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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/22/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 22, 1994 The Ames City Council met in regular session at 7:00 p.m., March 22, 1994, in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council Members present: Campbell, Hoffman, Parks, Tedesco, and Wirth. Council Member Brown was absent. PROCLAMATION FOR YEAR OF THE FAMILY: Mayor Curtis proclaimed 1994 as International Year of the Family. Janet Anderson and Karen Shirer were present to accept the proclamation. CONSENT AGENDA: Moved by Hoffman, seconded by Parks, to approve the following items on the Consent Agenda: Motion to approve payment of claims. Motion to approve minutes of the special meeting of March 1, 1994, and the regular meeting of March 8, 1994. Motion to approve renewal of the following beer and liquor licenses: a) Class C Liquor - Lucullan's, 400 Main Street. b) Class C Beer - Fareway Stores, 619 Burnett Avenue. c) Class E Beer - Cub Foods, 3121 Grand Avenue. d) Class E Liquor - Cub Foods, 3121 Grand Avenue. e) Class C Liquor - Cy's Roost & Don's Deli, 121 Welch Avenue. f) Class C Liquor - Last Call/Coliseum, 2522 Chamberlain Street. g) Special Class C Liquor - Duds 'n Suds, 2425 Grand Avenue. RESOLUTION NO. 94-99 approving and confirming appointments to various boards and commissions. RESOLUTION NO. 94-100 approving matching grant application to the Iowa Arts Council. RESOLUTION NO. 94-101 approving ISU Biomass Research agreement for use of old WPC Plant. RESOLUTION NO. 94-102 approving waiver of formal bidding requirements and authorizing purchase of software application from HTE, Inc., for Inspections Division. RESOLUTION NO. 94-103 approving delay of contract award for Metals Disposal Contract for Resource Recovery Plant. RESOLUTION NO. 94-104 approving contract and bond for Van Hauen & Associates in the amount of $179,401.00 for S.E. 5th Street Improvements Project. RESOLUTION NO. 94-105 approving plans and specifications for 1994 Concrete Repair Program; setting April 20, 1994, as bid due date and April 26, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-106 approving plans and specifications for Utilities for Bentwood Subdivision; setting April 20, 1994, as bid due date and April 26, 1994, as date of public hearing and award of contract. RESOLUTION NO. 94-107 accepting completion of Elwood Drive/South 4th Street Reconstruction Project and approving supplemental agreement. RESOLUTION NO. 94-108 accepting completion of truck weigh scale. RESOLUTION NO. 94-109 approving reappointment of John Parks to the Utility Retirement Board of Trustees. RESOLUTION NO. 94-114 approving 28-E Agreement for improved flood warning system. 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 for this portion of the meeting. NEW LIQUOR LICENSES: Moved by Hoffman, seconded by Tedesco, to approve the following new liquor license applications: a) Seasonal Class B Beer - Homewood Golf Course, 20th & Duff. b) Class C Liquor - The Mission, 126 Welch Avenue. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM PUSH: Moved by Parks, seconded by Wirth, to approve a request from People Understanding the Severely Handicapped (PUSH) to allow under-age persons on the premises of People's Bar and Grill, 2428 Lincoln Way, while alcohol is being served on April 12, 1994, between 7:00 p.m. and 2:00 a.m. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM ALPHA CHI OMEGA: Moved by Campbell, seconded by Tedesco, to approve a request from Alpha Chi Omega to allow under-age persons on the premises of the Coliseum, 2522 Chamberlain, on March 25, 1994, from 8:00 to 11:00 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. DRIVEWAY ACCESS FOR H&F OFFICE BUILDING: Moved by Wirth, seconded by Campbell, to deny access onto South 16th Street for the Hunziker and Furman Office Building. Dean Hunziker, 803 24th Street, informed those present that he was asking Council to approve an exception to the City's policy regarding placement of driveways on arterial streets. Mr. Hunziker reported that when his firm purchased the property at the corner of South 16th Street and Duff Avenue, they were led to believe that two accesses, one from South 16th Street and the other from Buckeye Avenue, would be allowable. Since City policy revisions have been incorporated, he has now been informed that access to the new office building was denied from South 16th Street and that the only entrance to the property would be accessed from Buckeye Avenue. Mr. Hunziker was concerned that access to the new site would be confusing to patrons trying to enter the property. He was also concerned that the new office building would not have a South 16th Street address, but would be assigned a Buckeye Avenue address. Paul Wiegand, Public Works Director, stated Staff's concerns regarding private property accesses onto arterial streets. He stated that the proposed South 16th Street access was denied due to safety and traffic efficiency purposes. He further stated that there was a higher potential for accidents involving bicyclists and pedestrians because of the bicycle path adjacent to this site on South 16th Street. There was discussion regarding a one-way entrance to the site and changing the driveway angle so as to inhibit two-way traffic. Mr. Wiegand gave background information regarding the policy change in 1990 which established certain access criteria onto arterial streets. When questioned by Council Member Campbell, Mr. Wiegand responded that Mr. Hunziker's property would be assigned a Buckeye Avenue address based upon emergency vehicle recognition of that location. Council Member Tedesco stated that because policy changes had been initiated after purchase of this particular lot, and because of the planning associated with original final platting of Southwood Subdivision, he felt that the Council should direct staff to work with the developers in evaluating a right turn only access from South 16th Street. Council Member Wirth stated that it was unfortunate that City policy changed prior to development of this property, however, she felt it was important to make arterial streets as safe as possible. Council Member Campbell stated that the office building would be visually situated so that adequate signage could assist patrons in accessing the property. Vote on Motion: 3-2. Voting Aye: Campbell, Hoffman, Wirth. Voting Nay: Parks, Tedesco. Motion carried. GREEK WEEK 1994: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 94-115 approving the following street closures: Greek Week Kick-Off Ceremony - blockage of the triangular area at the intersection of Pearson Avenue and Sunset Drive on Sunday, April 3, 1994, from 5:00 to 11:00 p.m.; and, Greek Week Olympics - blockage of Greeley, Pearson, Gray, Sunset, and Gable Lane on Saturday, April 9, 1994, from 6:00 a.m. to 5:00 p.m. with stipulations. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ASSIGNMENT OF TAX SALE CERTIFICATES FOR WILLOW CREEK: Moved by Wirth, seconded by Hoffman, to approve Story County's compromise and assignment of tax sale certificate numbers 11146 to 11192 for Willow Creek Estates, 2nd Addition, Buildings E and F. Vote on Motion: 5-0. Motion declared carried unanimously. UTILITY CAMPUS ARTWORK: Moved by Campbell, seconded by Wirth, to approve a request from the Public Art Policy and Acquisition Commission for contract with Harry Klessen for Utility Campus artwork. Randy Lueth, 319 Lincoln Way, appeared on behalf of the commission. He presented a small model of the artwork piece. He thanked City staff as well as the neighborhood residents for their cooperation through the selection process. Mr. Lueth described the artwork's size, the materials which will be used for fabrication, and the location on the grounds of the Utility Campus. It is the commission's hope that the sculpture will be installed sometime this spring. Mary Terpstra, 223 East 6th Street, stated her pleasure with the artwork. She indicated that the neighborhood residents were extremely happy with the entire Utility Campus building as well as the selected sculpture. She further stated that City Manager Steve Schainker and Water and Pollution Control Director Tom Neumann should be commended for their hard work. Vote on Motion: 5-0. Motion declared carried unanimously. CONTRACT AMENDMENT FOR ARTWORK IN COUNCIL CHAMBERS: Moved by Wirth, seconded by Hoffman, to approve an amendment to the contract with Eric Sealine for the City Council Chambers artwork, which extends the project completion date to September 1, 1994. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON QUIT CLAIM DEED OF VACATED ALLEY LAND: Mayor Curtis declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Moved by Tedesco, seconded by Wirth, to adopt RESOLUTION NO. 94-110 authorizing a quit claim deed for the vacating of an alley to Evan Kent Cooper and Joan E. Cooper as titleholders of the abutting properties at 511 South 4th Street and 317 South Walnut. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SNOW/ICE REMOVAL AND SIDEWALK REPAIR ASSESSMENT: Mayor Curtis declared the hearing open. He made note that the billing for snow/ice removal for Ia Beta Phi Kappa Psi had been paid. Richard Axtell, 1618 Woodhaven Circle, stated that he had gone to his rental property located at 509 Welch Avenue to remove snow from the sidewalks, however, City crews had already done the work. He indicated that he had received no notice requiring that the snow be removed. The notice was left on the door of the rental property. Mr. Axtell further stated that sidewalks along the entire block had not been shoveled, and he wanted to know the reasoning as to why his property was the only one singled out. Director of Public Works Paul Wiegand explained that City Staff does not know whether to contact tenants or property owners in regards to snow removal, therefore, notification is left at the property where there is snow or ice accumulations. Mr. Wiegand further explained that if notices were mailed to property owners, it would take days before the City could even react to accumulations on sidewalks. He reported that the procedure is to clear snow or ice from sidewalks when a complaint is received. Mayor Curtis stated that the snow/ice removal policy has been reviewed numerous times, and it is ultimately a liability issue for the City. He further stated that the property owner is responsible in making certain sidewalks are cleared of snow, and the notice left at the property is really an additional reminder. Mr. Axtell stated that he had no knowledge of the notice to clear the sidewalks until after he had received the bill. Mayor Curtis reiterated that the City responds to complaints received, and his property was on the list. The hearing was declared closed. Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 94-111 assessing the costs of snow/ice removal and sidewalk repairs and directing the City Clerk's Office to certify the assessments with the Story 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 MAINTENANCE FACILITY: Mayor Curtis declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Moved by Hoffman, seconded by Parks, to adopt RESOLUTION NO. 94-112 awarding contract for construction of the Park Maintenance Facility to Shriver Construction Company of Jefferson, Iowa, in the amount of $222,700.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HAZARDOUS MATERIALS CLEAN-UP ORDINANCE: Moved by Wirth, seconded by Parks, to pass on first reading an ordinance providing for a plan for the City of Ames to clean up hazardous materials spills and to recover the costs associated with the clean-up should the responsible party fail to do so. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE CHANGING MECHANICAL CODE FOR GAS VENTING SYSTEMS: Moved by Parks, seconded by Hoffman, to pass on first reading an ordinance changing the City Mechanical Code pertaining to gas venting systems. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to suspend the rules required for the passage of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3268 changing the City Mechanical Code pertaining to gas venting systems. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGARDING UNDER-AGE PERSONS ON PREMISES OF BARS: Moved by Tedesco, seconded by Parks, to pass on second reading an ordinance granting authority to the Chief of Police to waive the ordinance requirements allowing minors in bars/nightclubs during parties sponsored by non-profit organizations or ceremonial dinners/banquets sponsored by for- profit organizations. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3269 granting authority to the Chief of Police to waive the ordinance requirements allowing minors in bars/nightclubs during parties sponsored by non-profit organizations or ceremonial dinners/banquets sponsored by for-profit organizations. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. GINKGO TREES: Mark Reinig, Economic Development Coordinator, stated that Staff has looked at the various alternatives in solving the problems associated with the fruit-bearing ginkgo trees in the downtown area. Mr. Reinig reiterated the available options and the annual costs associated with performance of each alternative. The least costly option in solving the ginkgo tree problem would be to pick the berries. The yearly costs associated with this method equates to $544. He explained that although the complaints have dealt specifically with five fruit- bearing ginkgo trees at this time, there are many others that will be maturing in the near future. Discussion was held in regards to picking the berries. Council Member Parks stated that this alternative seemed to be the logical approach during the next year, but the Council should revisit the issue in the future in order to review this process. Council Member Hoffman pointed out that picking the berries was the most appealing option, and that the City will be looking at street repairs in the future, and that would be the appropriate time to consider removing the trees and replacing them with another species. Moved by Parks, seconded by Hoffman, to select the method of picking the berries from the five fruit-bearing ginkgo trees in the downtown area for a period of one year, after which time the Council will review this method to determine if it would still be a viable alternative in solving the fruit-bearing ginkgo tree problem. Vote on Motion: 5-0. Motion declared carried unanimously. PLACEMENT OF RAILROAD CROSSING ARM AT 20TH STREET: Moved by Hoffman, seconded by Parks, to direct City Staff to pursue joint placement of railroad signal gate arms at the 20th Street crossing with the Iowa Department of Transportation and Chicago and Northwestern Railroad. Paul Wiegand, Director of Public Works, explained that installation of the signal arms would be scheduled for fiscal year 1995-96 due to the long approval process through the Iowa Department of Transportation. Vote on Motion: 5-0. Motion declared carried unanimously. CONTRACT FOR PHASE I OF FLOOD REVIEW STUDY: Moved by Hoffman, seconded by Parks, to adopt RESOLUTION NO. 94-113 approving a consultant contract with Snyder and Associates in the amount of $9,000 for Phase I of the Flood Review Study. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Mayor Curtis referred to a memo he had received from Sheila Lundt, Assistant to the City Manager, asking him to appoint a non-ASSET member to the COMPASS steering committee. He will have that appointment on the agenda for the April 12 Council meeting. Council Member Wirth referred to a letter the Council received from Denise Denton regarding a 12-plex development in the 900 block of Douglas Avenue. She asked that City staff look into the development criteria and request the developers to comply with stormwater run-off standards which have been applied to various other developments within the City. She stated that concerns have also been expressed regarding the stormwater run-off situation for the proposed hospital parking ramp. Council Member Wirth asked that Staff also request that those same stormwater run-off standards be complied with in this regard as well. She stated that she would like to see City Staff members set up a meeting with the developers of the Douglas Avenue property and residents of the area to go over the development plans and clear up some confusion. Council Member Wirth reported that she had met with three business owners from the Sondrol Drive area regarding parking and storage problems. She suggested that a meeting between Staff and business owners in the area be set up to discuss those issues. Council Member Tedesco referred to letters from a class at Edwards Elementary School asking for Council assistance in getting the Library bookmobile to stop at their school. He has visited with the director of the Ames Public Library, and she indicated that the Library Board would review the various stops for the bookmobile, and Edwards Elementary School's request will be taken into consideration. Brian O'Connell, Director of Planning and Housing, distributed information to the Council regarding the special LUPP meeting scheduled for March 24. He noted that the meeting had been scheduled to meet on the stage of the Community Center Auditorium and not at the Parks and Recreation administrative offices. Mr. O'Connell asked that they review the handout prior to the LUPP meeting. Council Member Campbell suggested that Staff invite the two new appointees to the Planning and Zoning Commission to attend this meeting. ADJOURNMENT: The meeting adjourned at 8:00 p.m. __________________________________ _________________________________________ Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor