HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/13/1998MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 13, 1998
The Ames City Council met in regular session at 7:00 p.m. on the 13th day of October, 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, Parks, Quirmbach, and
Wirth. Council Member Hoffman was absent.
CALL TO ORDER: 7:00 p.m.
PROCLAMATION FOR CHARACTER COUNTS WEEK: Mayor Tedesco proclaimed
October 18-24, 1998, as “Character Counts Week.” Jim Hallihan, Executive Director of the
Iowa Games, was present to accept the proclamation.
CONSENT AGENDA: Moved by Campbell, 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 September 22, 1998, and the special meeting
of October 1, 1998
3. Motion to approve certification of Civil Service applicants
4. Motion to approve schedule for boards and commissions joint meetings
5. RESOLUTION NO. 98-490 approving and adopting Supplement No. 13 to the Municipal Code
6. RESOLUTION NO. 98-491 approving allocation of $3,000 from Contingency Fund for Commercial
Design Workshop
7. RESOLUTION NO. 98-492 approving update and naming of City’s depositories
8. RESOLUTION NO. 98-493 approving purchase of seven replacement police sedans
9. RESOLUTION NO. 98-494 approving contract and bond for 1998-99 Water System Improvements
Project
10. RESOLUTION NO. 98-495 approving contract and bond for Cooling Water Supply Modifications
Project
11. RESOLUTION NO. 98-496 approving contracts and bonds for Youth Sports Complex Well Field
12. RESOLUTION NO. 98-497 approving change orders for Ames Community Industrial Park Paving
Project
13. RESOLUTION NO. 98-498 approving change order for Stange Road Extension Project
14. RESOLUTION NO. 98-499 approving change order for 1996-97 Arterial Street Rehabilitation
Program
15. RESOLUTION NO. 98-500 accepting completion of 1997-98 Annual Sanitary Sewer Rehabilitation
Program No. 2
16. RESOLUTION NO. 98-501 re-approving bicycle path easement with Iowa State University
17. RESOLUTION NO. 98-502 approving division of special assessment against Lot 7, Pete Cooper’s
Subdivision, among six parcels now platted as Lots 1 through 6, Vulcan’s Industrial Subdivision
18. RESOLUTION NO. 98-503 approving final plat for Somerset Subdivision, Third Addition
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
NEW CLASS C LIQUOR LICENSE FOR GEANGELO’S ITALIAN RESTAURANT: Moved
by Campbell, seconded by Cross, to approve a request for a new Class C Liquor License for
GeAngelo’s Italian Restaurant, 823 Wheeler Street, Suite 9.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW CLASS C LIQUOR LICENSE FOR THE SCENE: Moved by Cross, seconded by Wirth,
to approve a request for a new Class C Liquor License for The Scene, 124 Welch Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW CLASS B BEER PERMIT FOR HAPPY CHEF: Moved by Cross, seconded by
Quirmbach, to approve a request for a new Class B Beer Permit for Happy Chef, 1520 South
Dayton Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
NEW CLASS C LIQUOR LICENSE FOR THE MEETING HOUSE: Moved by Wirth,
seconded by Parks, to approve a request for a new Class C Liquor License for The Meeting
House, 823 Wheeler Street, Suite 4.
Vote on Motion: 5-0. Motion declared carried unanimously.
FIREWORKS PERMIT FOR FIRSTAR EVE: Moved by Parks, seconded by Quirmbach, to
approve a request from Firstar Eve for a fireworks permit for display on December 31, 1998.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST TO WAIVE PARKING PROHIBITION ON HYLAND AVENUE FOR
GENERAL ELECTION: Moved by Parks, seconded by Quirmbach, to approve a request from the
Story County Auditor to waive the parking prohibition at 1015 North Hyland Avenue (Unitarian
Fellowship) on November 3, 1998, for the General Election.
Discussion was held regarding the use of another location as a polling place for this particular
ward and precinct for upcoming elections.
Vote on Motion: 4-1. Voting aye: Campbell, Parks, Quirmbach, Wirth. Voting nay: Cross.
Motion carried.
Moved by Parks, seconded by Cross, to ask the County Auditor to look at alternate sites
as a polling location for future elections for this ward and precinct.
Vote on Motion: 4-1. Voting aye: Campbell, Cross, Parks, Wirth. Voting nay:
Quirmbach. Motion carried.
GRANT APPLICATION FOR DOWNTOWN ARTWORK: Assistant City Manager Bob
Kindred explained that a grant application would be submitted to the Iowa Department of
Cultural Affairs for up to $25,000 with a local match of $60,000 identified for the Downtown
artwork. The Council had approved the design and concept for this artwork at their
September 22 meeting.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-504 approving the
submission of a $25,000 grant application to the Iowa Department of Cultural Affairs for
partial funding of the City’s Downtown artwork project utilizing Public Art budget monies
as a portion of the local match.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
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hereby made a portion of these minutes.
1998 RESIDENT SATISFACTION SURVEY: Clare Bills, Public Relations Officer, gave a
presentation of the results received from the 1998 Resident Satisfaction Survey. Approximately
190 residents returned the survey which equated to about 30% of those sent out. Areas of the
survey which were covered were personal and social characteristics, priorities/ongoing services,
capital improvement priorities, law enforcement, utilities and physical environment,
transportation, and community enrichment. She said 98% of the respondents rated the quality
of the City’s general services “very good” or “good.”
HEARING FOR ROOF REPLACEMENT AT TRANSIT AGENCY FACILITY: Mayor
Tedesco declared the hearing open. There being no one present wishing to testify, the hearing
was closed.
Moved by Cross, seconded by Campbell, to adopt RESOLUTION NO. 98-505 approving
award of contract to Bitz Roofing, Inc., of Ames, Iowa, in the amount of $13,914.00 for
Roof Replacement at the Transit Agency Facility.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING FOR NUISANCE ASSESSMENT FOR NOXIOUS WEED DESTRUCTION:
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 adopt RESOLUTION NO. 98-506 assessing
costs of noxious week destruction for property located at 1222 Burnett Avenue and
certifying the assessment to the Story County Treasurer.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING FOR ALLEY PAVEMENT: Mayor Tedesco declared the hearing open. There being
no one present wishing to testify, the hearing was closed.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-461 finally adopting
the Resolution of Necessity for the Alley Pavement Project (bounded by 10th Street, 11th
Street, Wilson Avenue and Grand Avenue).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-507 approving
plans and specifications for paving the north-south alley (bounded by 10th Street, 11th
Street, Wilson Avenue and Grand Avenue), and setting November 4, 1998, as the bid due
date and November 10, 1998, as the date of public hearing and award of contract.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING FOR 442 EAST 6TH STREET: Mayor Tedesco declared the hearing open. There
being no one present wishing to testify, the hearing was closed.
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Moved by Cross, seconded by Wirth, to adopt RESOLUTION NO. 98-508 approving the
sale and conveyance by quit claim deed property located at 442 East 6th Street to Wayne
Spohnheimer and Michelle Mayfield.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING FOR REPORT ON CITY’S PHASE IV BUY-DOWN AFFORDABLE HOUSING
PROGRAM: Vanessa Baker-Latimer, Housing Coordinator, reported on the status of the funded
HOME in connection with the City’s Phase IV Mortgage Buy-down Affordable Housing
Program. She detailed the name of the program and the accomplishments, performance targets,
activity schedules, and the project scope and location of each, the project budget, and the funds
expended as of September 30, 1998. She also reiterated each project’s objectives and benefits
to the community and its citizens.
Mayor Tedesco declared the hearing open. There being no one wishing to speak, the hearing
was closed.
CITY’S INVESTMENT PORTFOLIO: Sherry Meier, City Treasurer, reviewed the semi-annual
report on the City’s portfolio. She stated there was a slight shifting in the composition of the
portfolio in the past six months partly due to the City issuing General Obligation Bonds. She
further said that the portfolio had been diversified somewhat.
Council Member Cross asked if the City could look at a broader index or study the creation of
some measurable common index in order to see a larger return on the City’s investments. City
Manager Steve Schainker said that Staff could investigate whether the City was optimizing its
investments.
REPORT ON KEN MARIL ROAD AREA DRAINAGE: Paul Wiegand, Public Works Director,
reported that the Council had asked Staff to investigate concerns expressed by Rex Rohrssen,
spokesman for the Ken Maril Neighborhood Association, regarding area drainage problems.
Mr. Rohrssen indicated in correspondence that there was a lack of development control as the
lots were developed. Mr. Wiegand explained that storm water run-off from a farm field to the
south passed through the built up area in the neighborhood along Ken Maril and Viola Mae on
its way to the east and the Skunk River. Some steps have been taken to correct the problems
during low flow events, however, run-off during high flow events still affected the area.
Mr. Wiegand offered the following potential alternatives to address the problems: 1) let the
property owners address the problem on their own because the City did not regulate the drainage
as the houses were being constructed; 2) place the project in the priorities for the low point
drainage program funded by the sale of bonds with the project being placed in the Capital
Improvement Program (CIP) for 2004-05; or, 3) develop the project earlier by assessing the
work to the benefited property owner.
Rex Rohrsssen, 614 Ken Maril Road, said the flooding problem in the neighborhood happened
on a yearly basis whether it’s caused by snow run-off or heavy rains. The recurring flooding
was an inconvenience and, at times, caused property damage to the homes. He felt it was the
responsibility of the homeowners in some instances to take measures to protect their properties,
however, flooding of the entire area was a developmental problem. He wanted to see the
drainage problem solved by placing the project in the CIP and have it reprioritized to an earlier
time frame. He said that property owners would really like to keep their backyards in tact rather
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than building a berm on their properties.
Brad Watson, 700 Ken Maril Road, said he had water in his house due to spring run-off water
and that it tended to happen very quickly.
LeAnn Swenson, 706 Ken Maril Road, stated that the City was asking people in affordable
housing to spend money to rectify the drainage situation, and it was her hope the City would
assist those living there. She felt there were nine homes actually affected by the “ponding” from
run-off.
More discussion was held regarding the construction of a berm and whether this type of project
would qualify for a Neighborhood Improvement Program grant. The area residents had
discussed this option, however, they felt it would not apply to the drainage situation.
Mr. Rohrssen said that the grant would help expedite the solution to the drainage run-off
problem, and area residents would pursue this avenue.
RIGHTS-OF-WAY MANAGEMENT PROGRAM: David Maahs, Executive Director of the
Ames Chamber of Commerce, said that a Chamber Task Force was formed due to: 1) Ames’
solid, growing technology-based businesses; and, 2) many other cities setting up their own
systems in regulating rights-of-way users in their communities. He said the group was very
optimistic about the growing need in Ames for network expansion and in locating new
businesses within the community. Mr. Maahs stated it was the Task Force’s recommendation
that the City create a competitive environment for the development of private enterprise.
Moved by Cross, seconded by Campbell, to pass on first reading an ordinance initiating
formal regulation of the City’s rights-of-way without a fee structure.
Roll Call Vote: 5-0. Motion declared carried unanimously.
REPORT ON INTERSECTION WIDENING CONFLICTS WITH SIDEWALKS: Public
Works Director Paul Wiegand reported that in handling the increasing traffic level along arterial
streets, intersections need to be widened thereby creating problems with right-of-way (r-o-w)
widths. During an informal meeting regarding this issue, residents raised the concern of snow
removal responsibility plowed from the streets onto the sidewalks. Upon investigation of local
and state codes, it was found that abutting property owners were responsible only for removal
of natural accumulations of snow from the sidewalk. Therefore, plowed snow onto sidewalks
would not be the property owners’ responsibility. Mr. Wiegand reviewed the following methods
for rectifying this problem: 1) the City would pay the property owner a fixed fee for the owner
to perform snow removal from the sidewalk; 2) the City or its contractor would remove snow
from sidewalks where plowing operations placed the snow back on sidewalks after property
owners have already removed snow; and, 3) the City would acquire easements to relocate the
sidewalks to leave room for storing snow between the sidewalk and the curb. He explained that
after review, the third method would be the least complicated and most effective program to
address the situation. However, it would not be a popular program since the City would be
purchasing space out of residents’ front yards. City Staff would be coming back to Council at
a later date to gain direction in adopting a formal policy.
CONTRACT FOR STREET CONDITION STUDY: Moved by Cross, seconded by Parks, to
adopt RESOLUTION NO. 98-509 approving a professional services contract with Snyder &
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Associates in the amount of $40,000 for a street condition study.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
DEVELOPMENT AGREEMENT FOR EASTGATE SUBDIVISION: Moved by Wirth,
seconded by Cross, to adopt RESOLUTION NO. 98-510 approving a development agreement
for Eastgate Subdivision.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
NEWMONICS REQUEST TO ELIMINATE PORTION OF CLAUSE FROM RLF
CONTRACT: Moved by Campbell, seconded by Wirth, to deny a request from NewMonics, Inc.,
to revise Section 6.2 of the City of Ames Revolving Loan Fund contract to eliminate the $30,000
penalty.
Vote on Motion: 4-0-1. Voting aye: Campbell, Cross, Quirmbach, Wirth. Voting nay: None.
Abstaining: Parks. Motion carried.
P-C PLAN FOR SIGN AT 2812 WEST STREET (THE WIRELESS STORE): Moved by
Campbell, seconded by Wirth, to adopt RESOLUTION NO. 98-511 approving the P-C Plan for
2812 West Street to allow a building sign.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
“SPIDER LEG” SIGNS: Brian O’Connell, Director of Planning and Housing, stated that Staff had
been directed to prepare an ordinance prohibiting “spider leg” signs. The proposed ordinance
had been reviewed by a committee from the Ames Chamber of Commerce. The group felt that
these types of signs should not be prohibited, but should be regulated by license through the
City. Therefore, the City Attorney prepared two ordinances, and Staff was asking the Council
to provide direction for regulation of these signs. Mr. O’Connell presented overheads of the
types and locations of signs classified as being “spider leg” signs and mobile signs. He indicated
that the licensing of “spider leg” signs would be an administrative nightmare to track and
enforce, and Staff was recommending that the Council select the ordinance prohibiting such
signs.
Moved by Campbell, seconded by Wirth, to approve the selection of an ordinance
prohibiting “spider leg” signs.
Council Member Quirmbach stated his opposition to the ordinance.
Vote on Motion: 4-1. Voting aye: Campbell, Cross, Parks, Wirth. Voting nay:
Quirmbach. Motion carried.
ORDINANCE AMENDING MUNICIPAL INFRACTION PENALTIES: Moved by Parks,
seconded by Cross, to pass on second reading an ordinance amending municipal infraction
penalties for on premises as a minor and consuming alcohol in a public place from $50 to $100
for the first violation and $200 for the second and subsequent violations.
Roll Call Vote: 5-0. Motion declared carried unanimously.
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Moved by Parks, seconded by Campbell, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Parks, seconded by Cross, to pass on third reading and adopt ORDINANCE NO. 3500
amending municipal infraction penalties for on premises as a minor and consuming alcohol in
a public place from $50 to $100 for the first violation and $200 for the second and subsequent
violations.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REGARDING PLUMBING CODE REVISIONS: Moved by Campbell, seconded
by Parks, to pass on second reading an ordinance adopting the 1997 Plumbing Code with
revisions to local amendments.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Campbell, to suspend the rules necessary for the adoption of
an ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Campbell, seconded by Parks, to pass on third reading and adopt ORDINANCE
NO. 3501 adopting the 1997 Plumbing Code with revisions to local amendments.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ENACTING PUD OVERLAY DESIGNATION FOR PROPERTY ON TWAIN
STREET: Moved by Parks, seconded by Campbell, to adopt ORDINANCE NO. 3499 enacting a
PUD Overlay Designation for property generally located on Twain Street west of Dickenson
Avenue.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMENDMENTS TO PURCHASING POLICIES AND PROCEDURES: Jim Middendorf,
Purchasing Agent, reviewed the major changes in the new policy manual which included
purchase amount requiring issuance of a purchase order, bid/contract award authority, authority
to waive bidding requirements, change order authority for contracts awarded by the Council, and
conflict of interest.
Much discussion was held regarding the conflict of interest section pertaining to the definition
of a “family member.” It was determined that language regarding the conflict of interest section
should be clarified and revisited by the Council.
Moved by Parks, seconded by Campbell, to adopt RESOLUTION NO. 98-512 approving
amendments to the Purchasing Policies and Procedures to become effective November 1,
1998, with the exception of the conflict of interest section which will be clarified at the
October 27, 1998, Council meeting.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
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AMENDMENT TO PERSONNEL POLICIES AND PROCEDURES: Human Resources
Director Paul Gierasch explained that the existing policy pertaining to the maintenance of
credentials had been in place for quite some time, and the current language states that “failure
to maintain such required credentials shall be considered grounds for termination of
employment.” Management has determined that lesser sanctions have been appropriate
depending on the circumstances of individual cases, and it was recommended that guidelines be
incorporated into the Personnel Policies allowing for administrative action when an employee
failed to maintain a required credential.
Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 98-513 approving
an amendment to Section 20.3 of the Personnel Policies and Procedures incorporating
guidelines for administrative action when an employee fails to maintain a required
credential.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
COMMENTS: Council Member Wirth indicated that Southdale residents were appreciative of the
prompt response from Staff regarding their South Duff area traffic concerns. The new sign at
Jewel/Duff was very nice, and area neighbors were wondering if it was planned to install this
type of sign at other intersections along South Duff Avenue. Residents had also expressed that
a “yield to pedestrians” sign was needed at the painted crosswalk due to aggressive drivers.
ADJOURNMENT: The meeting adjourned at 9:25 p.m.
_________________________________________________________________________
Jill Ripperger, City Clerk Ted Tedesco, Mayor
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