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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 01/12/1993MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JANUARY 12, 1993 The Ames City Council met in regular session at 7:00 p.m., January 12, 1993 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, Hertz, Hoffman, Parks, and Wirth. Council Member Brown arrived late. VISITORS' CARDS: Mayor Curtis described a new procedure available for individuals wishing to address Council during Council meetings. He explained that Visitors cards containing the speaker's name, address, and topic to be discussed could now be filled out and given to the City Clerk at any time during the meeting, and the Clerk would in turn hand them to the Chair who would call individuals to the podium at the appropriate time on the agenda. He said the purpose of the cards was to facilitate the meeting process by alerting the Chair that individuals wanted to participate and add to the written record of the meeting. He said while they would appreciate visitors submitting cards, it was not mandatory and everyone would still be given an opportunity to address Council at the appropriate time. CONSENT AGENDA: Motion by Campbell, Second by Parks, to approve the following items on the Consent Agenda: Motion to approve minutes of the regular meeting of December 22, 1992 and of the special meeting of January 7, 1993. Motion to approve payment of claims. Motion to approve renewal of the following beer and liquor licenses: a. Special Class C Liquor - House of Chen, Inc., 2508 Ferndale. b. Class B Liquor - University Inn, 316 South Duff. c. Class B Beer - B.T. Laundry, 4010 Lincolnway. RESOLUTION NO. 93-1 approving and adopting supplement No. 10 to the Ames Municipal Code. RESOLUTION NO. 93-2 approving preliminary plans and specifications for the Water Meter Testing Laboratory project; setting February 16, 1993 as the bid due date, and February 23, 1993 as the date of hearing and award of contract. RESOLUTION NO. 93-3 accepting bids and awarding contract to Asplundh Tree Expert Co. in the amount of $43.10 per crew hour for the Public Works Winter Tree Trimming Program. RESOLUTION NO. 93-4 approving change order for ISU Tie Line Project. RESOLUTION NO. 93-5 accepting completion of contract to supply control switchboards for the ISU-69 KV Tie Line project by Keystone Electric Manufacturing Company. RESOLUTION NO. 93-6 accepting completion of contract for Load Management System - Phase I for the Electric Utility Department. RESOLUTION NO. 93-7 authorizing the Mayor to execute an acceptance of the reduced Letter of Credit for Prairie West Subdivision. RESOLUTION NO. 93-8 accepting completion of subdivision improvements in Country Gables, 5th Addition. RESOLUTION NO. 93-9 accepting completion of subdivision improvements in Sopers Subdivision. RESOLUTION NO. 93-10 accepting completion of subdivision improvements in Lot 2, Camelot Subdivision and Lot 4, Cross Road Subdivision. RESOLUTION NO. 93-11 accepting completion of subdivision improvements in Spring Valley Subdivision, 9th Addition. RESOLUTION NO. 93-12 accepting completion of subdivision improvements in StoneBrooke Subdivision, 3rd Addition. RESOLUTION NO. 93-13 accepting completion of subdivision improvements in Lot 10, Coopers 2nd Subdivision. RESOLUTION NO. 93-14 accepting completion of subdivision improvements in Patio Homes West, 4th Addition. RESOLUTION NO. 93-15 accepting completion of subdivision improvements in Lot 6, Southern Hills Industrial Park. RESOLUTION NO. 93-16 accepting completion of subdivision improvements in Lot 4, Block 36, Second Addition to Ames. RESOLUTION NO. 93-17 accepting completion of subdivision improvements in Westwood Village, Lot 5. RESOLUTION NO. 93-18 accepting completion of subdivision improvements in Lot 1, Ames Community Industrial Park Subdivision. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Council Member Brown arrived at 7:05 p.m. PUBLIC FORUM: Sam Pritchard, 912 Kellogg, said he felt that the City had a great deal of responsibility in what he said was a "hospital/medical crisis" created by the State Health Facilities Council's recent approval of the Certificate of Need application for the Hospital's proposed expansion project. He said the Council should come forward for the people of Ames and state that they either approve or disapprove of the use of hospital revenue bonds to finance parking for private medical providers. He said a discussion on this issue should be scheduled on a Council agenda in the near future. Batista Simpson, 912 Kellogg, said she was present to publicly volunteer her services for the proposed Hospital/Clinic integration steering committee. She said she had previously been told by the Hospital President that her involvement would be welcome. She said it was time to involve private citizens in the input of planning, and suggested the presidents of Historic Old Town and North Old Town be included on the committee as well. Robert Weidner, 903 Kellogg, said there were discrepancies between the information Mary Greeley provided in the application for the Certificate of Need and information contained in the Facilities Master Plan, the Strategic Plan, and the Land Use and Development agreement between the Hospital and the City. He said these discrepancies had not been adequately addressed as yet. 2 ORDINANCE AMENDING MUNICIPAL CODE TO ADOPT U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT HOUSING QUALITY STANDARDS REGARDING SMOKE DETECTORS: Motion by Parks, Second by Hoffman, to pass on first reading an Ordinance Amending the Municipal Code For the Purpose of Bringing the Section into Conformance with H.U.D.'s Housing Quality Standards Regarding Smoke Detectors. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING MUNICIPAL CODE TO REVISE PROVISIONS FOR REGULAR CITY COUNCIL MEETINGS: Motion by Wirth, Second by Hoffman, to pass on first reading An Ordinance to Amend the Municipal Code to Revise Provisions for Regular Meetings of the City Council and Setting an Effective Date. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Hoffman, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Motion by Parks, Second by Campbell, to pass on second and third reading and adopt ORDINANCE NO. 3211, An Ordinance to Amend the Municipal Code to Revise Provisions for Regular Meetings of the City Council and Setting an Effective Date. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PROVIDING VOCATIONAL REHABILITATION PROVISION TO UTILITY RETIREMENT ORDINANCE: Motion by Parks, Second by Hoffman, to pass on second reading an Ordinance Amending the Municipal Code to Provide Program of Rehabilitation for Persons on Disability Under the Utility Retirement System. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE CREATING ADDITIONAL EXCEPTIONS, UNDERAGED PERSONS ON LICENSED PREMISES: Motion by Campbell, Second by Hertz, to pass on second reading an Ordinance Amending the Municipal Code for the Purpose of Allowing Separate Restaurant and Bar Hours for Licensed Liquor Establishments. Roll Call Vote: 4-2. Voting Aye: Campbell, Hertz, Hoffman, Wirth. Voting Nay: Brown, Parks. Motion declared carried 4-2. ORDINANCE REZONING CITY-OWNED LAND LOCATED NORTH AND EAST OF MUNICIPAL WATER AND ELECTRIC PLANTS: Motion by Parks, Second by Hertz, to pass on third reading and adopt ORDINANCE NO. 3212, 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. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 3 HEARING ON PROPOSED REZONING OF LAND SOUTH OF COLLEGE CREEK AND WEST OF SOUTH DAKOTA: City Attorney John Klaus provided background information on this proposed rezone, explaining that two tracts of land were being proposed for voluntary annexation at approximately the same time. He said both tracts could not be annexed without creating an island of unannexed land out of a third parcel, and under Iowa law, any annexation that creates such an island is void. Therefore, he said, only one of the two parcels could be validly annexed. He said it was being contested as to which party applied for annexation first, and that petition for a writ of mandamus had been filed in District Court to command the City to deny the application before Council this evening. Motion by Brown, Second by Campbell, to hold the public hearing on the proposed rezone. All Council Members present voting aye, the motion was declared carried unanimously. The public hearing was declared open. Dean Hunziker, 803 24th, spoke in favor of the rezoning. He said his father, who was also a member of Hunziker Development Corporation, bought the land on contract and the deed was from Ev Cochrane to Hunziker Development Corporation. Everett Cochrane, 207 Stanton Avenue, spoke against the rezoning, and said he had been told by City staff that he could not apply for annexation without a deed as proof of ownership. He said Hunziker Development Corporation did not have proof of ownership of the property at the time they filed the petition for annexation. He said his was the first complete application to be filed with the City. Mr. Hunziker said Mr. Cochrane and he had discussed the alternative of having one property owner sell a portion of his land to create a connection with County land, thereby creating a "peninsula" as opposed to an "island," then amend his application to apply for a lesser annexation. There being no one present wishing to testify further, the public hearing was declared closed. Director of Planning and Housing Brian O'Connell said the intent behind the new State law was to give municipalities the ability to annex land in an orderly fashion. He discussed several problems that might occur when trying to provide City services to irregularly annexed areas, and said the same problems would occur whether an "island" or a "peninsula" were created. Motion by Parks, Second by Campbell, to approve RESOLUTION NO. 93-19, approving annexation of land generally located South of College Creek and West of South Dakota Avenue. Council Member Parks said he was willing to consider any reasonable alternative that would allow them to annex the Cochrane parcel. Council Member Campbell agreed and said the "island" property lay contiguous to the Cochrane property, rather than to that of Hunziker Development Corporation. She said therefore, it didn't make sense to hold up the Hunziker application. 4 City Manager Schainker noted Staff would need to study the ramifications of setting a precedent in permitting the creation of a "peninsula." Question called on the motion. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING ZONING MAP TO REZONE LAND GENERALLY LOCATED SOUTH OF COLLEGE CREEK AND WEST OF SOUTH DAKOTA. Motion by Wirth, Second by Parks, to approve on first reading an Ordinance Amending the Official Zoning Map of the City of Ames, Iowa to Rezone Property Generally Located South of College Creek and West of South Dakota from an A-1 (Agricultural, Story County) Zoning District to an R1-6 (Low-Density Residential, City of Ames) Zoning District. Roll Call Vote: 6-0. The motion was declared carried unanimously. HEARING ON PROPOSED ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS NOT TO EXCEED $7,700,000. The public hearing was declared open. There being no one present wishing to testify, the public hearing was declared closed. Motion by Wirth, Second by Campbell, to adopt RESOLUTION NO. 93-20 taking additional action to issue not to exceed $7,700,000 General Obligation Refunding Bonds. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTRACT FOR AUTOMATED MAPPING FACILITIES MANAGEMENT SYSTEM: Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 93-21 approving contract with Cook-Hurlbert, Inc. for automated Mapping/Facilities Management System at a cost not to exceed $82,400. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. APPLICATION TO CITY REVOLVING LOAN FUND: Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 93-22 approving City participation in loan application to City of Ames Revolving Loan Fund for $14,000 for Engineering Animation, Inc. with stipulations. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE RESTRICTING PARKING ON HOOVER STREET: Motion by Campbell, Second by Parks to direct the City Attorney to prepare an ordinance restricting parking on Hoover Street. Cliff Hoovig, 2507 Hoover, said he'd lived on Hoover Street for 21 years, and didn't feel the restriction was necessary. He said he feared the restriction might reduce property values in the area. Council Member Parks noted there would be a public hearing on the issue on January 26 when the 5 ordinance would be scheduled for first reading. Question called on the motion. All Council Members present voting aye, the motion was declared carried unanimously. REQUEST FOR SUBORDINATION OF CITY MORTGAGE TO PROPOSED NEW FINANCING. Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 93-23 approving request from Children's Services of Central Iowa for subordination of City mortgage to proposed new financing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: When Council Member Hoffman asked that rental property owners be notified of the ordinance amending the Code regarding smoke detectors, City Manager Schainker said notification could be provided by regular mail. Council Member Hoffman said it was her understanding that the Hospital/Clinic Integration steering committee was being formed by McFarland Clinic, not by the City. Mayor Curtis said that was correct. Motion by Campbell, Second by Parks, to set 2:00 p.m. as the starting time for the Friday, February 5 budget overview meeting. All Council Members present voting aye, the motion carried unanimously. Mayor Curtis noted he'd written a memo to Council Members reviewing a phone call he had received from Dr. Dale Anderson regarding the Hospital/Clinic Integration Steering Committee. He said he had provided Dr. Anderson with the names of Council Members Campbell and Hoffman, but only as a recommendation, not as an official appointment. He said the committee was not City- organized. ADJOURNMENT: The meeting was adjourned at 7:56 p.m. _______________________________ __________________________________ Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor 6