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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 07/28/1992MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 28, 1992 The Ames City Council met in regular session at 7:00 p.m., July 28, 1992, in the Council Chambers in the City Hall, pursuant to law with Mayor Curtis presiding and the following Council Members present: Brown, Campbell, Hertz, and Wirth. Council Members Hoffman and Parks were absent. BEAUTIFICATION AWARDS: Mayor Curtis with the aid of Paul Wiegand, Public Works Director, and Don Keltner, Facilities Supervisor and member of the Ames Beautification Committee, presented Beautification Awards to Ruby Buck, Dallas and Pauline McGinnis, Joedy Colletti, Stevan and Ellen Holm, Donald and Sharon Wirth, Roger & Nancy Ezarski, Thomas and Clara McGee, Howard & Lee Shapiro, Larry Lortz, John and Dorothy McNee, Lewis and Cornella Vanderwilt, Robert and Donna Doran, Eric and Bethany Vaughn, Robert McConnell, James and LaDona Rowings, Denton and Paula Elliott, Harold and Ruth Nichols, and Lowell and Norma Elwick. CONSENT AGENDA: Moved by Campbell, seconded by Hertz, to approve the following items on the Consent Agenda. Motion to approve minutes of the regular meeting of July 14, 1992. Motion to approve payment of claims. Motion to approve renewal of the following beer and liquor licenses: (a) Class E Beer - QuikTrip Corporation, 203 Welch Avenue. (b) Class C Liquor - Sportman's Lounge, 123 Main Street. (c) Class C Liquor - Cafe Northwest, 114 South Duff Avenue. (d) Class C Beer - The Keg Shop, 115 Dotson Drive RESOLUTION NO. 92-276 accepting annual report for City of Ames Employee Benefit Trust. RESOLUTION NO. 92-277 approving release of real estate mortgages for properties located at 201 South Riverside and 220 Washington as part of City's housing rehabilitation program. RESOLUTION NO. 92-278 approving the 28-E Agreement between the City of Ames and the City of Boone and Boone County for Mutual Aid Police Service. RESOLUTION NO. 92-279 approving change order to Layne-Western contract for High Service Pump Improvements. RESOLUTION NO. 92-280 approving contract and bond from Scientific Atlanta for a Load Management System, subject to receipt of an approved bond and insurance certificate. RESOLUTION NO. 92-281 approving contract and bond from ACI Mechanical for the Bloomington Road Water Tower Control Valve. RESOLUTION NO. 92-282 accepting completion of Removal of Underground Fuel Storage Tanks at Airport by Johnson Concrete Construction Company. RESOLUTION NO. 92-283 accepting completion of Compressed Air System for Equipment Services by Preventative Maintenance, Inc. RESOLUTION NO. 92-284 accepting completion of street surface paving for Northridge Parkway Subdivision, 2nd and 3rd Additions and completion of sanitary sewer, water main, storm sewer and streetbase paving for Northridge Parkway Subdivision, 4th, 5th, 6th, 7th, and 8th Additions. 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. NEW BEER PERMITS: Moved by Hertz, seconded by Campbell, to approve applications for the following new beer permits: (a) Class C Beer - Rocky Rococo, 120 Welch Avenue (b) Class C Beer - EZ Mart, 3337 Lincoln Way Vote on Motion: 4-0. Motion declared carried unanimously. ORDINANCE REVISING THE "FEEDING THE METER" ORDINANCE: Moved by Campbell, seconded by Wirth, to pass on second reading an ordinance revising the "feeding the meter" ordinance, Section 18.29 of the Municipal Code, to allow vehicles to park in all metered stalls in Campustown and Downtown for up to four hours. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REVISING PARKING IN CAMPUS AREA: Moved by Wirth, seconded by Hertz, to pass on second reading an ordinance revising alternate side parking restrictions in the Campus area on Ash, Hughes, Lynn, and Stanton Avenues and Baker, Donald, Graeber, Knapp, and Storm Streets. Roll Call Vote: 4-0. Motion declared carried unanimously. ORDINANCE REZONING BROOKVIEW PLACE: Moved by Hertz, seconded by Brown, to pass on third reading and adopt ORDINANCE NO. 3184 rezoning Brookview Place, generally located north of Ontario Street, west of Kentucky Avenue, and south of the right-of-way for the Chicago and North Western Railroad, from A-1 (Agricultural, Story County) to R1-6 (Low- Density Residential, City of Ames). Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE RESTRICTING PARKING IN PATIO HOMES: Moved by Brown, seconded by Hertz, to pass on third reading and adopt ORDINANCE NO. 3185 designating parking restrictions on the south side of Kansas Drive, the west side of Kentucky Avenue, and the east side of Indiana Avenue. Roll Call Vote: 4-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMENDMENTS TO SECTION 29.20, MOBILE HOME PARKS: Mayor Curtis declared the hearing open. Mike Flummerfelt, 1316 South Duff, asked to have this hearing on amendments to the section of the City Code dealing with mobile home parks tabled until the second regular meeting in August. He would like a repeal of the storm shelter requirements for mobile home parks considered at the same time garages, decks, and awnings are discussed. The draft ordinance prepared by the City Attorney did not include that provision. Moved by Brown, seconded by Hertz, to table this hearing on amendments to the section of the city code dealing with mobile home parks. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Brown, seconded by Hertz, to direct the City Attorney to draft two versions of this ordinance, one deleting storm shelter requirements and one including them. Vote on Motion: 4-0. Motion declared carried unanimously. HEARING ON REZONING PROPERTY AT 2902 EAST 13TH STREET: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Wirth, seconded by Brown, to pass on first reading an ordinance rezoning the property located at 2902 East 13th Street, owned by Doolittle Oil Company, from C-1 to G-1. Roll Call Vote: 4-0. Motion declared carried unanimously. HEARING ON REZONING PROPERTY AT 2412 TIMBERLAND ROAD: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Hertz, seconded by Brown, to pass on first reading an ordinance rezoning the property located at 2412 Timberland Road, owned by Marvin and Nedra Harms, from R-1 to R1-10. Roll Call Vote: 4-0. Motion declared carried unanimously. HEARING ON PUBLIC PARKING LOT AT 209 WELCH AVENUE: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Brown, seconded by Hertz, to adopt RESOLUTION NO. 92-285 approving final plans and specifications for the Public Parking Lot at 209 Welch Avenue and awarding a contract to Manatt's, Inc. in the amount of $40,504.73 and to adopt RESOLUTION NO. 92-286 approving the contract and bond from Manatt's, Inc. for this project. Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON HIGH SERVICE PUMP IMPROVEMENTS: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Brown, seconded by Wirth, to adopt RESOLUTION NO. 92-287 approving final plans and specifications for the High Service Pump Improvements and awarding a contract to ACI Mechanical Corporation in the amount of $123,600.00. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ANN MUNN HERITAGE WOODS: Mayor Curtis declared the hearing open. Lisa Hein from the Iowa Natural Heritage Foundation reminded the public of the location of Ann Munn Heritage Woods within Ames and thanked everyone who contributed toward the purchase of this property as a public park. Moved by Brown, seconded by Hertz, to adopt RESOLUTION NO. 92-288 accepting the deed for Ann Munn Heritage Woods from the Iowa Natural Heritage Foundation and granting a conservation easement for the property back to the Foundation. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CAPITAL PURCHASES FOR EQUIPMENT SERVICES: Moved by Campbell, seconded by Brown, to adopt RESOLUTION NO. 92-289 authorizing the carry-over in FY 91/93 for the FY 91/92 adopted and amended capital purchases for an estimated total cost of $138,800. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 1992 RECONSTRUCTION AND RESURFACING PROGRAM NO. 1: Mayor Curtis informed the Council that action on this item would be subject to agreement by the Transit Board since the change order on the 1992 Reconstruction and Resurfacing Program No. 1 was made necessary due to a change in a bus route. The Board previously agreed to pay for this project but at a lower amount than the bid that was received. Council Member Wirth stated that the Transit Board has begun setting procedures in place to prevent something like this from happening again. Moved by Wirth, seconded by Campbell, to adopt RESOLUTION NO. 92-290 approving a change order in the amount of $51,857.05 on the contract with Manatt's, Inc. for the 1992 Reconstruction and Resurfacing Project subject to agreement by the Transit Board. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 1992 36" SANITARY SEWER RELOCATION PROJECT: Moved by Campbell, seconded by Wirth to adopt the following resolutions: (a) RESOLUTION NO. 92-291 authorizing a contract for an assessment project to relocate a sanitary sewer line on property located at 811 South Duff. (b) RESOLUTION NO. 92-292 adopting a preliminary resolution. (c) RESOLUTION NO. 92-293 approving and adopting preliminary plans and specifications, estimate of cost and plat and schedule for the 1992 36" Sanitary Sewer Relocation Project. (d) RESOLUTION NO. 92-294 adopting resolution of necessity. When asked about the demolition date of an old building on the site at 811 South Duff, City Attorney Klaus responded that due to building code requirements, the old building must be torn down before the new building may be occupied. Demolition of the old building will be part of the occupancy requirements for the first new building on the site. Kenneth Howe, owner of the property at 811 South Duff, said that the business operator in the old building needs to be able to remain in business, so he asked if the old building could remain standing until the machinery is moved from it and put into operation in the new building. He assured the Council that he would be willing to file some form of financial security to ensure that there will be money available to pay for the demolition. Mr. Howe suggested that he be allowed two to six months for moving and demolition. Moved by Brown, seconded by Wirth, to amend RESOLUTION 92-291 to include in the contract a requirement that an acceptable form of security must be filed with the City to ensure that the old building on the property at 811 S. Duff will be demolished and to include a requirement that the old building will be demolished within six months after the certificate of occupancy is issued for the new building. Vote on Amendment: 4-0. Amendment declared carried unanimously. Roll Call Vote on Amended Motion: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COOPER'S 2ND SUBDIVISION STREET IMPROVEMENTS PROJECT: Moved by Brown, seconded by Wirth, to grant the developer of Cooper's 2nd Addition Subdivision additional time until August 10, 1992, to complete the subdivision improvements, and defer award and approval of a contract for Cooper's 2nd Addition Street Improvements Project until August 11, 1992, and authorize the Public Works Director to acquire the funds guaranteed by the bank letter of credit if the street paving is not underway by August 10, 1992. Vote on Motion: 4-0. Motion declared carried unanimously. SOPERS MEADOW SUBDIVISION: Moved by Brown, seconded by Wirth, to adopt RESOLUTION NO. 92-295 approving a Conceptual Development Plan (CDP) for Sopers Meadow Subdivision, located at the south end of Jewell Drive with the following stipulations: 1. That Lot A of Southdale Third Addition be shown as an unbuildable outlot on the Administrative Plat. 2. That the floodplain boundary be revised on future plat documents as soon as the hydrologic study information is available. 3. That a turnaround be provided at the end of Jewell Drive at the time Phase II is platted, unless it is known at that time that Jewell Drive will be extended to an intersecting street within one year of the Final Plat for Phase II. 4. That an alternate side parking plat be adopted by the City Council for Jewell Drive at the time of the Final Plat for Phase I and for Phase II. 5. That the soils on the site be investigated before the Final Plat for each phase and if there are lots that require engineered foundations, they be so noted on the Final Plat. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Paul Wiegand, Public Works Director, explained that Russell Soper, developer of Sopers Meadow Subdivision, would like a special assessment procedure established for installation of the public improvements in a portion of the subdivision. He asked whether the city should provide up-front capital for this purpose and pointed out that the city has not done this before. Mr. Wiegand informed the Council that the Ames Community School System, which owns some land adjacent to this proposed subdivision, signed an agreement with the former land owner many years ago to help pay for the paving of the street adjacent to the school, but they don't know if that agreement carried over each time the land changed hands since then. He said that the school's lawyer is not yet ready to definitely say that they will share the cost. Moved by Brown, seconded by Hertz, to deny the request from Russell Soper to special assess Sopers Meadow Subdivision improvements. Russell Soper pointed out that he only wants a special assessment applied to the first four lots in the subdivision which border the school property. He gave some examples of similar cases from the past where adjoining properties had been assessed. He said that he would be willing to have his request tabled until he can hear back from the School Board. Moved by Hertz, seconded by Wirth, to table this request to special assess Sopers Meadow Subdivision Improvements. Vote on Motion: 2-2. Voting Aye: Hertz and Wirth. Voting Nay: Brown and Campbell. Mayor Curtis voted "Aye" to break the tie. Motion declared carried. MEADOW LANE SUBDIVISION: Moved by Brown, seconded by Wirth, to adopt RESOLUTION NO. 92-296 approving the CDP for Meadow Lane Subdivision, located east of South Duff Avenue and north of South Sixteenth Street, and waiving the requirement for sidewalks along South Duff and South Sixteenth Street. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. NORTH PARK VILLA: Moved by Campbell, seconded by Brown, to adopt RESOLUTION NO. 92-297 approving an amendment to the Planned Unit Development Plan (PUD) for North Park Villa, which is generally located south of 30th Street and west of Ferndale Avenue, with the following stipulations. 1. That uses and structures within the five foot encroachment areas be limited to decks not to exceed 12 inches in height from grade, patios, and fences not to exceed six feet in height. 2. That the Declaration of Covenants, Conditions and Restrictions for North Park Villa be amended and recorded to permit these five foot encroachments into Outlot A-A, Outlot B- B, and Outlot C-C for the above stated purposes prior to the issuance of building permits. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MARY GREELEY MEDICAL CENTER: Moved by Campbell, seconded by Hertz, to adopt a resolution approving an amendment to the Master Site Plan for Mary Greeley Medical Center. Jeff Stevenson, President of Mary Greeley Medical Center, explained that they want to change the sequencing of the building program to allow for more appropriate internal space allocations. He assured the Council that the parking ramp will still be the first structure built. Sam Pritchard, 912 Kellogg Avenue, expressed concern about cars exiting from the ramp to the west. Mr. Stevenson explained that the primary entrance and exit for the ramp will be to the east onto Duff while the opening on the west will be used only for emergencies. He said that final details still have to be worked out with City Staff and the hospital will keep the neighbors informed as they proceed with planning. Roll Call Vote: 3-1. Voting Aye: Campbell, Hertz, and Wirth. Voting Nay: Brown. Motion declared failed since four consenting votes are necessary for adoption of a resolution. Moved by Campbell, seconded by Hertz, to place this request on the agenda for the meeting on August 11, 1992. Vote on Motion: 3-1. Motion declared carried. Mr. Stevenson updated the Council on the status of the hospital's Certificate of Need saying that it was submitted at the end of June and the tentative date of hearing is set for September. He said that they hope for construction on the parking ramp to begin in April with all phases of the building plan completed by 1996. HOSPITAL BOARD OF TRUSTEES: Moved by Brown, seconded by Campbell, to appoint Betty Jo Harker to fill the vacancy created by Judy Clem's resignation from the Hospital Board of Trustees until the fall election of 1993, effective September 1, 1992. Vote on Motion: 4-0. Motion declared carried unanimously. CAMPUSTOWN DESIGN: Moved by Campbell, seconded by Hertz, to adopt RESOLUTION NO. 92-298 waiving the purchasing policy and approving a contract with Michael Freedman to develop design concepts for Campustown. City Manager Schainker said that he would like to schedule a Council Workshop with Michael Freedman in August to inform Mr. Freedman of a budgetary amount for Campustown improvement and goals for the area. He said that the City will pay for this work from hotel/motel monies earmarked for the Economic Development Commission, which is in agreement with this allocation. Mr. Schainker stated that if Mr. Freedman meets with the Council by the end of August, he will have his concepts completed by the end of October at which time he will return and make a presentation to Council. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CITY CLERK: Moved by Campbell, seconded by Brown, to adopt RESOLUTION NO. 92-299 appointing Jill Ripperger as Acting City Clerk beginning August 1, 1992, with a salary of $30,000, to replace Nancy Dionigi, whose resignation is effective on that date. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: There were no comments. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. ________________________________ _____________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor