HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/22/1992MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 22, 1992
The Ames City Council met in regular session at 7:00 p.m., September 22, 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, Hertz, Hoffman, and Parks. Council Members
Brown and Wirth were absent.
AMERICAN BUSINESS WOMEN'S DAY PROCLAMATION: Donna Scherr accepted a
proclamation from Mayor Curtis proclaiming September 22, 1992, as National American
Business Women's Day.
FIRE PREVENTION WEEK PROCLAMATION: Captain Phil Harris of the Ames Fire
Department was present for the acceptance of a proclamation from Mayor Curtis who
proclaimed October 4-10, 1992, as Fire Prevention Week.
PROCLAMATION FOR NATIONAL ADULT DAY CARE WEEK: Mayor Curtis presented
a proclamation to Tony Rinkenberger, Director of the Adult Day Care Center, proclaiming the
week of September 20-26, 1992, as National Adult Day Care Week.
NATIONAL 4-H WEEK PROCLAMATION: Three 4-H organization members were present
for the acceptance of a proclamation from Mayor Curtis who proclaimed October 5-12, 1992,
as National 4-H Week.
PRESENTATION BY SUMMER INTERN: Summer Intern Lorenzo Eason gave a presentation
on his internship with the City since beginning the program earlier this summer. Mr. Eason
highlighted his goals for the summer, along with a summary of the Celebrate Diversity Picnic
and his recommendations for future interns. He thanked City staff and the Mayor and Members
of the City Council for their support during his internship.
CONSENT AGENDA: The item regarding the Motor Grader with Wing Plow was pulled from the
Consent Agenda. Moved by Campbell, seconded by Hoffman, to approve the remaining items
on the Consent Agenda.
Motion to approve minutes of the special meeting of September 1, 1992,and the regular meeting
of September 8, 1992.
Motion to approve payment of claims.
Motion to set November 10 and 24 and December 8 and 22, 1992, as City Council meeting
dates.
Motion to approve renewal of the following beer and liquor licenses:
(a) Class E Beer - Hy-Vee Food Store, 3600 Lincoln Way.
(b) Class E Beer - Save-U-More, 538 South Duff Avenue.
(c) Class E Beer - Drugtown, 3700 Lincoln Way.
(d) Class C Liquor - Hunky Dory's, 300 South 17th Street.
(e) Class C Liquor - Cy's Lounge, 119 Main Street.
(f) Class B Beer - Happy Joe's, 551 South Duff Avenue.
RESOLUTION NO. 92-342 approving Employee Assistance Program contract.
RESOLUTION NO. 92-343 approving release of real estate mortgages.
RESOLUTION NO. 92-344 approving an amendment to the Annual Contributions Contract
(ACC) for the Section 8 Existing Housing Program Project No. IA05-E089-001.
RESOLUTION NO. 92-345 approving contract and bond from Ames Trenching and Excavating,
Inc., for 1992 Footing Drain Collector Program.
RESOLUTION NO. 92-346 approving authorization of $1,664.00 for the purpose of surveying
the entire Depot grounds for redevelopment site planning.
RESOLUTION NO. 92-347 accepting bids and awarding contract to Computerland in the
amount of $48,000.00 for computer equipment.
RESOLUTION NO. 92-348 accepting bids and awarding contracts to Feed-Rite Controls at the
estimated total cost of $13,924.20 (Group I) and to Di-Chem Company at the estimated total cost
of $12,600.00 (Group II) for chemicals for the Power Plant.
RESOLUTION NO. 92-349 accepting completion of the Cooper's Second Subdivision Storm
Sewer Installation Project.
RESOLUTION NO. 92-350 accepting completion of the Welch Avenue Parking Lot Project.
RESOLUTION NO. 92-351 accepting completion of improvements to theLime Sludge Lagoon.
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
MOTOR GRADER WITH WING PLOW EQUIPMENT: Council Member Hertz requested a
review of the bids submitted for this equipment. Paul Hinderaker, Director of Equipment
Services, explained the process of how Staff arrived at the recommendation to direct purchase
the motor grader with wing plow from Ziegler, Inc., in the amount of $116,505.00.
Moved by Hertz, seconded by Parks, to adopt RESOLUTION NO. 92-352 accepting bids and
awarding a contract for the direct purchase of a motor grader with wing plow to Ziegler, Inc.,
in the amount of $116,505.00.
Roll Call Vote: 4-0. Resolution 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.
BONFIRE REQUEST: Moved by Parks, seconded by Campbell, to direct Staff not to enforce the
regulation specified in Chapter 10.8 of the Municipal Code thereby allowing a request from the
Ames High School Homecoming Committee to burn wood from tree trimmings for the purpose
of a bonfire at the Ames High School parking lot on September 24, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
BANNER REQUEST: Moved by Hertz, seconded by Hoffman, to approve a request from United
Way to hang a banner across Main Street from September 22 to October 25, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
BANNER REQUEST: Moved by Parks, seconded by Hertz, to approve a request from the
Auxiliary of Mary Greeley Medical Center to hang a banner across Main Street from November
2 to November 21, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
FIREWORKS PERMIT: Moved by Hoffman, seconded by Parks, to approve the application for
a fireworks permit for Iowa State University Homecoming 1992 on October 15, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
SIGMA PI FRATERNITY: Moved by Campbell, seconded by Parks, to allow underage people
on the premises while alcohol is being served during a social event at the Coliseum on October
17, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
SIGMA CHI FRATERNITY: Moved by Hoffman, seconded by Parks, to allow underage people
on the premises while alcohol is being served during a social event at the Coliseum on
September 30, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
PI BETA PHI SORORITY: Moved by Parks, seconded by Hoffman, to allow underage people
on the premises while alcohol is being served during a social event at the Coliseum on September
24, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
ORDINANCE REVISING PARKING ON 20TH STREET: Moved by Campbell, seconded by
Hoffman, to pass on first reading an ordinance rescinding parking prohibitions on the north side
of 20th Street from 70' west of Northcrest Drive west 400' to the west end of 20th Street.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REPEALING MASSAGE THERAPISTS REGULATIONS: Moved by Parks,
seconded by Hertz, to pass on second reading an ordinance repealing massage therapists
regulations.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCES ADOPTING CONSTRUCTION CODES: Assistant City Manager Bob Kindred
updated the Council regarding additional revisions to the code sections. He stated that the
Plumbing Code chapter includes several changes. Section 21.202(5)&(6) has new language
which confirms that constant inspection during some phases of the installation of plastic piping
materials will be required. There are other phases of the plastic pipe installation that will be
inspected on a spot basis as is currently done for rigid piping materials.
In reference to Section 28.214, Mr. Kindred reported that Addendum D, which was presented
to the Council, addresses the replacement of galvanized service lines. Staff recommended that
this code section be amended by adopting Addendum D as presented to them.
It was noted that Sections 21.203(2), 21.501(39)(E), 21.501(30)(a), 21.501(35)(E),
21.501(35)(K), 21.501(40)(15.1), and 21.501(40)(15.2) are addressed in the memo in order to
clarify the intent of the Code as well as to make some "housekeeping" changes.
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Mr. Kindred explained that in regards to Section 21.501(a)&(c), all parties are in agreement that
there is no desire to install any material other than copper water piping within buildings.
At this time, Section 21.501(27)(A) regarding the use of plastic piping as an allowable material
for water service lines was discussed. Mr. Kindred indicated that there is still work to be done
in order to reach an agreement regarding the use of this material. However, in order to initiate
the 180-day process to ensure the local codes go into effect on April 1, 1993, it is important that
the Plumbing Code section be adopted. Mr. Kindred stated that Staff would be back to Council
with proposed changes long before this particular code goes into effect.
Bob Friedrich, Jr., representing the Ames Homebuilders, spoke to the issue of plastic piping.
Mr. Friedrich stated that he still felt very confident that plastic piping is a good product for water
service with proper inspections. He further stated that he felt the issue of using this material
should be left open for discussion and review prior to the 180-day time limit.
Moved by Parks, seconded by Hertz, to pass on second reading ordinances adopting new local
codes for the Building, Electrical, Fire, Mechanical, Plumbing, and Utility Codes with the
incorporation of changes addressed in Addendum B, except for Section 21.501(27)(A), for the
Plumbing Code and Addendum D for the Utility Code.
Roll Call Vote: 4-0. Motion declared carried unanimously.
HEARING ON HOSPITAL REVENUE BONDS: Mayor Curtis declared the hearing open. Cal
Halliburton, Chairman of the Municipal Hospital Board of Trustees, stated that several
representatives were present to explain the situation relating to the proposal to issue $45,000,000
Hospital Revenue Bonds. He expressed the Hospital's disappointment because of the Certificate
of Need being denied. However, he believed it was important to proceed with the hearing in
order to reduce costs as much as possible associated with the issuance of the bonds.
Jeff Stevenson, President of Mary Greeley Medical Center, was present to highlight the purpose
for their request to issue the bonds and to present some slides. Mr. Stevenson explained that,
at this time, the hospital is requesting that the City Council authorize the issuance of
$21,000,000 Hospital Revenue Bonds with $12,000,000 to be applied to refunding series bonds,
$8,000,000 for current capital improvements, and $1,000,000 for reserve funds. He indicated
that the Hospital will save approximately $300,000 in interest at this time due to the lower
interest rates. Mr. Stevenson further explained that once the Certificate of Need is granted, the
Hospital will be back before the Council to request that they proceed with the issuance of the
remaining $24,000,000.
City Manager Steve Schainker stated that Staff has asked bond counsel to be present at this
hearing in order to explain the legalities of the City proceeding with the hearing to issue bonds
although the Certificate of Need was denied.
Robert Helmick, Dorsey & Whitney, Des Moines, Iowa, summarized that according to Iowa
Certificate of Need Law, a Certificate of Need is required when "new institutional health
services" are established. Mr. Helmick referred to a letter sent to the City Manager's Office
which outlined the definitions of "new institutional health services". He explained that his firm
has reviewed the Hospital's list of proposed equipment and capital improvements which would
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be funded with the bonds, and they have been advised by officials of the Hospital that none of
these expenditures involve the offering of a new service. Therefore, it is his opinion that the
City may authorize the issuance of the $21,000,000 bonds without the Certificate of Need so
long as those improvements are of the nature and cost contained in the list provided by the
Hospital. He suggested, however, that the City may desire to instruct the trustee holding the
proceeds of the issuance of the bonds to only expend the proceeds as to the specific
improvements listed and in no greater amount than shown unless it obtains an opinion of the
bonding counsel to the City. It was noted that in the event the remainder of the bonds are not
issued, this action would not affect the City's credit rating.
Miecyzsyaw Szopinski, 4123 Phoenix, Ames, Iowa, appeared before the Council at this time to
state his concerns regarding whether or not all of the hospital expansion and clinical
improvements were needed. He further stated that he wanted someone independent from the
Hospital to explain how they arrived at the position that its costs are lower than surrounding area
hospitals. Council Member Hoffman indicated that Mr. Szopinski should direct his questions
regarding the Hospital's activities towards the elected Hospital Board members.
City Attorney Klaus explained the different functions of the Hospital Board of Trustees and the
City Council and how they relate. He further explained that according to State Code, the
Hospital Board of Trustees is entrusted with the responsibility and power to manage the control
of the Mary Greeley Medical Center.
Moved by Hertz, seconded by Hoffman, to adopt RESOLUTION NO. 92-353 taking additional
action to issue not to exceed $45,000,000 Hospital Revenue Bonds in one or more series, with
the initial series to be in an amount not to exceed $24,000,000 (Series A Bonds).
David Claypool, bonding counsel with Dorsey & Whitney, explained that although the
resolution indicates $45,000,000, it actually authorizes the amount not to exceed $24,000,000
in issuing; however, after tonight's hearing, the Hospital is requesting an amount not to exceed
$21,000,000.
Council Member Hertz retracted her motion.
Moved by Hertz, seconded by Hoffman, to adopt RESOLUTION NO. 92-353 taking additional
action to issue not to exceed $45,000,000 Hospital Revenue Bonds in one or more series, with
the initial series to be in an amount not to exceed $21,000,000 (Series A Bonds), with the
instruction that the trustee holding the proceeds of the issuance of the bonds only expend the
proceeds as to Series A improvements and in no greater amount than shown on the Exhibit
unless it obtains an opinion of counsel to the City that the expenditure does not create any
violation of the Iowa Certificate of Need Law or the bond authorizing resolution.
Roll Call Vote: 4-0. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these minutes.
P-C PLAN AMENDMENT FOR AMES SAVINGS BANK/BRENTON BANK: Moved by
Parks, seconded by Hertz, to adopt RESOLUTION NO. 92-354 approving an amendment to the
P-C Plan for Ames Savings Bank/Brenton Bank, 723 24th Street, to allow the installation of a
pole sign located on the sidewalk adjacent to the structure at the southeast corner of the structure
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with the following stipulation:
1. that the existing pole sign for Ames Savings Bank located north of Kentucky Fried
Chicken be removed no later than 30 days from the date that a permit is used for the
proposed pole sign.
Roll Call Vote: 4-0. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these minutes.
REPORT ON BIRD CONTROL: Paul Wiegand, Director of Public Works, reported that for the
past several years, the City has experienced problems with birds roosting in the trees along Main
Street. As a result, bird droppings have been accumulating on the sidewalks. The City has been
washing the sidewalks in the downtown area several times a week. Balloons and wind chimes
have been placed in the trees in order to scare off the birds, however, this solution has not
worked consistently. The City has also tried thinning out the trees so the birds would not return
to roost on Main Street. Mr. Wiegand reported that Staff wishes to further discuss this issue
with the Downtown Betterment Association in order to arrive at some solution to this problem
and/or make a decision as to what party is responsible for the removal of the bird droppings.
REAL ESTATE EXCHANGE AGREEMENT: City Attorney Klaus explained that this particular
item is before the Council due to the element of exchange of real estate. Although the property
owned by Dr. Donald Powers, which is located at 212 11th Street, is within the Council's
preapproved master plan acquisition area for the Mary Greeley Medical Center's expansion, the
exchange property is not a preapproved site; therefore, Council approval of the agreement is
required.
Moved by Parks, seconded by Hertz, to adopt RESOLUTION NO. 92-355 approving the real
estate exchange and escrow agreement with Dr. Donald Powers for property located at 212 11th
Street.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CITIZEN SATISFACTION SURVEY: Budget Officer Carol Collings summarized the Citizen
Satisfaction Survey results. She reported that the survey was sent out in April and May, and
there was higher student participation this year. Ms. Collings also showed a slide presentation
of these results.
Mayor Curtis thanked Ms. Collings for all of the time and effort she has put forth into the
survey.
COMMENTS: Council Member Parks asked if the parking lot requirements have been met by Earl
Hamilton of B. E. Gold Mine, 520 Duff Avenue, in order to proceed with the approval of his
liquor license. It was pointed out that there was a Staff meeting scheduled for September 28 in
order to ascertain whether or not all of the requirements have been met.
ADJOURNMENT: The meeting adjourned at 9:20 p.m.
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_____________________________________ _____________________________________
Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor
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