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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/09/1997MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL CITY OF AMES, IOWA SEPTEMBER 9, 1997 The Ames City Council met in regular session at 7:00 p.m. on the 9th day of September, 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 and Tedesco. Coun. Wirth was absent. CALL TO ORDER: 7:00 p.m. PROCLAMATION FOR CONSTITUTION WEEK: Mayor Curtis read a proclamation designating the week of September 17-23, 1997 as "Constitution Week" within the City of Ames. Virginia Roth was present to accept the proclamation on behalf of the Daughters of the American Revolution. CONSENT AGENDA: Motion by Hoffman, Second by Parks, to approve the following items on the Consent Agenda: 1. Motion to approve payment of claims 2. Motion to approve Minutes of the Regular Meeting of August 26 and Special Meeting of September 5, 1997 3. Motion to approve renewal of the following beer permits and liquor licenses: a. Class C Liquor - Mandarin Restaurant, 415 Lincoln Way b. Class B Beer - Long John Silver's Seafood Shop, 533 Lincoln Way c. Class C Liquor - The Corner Pocket, 125 Main d. Special Class C Liquor - Le's Vietnamese Restaurant, 113 Colorado e. Class C Liquor and Outdoor Service Area - Hunky Dory's, 300 S. 17th Street 4. RESOLUTION NO. 97-455 approving Annual Street Finance Report for 1997 5. RESOLUTION NO. 97-456 approving Final Plat for Bloomington Hts., Plat 6 6. RESOLUTION NO. 97-457 accepting bids and awarding contract for purchase of medium rock salt for 1997-98 Ice Control Program 7. RESOLUTION NO. 97-458 accepting bids and awarding contract for Power Plant chemicals 8. RESOLUTION NO. 97-459 approving preliminary plans and specifications for Well No. 14A Project; setting October 2, 1997 as bid due date and October 14, 1997 as date of hearing and award of contract 9. RESOLUTION NO. 97-460 approving preliminary plans and specifications for Water Treatment Plant Mechanical and Electrical Renovation Project; setting October 7, 1997 as bid due date and October 14, 1997 as date of hearing and award of contract 10. RESOLUTION NO. 97-461 approving contract and bond for South Riverside Drive Twin Box Culvert Project 11. RESOLUTION NO. 97-462 accepting completion of 1996/97 Bridge Rehabilitation Program 12. RESOLUTION NO. 97-463 accepting completion of 1997/98 Slurry Seal Program 13. RESOLUTION NO. 97-464 accepting/rejecting offer of settlement in S.E. 16th Street Paving Project Special Assessment suit 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 came forward to speak at this time. NEW CLASS C LIQUOR LICENSE FOR THE LONG SHOT: Motion by Hoffman, Second by Quirmbach, to approve new Class C Liquor License for The Long Shot, 2900 West Street. Vote on Motion: 5-0. Motion declared carried unanimously. AMES HIGH HOMECOMING COMMITTEE REQUESTS: Motion by Tedesco, Second by Parks to adopt RESOLUTION NO. 97-465 approving request for temporary closure of portions of 5th Street and Main on September 22, 1997 for AHS Homecoming Parade, with the stipulation that the Homecoming Committee provide adults to staff City-provided barricades at 13 locations along the proposed route to block traffic movements during the event. Marilyn Finn, Parent Chair of AHS Homecoming Parade Committee, said she was present to answer any questions the Council might have. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 97-466 approving request for prohibition of parking around Bandshell Park, from 5:00 - 8:00 p.m. on September 22, 1997. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. IOWA LEAGUE OF CITIES REQUEST FOR PARTICIPATION IN TELECOMMUNICATIONS LITIGATION: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-467 supporting court proceedings to protect cities' rights to maintain the use and control of rights-of-way within their corporate limits, and authorizing the payment of $2,435 to the Iowa League of Cities as Ames' per capita share of the cost of filing the initial action, to be appropriated from the City's 1997-98 contingency fund. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC HEARING ON PROPOSED ENACTMENT OF PLANNED-UNIT DEVELOPMENT OVERLAY DESIGNATION FOR PROPERTY IN NORTHERN LIGHTS SUBDIVISION: Mayor Curtis declared the public hearing open. Randy Lueth, Engineering Plus, 612 5th Street, said his firm prepared the Planned Unit Development Plan documents, and as they felt this Plan was in conformance with other developments in the area, they asked that the Council approve this Plan. He said they would also request that Council suspend the rules and adopt the ordinance on all three readings this evening, to allow construction to begin yet this fall. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 97-468 approving 2 Planned Unit Development (PUD) Plan for Northern Lights Subdivision, with stipulations. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Hoffman, to pass on first reading an ordinance enacting the Planned Unit Development overlay designation. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to suspend the rules regarding adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Tedesco, Second by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3461 enacting Planned Unit Development overlay designation on property generally located in the Northern Lights Subdivision. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON AMES/ISU ICE ARENA: Parks and Recreation Director Nancy Carroll reviewed how, in December of 1995, the Council appointed a Facility Assessment Committee to review the Ames/ISU Ice Arena facility, to determine whether the existing facility should be renovated, or whether a totally new facility was needed. She said in May of this year, the Council directed Staff to review ISU President Martin Jischke’s May 5 letter regarding the future of the facility, and then to meet with the previously-appointment FAC to address the issues mentioned in the letter. Ms. Carroll introduced members of the FAC who were present in the audience this evening, and reviewed the recommendation of the FAC, that a new single-surface ice arena be constructed adjacent the existing facility, and that the Council authorize a special election to be held in late February or early March, 1998, asking residents of Ames if they will support a bond issue for 50% of the cost to construct the new facility. She said the FAC recommended that a group, independent of the City and ISU, be formed to promote the passage of the bond issue and to raise funds through private donations for the estimated $12,000 cost of holding the special election. Ms. Carroll said Staff concurred with the FAC’s recommendation, but felt the following issues should be addressed prior to the Council authorizing a bond issue vote: 1) determine the 1998/99 construction costs for a new facility, and 2) request written correspondence from ISU that they will donate the land adjacent the existing facility to accommodate construction of a new facility. Jo Mostrom, 4004 Ross Road, responded to a question regarding other nearby communities that have ice facilities. She said it was her understanding that the Des Moines facilities were so heavily used, they were having to turn away users within their own community. She said she didn’t think they would be open to having people from another community use their ice, if they were unable to accommodate their own resident users. Kathleen Thomas, 923 Vermont Circle, said she represented the Ames Figure Skating Club on the FAC. She introduced representatives of the Ames Minor Hockey League and the Adult Hockey League who had joined her in forming a subcommittee called “Ice is Nice.” She said other members included ISU representatives from the Men’s Varsity Hockey, Women’s Hockey, Intramural Hockey, and Curling and Broomball teams, in addition to a large number of recreational skaters 3 from the community. Scott Huebsch, Hickory Hills, said he represented the Ames Minor Hockey Team and has been a member for the past 15 years. He said hockey is the second-fastest growing sport in the U.S., and said the present facility is unable to accommodate the number of youths in the community who want to go into this sport. He said other areas of the state and the country are experiencing the same growth. He said Ames has a good program for ice users, and it would benefit the community to continue to provide this opportunity to the general public and to ISU users. Tom Reis, 205 Ashton Street, Gilbert, said he served on the Board of Directors for the Ames Minor Hockey Association. He described how different groups use the ice at all hours of the day and night for practice. He displayed an overhead showing the various users of the current facility, and their percentage of ice time. He noted 11,000 people per year have used the facility for public skating. He said they need to find a way to answer those needs in the future. Jerry Christensen, 723 Carroll, said he has helped the City run the Adult Hockey League since 1977. He said the mission of the “Ice is Nice” committee is to help the City of Ames get a new ice arena. He reviewed the history of the current facility, saying members of the ISU team used to practice behind Byer Hall and at Hilton Coliseum, but didn’t have access to the ice at regular times. He said a committee had been formed in 1978 to get an arena to provide ice time on a regular basis for practice purposes. He reviewed how funds to purchase a rink from Chicago and then get a Morton building to surround the facility had been raised from donations, volunteer help, and from the ISU Foundation. He said the current arena was meant to be a 6-month practice facility, but due to heavy demand, it has been used all year round for the past 5 years. He said it had never been built to accommodate year-round usage. Kathleen Thomas said the “Ice is Nice” Committee and other users are enthusiastic and willing to work for a grass roots effort to accomplish their goal of a new facility. She said they are aware of the obstacles and road blocks involved, but are willing to tackle them and work for success of their effort. Motion by Campbell, Second by Parks, to direct Staff to clarify issues including, but not limited to, estimated project costs and formal acknowledgment that ISU will donate the land adjacent the existing facility to accommodate construction of a new facility, and directing Staff to submit a Council Action Form to the Council once these issues are addressed, so the Council can then respond to Dr. Martin Jischke's letter and address the request to authorize a special election. Mayor Curtis noted this issue would be back on the Council’s agenda in the near future, and input from all groups would be welcome at that time. Vote on Motion: 5-0. Motion declared carried unanimously. NEIGHBORHOOD IMPROVEMENT PROGRAM GRANTS: City Manager Steve Schainker reviewed the Staff Report. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-469 approving the expenditure of $25,420.02 for the seven projects recommended by the City Manager, and authorizing Staff to solicit additional project requests this winter so that the remaining 4 $24,579.98 can be utilized for neighborhood projects in the spring. Roll Call Vote: 4-0-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach. Voting Nay: None. Abstaining: Tedesco. Resolution declared adopted 4-0-1 and hereby made a portion of these minutes. UTILITY RETIREMENT SYSTEM: SELECTION OF PROVIDER OF ANNUITIES FOR RETIREES, DISABILITY RETIREES, AND TERMINATED, VESTED MEMBERS OF THE UTILITY RETIREMENT DEFINED BENEFIT SYSTEM: Motion by Tedesco, Second b y Hoffm an, to a d o p t RESO LUTIO N NO. 97-470 approv i n g Utility Retire m e n t Board's selecti on of prelimi n a r y bidders f r o m whom t o request f i n a l b i d s , authori z i n g t h e Board t o select f r o m among t h e f i n a l b i d s , a n d authori z i n g Admin istratio 5 n t o transfer f u n d s i n accept a n c e a n d award of the contrac t. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FIRE TRUCK REFURBISHMENT PROJECT: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 97-471 waiving formal bidding requirements, authorizing contract with General Safety Equipment Company of Wyoming, Minnesota, for Fire Truck Refurbishing Project in the amount of $58,120 per their quote dated June 30, 1997, and authorizing funding of up to $65,000 for the Project from the balance of the Equipment Replacement Fund interest earnings. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. STAFF REPORT ON "CHARLES HAMMER PARKWAY" STREET NAME CHANGE ISSUE: City Manager Schainker reviewed the Staff Report. Sande McNabb, 1232 Wisconsin Avenue, said he wished to thank Mayor Curtis for making the suggestion a few months ago to rename this section of 13th Street to memorialize Charlie Hammer. He described how when his wife and he bought their property on Wisconsin 41 years ago, they had been assured that this street would become a part of 13th Street. He said that didn’t happen until Charlie Hammer put the project into force to have a connection between northwest Ames and the rest of Ames. He said that action brought the University and the rest of Ames together. He said he felt it was appropriate to honor a recent resident who did so much for this section of Ames and gave his time and effort to the community. Betty Haviland, 1239 Wisconsin, spoke in favor of the renaming. She said opponents of the proposal have argued it would be difficult to get to houses in west Ames if the street had three different names, but said residents in that area rarely rely on street names when giving directions to their homes. She said since there are no residents or businesses in the section proposed to be renamed, no one would be inconvenienced by having to have a street name change. She said the only cost to the City would be for street signs. She said a memorial should be associated with something contributed by an individual, and there was no more fitting way to memorialize Charlie Hammer than the proposal to name this street section after him. She said many current residents may not realize there used to be a major “town and gown” split in Ames. She said Charlie Hammer had worked hard to eliminate that split and draw west Ames and east Ames together. Cliff Larson, 4914 Ontario Street, described how he gives directions to his house. He said no one in west Ames pays any attention to street names. He said street names don’t make a lot of difference, whereas serving on the City Council, and what one accomplishes as a Council member, 6 can make a great deal of difference. He said Charlie Hammer had been very dedicated to his community, and was very deserving of this honor. He thanked Mayor Curtis for coming up with the idea. Motion by Quirmbach to direct the City Attorney to prepare the appropriate ordinance to rename the section of 13th Street from Ontario to Stange Road as the Charles L. Hammer Parkway. The Motion died for lack of a Second. DESIGN CONCEPT FOR SOUTH DAKOTA/U.S. HWY.. #30 INTERCHANGE: Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 97-472 approving design concept for the U.S. #30/South Dakota Interchange Project. Public Works Director Paul Wiegand reviewed the process followed thus far to arrive at the recommendation presented to Council this evening. He noted the Council’s approval was being sought for the preliminary design concept, to allow them to go on to the other stages that would hopefully lead to construction beginning in the year 1999-2000. Greg Roth, Kirkham Michael & Associates, described the three options that were presented to the public, and how the preferred alternative was derived. He noted the preferred alternative would have a loop ramp design to accommodate the predominant eastbound egress movements from S. Dakota Ave. onto U.S. Hwy. 30, and a diamond ramp design on one quadrant to accommodate motorists existing Hwy. 30 onto S. Dakota Ave. He said Staff from the DOT and the Federal Highway Administration had been present at the public meetings, and said minor modifications had been made to meet design speed requirements for the DOT. He said the preferred alternative would accommodate the expected heavier traffic movements better than any of the other options, allowing motorists to make right-hand turns to the ramp rather than moving across traffic. He said it also contained some improvements to South Dakota Avenue. He said concerns had been expressed from Story County residents regarding shoulders and multi-use of roadway in that portion of county. He noted the Council had received a copy of a letter dated September 5, 1997 from Newbury Development Company regarding the impact of the preferred alternative on a 16-plex in the Meadow Wood Apartment complex. He said the consultants were not anticipating any impact on the 16-plex, and said the project was likely to affect only one or two garages in the development. He said they have had discussions with DOT staff regarding possible abatements for those garages. William Willis, 820 Liberty Building, Des Moines, said he was present this evening representing the Newbury Development Company. He asked that the Record show the September 5, 1997 letter from his client, Jim Levy, President of the Newbury Development Company, was received and filed. He said his client was in support of the access, but felt the preferred alternative would have a bigger impact on the Meadow Wood Apartments than portrayed by the consultants. He said in the preferred alternative, the right-of-way line would come alarmingly close to units in the one-year old Newbury project, coming within 6 or 8 feet of -- and possibly going right through -- the development’s tennis courts, recreational area, and maybe even the 16-plex’s units themselves. He said erecting a 6-foot fence to mitigate the roadway’s impact on the Newbury units would not solve the problem. He said the development company felt the preferred alternative would essentially constitute a “taking” of 16 units. He said they are the most affected property owner at that location, yet they had not known of this alternative until just recently. He asked that the Council not approve this alternative this evening, to allow engineers from Newbury Development Company to work with 7 Staff and the consultants to determine an alternative that would have less impact on the Meadow Wood Apartments, such as a cloverleaf design. He said they had been told the DOT would not approve of such a radical curve for traffic movement, yet he cited areas in Des Moines that have similar curves. Mr. Willis said as property owners, his client would like to have some input regarding the design of this project. He said if the Council did adopt the resolution approving the design concept this evening, the Newbury Development Company wanted to be sure there was some method by which they could have input with staff regarding the design and its impact on their property. Jim Levy, 100 Court Avenue, Des Moines, said he was President of the Newbury Development Company. He said he felt the Council had been given only a broad view of what was a very serious problem. He said part of the problem was in the terminology being used this evening. He said a roadway didn’t have to actually go through a building to be considered a detriment. He said in the preferred alternative, the road would be so close to units in the Meadow Wood Apartments that it would constitute a hazard. He said in addition to the road itself, the closeness of the roadway would result in noise and headlights from vehicles that would be a detriment to the marketability of the apartments. He said the roadway was likely to be higher than at-grade, and there would not be enough room to properly shield the impact of noise and lights. He said the 16-plex was integral to the marketability of the entire Newbury project, and provides 2-bedroom units to serve low and moderate income property owners. He said there were stringent regulations in this type of rent- controlled subsidized facility, and noted three government agencies were involved as lenders. He said impact on one area of the project may have a “ripple effect.” He said the Meadow Wood project had the support of the City at its onset, about 1 year ago. He said to take athletic/recreational facilities from the project and say they could be moved elsewhere was not a workable solution, nor was a 6-foot fence the answer to this very serious problem. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 1997 PAVING PROGRAM NO. 2 (S.E. 16TH STREET PAVING PROJECT): Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-473, Preliminary Resolution for 1997 Paving Program No. 2. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-474 approving preliminary plat and schedule for 1997 Paving Program No. 2. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-475 adopting proposed Resolution of Necessity for 1997 Paving Program No. 2; setting October 14, 1997 as date of public hearing. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 97-476 approving preliminary plans and specifications for 1997 Paving Program No. 2; setting October 8, 1997 8 as bid due date and October 14, 1997 as date of 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. ORDINANCE REZONING PROPERTY GENERALLY LOCATED EAST OF 13th STREET, EAST OF I-35, AND NORTH OF UNION PACIFIC RAILROAD: Motion by Tedesco, Second by Hoffman, to pass on second reading an ordinance rezoning property generally located east of 13th Street, east of I-35, and North of the Union Pacific Railroad from Story County Agricultural to City of Ames Planned-Industrial (P-I). Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO PARKS AND RECREATION FACILITIES: Motion by Tedesco, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3459 amending Municipal Code to revise regulations pertaining to City Parks and Recreation facilities. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN ISU RESEARCH PARK, THIRD ADDITION: Motion by Hoffman, Second by Parks, to pass on third reading and adopt ORDINANCE NO. 3460 designating parking prohibitions on both sides of South Riverside Drive for a distance of 1140 feet south of Airport Road, and on both sides of South Loop Drive in ISU Research Park, Third Addition. Roll Call Vote: 5-0. Ordinance declared adopted 5-0, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Campbell, Second by Tedesco, to set Thursday, November 13 and Tuesday, November 25 as dates of regular Council meetings in November. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Quirmbach thanked Mayor Curtis for his proposal to memorialize Charlie Hammer by naming a portion of 13th Street after him, and said he was disappointed the measure did not receive a Second this evening. Coun. Tedesco thanked Staff for responding so quickly to the request to trim the bushes on the Bloomington Road bikepath. CLOSED SESSION: Motion by Tedesco, Second by Hoffman, to move into Closed Session to discuss collective bargaining strategy. Roll Call Vote: 5-0. Motion declared carried unanimously. The Closed Session began at 8:38 p.m. The Regular Meeting reconvened at 8:55 p.m. ADJOURNMENT: The Regular meeting adjourned at 8:56 p.m. 9 Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 10