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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 01/12/1999MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JANUARY 12, 1999 The Ames City Council met in regular session at 7:00 p.m. on the 12th day of January, 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, Quirmbach, and Wirth. Council Member Parks was absent. CALL TO ORDER: 7:00 p.m. PRESENTATION OF GRAND PIANO. Roy Warman, former Ames Community Arts Council (ACAC) president, reported that through their fundraising efforts, all bills associated with the purchase of a 9' Steinway grand piano and its placement in the City Auditorium have been paid. Their fundraising efforts are continuing to provide funds for the maintenance of the piano. Kathy Svec, the current ACAC president, presented a miniature replica of a grand piano to the Council. PRESENTATION OF CERTIFICATE OF APPRECIATION. Mayor Tedesco presented a Certificate of Appreciation to Rob Hoffman, reporter for the Ames Tribune, for his coverage of Ames Council meetings for the past few years. Mr. Hoffman will be relocating to Ann Arbor, Michigan. CONSENT AGENDA: Item No. 17 was removed from the Consent Agenda for separate consideration. Item No. 18 was pulled from the agenda. Moved by Quirmbach, seconded by Wirth, to approve the following items on the Consent Agenda: 1.Motion approving payment of claims 2.Motion approving Minutes of special meeting of December 15, 1998, and of regular meeting of December 22, 1998 3.Motion approving certification of Civil Service applicants 4.Motion approving renewal of the following beer permits and liquor licenses: a.Class B Liquor License for Best Western Starlite Village, 2601 E. 13th Street 5.RESOLUTION NO. 99-1 approving adoption of Supplement No. 14 to the Ames Municipal Code, 1995 6.RESOLUTION NO. 99-2 approving agreement with IUOE, Local 234, for job classification changes 7.RESOLUTION NO. 99-3 approving the Commission on the Arts (COTA) mini-grant contracts 8.RESOLUTION NO. 99-4 approving change order for 5th Street Improvement Project 9.RESOLUTION NO. 99-5 approving completion of the Roof Replacement at Ames Transit Agency Facility 10.RESOLUTION NO. 99-6 approving completion of the 1997/98 Asphalt Resurfacing Program 11.RESOLUTION NO. 99-7 approving completion of the 1997/98 Storm Sewer Intake Reconstruction Program 2 12.RESOLUTION NO. 99-8 approving completion of the 1997/98 Water Program 13.RESOLUTION NO. 99-9 approving completion of the 1998/99 Parking Lot Rehabilitation Program 14.RESOLUTION NO. 99-10 approving Release of Subordination Agreement for the property located at 5421 Frost Drive in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision 15.RESOLUTION NO. 99-11 approving the Release of Contract and Lien for the property located at 5418 Frost Drive in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision 16.RESOLUTION NO. 99-13 authorizing Mayor to sign the conditional acceptance letter from IDED for Local Housing Assistance Program (LHAP) grant funds in connection with the Ames/Story County Affordable Housing Program Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT EXTENSION OF THE CITY’S GRANT AGREEMENTS WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE IOWA FINANCE AUTHORITY: Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 99-12 approving the request for a contract extension of the City’s grant agreements with the Iowa Department of Economic Development and the Iowa Finance Authority in connection with the City’s Phase IV Mortgage Buy-Down Affordable Housing Program. Roll Call Vote: 4-0-1. Voting Aye: Campbell, Hoffman, Quirmbach, Wirth. Voting Nay: None. Abstaining: Cross. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Pat Brown, 3212 West Street, Ames, representing the West Street Neighborhood, thanked the City Council and staff for their efforts concerning the curb replacement project recently completed on West Street. NEW CLASS B WINE LICENSE AND CLASS C BEER PERMIT FOR RSI-SUPERVALU, INC. (CUB FOODS): Moved by Campbell, seconded by Quirmbach, to approve a request for a new Class B Wine License and Class C Beer Permit for RSI - SuperValu, Inc. (Cub Foods), 3121 Grand Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. NEW CLASS B WINE LICENSE AND CLASS C BEER PERMIT FOR ALWAYS OPEN: Moved by Cross, seconded by Hoffman, to approve a request for a new Class B Wine License and Class C Beer Permit for Always Open, 419 Lincoln Way. Vote on Motion: 5-0. Motion declared carried unanimously. LOCATION FOR DOWNTOWN FARMERS’ MARKET: Robert Karp, 917 Burnett Avenue, representing the Downtown Farmers’ Market, stated that he did not initially communicate the date when they would like to commence operations in the spring to the Planning and Housing 3 Department. City staff prepared the Council Action Form stating the dates of operation for the Downtown Farmers’ Market from June 14 to October 30,1999; however, the group requests to begin operating on or around May 1, 1999. Council Member Cross asked if the downtown merchants were aware of the start date they were proposing. Mr. Karp stated that they had held meetings with the downtown merchants, and the merchants were supportive of their request. Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 99-14 approving a change in location for the Downtown Farmers’ Market from the west end of the Commercial Business District (CBD) parking lot to the south side of the median in the CBD lot west of Kellogg Avenue and additional operating hours of Saturday mornings (8 AM to Noon) and Monday afternoons (3 to 6 PM) from May 1 thru October 31, 1999. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. IOWA COMMUNITY CULTURAL GRANT FOR DOWNTOWN ARTWORK: Lynn Ekblad, Carole Horowitz, Houston Dougharty, and Dan Rice, members of the Public Art Commission, were present. Ms. Ekblad stated that the City’s Iowa Community Cultural Grant application had recently been approved in the amount of $15,000, which was the third highest amount granted to any entity in the state. Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 99-15 approving acceptance of an Iowa Community Cultural Grant for downtown artwork in the amount of $15,000. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ELECTRICAL CODE AMENDMENTS: Mayor Tedesco declared the hearing open. Brian Thompson, 810 Ninth Street, Ames, a member of the City’s Electrical Board, explained that the proposed changes merely represent a rewording of the Code, not changes to its context. He stated that the Electrical Board unanimously approved the amendments. Mr. Thompson addressed concerns which had been expressed by Carroll Nikkel in his letter dated November 16, 1998, copy of which had been previously forwarded to the Council. Carroll Nikkel, 2404 Waterford Drive, Ames, stated that he was representing the Electrical Trade Council of Iowa and his company, Nikkel & Associates, Inc. A letter dated January 12, 1999, signed by Carroll Nikkel was distributed to the Council outlining the concerns he and other contractors had about the proposed changes. He said the rule that a licensed journeyman electrician needs to be present at the worksite when work was being performed had not been enforced prior to 1995. He explained the different classifications of electricians: apprentices, journeyman, and contractor. Due to the difficulty of the Block Test required to be passed to obtain the journeyman classification, Mr. Nikkel said that there is a shortage of licensed journeyman electricians. He feels that a licensed journeyman electrician should not have to be 4 physically at the job site, but should be available to be contacted if a problem is noted. Mr. Nikkel stated that Nelson Electric, Rice Electric, Meisner Electric, and his company were in agreement that a licensed journeyman electrician should not have to physically be on site when electrical work is being performed. Mark Miller, 1715 Clark, Ames, who is a licensed journeyman electrician employed by ABC Electric, spoke in support of requiring a licensed journeyman electrician to be present on the job site. Jeff Rose, 850-18th Street, Des Moines, who is a member of the IBEW, Local 347, stated that the Union represents electricians who work in Ames, and they support requiring a journeyman to be present at all times on the job site. The Union has a five-year apprenticeship program. He said that Des Moines requires that a journeyman electrician be on the job site with electrical work is being performed. The Union feels that a key issue is safety. Mr. Rose stated that in 1998, 82 applicants took the Block Test; 78 passed the first time. The Union believes the Block Test to be a true measure of knowledge and skills for electricians. Council Member Cross asked how other contractors deal with the problems expressed by Mr. Nikkel. Mr. Rose stated that the solution is to hire more journeyman electricians. Don Bridgeman, 921 N. Second, Ames, also representing ABC Electric, stated that he is supportive of requiring that a journeyman electrician be on the job site when work is being performed. It is his feeling that an apprentice can only learn from working with a journeyman electrician. Key issues for his company are safety and liability. Leon Freeman, also a member of the IBEW, Local 347, out of Des Moines stated that he deals extensively with apprentices. It is his opinion that the Block Test is necessary. He informed the Council that of the four applicants who failed the Block Test in 1998, two have retested and subsequently passed the exam. Jerry Nelson, 1423 Linden Drive, Ames, spoke in support of the Ames Electrical Board’s recommendations. His company, Nelson Electric, believes that a journeyman electrician should be present on the job site as a matter of safety and liability. Dwight Kramer, the City’s Electrical Inspector, explained the amendments being proposed by the Electrical Board. The hearing was closed. Moved by Wirth, seconded by Cross, to pass on first reading an ordinance adopting the 1999 Edition of the National Electrical Code. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE: Mayor Tedesco 5 declared the hearing open. There being no one wishing to testify, the hearing was closed. Moved by Cross, seconded by Quirmbach, to pass on first reading an ordinance approving a technical amendment to Section 29.10, “Home Occupations,” of the Ames Municipal Code pertaining to day-cares. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON ADAMS STREET PAVING PROGRAM: Mayor Tedesco declared the hearing open. Kent Barush, representing SX Partners, the developers of the Windsor Oaks Subdivision, stated that they are in support of the assessment. The hearing was closed. Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 98-579 finally adopting the Resolution of Necessity for the Adams Street Paving Program. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. NON-MANDATED BOARDS AND COMMISSIONS: Steve Schainker, City Manager, stated that the Beautification Committee is not well suited to the “user group” model. He does not have a specific recommendation for this Committee at this time, but perhaps its objectives could be accomplished through a private entity or a new affiliation with some other group such as the Ames Foundation. Council Member Wirth said that another avenue might be through the Master Gardeners. Council Member Cross suggested perhaps this group could work with the Board of Realtors. Council Member Campbell recommended that letters be sent to all members of the boards/commissions being dissolved thanking them for their service to the City. Mayor Tedesco advised that the City Clerk’s Office would do so. Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 99-16 dissolving the Ames Beautification Committee as an official body of the City Council. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. It was the City Manager’s recommendation that a “user group” be established for the Ames/ISU Bicycle Committee. Mr. Schainker stated that initially, these “user groups” could be constituted from the present membership and could be expanded as the need arises. Staff intends to meet at least quarterly with these groups, but more frequently if justified. Mayor Tedesco pointed out that the dissolution of its official status does not preclude the committees from continuing their operations. Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 99-17 dissolving the Ames/ISU Bicycle Committee as an official body of the City Council. 6 Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. It was the recommendation of the City Manager that a “user group” be established for the Ames Humane League. Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 99-18 dissolving the Ames Humane League as an official body of the City Council. 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 pass on first reading an ordinance to amend the animal ordinance to delete any reference to the Ames Humane League. Roll Call Vote: 5-0. Motion declared carried unanimously. It was the recommendation of the City Manager that a “user group” be established for the Cable Television Commission. Council Member Quirmbach stated that due to the changes in the cable industry, this is one area where he hoped that the user group would meet quite frequently and that the City would publicize the meetings. Moved by Wirth, seconded by Cross, to pass on first reading an ordinance dissolving the Cable Television Commission. Roll Call Vote: 5-0. Motion declared carried unanimously. Council Member Campbell acknowledged the assistance that the non-mandated boards and commissions have provided to the Council in the past. NOTICE REQUIREMENT TO OCCUPANTS IN URBAN REVITALIZATION AREAS: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 99-19 waiving the notice requirement to occupants in the areas of the City to be included within urban revitalization areas. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SUBMITTAL OF GRANT APPLICATION FOR TRAFFIC SIGNALS AT ELWOOD DRIVE AND U. S. 30 EASTBOUND EXIT RAMP: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 99-20 approving an application for Traffic Safety Improvement Program (TSIP) funding for traffic signal installations at the U. S. #30 eastbound off-ramp/Elwood Drive intersection. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FREEL DRIVE SANITARY SEWER ASSESSMENT SCHEDULE: Moved by Cross, seconded 7 by Hoffman, to adopt RESOLUTION NO. 99-21 correcting errors in the Freel Drive Sanitary Sewer assessment schedule. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BLOOMINGTON ROAD PAVING PROJECT: Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 99-22 accepting as complete and satisfactory work done under contract for the Bloomington Road Paving Project; ordering final payment, determining amount to be assessed; and ordering final plat and schedule. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 99-23 adopting the final assessment schedule and levying assessments. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 99-24 levying deficiencies. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE LIMITING APPOINTMENTS TO CITY BOARDS AND COMMISSIONS TO ONLY THOSE PERSONS RESIDING WITHIN THE CITY LIMITS: Council Member Campbell asked if Council needed to legislate this matter. Council Members Hoffman and Quirmbach stated they shared Campbell’s concerns. Council Member Campbell said that a person’s address should be included when the information on the appointee is forwarded to the City Council. Council Member Wirth advised that she had received a couple calls from persons on the City’s technical boards that there may not be enough qualified persons from Ames who want to serve on their boards; however, with the exception that is written into the ordinance, a problem should not be encountered. Moved by Wirth, seconded by Cross, to pass on first reading an ordinance limiting appointments to City Boards and Commissions to only those persons residing within the City limits. Roll Call Vote: 4-1. Voting aye: Campbell, Cross, Hoffman, Wirth. Voting nay: Quirmbach. Motion declared carried. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON CESSNA STREET (BETWEEN BEACH AVENUE AND COUNTRY CLUB BOULEVARD): Moved by Hoffman, seconded by Cross, to pass on first reading an ordinance designating parking prohibitions on Cessna Street (between Beach Avenue and Country Club Boulevard). Roll Call Vote: 5-0. Motion declared carried unanimously. 8 ORDINANCE DESIGNATING PARKING PROHIBITIONS ALONG BOTH SIDES OF ROSS ROAD FROM NORTH DAKOTA TO ARIZONA AVENUE: Moved by Cross, seconded by Wirth, to pass on first reading an ordinance designating parking prohibitions along both sides of Ross Road from North Dakota to Arizona Avenue. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE DESIGNATING SPEED LIMITS ON STANGE ROAD FROM 24TH STREET TO BLOOMINGTON ROAD: Moved by Campbell, seconded by Hoffman, to pass on first reading an ordinance designating speed limits on Stange Road from 24th Street to Bloomington Road. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REGARDING AN AMENDMENT TO SECTION 20.11(1) OF THE MUNICIPAL CODE (PUBLIC HEARING NOTICE PROCEDURE FOR THE ADOPTION OF A LAND USE POLICY PLAN: Moved by Campbell, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3508 regarding an amendment to Section 20.11(1) of the Municipal Code (public hearing notice procedure for the adoption of a Land Use Policy Plan). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Mayor Tedesco advised that the Council will hold their Capital Improvements Plan Workshop at 5:15 p.m. on January 19, and on January 23, there will be a Council retreat at the Parks & Recreation Activity Room commencing at 8:00 a.m. Moved by Cross, seconded by Wirth, to place the request of Murray Blackwelder, Vice- President for External Affairs at ISU, on the Council agenda for January 26. Mr. Blackwelder is asking the Council to consider passing an ordinance to raise the hotel/motel tax to seven percent. Vote on Motion: 5-0. Motion declared carried unanimously. Mayor Tedesco informed the Council that he had received complaints about the number of handicapped parking spaces in proximity to the Sheldon Munn and inquiries as to where people may park overnight in the downtown area. Moved by Wirth, seconded by Cross, to refer these two matters to staff for response. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Campbell stated that some garbage haulers have been asking for the payment of a fee from Ames’ residents for transportation costs associated with recycling glass. Paul Wiegand, Public Works Director, stated that recyclers may bring in receipts to the Public Works Department and are paid $45/ton. It had been determined that it costs the City $45/ton to dispose of glass; therefore, as a diversion fee, the City opted to offer that to recyclers. The Public Works Department is working on an informational brochure to advise citizens of what options are available. 9 Council Member Quirmbach referred to letters that Council had received from Billy Habhab, 1711-24th Street, Ames, and recommended that the Mayor’s Youth Committee respond to them. Mayor Tedesco stated that he had already responded to those letters, but perhaps the Mayor’s Youth Committee could respond to similar letters in the future. Council Member Hoffman acknowledged the notification that the Story Council Empowerment application was approved by the State Empowerment Board. Sheila Lundt, Assistant to the City Manager, stated that at the last ASSET meeting, there was a request that ASSET consider becoming the permanent Empowerment Board. They will be having a joint-funders’ meeting in the near future. Council Member Hoffman asked for the City Manager to facilitate the review of a proposed rule change in the Landfill Alternative Grant Program. Moved by Wirth, seconded by Cross, to refer to staff the letter written by Matthew D. Randall of the Randall Corporation, 303 Welch, Ames, wherein he requested that a stop sign be placed in the Aspen Business Park at the intersection of Golden Aspen Drive and S. 17th Street. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Cross asked for a chronology of the snow removal process. Paul Wiegand described the process. Steve Schainker clarified the process of plowing cul-de-sacs stating that not all the snow will be plowed toward the median; one pass will move the snow towards the property side and the other two will move the snow towards the median. In addition, if the median is full of snow and another snowstorm hits, it may not be possible to push any more snow in the median. Oftentimes, fire hydrants are located in the middle of the median, and Mr. Wiegand asked citizens to scoop the snow around the hydrant so that it will be visible. CLOSED SESSION: Moved by Hoffman, seconded by Cross, to hold a closed session as provided by Section 20.17(3), Code of Iowa, 1997, to discuss collection bargaining. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Cross, to reconvene the regular meeting. Vote on Motion: 5-0. Motion declared carried unanimously. TENTATIVE AGREEMENT BETWEEN THE CITY AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 55: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 99-25 approving the Tentative Agreement between the City of Ames and the International Brotherhood of Electrical Workers, Local 55 (Electric Distribution). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 10 ADJOURNMENT: The meeting adjourned at 8:44 p.m. _________________________________________________________________________ Diane R. Voss, City Clerk Ted Tedesco, Mayor