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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/26/1991MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 26, 1991 The Ames City Council met in regular session at 7:30 p.m. on Tuesday, March 26, 1991, in the City Council Chambers of the City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding and the following members present: Campbell, Hertz, Hoffman, Parks, and Wirth. Council Member Brown was absent. PREVENT A LITTER MONTH: Lorna Lavender, Animal Control Officer, accepted a proclamation from the Mayor proclaiming the month of April, 1991, as Prevent a Litter Month. BUILDING SAFETY WEEK: Mayor Curtis presented a proclamation to Richard Lepper, President of the Ames Homebuilders Association, proclaiming the week of April 8-12, 1991, as Building Safety Week in Ames. WORLD HEALTH DAY: Two representatives from the ISU Student Health Advisory Committee accepted a proclamation from Mayor Curtis proclaiming April 4, 1991, as World Health Day in Ames. CAMPFIRE WEEK: Mayor Curtis presented a proclamation to several members of various Campfire groups in Ames proclaiming the week of March 17-23, 1991, as Campfire Week. CONSENT AGENDA: Two items were pulled from the Consent Agenda for separate consideration. Moved by Hoffman, seconded by Parks, to adopt the following items on the Consent Agenda. Motion to approve minutes of the regular City Council meetings of February 26 and March 5, 1991. Motion to approve payment of claims totalling $3,110,344.92. Motion to approve renewal of the following beer and liquor licenses: (a) Class C Beer - Interstate 66, U. S. 30 and Dayton Avenue. (b) Class C Liquor - Lucullan's, 400 Main Street. (c) Special Class C Liquor - Valentino's, 2500 Ferndale. (d) Class C Liquor - Cy's Roost/Lost & Found Lounge, 121 Welch Avenue. (e) Class B Beer - Cheese 'n' Puppets, 330 Main Street. Motion to hold joint meeting with Parks and Recreation Commission on April 9, 1991, at 7:00 p.m. to discuss location and conceptual plan for aquatic facility. Motion to accept 1990 Resource Recovery System Report and to authorize distribution of billing to member cities. Motion to set April 9, 1991, as date of hearing to consider PUD for Prairie West. RESOLUTION NO. 91-82 approving reaffirmation of Public Art Policy and Acquisition Committee as standing committee for City of Ames. RESOLUTION NO. 91-83 approving contract and bond of SECOA for stage rigging for the Community Center Auditorium in the amount of $38,663. RESOLUTION NO. 91-84 approving contract and bond of Mainstage Theatrical Supply, Inc. for stage curtains for the Community Center Auditorium in the amount of $11,759.00. RESOLUTION NO. 91-85 approving contract and bond of R. H. Grabau Construction for the picnic shelter, toilet facility, and observation tower in Moore Memorial Park in the total amount of $218,931.00. RESOLUTION NO. 91-86 authorizing a temporary senior clerk position for the Department of Planning and Housing. RESOLUTION NO. 91-87 adding Story County Bank and Trust and removing American Federal Savings from the City's resolution of depositories with a limit of $10,000,000. RESOLUTION NO. 91-88 approving FAUS agreement for rehabilitation of Lincoln Way from Hayward Avenue to Manning Avenue. RESOLUTION NO. 91-89 approving preliminary plans and specifications for the 1990 Sanitary Sewer Rehabilitation Program (Revised); and setting April 12, 1991, as bid due date and April 23, 1991, as date of hearing and award of contract. RESOLUTION NO. 91-90 accepting completion of architectural contract with Voorhees Design for design of bus garage and approving payment of retainage. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. APPOINTMENTS TO BOARDS AND COMMISSIONS: Mayor Curtis mentioned that it was necessary to remove David Devereaux's name from the list of appointees to the Library Board because he is not a citizen of Ames. Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 91-91 approving appointments to various City Boards and Commissions. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. APPOINTMENTS TO THE SISTER CITY COMMITTEE: Mayor Curtis stated that in addition to the names already provided to the Council for appointment to the Sister City Committee, he was adding the name of Alan Ford. Moved by Parks, seconded by Wirth, to amend the list of appointees to the Sister City Committee to include Alan Ford's name. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to adopt RESOLUTION NO. 91-92 approving appointments to the ad hoc Sister City Committee. Roll Call Vote: 5-0. 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. BOND COUNSELING SERVICES: Moved by Campbell, seconded by Hoffman, to advance items 34 and 35 on the agenda. Vote on Motion: 5-0. Motion declared carried unanimously. Bob Helmick, Attorney with the Belin Harris Helmick Law Firm in Des Moines, informed the Council that as of April 1, 1991, he and the other attorneys in the public finance group of his law firm will become partners in the law firm of Dorsey and Whitney. He stated that he would like to continue to provide public financial advice to the City of Ames. The Mayor praised him for his work for the City over the past several years. Moved by Parks, seconded by Campbell, to adopt RESOLUTION NO. 91-93 approving a Letter of Agreement for bond counseling services with Dorsey and Whitney. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ELECTRIC AND G.O. BOND ADVANCE REFUNDING: Wayne Burggraff, financial advisor with Evensen Dodge, explained his plan for the City to save money by marketing two new bond issues and placing the resulting funds in an escrow account to pay off the existing electric revenue bonds and G.O. Bonds. This action would result in significant savings in the city's debt service payments through 1998. He pointed out that if the City does not proceed to the sale of the refunding bonds, the financial advisors and bond attorney will not charge the City for their services. Moved by Parks, seconded by Hoffman, to direct the City's financial advisors and bond counsel to initiate proceedings to accomplish the proposed advance bond refunding. Vote on Motion: 5-0. Motion declared carried unanimously. NEW BEER PERMITS: Moved by Parks, seconded by Hertz, to approve the following applications for new beer permits: (a) Class C Beer - Lincoln Way Conoco, 539 Lincoln Way. (b) 5-Day Class B Beer - North Grand Mall Merchants' Association, 2801 North Grand. (c) Seasonal Class B Beer - Homewood Golf Course, 20th and Duff. (d) Seasonal Class B Beer - Ames Slowpitch Softball Association, River Valley Park. Vote on Motion: 5-0. Motion declared carried unanimously. PRAIRIE BURN: Moved by Hoffman, seconded by Campbell, to approve the request from the Big Bluestem Audubon Society to be allowed to burn the prairie near Ontario Cemetery during April, with the stipulation that it be done on a day when there is no funeral. Vote on Motion: 5-0. Motion declared carried unanimously. AGREEMENT WITH AMES CONVENTION AND VISITORS BUREAU: B. J. Reed explained the Bureau's request to amend their agreement with the City to increase their governing board from nine members to eleven members to allow adequate representation on the Board for all categories of membership in the Bureau. Moved by Hertz, seconded by Campbell, to adopt RESOLUTION NO. 91-94 approving an amendment to the agreement with the Ames Convention and Visitors Bureau to allow an eleven member board with the amendment stated as follows (changes to existing wording are underlined): (4) It is agreed that the policies and activities of the Ames Convention and Visitors Bureau shall be determined and overseen by an eleven member governing body to be so composed of persons, having respective voting powers, as follows: (a) Three representatives of the Ames hotels/motels, each of whom shall have one vote. (b) One representative from Iowa State University, who shall have one vote. (c) One representative from Iowa State Center, who shall have one vote. (d) One representative of the restaurant industry, who shall have one vote. (e) Three representatives at large, each of whom shall have one vote. If possible from the - ACVB membership, one representative shall represent the retail industry, one shall represent the convention services industry and one shall represent any category of the ACVB membership. (f) Two representatives of the Ames City Council appointed by the Mayor and approved by the Council, each of whom shall have one vote. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SKATEBOARDING: Sheila Lundt, Assistant to the City Manager, assisted by Scott Paque and Rich Hall, presented an oral report to the Council concerning the proposed skateboard park in Brookside Park. Ms. Lundt stated that expenses may need to be incurred by the City in the future to hire an architect to design a ramp and to pay for the transfer of dirt from a construction site to Brookside Park. REPORT FROM HUMAN RELATIONS COMMISSION: Ms. Lundt and Lise Ievalts, Chairperson of the Human Relations Commission, summarized the Human Relations Commission's Subcommittee recommendations and responses to the preliminary report from the Task Force on Equality. Moved by Campbell, seconded by Hoffman, to take the following steps to begin the implementation of these recommendations: EDUCATION AND AWARENESS SUBCOMMITTEE RECOMMENDATIONS: 1. Recommendation:That the City of Ames/ISU coordinate the development of a resource guide ... which can provide support to groups or individuals seeking information regarding multi-cultural/non-sexist issues and programs. Council Action: Refer to Staff for a cost estimate and development of strategic plan on how to accomplish. 2. Recommendation: That the City of Ames and ISU work to formalize the links between ISU and Ames...the City of Ames will assemble a team to coordinate existing multi- cultural/non-sexist programs. Council Action: Direct Mayor to take the lead in an attempt to combine the efforts of the various groups offering multi-cultural/non-sexist programs and report back to Council. LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS: 1. Recommendation: That Chapter 14 of the Ames Municipal Code be amended to include "affectional orientation" among the protected categories. Council Action: Direct the City Attorney to draft an ordinance for presentation to the Council with a public hearing. 2. Recommendation: That the City Council...review the Ames Hate Crimes Ordinance in order to resolve the discrepancies of this ordinance with the state law... Council Action: Direct the City Attorney to prepare an ordinance repealing the current city ordinance pertaining to hate crimes to be acted upon at the next City Council meeting. 5. Recommendation: That the City of Ames compile a listing of existing homes, both rental and privately owned, that could be adapted for the disabled at reasonable expense...further, the City should adopt guidelines requiring any new rental units...to have a specific percentage of accessible apartments... Council Action: Direct the Mayor to correspond with the Multiple Listing Service and meet with them to make sure that this request is included in part of their process. 7. Recommendation: The City of Ames should ask the County Commissioner of Elections to define and publicize a process whereby disabled citizens can apply for an alternate voting site, when the designated site is not accessible... Council Action: Direct the Mayor to write a letter to the County Commissioner stating this request. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON 1991 FOOTING DRAIN PROGRAM NO. 1: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 91-95 approving final plans and specifications for the 1991 Footing Drain Program No. 1 and awarding a contract to Ames Trenching and Excavating in the amount of $89,671.18. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON CABLE TV/PUBLIC ACCESS REMODELING PROJECT: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 91-96 approving final plans and specifications for the Cable TV/Public Access Remodeling Project and awarding a contract to Harold Pike Construction in the amount of $44,800.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1991 SLURRY SEAL PROGRAM: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 91-97 approving final plans and specifications for the 1991 Slurry Seal Program and awarding a contract to Fort Dodge Asphalt Co. in the amount of $44,800.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 1991 JOINT SEALING PROGRAM: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 91-98 approving final plans and specifications for the 1991 Joint Sealing Program and awarding a contract to The Dallas Company, Inc. in the amount of $75,675.00. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING HOURS OF EDUCATION REQUIRED FOR MASSAGE LICENSE: Moved by Campbell, seconded by Parks, to pass on second reading an ordinance amending Section 17.24 of the Municipal Code to allow Massage Licenses to be issued to individuals with 725 hours of education from an accredited school. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to suspend the rules required for the adoption of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3122 amending Section 17.24 of the Municipal Code to allow Massage Licenses to be issued to individuals with 725 hours of education from an accredited school. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the mayor, and hereby made a portion of these minutes. ORDINANCE RELATING TO DISCRIMINATION DUE TO FAMILIAL STATUS: Moved by Parks, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3123 amending Chapter 14 of the Municipal Code to include "familial status" as a prohibited discriminatory practice in terms of housing and credit. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the mayor, and hereby made a portion of these minutes. ORDINANCE REGULATING PARKING ON ARBOR STREET, COUNTRY CLUB, AND FOREST GLEN: Moved by Hoffman, seconded by Campbell, to pass on third reading and adopt ORDINANCE NO. 3124 revising parking regulations on Arbor Street, Country Club, and Forest Glen. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the mayor, and hereby made a portion of these minutes. FIRE DEBRIS AT 307 ASH AVENUE: Don Jackson, Building Official, updated the Council on the status of the debris left from a fire in 1990 that destroyed a fraternity house on property located at 307 Ash Avenue. He requested the Council to authorize expenditure of funds to have the area cleared with the costs to be assessed to the property owner. Jerry Weldon, Chairman of the Executive Board of Phi Kappa Tau Fraternity, told the Council that they have begun a fund drive to obtain money to build a new fraternity. He said that they are also eager to have the debris cleaned up but do not have the money to do so at this time. Moved by Parks, seconded by Wirth, to expend the necessary funds from the general fund to have the debris on property located at 307 Ash Avenue removed and to award the contract for removal to Con-Struct for the amount of $23,900.00. Vote on Motion: 5-0. Motion declared carried unanimously. U.S. HWY. 30 AND DAYTON ROAD INTERCHANGE: City Manager Schainker informed the Council of the joint work that has occurred between the City of Ames and the Iowa Department of Transportation during the last couple years concerning the interchange that will be built at the intersection of U.S. Hwy. 30 and Dayton Road. He stated that some compromises have been reached regarding the interchange project agreement, but that City Staff Members still have some modifications, which are opposed by the Iowa DOT, that they would like to see incorporated into that agreement. The main point of disagreement rests with whether sanitary sewer lines connecting to a lift station will be allowed to remain where they are now located. He said that it is Staff's belief that allowing the sewer lines to stay in their present location does not violate the established rules of the Iowa DOT. Ken Meeks, District Manager of the Iowa Department of Transportation, provided the viewpoint of the Iowa DOT about the agreement for the interchange and told their reasons for wanting the sanitary sewer lines moved from the right-of-way. He said that the Iowa DOT feels that they have a lot to lose if those lines have to be replaced after the interchange is constructed. He reminded the Council that the Iowa DOT has every legal right to require the City to relocate the sanitary sewer lines in accordance with a 1966 agreement between the City of Ames and the Iowa DOT. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 91-99 approving the modified agreement between the City of Ames and the Iowa DOT for the U.S. #30 and Dayton Road interchange and directing Staff to pursue further hearings with the Chief Highway Engineer, Transportation Director, and/or DOT Commission as appropriate, to allow the sanitary sewer lines to remain in their present location in accordance with the adopted Utility Accommodation Policy. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COMMENTS: Moved by Parks, seconded by Campbell, to direct Staff to consider the need for a stop light at the intersection of Stange Road and 24th Street. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Parks again raised questions about the need for a stop light at the intersection of Grand Avenue and 30th Street. Council Member Hertz requested Staff to consider allowing prairie burns within City Limits as they work to revise the Fire Code. Mayor Curtis informed the Council that a special meeting will need to be held next week on the subject of affordable housing. ADJOURNMENT: The meeting was adjourned at 10:20 p.m. __________________________________ ____________________________________ Nancy Dionigi, City Clerk Larry Curtis, Mayor