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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/10/1997MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA JUNE 10, 1997 The Ames City Council met in regular session at 7:00 p.m. on the 10th day of June, 1997, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry R. Curtis presiding, and the following Council members present: Campbell, Hoffman, Parks, Quirmbach, Tedesco, and Wirth. CALL TO ORDER: 7:00 p.m. PROCLAMATION FOR NATIONAL HOME OWNERSHIP WEEK: Mayor Curtis read a proclamation designating the week of June 7-14, 1997 as National Home Ownership Week. Bill McNarney, Director of the Des Moines HUD Office, and City of Ames Housing Coordinator Vanessa Baker-Latimer were present to accept the proclamation. CONSENT AGENDA: Motion by Hoffman, Second by Quirmbach, to approve the following items on the Consent Agenda: 1.Motion to approve payment of claims 2.Motion to approve Minutes of the Special Meeting of May 20 and of the Regular Meeting of May 27, 1997 3.Motion to approve renewal of the following beer permits and liquor licenses: a.Class B Liquor - Holiday Inn Gateway Center, U.S. 30 and Elwood Drive b.Class C Liquor - Iowa State Memorial Union, ISU Campus c.Class C Liquor - Hickory Park Restaurant, 1404 S. Duff 4.RESOLUTION NO. 97-280 adopting new and revised fees for the City of Ames 5.RESOLUTION NO. 97-281 accepting bids and awarding contract for equipment for Wide Area Network for Information Services 6.RESOLUTION NO. 97-282 accepting bids and awarding contract for Liquid Carbon Dioxide Requirements for Water Plant 7.RESOLUTION NO. 97-283 accepting bids and awarding contract for Pebble Lime Requirements for 1997-98 Water Treatment 8.RESOLUTION NO. 97-284 approving preliminary plans and specifications for 1997/98 Concrete Repair Program; setting July 2, 1997 as bid due date and July 8, 1997 as date of hearing and award of contract 9.RESOLUTION NO. 97-285 approving contract and bond for Mortensen Road CyRide Turnaround Project 10.RESOLUTION NO. 97-286 approving contract and bond for Elwood Drive Bike Path Project 11.RESOLUTION NO. 97-287 approving contract and bond for 1996-97 Water Program No. 1 12.RESOLUTION NO. 97-288 accepting completion of Electric Distribution Work Center Roof Replacement Project 13.RESOLUTION NO. 97-289 proposing vacation of right-of-way of portion of South Riverside Drive/Highway 30; setting June 24, 1997 as date of public hearing (AgLeader Technology) 14.RESOLUTION NO. 97-290 proposing conveyance of excess right-of-way on South Riverside Drive/Highway 30; setting June 24, 1997 as date of public hearing (AgLeader Technology) 15.RESOLUTION NO. 97-291 approving release of deferred real estate mortgage for property located at 712 Ken Maril Road in connection with City's Phase I Affordable Housing Program 16.RESOLUTION NO. 97-292 approving release of deferred real estate mortgage for property located at 5413 Schubert in connection with the City's Phase III Affordable Housing Program 17.RESOLUTION NO. 97-293 approving Change Order No. 1 for Water Plant Lime Sludge Transfer Project Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, 2 and hereby made a portion of these minutes. PUBLIC FORUM: No one came forward to speak at this time. SALE AND ISSUANCE OF $5,460,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS: Mayor Curtis noted there had been a request to change the order of the agenda to allow the City’s financial consultant to present this information to Council before leaving to catch a flight to Denver yet this evening. Dave Dirks, Evensen Dodge, noted the Council had received a copy of the Report of Bids from today's sale of $5,460,000 General Obligation Corporate Purpose Bonds, Series 1997A. He said of the six bids received, Staff and the financial consultants were recommending award to Harris Trust & Saving Bank & Associates of Chicago in the amount of $5,405,444.85 with a net interest cost of $1,671,145.15 and a net interest rate of 4.7495%. Mr. Dirks noted the Council had received a copy of a June 9, 1997 press release from Moody’s Investors Service stating the general obligation bond rating for the City of Ames has been upgraded to Aaa from Aa1. He said only 48 cities in the country have an Aaa rating from Moody’s, which is the most conservative of the rating agencies, with Iowa City and Cedar Rapids being the only other two Iowa cities with that rating. He said reasons for the upgraded rating include the City’s adoption of such policies as the maintenance of solid General Fund reserve levels, the use of a local option sales tax to enhance revenues, and the diversification of the industrial and commercial tax base in Ames. He said the upgrade means the City will be paying about $38,000 less in interest on this issue. Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 97-294 providing for the sale and issuance of $5,460,000 General Obligation Corporate Purpose Bonds, Series 1997A, and providing for the levy of taxes to pay the same. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUESTS FROM AMES JAYCEES FOR "SPARK THE SPIRIT" ACTIVITIES: Motion by Tedesco, Second by Parks, to approve request for 5-day Class B Beer and Outdoor Service Area permit for Ames Jaycees “Spark the Spirit” event in Brookside Park. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Parks, to approve Jaycees’ request for reimbursement for electric power generator rental. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Parks, to approve request for fireworks permit for July 4, 1997 at 9:00 p.m. at Stuart Smith Park, with alternate dates of July 5 or 6. Vote on Motion: 6-0. Motion declared carried unanimously. OUTDOOR SERVICE AREA PERMIT FOR CAZADOR MEXICAN RESTAURANT: Motion by Campbell, Second by Hoffman, to approve request for new Outdoor Service Area permit for Cazador Mexican Restaurant, 127 Dotson. Vote on Motion: 6-0. Motion declared carried unanimously. REPLACEMENT OF EDWARDS ELEMENTARY SCHOOL TEMPORARY STOP CONTROL AT WOODLAND STREET/WESTWOOD DRIVE INTERSECTION: Mayor Curtis noted the Council’s action on this item this evening would be a referral to the City Attorney for preparation of an ordinance. He said the ordinance itself would be considered at a subsequent meeting, and public input would be also entertained at that time. Ron Meals, 2715 Pierce Avenue, Principal of Edwards School, reviewed how the school, the PTO, and the City had worked cooperatively last summer to designate a school bus drop-off area and an area for parents dropping off school children, as well as implementing a School Safety Patrol. He said the temporary stop signs at this intersection have been an issue for a number of 3 years. He said City Staff have indicated the temporary stops are not the best solution to the problem, although they have served the school’s needs appropriately. He said therefore, the PTO and school recommend permanent stop controls be placed at this intersection. He noted his letter dated June 2, 1997 as contained in the Staff Report, describes this intersection as irregular, since Westwood Drive jogs to the east and results in two offset T intersections. He said the west T intersection is very complicated and potentially dangerous. He noted the Council had received petitions signed by citizens in support of two permanent stop signs to replace the temporary controls, and urged the Council to approve that alternative. Debbie Ramey, 425 Hilltop Road, submitted additional petition signatures of citizens supporting the addition of two permanent stop signs to the west T intersection of Westwood Drive and Woodland Street to create a three-way stop near the school. She said she had supervised the Edwards Safety Patrol for the past year, and was the Edwards PTO Safety Chair. She said the intersection is a confusing, irregular corner, which may have no documented accidents, but has been a contributing factor in several “near misses” between students and autos. She said without stop signs, it would be more difficult and dangerous for the School Safety Patrol to work, as the Woodland traffic would not stop. She said they were asking that the permanent stop for east bound traffic on Woodland be in the same position as the current temporary stop, but that the other permanent stop be placed on the north edge of Woodland Street, 75 feet west of the present temporary stop for west bound traffic. Traffic Engineer Scott Logan reviewed the staff report, saying this was a difficult intersection to evaluate. He said because the intersection does not meet warrants regarding accidents and traffic volumes, Staff has looked at alternatives to the temporary stops, such as replacing them with flashing beacons as was done at Duff Avenue and O’Neil. Motion by Hoffman, Second by Quirmbach, to approve the Edwards School PTO and administration’s request to replace the temporary stop sign at the Woodland Street/Westwood Drive intersection with a permanent multi-way stop control placed on the west Woodland/Westwood intersection approach, and directing the City Attorney to draft an ordinance designating a “15-minute” passenger loading zone along the west side of Westwood Drive from Woodland Street south 400 feet to the south driveway of the parking lot. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON SALE OF EXCESS CITY PROPERTY (OUTLOT B, BLOOMINGTON HEIGHTS SUBDIVISION, AND OUTLOT B, BLOOMINGTON HEIGHTS SUBDIVISION, PLAT 2) TO STONEBROOKE COMMUNITY CHURCH: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Quirmbach, to adopt RESOLUTION NO. 97-295 approv ing convey ance of Outlot B, Bloomi ngton Height s Subdiv ision and Outlot B, Bloomi ngton Height s 4 Subdiv ision, Plat 2 to StoneB rooke Comm unity Church and authori zing quit claim deed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ORDINANCE VACATING EXCESS RIGHT-OF-WAY AT GEORGE WASHINGTON CARVER BLVD. AND BLOOMINGTON ROAD: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Hoffman, to pass on first reading an ordinance vacating excess right-of-way at George Washington Carver Blvd. and Bloomington Road. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Campbell, to pass on second and third readings and adopt ORDINANCE NO. 3440 vacating excess right-of-way at George Washington Carver Blvd. and Bloomington Road. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED SALE OF EXCESS RIGHT-OF-WAY LAND AT GEORGE WASHINGTON CARVER BOULEVARD AND BLOOMINGTON ROAD TO NORTHRIDGE SUBDIVISION DEVELOPERS: Mayor Curtis 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. 97-296 approving conveyance of excess right-of-way land at George Washington Carver Boulevard and Bloomington Road to Northridge Subdivision developers and authorizing quit claim deed. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1997-98 CYRIDE RECONSTRUCTION PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Wirth, to adopt RESOLUTION NO. 97-297 approving final plans and specifications and awarding contract to Manatt's, Inc. of Ames in the amount of $446,602.16. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1997-98 ASPHALT RESURFACING PROJECT: Mayor Curtis declared the 5 public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Quirmbach, to adopt RESOLUTION NO. 97-298 approving final plans and specifications and awarding contract to Manatt's, Inc. of Ames in the amount of $563,558.52. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON HARD SURFACE TRAIL SYSTEM FOR PARKS AND RECREATION DEPARTMENT: Mayor Curtis 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. 97-299 approving final plans and specifications and awarding contract to Manatt's, Inc. of Ames in the amount of $34,111.25. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HY-VEE SITE PLAN: Motion by Tedesco, Second by Hoffman, to table this issue to June 24, 1997 Council meeting, to allow Staff to continue negotiations with Hy-Vee, the Department of Transportation, and property owners involved to try to reach a resolution of the issues involved. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM XENIA RURAL WATER DISTRICT TO PROVIDE SERVICE TO TIMBER CREEK DEVELOPMENT: Motion by Campbell, Second by Wirth, to deny request from Xenia Rural Water District to purchase water from the City of Ames for the Timber Creek Development. Dickson Jensen, 2024 Prairie View East, said he represented the homeowners in the Timber Creek area. He said City Staff had previously discouraged the homeowners from applying for annexation to the City, saying this was not an area the City had designated for residential development. He said they were not an actual “subdivision,” but rather were acreages with eight independent owners. He described how the group had requested purchasing water from Xenia Rural Water District, distributing a copy of a document from that District, entitled “Job Estimate, April 9, 1997.” He said the homeowners had first been told the work could be completed by June 15, 1997, but were then told at the end of May that Xenia would not be able to provide them with water. He said they had received conflicting answers to their questions of why the water could not be supplied, but the overwhelming reason seemed to be that the City did not wish to encourage residential development in close proximity to the municipal airport. He said he disagreed with the theory that by providing the water to Xenia, the City would be promoting residential growth in this area. He said the eight homeowners wished to be good neighbors, but couldn’t be due to the City’s “strong arm denial” of their request. Assistant City Manager Bob Kindred said Xenia Rural Water District had discussed with Staff the following two issues regarding the homeowners’ request: 1) the costs involved in purchasing the water from the City, and 2) whether the City Council would grant approval of the sale of water for this purpose. He said Xenia representatives had told Staff that if they wished to pursue this request, they would submit a written request to the City Council. He said that request had not as yet been received. Vote on Motion: 6-0. Motion declared carried unanimously. REPORT ON REVIEW OF CLASSIFICATION OF STRUCTURE AT 705 CLARK AVENUE UNDER HISTORIC PRESERVATION ORDINANCE: City Planner Ray Anderson reviewed the Staff report. The Council members asked questions about the current procedure for reclassification, and there was discussion that the Historic Preservation ordinance itself does not address classification of separate properties. 6 Motion by Wirth, Second by Parks, to declare structure remaining at 705 Clark Avenue as a “non-contributing” structure, under the City’s Historic Preservation Ordinance, and to direct Staff and the Historic Preservation Commission to devise an appropriate process for reclassification of structures in the City’s Historic District. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Tedesco, Second by Parks, to direct the City Attorney to prepare an amendment to the Historic Preservation Ordinance to allow vinyl siding on new construction in the City’s Historic Preservation District. There was discussion of whether the intent of the motion was to allow vinyl siding on new construction in the District, under normal building conditions. The Motion and Second were withdrawn. Motion by Tedesco, Second by Parks, to direct the City Attorney to prepare an ordinance to allow the use of vinyl siding in the City’s Historic Preservation District when new construction is necessary due to total destruction of the structure by fire, tornado, or another similar catastrophe. Coun. Tedesco said the intent of the motion was to narrow its scope to “non-normal” building situations where catastrophe exists and homeowners may not have the financial wherewithal to rebuild using “historic” materials. There was discussion that this proposed ordinance would go through the usual process of review by the Historic Preservation Commission before coming to the Council. Planning and Housing Director Brian O’Connell said a special meeting of the Commission may be called to review the ordinance. Coun. Wirth said she would support sending this proposal to the Historic Preservation Commission, but wanted the record to show that didn’t necessarily mean she would support the ordinance when it came before the Council for approval. Vote on Motion: 6-0. Motion declared carried unanimously. TRAFFIC SAFETY IMPROVEMENT PROGRAM GRANT AGREEMENT FOR EAST 13TH/DAYTON AVENUE INTERSECTION: Motion by Quirmbach, Second by Wirth, to adopt RESOLUTION NO. 97-300 approving Traffic Safety Improvement Program (TSIP) grant agreement for East 13th/Dayton Avenue Intersection Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. USTEP AND TSIP GRANTS FOR WHEELER/GRAND AND 30TH/DUFF/GRAND TRAFFIC SIGNAL PROJECTS: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 97-301 approving Urban State Traffic Engineering Program and Traffic Safety Improvement Program grants for Wheeler/Grand and 30th/Duff/Grand Avenue Traffic Signal Projects. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING LAND GENERALLY LOCATED ON CITY OF AMES MUNICIPAL AIRPORT PROPERTY FROM A-1 (AGRICULTURAL) TO P-I (PLANNED-INDUSTRIAL): Motion by Parks, Second by Quirmbach, to pass on second reading an ordinance rezoning land generally located on City of Ames Municipal Airport property from A-1 (Agricultural) to P-I (Planned-Industrial). Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REVISING MUNICIPAL CODE TO ESTABLISH DEADLINE FOR REQUESTING RETIREMENT UNDER EXISTING UTILITY RETIREMENT DEFINED BENEFIT PLAN: City Attorney John Klaus noted a revised form of this proposed ordinance, which was more specific in terms of setting a deadline for application for retirement and for the cutover from the defined benefit program, had been distributed to the Council this 7 evening. Motion by Quirmbach, Second by Parks, to pass on first reading an ordinance revising the Municipal Code to establish a deadline for requesting retirement under the existing Utility Retirement Defined Benefit Plan. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Parks, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3439 revising the Municipal Code to establish a deadline for requesting retirement under the existing Utility Retirement Defined Benefit Plan. 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: Coun. Campbell noted the Council had previously received a letter from Dickson Jensen regarding the City’s policy on funding infrastructure improvements in Priority Growth areas as defined in the to-be-adopted Land Use Policy Plan. She said she did not believe the City was in a position to act on his request at this time. City Manager Steve Schainker said it was possible the Staff could bring a report to the Council at their June 24 meeting on the general impact of the proposed Capital Investment Strategy. Motion by Campbell, Second by Tedesco, to place report from Staff on general impact of proposed Capital Investment Strategy on the June 24, 1997 City Council agenda. Vote on Motion: 6-0. Motion declared carried 6-0. Coun. Parks said he wished to compliment City Manager Steve Schainker on his recommendations to the Council on fiscal policies. He said the City’s upgraded bond rating from Moody’s was partially due to Mr. Schainker’s good stewardship. ADJOURNMENT: The Regular meeting adjourned at 8:44 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor