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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/12/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 12, 1994 The Ames City Council met in regular session at 7:08 p.m., July 12, l994, 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, Wirth, Tedesco, and Brown. PROCLAMATION OF PUSH: Mayor Larry Curtis declared July 19 as PUSH American Day (People Understanding the Severely Handicapped). This summer, members of fraternities representing universities nation wide are on a coast-to-coast bike ride. They will be in Ames on July 22 and will be honored at a barbecue picnic hosted by Mainstream Living, held at the 3M Recreation Center. Mr. Reno Berg, C.E.O. of Mainstream Living, Inc., stated this is the fifth year the PUSH America Team has come through Ames and reiterated the invitation for the public to join in the barbecue, to help raise funds, and to help increase public awareness for people with disabilities. PUBLIC FORUM: No one appeared for this portion of the meeting. CONSENT AGENDA: Moved by Tedesco, seconded by Parks, to approve the following items on the Consent Agenda: 1. Motion to approve payment of claims. 2. Motion to approve minutes of the special meetings of June 21 and June 30, 1994, and the regular meeting of June 28, 1994. 3. Motion to approve certification of Civil Service applicants. 4. Motion to approve renewal of the following bear and liquor licenses: a) Class C Liquor - Fox I Lounge, 111 South 5th Street. b) Class C Liquor - Applebee's, 105 Chestnut Street. c) Class C Liquor - Welch Avenue Station, 207 Welch Avenue. 5. Motion to continue tabling of proposed Banner Guidelines. 6. RESOLUTION NO. 94-282 confirming appointment of GSB representative to Transit Agency Board of Trustees. 7. RESOLUTION NO. 94-283 approving contracts with University Childcare, YMCA, and RSVP for FY 1994-95 human services funding. 8. RESOLUTION NO. 94-284 approving release of housing rehabilitation mortgage. 9. RESOLUTION NO. 94-285 approving Consolidated Annual Contributions Contract (CACC) with HUD for the City's Section 8 Existing Program, Project #IA05-EO89-006. 10. RESOLUTION NO. 94-286 approving request to waive formal bidding requirements and authorizing purchase of computer hardware maintenance from IBM Corporation. 11. RESOLUTION NO. 94-287 approving request to waive formal bidding requirements and authorizing purchase of software maintenance from HTE. 12. RESOLUTION NO. 94-288 approving plans and specifications for SE 5th Street Paving Project; setting August 3, 1994, as bid due date and August 9, 1994, as date of public hearing and award of contract. 13. RESOLUTION NO. 94-289 approving plans and specifications for Lime Sludge Disposal Project; setting August 3, 1994, as bid due date and August 9, 1994, as date of public hearing and award of contract. 14. RESOLUTION NO. 94-290 approving change order for 1994 Concrete Repair Program. 15. RESOLUTION NO. 94-291 accepting completion of South 16th Street Twin Box Culvert. 16. RESOLUTION NO. 94-292 accepting completion of Landfill Closure Project. 17. RESOLUTION NO. 94-293 accepting completion of SE 5th Street Improvements Project. 18.RESOLUTION NO. 94-302 accepting completion of contract for Automated Mapping/Facilities Management System. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LIQUOR LICENSE APPLICATION: Moved by Wirth, seconded by Parks, to approve Class C Liquor license to Giovanni's Restaurant, 217 South Duff Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. HOTEL/MOTEL TAX FUNDS: Moved by Parks, seconded by Tedesco, to approve request from Ames Economic Development Commission for reimbursement in the amount of $46,910.09 from Hotel/Motel Tax Funds. Mr. Schainker stated the amount of funds should be corrected to $45,897.00. The City has not received the bill for $15,000 from Bio-tech Marketing for materials, however, documentation is on hand showing the money has been spent. Moved by Parks, seconded by Tedesco, to amend motion showing reimbursement amount of $46,910.09 to read $45,897.00. Vote on Amendment: 6-0. Motion declared carried unanimously. Council Member Brown: Are we going back to the project? We have not done that for a long time. Mr. Schainker: EDC needs to plan ahead for the actual projects and then come before the City Council. Council Member Parks: They have just had their annual planning session and there is an interest among the EDC group to come and have a joint meeting/workshop session. Vote on Motion: 6-0. Motion declared carried unanimously. HAZMAT: Mike Childs, Chief of the Fire Department, wanted to update the Council regarding the HazMat budget. In March of 1993, the Story County Hazardous Materials Task Force formulated a recommendation that Story County acquire a 28E Agreement with the City of Des Moines that would allow local fire departments to request assistance from the Des Moines HazMat Team for large hazardous materials releases. It was determined the $82,000 cost of the agreement was not a manageable figure. In recent months, the City of Des Moines resubmitted their proposal for a 28E agreement with Story County. After evaluating their original proposal, the annual fee for Story County is now proposed to be $13,300 of which $8,500 would be the City Ames' share. Once the agreement is approved, the City of Ames will have in place the needed backup of equipment, personnel, and additional expertise to cope with the large hazardous materials incidents. The Ames Fire Department is totally supportive of the mutual aid agreement between the City of Des Moines and Story County, but it is not the total answer. In the last 18 months, we have raised the level of training of all fire department members to Operations Level, six to Technician Level and plans are being made in the fall to train 11 personnel to Technician Level. We are proposing that approximately $20,000 of our FY 93/94 operating budget be re-directed to purchase a used truck to haul specialized HazMat and rescue equipment. Local industries who deal in hazardous material have indicated they would assist with acquisition of equipment and supplies. The potential for a major hazardous materials incident within the Ames fire district is too great to rely entirely on an external resource such as the Des Moines HazMat Team. By continuing to upgrade our internal response capabilities with the additional training and equipment request and the approval of the 28E Agreement with Des Moines HazMat, we would have available to the City of Ames a very strong two prong approach to the HazMat problem. Moved by Parks, seconded by Wirth, to approve the Hazardous Materials Response Plan. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Curtis: We will be sending a request for approval of our contribution to HazMat in Des Moines, which is about $8,500 depending on insurance. We will be sending a request for approval for the support of the emergency services department in terms of their short fall in the budget. Mr. Schainker: The $20,000 for a vehicle is coming from savings that Chief Childs was able to generate from last year's budget. Moved by Tedesco, seconded by Hoffman, to approve acquisition of HazMat response vehicle. Vote on Motion: 6-0. Motion declared carried unanimously. ZONING ORDINANCE: Mayor Curtis declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Moved by Parks, seconded by Brown, to approve a. First passage of ordinance revising off-street parking requirements for H-M District; b. First passage of ordinance establishing minimum height requirements for new buildings constructed in the H-M District; c. First passage of ordinance establishing screening and buffering requirements with respect to boundaries of the H-M District; and, d. First passage of ordinance revising use restrictions in the H-M District. Roll Call Vote: 6-0. Motion declared carried unanimously. ARTWORK: Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 94-294 authorizing contract for sidewalk bronze artwork. Susan Norris stated the site location for the art work is being delayed because of the renovation of Campustown. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FLOOD DAMAGED PROPERTY: Moved by Tedesco, seconded by Parks, to approve appropriation of flood-damaged properties for City use. Mr. Schainker stated that he had received some interest from different departments in the City regarding the use of some of the materials inside the houses, etc., that are scheduled for destruction. A letter was sent to parties involved. Vote on Motion: 6-0. Motion declared carried unanimously. LOWER SPEED LIMIT: Moved by Wirth, seconded by Hoffman, to direct City Attorney to draft ordinance lowering speed limit on 13th Street from Dayton Road east to corporate limits. Bill Cobb, 508 Carroll, stated he would like to see a left turn arrow at that intersection. He gathered a petition with about 100 names that would be in agreement with a left turn arrow and possibly a left turn lane. Council Member Tedesco: Isn't this intersection under construction for next year? Council Member Parks: Agrees to lower the speed limit, but would like to ask staff to respond to what cost and impacts there would be in putting in a left-hand arrow. Council Member Hoffman: Stated that Council had discussion on these issues in a prior meeting and that the lowering of the speed limit could be done now. Council Member Tedesco: We are not saying that this is the total answer, but it is the first step that we can take. Vote on Motion: 6-0. Motion declared carried unanimously. PROHIBIT PARKING: Moved by Wirth, seconded by Tedesco, to direct City Attorney to draft ordinance prohibiting parking in certain areas in Bentwood Subdivision, First Addition. Vote on Motion: 6-0. Motion declared carried unanimously. DEVELOPER'S AGREEMENT: Moved by Tedesco, seconded by Hoffman, to adopt RESOLUTION NO. 94-295 approving modification of Developer's Agreement for Bentwood Subdivision. Mr. Schainker: Bentwood Subdivision developers have been working with City staff to expedite the installation of infrastructure in order that our affordable homes can be built as early as this 3 fall. To accomplish this deadline, a modification of the existing developer's agreement must be approved. Instead of the City using left over grant money, the developer would pay for all the street costs, and the City would agree that the developer would not have to pay for the one lane south of Lincoln Way. It is basically an equal trade off in monies. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. OFFICIAL PARKING METER MAP: Moved by Hoffman, seconded by Tedesco, to adopt RESOLUTION NO. 94-296 revising Official Parking Meter Map and designating an official vehicle space in the City Hall's east parking lot. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RURAL WATER: Moved by Brown, seconded by Wirth, to consent to Central Iowa Rural Water Association's request to provide rural water to properties located along E29 and Dayton Avenue. Vote on Motion: 6-0. Motion declared carried unanimously. ELEVATED STORAGE TANK: Mayor Curtis declared the hearing open. Mr. Tom Weese, Utility Maintenance, stated that no color has been chosen for the painting of the tower. However, they would prefer a neutral two-tone painting of the tower or a single color could be used. Council Member Parks: There was a $313,000 difference in the high and low bid. Is there a reason for that? Mr. Weese stated the only reason they could think of was that company has three large water towers in Waterloo where there was lead involved in the paint and feel their bid was based on full containment, which is not the situation here. The hearing was declared closed. Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 94-297 awarding contract to J. R. Stelzer Company in the amount of $199,730.00 for North Dakota Avenue Elevated Storage Tank Project. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RESOURCE RECOVERY SYSTEM: Mayor Curtis declared the hearing open. There being no one present wishing to testify, the hearing was declared closed. Moved by Tedesco, seconded by Hoffman, to adopt RESOLUTION NO. 94-298 rejecting bids for Resource Recovery System Modification Projects. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LIBRARY FLOOR COVERING: Mayor Curtis declared the hearing open. There being no one presenting wishing to testify, the hearing was declared closed. Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 94-299 awarding contract to Ralph N. Smith, Inc., in an amount of $83,946.00, subject to receipt of Affirmative Action statement, on Ames Public Library Covering Replacement. Mr. Schainker stated the bid is over by $14,000 because the proposal had left out the cost of removing and disposing of the old carpet. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SANITARY SEWER: Mayor Curtis declared the hearing open. 4 Mr. Bill Armstrong, representing Mary Armstrong who is the owner of the majority of the parcels served by this project, spoke regarding the letter he had sent earlier. His objection was not to the project, but about how the costs were assessed to the property owners. They feel it is inequitable. Would like the project sent back to the staff with the recommendation that the assessment be reviewed per items in his letter. John Rademacher, 2812 South Duff, does not have an objection to the improvement, but would like to see some extension of where it is going north bound. Would like to see it extended 100 additional feet north. Mr. Jerry Byg, Municipal Engineer, stated the reason the north area did not extend as far is that it was a cost savings. There would be no problem extending another 100 feet, and the costs would be split between Armstrong and Rademacher on that. Regarding Mr. Armstrong's question on assessment, our percentages were based on frontage with 65 percent and area with 35 percent of the project. Discussion was held regarding the difference percentages and benefits in order to make the assessments as fair as possible. Mayor Curtis declared the hearing closed. Moved by Brown, seconded by Parks, to adopt a) RESOLUTION NO. 94-228C Resolution of Necessity and b) RESOLUTION NO. 94-300 approving detailed plans and specifications for South Duff Area Sanitary Sewer Project; setting August 3, 1994, as bid due date and August 9, 1994, as date of public hearing and award of contract. Roll Call Vote: 6-0. Resolutions adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. EAST LINCOLN WAY FRONTAGE ROAD: Mayor Curtis declared the hearing open. Mr. Steve Mason, representing Ideal Beverage Truck, stated the company objects to the project because of the cost. It will cost them $2,173.84. They have the largest area of land along that road. He also believes that safety is an issue as gravel makes people drive more slowly. The road is a dead-end and feels there is no benefit to paving it. Council Member Tedesco: We do not have the assessments for the South side. Mr. Don Barber, Barber's Metal, 1914 East Lincoln Way, our assessment is $1,600. He was against this project. Mr. Dave Devereaux, 1900-1904 East Lincoln Way, is in favor of this project. It needs to be paved, it is a main artery into Ames, it would enhance the appearance, cut down on dirt, and be less maintenance. Lynn Stoutner, 1218 S. 3rd Street, representing parcel No. 11, stated they are in favor of this project. The hammerhead (turn-around) was stopped at about 35 feet into his property. He would like to have that carried 120 feet more to the east. Also, he would like to know what is going to be done to the old road. Mayor Curtis: Are you willing to pay for that extension and sign deficiency waivers on this matter. Mr. Stoutner stated he was willing. Council Member Brown: This area assessment is the same no matter what he does, he is just adding frontage road to it. City Attorney Klaus: It is possible to pass a resolution to amend the proposed resolution of necessity to extend the frontage road on the south side that additional distance, and then act on the main resolution as amended. I am concerned that we know what is happening on the assessments. As part of the special assessment process, after the proceeding tonight, and the project is done, the final assessment is spread it is possible that the assessment will be less than what is on the preliminary plat if the bids are good and the work goes well. It can not, however, result in the assessments going up. The people who have appeared tonight and who have said 5 they are not benefitted by this project can, after the project is completed, bring a law suit in district court. If the court finds that they are not benefitted, the court will invalidate their assessment and the city would have to absorb that as well. Mr. Dennis Brown, 926 East Lincoln Way, is in favor of the project. Is concerned with the grade and crown of the road. There are large semi's and long trailers that pull into their business and at times the trailers will drag on the road. Mr. Bob Shaffer, 618 Freel Drive, stated his concern with 1919 Lincoln Way. He is in favor of the project. Mr. Mike Louis, Louis Body and Paint, 1901 East Lincoln Way, and is in favor of the project. Mr. Wayne Larson, 1602 Grand Avenue, is not in favor of the project. He won't be able to access or use it, but he will be paying for one of the biggest portions. Mayor Curtis declared the hearing closed. Moved by Hoffman, seconded by Tedesco, to amend Resolution of Necessity to extend the proposed project on the south side, far east end, by the appropriate distance to include the lots as requested and to amend the Plat and Schedule of Assessments to show the extension and the assessment to Mr. Stoutner's property. Vote on Amendment: 6-0. Motion declared carried unanimously. Moved by Tedesco, seconded by Hoffman, to adopt a) RESOLUTION NO. 94-227C Resolution of Necessity, and b) RESOLUTION NO. 94-301 approving detailed plans and specifications for East Lincoln Way Frontage Road Paving Project; setting August 3, 1994, as bid due date and August 9, 1994, as date of public hearing and award of contract. Council Member Tedesco: Would there be a possibility of an alternative on the North side to dead end it at the west lot of the Larson property? Mr. Byg believed the support for the north side would diminish if that was to occur. Discussion was held as to where and/or how to relocate the intersection access and legal ramifications that could be involved. Roll Call Vote: 6-0. Resolutions adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING AND DELIVERY ACTIVITIES: Moved by Parks, seconded by Tedesco, to pass on first reading an ordinance prohibiting truck deliveries along both sides of Chamberlain Place 15' south of the north property line of 211 Chamberlain Place, and 50' south of Chamberlain Avenue (Plan B). Mr. Schainker stated that property owners were all invited to attend a meeting with staff to come to a compromise. Mr. Tom Northrup, Pizza Pit, 207½ Welch Avenue, stated that the ordinance is reading a 50-foot distance from the south curb of Chamberlain Street to the beginning of the loading zone and he believes it is 60 or 70 feet. Mr. Scott Logan, Public Works/Traffic, stated the diagram is correct. Roll Call Vote: 6-0. Motion declared carried unanimously. REZONING OF PROPERTY: Moved by Hoffman, seconded by Tedesco, to pass on second reading an ordinance amending zoning map to rezone property located at 1405 Buckeye Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. PROHIBIT PARKING: Moved by Wirth, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3279 prohibiting parking in certain areas in the Northridge Parkway Subdivision, 11th Addition. 6 Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REMOVE CONNECTION FEE: Moved by Tedesco, seconded by Parks, to pass on third reading and adopt ORDINANCE NO. 3280 removing connection fee to water mains from the Municipal Code, and referring to fee schedule in the appendix. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CITY CLERK POSITION: Moved by Hoffman, seconded by Wirth, to approve a) relieving Jill Ripperger of duty as Acting City Clerk effective July 18, 1994, b) to approve Sandy Ryan as City Clerk 3/4 time until August 1, 1994, then full time from that date, c) to extend time for completion of Municipal Clerk's Institute until end of calendar year 1995. Vote on Motion: 6-0. Motion declared carried unanimously. COMMENTS: Council Member Campbell: Moved by Campbell, seconded by Tedesco, to put the letter from People's Bar and Grill requesting the ability to serve food outside during restaurant hours on the next agenda. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Campbell: Inquired of Mr. Klaus and Mr. Schainker the schedule and the status of work being done regarding the hospital. Mr. Klaus stated they have been in contact with a number of professionals to assemble a team with the needed expertise. They will give us a proposal that will set a budget with a cap, and a time frame. The firms we have spoken to are interested and recognize that it will be a challenge. We are hopeful that we will have something to report at the July 26, 1994, Council meeting. Council member Parks: Did we send out a notice on the railroad? What is our status? Mr. Schainker stated they are getting a possible estimate on tree-trimming from a contractor. Moved by Parks, seconded by Wirth, to ask staff what it would cost us to provide a turn arrow at Dayton Road and possible impacts on traffic. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Tedesco,: There is standing water where Bentwood butts up against Schubert Drive. Is there an obstruction down stream? Jerry Byg stated that it is just a natural condition at that spot. They will look at it and see if it can be filled in. Council Member Hoffman: She received a letter regarding the possible rezoning of North Franklin. Lots appear to be too small for single family dwellings. Moved by Parks, seconded by Tedesco, to have staff look at rezoning of North Franklin from R-110 to R-16. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting adjourned at 9:20 p.m. _________________________________ ___________________________________ Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor _________________________________ Ginger Jones, Recording Secretary 7