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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/27/1993MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 27, 1993 The Ames City Council met in regular session at 7:00 p.m., April 27, 1993 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, and Wirth. Council Member Hertz was absent. NATIONAL NURSES WEEK: Mayor Curtis presented a proclamation to Donna Deardorf, R.N., establishing the week of May 3, 1993 as National Nurses Week in the City of Ames. NATIONAL HISTORIC PRESERVATION WEEK: Mayor Curtis presented Weldon Walsh, Chair of the Ames Historic Preservation Commission, a proclamation establishing the week of May 9, 1993 as National Historic Preservation Week in the City of Ames. Mr. Walsh presented the City Council with a resolution passed by the Ames Historic Preservation Commission, commending the Council for its efforts in historic preservation. VISITOR FROM ROTARY INTERNATIONAL: Rich Fellingham, President of the Ames Noon Rotary Club, introduced T.P. Kannan, from Madras, India. He said Mr. Kannan was a Paul Harris Fellow, an individual who made a contribution of $1,000 or more to the Rotary Foundation. CONSENT AGENDA: Motion by Brown, Second by Parks, to approve the following items on the Consent Agenda: Motion to approve the minutes of the regular meeting of April 13, 1993 Motion to approve payment of claims Motion to approve renewal of the following beer and liquor licenses: a. Class C Beer - CI Country Corner, Ltd., 2400 Elwood Drive b. Special Class C Liquor - Great Plains Sauce and Dough Company, 129 Main Street Motion to refer to staff request regarding City-owned land at Lettie and Manning Motion to refer to staff request from Northridge Subdivision regarding fence jetties along east side of Squaw Creek Motion to approve certification of Civil Service applicants RESOLUTION NO. 93-152 approving release of real estate mortgages for property at 627 8th Street, 811 Grand Avenue, and 1016 N. 3rd Street, as part of the City's Housing Rehabilitation Program RESOLUTION NO. 93-153 accepting bids and awarding contract to Case Power & Equipment Company of Ankeny, Iowa in the amount of $49,800.24 for articulated type wheel loader for Resource Recovery Center RESOLUTION NO. 93-154 approving renewal of contract with Bell Salvage of Ames for shredded steel baling and transporting for the Resource Recovery Center, and the addition of disposal of motorized appliances to the scope of services included in the contract RESOLUTION NO. 93-155 proposing sale and conveyance by quit claim deed of lift station parcel of land (US #30/Dayton Road project) to DOT, and setting May 11, 1993 as date of hearing RESOLUTION NO. 93-156 approving plans and specifications for South 16th Street 69 kV Transmission Line Relocation project; establishing May 6, 1993 as bid due date and May 11, 1993 as date of hearing and award of contract RESOLUTION NO. 93-157 accepting completion of contract with Siemens Energy and Automation, Inc. for Contract 1 - Schedule A1 for the Electric Utility ISU-69 kV Tie Line project RESOLUTION NO. 93-158 approving contract and bond of Ames Trenching & Excavating, Inc. for 1993 Water Program #1 RESOLUTION NO. 93-159 approving new monitoring well agreement with Bourns, Inc. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: No one appeared for this portion of the agenda. REQUEST FROM ALPHA OMICRON PI: Motion by Parks, Second by Campbell, to approve a request from Alpha Omicron Pi Sorority to allow under-age persons on the premises of the Coliseum Nightclub while alcohol is being served on April 28, 1993 from 7:00 p.m. to 10:00 p.m. Vote on Motion: 4-1. Voting aye: Campbell, Hoffman, Parks and Wirth. Voting Nay: Brown. Motion declared carried 4-1. REQUEST FROM CHI OMEGA: Motion by Hoffman, Second by Parks, to approve a request from Chi Omega Sorority to allow under-age persons on the premises of the Coliseum Nightclub while alcohol is being served on April 30, 1993 from 4:00 p.m. to 8:00 p.m. Vote on Motion: 4-1. Voting aye: Campbell, Hoffman, Parks and Wirth. Voting Nay: Brown. Motion declared carried 4-1. REQUEST FROM IEEE: Motion by Campbell, Second by Hoffman, to approve a request from the Institute of Electric and Electronic Engineers (IEEE) to allow under-age persons on the premises of Last Call Sports Bar while alcohol is being served on April 30, 1993 from 4:00 p.m. to 8:00 p.m. Vote on Motion: 4-1. Voting aye: Campbell, Hoffman, Parks and Wirth. Voting Nay: Brown. Motion declared carried 4-1. REQUEST FROM CITY OF NEVADA: Motion by Parks to approve a request from the City of Nevada to allow that city's official staff and vehicles free access to the Resource Recovery Center on May 1, 1993 to dispose of refuse collected on the Nevada Citywide Clean-up Day. Motion died for lack of a second. Motion by Brown, Second by Wirth, to deny the request from the City of Nevada. City Manager Steve Schainker noted other communities making similar requests had been asked to make use of the City's existing "free days" at the Center. Public Works Director Paul Wiegand noted free days were held on the second Saturday of each month from April through September. Mr. Schainker said Staff had tried to accommodate all the communities at one time by creating the free days, and felt the number of free days were adequate. He noted each "free day" costs the system approximately $6,000 in lost revenue and overtime. Mayor Curtis expressed disappointment that this request could not be granted. Coun. Hoffman said it did not seem appropriate to deny requests from other communities and grant this one. She said there needed to be more coordination between communities and City staff to allow each community to take advantage of the existing free days. Coun. Brown agreed and said she would make certain the issue was discussed at the next Story County Mayors' meeting. Coun. Campbell suggested Staff write to the City of Nevada indicating they'd be more than happy to comply with the request on the regularly scheduled free days. Vote on Motion to Deny Request: 4-1. Voting aye: Brown, Campbell, Hoffman, Wirth. Voting Nay: Parks. Motion declared carried 4-1. HEARING ON LIME SLUDGE REMOVAL PROJECT: Mayor Curtis declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Hoffman, Second by Brown, to adopt RESOLUTION NO. 93-160 approving final plans and specifications and awarding a contract to Van Hauen & Associates of Clive, Iowa in the amount of $97,500 and approving contract and bond in that amount for the Lime Sludge Removal Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ONTARIO BIKE PATH PROJECT: 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 Hoffman, to adopt RESOLUTION NO. 93-161 approving final plans and specifications and awarding a contract to Wirth Concrete Construction in the amount of $63,817.20 for the Ontario Bike Path Construction project. Coun. Wirth said she would abstain from voting on this issue as the company under consideration was operated by a relative. 2 Coun. Hoffman said residents in the North Dakota and Hyland area were informed of the bikepath construction at the same time they received a letter from the City regarding sidewalk repairs. She said many residents were confused and felt they were paying for the bikepath. She said it was a unique situation to be constructing a bikepath in an area with existing sidewalks, and because she felt the situation could have been handled more appropriately, it would be good public relations for the City to pay for the costs of repairing these sidewalks. Coun. Campbell expressed concern that doing so would set a precedent for bikepaths in the rest of the community. There was discussion regarding the frequency of constructing bikepaths where there were existing sidewalks. Public Works Director Paul Wiegand said next year, the 24th Street bikepath would present a similar problem. He said according to the comprehensive sidewalk safety program, the properties in the North Dakota/Hyland area had been previously designated for repair this year, and residents were not being asked to accrue additional costs due to the bikepath. He said Staff had sent the sidewalk repair notices a couple of months early to residents along the bikepath route to provide them the option of having the project contractor perform the sidewalk removal and replacement work. He said other residents in the quadrant designated for sidewalk repairs would receive their notices later this year. Motion by Hoffman, Second by Parks, that the motion be amended to provide that the approximate $7,000 cost of sidewalk repairs on Hyland Avenue to North Dakota, along the Ontario Bike Path route, be added to the proposed contract amount, and that the City pay for those additional costs from local option tax funds. Coun. Parks said if the City were going to pay for the repairs, the funds should be appropriated from the bikepath fund, and the issue should be discussed with the Bikeways Committee. He said he had difficulty with the fact that they were discussing two different issues: bikepaths and sidewalks. He noted it was the homeowners' obligation to repair sidewalks, but added that the residents in the bikepath area may wish to delay their sidewalk repairs until the rest of the designated quadrant is done. Vote on Motion to Amend: 1-3-1. Voting Aye: Hoffman. Voting Nay: Brown, Campbell, Parks. Abstaining: Wirth. Motion to Amend declared failed 1-3-1. Motion by Hoffman, Second by Campbell, that the main motion be amended to provide that the approximate $7,000 cost of sidewalk repairs on Hyland Avenue to North Dakota, along the Ontario Bike Path route, be added to the proposed contract amount, and that the City pay for those additional costs by appropriating funds from the existing balance in the Bikeways Fund. Coun. Parks said he could not support appropriating monies from the Bikeways Fund without first discussing the issue with the Bikeways Committee. Vote on Motion to Amend: 1-3-1. Voting Aye: Hoffman. Voting Nay: Brown, Campbell, Parks. Abstaining: Wirth. Motion to Amend declared failed 1-3-1. Vote on Main Motion: 4-0-1. Voting Aye: Brown, Campbell, Hoffman, Parks. Voting Nay: None. Abstaining: Wirth. Resolution declared adopted 4-0-1, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Parks, to ask the Bikeways Committee to review and make recommendations on the policy issue of constructing bikepaths in areas with existing sidewalks. Vote on Motion 5-0. Motion declared carried unanimously. HEARING ON RESURFACING OF BROOKSIDE TENNIS/BASKETBALL COURTS/EMMA MCCARTHY LEE TENNIS COURTS: Mayor Curtis declared the public hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO. 93-162 approving final plans and specifications and awarding a contract to Finley Brothers Tennis West in the amount of $28,876.50 for the resurfacing of Brookside Tennis/Basketball Courts/Emma McCarthy Lee Tennis Courts. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 3 HEARING ON REZONING OF LAND GENERALLY LOCATED NORTH OF SOUTH 16TH STREET AND EAST OF THE FORMER CHICAGO/NORTHWESTERN RAILROAD RIGHT OF WAY: 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 Parks, to pass on first reading an ordinance rezoning approximately 38 acres of land from A-1 to G-C and approximately 38 acres of land from A-1 to R-3, all generally located north of S. 16th Street and east of the former Chicago/Northwestern Railroad right of way. Coun. Brown noted the Staff report stated a storm water management plan for the site will be developed as part of the platting and development process. She asked whether that plan addressed rate of run-off, volume, or both. Director of Public Works Paul Wiegand said the control mechanism is by rate, although the volume is also taken care of because water that falls on the property that does not run off has to be detained or controlled. He discussed how development affects run-off, and said properties were usually restricted to the run-off rate that occurred prior to development. He said at present, other than the site regulations, the City had no ability to control storm water. He said there were no City Codes dealing with the issue, and it was basically controlled by State law. Coun. Brown said she was not opposed to this rezoning, but felt as the City began to develop more and more land, they were going to have to come to grips with the policy issue of storm water management. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE TO ALLOW INSTALLATION OF PARKING AREA IRRIGATION APPARATUS BETWEEN CURBS AND SIDEWALKS: Motion by Campbell, Second by Hoffman, to pass on second reading an ordinance amending the Municipal Code to regulate irrigation apparatus in the street parking. Roll Call Vote: 5-0. Motion declared carried unanimously. CDP FOR HILLSIDE SUBDIVISION: Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 93-163 approving CDP for Hillside Subdivision, located South and West of College Creek, and West of South Dakota Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REPORT ON METHOD OF FINANCING FLORIDA AVENUE AND RELIABLE STREET STORM SEWER PROJECT: Public Works Director Paul Wiegand said a storm water drainage problem was discovered during site plan review for proposed development of the parcel at 1523 Florida. He said Engineering staff have been working with the developer to look at solutions to the problem, and felt it was inappropriate that the developer of this property be faced with the entire cost of mitigating the situation when his is not the only property contributing to the problem. He said one option would be to spread the costs through a special assessment project, and because drainage special assessments differed from typical street or sanitary sewer assessments, they were asking the City Attorney to review the issue. City Attorney John Klaus said the City normally assesses on the basis of what is clearly perceived to be a benefit. He said the situation becomes more problematic when individuals who feel their situation is fine just as it is are assessed for improvements. Mayor Curtis noted the City of Sioux City has participated in similar projects, and suggested Staff contact that City. LOTS 5 AND 6, INDIAN GRASS COURT: Motion by Campbell, Second by Brown, to adopt RESOLUTION NO. 93-164, abandoning easement between Lots 5 and 6, Indian Grass Court. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Coun. Brown said she would raise the discussion of "free days" at the Resource Recovery Center at the next Story County Mayors' meeting. 4 Mayor Curtis thanked the Ames Police and other City Staff members who volunteered their time for their effort to make VEISHEA 1993 a successful event. He said they had all done a tremendous job. Coun. Campbell expressed gratitude to the VEISHEA Central Committee for their effort to work with the City. Coun. Parks concurred, and said he also wished to thank the students at ISU, particularly Scott Lee, Kim Carey, and the VEISHEA Committee. ADJOURNMENT: The meeting was adjourned at 8:01 p.m. ___________________________ _________________________________ Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 5