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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/13/1994MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 13, 1994 The Ames City Council met in regular session at 6:30 p.m., September 13, 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: Brown, Campbell, Hoffman, Tedesco, and Wirth. Coun. Parks was absent. WORKSESSION WITH HISTORIC PRESERVATION SOCIETY: Kerry McGrath, Local Governments Coordinator for the State Historic Society of Iowa, presented a brief overview of the Certified Local Government Program, a federal program which implements a partnership between different levels of government for the identification, evaluation, and protection of historic properties. She reviewed the requirements for Ames to become a Certified Local Government (CLG), including enacting a historic preservation ordinance, establishing a local historic preservation program, and appointing a qualified historic preservation commission to administer the program. She said to become a CLG, a local government agrees to follow federal and state historic preservation standards and guidelines in their local historic preservation program. Ms. McGrath described the advantages of participation in the CLG program, and said all incentive programs are tied into the federal standards and goals. She said as a CLG, a community qualifies for a special federal, matching grant program administered through the National Park Service and State Historical Society. Commission Member Burgess asked how the program related to the Main Street Program, and Ms. McGrath said the two complimented each other. Coun. Hoffman said the program sounded interesting, and asked whether additional staff time would be required if Ames were to become a CLG. Ms. McGrath said she didn't believe additional staff time would be required. She said Ames was somewhat unique in that they already had an experienced Historic Preservation Commission, and said the program is most effective with public participation. Ms. McGrath said while the body of the current Historic Preservation ordinance conforms with the requirements, some design guidelines were not in compliance with the Secretary of the Interior's standards. She said the purpose of those standards was to maintain the historic fabric of a building, to preserve as much of the original structure as possible. Commission Member David Delagardelle said the Commission was working on trying to meet the design guidelines of the ordinance. Ms. McGrath discussed the training requirement for Commissioners, and the time frame involved in Ames becoming a CLG. She said the submission deadline was December 14, 1994, and once the application packet was received, the contract between the State and the City could be prepared in approximately 15 days. Ms. McGrath elaborated on what types of activities the State and federal grant funds could be used for, and discussed the types of grants available in the past. The Historic Preservation Commission members were introduced. Commission Member Delagardelle said within the next 2 months, the Commission will make a recommendation to the City Council regarding Ames becoming a CLG. He said they were working toward meeting the December 14 submission deadline. PROCLAMATION FOR CONSTITUTION WEEK: Mayor Curtis presented a proclamation to T.J. Gfeller and Susan Harris proclaiming September 17 through 23, 1994 as Constitution Week within the City of Ames. AEDC PRESENTATION: Jami Larson, Ames Economic Development Commission, said he was present to give recognition to the City Council members for their involvement in the Ames Economic Development Commission and for their support, both in funding and time spent in service. He presented a plaque to Coun. Brown on behalf of the AEDC, in appreciation of her years of service on the AEDC Board. PUBLIC FORUM: No one appeared to speak at this time. CONSENT AGENDA: Mayor Curtis noted the amended agenda included an additional item to the Consent Agenda. Motion by Hoffman, Second by Tedesco, to approve the following items on the Consent Agenda, removing items 11 and 20 for separate consideration: Motion to approve payment of claims Motion to approve minutes of the regular meeting of August 23, 1994 Motion to approve renewal of the following beer and liquor licenses: a.Class B Beer - Long John Silver's, 533 Lincoln Way b.Class C Beer - Swift Stop #4, 1118 S. Duff c.Class C Beer - Holiday Station Store #47, 326 Lincoln Way d.Class C Liquor - Hunky Dory's, 300 S. 17th Street e.Class C Liquor - Mandarin, 415 Lincoln Way f.Class C Liquor - Corner Pocket/Main Attraction, 125 Main RESOLUTION NO. 94-370 approving Civil Service applicants RESOLUTION NO. 94-371 approving appointment of Ted Tedesco as voting delegate and Sharon Wirth as alternate voting delegate for NLC's Annual Congress of Cities RESOLUTION NO. 94-372 approving 94/95 funding contract with Ames International Partner Cities Association, Inc. RESOLUTION NO. 94-373 approving blanket authorization for Mayor to sign affordable housing contracts RESOLUTION NO. 94-374 approving blanket authorization for Mayor to sign CDBG existing affordable housing contracts (Removed for separate consideration; see action at the end of this section) RESOLUTION NO. 94-375 approving deletion of 1.0 FTE position in City Clerk's Office to be replaced by (2) .5 FTE positions RESOLUTION NO. 94-376 approving final plat for Bloomington Heights #4 Subdivision RESOLUTION NO. 94-377 approving request for time extension to CDBG Flood Study Grant RESOLUTION NO. 94-378 approving replat of Westwood Village Subdivision RESOLUTION NO. 94-379 authorizing a deed conveying vacated street right-of-way (certain portions of Delaware Avenue) to correct 1970 vacating procedure RESOLUTION NO. 94-380 approving amendment to contract for Utility Campus Artwork RESOLUTION NO. 94-381 approving Retiree Insurance Coverage Option RESOLUTION NO. 94-382 approving preliminary plans and specifications for a replacement vibratory steel trough pan conveyor system for the Public Works Department, establishing October 26, 1994 as bid due date and November 8, 1994 as date of hearing and award of contract RESOLUTION NO. 94-383 approving preliminary plans and specifications for the Ontario Cemetery Retaining Wall Project; setting September 27, 1994 as bid due date and October 11, 1994 as date of hearing and award of contract (Removed for separate consideration; see action at the end of this section) RESOLUTION NO. 94-384 accepting bids and awarding a contract to Independent Salt Company in the amount of $24.90 per ton, for rock salt for 1994-95 Ice Control program RESOLUTION NO. 94-385 accepting bids and awarding contracts to Feed-Rite Controls, Inc. and Di-Chem Company for chemicals for the Power Plant RESOLUTION NO. 94-386 approving contract and bond of Manatt's, Inc. in the amount of $230,982.00 for S.E. 5th Street Paving Project RESOLUTION NO. 94-387 approving contract and bond of Ponderosa Dredging Company in the amount of $145,500.00 for Lime Sludge Disposal Project RESOLUTION NO. 94-388 approving contract and bond of Central States Roofing Company in the amount of $55,965.00 for 1994-95 Library Roofing Improvements RESOLUTION NO. 94-389 approving contract and bond of Giese Construction Company, Inc. in the amount of $347,969.74 for East Lincoln Way Frontage Road Paving Project RESOLUTION NO. 94-390 approving final acceptance of Animal Shelter Site Grading and Utilities Project RESOLUTION NO. 94-391 accepting bids and awarding contract to Thomas Bus Sales of Iowa in amount of $127,266.00 for purchase of three 13-passenger mini-buses, subject to completion of pre-award audit and IDOT concurrence. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEPARATE CONSIDERATION: CDBG EXISTING AFFORDABLE HOUSING CONTRACTS: Coun. Hoffman said she wanted people to know the City was trying to make housing available in more ways than one. She said she would like to hear from staff on this program at a later date. Motion by Hoffman, Second by Campbell, to adopt RESOLUTION NO. 94-374 approving blanket authorization for Mayor to sign CDBG existing affordable housing contracts. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ONTARIO CEMETERY RETAINING WALL PROJECT: Coun. Hoffman asked when this work would be done, expressing concerns about safety on the bikepath and the length of time it was taking for this repair. City Manager Steve Schainker explained that since the funding source for this repair was through the Iowa Department of Transportation, and therefore separate from the City's flood reimbursement funding, it was taking longer to accomplish than the other flood-related repair projects. Coun. Hoffman said she would like to see the project completed this fall, if possible. Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-383 approving preliminary plans and specifications for the Ontario Cemetery Retaining Wall Project; setting September 27, 1994 as bid due date and October 11, 1994 as date of hearing and award of contract. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON LEAF BURNING BAN: Mayor Curtis declared the public hearing open. Jack Cleasby, 4805 Dover, said he was recently retired from the Environmental Engineering faculty at ISU. He said there were good atmospheric conditions in Ames, and the City was not violating Environmental Protection Agency standards. He said he had many trees on his property and felt burning was the easiest alternative at this time. He said if individuals burn leaves when conditions are wrong for burning, i.e. windy days or when the leaves are wet, complaints should be registered and they should be ordered to stop burning. He said he opposed the ban. Ann Olson, 817 Ridgewood, spoke in favor of burning, and also of shredding and composting. She encouraged all citizens to burn responsibly and to consider their neighbors. She said if limited burning times were considered, the month of November should be included in the period when burning was allowed. Stan Lassegard, 4103 Quebec, said he had asthma and allergies, and smoke was his biggest irritant, sending him to the emergency room on more than one occasion. He distributed a statement from Edward G. Nassif, M.D., concerning carcinogens released by open leaf burning. He said there were great health costs of open burning that could not be valued in monetary terms. Dayton Heins, 404 Garden Road, said he was against leaf burning, although he said the southern part of town is not as affected by smoke as the middle areas. He said the City should concentrate on distribution to get the leaves from the center of town to an area where they can be used. Jim Mcelroy, 2115 Friley Drive, said the Council should consider alternatives to burning prior to taking any action banning burning. Al Joensen, 1717 24th Street, spoke against a ban on leaf burning, and said they should reinforce responsible burning. He displayed a chart showing what happens when people pile their leaves on the ground for burning, and said smoke will result from poor distribution of air for combustion. He said using a large wire receptacle with space underneath provides for better combustion. He said if people are concerned about leaf burning, they should also consider woodburning, which creates various hydrocarbons and creosote. He said charcoal grill burning could also produce a large amount of smoke. He said car emissions posed a greater threat to health than leaf burning. He said he felt the option of leaf burning should be left open for individuals who did it properly. He discussed the btu energy value of leaf burning, and said he felt the procedure for burning dry leaves in the Resource Recovery Center should be reevaluated. The public hearing was declared closed. Coun. Campbell said the Council should consider an amendment to the current ordinance which would allow leaf burning on Saturdays only. She said such an amendment might intensify the smoke on those days, and if so, the issue might have to be revisited. She said in the meantime, it would provide the opportunity to let people know the City would like to discourage the burning method, and also provide time to look at other alternatives, such as transporting the leaves to the southern part of town. Motion by Campbell, Second by Wirth, to amend the current ordinance to allow leaf burning on Saturdays only. Coun. Brown said she felt they needed to look at other options as well, particularly regarding getting service clubs involved to provide answers to the transportation problem. Coun. Hoffman said they also needed more educational programs on the alternatives. She said after reviewing material from ISU on composting, she had concerns about the amount of time involved in the decomposition process. Coun. Wirth said she could support the amendment, as long as action was also taken to look at alternatives and education about land application, shredders, transportation, etc. She said the proposed amendment was not a good long-term solution, but would put people on notice that the City was looking at changes to the current ordinance. Coun. Tedesco said he felt the amendment would be a rush to judgment without any clear-cut alternatives in place that could function properly to handle all of the different needs and inconveniences that may result. He said most of the residents who have talked to him have been against any ban, and that some felt it was a reduction of their liberties. He said he felt there might be a federal or state mandated total ban on burning in the future. He said it was hard to distinguish between burning yard waste and burning leaves. He said he could not support a change in the ordinance until defined alternatives were in place. Coun. Campbell suggested yard waste be included in the motion to be burned on Saturdays only. Coun. Tedesco said the proposed amendment would concentrate all the smoke on days when many people were at home with their families and relatives. He said people who worked on Saturdays would be unable to burn leaves then. He said he would be more supportive of an amendment that provided for limited burning at only specified times during the year. Mayor Curtis said the experience of other communities that have limited burning to particular days or time periods has not been successful, partly because nature doesn't always cooperate. Coun. Campbell said she felt the proposed amendment was worth a try. She said in the meantime, it would keep the subject of recycling, composting, etc. in the forefront. Motion by Campbell, Second by Brown, to amend the motion to provide that yard waste, as well as leaves, could be burned only on Saturdays. City Manager Steve Schainker noted the ordinance had been amended fairly recently to deal with ceremonial fires and other open wood-burning fires. City Attorney John Klaus reviewed the current ordinance, noting open fires for cooking, heating, recreation, and ceremonies would be permitted as an exception to the ordinance. Mr. Schainker said in the past, people who are developing property far away from established homes have requested open burning of grass, etc. Mr. Klaus said the current ordinance provides that landscape waste which originates on the premises may be burned on the site, but the proposed amendment would exclude leaves and yard waste from that permission on any day except Saturday. There was discussion regarding what constituted yard waste. Coun. Tedesco said the discussion pointed out how complicated the issue is. Motion by Tedesco, Second by Hoffman, to table the leaf-burning issue for 30 days, asking Staff to research alternatives. Vote on Motion: 5-0. Motion declared carried unanimously. Coun. Wirth said she felt Staff should be given direction regarding what to research for alternatives. Coun. Brown agreed and said if Council had no objection, she would contact the President of the Ames JayCees to see if that group had any interest in working out a volunteer program to help with transportation alternatives. Coun. Tedesco suggested a workshop be held, including other parties involved in this issue, to look at alternatives such as whether the Resource Recovery Center might be able to burn leaves in the future. He suggested State legislators be contacted regarding exemptions in regulations for the Resource Recovery Center. Coun. Brown agreed. She said in addition, they should look at either subsidizing wire baskets to produce cleaner smoke when burning leaves, or getting service clubs to sell them. Coun. Wirth said they might look at rebates for shredders. She suggested Staff meet with the garbage haulers and see if they have any additional ideas regarding yard waste. HEARING ON REZONING OF PROPERTY AT INTERSECTION OF ELWOOD DRIVE AND OAKWOOD: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 94-393 approving with stipulations a request for annexation of 31.21 acres of land generally located southwest of the intersection of Elwood Drive and Oakwood Road. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Tedesco, to pass on first reading an ordinance rezoning property generally located southwest of the intersection of Elwood Drive and Oakwood Road from Story County A-1 to R-2 (Low-Density Residential). Coun. Campbell asked why the Council was not being asked to consider the Conceptual Development Plan and Planned Unit Development at this time. Planning and Housing Director Brian O'Connell explained that documents for CDP and PUD had not yet been filed, and the applicant had asked if the City would be willing to consider the base zoning with the understanding that the CDP and PUD would have to be handled as a separate submittal. He said this action reflects the City's decision to deal with a basic landuse decision in the form of a zoning amendment. He said the property was in the process of being sold to the developer. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON PEARLE AVENUE STORM SEWER PROJECT: Mayor Curtis declared the public hearing open. J.D. Armstrong said he wondered why Staff's recommendation was to reject the bids received on this project. He said much time and money went into the preparation of proposals. He said perhaps the difference between the engineer's estimate and the bids received was due to the time that had evolved between the preparation of the engineer's estimate and the time of bid submittal. He said his bid was up to date. He said due to the time of year, construction costs for this project would also affect bid amounts. The public hearing was declared closed. Motion by Campbell, Second by Brown, to reject bids. Public Works Director Paul Wiegand said both bids received on this project were over the engineer's estimate, with the low bid being 12% over the budget. He said with administrative costs, the City's total costs for this project would be nearly $75,000. He said because bonding was the funding source, there was not another revenue source to fall back on to try to gain the incremental difference. He said it was not Staff's intent to rebid immediately, but to re-evaluate the situation and try to get the costs under budget. Coun. Wirth asked whether the pipe was in danger of collapsing if the project was delayed until spring. Mr. Wiegand said no further deterioration of the pipe had been noted, but Staff would continue to closely monitor the situation. Coun. Hoffman expressed concern regarding the amount of money and time that goes into preparation of bids. She said while she understood the funding problem in this instance, she felt the issue of soliciting bids and then rejecting them needed to be carefully considered. Coun. Brown asked why bid openings were held at 10:00 a.m. rather than at the standard time of 2:00 p.m, and said she's heard the earlier time often presents a problem for bidders. There was discussion regarding what was the standard bid opening time for the City. Mr. Wiegand said Staff could talk to the bidders and see if the early bid opening time presents problems. Coun. Tedesco said he'd also heard that the early time makes it difficult for bidders to get necessary documents ready in time. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON MAXWELL AVENUE SANITARY SEWER PROJECT: Mayor Curtis declared the public hearing open. There being no one wishing to testify further, the public hearing was declared closed. Motion by Campbell, Second by Wirth, to accept report of bids and delay award of contract to September 27, 1994. Coun. Tedesco noted the bids were higher than the engineer's estimate and asked if there was a possibility these bids would be rejected as well. Public Works Director Paul Wiegand said in this project, there was a possibility of other projects within the utility having savings that could be applied to this project. Coun. Tedesco asked whether they would continue to see high costs on the remaining construction projects for the year. Mr. Wiegand said because of the work backlog for construction, whenever a tight time frame was involved, the price would increase. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON PARKING LOT Q RESURFACING PROJECT: Mayor Curtis declared the public hearing open. There being no one wishing to testify further, the public hearing was declared closed. Motion by Brown, Second by Wirth, to accept report of bids and delay award of contract to September 27, 1994. Coun. Wirth said she hoped to see this project completed. Vote on Motion: 5-0. Motion declared carried unanimously. FIREWORKS PERMIT FOR ROLLING STONES CONCERT: Motion by Tedesco, Second by Hoffman, to approve request from Iowa State Center for fireworks permit for Rolling Stones Concert on October 1, 1994. Vote on Motion: 5-0. Motion declared carried unanimously. CENTER FOR PERSONAL DEVELOPMENT REQUEST REGARDING DISPOSITION OF PROPERTY AT 1008 BURNETT: Bill Marion, President of the Board of Directors for the Center for Personal Development (CPD) at 1008 Burnett, said due to financial constraints and reductions in funding for long term mental health care, the Board decided to close the Center at 1008 Burnett and its traditional living facility at 525 6th Street. He reviewed events in the past several months leading to closings, saying on August 19, he'd announced the Center was closing, and encouraged representatives of other facilities to tour both facilities and to let it be known if they were interested in acquiring the houses. He said a group of six Realtors had toured both homes and priced 1008 Burnett at $99,000 and the 6th Street property at $75,000. He said representatives of Mary Greeley Medical Center's Emergency Residence Project visited the houses, and Youth and Shelter Services had expressed an interest in the 6th Street property on a rental basis. He said neither he nor any of the other current Board members knew there was a contract stipulating the Center must have the City's authorization before dispensing of the property until he received an August 27, 1994 memorandum from Assistant to the City Manager Sheila Lundt alerting him to that fact. He said the Board has since ceased all efforts to sell until Council authorizes them to proceed. He said the Board needs the proceeds from the sale of the Burnett house to cover other debts because as a corporation, they were responsible for both properties. He said the difference in the asking price and the assessed value on the Burnett property was due to maintenance of the property, and an official appraisal could be done if Council so wished. He said the Board felt the Center had faithfully fulfilled its commitment of 10 years ago, and wished to be fully cooperative with the Council. There was discussion regarding why the Board felt the need to proceed immediately with the sale of both properties. Coun. Wirth said she felt the sale of the 6th Street property was a separate issue, and Coun. Brown agreed, asking if there was a package sale to a party. Mr. Marion stressed the need to regard the Center as an entity that has ceased operation, and said they were packaging the two buildings together for information purposes, but not in terms of a sale. Coun. Tedesco referred to the CPD's balance sheets as of August 31, and asked several questions pertaining to accrued unemployment tax, number of employees terminated, and whether real estate commissions would be subtracted from the sale of the properties. Mr. Marion said while a commission would be paid to the listing agency, he would not be directly involved. He said he would volunteer his time to expedite the process. Mr. Marion said the Center had also received a $10,000 grant for the purchase of the 6th Street facility, and a $12,000 operating grant. He said no method of repayment was mentioned in the contract between the Center and the City, and asked that the City carefully consider requesting any payment until the total liabilities of the Center are determined. Coun. Tedesco asked whether the City was entitled to possible recovery of the grant funds. City Attorney John Klaus said the 1985 agreement provided that there be no transfer of the title to this property without the City's approval, and that the proceeds of any sale are not to be dispersed except with respect to a City-approved public purpose or benefit. He said the latter could include the purposes served by paying off the debts and obligations of the organizations. He reviewed options for the Council to consider, saying it would be possible to indicate the Center could seek a potential transaction, but that the transaction needs Council approval before it is concluded. Mr. Marion suggested the Center's legal counsel discuss these issues with the City Attorney. Coun. Wirth said she felt it was important to have Staff review this information, and Coun. Campbell agreed, noting information had also been received late this afternoon concerning the City's CDBG obligation to the State. Mayor Curtis said he felt it was important to let the Center proceed as soon as possible, once the Council feels their concerns are met, and Coun. Brown agreed. Mayor Curtis said the Center has provided a valuable service to the community, and the Council needed to act responsibly in terms of their obligation to the community. He said both were working toward the same ultimate goal. Assistant to the City Manager Sheila Lundt reviewed the obligations of both parties as contained in the 1985 contract. She said Staff was informed today that the Iowa Department of Economic Development does not consider revenue from sale of this property as block grant revenue. She reviewed the September 13, 1994 memo from Planning and Housing staff as distributed to Council, which identified the three actions that must occur when this property is to be sold, and two options for the Council to consider regarding the proceeds of any sale. Motion by Brown, Second by Tedesco, to allow the Center for Personal Development to proceed with the sale of 1008 Burnett, subject to establishment of an escrow account for deposit of proceeds after appropriate liens and mortgages on 1008 Burnett are satisfied, and subject to having the terms and conditions of the sale approved by the Council. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM AMES HIGH SCHOOL FOR HOMECOMING PARADE: Motion by Hoffma n , Se c o n d b y T e d e s co , to a d o p t RESOLU TIO N NO. 94-394 approving request from Ames High Homecoming Committee for parade along Fifth and Main Streets on Monday, October 3, at 6:30 p.m., subject to support of downtown business owners, and with the stipulation that the Committee provide adults to man City-provided barricades at eleven locations along the proposed route to block north/south traffic movement during the event. Diane Wilson, Ames High Homecoming Parade Chair, said the downtown businesses will be notified, and the Committee has support from the AHS Administration. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON PEDDLERS' PERMITS: City Clerk Sandra Ryan provided a report on the City's current permit process for peddlers and door-to-door solicitors, noting the spring and fall of each year are particularly busy times for groups and individuals who wish to conduct door-to-door business in Ames. She said the City's process is one of identification only, not endorsement of any individual, group, or product, and only applies to for-profit groups. She said non-profit groups may voluntary register with the City Clerk's office, but are not required to do so under the current ordinance. She said citizens who call the City with concerns about a particular individual or group are often surprised to learn the City's process is for identification only. She said Staff was concerned that because the City issues a badge, there seems to be a perception that the City is endorsing an individual, group, or product in some way. Coun. Campbell said the badge does allow the City to identify individuals who are not complying with the ordinance. City Attorney John Klaus reviewed how the present ordinance was adopted to at least identify the people who were going door-to-door. He said there was no strong legal basis to do much more than identification, unless background checks were performed. Coun. Hoffman said she had requested this item be placed on the agenda after receiving calls from citizens concerned about individuals selling products door-to-door. She said it had been brought to her attention that in other cities, ordinances were structured so that revocation of permits was possible. She said she had asked the City Attorney to review those ordinances, and while she didn't think there was any real solution to this problem, she felt there were ideas from other cities that might be workable here, such as requiring a bond for collecting damages. City Manager Steve Schainker said he has heard concerns that under the present ordinance, when complaints are received about a particular individual or group going door-to-door, staff has no authority to revoke a permit or to deny a permit to the group when they re-apply in 6 months. There was discussion regarding possible revocation or denial procedures, including an opportunity for a hearing. Coun. Hoffman said she felt such a hearing should be held administratively. City Attorney Klaus said it would be possible to set certain standards for denying a permit, i.e., previous revocation. Motion by Tedesco, Second by Wirth, that the matter be referred to Staff for further information regarding more detailed applications for peddlers' permits, provisions for permit revocation, and hearing procedures. Coun. Hoffman asked if the present ordinance prohibited door-to-door solicitations after dark, and City Attorney Klaus said solicitations were currently prohibited between the hours of sunset and sunrise. Vote on Motion: 5-0. Motion declared carried unanimously. RECESS: Mayor Curtis called a recess at 8:55 p.m. RECONVENE: The regular meeting reconvened at 9:00 p.m. CONTRACT FOR PHARMACEUTICAL DRUG SERVICES: Motion by Brown, Second by Campbell, to adopt RESOLUTION NO. 94-395 approving contract for pharmaceutical drug services. Coun. Hoffman questioned why this project was bid with an initial 9-month contract period. Assistant City Manager Bob Kindred said the evaluation process carried into the new fiscal year, and Staff wanted to make certain there was a smooth transition. He said other pharmacies may still sign on to this package. He said if approved, the contract would go into effect on October 1, 1994. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SETTING DATE OF MEETING FOR PROPOSED SALE AND ISSUANCE OF $2,015,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1994B: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-396 setting September 27, 1994 as date of meeting at which it is proposed to take action for the sale and issuance of $2,015,000 General Obligation Corporate Purpose Bonds, Series 1994B. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BOND REIMBURSEMENT RESOLUTION: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO. 94-397 relating to financing of certain proposed projects to be undertaken by the City of Ames, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DISCUSSION OF PROPOSED CHANGES TO BUILDING CODE: Kurt Mackey, Chair of the Building Code Board of Appeals, reviewed his September 8, 1994 memorandum to the Mayor and Council, and thanked the Board members, Homebuilders Association members, and concrete contractors for the last several months of discussion on this item. He said the Board of Appeals' proposal would require foundation wall inspections, enforce the Uniform Building Code for all foundations, and affect a change on anchor bolt spacing from 6 ft. on center to 4 ft. on center. He said they also recommended clarification in wording of what constitutes a "foundation." He said the Board also recommended the UBC requirement for site conditions to be taken into consideration. There was discussion regarding the definition of "foundation." Mr. MacKey said in his definition, a "foundation" would include the foundation footing and foundation wall. Mayor Curtis summarized the differences between the Building Code Board of Appeals' recommendation and that of the Home Builders Association, concerning the spacing between horizontally and vertically located rebars, and whether the vertical rebar was pre-wired to a horizontal rebar prior to pouring of concrete or "dropped in" prior to concrete pouring. Building Official Jeff Pearson displayed examples of rebars, and what would be required by the Building Code Board of Appeals' recommendation. He said Staff agrees that a foundation is one of the most important parts of a structure, and is willing to add foundation inspections to their schedules. Tom Donner, President of Ames Home Builders Association, referred to his September 8, 1994 letter to the Mayor and Council, and said he had conducted telephone interviews with building officials from other major cities in Iowa regarding this issue to determine what was common practice. He said the Home Builders' recommendation differed not in the amount of reinforcing, but in the hours of time required to implement it. He said they needed to be able to afford the quality that they were dictating. He said by allowing for steel to be place on-site, the Home Builder's recommendation would keep the walls structurally sound, but keep affordable quality housing. He said minor cracking would occur with either option. Motion by Tedesco, Second by Brown, to direct the City Attorney to prepare ordinance changes for the Building Code pertaining to foundation walls as follows: 1) accepting the Home Builders Association members' alternative for relaxing the UBC for one- and two-family dwellings; 2) that all other dwellings conform to the current UBC; and 3) that there be inspections for poured foundations. Bill Bossenberger, 1938 Maxwell, expressed concern that the motion didn't take site conditions into account. He said there was a misunderstanding that the Board of Appeals was asking for a great increase in the amount of reinforcement. He said there were other options to adding more steel to the walls, for example, the option of granular backfill. He discussed other options, and said the flexibility to use those options was not included in the motion, whereas it was under the UBC. Coun. Brown asked questions about site specificity in terms of soils, and said she was concerned with the expense of the some of the proposals. Mr. Bossenberger discussed free-draining materials and clay materials which require a stronger foundation. Coun. Tedesco said he felt the motion was a compromise, to at least guarantee some reinforcing and continuity in construction of affordable 1- and 2-family dwellings which are not designed by an engineer or an architect. He said he felt this proposal was a step forward, adding that it may have to be amended again later on. Coun. Brown said she felt a worksession on this issue, similar to ones held in the past on the Building Code revisions, would be helpful, and Coun. Wirth agreed, saying she was not willing to preclude one option at this time. She said the City Attorney be directed to draw up both ordinances. Coun. Tedesco said there could be more discussion on this issue at the time of first reading of the ordinance. There was discussion regarding how site specific determinations were made. Coun. Hoffman said she would prefer to have both options drawn up for the Council's consideration. Vote on Motion: 1-4. Voting Aye: Tedesco. Voting Nay: Brown, Campbell, Hoffman, Wirth. Motion declared failed: 1-4. Motion by Hoffman, Second by Wirth, to direct the City Attorney to prepare two versions of an ordinance, one dealing with the Home Builders' Association recommendation; the other with the recommendation of the Building Code Board of Appeals, to be sent out to both entities for review before returning for Council's consideration. Vote on Motion: 4-1. Voting Aye: Brown, Campbell, Hoffman, Wirth. Voting Nay: Tedesco. Motion declared carried: 4-1. Motion by Brown, Second by Wirth, that before this issue returns for Council's consideration, an informational worksession be conducted, with several visual aids provided. Vote on Motion: 5-0. Motion declared carried unanimously. CDP FOR ASPEN BUSINESS PARK: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO. 94-398 approving Conceptual Development Plan for Aspen Business Park, located along South 16th Street. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM SOFTFORCE, INC. FOR EXTENSION ON CEBA JOB CREATION GOAL: Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 94-402 approving request to State of Iowa on behalf of Softforce, Inc. for extension on CEBA job creation goal. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. AMENDMENT TO CONTRACT WITH SOFTFORCE, INC. FOR SUBORDINATION OF INTEREST AND EXTENSION OF REVOLVING LOAN FUND: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-399 approving an amendment to contract with SoftForce, Inc. for subordination of interest and extension of Revolving Loan Fund. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PRIORITIES FOR LOW POINT DRAINAGE: City Manager Steve Schainker noted Council had previously approved the criteria to evaluate low points in the street grade where stormwater flooding occurs. He said Staff's report was the result of applying those criteria to the problem areas, to determine priority rankings. Public Works Director Paul Wiegand said a number of areas were studied, including those identified in the Capital Improvement Program. He reviewed the staff report, which listed the following seven criteria: 1) Value of property exposed to potential damage, 2) Emergency vehicle access, 3) Number of people affected, 4) Number of structures exposed to potential damage, 5) Street classification affected, 6) Land use of affected area, and 7) Benefits adjacent areas. He said some of the areas were not ranked, because if there was no structure involved, Potential Damage (Criteria #4) was not determined. He noted Northridge Parkway and Thackeray/College Creek areas received the highest priority rating, primarily because of the higher point totals in terms of number of people affected and number of structures affected. He said Staff will start developing projects to address concerns in the priority order, based on the budgeted funds available. Coun. Hoffman noted the CIP allocated $100,000 per fiscal year for the construction work to alleviate these problems, and asked how long it might take to accomplish all the projects. There was discussion regarding how a number of alternatives might exist to solve each problem area. Coun. Tedesco asked whether the 1300 block of Jefferson Project might move up in priority with the Bloomington Road project, and Mr. Wiegand said Staff intended to try to link associated projects. Coun. Wirth asked how the number of structures involved was determined, and whether Staff had talked to the property owners. Mr. Wiegand described the process used by Staff. Mr. Wiegand noted a correction to the Priority Rating as contained in the Council Action Form, citing 10 structures exposed in the Thackeray/College Creek area. Coun. Wirth asked whether residents had been notified of this information. Mr. Wiegand said in areas where Staff had a neighborhood contact, the information was sent last week. Helen Silverthorn, 1725 Burnett, said her home sustained structural damage from the storm last year and she felt more than 5 structures in that area had been involved as well. She said there was much drainage in the area from Meeker School. Mr. Wiegand said the 1993 flood was not used as a design alternative because it was such an exceptional year. He said the 100-year water level was used to establish the criteria. Annamae McLaughlin, 1813 Burnett, said she has been a resident there for 12 years, and this was not a one-time occurrence. She said there are 10 acres of property at Meeker School that drain down into one drain. She said it was a major problem. Linda Kelly, 1721 Burnett, said the problems occurred not just in one 300-year flood, but any time there was a major storm. Glenn Bastiaans, 2506 Ridgetop, said the members of the Northridge Homeowners Association have been working with City staff for the past year, trying to clear up some of that area's flooding problems. He said he thought this was a step in the right direction. Coun. Hoffman suggested the School District might take some steps to prevent the runoff into the neighborhood, as was the situation with the Sawyer School area earlier this year. Mr. Wiegand said contacts had been made with the School District earlier this spring, and said Staff would follow up on that contact. Coun. Wirth suggested the neighbors also write to the School District. Coun. Campbell asked if there had been miscalculations on the number of properties affected on Burnett that would reprioritize that area. Coun. Wirth said perhaps Staff hadn't heard how often the problem recurred there, which would affect the equation used to determine its priority ranking. Mr. Wiegand explained the frequency multiplier used, and said a frequency of once every three years had been used in the Burnett area. He said Staff could recheck the numbers used the Burnett area, and Coun. Wirth requested they do so. PRE-CONSTRUCTION AGREEMENT FOR U.S. 30/DAYTON ROAD: Motion by Tedesco, Second by Brown, to adopt RESOLUTION NO. 94-400 approving pre-construction agreement for U.S. 30/Dayton Road. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER FOR SOUTH DUFF IMPROVEMENT PROJECT: Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-401 approving change order for South Duff Improvement Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROHIBITION OF CERTAIN TYPES OF VEHICLES FROM PARKING IN DESIGNATED DELIVERY AREAS: Motion by Wirth, Second by Hoffman, to pass on first reading an ordinance prohibiting certain types of vehicles from parking in designated delivery areas. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, 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 Hoffman, to pass on second and third readings ORDINANCE NO. 3293 prohibiting certain types of vehicles from parking in designated delivery areas. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROHIBITION OF PARKING ON 20TH STREET FROM GRAND TO FERNDALE: Motion by Hoffman, Second by Brown, to pass on first reading an ordinance prohibiting parking on 20th Street from Grand to Ferndale. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared adopted unanimously. Motion by Wirth, Second by Tedesco, to pass on second and third readings ORDINANCE NO. 3294 prohibiting parking on 20th Street from Grand to Ferndale. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PROHIBITION OF PARKING ON RIDGEWOOD AVENUE FROM 16TH STREET TO 20TH STREET: Mayor Curtis noted a revised ordinance had been distributed to Council. Motion by Brown, Second by Campbell, to pass on first reading an ordinance prohibiting parking on Ridgewood Avenue from 16th Street to 20th Street. Roll Call Vote: 5-0. Motion declared carried unanimously. Coun. Tedesco asked whether Staff intended to propose prohibiting parking on Ridgewood entirely once the construction project was completed, and City Manager Schainker said that was Staff's intent. Motion by Wirth, Second by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Wirth, Second by Tedesco, to pass on second and third readings ORDINANCE NO. 3295 prohibiting parking on Ridgewood Avenue from 16th Street to 20th Street. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DESIGNATION OF SPEED LIMIT ON SOUTHEAST 16TH STREET - DAYTON AVENUE TO NEW U.S. HIGHWAY 30 and U.S. HWY. 30/DAYTON OVERPASS: Motion by Brown, Second by Hoffman, to pass on first reading an ordinance designating speed limit on Southeast 16th Street - Dayton Avenue to New U.S. Highway 30 and U.S. Hwy. 30/Dayton Overpass. Roll Call Vote: 5-0. Motion declared carried unanimously. Motion by Campbell, 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 Wirth, to pass on second and third reading ORDINANCE NO. 3296 designating speed limit on Southeast 16th Street - Dayton Avenue to New U.S. Highway 30 and U.S. Hwy. 30/Dayton Overpass. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Brown said there had been an interesting report in The Nation's Weekly regarding the importance of community leaders becoming involved in the information super highway, and she said she felt there were interesting future ramifications for Ames. She requested Staff order the materials mentioned in the article. Coun. Wirth said there were street lights not working properly in the 1100-1200 block of Grand and in the 800 block of Burnett. Coun. Tedesco asked whether the report from the Flood Plain Management Study Committee would include recommendations regarding projects to deter flooding. Assistant City Manager Bob Kindred said the September 27 Council agenda would include an item regarding a proposed Scope of Services for the Study. He said identification of mitigation alternatives would be included in one of the phases of the Study. Coun. Hoffman said she had received a complaint about chunks of cement left over from a project on West Street which prohibit the property owners from being able to cut through the weeds and maintain the property. ADJOURNMENT: The meeting adjourned at 10:03 p.m. Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor