to adopt RESOLUTION NO. 01-158 approving the
Second Amendment to Somerset URA Plan, which requires, as a condition for tax abatement, that
the developers agree to complete the village concept to the boundaries of the Somerset Urban
Revitalization Area.
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Roll Call Vote: 4-2. Voting aye: Campbell, Cross, Goodhue, and Wirth. Voting nay: Hoffman
and Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these minutes.
HEARING ON SELLING A STRIP OF CITY LAND NORTH OF CRYSTAL STREET: Mr.
Schainker explained that the assessed value of this land had increased dramatically since it was
initially calculated for this sale; its discounted value per the 2001 assessment is now $26,468.
Council Member Quirmbach pointed out that the process of selling this parcel of land had begun
before the new assessments were released, so the City should honor their initial asking price of
$4,350.55.
The public hearing was opened by Mayor Tedesco. Frank Schill, 3104 Diamond, Ames, stated
that he has no objection to the required location for the garages, as he feels it would provide a
good buffer. Mr. Schill advised that he initially gave this land to the City. He asked if the City
could give back its value to the development by paving and providing subsequent maintenance
of the bike path.
Don Heim, 314 Ruby Circle, Ames, said that he is a property owner within 100-200' of the bike
path, and the biggest concern of the neighbors pertains to the trees; they do not want them to be
destroyed. He said that residents of this area who attended meetings concerning the proposed
development were assured that the trees would remain; the trees are very important to the
neighborhood. He and other neighbors would like to see this land remain under the control of the
City to ensure that the trees remain.
Jon Chester said that it is the developer’s intention to retain as many of the trees as possible; there
may be a few trees on the fringe that have to come down.
No one else wished to speak, and the hearing was closed.
Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 01-159 approving
the sale of the strip of land north of Crystal Street to Armstrong Properties L.L.C., in the amount
of $4,350.55 with the following restrictions.
1.That garages cannot be located closer than 19 feet to the west property boundary of Outlot
X; and,
2.That a site plan showing the location of the garages and the associated landscaping be
reviewed and approved by staff prior to the sale, and that the landscaping be worked out as
closely as possible as stated in Paragraph 3 of the Council Action Form, i.e., that the
developer will not change the character of the strip of land, but will enhance it with
landscaping, trim the existing trees, possibly remove one tree that is partially dead and
leaning, and clean up and maintain the strip of land.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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City Attorney John Klaus asked if the Council wanted the second stipulation placed as a
restriction on the Deed, and the Council concurred that they did not.
Moved by Wirth, seconded by Cross, to direct staff to bring a report back to Council on a future
agenda concerning reinvesting in the land as Mr. Schill had proposed (for paving and maintenance
of the bike path in this area).
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON 2001/02 WATER SYSTEMS IMPROVEMENT PROJECT: The Mayor opened
the public hearing. There being no one wishing to speak, the hearing was closed.
Moved by Goodhue, seconded by Campbell, to accept the report of bids for the 2001/02 Water
System Improvement Program and delay award of contract until the Council’s meeting of May
8, 2001.
Vote on Motion: 6-0. Motion declared carried unanimously.
REVIEW OF CITY’S INVESTMENT PORTFOLIO: REVIEW OF CITY’S INVESTMENT
PORTFOLIO: Sherry Meier, City Treasurer, presented the City’s Investment Portfolio covering
the period ended March 31, 2001.
COUNTRY MEADOWS SUBDIVISION, 2ND ADDITION: Council Member Cross explained
that Letters of Credit do not need to be presented in person to receive payment on claims.
Moved by Cross, seconded by Campbell, to accept the Letter of Credit drawn on Clarke County
State Bank as security for the completion of the public improvements for the Country Meadows
Subdivision, 2nd Addition.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-160 approving the Final
Major Plat.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CLOSE-OUT AND DE-OBLIGATION OF UNEXPENDED FEMA MONIES FOR FLOOD
WALL PROGRAM (GRANT HMGP #0996-85-07): Moved by Wirth, seconded by Hoffman, to
adopt RESOLUTION NO. 01-161 approving the close-out and de-obligation of the unexpended
Hazard Mitigation Grant Program (HMGP) funds.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CEBA CONTRACT AMENDMENT #1 FOR VISIONAIRE CORPORATION: Moved by
Campbell, seconded by Cross, to adopt RESOLUTION NO. 01-162 approving CEBA Contract
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Amendment #1 for VisionAire corporation, which gives them until December 31, 2001, to create
153 jobs in Ames.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
WET-WEATHER FLOW TREATMENT AND METHANE GENERATOR PROJECTS:
Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 01-163 approving the
conceptual changes to the Wet-Weather Flow Treatment and Methane Generator Projects and
authorizing budget changes.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Council Member Hoffman left the meeting.
ORDINANCE ALLOWING FOR LONGER-TERM PARKING AT DESIGNATED METERS:
Moved by Goodhue, seconded by Cross, by pass on first reading an ordinance allowing for
longer-term parking at designated meters.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF SE 16TH STREET AND SOUTH DAYTON
AVENUE: Moved by Cross, seconded by Campbell, to pass on second reading an ordinance
rezoning the property generally located at the northwest corner of the intersection of SE 16th
Street and South Dayton Avenue, east of the Skunk River, from Agricultural to Highway-Oriented
Commercial and General Industrial.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Council Member Hoffman returned to the meeting.
ORDINANCE ESTABLISHING THE SOMERSET VILLAGE URBAN REVITALIZATION
AREA: Moved by Goodhue, seconded by Campbell, to pass on third reading and adopt
ORDINANCE NO. 3611 establishing the Somerset Village Urban Revitalization Area.
Roll Call Vote: 4-2. Voting aye: Campbell, Cross, Goodhue, and Wirth. Voting nay: Hoffman
and Quirmbach. Ordinance declared adopted, signed by the Mayor, and hereby made a portion
of these minutes.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FLORIDA AVENUE:
Moved by Hoffman, seconded by Cross, to pass on third reading and adopt ORDINANCE NO.
3612 designating parking prohibitions on Florida Avenue.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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ORDINANCE DESIGNATING PARKING PROHIBITIONS FOR HILLSIDE SUBDIVISION,
6TH ADDITION: Moved by Goodhue, seconded by Wirth, to pass on third
reading and adopt ORDINANCE NO. 3613 designating parking prohibitions for Hillside
Subdivision, 6th Addition.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Mayor Tedesco announced that there will be a special meeting on April 27, 2001,
at 4:00 p.m. to award the contract for the South Dakota Avenue/U. S. 30 Interchange Grading and
Paving Project.
Council Member Campbell asked if there are requirements in our Code that would pertain to use
of school property. Her concern arises over the proposed use of the Crawford Elementary School
by Ames School District Administration. She has counted only 18 parking spaces, which does
not seem adequate to accommodate the number of administrative personnel who will be located
there. City Attorney John Klaus explained that our ordinances exempt certain entities, i.e., the
county and the state, from having to abide by the City’s requirements; however, the ordinance
requires them to “cooperate” with the City. He is not sure if the School District is exempt from
those ordinances. Planner Eden Schmitt stated that staff is working on this issue.
Moved by Cross, seconded by Goodhue, to refer to staff the letter from Children Services of
Central Iowa concerning reallocating their ASSET funding.
Vote on Motion: 6-0. Motion declared carried unanimously.
CLOSED SESSION: Moved by Hoffman, seconded by Wirth, to hold a closed session as provided
by Section 20.17(3) Code of Iowa 1997 to discuss collective bargaining strategy.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Campbell, to reconvene in regular session.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Campbell, to adopt RESOLUTION NO. 01-164 accepting the
report of the fact-finder in impasse with the International Brotherhood of Electrical Workers,
Local No. 55 (Electric Distribution Unit).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ADJOURNMENT: 8:40 p.m.
_________________________________________________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
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