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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/14/1998MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 14, 1998 The Ames City Council met in regular session at 7:00 p.m. on the 14th day of July, 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. CONSENT AGENDA: Moved by Hoffman, seconded by Cross, 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 June 23 and the special meetings of June 25 and July 8, 1998 3. Motion to approve certification of Civil Service applicants 4. Motion to approve renewal of Class C Liquor License for Welch Ave. Station, 207 Welch Avenue 5. Motion to approve placement of ornamental street name signs within Somerset Subdivision 6. RESOLUTION NO. 98-325 approving and adopting Supplement No. 12 to the Municipal Code 7. RESOLUTION NO. 98-326 approving human services agency contracts for FY 1998-99 8. RESOLUTION NO. 98-327 approving cancellation of license agreement with Ken’s Cafe and Grill for utilization of public walk way for outdoor seating area 9. RESOLUTION NO. 98-328 approving merit pay increase for City Clerk 10. RESOLUTION NO. 98-329 approving waiver of formal bidding requirements and authorizing purchase of HTE Police Crimes and Computer-Aided Dispatch System 11. RESOLUTION NO. 98-330 approving application for a local law enforcement block grant through the Bureau of Justice Assistance, US Department of Justice 12. RESOLUTION NO. 98-331 approving preliminary plans and specifications for 1998-99 Annual Residential Low Point Drainage Improvement Project (1700 block of Burnett Avenue); setting August 19, 1998, as bid due date and August 25, 1998, as date of public hearing and award of contract 13. RESOLUTION NO. 98-332 approving contract and bond for Installation of Pedestrian Bridge over Squaw Creek in Brookside Park 14. RESOLUTION NO. 98-333 approving contract and bond for Ames Community Development Park, Divs. II & III 15. RESOLUTION NO. 98-334 approving contract and bond for Ames Community Development Park, Paving and Subdrains 16. RESOLUTION NO. 98-335 approving contract and bond for Northeast Area Utility Extension, Div. II 17. RESOLUTION NO. 98-336 approving completion of 1997-98 Seal Coat Reconstruction Program 18. RESOLUTION NO. 98-337 approving completion of Vet Med Substation Addition, 69 kV Relaying 19. RESOLUTION NO. 98-338 approving amendments to collective bargaining agreement with Ames Assoc. of Prof. Firefighters 20. RESOLUTION NO. 98-339 approving release of real estate mortgage for 1115 Stafford in connection with the CDBG Existing Affordable Housing Program 21. RESOLUTION NO. 98-340 approving release of real estate mortgage for 4712 Toronto in connection with the CDBG Existing Affordable Housing Program 22. RESOLUTION NO. 98-341 proposing acceptance of offer and conveyance for property located at 442 East 6th Street; setting July 28, 1998, as date of public hearing 23. RESOLUTION NO. 98-342 approving change of date of hearing on proposed conveyance of a vacated portion of SE 16th St. ROW 24. RESOLUTION NO. 98-343 approving Federal Functional Classification of streets Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Earl Franz, 307 Orange, addressed the Council regarding the City’s emblem and the flag which was adopted in 1964. He felt the City emblem should not be flown as a flag on the flag pole in front of City Hall as it did not represent the citizenry of Ames. He asked that the Council consider appointing a commission to select a new City flag and emblem. LIQUOR LICENSE FOR STUDIO CAFE: Moved by Hoffman, seconded by Wirth, to approve a new Class C Liquor License for Studio Cafe, 604 East Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. LIQUOR LICENSE FOR APPLEBEE’S: Moved by Wirth, seconded by Quirmbach, to approve a new Class C Liquor License for Applebee’s Neighborhood Grill & Bar, 105 Chestnut Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR BOY SCOUTS OF AMERICA: Moved by Cross, seconded by Hoffman, to approve a request from the National Order of the Arrow Conference, Boy Scouts of America, for a fireworks permit for display on August 5, 1998. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR 104 KELLOGG AVENUE: Moved by Campbell, seconded by Parks, to approve a request for an encroachment permit to allow a sign for Ames Pawnbroker located at 104 Kellogg Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. FAMILY MOTOR COACH ASSOCIATION EVENT: Moved by Wirth, seconded by Cross, to pull this item from the agenda as requested by Rich Harter, Executive Director, Ames Convention and Visitor’s Bureau. Vote on Motion: 6-0. Motion declared carried unanimously. RENTAL OF EAST CITY HALL PARKING LOT: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 98-344 approving a request for rental of the East City Hall Parking Lot for the Bingham-Vallier wedding on August 29, 1998, at a cost of $100.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REAP GRANT APPLICATION FOR SQUAW CREEK GREENWAY SYSTEM: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 98-345 approving the submittal of a Resource Enhancement and Protection (REAP) grant application for continuation of the Squaw Creek Greenway System. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 2 AWARD OF CONTRACT FOR CONSTRUCTION OF AMES MUNICIPAL TENNIS COMPLEX AT HIGH SCHOOL: Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-346 awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount of $356,612.24 for construction of the Municipal Tennis Complex at the Ames High School. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ANCILLARY AGREEMENT WITH SCHOOL DISTRICT FOR MUNICIPAL TENNIS COMPLEX: Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-347 approving an Ancillary Agreement between the City of Ames and the Ames Community School District for the construction of the Municipal Tennis Complex at the Ames High School. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BOONE COUNTY ANNEXATION STUDY: Ray Anderson, City Planner, explained that on April 14, the Council had discussed various options dealing with a future land use map and considered establishing zoning regulations in the two-mile area of Boone County. Action was tabled on this issue until this meeting in order to give Boone County officials time to complete their work on a proposed zoning ordinance for their county. Boone County has passed the first reading of their new zoning ordinance and was expected to adopt the ordinance on July 15. Due to Boone County’s actions, City Staff felt that it was appropriate at this time to initiate an annexation study to determine whether annexation of land west of Ames in Story County and the two-mile area of Boone County was in the City’s best interests. The study area should include the southwest growth priority area, the northwest growth priority area, and the area of Boone County located within two miles of the Ames corporate limits. Mr. Anderson asked that if the Council gave direction to proceed with the annexation study, Staff be allowed to negotiate an agreement with Snyder & Associates, Inc., for assistance in performing this study. Moved by Wirth, seconded by Campbell, to direct Staff to initiate an annexation study for the southwest growth corridor, the northwest growth area, and the area of Boone County located within two miles of the Ames corporate limits; and, that Staff negotiate an agreement with Snyder & Associates, Inc., for assistance in performing this study. Vote on Motion: 6-0. Motion declared carried unanimously. PARTICIPATION IN STORY COUNTY DEVELOPMENT PLAN UPDATE PROCESS: Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 98-348 approving the City’s participation in the Story County Development Plan update process, appointing a Staff member from the Planning and Housing Department to the Steering Committee, and committing $1,800.00 towards the cost of the Plan update. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMUNITY INVESTMENT FUND AGREEMENT FOR VISIONAIRE TAXIWAY: Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-349 approving a Community Investment Fund agreement with the Ames Economic Development Commission (AEDC) to assist VisionAire Corporation with the construction of a taxiway. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: None. Abstaining: Cross. Resolution declared adopted, signed by the Mayor, and hereby made 3 a portion of these minutes. LICENSE AGREEMENT WITH VANTAGE LLC FOR VISIONAIRE IDENTIFICATION SIGN: Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-350 approving the revocable license agreement with Vantage Enterprises, LLC, for an identification sign located near the entrance drive of the VisionAire plant off South Riverside Drive. Roll Call Vote: 5-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: None. Abstaining: Cross. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. PRIVATE PROPERTY LIGHTING STANDARDS: City Planner Eden Schmitt presented an overview regarding lighting issues proposed by the Lighting Task Force and City Staff in preparation for a Lighting Ordinance for private property. Ms. Schmitt explained that the Task Force created a document which identified issues to be included in the Lighting Ordinance. The goals of the group would be to: control/minimize glare; minimize up light; limit hours when light is on; minimize/eliminate light trespass; require cut-off light fixtures; provide variable standards for different types of uses; maintain safety, security, and visibility; allow lighting as an aesthetic feature or design element; and, establish maximum light levels for different purposes and uses. It was noted that the Task Force has suggested that any established lighting levels be based on the Illuminating Engineering Society of North America (IESNA) Standards, and it was their recommendation not to exceed twice the “initial” IESNA recommended levels. Rick Thompson, member of the Lighting Task Force, said that the members were in general agreement with most of the issues except for established maximum lighting levels. He felt that the community business owners should be more involved for input and discussion. Moved by Wirth, seconded by Parks, to direct the City Attorney and Staff to prepare a Lighting Ordinance that is consistent with the lighting issues address by the Lighting Task Force. Council Member Parks asked that the draft ordinance be circulated throughout the business community prior to it coming back to the Council. David Oesper, Task Force member, discussed lighting levels and some of his concerns relating to excessive levels. He said that the Task Force members were in general agreement, but chose two times the IESNA recommended levels as a compromise. Vote on Motion: 6-0. Motion declared carried unanimously. ENGINEERING SERVICES AGREEMENT FOR US 30/SOUTH DAKOTA AVENUE INTERCHANGE: Moved by Cross, seconded by Hoffman, to adopt RESOLUTION NO. 98-351 approving the supplemental engineering services agreement with Kirkham, Michael and Associates, Inc., for the U.S. 30/South Dakota Avenue Interchange and South Dakota Widening Projects for design and right-of-way activities in the amount of $342,000.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FOUR-WAY STOP AT BUCKEYE/CHESTNUT INTERSECTION: Moved by Quirmbach, seconded by Wirth, to adopt RESOLUTION NO. 98-352 approving the installation of a four- way stop control at the Buckeye Avenue/Chestnut Street intersection. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Wirth. Voting Nay: 4 Cross. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. FOUR-WAY STOP AT OAKWOOD/ELWOOD/AIRPORT ROAD INTERSECTION: Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 98-353 approving the installation of a four-way stop control at the Airport Road/Oakwood Road/Elwood Drive intersection. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FOUR-WAY STOP AT SOUTH MAPLE/SOUTH 3RD INTERSECTION: Moved by Wirth, seconded by Cross, to deny the request for installation of a four-way stop at the Maple Avenue/South 3rd Street intersection, and to direct Staff to place additional signage as a measure to enhance safety and reduce traffic speeds in the area. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Wirth, seconded by Quirmbach, to direct Staff to initiate a meeting with the neighbors in the South Maple Avenue/South 3rd Street area in order to discuss deficiencies in the sidewalk facilities, crossing signage, and marked crosswalk. Vote on Motion: 6-0. Motion declared carried unanimously. ADAMS STREET PAVING PROGRAM: Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-354 approving the Preliminary Resolution for the Adams Street Paving Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-355 adopting preliminary plans and schedule of assessment for the Adams Street Paving Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Campbell, seconded by Cross, to adopt RESOLUTION NO. 98-356 adopting the Proposed Resolution of Necessity, and setting August 25, 1998, as date of public hearing for the Adams Street Paving Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. UNDERGROUND INSTALLATION OF ELECTRIC UTILITY SERVICE: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 98-357 approving an amendment to the Municipal Electric Tariff to require underground electric utility distribution and street lighting systems in new developments. Roll Call Vote: 6-0. 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 adopting a new Code section making underground installation of electric utility facilities mandatory in all new developments at the developers’ expense. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON CONSTRUCTION OF MONUMENTS FOR 5TH STREET STREETSCAPE IMPROVEMENT PROJECT: City Planner Ray Anderson explained that no bids were received 5 for the construction of brick monuments for the 5th Street Streetscape Improvement Project due to contractors’ very busy summer schedules. Moved by Parks, seconded by Wirth, to accept the report of bid response for the construction of monuments for the 5th Street Streetscape Improvement Project. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Tedesco declared the hearing open. There being no one wishing to testify, the hearing was closed. CONSTRUCTION OF FOUNDATIONS FOR MONUMENTS FOR 5TH STREET STREETSCAPE IMPROVEMENT PROJECT: Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 98-358 approving a change order for the construction of foundations for the Monuments for the 5th Street Streetscape Improvement Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONCRETE PAVERS FOR 5TH STREET STREETSCAPE IMPROVEMENT PROJECT: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 98-359 approving a change order for the 5th Street Streetscape Improvement Project to install 12-inch concrete pavers on the four corners of the intersections of 5th Street/Clark Avenue and 5th Street/Kellogg Avenue, and to use M-4 mix for the driveway and alley approaches along 5th Street. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMES COMMUNITY DEVELOPMENT PARK SUBDIVISION, 1ST ADDITION: Mayor Tedesco declared the hearing open. There being no one present wishing to testify, the hearing was closed. Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 98-360 approving the release of the interest of the City of Ames in a certain easement on Lot 3, Lot 4, and Outlot A in the Ames Community Development Park, 1st Addition. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON URBAN REVITALIZATION DISTRICT NO. 5: Mayor Tedesco declared the hearing open. There being no one present wishing to testify, the hearing was closed. Moved by Campbell, seconded by Parks, to pass on first reading an ordinance adding territory to Urban Revitalization Area No. 5. Council Member Wirth said that because of her concern regarding all urban revitalization areas, she would not support the expansion of Urban Revitalization District No. 5 Roll Call Vote: 5-1. Voting Aye: Campbell, Cross, Hoffman, Parks, Quirmbach. Voting Nay: Wirth. Motion declared carried unanimously. HEARING ON GARFIELD AVENUE SIDEWALK PROJECT: Mayor Tedesco declared the hearing open. 6 Chris Anderson, 1017 Garfield Avenue, stated that while he was not necessarily opposed to installing a sidewalk, he wondered if Public Works officials could work with the property owners in determining a reasonable setback instead of adhering to the 14-foot standard. Paul Wiegand, Public Works Director, said that Staff could be somewhat flexible and possibly allow a setback between six to ten feet. The hearing was closed. Moved by Quirmbach, seconded by Hoffman, to adopt RESOLUTION NO. 98-278 finally adopting the Resolution of Necessity for the Garfield Avenue Sidewalk Project (between Phoenix Street and Ross Road), allowing 60 days for the property owners to complete installation of the sidewalk prior to City Staff establishing a construction project, and directing Staff to meet with the property owners to acquire appropriate setback requirements for the sidewalk installation project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE CHANGING CITY CLERK SECTION OF CODE: Moved by Wirth, seconded by Cross, to pass on first reading an ordinance revising provisions pertaining to the City Clerk. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE PERTAINING TO ELECTRICAL AND PLUMBING HOOK-UPS BY MOBILE HOME DEALERS: Moved by Wirth, seconded by Hoffman, to pass on first reading an ordinance stating exemptions from electricians’ and plumbers’ licenses with respect to mobile home installations. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Hoffman, 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 Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3492 stating exemptions from electricians’ and plumbers’ licenses with respect to mobile home installations. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ADOPTING 1997 UNIFORM FIRE CODE: Moved by Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3491 adopting the 1997 Uniform Fire Code. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Cross, seconded by Parks, to refer to Staff a request from the Airport Road Developers, LC, to waive the excess use facility charge on electricity and water for the Bourns site on Airport Road. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Wirth said she had received several calls from business owners regarding the dust caused by heavy trucks hauling fill to the new Target development. She indicated that the 7 dust was causing a danger and environmental hazard, and asked that Staff work with the appropriate people to resolve the issue quickly. Jim Michaud representing his father who owns properties along East Lincoln Way, echoed Council Member Wirth’s statements. He explained that they had concern for their tenants. Moved by Wirth, seconded by Quirmbach, to refer to Staff a request to add a clause to the Noise Ordinance regarding the prohibition of construction work noise during late night/early morning hours. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Wirth, to request that the City’s 1964 flag be displayed at the July 28 Council meeting. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 8:50 p.m. _________________________________ ________________________________________ Jill Ripperger, City Clerk Ted Tedesco, Mayor 8