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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/13/1997MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA MAY 13, 1997 The Ames City Council met in regular session at 7:00 p.m. on the 13th day of May, 1997, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem John Parks presiding, and the following Council members present: Campbell, Hoffman, Parks, Quirmbach, Tedesco, and Wirth. Mayor Curtis was absent. CALL TO ORDER: 7:00 p.m. PROCLAMATION FOR SCHOOL BOARD RECOGNITION WEEK: Mayor Pro Tem Parks read a proclamation designating May 11-17, 1997, as School Board Recognition Week within the City of Ames. School Board Chair Bill Summers was present to accept the proclamation on behalf of the Ames School Board. PROCLAMATION FOR IOWA SPECIAL OLYMPICS WEEK: Mayor Pro Tem Parks read a proclamation designating May 19-24, 1997 as Special Olympics Week within the City of Ames. Rich Fellingham, Executive Director of the Iowa Special Olympics and Lana Voga, Chair of Ames Organizing Committee, were present to accept the proclamation on behalf of the Special Olympics Committee. Mr. Fellingham introduced Ames High athlete Gary Eaches and his coach Hillary Ziebold. Mr. Eaches thanked the City, ISU, and the Special Olympics coaches and volunteers. He described what being a Special Olympic athlete meant to him, and encouraged everyone to get involved and to attend the open ceremony on May 22. PROCLAMATION AND PRESENTATION FOR SCHOOL SAFETY PATROL VOLUNTEERS: Mayor Pro Tem Parks read a proclamation congratulating Crawford School and Edwards School for establishing the School Safety Patrol Program, and presented certificates to the Program participants. Scott Johnson and Garrett Sorenson spoke of what being safety patrols meant to them. PRESENTATION ON BANDSHELL RENOVATION PROJECT: Dave Carter, 709 Douglas, presented a slide show on the Bandshell Renovation Project and the progress of the fund-raising effort. He said that approximately $40,000 of the $350,000 goal has been raised. CONSENT AGENDA: Motion by Hoffman, Second by Wirth, to approve the following items on the Consent Agenda, removing Items 2 and 7 for separate consideration: 1.Motion to approve payment of claims 2.Motion to approve Minutes of the Regular Meeting of April 22, 1997 (Removed for Separate Consideration; See action at the end of this section) 3.Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Beer - Swift Stop #2, 3406 Lincoln Way b. Special Class C Liquor - Great Plains Sauce and Dough Company, 129 Main Street c. Special Class C Liquor - Gregory's Coffeehouse, 421 S. Duff 4.Motion to approve certification of Civil Service applicants 5.Motion to refer to Staff request from Xenia Rural Water District regarding water service south of Ames 6.Motion to refer to Staff request from Iowa State University regarding Ames/ISU Ice Arena 7.Motion setting September 2, 4, 11, and 16, 1997, as date of joint meetings with Planning and Zoning Commission for public input on Land Use Policy Plan Zoning Ordinance and Subdivision Regulations (Removed for Separate Consideration; See action at the end of this section) 8.RESOLUTION NO. 97-210 approving mini-grant contract for arts funding with Co-Motion Dance Theater 9.RESOLUTION NO. 97-211 confirming Department of Human Services appointment of Joan Mathews to ASSET 2 10.RESOLUTION NO. 97-212 confirming GSB appointment of Carissa Wall to Transit Agency Board of Trustees 11.RESOLUTION NO. 97-213 approving appointment of Robert Hildebrand to Zoning Board of Adjustment 12.RESOLUTION NO. 97-214 approving 1997-98 funding contract with Ames Partner Cities Association, Inc. 13.RESOLUTION NO. 97-215 approving amendment to Three Party Agreement for funding CyRide services 14.RESOLUTION NO. 97-216 approving agreement between Transit Board of Trustees and City of Branson, Missouri 15.RESOLUTION NO. 97-217 authorizing 3-year extension of existing banking contract with Brenton Bank 16.RESOLUTION NO. 97-218 approving Declaration of Restrictive Covenants for property at 2207 Edison Street 17.RESOLUTION NO. 97-219 accepting bids and awarding contract for 13.8 kV metal-clad switchgear 18.RESOLUTION NO. 97-220 accepting bids and awarding contract for purchase of brake drum/brake lining lathe with dust control system 19.RESOLUTION NO. 97-221 accepting bids and awarding contract for purchase of two small buses, subject to IDOT concurrence 20.RESOLUTION NO. 97-222 approving Revolving Loan Fund application on behalf of Larson Systems LLC 21.RESOLUTION NO. 97-223 approving Airport hangar lease agreements 22.RESOLUTION NO. 97-224 approving preliminary plans and specifications for 1997/98 CyRide Reconstruction Project; setting June, 1997 as bid due date and June 10, 1997 as date of hearing and award of contract 23.RESOLUTION NO. 97-225 approving preliminary plans and specifications for 1997/98 Resurfacing Program; setting June 4, 1997 as bid due date and June 10, 1997 as date of hearing and award of contract 24.RESOLUTION NO. 97-226 approving preliminary plans and specifications for Stuart Smith Park Hard-Surface Trail System Project; setting June 5, 1997 as bid due date and June 10, 1997 as date of hearing and award of contract 25.RESOLUTION NO. 97-227 approving change order for Hyland Avenue Improvement Project, Phase II 26.RESOLUTION NO. 97-228 approving change order for engineering services contract for Lincoln Way/Duff Intersection Improvement Project for extended negotiations/court hearings 27.RESOLUTION NO. 97-229 approving change order for South Dakota/U.S. 30 Interchange Study 28.RESOLUTION NO. 97-230 accepting completion of 1996/97 Concrete Repair Program 29.RESOLUTION NO. 97-231 accepting completion of Lime Sludge Disposal Project, Phase I 30.RESOLUTION NO. 97-232 approving contract and bond for 1997/98 Slurry Surface Treatment Program 31.RESOLUTION NO. 97-233 approving request to subordinate City's second mortgage lien for property located at 5428 Norris Street 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. SEPARATE CONSIDERATION: MINUTES OF REGULAR MEETING OF APRIL 22, 1997: Motion by Wirth, Second by Campbell, to amend the Minutes of the Regular Meeting of April 22, 1997 to include the following additional language under discussion of amendment to page 37 of the draft Land Use Policy Plan pertaining to the Downtown Expansion Area Transition: “Coun. Wirth stated she would support the motion to revise the language in the Plan, but would not be able to support a rezoning of this area until a sub-area planning process had been completed.” Vote on Motion to Amend: 6-0. Motion declared carried unanimously. 3 Motion by Wirth, Second by Tedesco to approve Minutes as amended. Vote on Motion: 6-0. Motion declared carried unanimously. DATES FOR JOINT MEETINGS ON LAND USE POLICY PLAN ZONING ORDINANCE: Coun. Wirth said she had removed this item for Separate Consideration because she had received numerous calls from the public asking when the approval of the Land Use Policy Plan would take place. She referred to the memo dated May 9, 1997 from Planning and Housing Director Brian O’Connell which listed dates for joint meetings to review the proposed zoning ordinance and subdivision regulations, and noted that it stated the Planning and Zoning Commission would hold a public hearing on the final approval of the Plan on May 21. She asked if a date for Council approval of the Plan could be set at this meeting. Mayor Pro Tem Parks said it would be out of order to do so at this point, as the item was not on the evening’s agenda, and suggested the matter be raised during the Council Comments and Future Agenda Items portion of the evening. Motion by Tedesco, Second by Hoffman, to set September 2, 4,11, and 16, 1997, as dates of joint meetings with Planning and Zoning Commission for public input on Land Use Policy Plan Zoning Ordinance and Subdivision Regulations. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: No one came forward to speak at this time. REQUEST FOR NEW CLASS C LIQUOR LICENSE FOR TEQUILA MEXICAN RESTAURANT: Motion by Tedesco, Second by Hoffman, to approve new Class C Liquor License for Tequila Mexican Restaurant, 320 S. 16th. Vote on Motion: 6-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR IOWA SPECIAL OLYMPICS: Motion by Hoffman, Second by Wirth, to approve request for fireworks permit for Iowa Special Olympics on May 22, 1997. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FOR PAVING OF PARCEL ADJACENT TO 121 KELLOGG AVENUE: Motion by Tedesco, Second by Wirth, to refer to staff request from Lynn Sparks regarding paving of City-owned parcel adjacent to 121 Kellogg Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM ISU ORIENTATION OFFICE FOR PLACEMENT OF SIGNS ALONG ELWOOD DRIVE: Motion by Hoffman, Second by Wirth, to approve request from ISU Orientation Office for placement of four signs along Elwood Drive to direct students and families to June ISU Orientation Programs. There was discussion regarding the request to allow perpetual approval for these signs, noting that a future Council could overturn this Council’s decision. City Attorney John Klaus reminded the Council that the Council-adopted sign ordinance does not allow signs of this nature in the public right-of-way. He said the Council has taken the position that these signs are part of a program for the public good, and therefore have made an exemption from the ordinance for them. There was discussion that it had been the Council’s decision that ISU orientation was a benefit to the City as a whole, and direction signs were therefore of benefit to the entire community. There appeared to be consensus, however, that the signs should be considered on an annual case-by- case basis. Vote on Motion: 6-0. Motion declared carried unanimously. CONTRACT WITH STORY COUNTY HABITAT FOR HUMANITY FOR FUNDING TO PURCHASE LOT AT 1012 WILSON: Housing Coordinator Vanessa Baker-Latimer noted the Purchase/Resale Program was one of the first four Affordable Housing programs Council authorized her to establish for this year. She noted that several of the sponsors for this program were present this evening. 4 Merlin Pfannkuch, 1424 Kellogg, asked that the Council table action on this item until it was known whether or not the MGMC-owned triplex on the 1100 block was part of this package. He said he had heard rumors that indicated that building might be relocated to this lot. He said the neighbors in the area have stated they would prefer renovation on the site. He said the issue had also been discussed at a MGMC "neighbor-to-neighbor" meeting. Mayor Pro Tem Parks noted the item on tonight's agenda dealt only with buying a lot, and Ms. Baker-Latimer agreed. She said it was then up to Habitat for Humanity to decide what they wished to do with the land. Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-234 approving a contract between the City of Ames and Story County Habitat for Humanity to provide funds for the purchase of the lot at 1012 Wilson in connection with Phase IV "Purchase/Resale" Affordable Housing Program. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Mayor Pro Tem Parks presented a check from the City of Ames in the amount of $35,000 to Story County Habitat for Humanity for purchase of the lot. Roger Stover, President, Story County Habitat for Humanity, thanked the Staff, Council, and the other financing partners in the project. He said he was certain this combination would result in a successful partnership. MUNICIPAL AIRPORT BUILDING AND FACILITIES LEASE: Mayor Pro Tem Parks noted that the action on tonight's agenda was proposing a lease with Midwest Flying Services, and he would therefore take discussion on the selection of Midwest as the Airport's Fixed Base Operator (FBO). He said if Council approved the resolution proposing this lease, the specific features of the lease itself could be discussed at the May 20 public hearing. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-235 proposing five-year lease of terminal building and other facilities at Municipal Airport with Midwest Flying Services and setting 5:00 p.m. on May 20, 1997, as the date and time of the public hearing. Public Works Director Paul Wiegand reviewed the process followed by the FBO selection committee, as contained in the Staff Report. David Maahs, 1007 Vermont Court, said he had served on the FBO Selection Committee. He said he was not a pilot or a user of the airport, but was asked to offer input from a marketing perspective. He said in many respects the airport is the front door to the Ames community. He said that, in developing the proposed FBO contract, the committee had tried to place a greater emphasis on promoting and enhancing a positive attitude and customer service at the airport. He said he felt Midwest Flying Services was the best candidate, and he urged the Council to approve their selection. Lyle Vust, Vice President of Midwest Flying Services, said at this time they were a chain of four FBOs. He said the company had begun in 1993, and he has been in the industry for 15 years. He said they would like to bring growth to the City of Ames, and that customer service was their main goal. He said their staff was professional and had an aviation background. He said the airport was a gateway to the City. He said Midwest Flying Services looked at the City of Ames as an opportunity for great expansion of their services and said they were enthusiastic about the opportunity. He thanked the FBO Selection Committee for allowing them to show the City of Ames what their company had to offer. When questioned by Coun. Quirmbach, Mr. Vust said testimonial letters regarding their service could be provided by the proposed public hearing date, and he would submit them to the City Clerk's Office. When questioned by Coun. Tedesco regarding what type of plane would be used for flight training, he said they would bring in whichever was most requested by the users. He said they would have a full maintenance facility. He said marketing on a national level, especially for 5 contract fuel, was what he felt was most needed at the airport. He said he would have some information to distribute to the Council regarding fuel provision. Coun. Quirmbach asked how Mr. Vust saw the needs of the Ames Airport changing over the next five years and how he proposed to meet those needs. Mr. Vust said as the Ames community grows, the airport needs to expand and grow with it. He said it would be important to make sure the industries in the community were aware of the services available to meet their needs. Chris Battle, 1620 Hickman, Des Moines, said she has been coming to the Ames Airport because of the service she has received from the current fixed base operator. She said she was a satisfied customer. She questioned the wisdom of entering into a five-year lease with someone new, as opposed to someone who has been there for a long period, is established, and already provides good service. She said she didn't understand the advisory committee, and said people were sabotaging some of the airport activities such as the Silent Knights glider group. She said that group should be looked at favorably as it increases activity at the airport. She said the recent remodeling should also bring in more activity. She added that she didn't understand how college students with one airplane could be ranked higher by the selection committee than the established FBO. Abe Epstein, 3517 Oakland, noted that he had written a letter to the Mayor and Council dated May 7, 1997. He said he has flown in many airports and has seen many FBOs. He said Ames has the best FBO he has ever seen. He said he has been President of the Silent Knights, the Ames glider club, for the past 7 years, and said the past two years have been full of difficult dealings with the City. He said throughout it all the current FBO had been great. He said he didn't understand how the selection committee could consider someone who has done as much for the Ames Airport as Mr. Westbrook has, and rank him last in the FBO review process. He said he had suggested that perhaps a mediator should be brought in to help improve the relationship between Mr. Westbrook and the City. He discussed concerns about the City's decisions on matters concerning the airport, such as the installation of the pavement west of Runway 13, and the decommission of the Non Directional Radio Beacon (NDB). He said that, as a citizen and tax payer, he objected to some of those decisions. He said he didn't understand the animosity between the City and Mr. Westbrook, and said his opinion about the FBO selection was "if it ain't broke, don't fix it." Ken Crickus, Cambridge, said he was a relatively new pilot. He said he has been totally happy with the service he has received with the current FBO, and noted that he has been less pleased with many other FBOs around the state. He said he would like to know how the change in FBOs may impact rates for services such as plane rentals and instruction. Chuck Bend, 230 Hickory Drive, said that he was a pilot and had seen a number of FBOs come and go. He said he has always received a plane that was well-maintained and has been happy with Hap's Air Service. He said, for example, that the repair of his hangar door was completed immediately upon his recent request. He said he appreciated the good job that Mr. Westbrook was doing. Jerry Hall, RR 4, said he flies a twin-engine plane out of the Ames airport. He said he learned to fly with instruction from Hap's Air Service and has purchased planes from Hap's. He said he has always received very fine service from Hap's. He said he relies on them to keep the planes in good working order, as he relies upon them for his business. He said he didn't know what has happened between Mr. Westbrook and the City, but as long as Hap was available to provide that service, he would use Hap's. He said he had previously written a letter to the City regarding another FBO candidate, because he had been told Mr. Westbrook was no longer in business. He said he had never received any correspondence from the City regarding what the FBO Selection Committee was doing. He said he felt that committee should have contacted users of the Ames Airport. He said he didn't think a new FBO was going to provide better service. Fred Miller, 2004 Grand, said he has been a user of the Municipal Airport for the last 18 years. He said he has had opportunity to do business with the current FBO and with other FBOs around the country. He said there have been times when, as a customer, he needed things at the Ames airport he was unable to get. He said he was a member of a group that submitted an FBO 6 proposal, and was not selected as one of the top candidates. He said, however, that the selection committee was very professional and he had nothing but good things to say about it. He also stated that the service Midwest has provided him at Sheldahl has been excellent. Jo Holland, 1147 Montana Lane, Boone, said she didn't understand why the City was even considering changing FBOs, when they were hearing from so many supporting Hap's Air Service. She said if there were problems with the current FBO, why couldn't the City discuss them with Hap and ask that they be corrected. David Slaughter, 2966 Monroe, said he had chaired the FBO Contract Review Committee. He said that in 1992, when the FBO lease had last been considered for renewal, there was no review process to follow. He said the committee had spent over a year developing the process for this year's lease consideration, and the process followed had been a fair one. He said the committee found that difference between the companies had to do with attitude: one's excitement and enthusiasm for what it would do as an FOB versus the current FBO focusing on what he would not do. He said the airport was different than it was 20 years ago. Robert Holden, 1106 Curtis, said he questioned how the selection committee could rank a person having 13 airplanes and trained personnel last over an individual who had nothing but plans. Robert Deppe, 3923 Fletcher Blvd., asked how a company with only a four-year track record could be considered over Hap's long service. Mr. Slaughter said Midwest Flying Services had shown a type of desire to take the airport into the future that hasn't been seen in the present FBO. Abe Epstein, 3517 Oakland, said the present FBO has been accused of having an attitude, but said he felt Mr. Westbrook has been beleaguered for the past seven years. He said the relationship between Hap and City Staff suffered when the Council approved renewal of the lease with Hap's Air Service in 1992 over the Staff's recommendation. He said he wondered whether the rift in that relationship has now been mended. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Tedesco, to adopt a resolution adopting revised operating standards for the Municipal Airport. Scott Smith, 2525 NW 71st Place, Ankeny, said he had corresponded with the Council in the past on his opinions of the FBO selection committee's action. He said he wished to discuss the proposed minimum standards for fueling and how it would affect Hap's Air Service. He said Mr. Westbrook had requested he research FAA guidelines and regulations related to self-fueling. He said as the not-selected FBO, Mr. Westbrook had questions about his ability to continue his business and to self-fuel his own airplanes. Mr. Smith said he has been in contact with the FAA central regional office regarding the proposed standards, which he believes are in violation of Federal Airport Requirement 5190.6(a). He said that Requirement specifically states that operating standards must be reasonable and equitable or the airport owner risks losing past, present, and future FAA funding. He said adopting standards that are not reasonable for everybody at the airport could jeopardize the City's federal funding for the Airport Master Plan and other projects. Public Works Director Paul Wiegand said the current FBO contract provides for the FBO to use the City's fueling facilities to market fuel. He said they have no regulations which prohibit others from dispensing fuel as long as they meet the safety standards. He stated that City staff has proposed adding requirements relative to underground storage of fuel and other items, due to safety considerations. The regulations do allow others to self-service their own facilities, but there is a restriction that it has to be for self-use only. Mr. Smith said, pending Council action on this resolution, he would file a complaint which 7 would then trigger an FAA investigation. He said requiring a 10,000 underground storage tank would be a financial burden for Mr. Westbrook. Public Works Director Wiegand reiterated that the proposed regulation dealt with people who were selling fuel. He said the FAA regulation Mr. Smith had quoted had the stipulation that "as long as aircraft operators do not attempt to offer commodities or services to others, they have the right to furnish their own supplies and do what is necessary to their aircraft in order to use the facilities of a publicly-owned airport.” Mr. Smith asked whether that would mean Mr. Westbrook would not have to put in a tank if he continued offering charter services and plane rentals. There was discussion regarding whether charter services and rentals constituted use of equipment rather than fuel. Public Works Director Wiegand said if Council wished to delay action on this item, Staff could clarify how the proposed standard would relate to charter service and aircraft rental. Motion by Tedesco, Second by Wirth, to table action on the proposed minimum standards for the Municipal Airport to the Special Council meeting of May 20, 1997, and request clarification from Staff regarding how the proposed standards would relate to charter service and aircraft rental. Vote on Motion: 6-0. Motion declared carried unanimously. 1997/98 NEIGHBORHOOD IMPROVEMENT PROGRAM: City Manager Steve Schainker said during previous discussions of the Neighborhood Improvement Program, the Council had requested revisiting the Program Guidelines concerning projects occurring on School District property and regarding projects that were already completed. Motion by Tedesco, Second by Campbell, to consider these two issues separately. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-236 amending the Neighborhood Improvement Program Guidelines to stipulate that projects already started or completed will not be considered for funding through this program. Coun. Quirmbach asked for clarification that this would not pertain to ongoing projects involving several phases, wherein each phase might be considered as a separate project. Coun. Tedesco said the intent of the motion was that in projects where there were a sequence of phases, funding could be applied for at the beginning of each phase. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to table issue of Program Guidelines regarding projects occurring on School District-owned property, and direct Staff and the School Liaison Committee to discuss the issue with representatives from the School District. Coun. Quirmbach said he would like the discussions to include assurance of accessibility of any project the City helped fund to the general public outside of normal school hours. Vote on Motion: 6-0. Motion declared carried unanimously. RECESS: Mayor Pro Tem Parks declared a recess at 9:00 p.m. RECONVENE: The Regular Meeting reconvened at 9:03 p.m. APPEAL OF HISTORIC PRESERVATION COMMISSION DECISION REGARDING PROPERTY AT 705 CLARK: Mayor Pro Tem Parks noted he had requested a copy of City Attorney John Klaus's memo dated April 22, 1997, to Mayor Curtis clarifying the Council's role in this process be distributed to the Council. Attorney Klaus reviewed the memo which stated the Council's review is limited to two questions: 1) Has the Historic Preservation Commission 8 followed the ordinance?, and 2) Did the Commission make a discretionary judgment in a "patently arbitrary or capricious" manner? He said if the Council determined the latter, they should send the matter back to the Commission with instructions as to how they feel the Commission has erred. He noted the Council's action did not include overrule of the Commission. Dale Sharp, 618 Douglas, reviewed the written comments he had submitted to the Council, entitled "Outline for Appeal of G. Harold & Joan K. Newell." City Planner Ray Anderson reviewed the Staff Report. The Council discussed the Historic Preservation Commission's decision to deny a Certificate of Appropriateness for the use of vinyl siding and polystyrene shutter materials on the property at 705 Clark. There was much discussion about the Historic Preservation District ordinance and how the design standards applied to the request for use of vinyl siding in this instance. The Council discussed with Mr. Sharp and with Mr. Anderson the criteria for use of historic materials and how they applied in the "new construction" area versus the "alteration area." There was discussion regarding the composition of "substitute" materials. There was much discussion regarding how these standards apply in instances where a structure is demolished or destroyed. Motion by Quirmbach to overrule the Historic Preservation Commission's decision to deny Certificate of Appropriateness on the basis that the Commission failed to consider the costs and benefits involved in the use of vinyl siding, and direct the Commission to reconsider the matter on those and other grounds. The Motion Failed for lack of a Second. Motion by Wirth, Second by Hoffman, to deny the appeal of the Historic Preservation Commission's decision. Joan Newell, P.O. Box 328, said she no longer has a home address to give, due to the fire that destroyed their home. She said her husband and she want to build a nice building. She said there would be a cost and maintenance issue if they had to peel the paint off the back portion of what's left of the building, and said Ames should be in the forefront of trying to get all lead-based paint covered with another material. Vote on Motion: 3-3. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Parks, Quirmbach, Tedesco. Mayor Pro Tem Parks voted Nay to break the tie. Motion to deny declared Failed 3-4. There was discussion regarding revisiting the Historic Preservation Ordinance and definitions within the ordinance. Motion by Tedesco, Second by Campbell, to reconsider the previous Motion to Deny. Vote on Motion: 4-2. Voting Aye: Campbell, Hoffman, Tedesco, Wirth. Voting Nay: Parks, Quirmbach. Motion to Reconsider declared carried 4-2. Vote on Reconsideration of Motion to Deny the Appeal: 4-2. Voting Aye: Campbell, Hoffman, Tedesco, Wirth. Voting Nay: Parks, Quirmbach. Motion to Deny Appeal declared carried 4-2. PLANNED UNIT DEVELOPMENT PLAN FOR NORTHERN LIGHTS SUBDIVISION: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 97-237 approving Planned Unit Development Plan for Northern Lights Subdivision, with stipulations. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING PROPERTY LOCATED IN NORTHERN LIGHTS SUBDIVISION: Motion by Wirth, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3429 rezoning property generally located South of Bloomington 9 Road, West of Grand Avenue, and North of Wheeler Avenue (Northern Lights Subdivision) from R-2 (Low-Density Residential) and R-3 (Medium-Density Residential) to R-2 with Planned Unit Development Overlay Designation, R-3 with Planned Unit Development Overlay Designation, and P-C (Planned-Commercial). Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ISSUANCE OF NOT TO EXCEED $5,600,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1997A: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Quirmbach, Second by Hoffman, to adopt RESOLUTION NO. 97-238 determining to proceed with the sale and issuance of General Obligation Corporate Purpose Bonds, Series 1997A, in the amount of $5,460,000, setting June 10, 1997 as date of sale, and providing for the advertisement of such sale. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CY-RIDE BUS TURNAROUND PROJECT: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Quirmbach, Second by Hoffman, to adopt RESOLUTION NO. 97-239 approving final plans and specifications and awarding contract to Manatt’s, Inc., in amount of $95,142.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VET MED SUBSTATION CONTROL BUILDING: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 97-240 approving final plans and specifications and awarding contract to Electrical Power Projects, Inc., of Des Moines, in amount of $49,197.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ELWOOD DRIVE BIKE PATH: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-241 approving final plans and specifications and awarding contract to Manatt's, Inc. in the amount of $56,409.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1996/97 WATER PROGRAM NO. 1: Mayor Pro Tem Parks declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-242 approving final plans and specifications and awarding contract to Ames Trenching and Excavating, Inc., in amount of $309,004.40. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 10 HEARING ON FREEL DRIVE SANITARY SEWER PROJECT: Mayor Pro Tem Parks declared the public hearing open. He noted he would open both public hearings, but individuals could testify regarding the Freel Drive Sanitary Sewer Project and the Freel Drive Sanitary Sewer Lift Station Project at the same time if they wished. Jerry Rogers, 315 Freel Drive, said he was opposed to this project and to the lift station project. He said this was not the typical development area that might normally be installing a sewer. He said he had lived there for 30 years without facilities, and had paid property taxes every year. He said for an area that had been in existence this long, it was the City's responsibility to provide for the sewer. He said if the sewage treatment facilities and the elevations for the existing sewer require a lift station, that was the City of Ames' problem. He said eliminating the lift station project would greatly reduce the assessment of property owners. He said many things were needed in this area, and this was the least one of them. He questioned if other alternatives had been considered, such as placing the sewer line in another area rather than under the middle of the street. He said Freel Drive is now connected by SE 5th Street, which may be of an elevation which would allow a gravity sewer to run in the other direction. He said such alternatives should be considered. He said the citizens in the area would be better served by completion of the paving and storm sewer provisions that would keep water from pooling on the newly-paved portion of the road. He said his assessment amounts to a little more than 10% of the value of his property. He said they've been struggling to survive in this area for the last 30 years, and this may be the last straw that causes him to go elsewhere. Mildred Lange, 1518 E. Lincoln Way, said she didn't know why her husband and she were included in this project because they don't live on Freel Drive. She said she had talked to Staff and had been told the letter and $30,000 assessment against their property was a "mistake." She said they were in a flood plain. She said they were told they could apply for an agricultural deferment, but said she knew they would still have to pay the assessment some day. She said she questioned the benefit to their farm. She noted they now have a septic tank, and asked if they would have to hook up to the sanitary sewer if there was any problem with the septic tank. She asked whether there was a sanitary sewer on both the north and south of East Lincoln Way, and noted there was one to the west of their property. She said she didn't want the proposed lift station that close to her house. She questioned how Ross Steamway put in a sanitary sewer connection under East Lincoln Way to connect to the north of East Lincoln Way. She asked why Staff was proposing this sanitary sewer to run to the west and not the southeast. Lawrence Roden, 314 Patricia Drive, said he owned property on Freel Drive. He said he was pleased to see the City responding to a need they have on Freel Drive, and said he felt the sanitary sewer project would enhance the economic development of this area. He said it was the gateway of Ames on the east. He said he realized there was concern regarding the uncertainty of the final cost of the project. He said it had been his experience that if the project were let, it might possibly come in less than the anticipated cost. He said he agreed with Ms. Lange regarding the lift station. He said it was not the property owners' fault that the existing system was inadequate to handle this sewage, and the property owners should not bear the responsibility of paying for this pump. He said the City should bear the cost. He said it was also important to remember that as a result of economic development in this area, the tax base would increase significantly. He said that was another reason the City should pick up a larger portion of this expense. He said he was also curious about the interest rate. He said he'd been in other meetings where the City was able to find money available at 2 or 3/12% interest rate, and he questioned why the 5.5% rate was proposed for this project. He said property owners should pay the same rate, and the City should not make a profit on this. He said he also agreed the area could use storm sewer facilities and street paving more than the sanitary sewer. He said that, unfortunately, five years ago they had a proposed assessment for street, storm sewer, etc., and it was far less than what was now proposed for just the sanitary sewer. He said if the City was going to put in storm sewers and pave streets after this project it would be really expensive. He said they need the sewer, and would like to have the street paved as well, but if the cost was going to be this high, he'd have to rethink it. Charles Bell, 306 Forest Avenue, Dawes, Iowa, said he operates Bell Salvage on Freel Drive. He said he agreed they need the sewer, but not at these prices. He said he has eight lots in the area, and it would cost him $520/month just to have a toilet. He said he wanted to have the sewer, and 11 wanted to upgrade the community. He said of all the property owners, he was the only one who could hook up to the existing sewer on SE 5th Street, but he said he was part of the Freel Drive business community and wanted that community to develop and to come up to the times. He said City Staff should be able to come up with a more creative solution to this problem, perhaps something that would include federal or state aid. He said Story County should have required the City make these improvements to the area before it allowed the City to annex it. He said the City of Ames took this area in for a tax base in the 1970's, and it was now time to pay the price for doing so. He said he wanted sewer and paved streets, but at reasonable prices. He said this price would put his properties out of the marketable price range. He said logic tells him Freel Drive will be extended to SE 5th Street at some point in the future, and he questioned why Staff had not proposed extending the sanitary sewer in that direction. Everett Freel, 210 Freel Drive, said he was in favor of a sanitary sewer being installed in this area 20 years ago. He said he was told at that time that the sewer would be installed within 6 months. He said he felt a sanitary sewer was needed, bu felt the City should pay for the lift pump. Kenneth Howe, 230 Washington, said he had recently purchased two lots at the end of Freel Drive, Lots 25 and 26. Based on his calculations, he felt those lots would increase in price by approximately 40% if this assessment project was approved. He said he had so recently purchased these lots that he didn't receive the notice of public hearing and preliminary assessment. He said he objected to the economics of this proposed project. He said he failed to see how the project would benefit his properties. Motion by Tedesco, Second by Campbell, to continue the public hearing on the Freel Drive Sanitary Sewer Project to the May 27, 1997, City Council meeting, and directing Staff to look at some creative solutions for funding the sanitary sewer lift station proposed for this area. Vote on Motion. 6-0. Motion declared carried unanimously. HEARING ON FREEL DRIVE SANITARY SEWAGE LIFT STATION PROJECT: Mayor Pro Tem Parks declared the public hearing open. Motion by Tedesco, Second by Campbell, to continue the public hearing on the Freel Drive Sanitary Sewer Lift Station Project to the May 27, 1997, City Council meeting, and direct Staff to look at some creative solutions for funding the sanitary sewer lift station proposed for this area. Vote on Motion. 6-0. Motion declared carried unanimously. HEARING ON REZONING OF PROPERTY GENERALLY LOCATED EAST OF SOUTH DUFF AVENUE, NORTH OF JEWEL DRIVE, AND WEST OF OPAL DRIVE: Mayor Pro Tem Parks declared the public hearing open. Jami Larson, 3321 Ridgetop, noted he had written to the Council requesting a suspension of the three readings of this ordinance, to allow his company to complete the land purchase and proceed with the construction of an addition to their building. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to pass on first reading an ordinance rezoning property generally located east of South Duff Avenue, north of Jewel Drive, and west of Opal Drive from A-1 (Agricultural) to G-I (General Industrial), from A-1 to G-c (General Commercial), from P-C (Planned Commercial) to G-I, and from R-3 (Medium Density Residential) to G-I. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Hoffman, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Hoffman, to pass on second and third readings and adopt 12 ORDINANCE NO. 3432 rezoning property generally located east of South Duff Avenue, north of Jewel Drive, and west of Opal Drive from A-1 (Agricultural) to G-I (General Industrial), from A-1 to G-C (General Commercial), from P-C (Planned Commercial) to G-I, and from R-3 (Medium Density Residential) to G-I. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CROSS-CONNECTION CONTROL PROGRAM: Motion by Quirmbach, Second by Wirth, to adopt a Resolution assessing fees for funding the Cross-Connection Control Program to the customers installing containment devices. Coun. Campbell called the Question. Roll Call Vote: 2-4. Voting Aye: Quirmbach, Wirth. Voting Nay: Campbell, Hoffman, Parks, Tedesco. Resolution declared Failed 2-4. Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 97-243 authorizing funding the Cross Connection Control Program from the Water Fund. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Quirmbach. Resolution declared adopted 5-1, signed by the Mayor, and hereby made a portion of these minutes. Motion by Wirth, Second by Campbell, to pass on second reading an ordinance amending the Municipal Code to provide for implementation of a Water Cross-Connection Control Program as part of the Plumbing Regulations. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3433 amending the Municipal Code to provide for implementation of a Water Cross-Connection Control Program as part of the Plumbing Regulations. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR LIME SLUDGE TRANSFER PROJECT: Motion by Campbell, Second by Wirth, to adopt RESOLUTION NO. 97-244 authorizing negotiation of change order to Lime Sludge Transfer Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AWARD OF CONTRACT FOR CUSTODIAL SERVICES FOR AMES CITY HALL: Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-245 accepting bids and awarding a contract to K.B. Cleaning for custodial services for Ames City Hall. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING CODE REGARDING SIDEWALK CLEARANCES FOR SIDEWALK CAFES: Motion by Tedesco, Second by Quirmbach, to remove from Table consideration of ordinance amending the Municipal Code regarding sidewalk clearances for sidewalk cafes. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Quirmbach, Second by Campbell, to pass on first reading an ordinance amending Ames Municipal Code Section 22.4(e) regarding sidewalk clearances for Temporary Obstructions. Roll Call Vote: 6-0. Motion declared carried unanimously. 13 ORDINANCE DESIGNATING PARKING PROHIBITIONS IN NORTHRIDGE PARKWAY SUBDIVISION, 15TH ADDITION: Motion by Hoffman, Second by Tedesco, to pass on first reading an ordinance designating parking prohibitions on certain streets in the Northridge Parkway Subdivision, 15th Addition. Roll Call Vote: 6-0 . Motion declared carried unanimously. ORDINANCE REVISING MUNICIPAL CODE REGARDING STORM WATER UTILITY CHARGE: Motion by Hoffman, Second by Tedesco, to pass on second reading an ordinance revising Municipal Code regarding storm water utility charge. Roll Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS ON JEWEL DRIVE: Motion by Hoffman, Second by Tedesco, to pass on second reading an ordinance designating parking prohibitions on both sides of Jewel Drive from Duff Avenue to Opal Drive, and on the west side of Opal Drive from Jewel Drive to Patricia Drive. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING WATER RATES AND CHARGES: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance amending the Municipal Code for the purpose of revising water rates and charges. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING CODE FOR PURPOSE OF MAKING TEMPORARY AND PORTABLE SIGNS CONTENT NEUTRAL: Motion by Wirth, Second by Quirmbach, to pass on third reading and adopt ORDINANCE NO. 3430 amending Municipal Code for the purpose of making temporary and portable signs content neutral. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING ALTERNATE SIDE PARKING PROHIBITION ON KELLOGG FROM 11TH STREET TO 12TH STREET: Motion by Hoffman, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3431 designating an alternate side parking prohibition on Kellogg Avenue from 11th Street to 12th Street. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Quirmbach, Second by Hoffman, to request report from Staff regarding snow removal on the Bloomington Road bike path, including how frequently the path gets cleared. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Campbell, Second by Wirth, to refer to Staff letter from Barry Nadler regarding modifications to the sign ordinance for proposed sign at Story County Bank & Trust. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to refer to Staff request to extend turn arrow for south bound traffic on Stange Road wanting to turn east onto 13th Street. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Tedesco, to request from Staff report on which Boards and Commissions are required by local ordinance, which by State Code, and the approximate amount of Staff time required for each Board and Commission. Vote on Motion: 6-0. Motion declared carried unanimously. Coun. Wirth said it would soon be time to begin thinking about the Third Annual Gingko Festival, and whether Council was interested in participating in the virtual parade again with ice cream floats. There appeared to be consensus to place this item on a future Council agenda. Motion by Tedesco, Second by Campbell, to request from the Historic Preservation 14 Commission a clarification and broadening of the definition of "substitute material," particularly as it pertains to destroyed or demolished properties, and report back to the Council as soon as possible. Coun. Wirth asked if the intent of the motion was to review and report back, not suggest that vinyl siding be included as a substitute material. Coun. Tedesco said that was his intent. Coun. Wirth said it was important to let other property owners in the Historic Preservation District know this matter is going to be considered, and not rush the process so much that notification did not occur. There appeared to be consensus that the Commission should report back to the Council at either the June 10 or June 24 Council meeting. ADJOURNMENT: The Regular meeting adjourned at 11:40 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor