HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/08/1995
OFFICIAL MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 8, 1995
The Ames City Council met in regular session at 6:30 p.m. on the 8th day of August, 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 and Parks. Couns. Brown and
Hoffman arrived late. Couns. Tedesco and Wirth were absent.
Coun. Hoffman arrived at 6:34 p.m.
WORKSESSION WITH ASSET VOLUNTEERS: Asset Volunteer Ruth Swenson summarized
the report entitled COMPASS II, A Needs Assessment Study of Human Services in Story County,
Iowa, 1994-95, as previously distributed to the Council.
Coun. Brown arrived at 6:37 p.m.
WORKSESSION WITH COMMISSION ON THE ARTS: COTA Member Hamilton Cravens
discussed the Commission's request to change the present 3-year COTA term limits to allow
members to be eligible for two consecutive 3-year terms, as contained in a letter to Mayor Curtis
dated July 17, 1995.
Motion by Hoffman, Second by Campbell, to direct the City Attorney to
prepare an ordinance amending the Municipal Code with regard to Commission
on the Arts members as follows: 1) To change the COTA term limits to two
consecutive three year terms or six consecutive years, 2) To allow for
member reappointment after being off the Commission for three years; and
3) To provide for the annual election of a chair and vice-chair by the
Commission.
Vote on Motion: 4-0. Motion declared carried unanimously.
CONSENT AGENDA: Motion by Parks, Second by Brown, to approve the following items on
the Consent Agenda:
Motion to approve payment of claims
Motion to approve Official Minutes of the Special Meeting of July 26,
1995 and Official Minutes and Clerk's Notes of the Regular Meeting of
July 25, 1995
Motion to approve renewal of the following beer and liquor licenses:
a. Class C Liquor and Outdoor Service Area - Iowa State Center
b. Class C Liquor - Peoples Bar & Grill, 2430 Lincoln Way
Motion to refer to Staff request from Campustown Merchants Association
for "Tiffany Style" white lights along Welch Avenue from Lincoln Way to
Hunt Street
Motion to set 5:30 p.m. on August 15, 1995 as date and time of Special
Meeting to consider Contract and Scope of Services for the Downtown
Development Plan
RESOLUTION NO. 95-338 approving arts contract with Youth Orchestra
for FY 1995-96 funding
RESOLUTION NO. 95-339 approving appointment of Dave Johnson to fill
unexpired term of office on Commission on the Arts
RESOLUTION NO. 95-340 approving cooperative agreement with Iowa
Civil Rights Commission for 1995-96
RESOLUTION NO. 95-342 approving final plat for Northridge Parkway
Subdivision, 13th Addition
RESOLUTION NO. 95-341 approving final plat for O'Rourke Subdivision
RESOLUTION NO. 95-343 approving additional costs for Special Census
RESOLUTION NO. 95-344 approving preliminary plans and specifications
for Lincoln Way/Hazel Traffic Signal Project; setting August 31, 1995 as
bid due date and September 12, 1995 as date of hearing and award of
contract
RESOLUTION NO. 95-345 approving preliminary plans and specifications
for Lincoln Way Sanitary Sewer Relief Line; setting September 6, 1995 as
bid due date and September 12, 1995 as date of hearing and award of
contract
RESOLUTION NO. 95-346 approving preliminary plans and specifications
for 1995 Clear Water Diversion Service Line; setting August 30, 1995 as
bid due date and September 12, 1995 as date of hearing and award of
contract
RESOLUTION NO. 95-347 approving preliminary plans and specifications
for Duff Avenue (10th to 12th) Widening Project; setting August 30,
1995 as bid due date and September 12, 1995 as date of hearing and
award of contract
RESOLUTION NO. 95-348 approving preliminary plans and specifications
for South Duff Turn Lanes Project; setting August 30, 1995 as bid due
date and September 12, 1995 as date of hearing and award of contract
RESOLUTION NO. 95-349 approving preliminary plans and specifications
for 24th & Grand Avenue intersection improvements; setting August 25,
1995 as bid due date and September 12, 1995 as date of hearing and
award of contract
RESOLUTION NO. 95-350 approving addendum to DOT agreement for
24th Street and Grand Avenue Widening Project
RESOLUTION NO. 95-351 approving contract and bond in amount of
$62,250.50 for 10th Street Sanitary Sewer Project (Curtis to Marston)
RESOLUTION NO. 95-352 approving contract and bond in amount of
$157,072.00 for White Oak Drive Area Storm Sewer Project
RESOLUTION NO. 95-353 approving contract and bond in amount of
$108,264.80 for 1995 Clear Water Diversion Program No. 1
RESOLUTION NO. 95-354 approving acceptance of South Duff Widening
Project in amount of $1,698,820.10
RESOLUTION NO. 95-355 approving acceptance of Park Maintenance
Facility Project in amount of $224,809.29
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
PUBLIC FORUM: Earl Franz, 307 Orange, asked that Council institute a moratorium regarding
prosecution of persons placing handbills on utility poles. He said merchants are able to place
handbills on motor vehicles parked on public property without prosecution unless someone identifies
the individual placing it on the vehicle. He said it was his understanding that in the case of persons
placing handbills on utility poles, the handbill was evidence in itself. He said there was also no
prosecution of merchants placing temporary signs on City sidewalks without permits.
Tim Malone, 223 East Ninth Street, said the previous evening, his wife had been followed home to
be issued a summons at 9:15 p.m. for an allegedly unpaid $3.00 parking ticket. He said she had been
given the summons while she was in the garage unloading groceries, rather than at the front door.
He said the ticket had been paid, and while he understood mistakes happen, he felt the Council
needed to address its policy regarding the issuance of summonses and when they are to be issued.
He said the current idea that they can be issued at 9:15 in the evening was preposterous and
dangerous.
NEW LIQUOR LICENSE FOR STARZ ENTERTAINMENT & EATERY: Motion by
Campbell, Second by Hoffman, to approve new Class C Liquor license for
Starz Entertainment & Eatery, 115 Main Street.
Vote on Motion: 4-0. Motion declared carried unanimously.
NEW CLASS B BEER PERMIT FOR AMES/ISU ICE ARENA: Motion by Campbell,
Second by Hoffman, to approve new Class B Beer permit for Ames/ISU Ice
Arena.
Vote on Motion: 4-0. Motion declared carried unanimously.
NEW OUTDOOR SERVICE AREA PERMIT FOR CY'S ROOST: Motion by
Campbell, Second by Hoffman, to approve new Outdoor Service Area permit
for Cy's Roost, 121 Welch.
Vote on Motion: 4-0. Motion declared carried unanimously.
ENCROACHMENT PERMIT FOR 115 MAIN STREET: Motion by Campbell, Second
by Hoffman, to approve request for encroachment permit for awning at 115
Main Street.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON 1995 STREET PAVING 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 Hoffman, to report bids and delay award of
contract.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON 1995 SANITARY SEWER AND WATER MAIN 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 Parks, to report bids and delay award of
contract.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON SIDEWALK REPAIR AT 4018 QUEBEC: 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 Campbell, to adopt RESOLUTION NO. 95-356
assessing property at 4018 Quebec for sidewalk repair.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ORDINANCE AMENDING CODE REGARDING CANDIDATES FOR HOSPITAL
TRUSTEE POSITIONS: Motion by Campbell, Second by Parks, to pass on first
reading an ordinance amending the Municipal Code regarding candidates for
Hospital Trustee positions.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY FORMERLY KNOWN AS SOUTH DAKOTA
PARK: Motion by Campbell, Second by Hoffman, to pass on second reading an
ordinance rezoning property located in the 400 block of South Dakota Avenue
(formerly known as South Dakota Park) from A-1 (Agricultural) to R-2
(Low-Density Residential).
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE CHANGING PARKING PROHIBITION ON JENSEN AVENUE: Motion
by Hoffman, Second by Parks, to pass on third reading and adopt
ORDINANCE NO. 3339 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.
POWER PLANT ASH DISPOSAL PROJECT: Motion by Campbell, Second by
Hoffman, to adopt RESOLUTION NO. 95-357 approving award of contract to
Keith Cooper & Sons of Ames, Iowa, in the amount of $146,000 for Power
Plant Ash Disposal.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
COMPREHENSIVE FLOOD STUDY: Motion by Hoffman, Second by Campbell, to
accept the report and to adopt RESOLUTION NO. 95-358 authorizing request
for extension of Comprehensive Flood Plain Management Study Grant to
January 1996.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
PRESENTATION REGARDING DOWNTOWN BIRD DROPPINGS: Carol Jacobs, owner,
Memories on Main, and of environmental consulting firm Jacobs and Associates, referred to the July
31, 1995 letter to the Council from Downtown Betterment Association Co-Chairs Nancy Miller and
Ron Evans. She distributed pictures of bird droppings in the Downtown area. She said people
assume the Downtown ash trees were selected to make the area more attractive, but said the trees
seem to be the favored roost of "general nuisance" birds, such as grackles and starlings. She said
the droppings accumulate rapidly on cars and sidewalks. She said attempting to wash off the
sidewalks often exacerbates the odor problem. She said the birds were creating a chronic problem,
a nuisance and a health hazard.
Ms. Jacobs said the seeds from the Ginkgo trees was also a concern, and while the DBA had thought
the City was going to pick them this year as last, they had learned it was not in the City's budget to
do so.
Ms. Jacobs said she saw no solution other than cutting down the trees. She said the birds are not
being discouraged by efforts such as banging on pots.
She said she didn't see where the City was gaining anything by keeping the trees downtown. She
said there is additional vegetation in the area, and removing the trees would not create a stark,
denuded look to the Downtown.
Motion by Parks, Second by Brown, to direct Staff to report back to Council
regarding the cost of removing the Downtown ash trees.
Vote on Motion: 4-0. Motion declared carried unanimously.
Nancy Dane, owner of Timeless Treasures, said she has watched people avoiding the Downtown
crosswalks to avoid the bird droppings, and was afraid someone was going to get hit by a car while
doing so. She said the situation needs to be addressed quickly.
COMMENTS AND FUTURE AGENDA ITEMS: Coun. Hoffman asked the status of the
ordinance regarding traffic criteria for home day-care facilities. City Clerk Sandra Ryan said the
matter was scheduled for the August 22 Council agenda.
Coun. Hoffman distributed copies of letters and a petition from parents in the Sawyer School area
regarding school crossing guards. She said a number of parents indicated they were not included
in discussions regarding the removal of the guard at the Arizona/Ontario intersection. She said there
was a new principal at Sawyer School who had not been involved in the previous discussions on this
issue. She noted Council had previously approved a process by which parents might petition for a
crossing guard, with the understanding that the process grew out of meetings between City Staff,
school officials, and PTO groups. She said she had learned the Sawyer School area parents had been
told by school officials to bring this matter before the City Council. She said the issue was urgent,
as construction is planned for the new pedestrian-activated crossing signal, and school will be
starting soon.
Motion by Hoffman, Second by Parks, to refer to Staff the letter dated
August 8, 1995 from Sawyer PTO Officer Jaci Weese, and ask that Staff meet
with the Sawyer School parents regarding the process for petitioning for a
crossing guard.
Vote on Motion: 4-0. Motion declared carried unanimously.
At the request of Coun. Campbell, City Attorney John Klaus reviewed the process regarding the
serving of summonses, and said there was a policy that they were not served after 9:00 p.m. He said
in the situation described earlier this evening, the process server probably did not realize that
following the car into the driveway would have the effect that it did. He said it was a regrettable
situation, and a lesson well-learned. He noted the Council had received a report from Staff
regarding the entire incident. He noted the parking ticket had been paid late, and reviewed how the
price of a parking ticket increases with past due dates. He said Staff regrets the unpleasantness and
would listen to any suggestions the Council had for improvement.
Mayor Curtis said it might be appropriate for Council members to visit with the process server, who
was a very competent and conscientious person doing a difficult job of trying to find people who
have various working schedules.
There was discussion that the process server often has to do his work in the evening hours, when the
majority of people are at home.
Coun. Campbell said she had received a request from a representative from Iowa Shares regarding
a presentation to Council on the Iowa Shares program and being able to solicit City employees for
funds. Coun. Parks said hundreds of organizations would like to solicit City employees and he was
unsure they should give specific audience to any one group. He suggested discussing the issue in
general terms.
Coun. Brown said the City should establish a policy on the issue of solicitation of funds from public
employees. She said she agreed that in the meantime, the discussion should be general rather than
with a specific group. City Manager Steve Schainker said Staff would need guidance from Council
regarding who should have access to solicit funds from City employees on City time.
Coun. Campbell said she would suggest Iowa Shares send a letter to Council outlining their request.
Coun. Campbell said a July 28, 1995 letter from the Chair of the Ames/ISU Bike Committee to a
constituent indicated that because the City had received some federal funds, the annual $75,000
bikeway funding would not be included in the CIP for the next 3 years. She said the Council has
taken no such action, and the same bikeway funding was included in the 1995-2000 CIP as in
previous years.
ADJOURNMENT: The meeting adjourned at 7:40 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor