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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/27/1998MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 27, 1998 The Ames City Council met in regular session at 6:30 p.m. on the 27th 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, Hoffman, Parks, Quirmbach, and Wirth. JOINT MEETING WITH ANALYSIS OF SOCIAL SERVICES EVALUATION TEAM (ASSET): Assistant to the City Manager Sheila Lundt introduced City ASSET members Julie Schreitmueller, Bev Crabtree, Kathy Melsa, and Leonard Konopa. Ms. Lundt explained that ASSET had already begun consideration of requests for funding, therefore, they were well into the funding process for the next fiscal year. The following priorities for the upcoming fiscal year were discussed: 1) prevention programs; 2) crisis intervention programs; 3) information and referral; and, 4) respite care. JOINT MEETING WITH COMMISSION ON THE ARTS (COTA): Assistant to the City Manager Sheila Lundt introduced COTA members Max Wortman, Jr., Chair, Susan Franzen, Carol Prusa, David Johnson, and Rachel Jeffreys-Hamilton. Mr. Wortman explained that COTA’s guidelines had been set in 1987, and the Commission has followed Council’s direction on a consistent basis. Discussion was held regarding grant application guidelines, non-profit arts organizations working in conjunction with for-profit organizations, the penalty structure for arts organizations missing COTA deadlines, the need for additional funding, the increased interest in funding individual artists, the increase in new organizations requesting funding, and reaffirmation of COTA’s activities. Mayor Tedesco introduced Diane Voss whom recently began her duties as City Clerk. CONSENT AGENDA: Item No. 13 was pulled from the agenda. Moved by Campbell, 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 October 5, 1998, special meeting and the regular minutes of the October 13, 1998, meeting 3. Motion to approve certification of Civil Service applicants 4. Motion to approve renewal of the following beer permits and liquor licenses: a.Class C Beer - Kum & Go #113, 2801 E. 13th Street b. Class C Beer - Kum & Go #209, 3337 Lincoln Way c. Class E Beer - Kum & Go #214, 111 Duff Avenue d. Class E Beer - Kum & Go #215, 4506 Lincoln Way e. Class E Beer - Kum & Go #216, 203 Welch Avenue f. Class B Beer - Ruttle’s, 531 South Duff Avenue 5. RESOLUTION NO. 98-514 approving human services agency contract for FY 1998-99 6. RESOLUTION NO. 98-515 awarding contracts for purchase of Electric Distribution Transformers 7. RESOLUTION NO. 98-516 approving contract and bond for Hard Surface Trail System in Brookside Park 8. RESOLUTION NO. 98-517 approving change order for East Lincoln Way Reconstruction Project 9. RESOLUTION NO. 98-518 approving completion of 1998-99 Slurry Seal Program 10. RESOLUTION NO. 98-519 approving final plat for Bloomington Heights, Plat 7 11. RESOLUTION NO. 98-520 approving revision to Phase IV Maintenance Assistance Guidelines 12. RESOLUTION NO. 98-521 approving subordination of second mortgage lien for 5444 Frost Drive in connection with the City’s Phase III Affordable Housing Program in the Bentwood Subdivision Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Gary Titus, 113 North Erickson, Roland, said he had been attending Council meetings throughout communities in Story County to introduce himself during his campaign for a seat on the Story County Board of Supervisors. Mayor Tedesco explained that it was not the practice of the Ames City Council to allow use of the podium for campaign purposes. NEW CLASS C BEER PERMIT FOR SOUTHGATE EXPRESSE: Moved by Parks, seconded by Cross, to approve a request for a new Class C Beer Permit for Southgate Expresse, 110 Airport Road. Vote on Motion: 6-0. Motion declared carried unanimously. NEW CLASS C LIQUOR LICENSE FOR THUMBS: Moved by Hoffman, seconded by Cross, to approve a request for a new Class C Liquor License for Thumbs, 2816 West Street. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR GEORGE’S PIZZA & STEAKHOUSE: Moved by Cross, seconded by Wirth, to approve a request for an encroachment permit to allow an awning/sign for George’s Pizza & Steakhouse at 330 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING FOR ELECTRIC TURBINE GENERATOR OVERHAUL PROJECT: Moved by Wirth, seconded by Cross, to adopt RESOLUTION NO. 98-522 awarding a contract to Keystone Specialty Service Company in the amount of $133,500.00 for the Electric Turbine Generator (Unit #7) Overhaul Project. Mayor Tedesco declared the hearing open. There being no one wishing to testify, the hearing was closed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMPREHENSIVE ANNUAL FINANCIAL REPORT: Sue Rybolt, Assistant Finance Director, said the Comprehensive Annual Financial Report contained the financial statements as prepared by Staff. The report details the financial position and results of operations of the various funds and account groups of the City. Moved by Hoffman, seconded by Parks, to adopt RESOLUTION NO. 98-523 approving the Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 1998. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. NOMINATION FOR PLACING BANDSHELL PARK ON NATIONAL REGISTER OF HISTORIC PLACES: Moved by Cross, seconded by Hoffman, to support the Bandshell Renovation Fund-Raising Committee (BRFRC) to nominate Bandshell Park and the Bandshell for placement on the National Register of Historic Places. When questioned about the $2,000 payment for the application preparation, Parks and Recreation Director Nancy Carroll indicated that the Committee would pay this fee. Moved by Wirth, seconded by Parks, to amend the motion to support the nomination of 2 Bandshell Park and the Bandshell for placement on the National Register of Historic Places by having the City pay from the Contingency Fund the $2,000 fee to prepare the draft application. Vote on Motion: 6-0. Motion declared carried unanimously. Vote on Motion as amended: 6-0. Motion declared carried unanimously. SERVICE FEE INCREASE ENDORSEMENT FOR E 9-1-1: Chief of Police Dennis Ballantine indicated that the Story County Board of Supervisors has endorsed an increase in the service fee per line for the Enhanced 9-1-1 emergency telephone system for Story County. The State had passed a bill allowing for communities to increase the service fee per line up to $1.00 for assistance in the reduction of property tax burden. Chief Ballantine indicated that an increase was needed in order to provide quality services on a county-wide basis. Staff was asking for the Council’s endorsement to support this increase in service fee. Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 98-524 approving the endorsement of an increase of service fee per line of up to $1.00/line for operating and equipment replacement costs for the Enhanced 9-1-1 Emergency Telephone System. Council Member Quirmbach indicated he would not endorse this service fee increase because it should be paid from property taxes. He said the increase per line was a straight fee, and it was not based on income levels. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Hoffman, Parks, Wirth. Voting nay: Quirmbach. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT FOR AMES-STORY COUNTY HOUSING NEEDS STUDY: Moved by Hoffman, seconded by Wirth, to adopt RESOLUTION NO. 98-525 approving a contract with Marty Shukert of RDG Crose Gardner Shukert Consultants, Inc., in an amount not to exceed $2,650.00 for facilitation of meetings regarding the creation of an Ames-Story County housing development corporation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. P-C PLAN AMENDMENT FOR 2500 ELWOOD DRIVE: Moved by Cross, seconded by Parks, to adopt RESOLUTION NO. 98-526 approving an amendment to the P-C Plan for a motel located at 2500 Elwood Drive to allow a change in the ground sign from an externally-lighted sign to an internally- lighted sign. Brian O’Connell, Director of Planning and Housing, stated that the new motel franchise was requesting than they be allowed to install an internally-lighted, ground-mounted sign in place of the existing externally-lighted sign. It was Staff’s belief that externally-lighted signs were more sensitive to the residential surroundings while allowing for adequate lighting. It was also Staff’s belief that internally-lighted signs created a more obvious commercial image which was not consistent with the original intent for the development of this area. Staff recommended denial of the request to install an internally-lighted sign, however, the Planning and Zoning Commission did not agree with the position taken by Staff and approved the request. Some discussion was held regarding the prior development of the Holiday Inn-Gateway Center and 3 the signage allowed. Staff felt that approval of this request would set a precedent for similar requests which may result in adverse effects on adjacent and nearby properties. It was determined that there were already internally-lighted signs located in the area. Verle Burgason, 3618 Cedar Lane, said that the internally-lighted sign was small and could not be seen by any residents in the area. He reiterated that the Planning and Zoning Commission had supported the request to allow such signage and that the ISU Research Park had three internally- lighted signs. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON TRIMMING OF STREET TREES: Public Works Director Paul Wiegand reported that the City undertook an annual right-of-way tree-trimming program, primarily to provide for safety and to ensure that clearance needs over streets and sidewalks were met. The Program is performed City- wide over a four-year period. Mr. Wiegand said that since concerns had been raised from residents regarding work performed near their property, Staff has changed the notification process this year by delivering door hangers to affected property owners as well as including information in City publications. Mr. Wiegand reported that while the City looks at the low bidder for the contract award, Staff also looks at the degree of the company’s tree-trimming expertise. Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 98-527 approving the award of contract to Ames Story Tree Service of Ames, Iowa, in the amount of $39.50 per crew hour with the total cost not to exceed $45,000 for the 1998-99 Winter Tree-Trimming Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BLOOMINGTON HEIGHTS, PLAT 7: Moved by Campbell, seconded by Parks, to pass on second reading an ordinance vacating a portion of Grant Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Cross, 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 Cross, to pass on third reading and adopt ORDINANCE NO. 3502 vacating a portion of Grant Avenue. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION NO. 98-528 approving conveyance by quit claim deed vacated right-of-way to William C. Knapp Revocable Trust. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGARDING SNOW REMOVAL IN DOWNTOWN AND CAMPUSTOWN: Moved by Parks, seconded by Wirth, to pass on first reading an ordinance proposing changes which clarify the snow ordinance implementation and creating a new section dealing with specific times for snow removal in the Downtown and Campustown areas. 4 Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE PROHIBITING “SPIDER LEG” SIGNS: Moved by Parks, seconded by Wirth, to pass on first reading an ordinance prohibiting “spider leg” signs. David Maahs, Executive Director of the Ames Chamber of Commerce, said it was the hope of the Chambers’ Government Affairs/Local Issues Committee that the City develop a policy to utilize the “spider leg” signs on a temporary basis, i.e. sales promotions. He indicated that it was beneficial to businesses that they be allowed to use these signs in such instances, and he was asking the Council not to pass the ordinance to prohibit the signs. Council Member Quirmbach said he was opposed to prohibiting “spider leg” signs. He felt that small businesses would feel the impact of not being able to use the signs. Discussion was held regarding whether prohibition of the signs inhibited businesses in terms of advertising. Further discussion took place regarding the lack of maintenance for this type of signage. Cross called for the question. Roll Call Vote: 5-1. Voting aye: Campbell, Cross, Hoffman, Parks, Wirth. Voting nay: Quirmbach. Motion declared carried. ORDINANCE PERTAINING TO PLUMBING CODE: Moved by Campbell, seconded by Hoffman, to pass on first reading an ordinance correcting a section of the Plumbing Code. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Cross, 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 Cross, to pass on second and third readings and adopt ORDINANCE NO. 3503 correcting a section of the Plumbing Code. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RIGHTS-OF-WAY MANAGEMENT PROGRAM ORDINANCE: Moved by Wirth, seconded by Campbell, to pass on second reading an ordinance providing for the management of the City’s rights-of- way. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Wirth, to suspend the rules necessary for the adoption of an ordinance. Mayor Tedesco stated that if there was no pertinent reason to expedite this issue, he would prefer that the rules not be suspended and that ordinances be allowed to come back to Council through the course of three readings. Council Member Cross withdrew his motion. 5 PURCHASING POLICIES “CONFLICT OF INTEREST” SECTION: Assistant to the City Manager Lundt explained that because concerns from the public have been received regarding perceived conflicts of interest in doing business with “immediate family members” of City employees, Staff has proposed an amendment to the “Conflict of Interest” section of the Purchasing Policies. The amendment will include more definition as to what constitutes an “immediate family member.” It was noted that the City was not excluding immediate family members from doing business with the City, however, the official bidding process would be followed. Purchasing Agent Jim Middendorf explained that any vendor was able to request that a City purchase be performed through the public bidding process, and the City would always honor that request. Moved by Campbell, seconded by Parks, to affirm the proposed “Conflict of Interest” language for the Purchasing Policies and Procedures. Vote on Motion: 6-0. Motion declared carried unanimously. COMMENTS: Moved by Hoffman, seconded by Quirmbach, to refer to Staff a letter from Ross Road residents regarding a change in parking allowances on that street. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Cross, seconded by Campbell, to place on the November 10, 1998, agenda a request from Mary Greeley Medical Center to approve an agreement for a bicycle path located on their hospice house property. Vote on Motion: 6-0. Motion declared carried unanimously. When questioned by Council Member Wirth regarding the status of the lighting ordinance, City Attorney John Klaus stated that he has drafted the ordinance and received input from Dave Oesper. He indicated that the draft ordinance was to be reviewed by the Lighting Task Force prior to appearing before the City Council. ADJOURNMENT: The meeting adjourned at 8:50 p.m. _________________________________ ________________________________________ Jill Ripperger, Recording Secretary Ted Tedesco, Mayor 6