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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/09/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA AUGUST 9, 1994 The Ames City Council met in regular session at 7:00 p.m., August 9, 1994, in the City Council Chambers in the 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. PUBLIC FORUM: No one appeared to speak at this time. CONSENT AGENDA: Coun. Tedesco requested that item #3e be removed for separate consideration. Motion by Parks, Second by Hoffman, to approve the following items on the Consent Agenda, removing item #3e for separate consideration: Motion to approve payment of claims Motion to approve minutes of the regular meeting of July 26, 1994 Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - Cyclone Truck Stop, 1811 S. Dayton b. Class B Beer - Flame-n-Skewer, 2801 N. Grand Mall c. Class C Liquor and Outdoor Service Area - Iowa State Center d. Class C Liquor - Cafe Northwest, 114 S. Duff e. Class C Liquor - People's Bar & Grill, 2430 Lincoln Way (removed for separate consideration; see action at the end of this section) Motion to refer to Planning and Zoning Commission a request for annexation of property located at southwest corner of Oakwood Road and Elwood Drive Motion to refer to staff review of performance bond requirements for site improvements in the P-I and P-C zoning districts RESOLUTION NO. 94-320 approving appointment of Barbara Chaplik and Mark Godar to ASSET RESOLUTION NO. 94-321 approving appointment of Alan Kennedy to Cable TV Commission RESOLUTION NO. 94-322 approving release of housing rehabilitation mortgages RESOLUTION NO. 94-323 approving renewal of Hospital lease agreement for rental property located at 1018 Kellogg RESOLUTION NO. 94-324 accepting completion of fire line installation at 728 East Lincoln Way RESOLUTION NO. 94-325 accepting completion of fire line installation for Sawyer School RESOLUTION NO. 94-326 accepting completion of fire line installation at 1531 Airport Road RESOLUTION NO. 94-327 accepting completion of fire line installation at 2010 East Lincoln Way RESOLUTION NO. 94-328 approving preliminary plans and specifications for Pearl Avenue Storm Sewer Project; setting September 7, 1994 as bid due date and September 13, 1994 as date of hearing and award of contract RESOLUTION NO. 94-329 approving contract for Flood Plain Management Study Funding Grant Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: Coun. Tedesco asked the item #3e, the renewal of Class C Liquor license for People's Bar and Grill, be considered with the establishment's request regarding sanction for after hours violation. PEOPLE'S BAR & GRILL REQUEST: City Attorney John Klaus explained the procedure for sanction for after hours serving of alcohol to employees, saying the traditional penalty for a first offense has been a 2-day suspension. He noted Council had received a letter from the licensees' attorneys, consenting to accept a 2-day suspension and choosing August 14 and 15 as preferred suspension dates. He said Council could accept that proposal, or schedule a formal hearing on the matter. Coun. Hoffman asked whether alternative dates could be chosen. Mr. Klaus said he felt the letter indicated an understanding that the attorneys would be allowed to respond to any alternative action during a formal hearing. Mayor Curtis said it had been the Council's practice in the past to accept the licensees' proposals in terms of dates for suspension. Coun. Tedesco said having a liquor license in the City is a privilege, and there was a responsibility that the law must be obeyed. He said he had looked at this citation for an after hours violation along with the number of citations for underage persons on the premises. He said he felt it was not fair to be able to break the law, and then select days that are least profitable as dates for paying the penalty. He noted the Police report for this establishment showed 21 citations for underage persons on the premises since January 21, 1994, and asked whether that was considered an excessive number. Police Corporal Mike Johns said in the past, the Police have worked with the employees of People's on how to check for fake I.D.'s at the door of the establishment. He said the highest number of underage violations seems to occur when the normal patrol schedule is altered and the Police are unexpected, such as on a Friday afternoon. He said on typical patrol days, the employees of this establishment seem to do a respectable job and there is a lower number of violations. Coun. Hoffman said it was discouraging to find that if the Police are anticipated, there is a lower number of violations. She said that shows the situation can be controlled. She wondered about the number of other establishments that worked under this premise. Coun. Wirth asked about the number of violations in relation to how many people visit this bar. She said she felt the number of violations should be taken seriously, but wanted to put it into perspective. Corporal Johns said People's was one of the busier establishments in the City. Coun. Parks noted the Council had previously granted extended "restaurant hours" to this establishment when minors were allowed on the premises, the only establishment thus far to which that dual-role privilege has been granted. He said he would not accept the dates as proposed by the licensees, and would prefer to set a date of hearing. Motion by Parks, Second by Wirth, to table consideration of after hours violation sanction for People's Bar and Grill to August 23, 1994, when a formal hearing shall be held on the matter and the presence of the licensees or their representatives shall be requested. Vote on Motion: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Campbell, to approve renewal of Class C Liquor license for People's Bar and Grill, 2430 Lincoln Way. Motion by Tedesco to amend the main motion to include a request that the management of People's Bar and Grill submit a written plan for updating their I.D. procedures, that Council continue to receive Police reports of citations for this establishment, and that Council review that record in 60 days. Coun. Parks asked whether the current license would expire before the August 23 Council meeting. City Clerk Sandra Ryan noted it would expire within two weeks. The Motion to Amend died for lack of a second. City Attorney John Klaus said if the Council does not authorize the renewal, the establishment can appeal the matter to the state alcoholic beverages commission and a hearing will be held. He said if the commission feels the Council has good cause to believe the establishment is not complying with a City ordinance, non-renewal may be sustained. He said otherwise, the Council's decision may be overruled and the license will be granted. Coun. Tedesco said if the Council has the authority to renew liquor licenses, they could not do so carte blanche, especially when Police records indicate an establishment has not abided by the law. Coun. Brown said the Council needed to take a stand against underage persons on the premises, even if their decision was overruled at some point. Coun. Campbell asked if these issues could be addressed at the hearing for after hours sanction. Mayor Curtis said putting conditions on the renewal approval was not part of the renewal process as guided by State law. He said the Council must either approve or deny the renewal application. Warren Gleason, People's Bar and Grill, 2430 Lincoln Way, said the Police had held a seminar on I.D. procedures for his employees in January, 1993. He said he has had a turnover of employees since that time. He explained policies enforced since the multiple violations occurred. He said he felt the problem was curtailed, and felt a great improvement had been made. Coun. Wirth asked about the training program for employees, and if there was a mandatory program for new employees. Mr. Gleason described the I.D. book at the door of the establishment. He said there was another seminar with Police planned for new employees by the first of September. He said he understood that improvements still were needed, and he would meet with Corporal Johns regarding those improvements. City Attorney Klaus said he would send formal notice requesting the presence of the licensees and their attorneys at the August 23 hearing. 3 Vote on Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco, Wirth. Voting Nay: Brown. Motion declared carried 5-1. REQUEST FROM CONVENTION AND VISITORS BUREAU REGARDING CYCLONE KICKOFF FESTIVAL: Rich Harter, Ames Convention and Visitors Bureau, distributed a petition signed by 19 retailers on Welch Avenue indicating support of street closures on September 3, 1994 during the Cyclone Kickoff Festival. City Manager Steve Schainker noted Staff had amended its recommendation to close Welch Avenue only up to the northern boundaries of the Fire Station, in order that emergency vehicles are able to get out. He said Mr. Harter agreed with that alteration to the recommendation. Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-330 approving the closure of City streets on September 3, 1994 during the Cyclone Kickoff Festival, incorporating Staff's amended recommendation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST REGARDING AMENDMENT TO SIGN ORDINANCE: Motion by Hoffman, Second by Brown, to refer to staff a request from Dean Hunziker regarding an amendment to the sign ordinance for residential subdivision entrance signs. Mayor Curtis suggested Staff look at a more generic amendment as this issue might come up in other than residential areas, i.e., office parks. Vote on Motion: 6-0. Motion declared carried unanimously. MAYOR'S BIKE RIDE ON OCTOBER 1, 1994: Motion by Parks, Second by Brown, to adopt RESOLUTION NO. 94-331 approving activities for the "Mayor's Bike Ride" and waiving fees associated with the traffic control. Mayor Curtis said it was hoped the event would not only pay for itself, but would also generate funds to be put into the Bike Fund. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PHARMACEUTICAL SERVICES: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-332 selecting PCA-Iowa as the preferred alternative for the City's prescription drug provider, and directing staff to negotiate an agreement (including multi-year options) for the pharmaceutical drug program. Risk Manager Scott Johnson reviewed the staff report, noting staff and the Employee Health Care Advisory Committee were recommending PCA-Iowa as the third party administrator for the City of Ames Prescription Drug Program. He said their fully insured quotation received the highest point total in the evaluation process. He reviewed the summary of financial estimates of the drug program cost for a full twelve month period, as contained in the report. He explained how a pharmaceutical service group works, and said all pharmacists in the state would be eligible to join 4 the network. City Manager Steve Schainker noted staff was not asking for approval of an actual agreement at this time, but to be directed to negotiate a multi-year contract for Council's approval. Coun. Brown said she would encourage a commitment of longer than one year. Coun. Tedesco commended staff and the Employee Health Care Advisory Committee for their work on the RFP process. He said the results were positive, and provided the City with the opportunity to continue to work with local people and multiple locations, and would still be convenient for employees who might not live in the community. Coun. Hoffman agreed, and said the combination of cost and service provided a good matrix to arrive at a weighted evaluation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON STATUS OF MARY GREELEY MEDICAL CENTER EXPANSION PROJECT: Planning and Housing Director Brian O'Connell reviewed the staff report on the work that has occurred on the MGMC expansion project since Council approved the Hospital Land Use and Development Agreement in January, 1992. He noted an amended memo from Fire Chief Mike Childs had been distributed to Council this evening. He said staff has reviewed the site plans, construction plans and specifications, and is prepared to approve them. He said first however, streets and alleys of the City affected by the project must be vacated, including 11th Street from Duff Avenue to the easterly line of the alley between Douglas and Kellogg, and Douglas Avenue from 60 ft. north of 10th Street to the northern limit of the Hospital property. He said the alleys to the east and west of the parking ramp will remain open. Mr. O'Connell discussed the City's policy wherein the property owner must pay the City for the cost of the right of way, and said in this instance, the cost to relocate the utilities and remove the street surface exceeds the value of the streets and alleys that are being vacated, thus no money is due the City at this time. He discussed the site plans submitted by the Hospital for the parking ramp and the westerly additions. He said based on their review of the storm water management plans submitted, staff believes that this construction will not contribute any additional water to the City system, because of planned detention facilities. Mr. O'Connell discussed the two-lot plat of survey which would be used as the means to obtain easements for relocated utilities plus the vehicular access easement needed by McFarland Clinic. He said the Development Agreement requires that the Hospital pay all costs associated with street intersection and signal improvements at 11th Street and Duff Avenue and the relocated pedestrian signal at 12th Street and Duff. He said the estimated cost of these improvements is $300,000. He said MGMC has indicated a willingness to assume a prorated share of the cost of future intersection improvements at 13th and Duff that may be required due to increased traffic as a result of this expansion. City Manager Steve Schainker noted that some of the requirements for deposits of money or land prices are based on estimates. He said some of those numbers would have to be reconciled at a later date. 5 Coun. Wirth asked what standard was being used for storm water retention. Mr. O'Connell said the detention basins are designed to handle the 100-year storm. Coun. Wirth expressed concern that no meeting was held with the constituents of the First Ward who have expressed concerns on such issues as traffic, storm water detention, etc., as a result of this project. She said it would have been a reasonable courtesy to meet with the residents to address those concerns. HEARING ON REQUEST TO CONSOLIDATE PARCELS AND TO VACATE STREETS AND ALLEYS: Mayor Curtis declared the public hearing open. Merlin Pfannkuch, 1424 Kellogg, said he had concerns about traffic at 12th and Kellogg, as a result of the Hospital expansion project, about the plans for one access to the parking ramp off Duff and the other off 12th and Kellogg, and was also concerned about 13th and Kellogg. He questioned the status of the house at 1016 Douglas and asked the plans for the property at the southwest corner on Kellogg. He asked for further discussion on the size of the storm water detention areas. There being no one further wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 94-333 vacating parts of official plats conveyed to the City of Ames for a City Hospital, Streets, and Alleys and dedicating the land to use by the City Hospital called Mary Greeley Medical Center. Jerry Sloan, MGMC Vice President of Professional Services, said the Hospital has attempted to find parties interested in relocating the house at 1016 Douglas. He said while several individuals indicated initial interest, they've since backed out. He said he had directed one person last week to properties the Hospital was anticipating demolishing, but has not heard back regarding that person's interest. Mr. Sloan said MGMC owns four properties west of the alley between Douglas and Kellogg, and has no plans for development of that area at this time. He said the area was not currently zoned Hospital-Medical. Tom Lincoln, BRW, said he was a civil engineering sub-consultant to the architect for this project, and had prepared the stormwater management plan. He said detention basins were planned for the south side of the parking ramp area, between the edge of the alley and the setback of the parking ramp. He said the Hospital improvements would result in a net reduction in runoff due to the increase in the amount of greenspace as opposed to surface parking area. Roll Call Vote: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks, Tedesco. Voting Nay: Wirth. Resolution declared adopted 5-1, signed by the Mayor, and hereby made a portion of these minutes. MARY GREELEY MEDICAL CENTER PURCHASE OF ISU FOUNDATION HOUSE: Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 94-334 authorizing purchase of property at 1002 Douglas. Coun. Wirth said there was nothing in the agreement regarding maintenance and habitation on that 6 property. She said in view of the affordable housing problem in the community, she would like to see that house maintained in good shape and that it continue to be inhabited. She referred to a vacant house on Kellogg and said she was concerned that a similar situation not be created. MGMC Vice President of Professional Services Jerry Sloan said MGMC planned to continue to use the house as a residence. He said the Hospital has a maintenance plan for all of its rental properties. Roll Call Vote: Voting Aye: Brown, Campbell, Hoffman, Parks, Tedesco. Voting Nay: Wirth. Resolution declared adopted 5-1, signed by the Mayor, and hereby made a portion of these minutes. VEHICLE ACCESS EASEMENT TO MCFARLAND CLINIC: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-335 authorizing vehicle access easement for McFarland Clinic. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROPOSED ORDINANCE PROHIBITING MINORS IN STRIP JOINTS: Motion by Parks, Second by Hoffman, to set August 23, 1994 as the date for consideration of a proposed ordinance prohibiting minors in strip joints. Vote on Motion: 6-0. Motion declared carried unanimously. COMMENT: Coun. Parks asked for a report on the status of the Requests for Proposals on the Hospital ownership issue. City Attorney John Klaus reviewed how staff has sent requests for proposals out to seven firms engaged in the business of valuing real estate and businesses, and have set the end of this week as the deadline for their proposals. He said staff has also been in contact with six attorneys that work in the area of hospital law and business law to form a team that will work on the three alternatives as outlined by the Council. He said he was hopeful staff will be able to recommend a professional in the area of valuation and one in the area of legal services at the next Council meeting. Mr. Klaus said the response to the RFP for legal services included the preparation of prototype transaction documents with respect to each of the three alternatives currently under consideration. He said these were a very unusual set of hypothetical alternatives and were unprecedented in Iowa. REPORT ON TAZZ SPIRITS' LIQUOR LAW COMPLIANCE: Police Corporal Mike Johns said when Tazzles/Winston's opened its second establishment, Shamrock's, the Council had requested monthly reports on violations at both establishments. He said prior to the July 26 City Council meeting, violations at both establishments have been fairly consistent. He said however, Police have not found violations in the last 2 weekends, since the licensees were notified that they would have to appear before Council. Coun. Tedesco asked whether the Police felt this establishment made a reasonable effort to try to curtail these violations since the Council's discussions at the time of renewal. He noted Council had held a special meeting to get that renewal granted before VEISHEA. Corporal Johns said Police presented a seminar to the employees at the time of their license renewal, and some false identifications were turned in around that time. 7 Coun. Tedesco asked whether this number of violations was high in relation to the number of people at each establishment. Corporal Johns said the number of violations for Shamrock's was disappointing because that establishment hadn't been open very often, but when they were open, a number of violations were found. He said Tazzles/Winston's was one of the busier establishments. Coun. Tedesco said this report was very disappointing. He noted an August 2, 1994 memo from Police Chief Dennis Ballantine referred to Shamrock's failure to post a "Must be 21 to Enter" sign as required by City Code, and a Serving After Hours violation for Tazzle's on July 22. He said those incidents did not demonstrate to him a reasonable attempt to comply with the law. City Attorney John Klaus said if they felt it was warranted, Council could schedule a formal hearing on a possible suspension for both the after-hours incident and failure to take reasonable measures to keep underaged people off the premises. He said even though there had not been a conviction of the licensee in the after-hours incident, the Council could make the suspension based on its conclusion that there has been a violation. Jim Sinclair, 2 Corporate Place, 1501 42nd Street, Suite 250, West Des Moines, said he was the attorney for Tazzles/Winston's and for Shamrock's. He said they averaged 500-700 patrons on Friday and Saturday evenings. He said when he analyzed the Police incident reports for May and June of this year, he found less than 1% of patrons are underaged. He said the owners are making an honest attempt to comply with City and State rules and regulations. Mr. Sinclair said he felt part of the problem was miscommunication between the Police, the City Council, and the owners. He said a copy of the Police report was not sent to the owners of these establishments. He discussed how easy it was to obtain a fake I.D., and said underage patrons will not give up a fake I.D. He said it was not the patrons who were being punished, but the businessmen. He read into the record a portion of the Tazz Spirits' written policy concerning admittance to the premises and the serving of alcohol. He said employees of Tazzle's are required to attend the TIPS program offered by the Ames Police, to be better able to identify fake I.D.'s. Coun. Parks said it was not the job of the Police to find underaged people on establishment; rather it was the owners' job to keep them out. He said if such a high number of patrons were present on Friday and Saturday evenings, more doormen were needed to handle that capacity. Coun. Parks left the meeting at 8:24 p.m. Coun. Campbell said it was not the Police's responsibility to report on the number of violations. She said since the renewal, the owners knew violations were going to be reported to Council on a monthly basis. She said not to take the interest to find out what was in that report was irresponsible. She said the Police "went the extra mile" doing the training at a busy time so the establishment could be open during VEISHEA. She said she was unsympathetic to a lecture about what the Police ought to be doing. Coun. Hoffman said she agreed the Police have "gone the extra mile" in trying to communicate. She said this situation needed to be taken seriously and she was not convinced the owners were doing so. Coun. Tedesco noted the written policy Mr. Sinclair quoted was in place because the Council had required it to be so this past spring. He asked the legal capacity of Tazzle's. Corporal Johns said 8 the legal capacity is 296. Coun. Brown asked whether Mr. Sinclair felt there was any correlation between the number of patrons and the lax rules toward the enforcement of the law regarding underage persons on the premises. Mr. Sinclair said he did not think there was a correlation, and felt it was the inexpensive beer that drew patrons. Coun. Tedesco asked if a trial date had been set for the after-hours citation. Corporal Johns said he had not heard yet from the County Attorney's Office, but he felt it might be set for late September. Motion by Tedesco, Second by Brown, that a formal hearing be schedule for the October 11, 1994 Council meeting regarding Tazz Spirits' failure to take reasonable measures to keep underaged people off the premises at Tazzles/Winston's and Shamrock's, and that the Council continue to receive the Police reports regarding number of citations during the interim period. Vote on Motion: 5-0. Motion declared carried unanimously. City Attorney Klaus said the Council might also petition the alcoholic beverages commission to hold a hearing on the sanction for after hours violation, as that was a violation of state law. He suggested they might want to wait to see whether or not there is a conviction on that matter. P-C PLAN AMENDMENT FOR PROPERTY AT 218 WELCH AVENUE: Motion by Hoffman, Second by Brown, to adopt RESOLUTION NO. 94-336 approving P-C Plan amendment to allow an additional use and a change in signage and landscaping for property located at 218 Welch Avenue (former Hardees location), with a stipulation. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT AWARDS FOR ELECTRICAL DISTRIBUTION TRANSFORMERS: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-337 awarding contracts for the purchase of electrical distribution transformers in the total amount of $178,452.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT AWARD FOR ELECTRICAL TURBINE GENERATOR PARTS: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-338 awarding contracts to Steam Turbine Alternative Resources, Steam Specialties, Inc., and General Electric for the purchase of turbine generator replacement parts. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT AWARD FOR TRUCK MOUNTED AERIAL DEVICE: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-339 awarding contracts to O'Halloran International, Inc. in the amount of $31,487.00 and to Altec Industries in the amount of $72,498.00 for purchase of one truck mounted aerial device. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT AWARD FOR COAL HANDLING STRUCTURES PROJECT: Motion by 9 Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-340 approving final plans and specifications and awarding a contract to TMI Coatings for painting of Conveyors #5, 6, 7, 8, and Transfer House in the amount of $59,375.00. Coun. Hoffman said she thought this situation showed Staff was very careful in analyzing whether or not bids meet the specifications. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. TREE TRIMMING ALONG CHICAGO/NORTHWESTERN RIGHT OF WAY: City Manager Steve Schainker reported on the status of the Chicago/Northwestern Railroad cutting of trees along the right-of-way of the north-south section of the C&NW tracks. He said staff had secured an estimate from two tree contractors for an annual cost of $10,000 to trim the trees, although the project was not let in a formal bid situation. He said the City does not have the manpower to do this work itself. Public Works Director Paul Wiegand reviewed how the informal quotes were obtained, and specific concerns that may add to the cost of the trimming, such as safety and liability concerns, removal of the trimmings, and the difficulty of getting equipment into some of the areas along the length of the track. Martha Stewart, 1024 Northwestern, thanked the Council and the Mayor for taking the time to deal with this issue. She reviewed how the area of the tracks on Northwestern between 9th and 13th Streets abuts City property, but not that of any individual. She said therefore, the neighborhood felt they needed to organize and bring it to the attention of the City. She said while she could understand the City's unwillingness to incur the costs and liability risks of the trimming, she said the neighbors are very interested in the outcome of this issue. She described the neighbors' volunteer efforts to do the trimming themselves. She asked that the City be willing to act as an intermediary in the negotiating process and in future communications between the neighbors and C&NW. Coun. Tedesco said he appreciated Ms. Stewart's comments and the responsibility of the neighborhood. He said liability issues were very great in instances like these, and perhaps the liability clause in the Railroad's standard contract could be revised for this instance. He said he would be willing to cooperate to keep the communication open between the parties involved. Coun. Campbell asked if the neighbors were willing to do the trimming annually. Ms. Stewart said she felt the volunteer group of neighbors were willing to do so, if necessary. Coun. Hoffman said she would encourage City staff to work with interested neighbors to facilitate their entering into an ongoing maintenance agreement with the Chicago/Northwestern Railroad. Motion by Tedesco, Second by Brown, to accept the report on the tree trimming along the Chicago/Northwestern Railroad tracks. Vote On Motion: 5-0. Motion declared carried unanimously. RESOURCE RECOVERY SYSTEM CONTRACT WITH ISU: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-341 approving Resource Recovery System contract with 10 Iowa State University. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PRECONSTRUCTION AGREEMENT WITH IDOT FOR RECONSTRUCTION OF U.S. 69 BETWEEN LINCOLN WAY AND 5TH STREET: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-342 approving preconstruction agreement with Iowa Department of Transportation for reconstruction of U.S. 69 between Lincoln Way and 5th Street. Coun. Tedesco asked whether this project might alleviate the present stormwater management situation at the underpass. Public Works Director Paul Wiegand described the project, saying there would be little impact on stormwater management as the pipes leaving the underpass will not be changed. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CAMPUSTOWN IMPROVEMENTS PROJECT - DIVISION I: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-343 approving Change Orders No. 1-5 for Campustown Improvements - Division I to Manatt's, Inc. in the amount of $17,315.76. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RESOURCE RECOVERY SYSTEM MODIFICATION PROJECT: Motion by Campbell, Second by Wirth, to authorize the consultant to complete revisions to the plans and specifications for the Resource Recovery System Modification Project. Vote on Motion: 5-0. Motion declared carried unanimously. DEPARTMENT OF ENERGY PLAN FOR CLEANUP OF OLD WPC SITE: Water Department Director Tom Neumann noted Council had received a series of letters and staff comments regarding the final cleanup of the old Water Pollution Control Site. He said an additional letter had been received this morning from the Health Department, and asked that Council table this issue until the August 23 meeting so all the recommendations could be compiled into one plan for Council's consideration. He said if approved, the cleanup might then take place in September or October. Motion by Campbell, Second by Tedesco, to table the issue to the August 23, 1994 Council meeting. Vote on Motion: 5-0. Motion declared carried unanimously. HIGH SERVICE PUMPING IMPROVEMENT PROJECT: Motion by Wirth, Second by Tedesco, to reject all bids and direct staff to redesign the project, with bidding of revised project scheduled for January 1995. Jami Larson, 2816 Greensboro, said he represented ACI Mechanical, the low bidder on this project. He said he had additional concerns since this item was brought to Council on July 26. He referred to a memo of August 2, 1994 to the Mayor and City Council from City Attorney John Klaus which stated that legalities were not involved in staff's recommendation for re-bidding this project. He said 11 it had originally been discussed that the desirable approach would be to negotiate this matter with ACI Mechanical, and that staff had consulted the City Attorney at that point. He said the engineer that was hired by the City still believed such negotiation should and could take place. He said he'd not asked that this contract be awarded to ACI with a change order in place, but that the contract be awarded for the full amount. Mr. Larson also referred to an August 4, 1994 letter from Fox Engineering Associates which stated that staff and the engineer became aware of the changes in scope prior to the bid letting, but at the time had hoped that the additions could be included without significantly exceeding the project budget, so the decision was made to proceed with the changes included in the project. He said that was unconscionable. He said from discussions with staff and with his own attorney, he felt the contract could be legally awarded for the full amount. He said the analysis of whether or not the SCADA system is needed was made based on the study of staff and the engineer. He said it could then be determined whether or not a change order was needed. He said the Council should award the contract to ACI Mechanical for the amount of the original bids. City Attorney John Klaus reiterated statutory requirements concerning competitive bidding on utility construction projects. He said contract bids are solicited on the basis of certain specifications, and the contract must be awarded on the basis of those specifications. He said to award a contract on the basis of an understanding that the specifications are going to be altered after the contract is awarded is viewed as a violation of the bidding process. He said once a contract is awarded, there can be change orders to deal with unforeseen circumstances. He said that was the only basis for post award change orders. There was discussion regarding the consultant and staff's recommendations regarding the probable obsolescence of the SCADA system. Coun. Tedesco said he respected Mr. Larson's position in this situation. He said the City needed to admit that errors had been made on the part of the engineer and on the part of staff. He said he felt the City of Ames has always tried to do everything within accordance of the law and with good intent to abide by that law. He said he would feel very uncomfortable awarding any contract on this matter at this time. Motion by Tedesco, Second by Brown, to reject all bids, and direct staff to rebid this project in the spring of 1995. Mr. Larson reiterated his feeling that regardless of when this project is rebid, ACI would be in a vulnerable position, as low bidder in this instance. He said he was not upset with the fact that mistakes were made, but with how they were handled. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON LIME SLUDGE DISPOSAL PROJECT: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 94-344 approving final plans and specifications and awarding a contract to Ponderosa Dredging Company in the amount of $145,500 for the Lime Sludge Disposal Project. 12 Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON EAST LINCOLN WAY FRONTAGE ROAD PAVING PROJECT, CARNEGIE AVENUE EAST: Mayor Curtis declared the public hearing open. Wayne Larson, 2017 East Lincoln Way, said he was opposed to this project and with the combining of the north and south side into one project. He said a frontage road in front of his property was of no value to him, and said it could have been stopped at his property line. He said of the three property owners affected by this project, only one was truly in favor of it. He said he was assuming a major portion of the responsibility for the project and was the one most objected to it. City Attorney John Klaus said the request to split the project should have been made at the July 12, 1994 public hearing. He said at that hearing, the decision was made to keep the north and south sides together in one project and award one contract. There being no one further wishing to testify, the public hearing was declared closed. Motion by Campbell, Second by Brown, to adopt RESOLUTION NO. 94-345 approving final plans and specifications and awarding a contract to Giese Construction Company, Inc. in the amount of $347,969.74 for the East Lincoln Way Frontage Road, Carnegie Avenue East, Paving Project. Coun. Tedesco asked whether bidding the two sides together has lowered the cost. Public Works Director Paul Wiegand discussed staff's motivation for keeping the project together. He said the potential for higher costs are greater with multiple contracts than with a single larger contract. Coun. Tedesco asked how the percentage of owners in favor of a project was calculated. Mr. Wiegand said it was based on front footage, rather than a cost percentage. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON S.E. 5TH STREET PAVING, FREEL DRIVE-DAYTON AVENUE: Mayor Curtis declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 94-346 approving final plans and specifications and awarding a contract to Manatt's, Inc. in the amount of $230,982 for the S.E. 5th Street Paving Project, Freel Drive-Dayton Avenue East. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH DUFF SANITARY SEWER PROJECT: Mayor Curtis declared the hearing open. Jami Larson, 2816 Greensboro, said the City should look at the number of projects in which bids are rejected because they come in over budget. He said whenever a low bid for any given project is 13 60% over the budget, that should indicate the estimate and final design need to be reviewed. There being no one further wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Wirth, to reject all bids and direct staff to rebid the project in the late fall of 1994. Vote on Motion: 5-0. Motion declared carried unanimously. BANNER GUIDELINES: Assistant City Manager Bob Kindred reviewed the proposed guidelines for banners within the City. He said there was a recommendation from ISU that the guidelines state banners are available to all citizens of Ames and established organizations within the community. Coun. Tedesco asked about the $5.00 per month service fee for pole. Mr. Kindred said that service fee was to cover the expense of Public Works staff inspecting the banners every workday along with inspection of the traffic signals and replacement of hardware. Coun. Tedesco noted a 30-day time limit was proposed, and questioned why that service charge was not included in the overall application fee. He said the costs for inspecting the banners would be the same regardless of the number of utility poles bearing banners. There was discussion of how a steering committee had used a model to derive at the proposed guidelines, and how some modifications may have to be made with time. Mr. Kindred noted the City currently has 17 poles outfitted with banner hardware on Elwood Drive, and said the issue of who would pay for the remainder of the hardware had not been addressed at this time. Coun. Wirth asked why Elwood Drive would have a shorter banner season, and Mr. Kindred explained there was little protection from the ice and wind in that area. He said light reflection was also a problem. Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 94-347 approving guidelines for banners within the City of Ames, with the inclusion of a statement on eligibility as proposed by staff. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Campbell, Second by Hoffman, to pass on first reading an ordinance to exempt City Pole banners from temporary sign time limits. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE LOWERING SPEED LIMIT ON 13TH STREET FROM DAYTON ROAD EAST TO CORPORATE LIMITS: Motion by Wirth, Second by Tedesco, to pass on second reading an ordinance lowering speed limit on 13th Street from Dayton Road east to corporate limits. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to suspend the rules required for the adoption of an ordinance. 14 Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3287 lowering speed limit on 13th Street from Dayton Road east to corporate limits. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROHIBITING PARKING IN CERTAIN AREAS IN BENTWOOD SUBDIVISION, FIRST ADDITION: Motion by Wirth, Second by Tedesco, to pass on second reading an ordinance prohibiting parking in certain areas in Bentwood Subdivision, First Addition. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Hoffman, Second by Wirth, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, Second by Tedesco, to pass on third reading and adopt ORDINANCE NO. 3288 prohibiting parking in certain areas in Bentwood Subdivision, First Addition. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING OFF-STREET PARKING REQUIREMENTS IN HOSPITAL- MEDICAL DISTRICT: Motion by Tedesco, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3282 revising off-street parking requirements in the Hospital-Medical District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 15 ORDINANCE ESTABLISHING MINIMUM HEIGHT REQUIREMENTS FOR NEW BUILDINGS CONSTRUCTED IN THE HOSPITAL-MEDICAL DISTRICT: Motion by Tedesco, Second by Hoffman, to pass on third reading and adoptORDINANCE NO. 3283 establishing minimum height requirements for new buildings constructed in the Hospital-Medical District. Roll Call Vote: 4-1. Voting Aye: Brown, Campbell, Hoffman, Tedesco. Voting Nay: Wirth. Absent: Parks. Ordinance declared adopted 4-1, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ESTABLISHING SCREENING AND BUFFERING REQUIREMENTS WITH RESPECT TO BOUNDARIES OF THE HOSPITAL-MEDICAL DISTRICT: Motion by Tedesco, Second by Campbell, to pass on third reading and adopt ORDINANCE NO. 3284 establishing screening and buffering requirements with respect to boundaries of the Hospital- Medical District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING USE RESTRICTIONS IN THE HOSPITAL-MEDICAL DISTRICT: Motion by Tedesco, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3285 revising use restrictions in the Hospital-Medical District. Roll Call Vote: 4-1. Voting Aye: Brown, Campbell, Hoffman, Tedesco. Voting Nay: Wirth. Absent: Parks. Ordinance declared adopted 4-1. ORDINANCE PROHIBITING PARKING AND DELIVERY ACTIVITIES ON CHAMBERLAIN PLACE: Motion by Campbell, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3286 prohibiting parking and delivery activities on Chamberlain Place. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Mayor Curtis noted staff had received a request from a citizen regarding an amendment to the Minutes of the Regular Meeting of July 12, 1994 as approved by Council on July 26, 1994. Motion by Tedesco, Second by Hoffman, to direct the City Clerk to amend the minutes of the regular meeting of July 12, 1994 as noted. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Campbell asked whether the City had applied for ISTEA funds for bike trails. Public Works Director Paul Wiegand said three projects for regional enhancement along highways that qualify for ISTEA funding are included in the three-year regional program submitted to the Department of Transportation. He said staff had worked with Story County staff regarding other DOT bikeway funds to be included in the County's development program. He said the final program would be approved in mid-October. Coun. Brown asked about the City's notification policy regarding paving projects. Public Works Director Paul Wiegand said it was the City's policy to notify the resident, but not the absentee 16 landlord. Coun. Wirth said she had met with staff regarding possible changes that may be forthcoming HUD on the Section 8 Program, and asked that the item be placed on the September 13 Council agenda. Motion by Tedesco, Second by Brown, to refer to staff the possibility of an ordinance prohibiting U-turns on Main Street and 5th Street. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Tedesco asked for an update on the status of flood grant funds for King City Trailer Court. City Manager Steve Schainker said the IDED has not rejected the City's request, but has indicated they are not yet ready to release disaster funds for second priority or other than single family homes. He said he would contact the property owner to clear any misunderstanding. Coun. Tedesco asked the status of the realignment of the Clark and Walnut intersection. Public Works Director Paul Wiegand said staff had finished negotiations with the DOT and adjacent property owners, and hoped to bring a project concept to Council in September. Coun. Tedesco asked whether Staff had met with the owner of Pizza Pit regarding his sign and light pole. Public Works Director Paul Wiegand said the lessee of the building has proposed replacing the current sign with a pole-mounted installation to the south of his building. He said the owner needed to be contacted regarding that proposal. There was discussion about how the newly installed light pole has decreased the width of the sidewalk area in front of this establishment, and the problems associated with moving the pole. Coun. Tedesco asked whether a ramp might be installed in place of the stoop. Mr. Wiegand said that would be difficult due to the proximity to the walkway. He said the only thing that could be done was to consider moving the light pole to the south. Coun. Hoffman said she would be in favor of moving the pole. Coun. Hoffman asked whether the City was charging TCI an appropriate amount for rental of utility poles. Assistant to the City Manager Sheila Lundt said the Cable TV Commission had discussed the matter at their last meeting. She said the per pole charge had not been changed since the original agreement. She said a policy question was involved in that the utility pole would be there regardless of whether or not the cable wires were strung upon it. Coun. Hoffman suggested staff provide Council with a report on this matter, and perhaps the fees need to be revisited. City Manager Steve Schainker suggested the matter be referred to EUORAB and Electric Utility staff. ADJOURNMENT: The meeting adjourned at 10:02 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 17