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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/11/1995OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 11, 1995 The Ames City Council met in regular session at 7:00 p.m. on the 11th day of April, 1995, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding and the following Council members present: Brown, Campbell, Hoffman, Parks, Tedesco, and Wirth. PROCLAMATION FOR NATIONAL BOYS AND GIRLS CLUB WEEK: Mayor Curtis read a proclamation designating the week of April 23-29, 1995, as National Boys and Girls Club Week within the City of Ames, Iowa. Mike Kaiser and representatives of the Boys and Girls Club of Ames accepted the proclamation. Gabe Padilla highlighted activities of the upcoming week. CONSENT AGENDA: Motion by Parks, Second by Tedesco, to approve the following items on the Consent Agenda, removing Item 8 for separate consideration: Motion to approve payment of claims Motion to approve Official Minutes of the Regular Meeting of March 28, 1995, and Clerk's Notes of same Motion to approve renewal of the following beer and liquor licenses: a. Special Class C Liquor - Duds 'n Suds, 2425 Grand Avenue b. Class E Beer - Cub Foods, 3121 Grand Avenue Motion to approve Civil Service applicants Motion to receive and file request from Ames Story Environmental Landfill for siting approval of sanitary disposal project expansion, and setting July 25, 1995 as date of public hearing Motion to approve appointment to Planning Policy Committee (Removed for separate consideration; see action at the end of this section) RESOLUTION NO. 95-146 approving and adopting Supplement No. 19 to the Ames Municipal Code RESOLUTION NO. 95-147 approving preliminary plans and specifications for Power Plant Underground Storage Tank System Upgrade; setting May 12, 1995, as bid due date and May 23, 1995, as date of public hearing and award of contract RESOLUTION NO. 95-148 approving contract and bond in the amount of $112,498.26 for East Lincoln Way Resurfacing Project RESOLUTION NO. 95-149 approving contract and bond in the amount of $54,031 for 9th Street/Duff Avenue Traffic Signal Project RESOLUTION NO. 95-150 accepting completion of roof replacement at the Ames Public Library and authorizing final payment of $20,965 RESOLUTION NO. 95-151 approving change order No. 1 for Equipment Services Kitchen Installation Project Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: APPOINTMENT TO PLANNING POLICY COMMITTEE: Motion by Tedesco, Second by Wirth, to approve the appointment of Sherry Dragula to the Planning Policy Committee. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: No one appeared to speak at this time. NEW LIQUOR LICENSE APPLICATION FOR AMES SLOWPITCH SOFTBALL ASSOCIATION: Motion by Tedesco, Second by Parks, to approve application for Seasonal Class B Beer permit for Ames Slowpitch Softball Association, River Valley Park. Vote on Motion: 6-0. Motion declared carried unanimously. REVISED FIREWORKS PERMIT FOR VEISHEA 1995: Motion by Hoffman, Second by Parks, to approve revised fireworks permit for VEISHEA 1995. Vote on Motion: 6-0. Motion declared carried unanimously. LETTER OF SUPPORT FOR IOWA HERITAGE TOURISM COMMUNITY RECOGNITION PROGRAM: Motion by Wirth, Second by Parks, to approve request for letter of support for Iowa Heritage Tourism Community Recognition Programs. Kathy Svec, 603 Grand, said she didn't anticipate that extra funds would be required at this time. She said selection would result in access to expert advice for coordination and enhancement of current resources. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE REVISING WATER AND SEWER RATES AND CHARGES; ADDING SECTION REGARDING ACCESS OF METERING DEVICES: Motion by Campbell, Second by Brown, to pass on first reading an ordinance revising water and sewer rates and charges and adding a section for the purpose of accessing metering devices. Vivian Nelson, 4000 Fletcher, said she opposed what she felt was an excessive yard meter charge. She said a review of her bill showed no charge for several months, and said the yard meter didn't need to be read for six months out of the year. She said it could be a cost savings to both the City and the customer. Roll Call Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE REVISING CODE RELATING TO STREET VENDORS: Motion by Parks, Second by Brown, to pass on second reading an ordinance revising the Municipal Code pertaining to vending permits to allow short term permits for special events, and to suspend annual permits for the duration of a special event that encompasses the same site. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Hoffman, Second by Parks, to pass on third reading and adopt ORDINANCE NO. 3324 revising the Municipal Code pertaining to vending permits to allow short term permits for special events, and to suspend annual permits for the duration of a special event that encompasses the same site. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1995 WATER PROGRAM NO. 1: 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 Tedesco, to adopt RESOLUTION NO. 95-152 approving final plans and specifications and awarding contract to KRI Company of Ames, Iowa in the amount of $622,403,25, subject to receipt of Affirmative Action Compliance Information. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1995 SLURRY SURFACE TREATMENT PROGRAM: Mayor Curtis declared the public hearing open. These being no one present wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 95-153 approving final plans and specifications and awarding contract to Fort Dodge Asphalt Company in amount of $77,730.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 24TH & GRAND 13.8 kV LINE RELOCATION PROJECT: 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 Parks, to adopt RESOLUTION NO. 95-154 approving final plans and specifications and awarding contract to Aerial Contractors, Inc. of West Fargo, ND in amount of $99,045.74, subject to receipt of Affirmative Action Compliance Information and approving increase of overall project costs to $165,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON WPC NON-POTABLE WATER SYSTEM MODIFICATION PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 95-155 approving final plans and specifications and awarding contract to C E Contracting, Ltd. of Hampton, Iowa, in amount of $36,585.40, subject to receipt of Affirmative Action Compliance Information. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SALE OF GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1995: Mayor Curtis declared the public hearing open. David Dirks, Evansen Dodge, said of the six bids received this afternoon, the low bid was received from Harris Trust and Savings of Chicago, with an interest rate of 5.2815%, and a net interest cost of $4,059,972.46. He said the City maintained its AA-1 rating from Moody's and its AA rating from Standard and Poors. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 95-156 providing for the award of $10,035,000 Corporate Purpose Bonds, Series 1995, amending Resolution No. 95-131, and providing for the issuance of such bonds and 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. CONTRACT AWARD FOR INSTALLATION OF DIGITAL CONTROL UNITS (LOAD MANAGEMENT PROGRAM): Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 95-157 accepting bids and approving award of contract to Devereaux Electric Company of Ames, Iowa for Installation of Digital Control Units (Load Management Program) in amount of $29.15/ea. for Option I installations, and $42.38/ea. for Option II installations, subject to receipt of Affirmative Action Compliance Information. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR RESOURCE RECOVERY MODIFICATION PROJECT: Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 95-158 approving change order in amount of $43,835 for Resource Recovery Center Modification Project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REVISIONS TO METER MAP FOR DOWNTOWN METER RATES: Motion by Wirth, Second by Brown, to adopt RESOLUTION NO. 95-159 approving revisions to Meter Map for downtown meter rates. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FIXED BASE OPERATOR'S/AIRPORT SERVICES CONTRACT: Motion by Tedesco, Second by Brown, to table this item. Vote on Motion: 6-0. Motion declared carried unanimously. PROPOSED CONVEYANCE OF LAND TO KRIEG BOYS ICE: Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-160 proposing conveyance of land located in Pullman Street Subdivision to Krieg Boys Ice, and setting April 25, 1995 as date of hearing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HISTORIC PRESERVATION DISTRICTS: Motion by Wirth, Second by Brown, to direct the City Attorney to prepare an ordinance revising Chapter 31 of the Municipal Code regarding Historical Preservation Districts as proposed by Staff. Vote on Motion: 6-0. Motion declared carried unanimously. 1993 FLOOD BUY-OUT PROGRAM: Motion by Brown, Second by Tedesco, to direct Staff to discontinue efforts for FEMA grant for King City Mobile Home Buy-out Proposal. Vote on Motion: 6-0. Motion declared carried unanimously. Joanie Lubka, 3011 South Duff, distributed a document entitled "Notice of Forfeiture of Real Estate Contract," dated April 11, 1995, and said it referred to a property on South Maple which her husband and she had sold on contract in 1989. She said the person to whom they had sold the property was recently incarcerated, and after seeking legal advice, they were now forfeiting the contract. She said since it was likely they would get the property back in their names, they would like to be considered as a part of the buy-out at this time. She said they had not responded previously because the contract was in good standing until July of 1994. Motion by Tedesco, Second by Parks, to table this issue for 45 days. Vote on Motion: 6-0. Motion declared carried unanimously. CEBA CONTRACT ON BEHALF OF ENGINEERING ANIMATION, INC.: City Attorney John Klaus explained that Staff had requested this item be pulled from tonight's agenda due to a technical matter in the contract that needed to be resolved. He said Staff had no conflict with the substance of the contract itself. REQUEST FOR PROPOSALS FOR REDEVELOPMENT OF 1915 CITY HALL/PUBLIC SAFETY BUILDING: Joe Lynch, RR 6, said he felt the City would benefit in many ways from an effort to bring back the social aspect of the business district, and suggested the City take a different approach to redeveloping the Municipal Building. He said with the Downtown Redevelopment Project just beginning, now was a good time to stop viewing this building as a problem and instead, look at it as a resource that could expand the reasons why people come to the downtown area. He said possible uses for the building include a museum, a dance hall, a number of additional community meeting rooms, a building to house public access TV, an art gallery, a lecture hall, a classic movie theatre, a place for neighborhood groups to meet, a teen center, and a by-the-hour day care facility for shopping parents. He said this was not the type of project that should be handled by an outside developer. He offered to co-chair a committee to look into ways of using this building differently. Motion by Wirth, Second by Parks, that the RFP be amended to include the phrase "On-site plus off-site parking is negotiable." Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Wirth, Second by Parks, to adopt RESOLUTION NO. 95-161 approving RFP for redevelopment of 1915 City Hall/Public Safety Building as amended. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Wirth asked if a "For Sale" sign would be placed on the property of the Public Safety Building, and Economic Development Coordinator Mark Reinig said Staff would erect a sign. Coun. Wirth noted the following requests had been included in the April 7, 1995 non-agenda packet: a request from Maureen and Chris Tuggle and Carol and Roger Volker to purchase alley property on Douglas; a request from Meeker Elementary Safety Committee regarding placement of sidewalks in the Carr's Pool area; and a request from John Dasher regarding waiver of banner pole fees in the Campustown area. There was discussion regarding whether the latter request dealt with the VEISHEA time period, which would have passed by the time of the next Council meeting. Motion by Wirth, Second by Hoffman, to place the following items on the Council agenda for April 25, 1995: (1) Letter dated April 5, 1995 from Maureen and Chris Tuggle and Carol and Roger Volker regarding request to purchase alley property, and (2) request from the Meeker Elementary Safety Committee regarding placement of sidewalks on the east side of Duff Avenue, south of 20th Street, and on Carr Drive and Meadowlane. Vote on Motion: 6-0. Motion declared carried unanimously. Coun. Parks noted the Council had also received a request regarding sidewalks along R-50 and a crossing guard at the Stange Road and 24th Street intersection. He asked whether this request would be discussed during the School Safety Committee meetings. Assistant City Manager Bob Kindred explained that the request grew out of meetings with the Safety Committees at Fellows School. He noted Council had received a copy of two petitions: one of which dealt with installing a traffic signal at the Stange Road and 24th Street intersection, and one which dealt with sidewalks and crossing guards. He noted the traffic signal was scheduled for the 1995/96 CIP. He said the crossing guard request presented a bigger challenge, as there are not sidewalks on both sides of the 24th Street leading up to the intersection. He said in past similar instances, abutting property owners paid the cost of sidewalk construction and maintenance. Coun. Parks said he felt the Committee needed to address the safe transport of children walking to Fellows School from the Northridge Subdivision, regardless of whether or not there was a sidewalk. Coun. Tedesco asked whether a neighborhood group could organize and place volunteers as crossing guards. Mr. Kindred said Staff had explored that alternative, and it appeared to be a viable option, as long as the volunteers were trained in a recognized safety program. Mr. Kindred said Staff had no immediate plans for the 24th and Stange intersection, knowing that it was scheduled to be signalized next year, at which time pedestrian crossways would be installed. He said Staff has not taken the position that the City would initiate the installation of sidewalks. He said he had explained to those attending the School Safety Committee the process for petitioning the City for installation of sidewalks. Coun. Parks asked whether the Safety Committee's recommendation was that sidewalks be installed in the area via the assessment process. He said the bikepath on the south side of 24th Street did not go all the way to the corner, and noted that was ISU property. Motion by Parks, Second by Brown, that Staff review this matter and return to Council with possible alternatives, before an assessment project for sidewalks is initiated. Vote on Motion: 6-0. Motion declared carried unanimously. Coun. Brown noted the Council had previously received a letter describing how there had been litigation in another community concerning leaf burning and compliance with the Americans with Disabilities Act. She said she had concerns similar litigation might occur here. There was discussion regarding whether the communities referred to had taken any steps to curb leaf burning and whether they were meeting air pollution standards. Mayor Curtis said the communities referred to had not taken any steps to curb leaf burning, and he felt the ordinance adopted by Council last fall was an attempt to make a reasonable accommodation as provided under the ADA. Coun. Brown said she would prefer not to have litigation occur here. Coun. Hoffman said the legislative bill regarding the adoption of the 1993 model food code and providing for adjustment of food license fees has been revived and is currently in a good subcommittee. Mayor Curtis noted Staff had sent a letter of appreciation to Representative Bill Bernau for his efforts on this issue. ADJOURNMENT: The meeting adjourned at 8:20 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor