HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/14/1995OFFICIAL MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 14, 1995
The Ames City Council met in regular session at 7:00 p.m. on the 14th day of November, 1995, 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: Hoffman, Parks, Quirmbach, Tedesco,
and Wirth. Coun. Campbell was absent.
OATH OF OFFICE: Mayor Curtis administered the Oath of Office to new 4th Ward City
Councilperson Herman Quirmbach.
PROCLAMATION: Mayor Curtis read a proclamation designating the week of November 12-18,
1995 as American Education Week within the City of Ames. Pauline Sampson was present
to accept the proclamation on behalf of the Ames Community School System, and presented the
City with a poster and blue ribbons for the Mayor and Council to wear in recognition of the
week.
CONSENT AGENDA: Motion by Hoffman, Second by Parks, 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 Special Meeting of November 1, 1995 and Official
Minutes and Clerk's Notes of Regular Meeting of October 24, 1995
Motion to approve renewal of the following beer and liquor licenses:
a. Class B Beer - Ruttles, 531 S. Duff
b. Class C Beer - Kum & Go #209, 3337 Lincoln Way
c. Class C Beer - Kwik Shop #550, 715 24th Street
d. Class D Liquor - Pizza Hut, 436 S. Duff
Motion to set special and regular meeting dates in January, February, and March 1996 (Removed
for separate consideration; See action at the end of this section)
RESOLUTION NO. 95-488 approving contract with Richmond Center for Child Abuse
Treatment Center
RESOLUTION NO. 95-489 setting fee for Pawnbrokers/Precious Metal Dealers Permit
RESOLUTION NO. 95-490 accepting bids and awarding contract for installation of Digital
Control Units to Story Electric Contractors of Ames in accordance with unit prices bid
RESOLUTION NO. 95-491 accepting bids and awarding contract for Winter Tree Trimming
RESOLUTION NO. 95-492 approving plans and specifications for Ontario Street Sanitary
Sewer and Water Main; setting December 6, 1995 as bid due date and December 19, 1995 as
date of hearing and award of contract
RESOLUTION NO. 95-493 accepting completion of subdivision improvements in Cochrane's
Second Addition
Request for quit claim deed for property located at 4616 Toronto:
a. RESOLUTION NO. 95-494 proposing conveyance of property located at 4616 Toronto;
setting November 21, 1995 as date of hearing
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
SEPARATE CONSIDERATION:
DATES FOR UPCOMING MEETINGS: Coun. Hoffman noted Council had received a memo
from the City Clerk listing an additional meeting date, January 16, 1996 at 5:30 p.m. for a
worksession on the 1996-2001 Capital Improvement Program.
Motion by Hoffman, Second by Tedesco, to set the following City Council meeting dates:
January 9 and 23, 1996 Regular Meeting; January 16, 5:30p.m., Special Meeting for CIP
Worksession; February 6, 1996 Regular Meeting; February 9, 2:00 p.m., Budget Overview
Session; February 13, 14, 15, 20, 5:00 p.m., Budget Hearings; February 27, 1996, Regular
Meeting; and March 5 and 19, 1996, Regular Meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
PUBLIC FORUM: No one appeared to speak at this time.
REQUEST FROM RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) REGARDING
ROLLOVER OF FUNDING: Motion by Parks, Second by Hoffman, to approve request from
RSVP regarding rollover of funding.
Vote on Motion: 5-0. Motion declared carried unanimously.
ENCROACHMENT PERMIT FOR AWNING AT 118 EAST LINCOLN WAY (DIAMOND
VOGEL): Motion by Tedesco, Second by Wirth, to approve request for encroachment permit for
awning at 118 East Lincoln Way (Diamond Vogel Paint).
Vote on Motion: 5-0. Motion declared carried unanimously.
DOWNTOWN BETTERMENT ASSOCIATION REQUESTS FOR HOLIDAY
PROMOTIONS: Motion by Tedesco, Second by Hoffman, to approve request to allow decorations
and lights in trees in Tom Evans Plaza from November 18-December 31, 1995.
Vote on Motion: 5-0. Motion declared carried unanimously.
Motion by Tedesco, Second by Hoffman, to waive electric fees for decorative lights on Main
Street buildings from November 18, 1995 to January 2, 1996.
Vote on Motion: 5-0. Motion declared carried unanimously.
Motion by Tedesco, Second by Hoffman, to approve suspension of parking rules and regulations
for Central Business District on December 16 and 23, 1995.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST FROM DEVELOPERS OF NORTHRIDGE PARKWAY SUBDIVISION TO
VACATE EXCESS RIGHT-OF-WAY LOCATED SOUTH OF R-50 AND WEST OF
GEORGE WASHINGTON CARVER BLVD.: Motion by Tedesco, Second by Parks, to
designate the parcel as excess right-of-way and indicate a desire to sell the parcel to adjacent
landowners based on a formal appraisal once zoning issues have been determined.
Vote on Motion: 5-0. Motion declared carried unanimously.
REQUEST TO ANNEX PROPERTY GENERALLY LOCATED NORTHWEST OF
INTERSECTION OF EAST 13TH STREET AND DAYTON AVENUE: Mayor Curtis noted
this item had been pulled from tonight's agenda. He said he would discuss the process to be
followed later on in the agenda.
P-C PLAN AMENDMENT FOR PROPERTY LOCATED AT 123 SIXTH STREET: Motion
by Tedesco, Second by Parks, to adopt a resolution approving a P-C Plan amendment to install
a sign for an insurance office at 123 Sixth Street.
Roll Call Vote: 3-2. Voting Aye: Parks, Quirmbach, Tedesco. Voting Nay: Hoffman, Wirth.
Resolution declared failed 3-2. (4 votes required for adoption).
P-C PLAN FOR PROPERTY LOCATED AT 323 WEST SIXTH STREET: Mayor Curtis
noted he had a financial interest in this property, but had no vote in this issue.
Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 95-495 approving P-C Plan
for 323 West Sixth Street to allow the installation of an ATM, reorganization of the west parking
lot, and the installation of two signs, with the stipulation recommended by the Planning and
Zoning Commission.
Roll Call Vote: 4-1. Voting Aye: Hoffman, Parks, Tedesco, Quirmbach. Voting Nay: Wirth.
Resolution declared adopted 4-1, signed by the Mayor, and hereby made a portion of these
minutes.
REVISED CONCEPTUAL DEVELOPMENT PLAN FOR BLOOMINGTON HEIGHTS
SUBDIVISION: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-496
approving revised Conceptual Development Plan for Bloomington Heights Subdivision, with
stipulations as recommended by the Planning and Zoning Commission.
Rich Harter, 3913 Brookdale Circle, said he had previously appeared before the Planning &
Zoning Commission when this issue was considered. He said he was not opposed to the
proposed revision, but wished to point out that this development has grown extensively and
despite the number of small children in the area, the CDP contains no proposed park. He said
the residents hope the developer considers a park in the area.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PLANNED UNIT DEVELOPMENT PLAN FOR BLOOMINGTON COURT: Motion by
Tedesco, Second by Parks, to adopt RESOLUTION NO. 95-497 approving Planned Unit
Development Plan for Bloomington Court, with stipulations asrecommended by the Planning
and Zoning Commission.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON PROPOSED REZONING OF PROPERTY GENERALLY LOCATED
NORTHWEST OF INTERSECTION OF EAST 13TH STREET AND DAYTON AVENUE:
Mayor Curtis said as this property had not been annexed previously this evening, the issue of
rezoning could not be considered. He said however, as this issue had been scheduled and legal
notice published, the public hearing would be convened. He said a future hearing will be
scheduled, and the proponents of this issue would bear the costs of publishing and noticing the
additional hearing.
Mayor Curtis declared the public hearing open.
Merlin Pfannkuch, 1424 Kellogg, said he felt if the Central Ames neighborhood could wait until
the LUPP update was completed for a decision on its rezoning request, this request could wait
as well. He said the way the territory fit into the natural environment needed to be considered.
He said there was a considerable amount of parkland in the area. He said he was discouraged
by much of the new growth within the City.
There being no one present wishing to testify further, the public hearing was declared closed.
HEARING ON ONTARIO STREET SANITARY SEWER AND WATER CONNECTION
FEE DISTRICT: Mayor Curtis declared the public hearing open.
Phil Matusiak, 3500 Grand, said he was speaking on behalf of Elizabeth McDorman, one of the
property owners of 5408 Ontario. He said the 600 ft. x 300 ft. area for which they are being
assessed is not going to be developed for residential use. He said therefore they do not wish to
be assessed for the south side of Ontario. He said the property is within Story County, but is not
part of the City of Ames. He said while the property is not going to be developed, they do have
the option of connecting in the future to the water main and sanitary sewer being extended for
development on the north side of Ontario. He said if they did decide to connect, they questioned
why their one residential lot would be assessed the same amount as the developer's two
residential lots. He said they own homes within the City of Ames, and are concerned why City
taxpayers are being billed for 50% of this project, when the south side of the road was County
property.
There being no one further wishing to testify, the public hearing was declared closed.
Motion by Parks, Second by Tedesco, to pass on first reading an ordinance amending the
Municipal Code for the purpose of establishing a water and sanitary sewer connection fee district
with respect to certain land abutting Ontario Street.
Coun. Parks said it should be clarified that Ames taxpayers were not being assessed for this
project. Mayor Curtis agreed and said water and sewer utility fees were involved rather than tax
dollars. He said the assessment was not a charge at this time, but only if the user wished to
connect to the service. He said it was a potential fee, and this process was a result of a change
in the State law regarding establishing fee districts ahead of time.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON NUISANCE ASSESSMENTS: 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. 95-498 assessing costs of
sidewalk repair and certifying assessments to the County Treasurer.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON PARK DEVELOPMENT AT DALEY PARK: 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 accept report of bids and delay award of contract.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON LINCOLN WAY SANITARY SEWER RELIEF LINE: 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 adopt RESOLUTION NO. 95-499 approving final
plans and specifications and awarding contract to Westcon/Dillingham Joint Venture of Pleasant
Grove, Utah in amount of $1,353,885.00.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON 1995 PAVING PROGRAM NO. 2 (8TH - 9TH STREET WEST OF
DOUGLAS ALLEY PAVING): 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 adopt RESOLUTION NO. 95-500 approving final
plans and specifications, and awarding contract to ConStruct, Inc. of Ames, Iowa in amount of
$14,425.50.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON UNIT #7 GENERATOR INSPECTION & GENERATOR FIELD
RETAINING RING REPLACEMENT PROJECT: 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 Wirth, to adopt RESOLUTION NO. 95-501 approving final
plans and specifications, and awarding contract to Lovegreen Turbine Services, Inc., of Blaine,
Minnesota, in amount of $217,884.00.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
CHANGE ORDER FOR POWER PLANT ASH DISPOSAL CONTRACT: Motion by
Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-502 approving Change Order #1
in amount of $82,935 for Power Plant Ash Disposal contract.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
WAIVER OF FORMAL BIDDING REQUIREMENTS AND APPROVAL OF NEGOTIATED
PURCHASE OF TWO POLICE CARS: Motion by Tedesco, Second by Hoffman, to adopt
RESOLUTION NO. 95-503 waiving formal bidding requirements and allowing Staff to
negotiate purchase of two police cars from Ron Willey Ford.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REAP GRANT AGREEMENT FOR STUART SMITH PARK: Motion by Hoffman, Second
by Parks, to adopt RESOLUTION NO. 95-504 approving REAP Grant agreement for Stuart
Smith Park.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REPORT ON STREET DESIGNATIONS: Mayor Curtis noted Council had received a memo
dated November 14, 1995 from Traffic Engineer Scott Logan correcting the boundaries of the
area that would be affected by the proposed change.
Motion by Hoffman, Second by Wirth, to direct the City Attorney to prepare ordinance changing
street names in the "north" Riverside-Oak area, bounded by Lincoln Way, the Union Pacific
Railroad tracks, Squaw Creek, and Grand Avenue.
Keith Schrag, 1211 Third, said the neighborhood appreciated the responsiveness of City Staff
and felt this recommendation would clear up much confusion in the area.
Vote on Motion: 5-0. Motion declared carried unanimously.
AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION FOR 30TH
STREET RECONSTRUCTION - HOOVER TO GRAND: Motion by Wirth, Second by Parks,
to adopt RESOLUTION NO. 95-505 approving agreement with Iowa Department of
Transportation for Federal Aid for Reconstruction of Thirtieth Street from Grand Avenue to 300'
East of Hoover Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
AUTHORIZATION OF INCREASE OF CITY SHARE OF COSTS FOR ISU
INSTITUTIONAL ROAD PROJECT: Motion by Parks, Second by Hoffman, to adopt
RESOLUTION NO. 95-506 authorizing reimbursement of $31,475.01 to Iowa State University
as City share of ISU Institutional Road Project.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
FIELD CHANGE ORDERS FOR RDF BIN MODIFICATION PROJECT: Motion by
Tedesco, Second by Parks, to adopt RESOLUTION NO. 95-507 approving Field Change Orders
F-1 through F-4 in the amount of $9,711.00 for RDF Bin Modification Project.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ORDINANCE REPEALING BUILDING LINE ORDINANCES: Motion by Tedesco, Second
by Wirth, to pass on first reading an ordinance to repeal ordinances establishing building lines
with respect to certain streets in the City of Ames.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Motion by Parks, Second by Tedesco, to suspend the rules required for the
adoption of an ordinance.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Parks, to pass on second and third reading and adopt
ORDINANCE NO. 3354 repealing ordinances establishing building lines with respect to certain
streets in the City of Ames.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
AMENDED ORDINANCE DESIGNATING SMOKE-FREE CITY BUILDINGS AND
VEHICLES:Motion by Hoffman, Second by Tedesco, to pass on second reading a revised
amendment to the ordinance designating smoke-free City Buildings and Vehicles, effective May
1, 1996, reinstating the provisions related to smokeless tobacco.
Roll Call Vote: 5-0. Motion declared carried unanimously.
COMMENTS AND FUTURE AGENDA ITEMS: Motion by Wirth, Second by Tedesco, to refer
to Staff request from Phil Genovese regarding parking at North Grand Mall.
Vote on Motion: 5-0. Motion declared carried unanimously.
Coun. Tedesco noted the annual County-wide meeting for elected officials at the Resource
Recovery Plant would be held tomorrow evening, November 15, 1995.
Coun. Parks extended a welcome to Coun. Quirmbach.
Mayor Curtis noted Staff had indicated they would be contacting Council members for possible
dates for the next meeting with LUPP consultant Al Raby.
Coun. Hoffman said she had received a request from residents for a "slow" sign on Wheeler, for
vehicles exiting the Commercial area, and asked Staff to look into installing the sign.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor