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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/19/1995 OFFICIAL MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 19, 1995 The Ames City Council met in regular session at 7:00 p.m. on the 19th day of December, 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: Campbell, Hoffman, Quirmbach, Tedesco, and Wirth. Coun. Parks was absent. PRESENTATION OF HUMAN RELATIONS HUMANITARIAN AWARDS: Mayor Curtis and Abe Epstein, Chair of the Human Relations Commission, presented 1995 Humanitarian Awards to Dorothy Labensohn and Sheryl Andre for having significantly contributed to ensuring the rights of physically challenged individuals. Mayor Curtis said Ms. Epstein and Ms. Labensohn had performed a tremendous service for the City and for all of its residents. Ms. Labensohn was present to accept her award, and Assistant to the City Manager Sheila Lundt accepted the award on behalf of Ms. Andre. 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 Meeting and Official Minutes and Clerk's Notes of the Regular Meeting of December 5, 1995 Motion to approve renewal of the following beer and liquor licenses: a. Class B Liquor and Outdoor Service Area - University Inn, 316 S. Duff b. Class C Liquor - Aunt Maude's, 543-547 Main c. Class C Liquor and Outdoor Service Area - O'Malley & McGee's Mexican Cafe, 716 South Duff d. Class C Beer - Kwik Shop, Inc., 125 6th Street e. Class C Beer - Chars, 3100 South Duff f. Class B Beer - Pizza Pit, 207 1/2 Welch g. Special Class C Liquor - Sukothai, 223 Welch h. Special Class C Liquor - Garden Cafe, 546 Main Motion to refer to Planning & Zoning Commission request for annexation of property generally located south of Oakwood Road and east of Cedar Lane Motion authorizing Staff to submit State Recreational Trail Grant for Elwood Drive Bike Trail Motion to approve certification of Civil Service applicants RESOLUTION NO. 95-541 approving reappointment of Judie Hoffman to Transit Agency Board of Trustees RESOLUTION NO. 95-542 approving reappointment of Ted Tedesco to 1-year term on Ames Convention and Visitors Bureau Board of Directors RESOLUTION NO. 95-543 approving reappointment of City representatives to CIRTPA Transportation Policy & Technical Committees RESOLUTION NO. 95-544 approving request to subordinate mortgage lien for property located at 5419 Schubert RESOLUTION NO. 95-545 approving contract and bond in amount of $58,660.00 for Bloomington Road Sanitary Sewer Program RESOLUTION NO. 95-546 approving contract and bond in amount of $427,375.00 for Hyland Avenue Utility Improvements Project RESOLUTION NO. 95-547 accepting completion of subdivision improvements in Green Hills Subdivision, 2nd Addition RESOLUTION NO. 95-548 accepting completion of subdivision improvements in Parkview Subdivision, 21st Addition RESOLUTION NO. 95-549 accepting completion of subdivision improvements in Brookview Place Subdivision, 1st Addition RESOLUTION NO. 95-550 accepting completion of subdivision improvements at 1118 South Duff RESOLUTION NO. 95-551 accepting completion of fire line at 2321 North Loop Drive RESOLUTION NO. 95-552 accepting completion of fire line at 321 State Avenue RESOLUTION NO. 95-553 accepting completion of fire line at 4300 Maricopa Drive RESOLUTION NO. 95-554 accepting completion of fire line at 123 Airport Road RESOLUTION NO. 95-555 accepting completion of Pearle Avenue Storm Sewer Project in amount of $58,790.34 RESOLUTION NO. 95-556 accepting completion of Concrete Repair Program, Bloomington Rd. Bikepath in amount of $34,808.69 RESOLUTION NO. 95-557 accepting completion of U.S. 30 South Dayton Lift Station Project in amount of $332,724.58 RESOLUTION NO. 95-558 accepting completion of 24th Street/Stange Road/Hyland Avenue/Ontario Street Traffic Signal Project in amount of $113,001.00 RESOLUTION NO. 95-559 accepting completion of South Duff Sanitary Sewer Extension Project in amount of $46,451.00 Roll Call Vote: 5-0. 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. NEW CLASS C LIQUOR LICENSE FOR THUMBS, 2816 WEST STREET: Motion by Campbell, Second by Wirth, to approve new Class C Liquor license for Thumbs, 2816 West Street. Vote on Motion: 5-0. Motion declared carried unanimously. BANNER REQUEST FROM AMERICAN CANCER SOCIETY: Motion by Campbell, Second by Hoffman, to approve request from American Cancer Society - Story County Unit, for banner across Main Street from January 10-February 11, 1996. Vote on Motion: 5-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR FIRSTAR EVE: Motion by Hoffman, Second by Tedesco, to approve request from FirStar Bank for fireworks permit on December 31, 1995 for FirStar Eve. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FOR REVISED PERMITTED USES FOR P-C DISTRICTS: Motion by Tedesco, Second by Wirth, to refer to Planning & Zoning Commission request from R.K. Mathison to revise permitted uses for Planned-Commercial districts to permit vehicle parking. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON AMENDMENT OF MUNICIPAL CODE TO ADOPT 1996 NATIONAL ELECTRICAL CODE: Mayor Curtis declared the public hearing open. Carroll Nikkel, Nikkel & Associates, 728 E. Lincoln Way, asked for a delay in adoption of this ordinance for at least 90 days, and said he would prefer a 1-year delay. He said the 1996 National Electrical Code (NEC) contained substantial changes, and was nearly 100 pages long. He said his company presently has a number of projects designed under the 1993 Code which are not yet ready to submit for permits. He said it would be very costly to redesign those projects for submittal to comply with the '96 Code if it went into effect January 1. He said he employs nearly 100 electricians, and it would take time to train them on the new Code changes. He said he knew the Council was concerned about housing costs, and said that was one area that would be greatly impacted by the new Code changes. He said he was not aware of a public hearing being held on this matter prior to this evening. Jon Diller, 233 17th Street, Chair of the Electrical Board of Examiners and Appeals, said the issue of adopting the new NEC comes before the Council every 3 years, and has created no problems in the past. He said he could understand allowing a period of leniency for contractors who had projects not bid or permitted at this time, but did not feel there should be a delay in adopting the ordinance this evening. He said since last July, there have been many trade publications outlining these changes, and courses on the changes had also been available. When questioned by Mayor Curtis, Mr. Diller said he would prefer to meet again with the Board and return to Council with the Board's recommendation regarding a delay in the implementation date of the ordinance. He said otherwise, the Council might consider approving the ordinance this evening, with a 60-day implementation date. There was discussion regarding whether the Board had held a public hearing on the NEC changes. Building Official Jeff Pearson explained that while a separate public hearing on adoption of the 1996 NEC had not been held, it had been included in a public hearing held on minor changes regarding licensing and other administrative items. He said those other issues were not included on tonight's agenda, as there had not been sufficient time to prepare a Staff report on those issues for Council's consideration. He said however, the public hearing on the NEC and the administrative items had been held, with notice duly published. He said no response had been received. There being no one present wishing to testify further, the public hearing was declared closed. Motion by Quirmbach, Second by Tedesco, to table this item until the first Council meeting in February 1996 (February 6, 1996). Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON ONTARIO STREET SANITARY SEWER & WATER MAIN 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 Wirth, to adopt RESOLUTION NO. 95-560 approving final plans and specifications and awarding contract to Van Hauen & Associates of Clive, Iowa, in amount of $92,881.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON OPTIC FIBER CABLE INSTALLATION: 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 Campbell, to reject all bids received. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON POWER PLANT FIRE PROTECTION 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 Tedesco, to adopt RESOLUTION NO. 95-561 awarding contract to Midwest Automatic Fire Sprinkler Company of Des Moines, Iowa in amount of $217,000.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DESIGNATION OF PARKING PROHIBITIONS IN BLOOMINGTON HEIGHTS, PLATS 4 AND 5: Motion by Campbell, Second by Wirth, to pass on first reading an ordinance designating parking prohibitions in Bloomington Heights, Plats 4 and 5. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY GENERALLY LOCATED NORTHWEST OF INTERSECTION OF EAST 13TH AND DAYTON: Motion by Tedesco, Second by Campbell, to pass on second reading an ordinance rezoning property generally located northwest of the intersection of East 13th Street and Dayton Avenue from A-1 (Agricultural, Story County) and G-I (General Industrial) to G-C (General Commercial). Roll Call Vote: 4-1. Voting Aye: Campbell, Hoffman, Quirmbach, Tedesco. Voting Nay: Wirth. Absent: Parks. Motion declared carried 4-1. POTENTIAL FLOOD MITIGATION MEASURES: Assistant City Manager Bob Kindred reviewed efforts of the multi-jurisdictional Flood Task Force, and said they have invited the public to provide input on flood mitigation measures. He said the Task Force and the consultants will return to Council in January with recommendations on the short-list of mitigation measures, and will return later with final recommendations from the Flood Study. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-562 approving change order to contract with Snyder & Associates, Inc. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-563 approving 28-E agreement with partner entities to share cost of change order. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-564 approving $5,000 addition to contract with Snyder & Associates for surveying structures in the floodplain, for which the City would be entirely liable. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DISCUSSION OF FUTURE OF AMES/ISU ICE ARENA: City Manager Steve Schainker reviewed the Staff Report which summarized discussions held between the Parks & Recreation Commission, City Staff, and Ice Arena users regarding whether the City should continue to manage the Ice Arena, and regarding the long-range future of the building itself, i.e., whether it should be renovated or whether a new facility should be built. He said tonight's discussion was only on the issue of whether the City should continue to manage the operation of the Ice Arena. He said the facility has has served its purpose well for 16 or 17 years, but has now reached the end of its economic life expectancy, and Staff was concerned that the City was presently "at a crossroads" regarding whether it could continue to operate the facility in its current condition. Mr. Schainker said Staff was asking for guidance from Council regarding whether they wish the City to continue management of the facility. He said they need a plan to resolve the problems at the facility. He said after much deliberation, Staff's recommendation is not to cancel the management contract at this time, but to extend the contract for one year, predicated on the following, as contained in the Staff Report: A. Establish a committee, co-chaired by the Director of Parks and Recreation and the ISU Dean of Students, with representation of iceuser groups/GSB, etc., to review and implement the following tasks B-F. B. A facility assessment completed to determine 1) Cost estimates to renovate the entire existing arena and 2) the location/size/cost, etc. of a new arena being built. (Funding for this assessment could be derived from the Arena Trust Fund.) It is anticipated that a private fund drive will be needed to accomplish either renovation or new construction. By knowing both costs, interested parties can determine their fund drive goal and assess the feasibility of attaining it. C. Public meeting(s) held with users/residents/GSB to inform them of existing facility conditions and assess their interest in either renovating the existing arena or constructing a new facility, based upon their need. D. Establish a fund drive/support committee to begin the process of determining the public's financial support for either the renovation or new arena construction. E. Determine ownership/management of the facility effective FY 97/98: --City --Private - For Profit --Private - Not for Profit --University F. Fund drive committee to receive pledges indicating financial support for the total cost of either renovation or new arena construction by December 15, 1996. Scott Huebsch, 5510 Hickory Hills Drive, said he was a member of the Board of Directors of the Ames Minor Hockey Association. He said he agreed with Staff and with Mayor Curtis that a vast majority of the hockey players were citizens of Ames. He said the City has done a good job of managing the facility, and they would like to see that continue until a solution to the problem could be found. He said there was a problem to solve, but stressed that the Arena was a positive activity for the youth of Ames. Motion by Campbell, Second by Wirth, to approve the City Manager's recommendation that the City continue to manage the Ice Arena for ISU through FY 96/97, giving notice to ISU and the Ice User groups that in the event tasks A-F as listed in the Staff Report are not accomplished by December 15, 1996, termination of the agreement may be forthcoming at that time. Vote on Motion: 5-0. Motion declared carried unanimously. OFFICIAL NAMING OF FLOOD BUY-OUT AREA AS ADDITION TO STUART SMITH PARK: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 95-565 officially naming flood buy-out area as addition to Stuart Smith Park. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AUTHORIZATION OF EXPENDITURE FOR ADDITIONAL TRIPS FOR LUPP PROJECT: Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 95-566 authorizing expenditure of City funds for additional trips as part of the Land Use Policy Plan project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REVISED CEBA CONTRACT FOR VISIONAIRE: Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-567 approving revised CEBA contract for VisionAire. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING PROHIBITIONS ON SOUTH 16TH STREET: Motion by Tedesco, Second by Wirth, to direct City Attorney to prepare ordinance designating parking prohibitions on South 16th Street. Vote on Motion: 5-0. Motion declared carried unanimously. "SOUTH BELL" STREET NAME CHANGE: Motion by Hoffman, Second by Campbell, to direct City Attorney to prepare ordinance changing street name. Vote on Motion: 5-0. Motion declared carried unanimously. COMMENTS AND FUTURE AGENDA ITEMS: Coun. Quirmbach said he had attended the Youth and Shelter Services annual Holiday luncheon, and wished to note that FirStar Bank, NorWest Bank, and First National Bank were providing discount rate funding to help launch financing for the renovation of the 1915 Municipal Building. He said it was a commendable effort by the business community. In response to a comment from Coun. Campbell, Traffic Engineer Scott Logan said the request from Jim Cornwell at Better Homes and Gardens Realty had been resolved to Mr. Cornwell's satisfaction. ADJOURNMENT: The meeting adjourned at 8:02 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor