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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/12/1998MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 12, 1998 The Ames City Council met in regular session at 7:00 p.m. on the 12th day of March, 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, Parks, Quirmbach, and Wirth. CALL TO ORDER: 7:00 p.m. PRESENTATION TO BILL FENNELLY AND ISU WOMEN’S BASKETBALL TEAM MEMBERS: Coach Fennelly and several members of the ISU Women’s Basketball Team were introduced, as well as Athletic Director Gene Smith and his wife, Sheila. Coach Fennelly was presented with Farwell Brown’s book and team members each received an Ames lapel pin. Mayor Tedesco complimented the team on their accomplishments and, on behalf of the Council and all Ames citizens, wished them good luck in the NCAA tournament. PROCLAMATION TO 1998 RECIPIENT OF HORACE STEELE CHILD ADVOCACY AWARD: Mayor Tedesco read a proclamation acknowledging The Honorable John Foreman as a recipient of this award, said award being simultaneously received in Phoenix, Arizona. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) DISTINGUISHED BUDGET AWARD: Mayor Tedesco presented the City’s Budget Officer, Carol Collings, with the GFOA Distinguished Budget Award. The City’s Finance Department has received this award for the twelfth consecutive year. Carol thanked all City employees who participated in the budget process. CONSENT AGENDA: Mayor Tedesco asked the Council to note that the February 24, 1998, Council minutes had been revised. The changes were highlighted. Moved by Wirth, seconded by Hoffman, to approve the following items on the Consent Agenda: 1. Motion to approve payment of claims 2. Motion to approve the minutes of the special meetings of February 13, 17, 18, and 19, 1998, and of the budget wrap-up/regular meeting of February 24, 1998 3. Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Beer - Casey’s General Store, 428 Lincoln Way b. Class C Liquor - Applebee’s, 105 Chestnut c. Class C Liquor - Cafe Beaudelaire, 2504 Lincoln Way d. Class C Liquor/Outdoor Service Area - Lost & Found, Cy’s Roost & Don’s Deli, 121 Welch e. Class A Liquor - Elk’s Lodge, 522 Douglas f. Class E Beer - Cyclone Liquors, 626 Lincoln Way g. Class C Beer - Swift Stop #4, 1118 South Duff 4. RESOLUTION NO. 98-82 approving revision to human services contract for Center for Creative Justice 5. RESOLUTION NO. 98-83 approving arts services contract for ACTORS 6. RESOLUTION NO. 98-84 approving assignment of Vantage ground lease to Small Business Administration 7. RESOLUTION NO. 98-85 approving preliminary plans and specifications for 1998-99 Sidewalk Safety Program; setting April 8, 1998, as bid due date and April 14, 1998, as date of public hearing and award of contract 8. RESOLUTION NO. 98-86 approving preliminary plans and specifications for 1998-99 Storm Sewer Intake Rehabilitation Program; setting April 8, 1998, as bid due date and April 14, 1998, as date of public hearing and award of contract 9. RESOLUTION NO. 98-87 approving preliminary plans and specifications for South Duff Paving Project; setting April 1, 1998, as bid due date and April 14, 1998, as date of public hearing and award of contract 10. RESOLUTION NO. 98-88 approving preliminary plans and specifications for Elwood Drive Trail- Phase I; setting June 1, 1998, as bid due date and June 9, 1998, as date of public hearing and award of contract 11. RESOLUTION NO. 98-89 accepting bids and awarding contract for Mowing and Trimming Services for Cemetery Grounds 12. RESOLUTION NO. 98-90 accepting bids and awarding contract for purchase of Class 8 Tandem- Axle Truck Chassis 13. RESOLUTION NO. 98-91 approving contract and bond for 1997-98 Storm Sewer Intake Rehabilitation Program 14. RESOLUTION NO. 98-92 approving contract and bond for 1996-97 Arterial Street Rehabilitation Project 15. RESOLUTION NO. 98-93 approving creation of ad hoc City/School District Liaison Committee and membership appointments 16. RESOLUTION NO. 98-94 approving intergovernmental agreement for development of design standards and standard construction specifications 17. RESOLUTION NO. 98-95 approving request to subordinate second mortgage lien for property located at 5430 Frost Drive in connection with the City’s Phase III CDBG Existing Affordable Housing Program 18. RESOLUTION NO. 98-96 approving release of contract and lien for property located at 5419 Schubert Street in connection with the City’s Phase III Affordable Housing Program in Bentwood Subdivision. 19. RESOLUTION NO. 98-97 amending Personnel Policies and Procedures related to equal employment opportunity. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Holly Fuchs, 806 Brookridge, indicated that she heard there was to be a third passenger train route through Iowa, but that plans to have it go through Ames is being opposed by Union Pacific. She believes that a passenger train route through Ames should be encouraged. PUBLIC HEARING ON THE 1998-99 BUDGET: Moved by Campbell, seconded by Cross, to approve RESOLUTION NO. 98-98 adopting the Municipal Budget for FY 1998-99. Mayor Tedesco declared the hearing open. Merlin Pfannkuch, 1424 Kellogg, expressed disappointment in the budget and was concerned that the Council and/or City staff had not addressed his concerns about such issues as economic incentives, urban revitalization, industrial tax abatement, foregoing property tax, and the assessment of same. He also wanted a closer examination of the use of local option sales taxes, and he was concerned that a portion of the Housing Coordinator’s salary was being taken from these taxes. He suggested the base salary of the Mayor and Council be tied to the City Manager’s salary and that the Council needs to pay themselves more. 2 Mayor Tedesco responded that the City Assessor’s report at the last Conference Board meeting of February 24, 1998, addressed the issues that Mr. Pfannkuch raised about economic incentives, etc. Regarding the Mayor and Council salaries, Mayor Tedesco pointed out that in a strong City Manager/Mayor/Council form of government, the responsibilities of running the City were given to the City Manager. City Manager Steve Schainker spoke about his justification for taking salary monies from Local Option Sales Tax funds to pay the Housing Coordinator, stating that he considered affordable housing as a “community betterment”--which Local Option Sales Taxes fund. Other human service agencies are funded out of Local Options Sales tax and agency salaries are paid from these funds. Mayor Tedesco referred a letter from Sam Pritchard to the City Manager for response. There being no one else wishing to speak, Mayor Tedesco declared the hearing closed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CLASS C BEER PERMIT FOR SWIFT SHOP #5, 3218 ORION STREET: Moved by Hoffman, seconded by Cross, to approve a Class C beer permit for Swift Shop #5 located at 3218 Orion Street. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR SIGN AT 417 DOUGLAS (MADELINE’S): Moved by Wirth, seconded by Parks, to approve a request for an encroachment permit to allow a sign at 417 Douglas Avenue (Madeline’s). Vote on Motion: 6-0. Motion declared carried unanimously. TARGET DEVELOPMENT: This item was removed from the agenda. TRICKLE & STEPHAN SUBDIVISION CDP: Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 98-99 approving a Conceptual Development Plan for property located northeast of intersection of U.S. Highway 30 and Dayton Road. In response to Councilman Quirmbach’s questions on flood plain issues for this area, Planning & Housing Director Brian O’Connell gave an overview of the City’s flood plain program describing the differences between floodway “plain” and floodway “fringe” management principles. A map graphic showed the proposed site, which is in the floodway fringe. Approximately seven feet of fill will be added to allow the building to occur, but this fill will not significantly impact flood levels in the area. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO P-C PLAN FOR NORTHERN LIGHTS CENTER: Moved by Campbell,seconded by Hoffman, to adopt RESOLUTION NO. 98-100 approving an amendment to the P-C Plan for Northern Lights Center in order to make a design change for the project’s commercial development sign. 3 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDED P-I PLAN FOR 3100 SOUTH RIVERSIDE DRIVE (VISIONAIRE): Moved by Wirth, seconded by Parks, to adopt RESOLUTION NO. 98-101 approving an amendment to the P-I Plan for property located at 3100 South Riverside Drive to allow for a monument sign and four building signs with the following stipulations: that the tenant obtain a ground lease from the City for the land on which the monument sign is placed; and, that the applicant submit a landscape plan for review and approval by City Staff prior to the issuance of a sign permit. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. P-C PLAN FOR GATEWAY CENTER-HOLIDAY INN: Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-102 approving an amended P-C Plan for Gateway Center-Holiday Inn at 2100 Greenhills Drive to allow Staff to administratively approve site changes for the hotel property with the exception of changes to commercial signs and approval of a landscape plan for the lot north of Greenhills Drive. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. THUMB’S, 2814-2816 WEST STREET: Moved by Wirth, seconded by Quirmbach, to adopt a RESOLUTION approving a P-C Plan to allow for an Outdoor Service Area at Thumb’s, 2814- 2816 West Street. Notices had been sent to adjacent property owners within 200 feet of the premises, and no objections had been received regarding the Outdoor Service Area. Council Member Campbell said she was concerned that this was in close proximity to residential dwellings. Moved by Parks, seconded by Quirmbach, to table this issue until March 24, 1998, in order to allow Staff time to research potential restrictions on hours of serving and the possibility of approving the application on a trial basis. Vote on Motion: 6-0. Motion declared carried unanimously. HIGH SCHOOL TENNIS COURTS: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-103 authorizing the City to enter into a development agreement with the Ames School District to construct an eight-court tennis complex to be located at Ames Senior High School. Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-104 authorizing the City to enter into a joint use agreement with the Ames School District to construct an eight-court tennis complex to be located at Ames Senior High School. Moved by Parks, seconded by Wirth, to amend the joint use agreement by indicating that the parking restrictions placed upon the six spaces reserved for those using the tennis courts shall be from April through November. Vote on Amendment: 6-0. Motion declared carried unanimously. Roll Call Vote as amended: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 4 DISC GOLF COURSE: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 98-105 authorizing the naming of the disc golf course as the “Carroll Marty Disc Golf Course.” Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SAUER-SUNDSTRAND COMPANY: Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 98-106 approving an Economic Development Set Aside Revolving Loan Fund application in the amount of $50,000 for Sauer-Sundstrand Company. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 98-107 approving an Economic Development Set Aside Revolving Loan Fund contract between the City of Ames and Sauer-Sundstrand Company. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 98-108 approving participation in a $50,000 Community Investment Fund Forgivable Loan contingent upon participation by the Ames Seed Capital Fund. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ALLOWING EUORAB MEMBERS’ REAPPOINTMENT: Moved by Parks, seconded by Cross, to pass on second reading an ordinance amending the Electric Utility Operations Review and Advisory Board (EUORAB) members’ terms to allow for reappointment. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3476 amending the Electric Utility Operations Review and Advisory Board (EUORAB) members’ terms to allow for reappointment. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY EAST OF SO. DUFF (TARGET): Moved by Wirth, seconded by Parks, to pass on second reading an ordinance rezoning property east of South Duff Avenue between Southeast 3rd Street and Southeast 5th Street from G-I (General Industrial) to G-C (General Commercial). Roll Call Vote: 6-0. Motion declared carried unanimously. LEAF BURNING ORDINANCE: Moved by Wirth, seconded by Hoffman, to pass on third reading and adopt ORDINANCE banning leaf burning within the City of Ames. 5 Mayor Tedesco indicated that he would not veto the ordinance, but since the leaf collection program would not be in effect until fall, he would not sign this ordinance until the end of a 30- day period. Council Member Quirmbach felt it would be best to delay implementation of the burning ban after April. Moved by Quirmbach, seconded by Parks, to table the third reading and passage of the leaf burning ban ordinance until April 28, 1998. Vote on Motion: 4-3. Voting Aye: Cross, Parks, Quirmbach. Voting Nay: Campbell, Hoffman, Wirth. Mayor Tedesco voted aye to break the tie. Motion carried. 1997 UNIFORM BUILDING CODE/STAIRWAYS ORDINANCE: Moved by Parks, seconded by Quirmbach, to pass on third reading and adopt ORDINANCE NO. 3477 amending the Municipal Code to adopt the 1997 Uniform Building Code with local amendments pertaining to stairways. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Hoffman, seconded by Campbell, to place on the March 24 agenda a request from the Ames Main Street District to suspend parking regulations for an event to be held April 4, 1998. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Hoffman, seconded by Campbell, to refer to Staff a request from Dover Drive residents for asphalt pavement of their street. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Cross questioned Staff about a “siding issue” letter received from Mr. Songer who resides in the Historic Preservation District. Amendments to the City’s local ordinance have been submitted to the State for approval. Moved by Wirth, seconded by Quirmbach, to place on the March 24 agenda a request from the Ames Children’s Choir for funding to travel to Frydek-Mistek, Czech Republic. Assistant City Manager Bob Kindred said that this request had been conveyed to the Ames International Partner Cities Association. The association was willing to participate and appointed a sub-committee to research this and report back to Council at the first meeting in April. Council Member Wirth withdrew the motion. Moved by Wirth, seconded by Quirmbach, to place on the April 14 agenda a request from the Ames Children’s Choir for funding to travel to Frydek-Mistek, Czech Republic. Discussion took place regarding whether this request was in the Council’s purview to respond to since it had earlier been referred to the Partner Cities Association. 6 Mayor Tedesco ruled the motion out of order. Council Member Quirmbach raised the point of order. Moved by Quirmbach, seconded by Wirth, to appeal the decision of the Chair. Vote on Motion: 2-4. Voting Aye: Wirth, Quirmbach. Voting Nay: Campbell, Cross, Hoffman, Parks. Motion failed. Council Member Wirth had received a communication from Harold Pike regarding parking lot rehabilitation on North Sherman Avenue. This issue will be discussed at the March 24 meeting. Council Member Parks complimented the City’s snow removal efforts due to the recent blizzard. Mayor Tedesco indicated that some of Council members, the City Manager, and he recently returned from the National League of Cities Conference in Washington, DC. He announced the return of the Mayor’s Bike Ride which will be held on May 2. ADJOURNMENT: The meeting adjourned at 8:35 p.m. ___________________________________ ____________________________________ Jill Ripperger, Acting City Clerk Ted Tedesco, Mayor 7