HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 01/13/1998
MINUTES
OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
CITY OF AMES, IOWA
JANUARY 13, 1998
The Ames City Council met in regular session at 6:30 p.m. on the 13th day of January, 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, Cross, Hoffman,
Quirmbach, Parks, and Wirth.
CALL TO ORDER: 6:30 p.m.
RECOGNITION OF NEWLY-ELECTED AND RE-ELECTED COUNCIL MEMBERS:
Mayor Tedesco welcomed Coun. Russ Cross and presented him with a Certificate of Election
prepared by the Story County Auditor. Coun. Cross said he looked forward to working with his
fellow Council members. Mayor Tedesco also congratulated and presented certificates to newly-
re-elected Couns. Campbell and Wirth.
PRESENTATION FROM STORY COUNTY REPRESENTATIVES ON PROPOSED
NEW JUSTICE CENTER: Story County Supervisors Jane Halliburton, Fred Mathison, and
Jack Whitmer, and Story County District Court Judge Dale Ruigh, Sheriff Paul Fitzgerald, and
District Court Administrator David Hayward gave a slide presentation on a proposal for a new
Story County Justice Center, which will go before the voters on February 10, 1998.
PRESENTATION OF AMES CONVENTION AND VISITORS BUREAU ANNUAL
REPORT: Ames Convention and Visitors Bureau Executive Director Rich Harter distributed
the Bureau’s 1997 Annual Report and its 1998 Marketing Plan. He said 1997 had been another
record-breaking year in terms of hotel room bookings in Ames. He also distributed a copy of the
Ames/Iowa State Meeting Guide that had been jointly funded with ISU, and a direct mail piece
regarding the Guide that had been mailed to clients and potential clients throughout the country.
CONSENT AGENDA: Motion by Campbell, Second by Wirth, to approve the following items
on the Consent Agenda, removing Item 21 for separate consideration:
1. Motion to approve payment of claims
2. Motion to approve Minutes of the Special Meeting of December 19 and of
the Regular Meeting of December 16, 1997
3. Motion to approve renewal of the following beer permits and liquor licenses:
a. Class B Liquor - Best Western Starlite Village, 2601 East 13th Street
b. Class B Liquor - University Inn, 316 S. Duff
c. Special Class C Liquor - House of Chen, Inc. 2508 Ferndale
4. Motion setting February 10 and February 24, 1998 as Conference Board Meeting
dates
5. Motion approving certification of Civil Service applicants
6. Motion authorizing City Manager, Police Chief, and Parks and Recreation
Department Director to attend Mayor's ad hoc Youth Committee on an as-
requested basis
7. RESOLUTION NO. 98-1 approving and adopting Supplement No. 10 to Ames
Municipal Code, 1995
8. RESOLUTION NO. 98-2 approving COTA Mini-Grant contracts for 1997/98
9. RESOLUTION NO. 98-3 approving Xenia Rural Water District water service
request to serve land in far western edge of City's 2-mile boundary near West
Lincoln Way and Hwy. 30
10. RESOLUTION NO. 98-4 approving preliminary plans and specifications for
1997/98 Sanitary Sewer Rehabilitation Program No. 2; setting February 4, 1998
as bid due date and February 10, 1998 as date of hearing and award of contract
11. RESOLUTION NO. 98-5 approving preliminary plans and specifications for
1
1997/98 Storm Sewer Intake Repair Program; setting February 4, 1998 as bid due
date and February 10, 1998 as date of hearing and award of contract
12. RESOLUTION NO. 98-6 approving preliminary plans and specifications for East
Lincoln Way Reconstruction Project (Barilla); setting February 11, 1998 as bid
due date and February 24, 1998 as date of hearing and award of contract
13. RESOLUTION NO. 98-7 approving preliminary plans and specifications for
1996/97 Arterial Street Rehabilitation Program; setting February 11, 1998 as bid
due date and February 24, 1998 as date of hearing and award of contract
14. RESOLUTION NO. 98-8 approving preliminary plans and specifications for
1998 Traffic Signal Improvement Program (30th/Grand/Wheeler/Grand,
13th/Dayton); setting February 18, 1998 as bid due date and February 24, 1998 as
date of hearing and award of contract
15. RESOLUTION NO. 98-9 accepting completion of 1996/97 Water Program No. 1
16. RESOLUTION NO. 98-10 approving contract and bond for 1997/98 Annual
Residential Street Low Point Drainage Improvements (Franklin Avenue)
17. RESOLUTION NO. 98-11 approving contract and bond for 1997/98 Storm Sewer
Outlet Erosion Control (Briggs Circle) Project
18. RESOLUTION NO. 98-12 approving contract and bond for East 13th Street Bike
Path Project
19. RESOLUTION NO. 98-13 approving subordination of real estate mortgage for
property located at 5465 Frost Drive in connection with City's Phase 3 Affordable
Housing Program in the Bentwood Subdivision
20. RESOLUTION NO. 98-14 approving subordination of real estate mortgage for
property located at 5403 Frost Drive in connection with City's Phase 3 Affordable
Housing Program in the Bentwood Subdivision
21. Resolution awarding contract with Boone Construction Company for removal of
Community Center spa and renovation of space (Removed for Separate
Consideration; See action at the end of this section)
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
SEPARATE CONSIDERATION:
AWARD OF CONTRACT FOR REMOVAL OF COMMUNITY CENTER SPA AND
RENOVATION OF SPACE: Coun. Parks said he found this item “interesting.”
Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 98-15 awarding
contract to Boone Construction Company for removal of Community Center spa and
renovation of space.
Roll Call Vote: 6-0. Resolution declared unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one came forward to speak at this time.
NEW CLASS E LIQUOR LICENSE AND CLASS E BEER PERMIT FOR OSCO DRUG
#585: Motion by Parks, Second by Hoffman, to approve request for new Class E Liquor License
for Osco Drug #585, 207 S. Duff Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Wirth, to approve request for new Class E Beer Permit
for Osco Drug #585, 207 S. Duff Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
DISCUSSION WITH PUBLIC ART POLICY AND ACQUISITION COMMISSION
REGARDING RECOMMENDED LOCATION FOR "EAGLE" SCULPTURE: Dan Rice
and Jane Greimann, Public Art Policy and Acquisition Commission, were present to answer
questions from the Council. Ms. Greimann noted the Commission had revised their original
recommendation for the location of this sculpture, and was now recommending it be placed in
the floodway area of Stuart Smith Park, rather than the previously recommended floodplain area.
She said Commission members would walk the area with representatives from ISU to determine
2
which of several possible sites would be selected.
Motion by Hoffman, Second by Parks, to authorize the Public Art Policy and Acquisition
Commission to work with the Parks and Recreation Department and with Iowa State
University Staff to find a suitable location in Stuart Smith Park for the “Eagle” sculpture.
Vote on Motion: 6-0. Motion declared carried unanimously.
AUTHORIZATION OF STAFF TO PROCEED WITH STEPS FOR SPECIAL
ELECTION FOR ISSUANCE OF G.O. BONDS TO FUND PORTION OF COST FOR
NEW AMES/ISU ICE ARENA FACILITY: Parks and Recreation Department Director Nancy
Carroll reviewed the Staff Report on this item. She said the heaving of ice at the present
Ames/ISU Ice Arena has damaged the present single-surface ice facility. She said an ice users
group has committed itself to paying the costs of a special election to issue General Obligation
bonds to construct a new single-surface facility, as well as voter education for the proposed bond
issue. She reviewed how consultants had been hired in the past to prepare proposed cost
estimates for constructing a new single-surface ice facility capable of seating a minimum of
1,000 spectators.
Ms. Carroll said ISU has committed $1.7 million from student fee money, and had also
committed to raising an additional $300,000 privately through the ISU Foundation. She said the
City’s cost of the proposed facility would be $1.7 million, which amounted to approximately
$7.52 per $100,000 assessed value. She said reasons for going ahead with the bond issue at this
time included the present situation was a unique opportunity to partner with ISU. She said the
current Student Fee Committee has committed to the student fee money, and noted the
Committee may have new members next year who may not make such a commitment.
Kathy Thomas, 923 Vermont Circle, said she was present this evening on behalf of the “Ice is
Nice” Committee, who were present largely because of the children in Ames who use the ice
arena facility for various programs. She said the “Ice is Nice” Committee has been meeting and
working on this issue for the past six months. She said the proposed bond issue was a unique
opportunity for the City to share the cost of a new facility with ISU and with private donors. She
said the “Ice is Nice” group felt the present was the appropriate time for voters to consider this
issue, because of the interest in winter sports generated by the Olympics and the upcoming
National Hockey tournament. She said they would ask the Council to direct Staff to begin
proceedings for Council’s official authorization of a special election for this bond issue.
Alan Murdoch, 5840 North Swing, said he wished to thank the community for his opportunity to
work with young people interested in hockey.
Mike Ogbourne, 3117 Northwood Drive, said he was thankful Ames had an ice arena while he
was growing up, and said he felt playing hockey helped keep young people out of trouble. He
said he felt playing hockey had been a supplement to his own education, and gave him
opportunities he might not otherwise have had. He said he hoped other kids in Ames would have
similar opportunities.
Motion by Wirth, Second by Cross, to authorize a special election to be held to assess the
public’s financial support in contributing $1.7 million toward the construction of a new
ice arena, subject to ISU’s commitment to finance $2 million of the project; to accept the
“Ice is Nice” Committee’s $13,000 commitment to finance the cost of a special election;
to direct Staff to contact the City’s bond counsel to prepare the ballot measure and the
resolution for Council action to officially authorize this special election; to direct Staff to
contact the Story County Auditor’s office to coordinate the date and specific details for a
special election to be held; and to direct Staff to draft an Ames/ISU Ice Arena
Development Agreement for the construction and management of a new facility.
Mayor Tedesco noted the Story County Auditor’s Office had indicated the earliest date for the
election would be March 31, 1998.
When questioned regarding the availability of ISU-owned land for a potentially broader-based
3
facility in the future, ISU Vice President of Finance Warren Madden said the ultimate relocation
of the University’s daily farmland is included in the University’s long-range landuse plan, and
said ISU is amenable to having conversations about the way this land can be used in the future.
He said it is difficult to formalize those conversations, because the time lines involved are fairly
far into the future. He said regarding the Ice Arena, ISU agreed this is probably the best time to
move this cooperative venture forward. He noted the Board of Regents would have to act
affirmatively on the proposals.
Mayor Tedesco said he felt the intent of the Motion was that this action would be subject to the
endorsement of ISU and the Student Fee Committee.
Vote on Motion: 6-0. Motion declared carried unanimously.
DISCUSSION OF CURRENT LEAF BURNING ORDINANCE: Mayor Tedesco asked for
citizen input on this item.
Dr. Edward Nassif, 1215 Duff, said he is a physician who cares for children with allergies and
individuals with lung diseases, and as one who has been in practice for 18 years, he could state
that the continuation of open leaf burning poses a threat to these patients and other Ames
residents. He said statistics show approximately 1 in 6 individuals is affected by open leaf
burning. He said these individuals should not have to suffer for an irritant that they cannot
control. He said they should not have to stay inside during the nicest months of the year, nor
should they have to leave town. He noted Ames was recently recognized as the second most
liveable city in the U.S., and McFarland Clinic recently received recognition for its quality
health care.
Laurie DeReus, 1321 Douglas Avenue, said she was a mother of two children aged 4 to 6 with
respiratory problems, and she distributed a picture of her children. She said she herself suffers
from asthma. She distributed and read into the record a letter dated January 13, 1998 from
herself to the Council regarding what it is like for her to breathe toxic smoke from burning
leaves and how it affects those with respiratory problems. She said even if individuals stay
indoors, the smoke permeates their homes. She said it was not true that a good hot fire will not
produce smoke, nor was it true that the fires were always tended by responsible adults who
would put them out if complaints were received. She said human health and suffering should
count more than the inconvenience of bagging and mulching. She said free days at the City’s
yard waste disposal site should accommodate the needs of citizens wishing to dispose of leaves.
She said many people are no longer willing to come forward to speak in favor of a leaf burning
ban, because they feel nothing will be done.
Ms. DeReus distributed and read into the record letters from the following individuals in support
of a total ban on leaf burning in Ames: Hope Arthur, 3325 Hoover; Faith Kennedy, 326
Westwood; Mariam Robbins, 3807 Minnetonka Avenue; and Sharon Cruse, 111 16th Street.
She also distributed a petition signed by over 70 individuals in support of a total leaf burning
ban.
Daryle Vegge, 5128 Schubert, said he too had a son with asthma, and who has had several severe
attacks. He said while he personally enjoys the smell of burning leaves, he felt leaf burning
should be banned in Ames.
Louis Banitt, 1215 Duff, said he was a retired physician in Ames, and noted he had recently sent
the Council letters regarding leaf burning, and a few years ago, had sent them information from a
study he had conducted of other communities which had imposed a ban on leaf burning. He said
he was in support of a total ban on leaf burning in Ames.
Nick Kennedy, 326 Westwood, said his cousin and he both have asthma, and he described how
difficult it is to breathe during an asthma attack. He described how the asthma medication made
him feel. He asked the Council to ban leaf burning in Ames.
Gary Munkvold, 1429 Burnett, said his wife and daughter were both asthma sufferers and he
4
wished to express his support for banning leaf burning. He said he felt the pollution caused by
leaf burning was offensive, and he was surprised a city of this size still allowed it to continue.
Motion by Wirth, Second by Campbell, to direct the City Attorney to prepare an
ordinance banning leaf burning in the City of Ames.
The Council Members discussed the Motion.
Vote on Motion: 5-1. Voting Aye: Campbell, Cross, Hoffman, Quirmbach, Wirth.
Voting Nay: Parks. Motion declared carried 5-1.
Motion by Quirmbach, Second by Parks, to direct Staff to investigate the possibilities of
having a consultant or local expert to measure the air quality in Ames and provide
information to Council regarding what appropriate air quality standards would be.
Vote on Motion: 2-4. Voting Aye: Parks, Quirmbach. Voting Nay: Campbell, Cross,
Hoffman, Wirth. Motion declared Failed 2-4.
SOMERSET SUBDIVISION: Planning & Housing Director Brian O’Connell reviewed the
Staff Report.
Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 98-16
approving amendment to Zoning Change Agreement for Somerset Subdivision.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 98-17 approving
revision to Conceptual Development Plan for Somerset Subdivision.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 98-18 approving
Planned Unit Development Plan for Somerset Subdivision Townhomes.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
STREET LIGHTING MATERIALS FOR ELECTRIC DEPARTMENT (SOMERSET
SUBDIVISION): Motion by Quirmbach, Second by Wirth, to report bids and delay award of
contract for Street Lighting Materials for the Electric Department (for use in Somerset
Subdivision).
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE TO ADOPT 1997 UNIFORM BUILDING CODE AS AMENDED: Building
Official Jeff Pearson noted the Building Code Board of Appeals had met at length a few years
ago to review and recommend the Council’s adoption of local amendments to the Uniform
Building Code. He said he wished to clarify that their recommendation was to adopt the 1997
UBC with those original local amendments intact plus one new local amendment regarding
stairways.
Motion by Wirth, Second by Hoffman, to direct City Attorney to prepare ordinance
amending Municipal Code to adopt 1997 Uniform Building Code as written with original
local amendments plus one additional local amendment regarding stairways.
Vote on Motion: 6-0. Motion declared carried unanimously.
GRANT AGREEMENT WITH IOWA DOT FOR FUNDING ELWOOD DRIVE BIKE
TRAIL, PHASE I: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 98-20
approving agreement with Iowa Department of Transportation for STP enhancement
funding of Elwood Drive Bike Trail, Phase I.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
5
and hereby made a portion of these minutes.
ASSESSMENT PROJECT TO EXTEND SANITARY SEWER TO SERVICE
PROPERTY WEST OF U.S. HWY. # 69 AT CRYSTAL STREET (FORD STREET
DEVELOPMENT): Motion by Campbell, Second by Cross, to direct Staff to develop a special
assessment project for construction of sanitary sewer extension to service property west
of U.S. Hwy. #69 at Crystal Street (Ford Street Development.)
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON 1997/98 SANITARY SEWER REHABILITATION PROGRAM NO. 1
(EAST LINCOLN WAY FRONTAGE ROAD SANITARY SEWER LINING): Mayor
Tedesco declared the public hearing open. There being no one present wishing to testify, the
public hearing was declared closed.
Motion by Quirmbach, Second by Parks, to adopt RESOLUTION NO. 98-21 approving
final plans and specifications and awarding contract to Municipal Pipe Tool Company,
Inc. of Hudson, Iowa in the amount of $62,872.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON VET MED 69 kV RELAY PANELS: Mayor Tedesco declared the public
hearing open. There being no one present wishing to testify, the public hearing was declared
closed.
Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 98-22 approving final
plans and specifications and awarding contract to Keystone Electrical Manufacturing
Company of Des Moines in the amount of $133,474.61.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE DESIGNATING "NO PARKING ANYTIME" IN VARIOUS NEW
SUBDIVISIONS: Motion by Hoffman, Second by Campbell, to pass on second reading an
ordinance designating "NO PARKING ANYTIME" areas in the Bloomington Heights
Subdivision (6th Addition), Wessex Subdivision, Hillside Subdivision (3rd Addition),
Bentwood Subdivision (2nd Addition), and Somerset Subdivision (2nd Addition).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON FRONTAGE ROADS:
Motion by Parks, Second by Hoffman, to pass on third reading and adopt ORDINANCE
NO. 3472 designating parking prohibitions on frontage roads (as amended on December
16, 1997).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
COMMENTS AND FUTURE AGENDA ITEMS: Coun. Hoffman said she wished to
welcome Council member Cross to the Council.
Motion by Hoffman, Second by Quirmbach, to place discussion of request for sidewalk
extension on west side of Garfield between Phoenix Street and Ross Road on future
agenda, as a consideration of approving or denying request to direct Staff to begin
assessment process.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Quirmbach noted the Council had received a letter dated December 19, 1997 from
residents regarding snow removal on a cul de sac on Indiana Avenue, and asked if that issue had
been resolved. City Manager Steve Schainker said two issues
were involved in that correspondence. He said the parking issue had been resolved. Public
Works Director Paul Wiegand said the intent was to ban parking on the west, and the No Parking
sign had been improperly placed but was now relocated. City Manager Schainker noted he had
6
asked that the parking tickets incurred be dismissed. Coun. Quirmbach said he would hope
yellow curbing could also be painted this spring to designate the prohibited parking area. Mr.
Wiegand said Staff had also checked on the snow removal issue and would attend to it.
Motion by Wirth, Second by Parks, to refer to Staff letter dated December 24, 1997 from
Essex Corporation regarding a request for a special assessment district for a new senior
living community on Calhoun Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Campbell noted Coun. Quirmbach and she were on the Mayor’s Veishea Taskforce. She
said the Taskforce had met yesterday, and three proposals were put forth, two of which would
require City ordinances.
Motion by Campbell, Second by Wirth, to place on the Council’s January 27 agenda
consideration of an ordinance defining and regulating nuisance parties.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Campbell, Second by Wirth, to place on the Council’s January 27 agenda
consideration of an ordinance relative to the duties of persons in control of the site of a
social gathering to prevent consumption of alcoholic beverages by underage persons.
City Attorney John Klaus explained that this proposed ordinance would put additional burden on
individuals hosting an underage party. When questioned by Coun. Parks, he said the cost of
violation would be $35 per occurrence. Coun. Parks said he would suggest the Council take
action to increase the amount of local penalty to $1,000 to make this ordinance more meaningful.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Campbell said the third issue was recommended by a majority of the Taskforce members
that the City Council ask the State Legislature to pass a law to empower local officials to have
selective suspension of liquor licenses.
Motion by Campbell, Second by Parks, to place on the Council’s January 27 agenda
discussion of proposal to request State law empowering local officials to selectively
suspend liquor licenses.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Parks said during the discussion of leaf burning, the question had been raised of whether
the City was obligated to provide an alternative to leaf burning. He said that could be said about
60% of the City’s ordinances and social programs. He said the Council’s previous action to limit
the burning to specific months was in effect a partial ban, and was one of the alternatives
considered at that time. He said if the City had a viable alternative to leaf burning, he felt the
majority of Council members would be supportive of a ban on burning.
Coun. Parks said he’d received a call from a resident of Spring Valley that a visitor had received
a significant amount of parking tickets, and it appeared the curb was painted yellow for quite
some distance. He asked Staff to look into the matter to see if other parking related alternatives
were possible. There was discussion regarding whether the street in question was Idaho or
Oklahoma, and it was determined Staff would look into the matter and report back to Council.
Motion by Quirmbach, Second by Wirth, to refer to Staff letter dated January 5, 1998
from ISU Research Park Corporation regarding amendment to Developer’s Agreement
for Phase II of the Park regarding paving assessments for Elwood Drive.
Vote on Motion: 4-0-2. Voting Aye: Campbell, Hoffman, Quirmbach, Wirth. Voting
Nay: None. Abstention: Cross, Parks. Motion declared carried 4-0-2.
Coun. Quirmbach said he wished to congratulate Mayor Tedesco, Coun. Cross, and Couns.
Campbell and Wirth on their elections and re-elections. He said he felt it was important to have
a mix of experience and new insight on the Council.
7
Coun. Tedesco noted the Council had received a letter from the attorneys representing Target
regarding expansion of the urban revitalization district. Planning and Housing Director Brian
O’Connell said Staff recommended no action be taken on the request until the landowner has
provided proof of land ownership.
Motion by Quirmbach, Second by Cross, to direct Staff to provide Council with material
regarding what other communities do to deal with leaf disposal.
Coun. Campbell suggested this not involve a lot of research, but rather the results of simple
phone calls to a few other communities.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: The Regular meeting adjourned at 9:20 p.m.
Sandra L. Ryan, City Clerk Ted Tedesco, Mayor
8