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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 02/10/1998MINUTES OF THE REGULAR MEETING OF THE AMES CONFERENCE BOARD CITY OF AMES, IOWA FEBRUARY 10, 1998 The Ames City Council met with the Ames School Board and the Story County Board of Supervisors as the Ames Conference Board at 6:30 p.m., followed by a regular City Council meeting, on the 10th day of February, 1998, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Chairperson Ted Tedesco presiding and the following members present: City Council: Campbell, Cross, Hoffman, Parks, Quirmbach, Wirth. Ames School Board: Bastiaans, Davis. Story County Board of Supervisors: Halliburton, Mathison, Whitmer. CALL TO ORDER: 6:30 p.m. APPROVAL OF MINUTES: Motion by Mathison, Second by Bastiaans, to approve Minutes of February 25, 1997 Conference Board Meeting. Vote on Motion: 3-0. Motion declared carried unanimously. AMENDMENT FOR FY 97-98 BUDGET FOR AMES CITY ASSESSOR’S OFFICE: Ames City Assessor Richard Horn reviewed the document entitled “Ames City Assessor’s Budget Proposal for the 98/99 Fiscal Year,” noting current fiscal year expenditures would exceed originally budgeted amounts due to expenses to defend the values appealed to district court and a personnel issue involving an extended period of disability for a former employee. He said he was proposing an amendment to the FY 97/98 budget by increasing the line item for Staff & Deputy salaries by $9,000 and the Assessment Appeal line item by $6,000, a total of $15,000, to be funded by existing balances. He said it was proposed that a public hearing on that amendment be held on February 24th at the same meeting as the FY 98/99 budget hearing. Motion by Wirth, Second by Bastiaans, to receive the proposed amendment for the current FY 97/98 budget for the Ames City Assessor’s Office by increasing total authorized expenditures for FY 97/98 from $486,539 to $501,539 for unanticipated Staff & Deputy salary line item increases and Assessment Appeal line item increases as outlined by the City Assessor, and to set 6:30 p.m. on February 24, 1998 as date of public hearing on the amendment. Vote on Motion: 3-0. Motion declared carried unanimously. DISCUSSION OF PROPOSED FY 98-99 BUDGET FOR AMES CITY ASSESSOR’S OFFICE: Mr. Horn reviewed highlights of the FY 98/99 budget proposal for the City Assessor’s Office as contained in the above-mentioned document. There was discussion regarding the impact of the phase-out of the M&E tax, how to monitor that impact, and whether the State would reimburse local governments for those amounts. Mayor Tedesco noted the State Code allows for cities over a population of 10,000 to establish a City Assessor, but it is unclear as to whether the Assessor and his/her employees are employees of the City or of the County in which they serve. He said in the Ames situation, the Assessor is paid by the County, yet is a member of the City of Ames’ group health insurance plan. He said he felt it was important to establish whose employee the Assessor actually is, in the event of liability suits that may result from actions of the Assessor’s Office. Supervisor Whitmer said the Mini-Board has discussed this issue, and has concluded it would be prudent 1 to study it for one year. He agreed there were a number of incongruities, but said the Mini- Board felt there was a need to retain the autonomy of the Assessor’s Office. He said however, a number of issues such as insurance need to be evaluated and resolved. Mayor Tedesco said he would ask that the Mini-Board meet again to consider this issue, hopefully before the next Conference Board meeting of 2/24/98. He said he would also hope that later on in this evening’s regular Council meeting, the Council would direct the City Attorney to provide a legal opinion regarding this relationship and provide some options. Coun. Parks asked whether it was known how other cities dealt with this issue. Mr. Horn said after the Mini-Board meeting, he had contacted the 8 other Iowa cities that have City Assessors, and had received a variety of responses thus far. Motion by Campbell, Second by Whitmer, to direct the Mini-Board to meet again prior to the February 24, 1998 Conference Board meeting, and to provide a report at that meeting regarding options to resolve incongruities concerning each jurisdiction’s responsibilities toward the City Assessor’s Office. Vote on Motion: 3-0. Motion declared carried unanimously. Motion by Hoffman, Second by Halliburton to receive proposed FY 98/99 budget for the City Assessor’s Office. Vote on Motion: 3-0. Motion declared carried unanimously. Motion by Hoffman, Second by Halliburton, to set 6:30 p.m. on February 24, 1998 as date of public hearing on proposed FY 98-99 City Assessor’s Budget. Vote on Motion: 3-0. Motion declared carried unanimously. ADJOURNMENT: Motion by Campbell, Second by Halliburton, to adjourn the meeting at 6:50 p.m. Vote on Motion: 3-0. Motion declared carried unanimously. REGULAR MEETING OF THE AMES CITY COUNCIL CALL TO ORDER: Mayor Tedesco called the Regular Council meeting to order at 7:00 p.m. PROCLAMATION FOR “DISTRIBUTIVE EDUCATION CLUBS OF AMERICA WEEK”: Mayor Tedesco read a proclamation designating February 8-14, 1998 as “Distributive Education Clubs of America Week.” Robert Nelton, President of Delta Epsilon Chi and member of the DMACC Management Chapter was present to accept the proclamation. Mr. Nelton explained that Delta Epsilon Chi is the collegian level of DECCA, with three chapters at DMACC. PROCLAMATION FOR “PREVENT A LITTER MONTH”: Mayor Tedesco read a proclamation designating February 1998 as “Prevent a Litter Month.” Ames Animal Shelter Director Lorna Lavender was present to accept the proclamation. RECOGNITION OF CHIEF BALLANTINE AS RECIPIENT OF DIVERSITY AWARD: Mayor Tedesco said Police Chief Dennis Ballantine received an award at the recent Freedom Fund Banquet sponsored by the NAACP for his work in promoting diversity in law enforcement and 2 within the community. Chief Ballantine said his work was part of a larger effort on the part of the entire City organization that is dedicated to promoting diversity within the City of Ames. RECOGNITION OF COUNCIL MEMBER CAMPBELL AS RECIPIENT OF COMMUNITY SERVICE AWARD: Mayor Tedesco recognized Council Member Ann Campbell as the recipient of the “KASI 1997 Outstanding Community Service” award presented by the Ames Broadcasting Company at the Ames Chamber of Commerce annual dinner. Mayor Tedesco said he felt it was important to recognize Staff, elected officials in positions of leadership, and volunteers who participate and care about the community, as part of what he called “Ames Aiming for Excellence.” PRESENTATION OF HUMAN RELATIONS COMMISSION ANNUAL REPORT: Human Relations Commission Member Arnita Colbert and Assistant to the City Manager Sheila Lundt reviewed past year accomplishments of the Ames Human Relations Commission, as contained in the Commission Annual Report. CONSENT AGENDA: Mayor Tedesco noted the Minutes of the Regular Meeting of January 27, 1998 had been pulled from the agenda by Staff, and were placed around the dais for Council’s consideration and approval at the February 13, 1998 Budget Overview meeting. Coun. Cross said he wished to remove Item 13 from the Consent Agenda. Motion by Hoffman, Second by Parks, to approve the following items on the Consent Agenda, removing Item 13 for separate consideration: 1. Motion to approve payment of claims 2. Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Beer - Kwik Shop #540, 2700 Lincoln Way b. Class C Liquor - New Tradewinds Lounge, 115 5th Street 3. Motion approving certification of Civil Service applicants 4. Motion accepting 1997 Resource Recovery Annual Report 5. RESOLUTION NO. 98-39 approving farm lease for Airport property for 1998 6. RESOLUTION NO. 98-40 accepting completion of 1997/98 Sidewalk Safety Program 7. RESOLUTION NO. 98-41 accepting bids and awarding contract for Hauling and Related Services for Resource Recovery Plant to Boone County Landfill 8. RESOLUTION NO. 98-42 approving preliminary plans and specifications for Grand Avenue Landscape/Planting Project; setting March 11, 1998 as bid due date and March 24, 1998 as date of hearing and award of contract 9. RESOLUTION NO. 98-43 accepting completion of certain improvements in the following subdivisions and locations: Southwood 2nd Addition; Hillside 2nd and 3rd Additions; Northridge 13, 14, and 15th Additions; Gateway Green Hills Phase II; Country Gables 9th Addition; Suncrest Subdivision; Bentwood 2nd Addition; Bloomington Heights 5th and 6th Additions; Cochranes 2nd Addition, Lot 2; Ames Community Industrial Park, 2nd Addition; Southern Hills, 1st Addition 10. RESOLUTION NO. 98-44 approving contract and bond for 1997/98 Annual Sanitary Sewer Rehabilitation Project No. 1 (East Lincoln Way Frontage Road Sanitary Sewer Lining) 11. RESOLUTION NO. 98-45 approving contract and bond for Vet Med Substation Addition 69 kV Relay Panels 12. RESOLUTION NO. 98-46 approving Annual Contributions Contracts (ACC) with HUD for City’s Section 8 Existing Housing Program Project # 1A089CE00011 3 13a. Resolution approving assignment of Vantage Enterprises ground lease to Iowa Business Growth Company (Removed for Separate Consideration; See Action at the End of this Section) 13b.Motion to refer to Staff request to include additional signage area in Vantage Enterprises ground lease (Removed for Separate Consideration; See Action at the End of this Section) 15. RESOLUTION NO. 98-48 approving request to subordinate City’s second mortgage lien for the property located at 5429 Norris in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision 16. RESOLUTION NO. 98-49 approving 9-year intergovernmental agreement forming the Emergency Management Commission Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: Motion by Campbell, Second by Parks, to adopt RESOLUTION NO. 98-47 approving assignment of Vantage Enterprises ground lease to Iowa Business Growth Company. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: None. Abstention: Cross. Resolution declared adopted 5-0-1. Motion by Campbell, Second by Parks, to refer to Staff request to include additional signage area in Vantage Enterprises ground lease. Vote on Motion: 5-0-1. Motion declared carried 5-0-1. PUBLIC FORUM: No one came forward to speak at this time. NEW CLASS SPECIAL CLASS C LIQUOR LICENSE FOR BANGKOK BAR & GRILL: Motion by Hoffman, Second by Cross, to approve request for new Special Class C Liquor License for Bangkok Bar & Grill, 223 Welch Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC HEARING ON ORDINANCE AMENDING CODE TO ADOPT 1997 UNIFORM BUILDING CODE WITH LOCAL AMENDMENT REGARDING STAIRWAYS: Mayor Tedesco declared the public hearing open. Building Official Jeff Pearson noted the proposed ordinance would adopt the 1997 Uniform Building Code with all local amendments made over the last 3 years as well as one additional amendment regarding stairways. He said the 1997 UBC would be less restrictive than in the past, and would be more “common sense-oriented” and easier for experts to work with. There being no one present wishing to speak further, the public hearing was declared closed. Motion by Cross, Second by Parks, to pass on first reading an ordinance amending the Municipal Code to adopt 1997 Uniform Building Code with local amendment regarding stairways. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC HEARING ON 1997/98 SANITARY SEWER REHABILITATION PROGRAM NO. 2 (CENTRAL BUSINESS DISTRICT/CAMPUSTOWN MANHOLE REHABILITATION): Mayor Tedesco declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. 4 Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 98-50 approving final plans and specifications and awarding contract to Ames Trenching & Excavating, Inc., in the amount of $86,730. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC HEARING ON 1997/98 STORM SEWER INTAKE RECONSTRUCTION PROGRAM: Mayor Tedesco declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 98-51 approving final plans and specifications and awarding contract to Manatt’s, Inc., in amount of $57,750.00. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: None. Abstention: Cross. Resolution declared adopted 5-0-1, signed by the Mayor, and hereby made a portion of these minutes. NEW JOBS AND INCOME PROGRAM APPLICATION ON BEHALF OF SAUER- SUNDSTRAND COMPANY: Economic Development Coordinator Mark Reinig reviewed this application for Sauer-Sundstrand, noting the company planned to create 50 new positions over a 5- year period, with an investment of $11,600,000 over the same time period. He said the proposal included the City allowing a 5-year tax abatement, the City’s usual Industrial tax abatement period, to the company. Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 98-52 approving new Jobs and Income Program application on behalf of Sauer-Sundstrand Company. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: None. Abstention: Cross. Resolution declared adopted 5-0-1, signed by the Mayor, and hereby made a portion of these minutes. AMENDED PLANNED-COMMERCIAL PLAN FOR NORTHERN LIGHTS CENTER, LOCATED NORTH OF WHEELER AND EAST OF ROY KEY AVENUE: Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 98-53 approving amended Planned- Commercial Plan for Northern Lights Center, located North of Wheeler and East of Roy Key Avenue. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONCEPTUAL DEVELOPMENT PLAN FOR AMES COMMUNITY INDUSTRIAL PARK, 3RD ADDITION: Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 98-54 approving Conceptual Development Plan for Ames Community Industrial Park, 3rd Addition, with stipulations. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RISE GRANT AGREEMENT FOR AMES COMMUNITY INDUSTRIAL PARK, PHASE II: Motion by Campbell, Second by Parks, to adopt RESOLUTION NO. 98-55 approving RISE grant agreement for Phase II of Ames Community Industrial Park. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 5 AGREEMENT WITH METRO WASTE AGENCY FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE: Public Works Director Paul Wiegand reviewed how while the City has held Toxic Clean-up Days in the past, it has received numerous phone calls from citizens concerned with how to properly dispose of paint and other hazardous wastes in between those designated days. He described the proposal for a mobile hazardous waste disposal program with Metro Waste Agency. He said for the first year, it was proposed to have collections in Roland and in Colo, to get the program out to other communities as well as Ames. Mayor Tedesco noted while proposed dates for 1998 collection were tentative at this time, the following dates were currently under consideration: May 6, May 7, June 3, June 4, June 5, June 6 -- Ames; June 25, Colo; June 27, Roland; August 7 and 8, Ames; September 30, Colo; October 1, Roland; and October 3, Ames. He said once collection dates were confirmed, they would be published several different times and ways for public information. Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 98-56 approving agreement with Metro Waste Agency for disposal of Household Hazardous Waste. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR LIME SLUDGE LAGOON IMPROVEMENT PROJECT: Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 98-57 approving Change Order No. 1 in amount of $61,060 for Lime Sludge Lagoon Improvement Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PREVENTING CONSUMPTION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS AT PARTIES: Motion by Campbell, Second by Wirth, to pass on second reading an ordinance amending the Municipal Code to enact a new Section 17.32 preventing the consumption of alcoholic beverages by underage persons at parties. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING CODE PERTAINING TO DEFINITION AND REGULATION OF NUISANCE PARTIES: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance amending the Municipal Code to enact new Section 17.30 pertaining to the definition and regulation of nuisance parties, as amended at January 27, 1998 meeting. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS AND FUTURE AGENDA ITEMS: Coun. Hoffman noted the Council had received letters from the JayCees and from the Public Art Policy and Acquisitions Commission requesting funding, and there appeared to be consensus that it would be appropriate to consider these requests during the February 24 “Budget Wrap-Up” meeting. When Coun. Cross asked whether Staff needed further direction from Council regarding the issue of jurisdiction over the City Assessor’s Office as discussed during this evening’s Conference Board meeting, City Attorney John Klaus said the Mini-Board is not the City Council nor the City. He said the Municipal Code states that the City Attorney renders legal opinions to the City Council and to City Department Heads, and therefore it would be appropriate for the Council to direct him to work with the Mini-Board on this issue. 6 Motion by Parks, Second by Cross, to direct the City Attorney to work with the Mini-Board regarding legal options concerning responsibilities of the three individual agencies comprising the Conference Board toward the City Assessor’s Office. Vote on Motion: 3-0. Motion declared carried unanimously. Coun. Wirth noted she had asked that a letter she received from Juan Foegen, dated January 23, 1998 regarding traffic in the Jewel Drive and South Duff area be distributed to other Council members. Motion by Wirth, Second by Hoffman, to refer the following requests to Staff for a report back at a future Council Meeting: 1) installation of a stop sign at Crystal and Opal Drive; 2) reduction of speed on South Duff; 3) installation of a signal light on South Duff at either the Jewel Drive or Crystal area; and 4) that the traffic in this area continue to be monitored, for a follow-up report to be presented to Council in 6 months. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Wirth, to place on February 24 agenda a request from VEISHEA Risk Management Committee regarding support in the amount of $250 for funding alcohol-free events during VEISHEA. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Tedesco noted the Council members had received an invitation to the Iowa League of Cities’ March 4 “Legislative Day,” and said they could register for the event by calling the City Clerk’s Office. He said he would be attending the event and encouraged Council members to attend as well. Mayor Tedesco noted during the Council’s February 7, 1998 goal-setting session with Tim Shields, there had been agreement that it would be beneficial to hold a Council worksession on Boards & Commissions, and he asked when the Council would like to schedule that worksession. There appeared to be consensus that the proposed worksession should be scheduled after the upcoming budget sessions, and that meetings on the revised zoning ordinance and subdivision regulations, and on the Downtown improvements, should take priority in scheduling at this time. Mayor Tedesco said he would request that the City Clerk provide him with a listing of “free Tuesdays” for this scheduling. CLOSED SESSION: Motion by Campbell, Second by Quirmbach, to hold Closed Session as provided by Section 20.17(3) Code of Iowa 1997, to discuss collective bargaining. Roll Call Vote: 6-0. Motion declared carried unanimously. The Closed Session began at 7:45 p.m. RECONVENE: The Regular Meeting reconvened at 7:59 p.m. Motion by Cross, Second by Hoffman, to adopt RESOLUTION NO. 98-58 ratifying agreement with IUOE Local 234 (Blue Collar Unit). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADJOURNMENT: The Regular meeting adjourned at 8:01 p.m. 7 Sandra L. Ryan, City Clerk Ted Tedesco, Mayor 8