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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/11/1995OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 11, 1995 The Ames City Council met in regular session at 6:30 p.m. on the 11th day of July, 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: Campbell, Hoffman, Tedesco, and Wirth. Coun. Brown arrived late and Coun. Parks was absent. PRESENTATION ON PROPOSALS FOR PUBLIC SAFETY BUILDING (1915 MUNICIPAL BUILDING): Economic Development Coordinator Mark Reinig introduced three groups who had submitted proposals for re-use of the Public Safety Building. Mayor Curtis noted Council would receive presentations this evening, but that no action would be taken until the July 25, 1995 meeting. Harold Ault presented a proposal to re-use the building as a museum/museum store featuring horse- drawn vehicles, railroad items, and historical items, at a purchase price of $10,700. David Carter, 709 Douglas, presented a proposal to turn the building into a Community Center with a number of uses to draw people downtown, including space for nonprofit groups, exhibit groups, conventions, entertainment, a browsing library, and a coffee shop, finance through a bond issue, CDBG funds, and fundraising. He said thr group proposed that the City retain ownership of the building, and that a citizen board be appointed to manage the facility. George Belitsos, Executive Director for Youth and Shelter Services, Inc. presented a proposal to consolidate YSS facilities in the building, at a purchase price of $500. He said YSS estimated $1.5 million remodling costs, to be funded by donations and State and Federal grants. PROCLAMATION FOR GINKGO FESTIVAL WEEK: Mayor Curtis read a proclamation designating July 10-16, 1995 as Ginkgo Festival Week within the City of Ames, Iowa. Rich Harter, Director of the Ames Convention and Visitors Bureau, and Nikki and Emil Peterson, Volunteer Co- Chairs of the Ginkgo Festival Planning Committee, were present to accept the proclamation. Ms. Peterson thanked Coun. Wirth for her work on the Planning Committee, and said all were looking forward to a wonderful and active weekend. CONSENT AGENDA: Motion by Hoffman, Second by Tedesco, to approve the following items on the Consent Agenda: Motion to approve payment of claims Motion to approve Official Minutes of the Special Meetings of June 15, June 22, and Official Minutes and Clerk's Notes of the Regular Meeting of June 27, 1995 Motion to approve renewal of the following beer and liquor licenses: a. Class C Liquor and Outdoor Service Area - Fox I, 111 South 5th Street b. Class E Beer - Quiktrip #511, 302 Welch c. Class C Liquor - Sportsman's Lounge, 123 Main Motion to approve certification of Civil Service applicants RESOLUTION NO. 95-295 approving Final Plat for Brookview Place, 2nd Addition RESOLUTION NO. 95-296 approving Final Plat for Country Estates, 3rd Addition RESOLUTION NO. 95-297 approving human services contract with ACCESS for FY 1995-96 RESOLUTION NO. 95-298 approving contract and bond in amount of $262,295.40 for 1995 Asphalt Resurfacing Program RESOLUTION NO. 95-299 approving contract and bond in amount of $52,700 for Minnesota Avenue Bridge Pedestrian Walkway Project RESOLUTION NO. 95-300 approving contract and bond in amount of $112,578.00 for Hyland Avenue/Ontario Street and Stange/24th Street Traffic Signal Project Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Rob Weidner, 903 Kellogg, asked that the Council consider adding a member from the Planning Commission to the Downtown Redevelopment Committee. REQUEST FROM ISU FOR TIME EXTENSION FOR BANNER APPLICATION: Motion by Tedesco, Second by Hoffman, to approve request from Iowa State University to extend time frame for display of welcoming banners on Elwood Drive from August 14 through October 18, 1995. Vote on Motion: 4-0. Motion declared carried unanimously. REQUEST FROM GINKGO FESTIVAL '95 COMMITTEE FOR CLOSURE OF CLARK AVENUE AND EAST CITY HALL PARKING LOT FOR TEEN DANCE ON JULY 14, 1995: Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-301 approving request from Ginkgo Festival '95 Committee to close East City Hall Parking Lot and Clark Avenue from 5th to 6th Street from 5:30 p.m. to midnight on July 14, 1995 for Teen Dance. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONSULTANT SELECTION FOR DOWNTOWN REDEVELOPMENT PLAN: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 95-302 approving selection of BRW, Inc. and Urbanics Consultants, Ltd. as the consulting team for the preparation of the Downtown District Development Plan. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Coun. Brown arrived at 7:40 p.m. CITY POLICY ON SPECIAL ASSESSMENTS: Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-303 approving proposed policy tying interest rates and term to actual bond provisions. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1995 STREET PAVING PROGRAM NO. 1 AND 1995 SANITARY SEWER AND WATER MAIN PROGRAM: Mayor Curtis declared the public hearing open. Robert W. Taylor, RR #1, said he was a property owner affected by the Bloomington Road Paving Project and the Bloomington Road Sanitary Sewer Project. He said he owned a 7.4 acre piece of property on the east side of the Chicago & Northwestern railroad tracks, and said his total assessment for both projects over ten years would be $37,864.00 with interest. He said that was approximately $5,000 per acre. He described his property, saying it was small with a large frontage, and with limited marketability due to its shape and size, and the zoning. He said the property on the north side of the road was approximately 10 times the size of his, yet it had similar assessments. He asked that the Council consider an adjustment on the assessments to his property. Public Works Director Paul Wiegand displayed the assessment plat for the Alley 8th - 9th Street West of Douglas Project. Donna Cipolloni, 807 Douglas Avenue, said their 10 ft. of their property touches the back alley, yet they received an assessment of $1,519.00. She said they would not use the alley in any way. She said other neighbors who use the alley fully and who have six to 10 times the footage on the alley, will be paying around $200 more than they are in assessments. She said they originally signed the petition to pave the alley, because the assessment cost as presented to them would have been $20- $25 per linear foot. She said they didn't care whether or not the alley was paved, but signed the petition because so many of their neighbors seemed to want the paving to occur. She asked if the Council would either consider reassessing their project in a more equitable manner or consider their property on an individual basis and reassess their property. Tom Hinders, 817 Douglas, said he'd proposed this paving project. He said the City Engineer gave him a preliminary estimate of approximately $30 per lineal foot of property to the alley. He said that was the formula he'd presented to his neighbors, and noted 82% of the abutting property owners had signed the petition to pave the alley based on the lineal foot costs. He said however, if the area of the property within the assessment district was also figured into the formula, he had misinterpreted the cost to his neighbors, and wished to apologize to them. Mr. Wiegand verified the formula used to calculate the assessments. Roger Volker, 215 9th Street, said he owned the property at 829 Douglas. He said he didn't sign the petition for paving the alley, although he was not opposed to the paving project. He said they don't use the alley very often, and the gravel is fine with him. When he asked Staff what the proposed width of the alley would be, Mr. Wiegand said it would be 12 feet. Mr. Wiegand displayed the assessment plat map for the Airport Road Paving Project. Charles Becker, Belin Harris Lamson McCormick, 2000 Financial Center, Des Moines, said he was present representing Wendover Investments, aka Bourns, Inc. He noted the Council had received a FAXed objection to the project for the following reasons: 1. The proposed construction has no median cut for use of the western access road on the Bourns property and 2) There is no access currently provided for the farm field located directly south of the Ron Willey lot. He said Bourns has been assured that when the parcel gets developed, an access point would be made available. He said the access points would have a significant effect on the value of the building and property. He said they are not opposing the project, but want to make sure the access points are taken into consideration. He said that they are not opposing the assessment at this time, unless the value of the building is affected by the project. Mr. Wiegand reviewed the SE 16th Street Sewer Project, 1200' East of Dayton Avenue to 393.5' East, and the Southeast 16th Street Paving Project. There was no one present to testify regarding these projects. Mr. Wiegand displayed the assessment plat map of the Ontario Street 400' East of Nebraska Avenue to 930' East Grading, Paving & Sidewalk Project. Patricia Hulting, 535 Insurance Exchange Building, 505 5th Avenue, Des Moines, said she represented Clif and Siri Larson of 4914 Ontario Street. She said the cost of the project is around $86,000 and the City has assessed to itself about 20% of the cost, with the remainder assessed to the five abutting property owners. She said while the Larsons' property is only assessed at $102,000, 40% of the property assessments is assessed against their property, or $27,000. She said the total assessment cost over 10 years will be $34,000. She said Mr. Larson is retired, and his wife and he live on a fixed income. She said the first year of increased tax burden to them will be $4,000. She said the assessment of $34,000 to a home that has $102,000 assessed value in essence "takes" their property. She said the proposed project removes all of the trees along their property and destroys the use of the property. She said the improvement is to add one paved lane to an arterial highway, which would add nothing to the value of the Larson property nor to any of the abutting properties. She said the project was more an improvement to the general community, and should be viewed as such. She noted the County has been a part of this project, yet has not assessed any of the project to the homeowners. David Delagardelle, 5014 Ontario, said he agreed with the previous testimony, and said he saw no value in the additional street widening. He said Ontario was fine as a 3-lane road, and a fourth lane would be of no benefit to property owners along that area. Bettie Cott, 5020 Ontario, said she too agreed with the previous testimony. She said she owned nearly 9 acres of land with 316 foot frontage, and her assessment would total $22,000 plus interest. She said she would apply for Agricultural land deferment. She noted the Council had received a copy of a FAX dated July 9, 1995 from her son in California, to whom she had sold an acre of land, and who had in turn sold some land to the Delagardelles. She read testimony from Randy Cott, 5010 Ontario, as contained in the Fax, expressing concerns about safety and speed on the widened road. She said she thought the dust problem would be alleviated when construction was finished. She said the area was unique and beautiful, and a four-lane paved road with full curb and gutter is in direct conflict with years of lip service to saving the character of the area. Elizabeth Sands McDorman, 5408 Ontario, said she and her sister own 77 acres on Ontario. She said they are not part of the City, but have learned they are being assessed $28,000 for sewer and water, which they have no intent of having hooked up to their property. She said the proposed project for Ontario will result in a loss of 300 trees on their property. She said they have not been receiving the notices from the City, nor told how the project will benefit their property. She said their property is not within the City limits, and the City has no authority to assess it for improvements. She said if these improvements are necessary for new developments proposed by Ames developers for property which is annexed by the City of Ames, the developers should be charged the full cost of the improvements. She said they have not granted the City of Ames authority to enter their property for any purposes, and do not desire these improvements. She said there is no way this land can be developed, yet they are being charged the same as the property across the road which has a higher value. Mayor Curtis noted this was a preliminary connection fee for a special assessment, and said it would not be an assessment until the sewer were actually connected. Ms. McDorman described the problems created by the County's paving project. She said there would be nothing left of what was once an environmentally beautiful place if the City and the County proceed with this project. Mayor Curtis reiterated that the City would take responsibility for the sewer line connection, but not for the paving project. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Hoffman, Second by Brown, to amend the Proposed Resolution of Necessity by removing the widening of the road, i.e., the fourth lane, connected with the Grading, Paving, & Sidewalk of Ontario Street, 400' East of Nebraska Avenue to 930' East. Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Hoffman, Second by Brown, to remove the Alley 8th-9th Street West of Douglas Paving Project, and direct Staff to rework the project. Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Brown, Second by Wirth, to approve final adoption of RESOLUTION NO. 95-260, Resolution of Necessity for 1995 Street Paving Program No. 1 and 1995 Sanitary Sewer and Water Main Program as amended. Roll Call Vote: 5-0. Resolution as amended declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Brown, to notify the parties of their need to file written application for Agricultural land deferment with the City Clerk within 10 days. Vote on Motion: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Brown, to adopt RESOLUTION NO. 95-304 approving preliminary plans and specifications for 1995 Street Paving Program No. 1 and 1995 Sanitary Sewer and Water Main Program as amended; setting August 2, 1995 as bid due date and August 8, 1995 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. Motion by Campbell, Second by Brown, to pass on first reading an ordinance establishing water and sewer connection fee with respect to certain property abutting on Ontario Street. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON SIDEWALK REPAIR ASSESSMENTS: 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 Tedesco, to adopt RESOLUTION NO. 95-305 assessing costs of sidewalk repairs to property owners at 423 North Franklin and at 3212 Ellis Street. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 10TH STREET SANITARY SEWER IMPROVEMENTS, CURTIS TO MARSTON: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Coun. Hoffman left the meeting at 8:45 p.m. Motion by Campbell, Second by Wirth, to adopt RESOLUTION NO. 95-306 approving final plans and specifications and awarding contract to H&W Contracting, LLC, of Sioux Falls, South Dakota in the amount of $62,250.50, with extra $18,000 from Sanitary Sewer Utility Fund. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1995 SEAL COAT RECONSTRUCTION PROGRAM: 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 Tedesco, to adopt RESOLUTION NO. 95-307 approving final plans and specifications and awarding contract to Manatt's, Inc. in amount of $107,000. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE CHANGING PARKING PROHIBITION ON JENSEN AVENUE: Motion by Wirth, Second by Campbell, to pass on first reading an ordinance changing the parking prohibition on Jensen Avenue from the west side to the east side along a section from 24th Street to Luther Drive. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE APPROVING TEMPORARY PARKING MEASURES IN AMES HIGH SCHOOL AREA: Motion by Tedesco, Second by Campbell, to pass on second reading an ordinance approving temporary parking measures on 20th Street, McKinley Drive, Ridgewood Avenue, and Hayes Avenue, for the '95/96 school year. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE AMENDING CODE TO REQUIRE PERMIT FOR INSTALLATION OF IRRIGATION SYSTEMS: Motion by Wirth, Second by Brown, to pass on second reading an ordinance amending the Municipal Code to require permit for installation of irrigation systems. Coun. Hoffman returned to the meeting at 8:58 p.m. Roll Call Vote: 5-0. Motion declared carried unanimously. ADDITIONAL CONTINGENCY FUND EXPENDITURE FOR FIRE STATION #1 UNDERGROUND STORAGE TANK CLEANUP: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 95-308 approving expenditure of an amount not to exceed $15,000 from City's Contingency Fund to complete the soil excavation and drainage correction projects at Fire Station #1. Roll Call Vote: 5-0 . Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REAP GRANT APPLICATION FOR STUART SMITH PARK EXPANSION PROJECT: Motion by Hoffman, Second by Brown, to adopt RESOLUTION NO. 95-309 authorizing Staff to submit a Resource Enhancement and Protection Grant application for enhancement of Stuart Smith Park and the Flood Buy-out area. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO CEBA CONTRACT FOR COATING MACHINERY SYSTEMS, INC.: Motion by Wirth, Second by Brown, to adopt RESOLUTION NO. 95-310 approving amendment #1 to CEBA contract for Coating Machinery Systems, Inc. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MAPLE AVENUE/LINCOLN WAY TRAFFIC SIGNAL: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 95-311 approving relocation of Maple Avenue/Lincoln Way traffic signal to Lincoln Way and Hazel. Jackie Barnard, 819 Lincoln Way, distributed a petition signed by individuals in favor of keeping the traffic lights at the corner of Lincoln Way and Maple Avenue, and placing another light at the corner of Lincoln Way and Hazel. She said she saw many accidents on both streets. Larry Larson, representing the Story County Board of Supervisors, noted the Board had passed a resolution favoring relocation of the traffic signal to the Hazel/Lincoln way intersection. Leland Smithson, 304 North Riverside, said he was in favor of the relocation. Betty Erickson, 321 South Maple Avenue, spoke against removal of the light at Maple for safety reasons. She said she had children that would be affected while trying to cross Lincoln Way to go to the high school and for moving around in the neighborhood. Jim Okey, 135 Hazel, distributed a document entitled "Prioritizing Traffic Signal Installations" and said it included a study that was not in the latest Staff study, showing that Maple did not have as high a rating as Hazel does. He said nearly every item that has been prioritized has stop lights or 4-way stop signs. He said he was in favor of relocating the traffic light to Hazel. He said half of the traffic that has been going onto Maple will probably come onto Hazel. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR ENGINEERING SERVICES FOR THE RESOURCE RECOVERY MODIFICATION PROJECT: Motion by Tedesco, Second by Brown, to adopt RESOLUTION NO. 95-312 approving change order to Stone & Webster Engineering Corporations' contract in amount of $39,300 for construction monitoring services on a limited level for the Resource Recovery Plant Modification Project. Roll Call Vote. 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS AND FUTURE AGENDA ITEMS: Coun. Wirth reminded reminded everyone to enjoy the Ginkgo Festive this weekend. Motion by Tedesco, Second by Campbell, to reconsider at the July 25, 1995 meeting a P-C Plan to allow construction of a 4-story apartment building at 608 and 612 Douglas. Coun. Campbell said they did not have a full Council at the June 27 meeting when this item was considered, nor did they have all members present this evening. She noted the Council had received a memo dated July 11, 1995 from the City Attorney regarding Motion to Reconsider, and said she would like the reconsideration policy clarified. Vote on Motion to reconsider: 5-0. Motion declared carried unanimously. City Attorney John Klaus explained how since at least 1909, the Council-adopted Rules of Procedure regarding reconsideration have deviated from Robert's Rules of Order. He said the Council's rules as contained in the City Code stated that a motion to reconsider must be made by members who voted in the majority, or by those who were absent and did not vote upon the question to be reconsidered. He said usually someone who voted in the majority would be on the prevailing side, but that was not true in the case of issues that require more than the majority, such as for certain ordinances and resolutions. He said that was the case at the June 27 meeting, when there were 3 votes for approval of the P-C Plan and 2 votes in opposition, but 4 votes were required for passage of the Resolution. He said with Robert's Rules, the concept of "prevailing side" would arguably lie with the 2 votes, who were successful in blocking passage, as opposed to the "majority," who did not succeed in getting the measure passed. He said what Coun. Campbell was suggesting was that the Ames rule be changed so that it was consistent with Robert's Rules of Order. Coun. Tedesco noted that there was also a Council Rule that in order to reconsider an issue, it must be brought up at the next meeting. He said therefore, if the Council member absent at the June 27 meeting and at this evening's meeting attempted to bring this issue up for reconsideration at the August 8 meeting, he would be declared out of order. City Attorney Klaus said that was correct. There was discussion regarding whether the Council should modify its rules to provide that if a Council member is absent at a meeting when an issue is considered, that Council member can move to reconsider that issue at the next meeting at which he/she is present. Coun. Hoffman said if the present Council-adopted Rules have worked since 1909, she was unsure they should be changed, and Couns. Wirth and Brown agreed. Motion by Campbell to direct the City Attorney to draft an ordinance amending the Council-adopted Rules of Procedure regarding Reconsideration. The Motion Failed for lack of a Second. Coun. Tedesco noted the Council had received a copy of a letter dated July 1, 1995 which he had received from Gus Anderson regarding the temporary parking measures in the Ames High School area. He suggested the citizen group meet with the School Board and make their request concerning the parking availability. Coun. Tedesco said the railroad crossing which intersects with Kellogg Avenue seems to have become rough. He asked if Staff could contact railroad officials and inquire if it can be repaired. Public Works Director Paul Wiegand said Staff could do that. Coun. Tedesco noted there had recently been an article in The Daily Tribune regarding the City of Gilbert purchasing water, and wondered if Ames should participate in that discussion. Motion by Hoffman, Second by Brown, to place Staff request for direction regarding park land dedication, as contained in the July 6, 1995 memo from Assistant City Manager Bob Kindred, on the 7/25/95 Council agenda. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Hoffman said she'd checked with the Building Official regarding the status of abatement of dilapidated structures in Ames, and progress on that issue was ongoing. She said she appreciated the Staff's work on this issue. Coun. Campbell asked the status of the Unit No. 8 boiler. City Manager Steve Schainker said repair work was progressing well and should be completed by the end of this week. He said substantial damage had occurred and the repair costs may approach $500,000, noting the City's $100,000 deductible insurance would cover the majority of those costs. He said there had been no interruption in service to customers, but that citizens were encouraged to conserve as much energy as possible by using electric appliances after 6 or 7 p.m. He said the City appreciated individuals who had signed up for the Load Management Program, and said the program had been implemented. Coun. Tedesco said he had toured the Power Plant with the City Manager, and he complimented the City staff on handling an emergency situation well during a peak time of use. Coun. Hoffman asked the time period between signing up for the Load Management Program and receiving the equipment, and Coun. Tedesco said he'd learned it took approximately 90 days. Coun. Hoffman said asked if that delay might be shortened, and City Manager Schainker said Staff would look into it. Mayor Curtis reminded Council that the new public art piece, "The Wind Spinners," will be installed at the new Water Meter Lab at 11 a.m. on Saturday, July 15. Coun. Hoffman said the neighbors in the area were providing refreshments. ADJOURNMENT: The meeting adjourned at 9:12 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor