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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/09/1991MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 9, 1991 The Ames City Council met in regular session at 7:30 p.m. on Tuesday, April 9, 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: Brown, Campbell, Hertz, Hoffman, Parks, and Wirth. PLEDGE OF ALLEGIANCE: Dan Strodtman and Den 2 of Cub Scout Pack 160 from Kate Mitchell School led everyone present in the Pledge of Allegiance. AMERICAN HOME WEEK: Ladonna Allen, representing the real estate industry in Ames, received a proclamation from Mayor Curtis proclaiming the week of April 14, 1991, as American Home Week in Ames. MEDICAL LABORATORY WEEK: Mayor Curtis presented Michelle Hasselbrook, Jill Miller, and Beth Swenson, lab technicians, with a proclamation proclaiming the week of April 13, 1991, as Medical Laboratory Week in Ames. NATIONAL VOLUNTEER WEEK: Charene Starcevic, Director of the Volunteer Bureau of Story County, accepted a proclamation from Mayor Curtis proclaiming the week of April 21, 1991, as National Volunteer Week in Ames. FAIR HOUSING MONTH: Sheila Lundt, acting in her capacity as Staff Member of the Ames Human Relations Commission, received a proclamation from Mayor Curtis proclaiming the month of April as Fair Housing Month in Ames. CONSENT AGENDA: Three items were pulled from the Consent Agenda for separate consideration. Moved by Parks, seconded by Hoffman, to approve the following items on the Consent Agenda. Motion to approve payment of claims totalling $2,539,645.21. Motion to approve renewal of the following beer and liquor licenses: (a) Class C Beer Permit - Fareway Stores, Inc., 619 Burnett Avenue. (b) Class E Liquor License - Cub Foods, 3121 Grand Avenue. (c) Class E Beer Permit - Cub Foods, 3121 Grand Avenue. Motion approving certification of Civil Service applicants. Motion to hold joint meeting with Parks and Recreation Commission on May 7, 1991, at 5:30 p.m. to discuss location and conceptual plan for aquatic facility. Motion to approve interpretation of residency for Affordable Housing Project. RESOLUTION NO. 91-104 approving appointment of Mike Simonson to Library Board of Trustees. RESOLUTION NO. 91-105 approving preliminary plans and specifications for the purchase or lease of a tractor with loader and mower; setting April 30, 1991, as bid due date and May 14, 1991, as date of hearing and award of contract. RESOLUTION NO. 91-106 authorizing a temporary .75 FTE Lane Worker for the Transit Department. RESOLUTION NO. 91-107 approving and adopting Supplement No. 3 to the Ames Municipal Code, 1990. RESOLUTION NO. 91-108 approving reduction in widths of utility easements over Lot 23, Dwight Harris Subdivision. RESOLUTION NO. 91-109 approving contract and bond of The Dallas Company in the amount of $75,675.00 for 1991 Joint Sealing Program. RESOLUTION NO. 91-110 approving contract and bond of Fort Dodge Asphalt Co. in the amount of $44,800.00 for 1991 Slurry Seal Program. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. APPROVAL OF MINUTES: Council Member Campbell pointed out that the minutes of the March 26, 1991, City Council meeting needed to be corrected to indicate that the last name of the Chairman of the Executive Board of Phi Kappa Tau Fraternity was Weldon rather than Westercamp. Moved by Campbell, seconded by Parks, to approve the minutes of the regular City Council meeting of March 26, 1991, as amended. Vote on Motion: 6-0. Motion declared carried unanimously. WORK SESSION: Moved by Hoffman, seconded by Campbell, to set May 21, 1991, at 7:30 p.m. as the date and time of a work session to prioritize projects for the Planning and Housing Department and Traffic Division of the Public Works Department. Vote on Motion: 6-0. Motion declared carried unanimously. STOP SIGNS NEAR HOSPITAL: Moved by Wirth, seconded by Parks, to refer to Staff a request from Mary Greeley Medical Center for replacement of stop signs near the hospital. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: Thomas Glisner, 1207 Arizona, a representative from the Task Force on Equality, invited the Council Members to a round table discussion in the Pioneer Room of the Memorial Union on Thursday, April 11, from 3:00 to 5:00 p.m. Mike Myers, 223 1/2 Main Street, requested that the Council consider developing an ordinance which would restrict the time at which exotic dancers may begin dancing in bars downtown and which would also place a restriction on leaving the doors open at New York West on Main Street. Council Member Hoffman left the room. JOINT MEETING WITH PLANNING AND ZONING COMMISSION: Moved by Parks, seconded by Hertz, to set 7:00 p.m. on April 23, 1991, as the time and date of a joint meeting with the Planning and Zoning Commission to discuss the Hospital/Medical Zone. Vote on Motion: 5-0. Motion declared carried unanimously. GREEK OLYMPICS: Moved by Campbell, seconded by Wirth, to approve a request from the Greek Olympics Committee to close the streets around Sorority Circle on April 13, 1991, for the Greek Olympics. Vote on Motion: 5-0. Motion declared carried unanimously. CRAWFORD SCHOOL PARADE: Moved by Wirth, seconded by Campbell, to approve a request from Crawford School for street closings for a school parade on April 28, 1991. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Hoffman returned to the room. AMERICAN RED CROSS: Moved by Campbell, seconded by Hertz, to approve a request from the American Red Cross to allow underage people on licensed premises at the 3M recreational facility on Dayton Road during a benefit dance while alcohol is being served on April 27, 1991. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. PARKING REQUEST FROM 3M: Moved by Hertz, seconded by Hoffman, to approve a request from 3M that the City not enforce the hard surface parking requirements on property owned by R. Friedrich located north of Lincoln Way on Carnegie Avenue. Dave Johnson, 3M Product Manager, explained that his company is experiencing a temporary space shortage. He stated that they would like to be allowed to park some storage trailers containing excess abrasive materials on an unpaved parking lot owned by Reinhard Friedrich and located north of Lincoln Way on Carnegie Avenue until October. Moved by Parks, seconded by Hoffman, to amend the motion to state that the trucks must be removed from the unpaved parking lot by October 15, 1991. Vote on Amendment: 6-0. Amendment declared carried unanimously. Vote on Amended Motion: 6-0. Amended motion declared carried unanimously. NEW LIQUOR LICENSES: Moved by Wirth, seconded by Brown, to approve applications for the following new liquor licenses: (a) Class C Liquor - Coliseum, 2522 Chamberlain. (b) Special Class C Liquor - Cafe Beaudelaire, 2504 Lincoln Way. (c) 5-Day Class C Liquor - American Red Cross, 900 Dayton Road. Vote on Motion: 6-0. Motion declared carried unanimously. License applications for Outback and Open Flame were pulled from the agenda by the applicants. CHI OMEGA HOUSE PARTY AT THE COLISEUM: Moved by Campbell, seconded by Wirth, to approve a request from Chi Omega Sorority to be allowed to hold a house party involving underage people at the Coliseum while alcohol is being served on April 20, 1991. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. CENTER FOR AMORPHOUS SEMICONDUCTORS, INC.: Moved by Parks, seconded by Hertz, to adopt RESOLUTION NO. 91-111 approving contract extension request #2 for the CEBA contract between the City of Ames and the Iowa Department of Economic Development, on behalf of the Center for Amorphous Semiconductors, Inc., which will allow extension of the current contract to March 31, 1992, and continued funding at a rate of $10,899.99 per month between March 31, 1991, and March 31, 1992. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON REZONING PRAIRIE WEST: Mayor Curtis declared the hearing open. Don Heuss, 2137 Prairie View East, and Dick Woods, 2125 Prairie View East, gave a presentation in opposition to the proposed rezoning of Prairie West, generally located south of 24th Street and west of Prairie View East, to a PUD zone. They pointed out that most of the homeowners from Prairie View East were in attendance at the meeting to show their opposition to the rezoning. Mr. Woods stated that the entire subdivision, of which Prairie View East is a part, was originally platted and intended for low-density residential housing. Thus the residents are very opposed to an increase in density. Sandra McJimsey, Chairperson of the Planning and Zoning Commission, told the Council that of the seven members on the Planning and Zoning Commission, four members opposed this proposed PUD zone. She stated several reasons why they thought that a PUD would be inappropriate for the area of Prairie West, one of the most important being that they thought it would have an overwhelming negative effect on Prairie View East. William Lillis, 820 Liberty Building, Des Moines, appeared to represent Ames Housing Associates Limited, the company wishing to develop Prairie West. He provided a history of the area and stated his belief that the proposed PUD does comply with the City's Land Use Policy Plan. He thoroughly explained the PUD plan and the different types of housing planned for the area. He presented a letter to the Council regarding a traffic study which indicated that a traffic problem would not result from this project. He also provided information concerning a proposal to prevent traffic, except for emergency vehicles, from traveling between Prairie View East and Prairie West. Brian O'Connell, Director of Planning and Housing, described the broader neighborhood in which Prairie West is located, expounded upon the Statement of Intent of Section 29.47, Planned Residential Units, Authorized, Conditions of the Ames Municipal Code, and discussed permitted uses of PUD's. He explained how density is figured in a PUD and said that the number of units proposed for this PUD is within the allowed range. He pointed out that the developers of Prairie West have moved the multiple family dwellings as far west as possible in their plans in order to minimize any negative effect they might have on the single family dwellings in Prairie View East. Also, he showed the Council that an open space buffer is proposed by the developer on the east side of the PUD and extra parking will be provided. He reminded the Council that since a protest was filed concerning this zoning issue, five consenting votes are needed to approve the rezoning. Nancy Seitz, Prairie West Developer from Topeka, Kansas, informed the Council that she was still willing to be flexible on this project and she would be willing to meet with the neighbors to discuss it further. There were no further comments and the hearing was declared closed. Moved by Wirth, seconded by Parks, to adopt the proposed PUD and CDP for Prairie West. No vote was taken. Moved by Wirth, seconded by Parks, to pass on first reading an ordinance rezoning Prairie West from R1-6 and R-2 to R1-6 PUD and R-2 PUD. No vote was taken. Mr. Lillis stated that the developers would be willing to meet with the neighbors to discuss the density problem if the Council would like to table the matter. City Attorney Klaus reminded everyone present that the request for a PUD zoning change could not be brought back to the Council for one year if it was defeated at this meeting. Mayor Curtis declared a ten minute recess. Mayor Curtis reminded the developers of the one year limitation on a rezoning request. He said that he sensed an interest in a PUD for this area on the part of the Council along with a concern over the proposed density, which might result in a defeat of the rezoning request. Mr. Lillis asked the Council to approve the PUD but defer action on the rezoning request for two weeks to allow a meeting to be held with the neighborhood to work toward changes on which the Council could provide direction. Moved by Parks, seconded by Campbell, to table action on the PUD, CDP, and rezoning request for Prairie West until the next City Council meeting on April 23, 1991. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. Moved by Parks, seconded by Hoffman, to indicate support for a PUD for the Prairie West location. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. Council Members Parks and Hoffman volunteered to meet with the developers and the neighbors to attempt to reach a compromise. Council Member Parks left the room. HEARING ON SNOW AND ICE REMOVAL ASSESSMENTS: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Wirth, seconded by Hoffman, to adopt RESOLUTION 91-112 assessing the cost of sidewalk snow and ice removal to the property owners as shown below, directing the Finance Director to prepare a spread sheet, and directing the City Clerk to file the assessment with the Story County Treasurer. Lucious and Ruby Chieves - $120.20 912 9th Street Ames, Iowa 50010 Snow/ice removal at 621 Grand Avenue Work performed on December 13, 1990 Everett Cochrane - $ 57.00 P.O. Box 1099 Ames, Iowa 50010 Snow/ice removal at 213 S. Hyland Avenue Work performed on December 10, 1990 Everett Cochrane - $ 47.00 P.O. Box 1099 Ames, Iowa 50010 Snow/ice removal at 4208 Harris Street Work performed on January 5, 1991 Marjorie Cochrane - $ 75.20 P.O. Box 1099 Ames, Iowa 50010 Snow/ice removal at 4120 Harris Street Work performed on January 3, 1991 Marjorie Cochrane - $ 75.20 P.O. Box 1099 Ames, Iowa 50010 Snow/ice removal at 4128 Harris Street Work performed on January 3, 1991 Marjorie Cochrane - $ 75.20 P.O. Box 1099 Ames, Iowa 50010 Snow/ice removal at 4132 Harris Street Work performed on January 3, 1991 Bruce and Wendy Gartin - $ 90.20 1323 Kentucky Ames, Iowa 50010 Snow/ice removal at 1012 9th Street Work performed on December 7, 1990 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Council Member Parks returned to the room. SIDEWALK CAFE ORDINANCE: Moved by Hoffman, seconded by Brown, to pass on first reading an ordinance pertaining to sidewalk cafes. Council Member Brown left the meeting. Moved by Parks, seconded by Campbell, to amend the ordinance to require that a minimum of four feet of sidewalk be available for pedestrian traffic. Vote on Amendment: 5-0. Amendment declared carried unanimously. Vote on Amended Motion: 5-0. Amended motion declared carried unanimously. Moved by Hoffman, seconded by Wirth, to waive the rules required for the passing of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Parks, seconded by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3125 pertaining to sidewalk cafes. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. The Council recommended that a fee be set for the processing of sidewalk cafe applications. HATE CRIMES ORDINANCE: Moved by Parks, seconded by Hoffman, to pass on first reading an ordinance repealing the hate crimes ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Parks, to waive the rules required for the passing of an ordinance. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to pass on second and third readings and adopt ORDINANCE NO. 3126 repealing the hate crimes ordinance. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. DRUG TASK FORCE 28E AGREEMENT AND DRUG CONTROL SYSTEM IMPROVEMENT GRANT: Moved by Parks, seconded by Hertz, to adopt RESOLUTION NO. 91-113 approving the 28E Agreement coordinating a drug task force between the Ames Police Department, Story County Sheriff's Office, and the ISU Department of Public Safety and to adopt RESOLUTION NO. 91-114 approving the application for funds from the Drug Control System Improvement Grant by the Ames Police Department. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CHANGE ORDER ON 1990 WATER PROGRAM NO. 1: Moved by Campbell, seconded by Hoffman, to adopt RESOLUTION NO. 91-115 approving a Change Order on the 1990 Water Program No. 1 by deleting Crawford Avenue from the project and inserting Westwood Drive. City Manager Schainker explained the reasons why Staff was recommending that this proposed Change Order be made. Moved by Hoffman, seconded by Wirth, to amend the motion to add Crawford Avenue back into the 1990 Water Program No. 1 for installation of a 16" water main from 5th Street to 9th Street. Vote on Amendment: 4-1. Voting Aye: Campbell, Hoffman, Parks, and Wirth. Voting Nay: Hertz. Amendment declared carried. Roll Call Vote: 4-1. Voting Aye: Campbell, Hoffman, Parks, and Wirth. Voting Nay: Hertz. Resolution declared adopted as amended, signed by the Mayor, and hereby made a portion of these minutes. CITIZEN SATISFACTION SURVEY: Moved by Parks, seconded by Campbell, to approve the 1991 Resident Satisfaction Survey. Carol Collings, Budget Officer, discussed the supplemental questions suggested by Staff with the Council. Moved by Hertz, seconded by Hoffman, to amend the motion by deleting the questions listed under Capital Improvement Priorities concerning Ames Plan improvements and computerization of the library's card catalog. Vote on Amendment: 3-2. Voting Aye: Hertz, Hoffman, and Wirth. Voting Nay: Parks and Campbell. Amendment declared carried. Vote on Amended Motion: 5-0. Amended motion declared carried unanimously. GENERAL OBLIGATION REFUNDING BONDS AND ELECTRIC REVENUE REFUNDING BONDS: Moved by Parks, seconded by Campbell, to adopt the following resolutions and motions: 1. RESOLUTION NO. 91-116 fixing date of hearing on General Obligation Refunding Bonds in the amount of $2,395,000.00 maximum for April 23, 1991. 2. Motion to set date for sale of General Obligation Refunding Bonds for April 23, 1991. 3. RESOLUTION NO. 91-117 fixing date of hearing on Electric Revenue Refunding Bonds in the amount of $10,560,000.00 maximum for April 23, 1991. 4. Motion to set date for sale of Electric Revenue Refunding Bonds for April 23, 1991. Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the mayor, and hereby made a portion of these minutes. COMMENTS: Council Member Campbell pointed out that the fire debris on the property located at 307 Ash is not fenced off. City Attorney Klaus stated that liability on that property rests with Phi Kappa Tau and First National Bank. Moved by Campbell, seconded by Parks, to direct the City Attorney to contact the appropriate parties about the need for a fence at 307 Ash. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to refer Mike Myers request concerning exotic dancers in a bar on Main Street to the City Attorney. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 10:45 p.m. __________________________________ _____________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor