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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/11/1993MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 11, 1993 The Ames City Council met in regular session at 7:00 p.m., May 11, 1993 in the City Council Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Pro Tem John Parks presiding and the following Council Members present: Campbell, Hertz, Hoffman, Parks, and Wirth. Mayor Curtis was absent. Coun. Brown arrived late. NATIONAL RIDE YOUR BIKE TO WORK DAYS: Mayor Pro Tem Parks presented Marty Murrell with a proclamation establishing each Tuesday from May 18 through September 30, 1993 as National Ride Your Bike to Work or School Days in the City of Ames. PROCLAMATION FOR POPPY DAYS: Mayor Pro Tem Parks presented a proclamation to Chandra Brace and Marie Arnold, American Legion Auxiliary Unit #37, establishing May 21 and 22, 1993 as Poppy Days in the City of Ames. CONSENT AGENDA: Motion by Campbell, Second by Hertz, to approve the following items on the Consent Agenda: Motion to approve the minutes of the special meetings of April 20 and 21, and of the regular meeting of April 27, 1993 Motion to approve payment of claims RESOLUTION NO. 93-165 approving appointments of Douglas Currie, Jerry Redman, and Scott Stephan to the Mechanical Board of Appeals RESOLUTION NO. 93-166 approving appointment of Nancy Richardson as City's representative and confirming appointments of Lisa Herman and Jeff Osborn as GSB's representatives to the Ames Transit Agency Board of Trustees RESOLUTION NO. 93-167 adopting new and revised fees for the City of Ames RESOLUTION NO. 93-168 approving increase in City's VISA credit limit from $15,000 to $20,000 through First National Bank, Ames RESOLUTION NO. 93-169 approving release of real estate mortgage for property at 713 Crawford as part of the City's Housing Rehabilitation Program RESOLUTION NO. 93-170 approving release of mortgage for Krieg Boys Ice, Inc. RESOLUTION NO. 93-171 approving contract and bond for R.H. Grabau Construction, Inc. in the amount of $162,380.00 for the construction of the Public Works Addition to the City Maintenance Facility RESOLUTION NO. 93-172 accepting bids and awarding contracts to ERMCO Corporation of Dyersburg, Tennessee in the amount of $11,475.00, Central Maloney of Pine Bluff, Arkansas in the amount of $50,790.00 and RESCO of Madison, Wisconsin in the amount of $8,796.80 for purchase of overhead and padmount type transformers for the Electric Department RESOLUTION NO. 93-173 approving request to waive formal bidding requirement for publication of notice and awarding contract to Blume Tree Service of Conroe, Texas for the hourly rates and unit prices as bid with total expenditures to be in accordance with approved funding for the 1993-1995 Line Clearance Program for the Electric Department RESOLUTION NO. 93-174 accepting completion of contract with Field Service Associates, Inc. for Wire Replacement Unit No. 8 Precipitator Project Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Motion by Hoffman, Second by Campbell, to reconsider approval of the minutes of the regular meeting of April 27, 1993. Vote on Motion to reconsider: 5-0. Motion carried unanimously. Coun. Hoffman cited two amendments to the minutes of the meeting of April 27, 1993, which were noted by the City Clerk. Motion by Hoffman, Second by Wirth, to amend the minutes of the April 27, 1993 meeting as noted. Vote on Motion: 5-0. Motion declared carried unanimously. PUBLIC FORUM: No one appeared for this portion of the agenda. HEALTH CARE STUDY COMMITTEE: Mayor Pro Tem Parks read the recommended appointments to the Health Care Study Committee as follows: Pat Brown and Ann Campbell, Ames City Council; Dr. Dale Anderson and Dr. Leo Milleman, McFarland Clinic; Libby Angelici and Marvin Julius, Citizens at-large; Cal Halliburton and Linda Dasher, Hospital Board of Trustees; Dr. Dean Harms, representing the independent health care providers; and Dr. Robert Patterson from ISU Student Health Services. Motion by Hoffman, Second by Hertz, to adopt RESOLUTION NO. 93-175 approving the appointments of Ann Campbell and Pat Brown as City Council representatives and of Marvin Julius and Libby Angelici as citizen-at-large representatives to the Health Care Study Committee, and the expansion of the ex officio list of members to include Dr. Mark Power. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST FROM ISU ORIENTATION AND RETENTION PROGRAMS OFFICE: Motion by Hoffman, Second by Campbell, to approve request from ISU Orientation and Retention Programs Office to hang a banner across Lincoln Way near Wallace Road from June 3 to June 30, 1993. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM DOWNTOWN BETTERMENT ASSOCIATION: Motion by Hertz, Second by Wirth, to approve request from the Ames Chamber of Commerce and the Downtown Betterment Association for "Welcome to Downtown Ames" banner to be placed over Main Street. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM AMES FARMERS MARKET: Motion by Hoffman, Second by Campbell, to approve request from Ames Farmers Market for use of the Depot area site from June 2 to October 30, 1993, to relocate to the south half of the parking lot east of City Hall if construction begins on the Depot project during that time. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST FROM ISU STUDENT ALUMNI ASSOCIATION: Motion by Hoffman, Second by Hertz, to approve request from ISU Student Alumni Association for fireworks permit for October 2 21, 1993 for Homecoming '93 Pep Rally/Bonfire. Vote on Motion: 5-0. Motion declared carried unanimously. REQUEST TO VACATE MANNING AVENUE: Mayor Pro Tem Parks noted this item had been pulled by tonight's agenda by Staff. Coun. Brown arrived at 7:10 p.m. HEARING ON POSSIBLE ROUTES FOR PROPOSED AMES - IOWA ELECTRIC 161 kV TRANSMISSION LINE: Mayor Pro Tem Parks declared the hearing open. Electric Department Director Merlin Hove presented background on this project for a planned route for Phase II of the Iowa Electric tie line. He said after receiving public input at the May 4, 1993 informational meeting, Staff had modified the methods of evaluating four proposed routes and adjusted the point counts slightly. He said it was important to remember this was a project for planning purposes, not a project for siting power lines. He said it was likely the line would not be built for 10 years. Mr. Hove said the primary purpose for the tie line was to provide a system of alternate feed to provide reliable service to the community, with economic transactions a secondary purpose. He said the City Council has the jurisdiction for routing within the City limits; outside the City limits, the Iowa Utilities Board has jurisdiction. Mr. Hove discussed the four proposed routes, noting Staff's recommendation of Route #2 (north on R-50, to Bloomington, then following west of the Chicago/Northwestern railroad tracks to connect with Iowa Electric's 115 kV line) had also been endorsed by EURAB. He said a straw poll taken at the May 4 informational meeting indicated Route #2 was the least objectionable route. City Manager Steve Schainker noted Route #2 was not proposed to be on the railroad right of way, but on private property. He said it was not the lowest cost alternative, but the one that had the least impact on the area in terms of single family homes. Noel Cressie, 2727 Valley View Road, said this project should include environmental impact studies. He said there were health costs involved in the project as well as costs of labor and materials. He said Council should look further into the subject of possible health hazards resulting from electromagnetic fields produced by high voltage lines. He discussed recent research on the issue, and said they should make sure these lines avoid concentrations of population. Coun. Hoffman noted this was a long-range future plan, and said she felt an environmental impact study might be more effective in seven or eight years when more is known about the subject of electromagnetic fields. Katherine Fromm, R.R. 1, said Route #1 would severely impact the environment. She said the residents were placed in limbo because of a developer's profit motive. She said there should be a statewide point system used to evaluate the routes. She said similar controversies were involved in recent litigation in Minnesota, and suggested the decision of that State should be followed in this 3 instance. Ms. Fromm said it would be appropriate to use the present road going north, rather than complying with the developer's wishes for a more winding road through his development. Robert Borgmeyer, R.R. 1, noted he had submitted written testimony on this issue. He said although Route #3 was the shortest and least costly of all the routes, affecting fewer existing homes than Route #1, it had been downgraded in the evaluation process by using intangible points from houses that presently exist only in the developer's plans. He questioned whether that was serving the best interests of the residents. He said existing roads should be used rather than considering the north- south arterial the developer desired. Jerry Oliver, Civil Engineering Consultants, 2400 86th St., Des Moines, said he was present on behalf of Knapp Properties, the developer of the Bloomington Heights Subdivision. He said Knapp Properties has entered into an agreement to purchase an additional 7500 acres of property immediately adjacent and to the west of Bloomington Heights, with Grant Road in the middle. He said after several meetings with City staff, it was learned that Grant Road had been suggested several years ago as a possible location for this power line. He said due to the amount of recent development in the area, the developer asked that the subject be revisited and that a study be conducted to objectively determine the logical best route of four alternatives. He said it was important to determine where these routes are going to be as far in advance as possible, so right of way can be reserved. He said the decision to relocate Grant Road was one of aesthetics and had nothing to do with the location of transmission lines. Mr. Oliver said the developer supported Route #2 as the preferred route, even though some of the lots backed up to the railroad right of way. He said in a few years, there would probably be an enhanced study that would review the route to see if it was still the most appropriate one. Al Joensen, Electric Utility Operations Review and Advisory Board (EUORAB), said that Board has met several times to deliberate this proposed route. He said one of their functions is to provide reliable electric service to the City of Ames, and long-term planning requires several connections to other companies in the State to allow purchase of economical power when it becomes available during the year. He stressed that this was a long-term planning project only and said the more formal review process could take place when the construction time is near. There being no one further wishing to testify, the hearing was declared closed. Motion by Campbell, Second by Brown, to approve the recommendation of Route 2 as a planned future route for the 161 kV transmission line between the City of Ames and Iowa Electric. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON 1993-94 PEBBLE LIME REQUIREMENTS FOR WATER DEPARTMENT: Mayor Pro Tem Parks declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 93-176 approving final plans and 4 specifications and awarding a contract to Linwood Mining & Minerals Corporation of Davenport, Iowa, in the amount of $66.75 per ton, for an estimated total cost of $186,900.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PITLESS TRUCK WEIGH SCALE FOR WATER AND ELECTRIC DEPARTMENTS: Mayor Pro Tem Parks declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. Motion by Brown, Second by Hoffman, to adopt RESOLUTION NO. 93-177 approving final plans and specifications and awarding a contract to Riekes of Iowa Company of Des Moines, Iowa in the amount of $36,982.00 for a 70-foot truck weigh scale, and authorizing the budget revisions totaling $9,500 which will be allocated to the Water Fund and Electric Fund. City Manager Steve Schainker noted this new scale will allow over-the-road truck traffic to be diverted out of residential areas. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SOUTH 16TH 69 kV TRANSMISSION LINE RELOCATION PROJECT: Mayor Pro Tem Parks declared the public hearing open. There being no one wishing to testify, the public hearing was declared closed. City Manager Steve Schainker noted Council had received an amended recommendation on this item. Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 93-178 awarding contract to Nelson Electric Power Services, Inc. in the amount of $86,514.19 for the South 16th 69 kV Transmission Line Relocation Project, and authorizing the Mayor to sign the contract subject to receiving the performance bond for the project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED CONVEYANCE OF LAND TO D.O.T.: Mayor Pro Tem Parks declared the hearing open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Brown, to adopt RESOLUTION NO. 93-179, authorizing sale and conveyance by quit claim deed of lift station parcel of land, (US #30/Dayton Road project), to D.O.T. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PROPOSED REVISIONS TO AMES OFFICIAL FLOOD PLAIN ZONING MAP: Mayor Pro Tem Parks declared the public hearing open. 5 Public Works Director Paul Wiegand reviewed how in 1985, a series of drainage basins were constructed in conjunction with airport expansion projects, but the flood regulations adopted in 1981 had remained unchanged. He said it was felt that some of the areas currently developed into residential units were in the floodway due to mapping errors. He said property owners in the designated floodway face considerable problems when they try to make changes or improvements to their homes, and property sales were also complicated by insurance requirements. He said last fall Council had authorized the completion of a study to update the floodway and floodplain maps in the Teagarden Area to reflect the detention basin improvements, and that work was now completed. He said only two properties were disadvantaged by the revisions, others would remain the same or would benefit by them. He said the process did allow for slight corrections if comparisons of ground elevations were certified by a licensed land surveyor, and the Council may want to make a decision regarding who would bear the responsibility for resurveying. Wayne Hauber, 3337 Southdale Drive, said he was in favor of this map revision. He said some of the pipes in the stream leading to one of the drainage ditches seemed to be silted up and said it should be taken care of. Gilbert Smith, 701 Ken Maril Road, said he too was in favor of this project. He agreed that the ditches need to be redredged. He said there was much debris in the stream and it was not getting rid of water fast enough. Frank Schill, 3104 Diamond, said he owned property at 301 Jewel. He expressed concerns about the regulation that property within the floodway could not be rebuilt if more than 50% of it was destroyed. He said he felt the ordinance was a good one, but he did have some questions. He said he never knew that property was in the floodway. He said he's owned the property for 22 years, and it has never flooded. Mr. Wiegand suggested this property be resurveyed and the elevations certified. Joe Rua, 302 Opal Circle, asked how his property would be affected. He said he has not had water in his basement, although properties in lower elevations to the south of him have had. He said the ditch to the north and west of Jewel Drive and Opal Circle needed to be cleaned out. Mayor Pro Tem Parks said it appeared there were some maintenance issues that Council might ask staff to address at another time. He noted however, that the focus of this hearing was the floodway analysis. Gary Rieger, 304 Jewel, spoke in favor of the changes. He said residents in the area have had no problems with water in their basements in the past several years. Wayne Hauber, 3337 Southdale Drive, said he mentioned the obstructed pipe previously because if it is obstructed, much of the flow goes underground and therefore, the size of the floodway is increased. Lowell Richardson, 3504 Emerald Drive, said he was in favor of this ordinance. He said he has noticed a significant reduction in the flooding effects since the improvements were constructed. 6 Motion by Brown, Second by Hoffman, to pass on first reading an ordinance amending the Official Flood Plain Zoning Map and Municipal Code for the purpose of enacting a revision of flood plain delineations pertaining to the Teagarden Area Watershed. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE REGARDING MECHANICAL BOARD OF APPEALS TERMS OF OFFICE: Motion by Brown, Second by Hoffman, to pass on first reading an ordinance amending the Municipal Code to establish a term of office for the members of the Mechanical Board of Appeals. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING LAND GENERALLY LOCATED NORTH OF SOUTH 16TH STREET AND EAST OF THE FORMER CHICAGO/NORTHWESTERN RAILROAD RIGHT OF WAY: Motion by Hoffman, Second by Brown, to pass on second 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. Roll Call Vote: 6-0. Motion declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REGULATING IRRIGATION APPARATUS IN STREET PARKING: Motion by Brown, Second by Hoffman, to amend the ordinance regulating irrigation apparatus in street parking to allow protection from liability to cable TV and other utilities in the right of way. Vote on Motion: 6-0. Motion to amend declared carried unanimously. Motion by Campbell, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3225 as amended, amending the Municipal Code by adding a new section to regulate irrigation apparatus in the street parking. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DATE FOR WORKSESSION ON AFFORDABLE HOUSING: Motion by Campbell, Second by Wirth, to set 5:30 p.m. on May 25, 1993 as the date of a special City Council meeting for the purposes of conducting a worksession on affordable housing. Vote on Motion: 6-0. Motion declared carried unanimously. DESIGN SERVICES FOR CAMPUSTOWN IMPROVEMENT PROJECT: City Manager Steve Schainker reviewed how Council had budgeted approximately $900,000 to make the Campustown improvements proposed by urban design expert Michael Freedman. He said while most of the streetscape plans will be covered by Public Works staff, construction documents for the clock tower will not be. He said the decision for Council was whether they wanted Staff to negotiate an agreement with Michael Freedman's firm for that project or issue a Request for Proposals for design services from a number of consulting firms as well as Freedman, Tung, and Bottomly (FTB). 7 Mr. Schainker said FTB recently submitted a "scaled down" proposal, and has come up with a project that would equal approximately $23,000. He said he found this number more in line with a reasonable range for this type of fee. He noted he was only asking for direction from the Council this evening, not approval of a scope of services. There was discussion about the design development phase of a project, and it was noted that input into that phase would likely be lost with this scaled down proposal. There was discussion about how much time might be added to the process if an RFP process were used. There was discussion about the advantages of the RFP process. Coun. Parks noted that the bulk of the entire project would go for competitive bid, and that this proposal was for the design concept only. Coun. Hertz suggested that FTB might be given construction parameters at the outset, so that as much direction were given upfront as possible. Motion by Campbell, Second by Brown, to direct staff to negotiate with Michael Freedman's firm of Freedman, Tung, and Bottomly for design services for the clock tower project. Vote on Motion: 6-0. Motion declared carried unanimously. OFF-SITE IMPROVEMENTS ASSOCIATED WITH LOT 1, SECOND ADDITION TO SOUTHWOOD SUBDIVISION (K-MART): Mayor Pro Tem Parks noted this item had been pulled from the agenda by Staff. City Manager Steve Schainker said it may be necessary to schedule a special Council meeting to consider this item. MULTI-WAY STOP CONTROLS AT STANGE ROAD/24TH STREET INTERSECTION: Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 93-180 approving placement of multi-way stop controls at Stange Road/24th Street intersection. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PARKING RESTRICTIONS ON INDIAN GRASS COURT: Coun. Campbell noted she'd received a letter indicating that although the residents of Indian Grass Court agreed the street was not wide enough to have parking on both sides, there apparently was no consensus as far as which side of the street should be restricted. Traffic Engineer Scott Logan said in the past, Staff has recommended restricting parking on the side of the median. He said he'd contacted the resident who wrote the letter and suggested they try that proposal first. Motion by Campbell, Second by Wirth, that the issue be tabled until a meeting could be be held with the residents to discuss this issue. Vote on Motion: 6-0. Motion declared carried unanimously. PARKING RESTRICTIONS ON HAYWARD AVENUE: Motion by Brown, Second by Wirth, to direct the City Attorney to prepare an ordinance designating parking restrictions on Hayward Avenue. 8 Coun. Campbell noted this item also brought a letter of concern in that residents on Hayward have not been used to 2 a.m. to 6 a.m. parking restrictions, and asked that this issue be revisited in the future. Coun. Hertz said she didn't think that was an unreasonable request. Vote on Motion: 6-0. Motion declared carried unanimously. AIRPORT LAND LEASES: Motion by Brown, Second by Campbell, to adopt RESOLUTION NO. 93-182 approving airport land leases with Northstar Aviation, Inc. and with Midwest Aircraft Corporation. Public Works Director Paul Wiegand said in addition to a request for land expansion, North Star Aviation is requesting to provide full services for airport users, excluding fuel sales but including aircraft sales, insurance, and charter services. He noted the fixed base operator has expressed concern that approval of these leases would further complicate his ability to do business at the airport. He said because the City receives federal aid for the airport, they have to provide for open competition there unless there are specific reasons, i.e., safety concerns, to restrict that activity. Tom Cahill, RR 1, Nevada spoke on behalf of Hap Westbrook, the fixed base operator. He disagreed that the issue was as cut and dried as Staff was presenting it to be. He said FAA regulations say the providing of services at an airport by a single fixed base operator shall not be construed as an exclusive right if it would be unreasonably costly, burdensome, or impractical for more than one FBO to provide such services. He said the services that would be provided by Northstar Aviation and Midwest Aircraft would constitute another FBO and would create an economic burden on Mr. Westbrook. He said bringing someone new in would reduce the services that are there. Coun. Brown said it was a free enterprise system, and he hadn't convinced her of the fact that competition would reduce the services that are there. There was discussion regarding a free enterprise system vs. a controlled economic environment. Mr. Cahill said if the City was going to enter into a lease with new operators to provide the same services that Mr. Westbrook does, the same lease should be used for the new operators. He said it was not economically fair for the City Council to allow only selected things for competition. He said that was economic discrimination within a closed business market. City Attorney John Klaus said while the City cannot make arrangements to protect the current FBO economically, it can adopt service standards in the public interest. He said Staff has looked at the standards involved in the proposed transactions and feels they are adequate. He said further, Staff sees competition to be perhaps good for the public and not destructive of Mr. Westbrook's operation. Mr. Klaus said he disagreed that FAA regulations required the new operators to provide the same services as Mr. Westbrook. He said there was no comparison between what the City has leased to Mr. Westbrook and what the City is proposing to lease under these transactions. He said they were totally different transactions. Roll Call Vote: 5-1. Voting aye: Brown, Campbell, Hoffman, Parks, and Wirth. Voting Nay: Hertz. Resolution declared carried 5-1, signed by the Mayor, and hereby made a portion of these 9 minutes. COMMENTS: Coun. Brown requested that the April 30, 1993 letter from James Cossitt regarding the City's Bicycle Route Master Plan be referred to the Bicycle Committee. Coun. Hoffman asked when the issue regarding the Main Street bus stop would be resolved. City Manager Steve Schainker said Staff was hoping to work out a compromise and have it on an upcoming Council agenda. He said the stop would remain at the Depot until the issue was resolved. Coun. Parks thanked Daily Tribune reporter MaryBeth Foster for her years covering the City and wished her well in her studies at the University of Kansas. Coun. Parks said he'd received concerns regarding newspaper vending machines, specifically the one at the corner of Lynn and Lincoln Way. He said he felt if any vending operations were going to be located in the public right of way, the approval of any adjacent business should be obtained. He said he also felt a maintenance agreement should be required. City Attorney Klaus said there was a Constitutional difference between regulations for newspaper vending machines and those of other vending machines. He said a recent Supreme Court case dealt with this issue, and said he would provide Council with a report. Coun. Parks asked staff to investigate the possibility of an ordinance prohibiting handbills on lightpoles, and suggested they look into how other communities deal with this problem. Coun. Hertz said she has continued to receive concerns about lighting issues, and noted the areas of Campustown, Elwood, and South Duff all will need to address such issues as light pollution, whether efficient vs. "decorative" lighting, and relative costs involved. She suggested it might be useful to consolidate those issues and have a report from Staff on the lighting concepts before specifications for the various projects are approved. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. ___________________________ _________________________________ Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 10