HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/26/2001 MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 26, 2001
The Ames City Council met in regular session at 7:00 p.m. on the 10th day of July, 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, Cross, Goodhue, Hoffman, and Wirth. Council Member Quirmbach was
absent.
CALL TO ORDER: 7:00 p.m.
PRESENTATION ON POWER PLANT DIOXIN BY DR. ROBERT BROWN: Dr. Robert
Brown gave details of the allegations contained in Barry Commoner’s study regarding dioxin emissions from
the Ames Municipal Power Plant. Dr. Brown stated that his analysis of the Commoner study discovered both
oversights and oversimplifications that result in a grossly inaccurate estimate of the likely emissions of dioxin
from the Ames Power Plant. Dr. Brown advised that, since dioxin emissions from the Ames facility appear to
be much lower than assumed in the Commoner study, there is little reason to pursue expensive in-plant testing
for dioxin.
Moved by Cross, seconded by Goodhue, to accept the report of Dr. Robert Brown and to recommend that no
further testing for dioxin emissions be conducted at the Ames Municipal Power Plant.
Vote on Motion: 5-0. Motion declared carried unanimously.
CONSENT AGENDA: Moved by Cross, seconded by Hoffman, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of June 12, 2001
3.Motion approving renewal of the following beer permits and liquor licenses:
a.Class C Liquor - Whiskey River, 132 Main Street
b.Special Class C Liquor - Hickory Park, 1404 South Duff Avenue
c.Class C Liquor and Outdoor Service Area - Iowa State Memorial Union, ISU Campus
4.RESOLUTION NO. 01-261 adopting new and revised fees
5.RESOLUTION NO. 01-262 approving and adopting Supplement No. 2001-3 to the Ames Municipal Code, 1995
6.RESOLUTION NO. 01-263 approving appointment of Jerry Garcia to fill vacancy on Human Relations
Commission
7.RESOLUTION NO. 01-264 proposing release of judgment lien arising from City of Ames vs. Regency Builders,
Inc., and Regency Land Co., L.C., for Lot 1, Bloomington Heights, Plat 8; and setting date of public hearing for
July 10, 2001
8.RESOLUTION NO. 01-265 proposing release of judgment lien arising from City of Ames vs. Regency Builders,
Inc., and Regency Land Co., L. C., for Lot 30, Bloomington Heights Plat 8; and setting date of public hearing
for July 10, 2001
9.RESOLUTION NO. 01-266 setting date of public hearing for July 10, 2001, for issuance of General Obligation
Bonds in an amount not to exceed $10,100,000 and setting date of sale for July 10, 2001
10.RESOLUTION NO. 01-267 approving Engineering Services Agreement with Kaeding & Associates in the
amount of $75,000 for the Water Pollution Control Plant Methane Generator Project
11.RESOLUTION NO. 01-268 approving Three-Party Agreement with City of Ames, Government of Student Body
(GSB), and Iowa State University for Ames Transit Agency
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12.RESOLUTION NO. 01-269 approving additional Human Services contracts for FY 2001/02
13.RESOLUTION NO. 01-270 approving additional Commission On The Arts (COTA) contracts for FY 2001/02
14.RESOLUTION NO. 01-271 approving funding contract with Ames Heritage Association for FY 2001/02
15.RESOLUTION NO. 01-272 approving 2001/02 funding agreement with Ames International Partner Cities
Association
16.RESOLUTION NO. 01-273 approving the expenditure of $1,186.65 from Contingency Fund for FY 2000/01
operating costs of Information Kiosk
17.RESOLUTION NO. 01-274 approving preliminary plans and specifications for demolition of old Water
Pollution Control Plant; setting July 17, 2001, as bid due date and July 24, 2001, as the date of public hearing
18.RESOLUTION NO. 01-275 approving contract and bond for Rehabilitation of Taxiway 13/31 and South Apron
and Taxiway to East Hangar Area
19.RESOLUTION NO. 01-276 approving contract and bond for U.S. Hwy. 30 Off Ramp/South Duff Avenue
Traffic Signal Project
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.
REQUEST FOR NEW LICENSES FOR SMG FOOD AND BEVERAGE COMPANY: Moved
by Goodhue, seconded by Cross, to approve new Class C Liquor license for C. Y. Stephens Auditorium, Iowa
State Center; new Class BW Liquor license for Fisher Theater, Iowa State Center; new Class C Liquor &
Outdoor Service Area for Hilton Coliseum, Iowa State Center; and new Class C Liquor license for Scheman
Building, Iowa State Center.
Vote on Motion: 5-0. Motion declared carried unanimously.
OUTDOOR SERVICE AREA FOR ELKS LODGE #1626, 522 DOUGLAS AVENUE: Moved
by Cross, seconded by Hoffman, to approve Outdoor Service Area for Elks Lodge #1626, 522 Douglas Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUESTS FROM MIDNIGHT MADNESS: Moved by Cross, seconded by Goodhue, to approve the closure
of the following streets and parking lots:
July 7, 5 - 11 PM:Main Street from Kellogg Avenue to Northwestern Avenue
Kellogg Avenue from Main Street to Sixth Street
Sixth Street from Douglas Avenue to Clark Avenue (1 lane only)
Fifth Street from Douglas Avenue to Clark Avenue
Douglas Avenue from Fifth Street to Sixth Street
Clark Avenue from Sixth Street to Main Street
Northwestern Avenue from Main Street to Sixth Street
Sixth Street from Northwestern Avenue to Elwood Drive
July 7/8, 5 PM - 1 AM:Clark Avenue from Sixth Street to Fifth Street
July 7/8, 1 AM - 5 PM:East City Hall parking lot
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to approve a five-day Class B beer permit and Outdoor Service Area
in the East City Hall parking lot, Fifth Street and Clark Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
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Moved by Cross, seconded by Goodhue, to approve tapping of up to seven kegs at once during the post-race
party with a maximum of 40 kegs total during the evening.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST OF AMES ECONOMIC DEVELOPMENT COMMISSION TO CARRY OVER TO FISCAL
Y EA R 2 0 0 1 /0 2 U N SP EN T MARK ETING F UNDS : M o v ed b y Go o d h u e, s ec o n ded
by Campbell, to adopt RESOLUTION NO. 01-277 approving the request of the Ames Economic Development
Commission to carry over $8,617.38 in marketing funds for the construction of an entryway sign at East 13th
Street and Interstate 35.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
ABANDONMENT OF PUBLIC UTILITY EASEMENT FOR THE EAST 10' OF THE WEST 205' OF LOT
2, O’ROURK E SUBDIVIS ION: M o v ed b y Go o d h u e, s ec o n d ed b y C ro s s , t o ad o pt
RESOLUTION NO. 01-278 approving the abandonment of a utility easement in the east ten feet of the west 205'
of Lot 2 in the O’Rourke Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
REQUEST FROM PUBLIC ART COMMISSION TO CARRY FORWARD 2000/01 FUNDING TO 2001/02
AND TO A U TH OR I Z E A D D I TI ON A L A P P R OP R I A TI ON F OR 2 0 0 1 /02: Moved
by Hoffman, seconded by Goodhue, to adopt RESOLUTION NO. 01-279 approving the total budget request
of the Public Art Commission for Fiscal Year 2001/02 in the amount of $30,150 ($9,165 in carry-over funds
from FY 2000/01, $15,000 in funding approved in February 2001, and $5,985 in new funding).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
HEARING ON DOVER DRIVE PAVING ASSESSMENT: Jerry Byg, Municipal Engineer, gave
a chronology of events leading up to the petition being filed by the owners of three properties to pave Dover
Drive. He advised that City staff has met with all of the property owners; there are six properties involved. Mr.
Byg advised that the Cleasbys, the Lindemans, and the Burns are in favor of this project and are willing to pay
50% of the assessment. Objections to the assessment have been filed with the City Clerk from the Wesleys, the
Burnets, and the Bonds.
The hearing was opened by Mayor Tedesco.
John Cleasby, 4805 Dover Drive, Ames, explained that he was speaking on behalf of the owners of the three
properties who are in favor of the project providing it can be built without the need for a new storm sewer. He
gave the reasons why they support the paving project. They initially preferred only asphalt surfacing, however,
after speaking with City staff, now understand that curb and gutter is necessary.
Ron Wesley, 4719 Dover Drive, Ames, advised that it was unclear to him, after reading the Resolution of
Necessity, why this project was necessary. He said that his family moved into this neighborhood specifically
because of the rustic nature and charm of the environment; they feel the gravel road contributes to that rustic
nature. Mr. Wesley stated that the grading occurs in front of his property because it has the highest elevation.
He gave a history of this neighborhood, stating that a portion of Dover Drive was intentionally left as a gravel
surface. After speaking with the City Assessor’s Office, he has ascertained that property assessments will be
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increased by 20% over and above the special assessment.
Irene Wesley, 4719 Dover Drive, Ames, distributed a plat showing the lots of the affected property owners. She
said that she could not determine the reasons for the project after reading the Resolution of Necessity. Ms.
Wesley asked the City Council to reject the project.
George Burnet, 4813 Dover Drive, Ames, clarified that he is opposed to the project mainly because it would
change the grade of the land. He already has an extensive amount of runoff onto his property and would prefer
that the road remain unpaved.
Paul Bond, 4720 Dover Drive, Ames, advised that he would prefer to have the grade remain the same as it is
now. He objects wholeheartedly to directing all street drainage on Dover Drive to the storm sewer at Delaware
Avenue and Dover Drive as it would cut into his property approximately two and one-half feet. He also opposes
having most of the street drainage directed to the storm sewer at Delaware Avenue and Dover Drive while the
drainage from the cul-de-sac is directed to flow onto private property as it would cut into his property
approximately one and one-half feet.
Council Members Campbell and Cross pointed out that this was not a City-initiated project; it was petitioned
for by some of the property owners. Council Member Hoffman pointed out that it is important for the neighbors
to be cooperative with one another; however, there does not appear to be agreement among the affected property
owners that this project is needed.
Moved by Goodhue, seconded by Cross, to continue this hearing until July 24, 2001, and direct staff to work
with the neighborhood on acquiring drainage easements and assessment waivers.
Jerry Byg advised that it would be impossible for him to acquire assessment waivers from all affected property
owners.
Motion withdrawn.
Moved by Campbell, seconded by Wirth, to reject this project entirely.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON ALLEY PAVING ASSESSMENT (SOUTH 2ND TO SOUTH 3RD BETWEEN
WASHINGTON AND WALNUT): Mayor Tedesco opened the public hearing. There being no one
wishing to speak, the hearing was closed.
Moved by Cross, seconded by Goodhue, to finally adopt RESOLUTION OF NECESSITY NO. 01-222.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
HEARING ON FIRE STATION NO. 1 ROOF REPLACEMENT PROJECT: The public
hearing was opened by Mayor Tedesco. No one wished to speak, and he closed the hearing.
Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 01-280 approving final plans and
specifications and awarding a contract to Bitz Roofing, Inc., of Ames, Iowa, in the amount of $29,791.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
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of these minutes.
2HEARING ON CO STORAGE TANK AND FEED SYSTEM: Mayor Tedesco declared the
public hearing open. No one desired to speak, and the hearing was closed.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 01-281 approving final plans and
specifications and awarding a contract to ACI Mechanical of Ames, Iowa, in the amount of $117,800.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
HEARING ON PROPOSED RELEASE OF JUDGMENT LIEN ARISING FROM CITY OF AMES VS
REGENCY BUILDERS, INC., AND REGENCY LAND CO., LC, PERTAINING TO LOT 9,
BLOOMING TON HEI GHTS, P LAT 8: T h e h ea ri n g wa s o p en ed b y M ayo r T edesco.
He closed the hearing as no one wished to speak.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 01-282 approving release of judgment
lien for Lot 9, Bloomington Heights, Plat 8.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
RENEWAL OF HEALTH CARE ADMINISTRATIVE SERVICES: Jon-Scott Johnson, Risk
Manager, summarized the expenses that comprise the health care rates. He said that the renewal totals for all
portions of the health insurance program are $342,749 over the 2000/01 adopted budget. Mr. Johnson explained
that this increased cost has caused staff to set the premium levels for health care coverage at all-time highs;
single coverage will increase 19% and family rates will increase 12%. He said that while most expenses have
increased, the single largest factor is pharmacy costs.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 01-283 approving the proposal from
Wellmark for administrative excess insurance and access charges in an estimated amount of $457,735.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
SELECTION OF CARRIERS FOR PROPERTY, BOILER AND MACHINERY, AND LIABILITY
INSURANCE COVERAG ES: J on-Scott J ohnson expl ained that staf f sec u red two
proposals from carriers. Staff compared the proposals and noted some significant coverage differences. He said
the most significant of those is the increase in the underlying coverage for general liability and the defense costs
being taken out of the limits for public officials and law enforcement coverages.
Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 01-284 approving the proposal from
Employers Mutual Casualty (EMC) and AIG/Hartford Steam Boiler for general liability, excess, law
enforcement, public officials, liquor, employee bond, and property and boiler machinery coverages for the
2001/02 fiscal year in the amount of $620,047.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
CONSTRUCTION OF DISPLAY CASE: Moved by Wirth, seconded by Cross, to adopt
RESOLUTION NO. 01-285 approving $6,000 from the Contingency Fund to be designated to build a display
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case outside of the City Council Chambers.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
POLICE DEPARTMENT MOBILE COMPUTER EQUIPMENT: Moved by Hoffman, seconded
by Goodhue, to adopt RESOLUTION NO. 01-286 accepting the grant from the Iowa Department of
Transportation for mobile computer equipment in the amount of $50,240 with matching funds ($15,896) to
come from the Ames Police Forfeiture Account.
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 Goodhue, to adopt RESOLUTION NO. 01-287 waiving the formal
bidding process to allow for the purchase of eight mobile computers from Data 911 in the amount of $51,339.92.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
EASEMENT FOR ELWOOD PASTURE PARCEL FOR EXTENSION OF SQUAW CREEK GREENBELT
TRAIL SYS TEM: M o v e d b y Cr o ss, seconde d by Wirth, t o adopt RESOL UTI ON
NO. 01-288 approving the Easement Agreement with Iowa State University for land located south of Sixth
Street, north of Lincoln Way, and east of Elwood Drive to allow the City to install an 8-foot-wide hard-surface
trail and a ten-foot-wide pedestrian/bicycle bridge in the Squaw Creek Greenway System.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
AMENDMENT TO THE PLANNED RESIDENCE DISTRICT (PRD) PLAN FOR GREEN HILLS
LOCATED AT 2200 HAMILTON DRIVE: Moved by Goodhue, seconded by Wirth, to
adopt RESOLUTION NO. 01-289 approving the amendment to the Planned Residence District Plan for Green
Hills, 2200 Hamilton Drive, to allow for the construction of a 12' x 20' x 15' high shelter on the flat roof of the
existing eight-story building in the Green Hills development with the following stipulation: That the shelter be
constructed in accordance with the design and materials, as proposed.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
PURCHASE OF PROPERTY FOR BUS TURNAROUND: Moved by Cross, seconded by Wirth,
to adopt RESOLUTION NO. 01-290 authorizing purchase of a lot at the northeast corner of Ontario and
California (Lot #1) from Hunziker & Associates for the amount of $30,500 to allow for a CyRide bus turnaround
subject to the completion of a Plat of Survey or the Final Plat for Brookview Subdivision, 3rd Addition.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
ORDINANCE AMENDING SECTIONS 29.201, 29.406(2), AND 29.1202(4) PERTAINING TO
INDEPENDENT SENIOR LIVING: Moved by Wirth, seconded by Goodhue, to pass on
second reading an ordinance amending Sections 29.201, 29.406(2), and 29.1202(4) defining and allowing
Independent Senior Living to be permitted by Special Use Permit in the Suburban Residential Medium Density
Zone.
Roll Call Vote: 5-0. Motion declared carried unanimously.
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ORDINANCE REVISING WATER RATIONING PROVISIONS: M o v ed by Goodhue,
seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3620 revising water rationing
provisions.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
ORDINANCE PROHIBITING PARKING ON THE WEST SIDE OF SAPPHIRE CIRCLE FROM ONYX
S T RE ET SOU TH TO THE R AD IU S OF THE C IR CL E: M o ved by Wirth,
seconded by Hoffman, to pass on third reading and an adopt ORDINANCE NO. 3621 prohibiting parking on
the west side of Sapphire Circle from Onyx Street south to the radius of the Circle.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion
of these minutes.
COMMENTS: Moved by Goodhue, seconded by Wirth, to refer to staff: (1) the letter from Josh
Speck asking for a waiver of regulations for a subdivision located within the City’s two-mile jurisdictional limit;
letter from Ev Cochrane and Associates requesting tax abatement for development of a high-rise building at the
SE corner of Chamberlain and Stanton; letter from Ames Convention and Visitor’s Bureau and Chamber of
Commerce requesting to close streets for the 2001 Shrine Bowl All-Star Football Classic Parade; two letters
from Clarence Martin asking to pave SE Second Street from High Avenue through the intersection of Kingsbury.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Cross, seconded by Wirth, to direct the Mayor to respond to the Ames Tobacco Task Force letter
dated June 15, 2001.
Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: 9:05 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor