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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/14/1996OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 14, 1996 The Ames City Council met in regular session at 6:30 p.m. on the 14th day of May, 1996, 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: 6:30 p.m. JOINT MEETING WITH PUBLIC ART POLICY AND ACQUISITION COMMISSION (PAPAC): Public Art Policy and Acquisition Commission Chair Dan Rice introduced Commission Members Kathy Svec, Jan Greimann, Marilyn Sealine, Glenn Connor, Lynn Ekblad, Mary Atherly, Don Brayman, Barb Schroeder, Randy Lueth, and Susan Norris. The Commission and Council discussed the PAPAC's purpose statement, and Council members asked several questions concerning the status of fundraising efforts, private/public endeavors, the artwork in front of City Hall, and community education efforts. Assistant City Manager Bob Kindred noted during the past budget hearings, the Council approved $15,000 for the PAPAC, but did not take action on the Commission's proposed spending plan. Mayor Curtis suggested approval of the plan be scheduled on an upcoming Council agenda. REGULAR MEETING: The regular meeting was called to order at 7:15 p.m. PROCLAMATION FOR SCHOOL BOARD RECOGNITION WEEK: Mayor Curtis read a proclamation designating May 12-18, 1996 as School Board Recognition Week within the City of Ames, Iowa. Anita Richardson-Epperson, Carolyn Jons, and Bill Summers were present to accept the proclamation on behalf of the Ames School Board. PROCLAMATION FOR OLDER AMERICANS MONTH: Mayor Curtis read a proclamation designating the month of May 1996 as Older Americans Month within the City of Ames, Iowa. Marvin Anderson was present to accept the proclamation on behalf of Heartland Senior Services. PROCLAMATION FOR AMERICAN LEGION AUXILIARY POPPY DAYS: Mayor Curtis read a proclamation designating May 17 and 18, 1996 as Poppy Days within the City of Ames, Iowa. Linda Boeck and Joan Schoenbaum were present to accept the proclamation on behalf of the American Legion Auxiliary #37. PROCLAMATION FOR PRESERVATION WEEK: Mayor Curtis read a proclamation designating May 12-18, 1996 as Preservation Week within the City of Ames, Iowa. Phil Poorman was present to accept the proclamation on behalf of the Historic Preservation Commission. PROCLAMATION FOR NATIONAL BICYCLE MONTH AND NATIONAL BIKE TO WORK OR SCHOOL DAY: Mayor Curtis read a proclamation designating May 1996 as National Bicycle Month, and May 21, 1996 as National Bike to Work or School Day within the City of Ames, Iowa. Janet McKee was present to accept the proclamation on behalf of the Ames/ISU Bicycle Committee and the League of American Wheelmen. RECOGNITION OF ORGANIZERS OF 1996 MAYOR'S BIKE RIDE: Mayor Curtis presented certificates to the following individuals, in gratitude for their work to organize the 1996 Mayor's Bike Ride: Terri O'Berry, Suzie Shierholz, Arnie Gaarde, and Scott Logan. He gave special recognition to Janet McKee for her exceptional work in organizing this year's bike ride, noting over 800 individuals participated in the event this year. CONSENT AGENDA: Motion by Parks, Second by Tedesco, to approve the following items on the Consent Agenda, removing Item 14 for Separate Consideration: Motion to approve payment of claims Motion to approve Official Minutes of the Regular Meeting of April 23, and of the Special Meetings of April 27 and May 2, 1996 Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Swift Stop #2, 3406 Lincoln Way b. Class C Beer - Snyder Drug #55, 207 S. Duff Avenue Motion to approve certification of Civil Service applicants Motion to refer to Staff a request from Hubbell Realty to change the parking regulations at Main Street Station west parking lot Motion to refer to Staff a request from Hubbell Realty to allow construction of handicap accessible curb cut on Clark Avenue Motion to deny Iowa Department of Transportation request for transfer of jurisdiction on 13th Street from I-35 to Grand Avenue Resolution confirming GSB appointment of Amber Powell to Transit Agency Board of Trustees (Removed for Separate Consideration; See action at the end of this section) RESOLUTION NO. 96-203 authorizing Mayor's signature to execute receipt and waiver in matter of Charitable Trust of Bessie Myer RESOLUTION NO. 96-204 approving 1996/97 funding contract with Ames International Partner Cities Association, Inc. RESOLUTION NO. 96-205 certifying Special Census count to the Secretary of State and State Treasurer prior to May 18, 1996 RESOLUTION NO. 96-206 approving preliminary plans and specifications for East Third Street Raw Water Line Replacement Project; setting May 30, 1996 as bid due date and June 11, 1996 as date of hearing and award of contract RESOLUTION NO. 96-207 approving preliminary plans and specifications for Lime Handling System Improvements Project; setting June 4, 1996 as bid due date and June 11, 1996 as date of hearing and award of contract RESOLUTION NO. 96-208 accepting bids and awarding contract for overhead and padmounted transformers for the Electric DepartmentRESOLUTION NO. 96-209 waiving formal bidding procedures and awarding contract to WESCO, Inc. of Des Moines in amount of $38,712.00 for padmount switch gear RESOLUTION NO. 96-210 approving contract and bond in amount of $560,549.88 for Bloomington Road Paving Project, from 400' east of Eisenhower Avenue to George Washington Carver Avenue RESOLUTION NO. 96-211 approving contract and bond in amount of $93,534.00 for Construction of Restroom/Shelter House at Daley Park RESOLUTION NO. 96-212 approving contract and bond in amount of $65,525.00 for East Lincoln Way Storm Sewer Project RESOLUTION NO. 96-213 accepting completion of Unit #7 Generator Stator Inspection and Retaining Ring Replacement Project RESOLUTION NO. 96-214 approving Traffic Safety Improvement Program (TSIP) grant for E. 13th Street/Dayton intersection Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: GSB APPOINTMENT TO TRANSIT AGENCY BOARD OF TRUSTEES: Coun. Hoffman said the terms of the two ISU students who currently serve on the Board are both expiring. She asked that Staff contact the GSB regarding their recommendation for the second appointment. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 96-202 confirming GSB appointment of Amber Powell to Transit Agency Board of Trustees. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one appeared to speak at this time. NEW CLASS B BEER PERMIT FOR PEKING PALACE: Motion by Wirth, Second by Parks, to approve new Class B Beer permit for Peking Palace, 3417 W. Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. NEW SPECIAL CLASS C LIQUOR LICENSE FOR GREGORY'S COFFEEHOUSE: Motion by Wirth, Second by Parks, to approve new Special Class C Liquor License for Gregory's Coffeehouse, 421 S. Duff. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR COUNCIL TRAVEL: Motion by Campbell, Second by Parks, to approve request from Council Travel for an encroachment permit to allow an awning at 2526 Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. ENCROACHMENT PERMIT FOR WE CARE HAIR: Motion by Wirth, Second by Hoffman, to approve request from We Care Hair for an encroachment permit to allow an awning at 111 Main. Vote on Motion: 6-0. Motion declared carried unanimously. APPROVAL OF FIREWORKS PERMIT FOR IOWA SPECIAL OLYMPICS: Motion by Tedesco, Second by Hoffman, to approve request for fireworks permit for Iowa Special Olympics for May 23, 1996, contingent on receipt of certificate of insurance from North American Insurance Company of Tulsa, OK. Vote on Motion: 6-0. Motion declared carried unanimously. APPROVAL OF REQUEST FROM ISU ORIENTATION AND RETENTION PROGRAMS FOR PERMISSION TO PLACE SIGNS ALONG ELWOOD DRIVE: Motion by Campbell, Second by Tedesco, to approve request from ISU Orientation and Retention Programs for permission to place four signs along Elwood Drive to advertise and give direction to ISU Orientation Programs, June 4 - July 1, 1996. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM MAIN STREET STATION, L.C., FOR STATEMENT OF COMPLIANCE WITH DEVELOPMENT AGREEMENT: Motion by Hoffman, Second by Tedesco, to approve request from Main Street Station, L.C. and to authorize Mayor to sign statement of compliance with Ames Depot Development Agreement. Vote on Motion: 6-0. Motion declared carried unanimously. REQUEST FROM MCFARLAND CLINIC TO MODIFY PROVISIONS OF REAL ESTATE CONTRACT: Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 96-215 approving request from Clinic Building Company to modify terms of real estate contract between McFarland Clinic and the City of Ames to allow the required parking for a 2,352 sq. foot addition to be accommodated through a remote parking agreement on Lot 3 of their property at the southeast corner of 12th Street and Duff Avenue, with the understanding that further piecemeal requests for small additions will not be brought before the Council, so the overall goal of the original agreement is not circumvented. Dick Roseland, Roseland Architects, said the firm supports the motion. Jim Popken, 920 Clark, read a written statement in opposition to amending the real estate contract. Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Quirmbach, Tedesco. Voting Nay: Wirth. Resolution declared adopted 5-1, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM WAYNE LARSON TO REDUCE ASSESSMENT FOR EAST LINCOLN WAY FRONTAGE ROAD PAVING PROJECT: Motion by Wirth, Second by Hoffman, to deny the request. Barry Nadler, 612 Kellogg, said he was present representing Wayne Larson. He requested Council refer this item back to Staff to see if the "Special Benefits" rule applied in this instance. City Attorney John Klaus explained how the "Special Benefits" rule was the essence of the special assessment process. There was discussion regarding the special assessment process. Vote on Motion to Deny: 4-2. Voting Aye: Campbell, Hoffman, Quirmbach, Wirth. Voting Nay: Parks, Tedesco. Motion declared carried 4-2. HEARING ON HYLAND AVENUE RECONSTRUCTION PROJECT, ONTARIO TO SHELDON/OAKLAND: 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 Quirmbach, to reject the bid received. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON DEMOLITION OF ARCADIA LODGE: 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. 96-216 approving final plans and specifications and awarding contract to RK Construction & Demolition of Slater, Iowa, in amount of $48,700. 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 RESURFACING PROGRAM: 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 Wirth, to adopt RESOLUTION NO. 96-217 approving final plans and specifications and awarding contract to Manatt's, Inc. in amount of $425,155.16. 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 CONCRETE REPAIR PROGRAM: 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 Wirth, to adopt RESOLUTION NO. 96-218 approving final plans and specifications and awarding contract to TEK Builders, Inc. of Mount Ayr, Iowa, in amount of $41,449.80. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 1996/97 SIDEWALK SAFETY PROGRAM: 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 accept the report of bids and adopt RESOLUTION NO. 96-219 authorizing the 1996/97 Sidewalk Safety Program by establishing June 5, 1996 as date to receive bids and June 11, 1996 as date of hearing and award of contract. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REVISED CONCEPTUAL DEVELOPMENT PLAN FOR WILLOW CREEK ESTATES, 5TH ADDITION (SOUTH DAKOTA PARK) (TABLED FROM APRIL 23, 1996): Motion by Parks, Second by Quirmbach, to table this item to May 28, 1996. Vote on Motion: 6-0. Motion declared carried unanimously. APPROVAL OF TAX ABATEMENT SCHEDULE FOR INCLUSION IN NJIP APPLICATION TO STATE OF IOWA ON BEHALF OF BALL PLASTIC CONTAINER CORPORATION: Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 96-220 approving 10-year industrial tax abatement schedule for inclusion in a New Jobs & Income Program application to the State of Iowa at a later date. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DISCUSSION OF CENTRAL AMES ZONING OPTIONS: Motion by Campbell, Second by Tedesco, to direct Staff to prepare proceedings to adopt a Single-Family Conservation Overlay Zone of the designated area as recommended by the Land Use Policy Plan consultant. There was discussion regarding the time required to prepare proceedings for a Conservation Overlay Zone. Coun. Campbell said the intent of her motion was that the Conservation Overlay would be most appropriate for this area, but she did not wish to rush the process involved in the creation of such a zone. There was discussion regarding whether a demolition moratorium ordinance might be more quickly drafted, and whether a "sunset" clause could be included. There was discussion regarding the area outlined in the Council Action Form, and there appeared to be consensus that the appropriate area for an overlay zone had been designated in the document. Coun. Campbell Withdrew the Motion. Motion by Parks, Second by Quirmbach, to direct Staff to prepare an ordinance that would apply a 6-month "Demolition Moratorium" on the designated area, and that the matter might be reviewed at 6-months. There was discussion regarding whether a draft of a conservation overlay ordinance might be prepared by the LUPP Zoning Code Revision consultant within 6 months. Coun. Parks said the intent of his motion was that the 6-month period be counted from the date the proposed ordinance went into effect. There was discussion regarding how the process for the proposed ordinance would be that of any other zoning ordinance, including Planning & Zoning Commission review and public notice. Kay Wall, 1004 Kellogg, submitted a copy of a Consumer Reports article entitled "Neighborhoods Reborn," and a prepared statement dated May 14, 1996 supporting either a rezoning of the area or a demolition moratorium. She said LUPP consultant Al Raby had said a year was not too long for a moratorium on demolition. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Hoffman, to accept the parameters of the affected district as displayed in the Staff Report maps. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to direct Staff to work with the Zoning Code Revision consultants, scheduling the drafting of a "Conservation Overlay Zone" ordinance as a top priority. Vote on Motion: 6-0. Motion declared carried unanimously. OPTIONS REGARDING MAKE-UP OF OPEN BURNING TIME LOST DUE TO APRIL 1996 BURN BAN: Motion by Hoffman, Second by Wirth, to deny requests to revise the existing ordinance to allow an extension of "open-burning permitted" time to make up for days lost in County-wide burn ban. Vote on Motion: 5-1. Voting Aye: Campbell, Hoffman, Quirmbach, Tedesco, Wirth. Voting Nay: Parks. Motion declared carried 5-1. Motion by Quirmbach, Second by Wirth, to adopt RESOLUTION NO. 96-221 approving additional "free" day on June 1 at the City's Yard Waste Disposal site, for Ames residents only, and that the estimated $2,500 cost of the additional day come from the City Council's contingency account. There was discussion regarding the fact that the City's contractor for the yard waste site had indicated only leaves and grass could be accommodated for this extra day, due to limited space on the site. Coun. Tedesco suggested Staff look into the possibility of accepting brush at an alternative site on City property, to be later taken to the yard waste site. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MID-BLOCK TRAFFIC SIGNAL ON 9TH STREET IN FRONT OF ROOSEVELT SCHOOL: Motion by Quirmbach, Second by Wirth, to adopt RESOLUTION NO. 96-222 authorizing mid-block traffic signal on 9th Street in front of Roosevelt School. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FINAL REAL ESTATE CONTRACT FOR RIGHT OF WAY PURCHASE FOR AIRPORT ROAD PAVING PROJECT: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 96-223 approving final real estate contract for right-of-way purchase for Airport Road Paving 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 AND APPROVAL OF CONTRACT AND BOND FOR AIRPORT ROAD PAVING PROJECT: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 96-224 awarding contract for Airport Road Paving Project to Manatt's, Inc. in the amount of $767,340.69, subject to receiving the deed for the right-of-way, and approving contract and bond of same. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SOUTH FOURTH STREET BRIDGE REHABILITATION PROJECT: Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 96-225 authorizing Staff to proceed with development of South 4th Street Bridge Rehabilitation Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RENEWAL OF CONTRACTS FOR CITY INSURANCE PROGRAMS: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 96-226 accepting proposal from Blue Cross/Blue Shield of Iowa for health and prescription drug coverage. 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 Wirth, to adopt RESOLUTION NO. 96-227 waiving formal bidding procedures and accepting proposal for group life insurance coverage with American Mutual Life Insurance. 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 Wirth, to adopt RESOLUTION 96-228 waiving formal bidding procedures and accepting proposal for long-term disability income insurance with UNUM Insurance Company. 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 Wirth, to adopt RESOLUTION NO. 96-229 accepting proposal from Gallagher-Ba sset for worker's compensation claims administration in the amount of $18,475. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING POSSESSION OF ALCOHOLIC BEVERAGES UNDER LEGAL AGE: Motion by Parks, Second by Wirth, to direct the City Attorney to draft an ordinance prohibiting possession of alcoholic liquor, wine, or beer under legal age. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE REGARDING PROCEDURE FOR SETTING SPECIAL COUNCIL MEETINGS: Motion by Quirmbach, Second by Parks, to direct City Attorney to draft ordinance amending Municipal Code regarding procedure for scheduling Special City Council meetings. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE CHANGE TO CLARIFY PARKING RESTRICTIONS AND DESIGNATE PARKING PROHIBITIONS ON PEARSON AVENUE AND GREELEY AVENUE: Motion by Hoffman, Second by Campbell, to direct City Attorney to draft ordinance amending Municipal Code to clarify parking restrictions on Pearson Avenue and Greeley Avenue, and to designate parking prohibitions between driveways at 311 and 317 Pearson Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN VICINITY OF MID-BLOCK TRAFFIC SIGNAL AT NORTHWOOD SCHOOL: Motion by Tedesco, Second by Parks, to pass on first reading an ordinance designating parking prohibitions in vicinity of mid-block traffic signal at Northwood Elementary School. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE DESIGNATING PARKING PROHIBITIONS IN HILLSIDE SUBDIVISION, 2ND ADDITION: Motion by Wirth, Second by Hoffman, to pass on second reading an ordinance designating parking prohibitions in Hillside Subdivision, 2nd Addition. Roll Call Vote: 6-0. Motion declared carried unanimously. COMMENTS AND FUTURE AGENDA ITEMS: Motion by Quirmbach to direct Staff to look into the possibility of assisting in neighborhood mediation regarding such issues as leaf burning. The Motion Failed for lack of a Second. Coun. Tedesco asked what would be the detour route when the Grand Avenue Underpass Reconstruction Project begins. Public Works Director Paul Wiegand noted that construction project will begin on May 20. He explained how the intersection of 5th Street and Grand would become a 3-way stop during the construction time, except for the 3-week period when that intersection is being repaved and when 6th and Grand would become the substitute route. City Manager Steve Schainker described the campaign Public Relations Officer Clare Bills is working on to inform citizens about the projects and about alternate routes. Motion by Campbell, Second by Parks, to refer to Staff requests to include "house of worship" as a permitted use within Concentrated-Commercial zoning districts. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Hoffman, to direct Staff to schedule report on experimental "streetlight shield" project on upcoming Council agenda. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Quirmbach, to schedule 5:00 p.m. on May 28, 1996 as date of Council worksession on draft of Land Use Policy Plan. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 9:15 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor