HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/22/1995
OFFICIAL MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 22, 1995
The Ames City Council met in regular session at 7:00 p.m. on the 22nd 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: Brown, Campbell, Hoffman, Parks, Tedesco,
and Wirth.
PROCLAMATION FOR 75TH ANNIVERSARY OF WOMAN SUFFRAGE RESOLUTION:
Mayor Curtis read a proclamation designating 1995 as the 75th Anniversary of the Woman Suffrage
Resolution. Ruth Swenson was present to accept the proclamation on behalf of the League of
Women Voters.
CONSENT AGENDA: Motion by Tedesco, Second by Brown, to approve the
following items on the Consent Agenda:
Motion to approve payment of claims
Motion to approve Official Minutes and Clerk's Notes of the Regular
Meeting of August 8, 1995
Motion to approve renewal of the following beer and liquor licenses:
a. Class C Beer - Cyclone Truck Stop, 1811 S. Dayton
b. Class C Liquor - Panchero's, 109 Welch Avenue
c. Special Class C Liquor - Davinci's, 2514 Chamberlain
d. Class C Liquor - The Long Shot, 2900 West Street
e. Class B Beer - Flame 'n Skewer, 2801 N. Grand Mall
f. Class B - Long John Silver's Seafood Shop, 533 Lincoln Way
RESOLUTION NO. 95-362 approving changes to term limits for
Commission on the Arts members
RESOLUTION NO. 95-363 approving arts contract with AIOFA and AIOFA
Guild for FY 1995-96 funding
RESOLUTION NO. 95-364 approving award of contracts for Fleet
Replacements and Additions
RESOLUTION NO. 95-365 approving Annual Street Finance Report
RESOLUTION NO. 95-366 approving preliminary plans and specifications
for Continuous Emission System Monitoring Software Upgrade; setting
September 6, 1995 as bid due date and September 12, 1995 as date of
hearing and award of contract
RESOLUTION NO. 95-367 approving contract and bond in amount of
$928,821.98 for Bloomington Road Paving - Hoover to Grand
Roll Call Vote: 6-0. Resolutions 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.
LAND USE POLICY PLAN GOALS, OBJECTIVES, AND POLICIES: Motion by
Tedesco, Second by Wirth, to table approval of the Land Use Policy Plan
Goals, Objectives, and Policies until a Special Council meeting could be
scheduled for consideration of this item, and that such meeting occur by
September 30, 1995.
Coun. Tedesco offered a friendly amendment to his original motion as
follows: To proceed with the public part of the process this evening,
delaying approval of the LUPP Goals, Objectives, and Policies until a public
meeting can be held, said meeting to take place not later than September 12,
1995.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Parks, Second by Tedesco, to request that LUPP consultant Al
Raby be present at the special meeting to consider the proposed Goals,
Objectives, and Policies of the Land Use Policy Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
Leonard Goldman, 2030 Greeley, said he was not speaking as a representative of ISU or of the ISU
Research Park, but as a citizen of Ames. He said he applauded those who have worked hard in
meetings thus far on this issue. He said however, he reacted negatively to the notion of linkages
between public and private recreational areas, and said the result is a possibility that the private
landowner does not have control over his land, and that public access must be granted to private
lands. He said he felt the managed growth goal of a population of 62,000 by year 2030 was too
modest, and he suspected there was a "no-growth" attitude within the community to keep the
population close to 50,000. He said the Council needs to adopt a pro-growth policy. He said he also
had concern regarding whether or not the proposed goals and objectives pay attention to the market.
He said while he favored the southern area of the community targeted for growth, he is aware that
others do not agree with this concept. He said the implication that the developer should pay the
infrastructure costs for growth occurring elsewhere is onerous to the development community. He
said the goals and objectives should be altered so the City is positioned to begin to take advantage
of where the market says growth might happen.
Terry Lewis, 2216 North Dakota, said he was present representing the Onion Creek Neighborhood
Association. He said the Association has been disappointed in the LUPP discussions thus far, yet
is pleased the Council is willing to take more time to discuss and consider the issues involved. He
said several concerns have been expressed regarding Technical Memorandum No. 6, and said those
concerns must be addressed before the City moves forward on this issue. He said too much attention
is being focused on the process itself, and the concern that they are behind schedule on this issue.
He said a few more months spent on consideration of the goals and objectives would not be out of
line.
Sherry Dragula, 2121 Burnett, said she was a member of the Quality of Life Committee and of the
Planning Policy Committee, and was present to urge the Council not to approve Tech Memo #6 in
its present form. She said she believes the population figures and acres sought are too high, and
doesn't think that level of growth will be sustainable. She said she believes Ames should focus on
one priority area of growth at a time, rather than on a northern and southern growth area. She said
she thought it was premature to approve the concept of a northern highway at this time, and that the
need for such a highway should be studied first. She said traffic studies need to be done and
alternative ways of transportation explored.
Dave Carter, 709 Douglas, said he was representing the Ames Neighborhood Coalition. He said the
Coalition's Board of Directors strongly endorse the minority opinion submitted by Sherry Dragula
on the Planning Policy Committee. He said he appreciated Council's decision to discuss this issue
at a Special Meeting.
REVIEW OF ALTERNATIVES FOR LOW POINT DRAINAGE PROJECT IN
NORTHRIDGE SUBDIVISION: Public Works Director Paul Wiegand said Staff has explored
options to eliminate ponding that occurs in Northridge Parkway at the entrance to the subdivision
and at Rooftop Circle.
Tom Harrington, 3016 Northridge Parkway, said the back of his property would abut the proposed
surface water channelization program, and he was strongly opposed to that alternative. He
expressed concerns about the aesthetics of that program, and said it would also present a safety
concern for children. He said he felt the estimated cost for the program was optimistic and it would
cost more to re-vegetate the area. He said the neighbors feel the proposals offered by Staff as
solutions to the problem are too extreme, one being too expensive and the other being cost-efficient
at the sacrifice of aesthetics. He said the homeowners feel they have been given a "take it or leave
it" alternative. He said perhaps they don't have to plan for a 100-year storm, and some compromise
should be explored. He suggested a way might be found to more directly divert the run-off from the
Moore Park parking lot to the pond without disturbing the homeowners' properties. He said another
idea would be to construct a less dramatic detention basin in Lot A. He said he would like to see
alternatives such as these pursued.
Jane Cunningham, 2521 Park Vista Circle, President of the Northridge Homeowners Association,
submitted and read a prepared statement stating that the Association Board does not want the City
to take a "do-nothing" approach. She said contrary to the Staff report, the general consensus of the
residents is not that the City is harassing them, or that they want to be left alone. She said they know
the City is aware of the problem, and is making an effort to solve it. She said they do not believe
the surface water channelization program should be implemented, but that Staff should continue to
study the problem and develop a solution based on the future development of Northridge and of the
Taylor Farm. She said they wish the Staff to do more, not less.
Wendele Maysent, 2433 Ridgetop Circle, said he concurred with the statement read by Ms.
Cunningham. He said the surface water channelization program would require the homeowners to
give up an integral part of their backyards. He said the residents had bought their properties with
the understanding that the developer and the City had done their jobs and that the storm water
problem in Northridge had been taken care of. He said they do not want their backyards disrupted.
Steve Finnegan, 2439 Ridgetop Circle, said his main concern is that the flooding at Ridgetop Circle
is not being addressed. He said the proposed surface water channelization alternative would merely
move the problem from the Northridge entranceway to Ridgetop Circle. He said he felt the 48"
sewer pipe, if installed properly and tied in to the current system, would be a feasible solution which
would relieve some of the pressure being put on the existing 54" pipe. He said as a taxpayer, he was
concerned that the estimated cost of the 48" sewer pipe alternative had increased $57,000 since
1994. He said while the developers had paid for the cost of the detention ponds, they had also made
a commitment to help subsidize a program to correct the problem, yet he saw no evidence of that
in the proposed alternatives.
Carroll Marty, 2802 Ridgetop, said he was a member of the Northridge Homeowners Association
Board, and had been studying this problem for several weeks. He said what made the Northridge
situation unique from other areas in the community was the dam at the end of the storm sewer outlet.
He displayed a sketch showing how water goes out the pipe at the dam, and said nearly half of that
water is run-off from the Taylor Farm. He described how in a large rainfall, the water in the dam
will quickly fill up and flow more slowly through the 54" storm sewer pipe. He said he felt the 48"
sewer pipe would result in the same problems as at present. He said they must tie development in
the Taylor Farm to whatever solution is selected for the Northridge drainage problem, because
ultimately the systems are going to work together. He said a solution to consider would be putting
in a smaller 12" pipe from R-50, and pushing it through the Northridge area by hydraulic methods
so it wouldn't tear up residents' lawns. He said another alternative would be to dig a trench through
Moore Park and divert the water to the southwest of the park to Squaw Creek.
Motion by Parks, Second by Tedesco, to direct Staff to explore other
alternatives to solve the low-point drainage problem in Northridge
Subdivision, such as the diversion of water from the parking lot in Moore
Park, increasing capacity of the Moore Park pond, and a detention area in
the Taylor Farm area.
Vote on Motion: 6-0. Motion declared carried unanimously.
POLICY REGARDING SMOKE-FREE WORK ENVIRONMENT: Motion by Wirth,
Second by Hoffman, to adopt RESOLUTION NO. 95-368 approving change to
Section 20.10 of City of Ames Personnel Policies & Procedures regarding
smoke-free work environment.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
NEW 6-MONTH SEASONAL CLASS B BEER AND OUTDOOR SERVICE AREA PERMIT
FOR WALLABY'S: Motion by Hoffman, Second by Tedesco, to approve
new 6-month Seasonal Class B Beer and Outdoor Service Area permit for
Wallaby's, Cyclone Stadium, Iowa State University.
Vote on Motion: 6-0. Motion declared carried unanimously.
REPORT FROM CENTER FOR PERSONAL DEVELOPMENT: Bill Marion, President,
Center for Personal Development, reviewed his August 21, 1995 letter to Mayor Curtis regarding
the proceeds from the sale of the home at 1008 Burnett.
John Elliot, Center for Personal Development Treasurer, noted balance sheets contained in the report
showed two transfers from the escrow account to the operating account, both for unemployment
compensation.
Motion by Parks, Second by Tedesco, to accept the Report and to refer it to
Staff for a recommendation on utilization of the remaining funds.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIREWORKS PERMIT FOR ISU ATHLETIC ASSOCIATION: Motion by Hoffman,
Second by Brown, to approve request from ISU Athletic Association for
fireworks permit for Thursday, August 31, 1995.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON ALLEY 8TH TO 9TH STREET WEST OF DOUGLAS AVENUE PAVING
PROJECT: 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 Hoffman, to finally adopt RESOLUTION NO.
95-325 Resolution of Necessity for Alley 8th to 9th Street West of
Douglas Avenue Paving Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 95-369
approving preliminary plans and specifications for Alley 8th to 9th Street
West of Douglas Paving Project; setting September 9, 1995 as bid due date
and September 12, 1995 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.
HEARING ON AMENDMENT TO MUNICIPAL CODE REGARDING TRAFFIC
CRITERIA FOR HOME OCCUPATION PERMITS (FOR DAYCARES): 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 pass on first reading an
ordinance amending Section 29.10 (3) (e) of the Municipal Code regarding
traffic criteria for home occupation permits.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING MUNICIPAL CODE REGARDING EMERGENCY USE OF
SNOW BLOWERS: Motion by Hoffman, Second by Tedesco, to deny first
passage of proposed ordinance amending Municipal Code regarding emergency
use of snow blowers.
Roll Call Vote on Motion to Deny: 5-1. Voting Aye: Brown, Campbell,
Hoffman, Tedesco, Wirth. Voting Nay: Parks. Motion to Deny first
passage declared carried 5-1.
Coun. Wirth left the meeting at 8:45 p.m.
ORDINANCE REZONING PROPERTY FORMERLY KNOWN AS SOUTH DAKOTA
PARK: Motion by Campbell, Second by Brown, to pass on third reading and
adopt ORDINANCE NO. 3342 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: 5-0. Ordinance declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
DATE OF HEARING FOR ISSUANCE OF NOT TO EXCEED $4.5 MILLION GENERAL
OBLIGATION BONDS: Motion by Parks, Second by Brown, to adopt
RESOLUTION NO. 95-370 setting September 12, 1995 as date of hearing for
issuance of General Obligation Bonds in an amount not to exceed $4.5
million.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
P-C PLAN AMENDMENT FOR 515 GRAND AVENUE: Motion by Tedesco, Second
by Brown, to adopt RESOLUTION NO. 95-371 approving P-C Plan Amendment
to allow construction of an accessory building at 515 Grand Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ACKNOWLEDGEMENT OF "REASONABLE ATTEMPT" TO RELOCATE HOUSE AT
115 EAST 11TH STREET: Motion by Parks, Second by Tedesco, to adopt
RESOLUTION NO. 95-372 acknowledging actions of Harms Building
Partnership as being a "reasonable attempt" to relocate the house at 115 East
11th Street in compliance with Land Use Policy Plan housing policy for the
Hospital-Medical District.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ORDINANCE PROHIBITING PARKING IN NORTHRIDGE PARKWAY SUBDIVISION,
13TH ADDITION: Motion by Hoffman, Second by Brown, to direct the City
Attorney to prepare an ordinance prohibiting parking along the north side of
Goldenrod Circle, Evergreen Road, and the south side of Tupelo Circle.
Vote on Motion: 5-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING SPEED LIMITS, TRAFFIC CONTROL, AND PARKING
PROHIBITIONS ON BLOOMINGTON ROAD (GRAND TO HOOVER): Motion by
Brown, Second by Hoffman, to direct the City Attorney to prepare an
ordinance designating speed limits, traffic control, and parking prohibitions
on Bloomington Road (Grand to Hoover).
Vote on Motion: 5-0. Motion declared carried unanimously.
Coun. Wirth returned at 8:48 p.m.
BIKE RACKS ALONG WELCH AVENUE: Motion by Brown, Second by Hoffman,
to approve installation of seven bicycle "loop" racks along Welch Avenue in
Campustown as proposed by Staff, with funding to come from Council's
contingency account, and to direct Staff to evaluate the use of the racks
and to explore other areas where additional racks could be installed.
Vote on Motion: 6-0. Motion declared carried unanimously.
1995 PAVING PROGRAM NO. 1: Motion by Brown, Second by Campbell, to
delay award decision for Division I - Airport Road.
Ron Willey, Ron Willey Ford, distributed copies of an agreement between the City and Wal Mart
Stores, Inc., which discussed improvements to Airport Road. He said businesses in the area have
done everything the City asked, and they were asking that the City live up to its agreement for the
4-lane road, and that they do so as soon as possible. He said it was an internal problem if the bids
came in over budget, and the project should not be delayed for that reason. He said the bids should
be awarded and the project should be done.
Mr. Willey said he was concerned that one of the options under consideration was to put in turn
lanes rather than constructing a 4-lane road. City Manager Steve Schainker said while that option
had once been considered, Staff was currently working to develop a more cost-effective 4-lane
design. He said the two businesses in the area will be impacted by the delay, however, for the road
will not be put in until the next construction season. Mr. Willey said his business could put up with
a little inconvenience, as long as the road was eventually constructed.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-373
rejecting bids and cancelling assessment proceedings for Division II -
Bloomington Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-374
awarding Division III - S.E. 16th to Manatt's, Inc. in amount of $230,241.15.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
1995 SANITARY SEWER & WATER PROGRAM NO. 1: Motion by Hoffman, Second
by Campbell, to adopt RESOLUTION NO. 95-375 rejecting bids and cancelling
assessment proceedings for Division I - Bloomington Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-376
rejecting bids and cancelling assessment and connection fee ordinance
proceedings with respect to Division II - Sanitary Sewer on Ontario.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 95-377
awarding Division III - S.E. 16th Street to H & W Contracting LLC in
amount of $23,556.20 with additional cost of $1,604.00 to be paid from
Sanitary Sewer Fund.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
REPORT ON COST ESTIMATES FOR DOWNTOWN TREE REMOVAL: Motion by
Tedesco, Second by Parks, to select the $5100 estimate for removal of 17
Ash trees in Winter/Spring period, and to refer the issue of replacement
plantings to the Downtown District Development Plan consultant.
Vote on Motion: 4-2. Voting Aye: Brown, Campbell, Parks, Tedesco.
Voting Nay: Hoffman, Wirth. Motion declared carried 4-2.
Motion by Parks, Second by Wirth, to direct Staff to proceed with
notification process for tree removal to be funded from the Council
Contingency Fund.
Vote on Motion: 6-0. Motion declared carried unanimously.
Roger Wise, 619 Ash Avenue, said he would like the people who are complaining about the trees
to identify themselves. He said as a customer, he hasn't considered avoiding the Downtown area due
to either the trees or the birds. He said if he wished to shop in an concrete area devoid of trees, he'd
go to a mall. He said they needed to target the birds Downtown rather than the trees. He said he
was concerned that Ames would wind up with a barren Downtown with no shade, which he said
people would avoid. Mr. Wise said he'd been Downtown and it seemed almost every mature tree
between Lucullan's and Ames Stationers was targeted for removal.
REPORT ON STATUS OF GINKGO TREE SEED PICKING: Motion by Parks,
Second by Hoffman, to direct Staff to pick the Downtown Ginkgo tree seeds
again this year, to be funded from the Contingency Fund.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Brown left the meeting at 9:10 p.m
Motion by Wirth, Second by Hoffman, to add this item to the City's budget
as an annual appropriation so it did not have to be requested each year.
Vote on Motion: 5-0. Motion declared carried unanimously.
REPORT ON WATER PLANT LIME HANDLING SYSTEM: Water Department Director
Tom Neumann reviewed a report from consultants Vennstra & Kimm, Inc. evaluating the Water
Plant's lime handling system and transfer equipment. He noted Staff was recommending the scope
of the project be changed to eliminate the present system, and to substitute an improved lime feeding
system.
Motion by Parks, Second by Tedesco, to modify the scope of the Water Plant
Lime Handling project and amend the project budget to $148,820.
Vote on Motion: 5-0. Motion declared carried unanimously.
CONTRACT RENEWAL FOR LIME SLUDGE DISPOSAL PROJECT: Motion by
Parks, Second by Tedesco, to adopt RESOLUTION NO. 95-378 accepting
completion of '94-95 Lime Sludge Disposal Project in amount of $148,745.62,
and approving renewal of contract with Ponderosa Dredging Company for
'95-96 project in amount of $20.37/ton for a total estimated cost of
$152,775.00.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
AGREEMENT WITH IEA FOR WATER POLLUTION CONTROL PLANT NATURAL
GAS SERVICE: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION
NO. 95-379 approving agreement with IEA for WPC Plant Natural Gas Service
and authorizing procurement of auxiliary heating equipment.
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 said the streetlights at the 800
block of Douglas Avenue have been out for nearly four days.
Coun. Tedesco questioned whether the speed limit on South Duff had been reviewed recently.
Public Works Director Paul Wiegand said the Department of Transportation was responsible for
setting that limit. He said he would check their latest study and report back.
Coun. Parks said he appreciated the amount of work Staff had put into many of the items on the
Council's agenda this evening.
Motion by Parks, Second by Campbell, to direct the City Attorney to
research ordinances other cities may have adopted to deal effectively
with juice bars.
Vote on Motion: 5-0. Motion declared carried unanimously.
Coun. Parks requested that Council's attention be drawn to the fact whenever Staff's
recommendations include a significant modification to project specifications that will impact the
amount originally budgeted for a project.
Coun. Tedesco noted at the August 15 meeting, he had mentioned the new billboard on Lincoln
Way. He said he has heard from business owners on South Duff who have received letters from the
company that installed that billboard, seeking new business. He reiterated that he did not believe
billboards were appropriate on South Duff.
Motion by Tedesco, Second by Hoffman, to schedule consideration of the
designation of billboards in the City's sign ordinance on a future agenda.
There was discussion regarding whether the Council wished to review the entire sign ordinance at
the same time. Coun. Parks said it would take longer to review the entire sign ordinance than to
consider only billboards at this time.
Vote on Motion: 5-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Parks, that consideration of an ordinance
dealing with very high towers be scheduled on an upcoming Council agenda.
There was discussion regarding whether the Council should consider location and size of the towers.
Coun. Parks suggested they explore what other communities are doing in terms of tower height.
Coun. Campbell said they should consider zoning areas and restrictions. Coun. Wirth suggested
they also look at the technology allowing more than one user per tower.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mayor Curtis noted the Water Pollution Control Plant would receive the EPA Region 7 Beneficial
Reuse of Bio-Solids Award. He said the award ceremony would be held at the WPC Plant on
August 24, 1995 at 2:00 p.m. He said Coun. Campbell would accept the award on behalf of the City.
ADJOURNMENT: The meeting adjourned at 9:25 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor