HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/08/1992MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 8, 1992
The Ames City Council met in regular session at 7:00 p.m., December 8, 1992 in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the
following Council Members present: Campbell, Wirth, Hoffman, and Parks. Council Members
Brown and Hertz arrived late.
AMENDMENT TO AGENDA: Mayor Curtis noted Item #37 had been hand- delivered to Council
this evening, for consideration on the Consent Agenda.
CONSENT AGENDA: Motion by Hoffman, Seconded by Parks, to approve the following items
on the Consent Agenda:
1. Motion to approve minutes of the special meeting of November 17 and of
the regular meeting of November 24, 1992.
2. Motion to approve payment of claims.
3. Motion to approve renewal of the following beer and liquor licenses:
a. Class B Beer - Pizza Pit, 207 1/2 Welch Avenue.
b. Class C Liquor - Aunt Maude's, 543 - 547 Main Street.
c. Class C Liquor - O'Malley & McGee's Mexican Cafe, 716 South Duff
Avenue.
4. Motion to approve holiday appreciation gifts for kiosk volunteers.
5. RESOLUTION NO. 92-415 approving appointment of William Bossenberger
to the Interim Building Code Board of Appeals.
6. RESOLUTION NO. 92-416 approving appointment of Charles Jons to the
Library Board of Trustees.
7. RESOLUTION NO. 92-417 approving request to release and abandon
parking easement located at 2408 Chamberlain Street.
8. RESOLUTION NO. 92-418 approving final plat for H&B Subdivision.
9. RESOLUTION NO. 92-419 approving final plat for Big Bluestem
Subdivision.
10. RESOLUTION NO. 92-420 approving final plat for Country Gables, Fifth
Addition.
11. RESOLUTION NO. 92-421 approving Non-Domestic Waste Pre-Treatment
Program allocation of actual expenses for FY 1991/92.
12. RESOLUTION NO. 92-422 approving addition of Norwest Bank to the
approved list of City Depositories with a limit of $22,000,000.
13. RESOLUTION NO. 92-423 approving preliminary plans and specifications
for the Electric Distribution Work Center - Office Remodeling project;
setting January 18, 1993 as the bid due date, and January 26, 1993 as
date of hearing and award of contract.
14. RESOLUTION NO. 92-424 accepting completion of east Lincolnway Ditch
Enclosure Project.
15. RESOLUTION NO. 92-425 amending the engineering agreement for the
U.S. #69 project.
16. RESOLUTION NO. 92-426 approving change order to Water Meter Lab
architectural agreement.
37. Motion to refer annexation request for property West of North Dakota
and South of Clear Creek to the Planning and Zoning Commission.
Roll Call Vote: 4-0. 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 meeting.
PERMITS, PETITIONS, AND COMMUNICATIONS: Vicki Eide introduced members of the
"Friends of the Ames Animal Shelter" steering committee and said they wished to present a proposal
to Council for improvement to the Ames Animal Shelter. She outlined three options regarding the
facility: 1) tearing down the existing structure and rebuilding a new shelter on the site, 2) erecting
a new building on another site, and 3) renovating the former Water Pollution Control Plant to serve
as a new shelter. She said whereas the group had originally felt option #3 was the most practical,
they had recently communicated with the developer of the new Dubuque Animal Shelter and learned
a pre-engineered building of 4200 square feet could be constructed for approximately $210,000. She
said that estimate included site development and excavation costs as well as costs for sidewalks,
driveways, and a parking lot. Therefore, she said, the group now feels a new facility on a new
location is the most expedient and economical solution.
Ms. Eide cited several reasons why the group feels the current site is undesirable, and said there are
several possibilities for a new site on City-owned property. She said they recommended that those
possibilities be explored and that one of the sites be utilized.
Council Member Brown arrived at 7:06 p.m.
Ms. Eide said the group's proposal included three requests of Council: (1) that $161,000 of City
funds be officially budgeted for the purpose of construction of a pre-engineered building (2) that
Council explore available City-owned properties and seek City Manager Schainker's advice for the
best prospective new site (3) that Council accept the group's offer to raise up to $49,000 to provide
the funds needed to complete the project.
Council Member Hertz arrived at 7:08 p.m.
Council Member Brown said she would like to see the proposal include the basic operating costs and
whether the group was proposing any new services along with the expansion. Lorna Lavender,
Supervisor of the Ames Shelter, said they were currently thinking in terms of program correction
rather than expansion.
Judy Conlin, Executive Director, Animal Rescue League of Iowa, addressed the viability of the
group's fundraising drive. She estimated it might take 4-6 months to reach the $49,000 amount.
Mayor Curtis said since budget decisions would not be made until the budget hearings in February,
this was not an appropriate decision for Council to make at this time. Council Member Parks
concurred and said it was important to look at each request in conjunction with the overall budget
for the City.
Cynthia Shriver, Chairperson of the Ames Humane League, said the League would be comfortable
with the proposed fundraising drive, but would like to have firmer data on costs of the project.
Council Member Hertz noted that a number of Ames citizens were in attendance and said she
appreciated their efforts to show support for the Shelter.
Moved by Parks, Seconded by Campbell, that Council direct Staff to prepare an appropriate request
for this item during the upcoming budget process.
Council Member Brown asked that the motion be amended to include providing Council with a
report on the firm operating costs of the proposed expansion, whether an employee increase would
be required, whether there would be expansion of services, and how the extra square footage would
be used. There was consensus that the motion be so amended.
Question called on the motion as amended. All Councilors present voting aye, the motion carried
unanimously.
ORDINANCE DESIGNATING MUNICIPAL BUILDING (PUBLIC SAFETY BUILDING)
AS HISTORIC LANDMARK: Moved by Brown, Seconded by Wirth, to pass on second reading
an Ordinance Designating Property at 420 Kellogg Avenue (Public Safety Building/1915 City Hall)
as an Historic Landmark.
Roll Call Vote: 5-1. Voting aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting nay:
Parks. Motion declared carried.
Moved by Brown, Seconded by Wirth, to suspend the rules required for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Brown, Seconded by Wirth, to pass on third reading and adopt ORDINANCE NO. 3207,
Designating Property at 420 Kellogg Avenue (Public Safety Building/1915 City Hall) as an Historic
Landmark.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING CODE TO PERMIT PARKING OF ONE CAR IN FRONT
YARD UNDER LIMITED CIRCUMSTANCES: Moved by Campbell, Seconded by Wirth, to
pass on second reading an Ordinance Amending Section 29.43 (3) of the Municipal Code to Permit
Parking of One Car in the Front Yard Under Limited Circumstances.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Parks, Seconded by Wirth, to suspend the rules required for the adoption of an ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, Seconded by Wirth, to pass on third reading and adopt ORDINANCE NO.
3208, An Ordinance Amending Section 29.43 (3) of the Municipal Code to Permit the Parking of
One Car in the Front Yard Under Limited Circumstances.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING CODE TO ADOPT NON-DOMESTIC WASTE
PRETREATMENT PROGRAM REGULATIONS: Moved by Hertz, Seconded by Hoffman, to
pass on second reading an Ordinance Amending the Municipal Code to Adopt Non-Domestic Waste
Pretreatment Program Regulations.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, Seconded by Wirth, to suspend the rules required for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Campbell, Seconded by Wirth, to pass on third reading and adopt ORDINANCE NO.
3209, an Ordinance Amending the Municipal Code to Adopt Non-Domestic Waste Pretreatment
Program Regulations.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING CONNECTION FEES FOR PROPERTIES THAT
DEFAULT ON SPECIAL ASSESSMENTS: Moved by Hoffman, Seconded by Parks, to pass on
third reading and adopt ORDINANCE NO. 3204, An Ordinance Establishing Connection Fees for
Properties That Default on Special Assessments.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE CHANGING LICENSING BOND REQUIREMENTS FOR ELECTRICIANS
AND PLUMBERS: Moved by Hoffman, Seconded by Parks, to pass on third reading and adopt
ORDINANCE NO. 3203, an Ordinance Changing Licensing Bond Requirements for Electricians
and Plumbers.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE VACATING A PORTION OF EAST 5th STREET AND CRAWFORD
AVENUE: Moved by Parks, Seconded by Hoffman, to pass on third reading and adopt
ORDINANCE NO. 3205, an Ordinance Vacating a Portion of East 5th Street and Crawford Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING SECTION 29.20 OF THE MUNICIPAL CODE REGARDING
MOBILE HOME PARKS (TABLED FROM 11/24/92 MEETING:) Moved by Parks, Seconded
by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3206, an Ordinance Amending
Section 29.20 of the Municipal Code Regarding Mobile Home Parks.
Roll Call Vote: 4-2. Voting aye: Brown, Hoffman, Parks, Hertz. Voting nay: Campbell, Wirth.
Motion declared carried 4-2.
HEARING ON PROPOSED CONVEYANCE OF LOTS 42 and 47, SOUTHDALE THIRD
ADDITION, TO MIDLAND HOMES, INC.: Mayor Curtis declared the hearing open. There
being no one wishing to testify, the public hearing was declared closed.
Moved by Hertz, Seconded by Wirth, to adopt RESOLUTION NO. 92-427, approving sale and
conveyance of Lots 42 and 47, Southdale Third Addition, to Midland Homes, Inc.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON PROPOSED REZONING OF CITY-OWNED LAND LOCATED NORTH
AND EAST OF THE MUNICIPAL WATER AND ELECTRIC PLANTS (East of 5th Street):
Mayor Curtis declared the hearing open.
Mary Terpstra, 223 East 6th, spoke in favor of the rezoning. She said she felt this action reflected
the best usage of this area for the community, and thanked City staff for the team effort that had
gone into working on this unit.
There being no one further wishing to testify, the public hearing was declared closed.
Moved by Wirth, Seconded by Hoffman, to adopt RESOLUTION NO. 92-428, approving a Land
Use Policy Plan Map amendment for City-owned property generally located east of Duff Avenue
and west of Borne Avenue from C (Commercial) to P (Public Institutional).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Hoffman, Seconded by Parks, to pass on first reading an Ordinance Amending the Zoning
Map to Rezone City-Owned Land Located North and East of the Municipal Water and Electric
Plants from R-3 (Medium-Density Residential) to G-I (General Industrial) and from R-2 (Low
Density Residential) to G-I (General Industrial).
Roll Call Vote: 6-0. The motion was declared carried unanimously.
CONTRACT FOR ENGINEERING SERVICES FOR HIGH SERVICE PUMP STATION
ELECTRICAL RENOVATION: Moved by Hoffman, Seconded by Hertz, to approve
RESOLUTION NO. 92-429, approving contract for engineering services for high service pump
station electrical renovation.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
POWER OUTAGE: There was discussion about the power outage that occurred downtown today
at approximately 12:30 p.m. Electric Department Director Merlin Hove said the outage was caused
by failure of one of the high voltage feeders that serves the underground network.
ORDINANCE REGULATING PARKING ON DIAMOND STREET: Moved by Hoffman,
Seconded by Wirth, to pass on first reading an ordinance regulating parking on Diamond Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SOLID WASTE MANAGEMENT MASTER PLAN: Public Works Director Paul Wiegand noted
that Council had previously accepted the report of R.W. Beck and Associates regarding how the City
and its affiliated agencies within Story County should approach the management of solid waste. He
said since that time, City staff members have met with various groups in order to receive input on
the study's recommendations. He said the general feeling was that the consultants' recommendations
were workable and could be developed, but it became apparent during the public meetings that many
questions remain regarding recycling.
Mr. Wiegand reviewed the following three major components of the consultants' recommendations:
(1) An education program to encourage the reduction and re-use of solid waste, (2) Implementation
of a reinvestment in the waste-to-energy process, including improvements to the Resource Recovery
Plant, and (3) Incorporation of a program of recycling. He said because the recycling component
generated the most discussion, Staff felt they should study that component further prior to bringing
a recommendation to Council for implementation.
There was discussion regarding the regulated emissions produced from burning refuse versus those
produced from burning coal. Electric Department Director Merlin Hove said while refuse produces
slightly more ash than coal, garbage is lower in sulphur and about equal in particulate for the same
percentage of energy. He said Staff is confident that dioxins are not produced due to the high
temperature involved in the burning process.
There was discussion regarding the EPA's position and developments in recent court cases as to
whether the ash produced in waste-to-energy processes constituted a hazardous waste. Mr. Wiegand
said current research indicates that the metals are not accumulated to a dangerous level within the
ash.
Council Member Brown thanked Assistant City Manager Kindred and Public Works Director
Wiegand for working with the various groups over the past six weeks. She noted a student group
had submitted a proposal to involve business groups in recycling, and suggested the Chamber of
Commerce be contacted regarding this issue.
Assistant City Manager Bob Kindred said two primary goals of the education component would be
source reduction and facilitating private sector involvement in recycling in order to reduce public
costs. Council Member Wirth suggested they look to other communities as well to learn what kinds
of recycling programs have been successful elsewhere.
Al Joensen, 1717 24th, said the Electric Utility Operations Review and Advisory Board supported
the second and third resolutions before Council this evening, but felt the recycling issue had to be
carefully examined. He said the EPA was currently reconsidering its position regarding waste-to-
energy plants and in the future, State legislators may fully count the waste-to-energy process as a
credit to meeting waste reduction goals.
Dr. Joensen said regarding environmental concerns about emissions from the City's waste-to-energy
plant, the system here was held as a standard by anyone associated with co-firing. He said the
public's concerns about emissions during the waste-to-energy process were largely based upon
publicity associated with mass burn plants, especially older plants that were not designed correctly.
Mary Terpstra, 223 East 6th, said the environmental impact was of great concern in the
neighborhood and there would be much support of the improvements to the Atlas bin.
Motion by Parks, Seconded by Hoffman, to approve RESOLUTION NO. 92-430, approving the
three major components of the Solid Waste Management Master Plan.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Motion by Hoffman, Seconded by Parks, to approve RESOLUTION NO. 92-431, authorizing Staff
to begin implementation of an educational program for source reduction and reuse.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Motion by Hoffman, Seconded by Wirth, to approve RESOLUTION NO. 92-432, directing Staff
to include in the FY 93-94 budget program the initial phases of the electric utility and resource
recovery improvements.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Mayor Curtis noted Council had received a resolution from the ISU Graduate Student Senate
concerning a proposal for the recycling component.
Paul Panetta, ISU graduate student, reviewed the resolution from the Graduate Student Senate. He
said it was important for the University and the City to work together on a recycling-reduce-reuse
plan.
City Manager Schainker said it is and has been the City's policy to work with the University, and
noted they had been working with the ISU Physical Plant on this issue.
Moved by Brown, Seconded by Hoffman, to approve RESOLUTION NO. 92-433, directing Staff
to further study alternatives for a recycling component with recommendations due by March 1993.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AGREEMENT REGARDING MODIFICATIONS OF U.S. 30/DAYTON ROAD
INTERSECTION: Moved by Brown, Seconded by Wirth, to approve RESOLUTION NO. 92-434,
accepting preconstruction agreement between the Iowa Department of Transportation and City of
Ames for Modifications of the U.S. 30/Dayton Road intersection.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
APPROVAL OF R-5 PLAN FOR EXPANSION OF MEADOW LANE MOBILE HOME
PARK (Tabled from 11/24/92 meeting): Moved by Hoffman, Seconded by Parks, to approve
RESOLUTION NO. 92-435, approving an R-5 plan for an expansion of the Meadow Lane Mobile
Home Park located north of South Sixteenth Street and west of the existing Meadow Lane Mobile
Home Park.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Council Member Hoffman said the City Attorney had provided information from the State
Department of Public Safety regarding the process for inspection of tie-downs, and she felt it would
be well to have City staff look at ways in which a City inspection process might be established.
Motion by Hoffman, Seconded by Parks, to direct staff to provide information on how local
inspections for tie-downs might be accomplished.
Vote on Motion: 6-0. Motion declared carried unanimously.
REVISED CDP FOR SOUTHWOOD SUBDIVISION, 2ND ADDITION: Moved by Brown,
Seconded by Hoffman, to approve RESOLUTION NO. 92-436, approving a revised Conceptual
Development Plan for Southwood Subdivision, located west of South Duff Avenue and north of
South Sixteenth Street.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
AMENDMENT TO P-I PLAN FOR ETREMA BUILDING, ISU RESEARCH PARK, FIRST
ADDITION: Moved by Wirth, Seconded by Brown, to approve RESOLUTION NO. 92-437,
approving an amendment to the Planned Industrial (P-I) Plan for the Etrema Building at 2500 North
Loop Drive, Parcel "C", Lot 2, Iowa State University Research Park, First Addition.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PROJECT AGREEMENT WITH MIDLAND HOMES, INC. FOR PHASE II OF 1992-93
AFFORDABLE HOUSING PROGRAM: Moved by Brown, Seconded by Hoffman, to adopt
RESOLUTION NO. 92-438, approving the project agreement between the City of Ames and
Midland Homes, Inc. in connection with Phase II of the City's 1992-93 Affordable Housing
Program.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
There was discussion about the waiting list that resulted from the demand for houses during Phase
I of the program. Housing Coordinator Vanessa Baker-Latimer said due to that demand, all nine of
the houses in Phase II were already sold. Mayor Curtis said they hoped to receive federal grant
monies by August of 1993 to allow the program to continue to meet that demand.
FINANCIAL COMMITMENT AGREEMENT FOR PHASE II OF 1992-93 AFFORDABLE
HOUSING PROGRAM: Mayor Curtis noted that Story County Bank was a new participant in this
program, and said the City was very appreciative of their participation.
Moved by Hertz, Seconded by Brown, to adopt RESOLUTION NO. 92-439, approving the financial
commitment agreement between the City of Ames and Midland Savings Bank, Brenton Bank, First
National Bank, American State Bank, Story County Bank, and Firstar Bank in connection with
Phase II of the City's 1992-93 Affordable Housing Program along Ken Maril Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Council Member Brown left the meeting at 8:33 p.m.
AMENDMENT TO FINANCIAL COMMITMENT AGREEMENT IN CONNECTION WITH
CITY'S 1992-93 CDBG AFFORDABLE HOUSING PROGRAM: Ms. Baker-Latimer provided
an update on the program. She said of the ten homes available, five have purchase agreements in
place.
Council Member Brown returned at 8:37 p.m.
Moved by Hoffman, Seconded by Wirth, to approve RESOLUTION NO. 92-440, approving an
amendment to the financial commitment agreement between the City of Ames and Midland Savings
Bank, Brenton Bank, First National Bank, American State Bank, Story County Bank, and Firstar
Bank, in connection with the City's 1992-93 CDBG Affordable Housing Program.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS:
Council Member Campbell said she was absent at the last regular meeting, and would like Council
to reconsider a vote that was taken on first passage of an ordinance.
Motion by Campbell, Seconded by Hertz, to reconsider an Ordinance Creating Additional
Exceptions, Underaged Persons on Licensed Premises.
Voting aye: Campbell, Hertz, Hoffman, Wirth, Parks. Voting nay: Brown. Motion to reconsider
declared carried 5-1.
City Attorney Klaus said the reconsideration of this item would occur at the next regular meeting
of the Council (December 22, 1992.)
Council Member Campbell said she had received a request to have a representative from the City
present at the Hospital's Certificate of Need presentation on Thursday, December 10. She said there
were a number of questions concerning what the City would ask of the Hospital in terms of land-use,
sale of property, the parking ramp, etc.
Council Member Brown said she did not feel it was appropriate to have a Council member appear
at that meeting, and felt it was the Hospital's responsibility to prepare that information and present
it to the Board.
Council Member Parks said he felt this was an appropriate request since the City's requirements
pertaining to zoning and parking are involved.
Moved by Parks, Seconded by Campbell, to direct Mayor Curtis to attend the Certificate of Need
hearing on December 10.
There was discussion regarding the concern that the Mayor's attendance not be construed as an
endorsement or recommendation of approval for the proposed project, but rather a factual
explanation of what the Council has adopted as policy and the part it plays in the Hospital's proposed
expansion.
Question called on the motion. Council Members Campbell, Hertz, Hoffman, Parks, and Wirth
voted aye. Council Member Brown voted nay. Motion declared carried 5-1.
Council Member Hoffman said she would like to see a paint exchange program to deal with paint
as a hazardous waste included in next year's budget.
Motion by Hoffman, Seconded by Parks, to direct Staff to prepare a budgetary proposal for FY 93-
94 for a County-wide paint exchange.
All Councilors present voting aye, the motion was declared carried unanimously.
Mayor Curtis noted that Council Member Hertz's two-year term on the Ames Convention and
Visitors Bureau Board of Directors would expire on December 31. He requested that other Council
Members interested in participating on the Board let him know prior to the next regular meeting.
There was discussion regarding the recent National League of Cities conference in New Orleans.
ADJOURNMENT: The meeting was adjourned at 8:54 p.m.
__________________________ ____________________________
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor