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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/14/1998MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 14, 1998 The Ames City Council met in regular session at 7:00 p.m. on the 14th day of April, 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 OF AWARDS OF COMMENDATION: Mayor Tedesco presented Police Officers Ed Morton and Allan Lavender with Awards of Commendation for their efforts in saving a baby’s life. PROCLAMATION FOR SEXUAL ASSAULT AWARENESS WEEK: Mayor Tedesco proclaimed April 12-18, 1998, as Sexual Assault Awareness Week. Tonia Bouska was present to accept the proclamation. PRESENTATION FOR TREE CITY USA AWARD: Matt Pepper, representative for the City of Ames, and Bill LaGrange, Chairman of the Ames Beautification Committee, were present for an award for the City’s 14th consecutive Tree City USA Award. Mr. LaGrange invited the public to attend Arbor Day’s tree-planting at the Youth Sports Complex, which will be held April 23. CONSENT AGENDA: Item 15 was pulled from the Consent Agenda for separate consideration. Moved by Parks, 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 regular meeting of March 24, 1998, and of the special meetings of March 31, 1998, and April 7, 1998 3. Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Liquor - Winston’s/Tazzle’s, 124-126 Welch Avenue 4. Motion to approve certification of Civil Service applicants 5. Motion to reject bids for tandem-axle truck chassis and telescoping crane, and to authorize Staff to solicit informal offers for suitable used units 6. RESOLUTION NO. 98-138 approving and adopting Supplement No. 11 to the Ames Municipal Code 7. RESOLUTION NO. 98-139 accepting Abstract of Votes for March 31, 1998, Special Municipal Election 8. RESOLUTION NO. 98-140 approving Council member appointments to various boards 9. RESOLUTION NO. 98-141 approving 1998-2003 Street Construction Program Report RESOLUTION NO. 98-142 approving CIRTPA’s proposed FY 1999 United Planning Work Program 10. RESOLUTION NO. 98-143 approving City-wide Records Retention Policy 11. RESOLUTION NO. 98-144 approving contract with VEISHEA Risk Management Committee regarding Mocktail Parties 12. RESOLUTION NO. 98-146 approving final plat for Bentwood Subdivision, Third Addition 13. RESOLUTION NO. 98-147 awarding contract for purchase of hydraulic backhoe accessories to Contractors Machinery, Inc., in the amount of $24,035, and rejecting the trade-in offer 14. RESOLUTION NO. 98-148 awarding contracts for purchase of chassis and ramp-accessible mini-van body conversion for Cy-Ride subject to IDOT concurrence 15. RESOLUTION NO. 98-149 approving preliminary plans and specifications for 1998-99 Cy- Ride Reconstruction Project; setting May 6, 1998, as bid due date and May 12, 1998, as date of public hearing and award of contract 16. RESOLUTION NO. 98-150 approving preliminary plans and specifications for Ames Community Industrial Park; setting May 6, 1998, as bid due date and May 12, 1998, as date of public hearing and award of contract 17. RESOLUTION NO. 98-151 approving preliminary plans and specifications for 1998-99 Slurry Seal Program; setting May 5, 1998, as bid due date and May 12, 1998, as date of public hearing and award of contract 18. RESOLUTION NO. 98-152 approving preliminary plans and specifications for 1998-99 Seal Coat Reconstruction Project; setting May 5, 1998, as bid due date and May 12, 1998, as date of public hearing and award of contract 19. RESOLUTION NO. 98-153 approving preliminary plans and specifications for 1998-99 Joint Sealing Program; setting May 5, 1998, as bid due date and May 12, 1998, as date of public hearing and award of contract 20. RESOLUTION NO. 98-154 approving contract and bond for 1997-98 Water Service Transfer Program 21. RESOLUTION NO. 98-155 approving Change Order No. 2 for Lime Sludge Disposal/Land Reclamation Project - Segment 3 22. RESOLUTION NO. 98-156 approving subordination of second mortgage lien for property located at 5411 Norris Street in connection with Phase III Affordable Housing Program in Bentwood Subdivision 23. RESOLUTION NO. 98-157 approving subordination of second mortgage lien for property located at 5458 Frost Drive in connection with Phase III Affordable Housing Program in Bentwood Subdivision 24. RESOLUTION NO. 98-158 approving release of real estate mortgage for property located at 310 Ken Maril Road in connection with Phase I Affordable Housing Program 25. RESOLUTION NO. 98-159 approving release of real estate mortgage for property located at 306 Ken Maril Road in connection with Phase I Affordable Housing Program 26. RESOLUTION NO. 98-160 approving release of real estate mortgage for property located at 316 Ken Maril Road in connection with Phase I Affordable Housing Program 27. RESOLUTION NO. 98-161 approving execution of Housing Assistance Payments (HAP) renewal contract in connection with the City’s Section 8 Moderate Rehabilitation Program for 31 units located in the Sheldon Munn Apartments 28. RESOLUTION NO. 98-162 acknowledging resignation of City Clerk and approving severance pay 29. RESOLUTION NO. 98-163 appointing Temporary City Clerk Roll Call Vote: Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION - MAYOR’S BIKE RIDE: Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 98-145 approving 4th Annual Mayor’s Bike Ride activities including waiver of fees for traffic control and parking prohibitions needed on Ross Road and Garfield Avenue. Rich Fellingham, Executive Director of the Iowa Special Olympics, invited all to participate in the Mayor’s Bike Ride. He explained that the Iowa Special Olympics and the Iowa Games will be co-hosting the event on May 2 at 10 a.m. with the Ride beginning at Emma McCarthy Lee Park. 2 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one came forward to address the Council. BEER PERMIT FOR AMES SLOWPITCH SOFTBALL ASSOCIATION: Moved by Cross, seconded by Hoffman, to approve a Seasonal Class B Beer Permit and Outdoor Service Area Permit for Ames Slowpitch Softball Association, River Valley Park, East 13th Street. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM AMES YOUTH SPORTS COMPLEX: Moved by Quirmbach, seconded by Hoffman, to approve a request from the Ames Youth Sports Complex and allocate an additional $18,000 from the Local Options Sales Tax Fund balance to accomplish improvements to the access road, and to authorize the City to contract with Manatt’s, Inc., to perform the work associated with the project. It was noted that the Youth Sports Complex officials would be responsible for maintaining the road. Vote on Motion: 6-0. Motion declared carried unanimously. CAMPUSTOWN ART MURAL: Moved by Campbell, seconded by Quirmbach, to authorize an expenditure of an amount not exceeding $500 from the 1997-98 Public Art Policy and Acquisition Commission contingency account for the installation of a mural in Campustown by design students from Helser Hall. Dan Rice, Chairman of the Public Art Commission, reviewed the plan for the art mural, which will be installed along the northern wall of the T-Galaxy building. The ISU design students would enter into an agreement with the property and business owners for this project. Mr. Rice presented a visual representation of the final design of the mural. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM KEN’S CAFE FOR MOBILE FOOD VEHICLE IN CAMPUSTOWN: Moved by Campbell, seconded by Hoffman, to deny a request from Ken’s Cafe and Grill to park a canteen mobile food vehicle in the Campustown area in order to vend food. Ken Dunn, Ken’s Cafe and Grill, said that he was appealing the decision of the City Manager denying him a vending license to operate a mobile food truck in the Campustown area. He asked that he be allowed to park his truck in a public parking area to vend on a public street. Mr. Dunn intended to vend pre-packaged sushi out of the refrigerated truck. He would pay the meter and sell at curb-side, which would not inhibit traffic flow. He intended to move from spot to spot, and did not have a fixed location or “route” where he would be selling. The Council expressed several concerns regarding traffic safety, enforcement of the parking meter regulations, use of premium parking spaces in the Campustown area, as well as the lack of specificity as to locations and time periods of vending. Vote on Motion: 6-0. Motion declared carried unanimously. 3 BOONE COUNTY ZONING: Brian O’Connell, Director of Planning and Housing, explained that the Boone County Supervisors and the Boone County Zoning Commission had reactivated their efforts in the review and implementation of zoning regulations. It is the intent of the County to conduct a public hearing on the proposed zoning ordinance sometime within the next 40 to 60 days. Mr. O’Connell advised that the City Council give the Boone County officials time to complete their work. Once Boone County’s work is completed, City staff would review the proposed zoning ordinance and zoning map and make recommendations to the City Council. Moved by Parks, seconded by Cross, to table action regarding consideration of options establishing zoning authority in the City’s two-mile fringe area of Boone County until July 14, 1998. Vote on Motion: 6-0. Motion declared carried unanimously. FLOOD MITIGATION PROGRAM: City Manager Steve Schainker reminded the Council that after the two major floods occurring in Ames, there was an outcry for the City to take action to mitigate any future flooding. The City engaged outside consultants to look at options to mitigate future floods. It was found that the best use of funds would be to provide protection at individual property levels. Assistant City Manager Bob Kindred explained that five properties, four located along South Duff Avenue and one on East Lincoln Way, would receive protection with the construction of flood walls and backwater valves. The grant from the Iowa Emergency Management Division (IEMD) is a matching program of 75% federal and 25% local. The local match would be paid by the five business owners. Mr. Kindred further explained that IEMD has indicated that there was an excess of monies returned to the State by other communities, and these monies were now available for additional projects. The City would be submitting an application in order to be eligible for the funds. He indicated that the Council was also being asked to amend the local Flood Mitigation Grant Program to assist businesses that have made improvements since 1993. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 98-164 approving the contract with the Iowa Emergency Management Division for $117,090 grant for the Ames Flood Wall Project. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 98-165 authorizing the Mayor to sign on behalf of the City of Ames for the Flood Wall Project Grant Program. Mildred Lange, 1518 East Lincoln Way, questioned whether this was the most beneficial way to spend the grant monies. She said that this action would keep the flood waters out of the five businesses, but would not save farm land. Ms. Lange stated that according to the consultants, there were other ways to assist in flood protection, such as widening the river or Highway 30. Mayor Tedesco explained that the City was prohibited by the Department of Natural Resources from doing anything with the river itself. Funding was limited, and the City was attempting to protect the most properties for the least amount of monies available. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 4 Moved by Parks, seconded by Campbell, to authorize City staff to apply for an additional $1,060,000 Flood Wall Mitigation Project Grant. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to approve changes to the local Flood Mitigation Grant Program. Vote on Motion: 6-0. Motion declared carried unanimously. REFERRAL OF FLOODPLAIN ORDINANCE: Moved by Parks, seconded by Hoffman, to refer proposed amendments to the City’s Floodplain Ordinance to the Planning and Zoning Commission and the Department of Natural Resources for review and recommendations. Planning and Housing Director Brian O’Connell said that while the Planning and Zoning Commission would be able to address the proposed amendments within the next 15 to 30 days, the Department of Natural Resources’ (DNR’s) workload was such that their review would take considerable time. Don Barber, 2105 SE 5th Street, said that once certain amendments to the ordinance were approved, there would be several properties impacted by the regulations that would make buildings non-conforming. He indicated that he owned properties along East Lincoln Way, and that if he wanted to add on to the existing buildings, he would have to follow the newly adopted ordinance regulations. Mayor Tedesco recommended that Mr. Barber appear before the Planning and Zoning Commission to voice his concerns. Vote on Motion: 6-0. Motion declared carried unanimously. P-I PLAN FOR 2901 SOUTH LOOP ROAD: Moved by Hoffman, seconded by Quirmbach, to adopt RESOLUTION NO. 98-166 approving the P-I Plan to allow the construction of a multi- tenant building at 2901 South Loop Drive, and to approve the following two amendments to the Covenants, Conditions, and Restrictions of the Master Plan for the Iowa State University Research Park: 1) add to the end of Section 8.20 2, “Where it is demonstrated that the selected tree species is not available at the required size, a smaller caliper and a lower height is acceptable”; and, 2) add to the end of Section 11.50, “Where there is an unusual lot shape or where there is a lot that has frontage on two or more streets, the requirement that the placement of material or equipment in the rear two-thirds of the lot may be waived provided that effective landscaping materials and screening are installed that will fully shield the material and equipment from view.” Roll Call Vote: 4-0-2. Voting Aye: Campbell, Hoffman, Quirmbach, Wirth. Voting Nay: None. Abstentions: Cross, Parks. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. CITY’S INVESTMENT POLICY: City Manager Steve Schainker stated that it was important for the Council to review the City’s Investment Policy and portfolio, and he wanted to start this practice as a semi-annual activity. Sherry Meier, City Treasurer, said that the City realized last year that some modifications needed to be made to the Policy, such as deletions of references to the Utility Retirement Fund and the Hospital, updating the authorized personnel list, and correcting references to the State Code. 5 Moved by Parks, seconded by Wirth, to approve the revisions to the Investment Policies and Procedures. Vote on Motion: 6-0. Motion declared carried unanimously. The City’s investment portfolio was reviewed at this time. INSTALLATION OF SIGNAL GATE ARMS: Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 98-167 approving the agreements with the Iowa Department of Transportation for installing signal gate arms at the 13th Street and 24th Street railroad crossings. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. OUTSIDE STORAGE OF APPLIANCES: Moved by Quirmbach, seconded by Wirth, directing the City Attorney to draft an ordinance regarding unprotected outside storage of all appliances, including refrigerators, freezers, stoves, toilets, urinals, and other bathroom and kitchen fixtures and appliances. Vote on Motion: 6-0. Motion declared carried unanimously. 1997 UNIFORM FIRE CODE: Moved by Cross, seconded by Hoffman, directing the City Attorney to draft an ordinance adopting the 1997 Uniform Fire Code. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON 1998-99 STORM SEWER INTAKE REHABILITATION PROGRAM: Moved by Parks, seconded by Cross, to adopt RESOLUTION NO. 98-168 approving final plans and specifications and awarding contract to Eco-Tech Contractors, Inc., in the amount of $99,450.00. Mayor Tedesco declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1998-99 SIDEWALK SAFETY PROGRAM: Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 98-169 approving final plans and specifications and awarding contract to Ames Concrete Contractors in the amount of $44,935.50. Mayor Tedesco declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH DUFF AVENUE WIDENING AND RESURFACING PROJECT: Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-170 approving final plans and specifications and awarding contract to Manatt’s, Inc., in the amount of $683,292.00. Mayor Tedesco declared the hearing open. There being no one present wishing to testify, 6 the hearing was declared closed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ASSIGNING DUTIES OF HOUSING BOARD OF APPEALS: Moved by Campbell, seconded by Wirth, to pass on first reading an ordinance assigning the duties of the Housing Board of Appeals to the Building Code Board of Appeals. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to suspend the rules necessary for the passage of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3481 assigning the duties of the Housing Board of Appeals to the Building Code Board of Appeals. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO UNDER-AGE POSSESSION ORDINANCE: Moved by Hoffman, seconded by Cross, to pass on first reading an ordinance correcting the State Code reference pertaining to under-age possession of alcoholic beverages. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to suspend the rules necessary for the passage of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3480 correcting the State Code reference pertaining to under-age possession of alcoholic beverages. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Council Member Hoffman said she hoped for a very good VEISHEA. Mayor Tedesco said that 92 out of 95 pledges had been returned, and he thanked the community for its support. Council Member Wirth asked staff to look into the frequently malfunctioning gate arms and the possibility of installing medians at the North Dakota Avenue railroad crossing. Council Member Wirth further asked that staff review the Lowe’s Store site plan to see if the business is in compliance with the requirement for storage of outdoor materials. Council Member Wirth asked staff to facilitate a meeting with prospective business owners and the residents in the Southdale area regarding the concern over outdoor lighting. Council Member Parks wished to thank this year’s VEISHEA Committee for the remarkable job they have done. 7 Council Member Quirmbach reminded everyone that the City Employee’s Award Banquet was being held on April 15, and he expressed his gratitude towards City staff. Moved by Wirth, seconded by Campbell, to place on the May 12, 1998, agenda at 6:30 p.m. a joint meeting with the Ames Humane League. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Tedesco announced that the April 28 meeting would begin at 5:00 p.m. to review the Transportation Study prior to the regular Council meeting at 7:00 p.m. ADJOURNMENT: The meeting adjourned at 8:40 p.m. _________________________________ ___________________________________ Jill Ripperger, City Clerk Ted Tedesco, Mayor 8