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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/23/1991MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 23, 1991 The Ames City Council met in regular session at 7:00 p.m. on Tuesday, April 23, 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. JOINT MEETING WITH PLANNING AND ZONING COMMISSION: The following members of the Planning and Zoning Commission were present: Allen, Clarke, Espeland, McJimsey, and Pike. Commission Members Moehlmann and Swanson were absent. Sandra McJimsey, Chairperson of the Planning and Zoning Commission, explained that the Commission requested a joint meeting to obtain direction from the Council on whether further study of the Hospital/Medical Zone should be conducted by Staff prior to a decision being made by the Commission on a possible expansion of the zone's boundaries. Discussion focused on whether the boundaries of the HM Zone should be expanded, whether ancillary uses in the zone should be allowed to increase, and whether specific types of medical uses should be excluded from the zone. Moved by Brown, seconded by Campbell, to direct Staff to look at the concept of considering the HM Zone as a hub. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Hoffman requested the City Attorney to provide further information to the Council concerning the possibility of tightening up the list of permitted uses in the HM Zone. POPPY DAYS: Mayor Curtis presented a proclamation to Annette Thompson proclaiming May 17 and 18, 1991, as Poppy Days in Ames. HISTORIC PRESERVATION WEEK: Riad Mahayni, Chairman of the Historic Preservation Commission accepted a proclamation from Mayor Curtis proclaiming May 12 through 18, 1991, as Historic Preservation Week in Ames. ARBOR DAY: A proclamation designating April 24, 1991, as Arbor Day in Ames was presented to Don Keltner, Staff Member of the Ames Beautification Committee, by Mayor Curtis. BOYS AND GIRLS CLUB WEEK: Mark Albaugh and Mary Sterling, from the Ames Boys and Girls Club, received a proclamation from Mayor Curtis proclaiming the week of April 22 through 27, 1991, as Boys and Girls Club Week in Ames. ACROSS AMERICA TENNIS DAY: Mayor Curtis presented a proclamation to Shirley Malaby and Gladys Colwell proclaiming May 11, 1991, as Across America Tennis Day in Ames. CONSENT AGENDA: Moved by Brown, seconded by Parks, to approve the following items on the Consent Agenda. Motion to approve minutes of the special City Council meeting of April 4, 1991, and the regular City Council meeting of April 9, 1991. Motion to approve payment of claims totalling $2,226,869.15. Motion to approve renewal of the following beer and liquor licenses: (a) Special Class C Liquor - Great Plains Sauce and Dough, 129 Main. (b) Class C Liquor - Thumbs, 2816 West Street. (c) Class C Beer - Dell Oil, 508 South Duff. (d) Class C Beer - CI Country Corner, 2400 Elwood Drive. Motion to set June 11 and 25, July 9 and 23, and August 13 and 27 as City Council meeting dates. Motion to refer to Planning and Zoning Commission request for annexation of a portion of Bloomington Heights Subdivision. RESOLUTION NO. 91-118 setting a $20 fee for processing sidewalk cafe applications. RESOLUTION NO. 91-119 approving contract and bond of Harold Pike Construction Company for the Cable TV/Public Access Remodeling Project in the amount of $44,800.00. RESOLUTION NO. 91-120 approving contract and bond of Ames Trenching and Excavating for the 1991 Footing Drain Program Number One in the amount of $89,671.18. RESOLUTION NO. 91-121 accepting bids and awarding a contract to Bell Salvage in the amount of $36/ton for shredded steel baling. RESOLUTION NO. 91-122 authorizing Mayor to sign mortgage and promissory note documents in connection with City's Affordable Housing Program. RESOLUTION NO. 91-123 approving release of mortgages for ten year forgivable loans under the City's 1980-91 Housing Rehabilitation Program. RESOLUTION NO. 91-124 accepting completion of the contract with WESCO for Electric Tie Line Transmission Materials Schedule 3 - Miscellaneous Materials in the amount of $294,234.88. RESOLUTION NO. 91-125 accepting completion of 1990 Footing DrainProgram No. 1 by VanHauen & Keller in the amount of $112,674.40. RESOLUTION NO. 91-126 accepting completion of contract with L. E. Meyers Co. to reconductor 69 KV line from Top-O-Hollow to Stange Substation in the amount of $98,002.71. RESOLUTION NO. 91-127 approving preliminary plans and specifications for Unit #7 Cooling Tower Repair; and setting May 29, 1991, as date to receive bids and June 11, 1991, as date of hearing and award of contract. RESOLUTION NO. 91-128 approving preliminary plans and specificationsfor the 1991 Bituminous Seal Coat Project; setting June 3, 1991, as bid due date and June 11, 1991, as date of hearing and award of contract. Roll Call Vote: 6-0. 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. MARY GREELEY MEDICAL CENTER: Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 91-129 approving a lease for space in the lower level of the McFarland Clinic building addition for use as an expanded outpatient therapy clinic,by Mary Greeley Medical Center by Mary Greeley Medical Center, subject to receipt of a certificate of occupancy from the City. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. FELLOWS ELEMENTARY SCHOOL: Moved by Hoffman, seconded by Parks, to approve a request from Fellows Elementary School PTA to allow the Electric Department to auger 15 to 18 holes for playground equipment free of charge. Vote on Motion: 6-0. Motion declared carried unanimously. NEW LIQUOR LICENSE: Moved by Parks, seconded by Hertz, to approve a Class C Liquor license for O'Malley and McGee's Mexican Cafe II, 547 Main Street. Vote on Motion: 6-0. Motion declared carried unanimously. The application for a liquor license for Open Flame Steak and Lounge was withdrawn by the applicant. EXTENSION OF PREMISES FOR THE FOX: Moved by Brown, seconded by Hoffman, to approve a request for an extension of premises for the Class C Liquor License for The Fox I, 111 South 5th Street, subject to compliance with all applicable Code requirements. Vote on Motion: 6-0. Motion declared carried unanimously. EXTENSION OF PREMISES FOR THE GRUBSTAKE: Moved by Campbell, seconded by Hoffman, to approve a request for an extension of premises for The Grubstake, 2512 Lincoln Way, subject to compliance with all applicable Code requirements. Vote on Motion: 6-0. Motion declared carried unanimously. ALPHA KAPPA PSI FRATERNITY: Moved by Campbell, seconded by Hoffman, to approve the request from Alpha Kappa Psi to permit persons of under the legal age to be on the licensed premises of That Place during a social event on April 26, 1991. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. HEARING ON ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Wayne Burggraaff, Senior Vice President with Evensen Dodge, Inc., summarized the results of the bid openings, which were held earlier in the day, for the General Obligation Refunding Bonds and the Electric Revenue Refunding Bonds. He stated that the issue size for the General Obligation Refunding Bonds had to be adjusted by $5,000 and the issue size for the Electric Revenue Refunding Bonds had to be adjusted by $25,000 since the interest rates were lower than what was anticipated. Mr. Burggraaff said that the City would realize interest savings of $648,000 over a ten year period, which would equal $555,330 in present value savings as a result of selling these refunding bonds. Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 91-130 approving the sale and issuance of not to exceed $2,395,000 General Obligation Refunding Bonds to Harris Trust and Savings Bank. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ISSUANCE OF ELECTRIC REVENUE REFUNDING BONDS: 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 NO. 91-131 approving the sale and issuance of not to exceed $10,560,000 Electric Revenue Refunding Bonds to Dean Witter Reynolds, Inc. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONTINUATION OF HEARING ON PRAIRIE WEST REZONING: William Lillis, Attorney for Mid-Land Residential Ventures, Inc., summarized the changes in the proposed PUD for Prairie West as revised by the developer after meeting with City Staff and residents of Prairie View East. He stressed that the density of housing in the area had been reduced from 108 units to 92 units. Nancy Seitz, Developer of Prairie West, provided further information about the housing units and lot sizes. Kim Heckert, 2120 Prairie View East, stated that this proposed PUD plan would still have a direct adverse impact on Prairie View East because of the massive size of the buildings, increase in traffic and parking, and density of housing units. He said that the residents of Prairie View East would like to see no more than sixty housing units located in nothing larger than 4-plexes and 6-plexes in Prairie West. Brian O'Connell, Director of Planning and Housing, reminded the Council that only the original PUD and not the revised PUD could be considered at this meeting. He stated that if the Council Members were interested in the revised PUD, they should table the matter and request the developer to prepare a more detailed PUD and submit it to Staff. Mr. Lillis informed those present that the developer is at her bottom line with the plan for 92 units. Moved by Brown to deny approval of the PUD for Prairie West. The motion died for lack of a second. Moved by Parks, seconded by Campbell, to table the issues of the PUD, rezoning, and CDP for Prairie West until May 14, 1991, to allow time for a more detailed, revised PUD to be prepared. Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay: Brown. Motion declared carried. HEARING ON 1990 SANITARY SEWER REHABILITATION PROGRAM: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Paul Wiegand, Director of Public Works, recommended that the Council approve the contract for the 1990 Sanitary Sewer Rehabilitation Program and also approve a change order to the project. He stated that both bidders indicated that they would not have a problem with this action. Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 91-132A approving final plans and specifications and awarding a contract to Van Hauen-Keller Contractors, Inc. in the amount of $82,524 for the 1990 Sanitary Sewer Rehabilitation Program and to adopt RESOLUTION NO. 91-132B approving a change order to that program to delete the manhole replacement project on State Avenue and sewer repair on Illinois Avenue which reduces the project by $48,000. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SEXUAL ORIENTATION ORDINANCE: Lise Ievalts, Chairperson of the Ames Human Relations Commission, informed the Council that the Commission endorses the proposed change to the City Code concerning sexual orientation. She said that during a year of study the Commission and the ISU Task Force on Equality discovered that discrimination based on sexual orientation does exist in Ames. She pointed out that this same type of ordinance has been in effect for 15 years in Iowa City and has caused no problems. The Council heard one-half hour of comments from supporters of the ordinance and one-half hour from the opponents of the ordinance. The following speakers supported the ordinance: Susan Franzen, 1216 Scott, representing the Ames Civil Rights Task Force; Keith Schrag, representing the Ames ISU Task Force on Equality; Mark Washington, 1303 Kellogg, representing the Ames ISU Task Force on Equality; Judy Dolphin, 1925 Hunziker Drive, representing the YWCA; Phillip O'Berry, 3319 Woodland; Karen Phillips, 215 E. 6th Street, representing Parents and Friends of Lesbians and Gays; Michael Fortune, 607 Carroll, representing Gays and Lesbians of Ames; James Schafer, representing ISU's Gays, Lesbians, and Bisexuals; Suzanne Zilber, 2823 Ontario; Eldon Epp, 309 Lynn, Mennonite Minister; Sydney Morris, 1215 Scholl Road, Minister of the Unitarian Fellowship; Deborah Fink, 222 South Russell, representing Ames Friends Meeting; Michael Montgomery, co-minister of the United Church of Christ; and Newton Vensel, 1243 Hoffman Court, representing United Students of Iowa. Their comments centered on the importance of providing equal rights and protection under the law for all people. The following people opposed the ordinance: Craig Hastings, R. R. 4; Tom Nesbitt, 719 16th Street, Pastor of Grand Avenue Baptist Church; Donald Powers, 2538 Eisenhower, County Coroner; Ken Augustine, 2423 Duff; Don Payer, 3810 South Duff; Gary Pilscher, 3218 Hoover; Nancy Stix, 228 South Kellogg; and Dee Baccus, representing Students Against Perversion. Their comments emphasized their religious beliefs against homosexuality and their concern that this ordinance might serve as an endorsement of that lifestyle. Council Member Parks briefly mentioned some pros and cons of the ordinance that he had considered in arriving at a decision on this issue. He said that he thought this addition to the ordinance would be hard to enforce, but it would probably not do any harm. Moved by Campbell, seconded by Brown, to pass on first reading an ordinance amending the Human Relations Chapter of the Municipal Code to add sexual orientation as a prohibited form of discrimination. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE ESTABLISHING SPEED LIMIT ON OAKWOOD ROAD: Moved by Wirth, seconded by Hoffman, to adopt an ordinance establishing a 45 mph speed limit on Oakwood Road from State Street to Elwood Drive. Roll Call Vote: 6-0. Motion declared carried unanimously. DAYTON ROAD/LINCOLN WAY INTERSECTION FUNDING: City Manager Schainker explained that due to an increase in costs for this project to modify the Dayton Road/Lincoln Way intersection, the project must be delayed for a year and a revised application must be filed with the Iowa Department of Transportation for increased funding. Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 91-133 approving resubmittal of an application to the Iowa Department of Transportation for traffic safety funding for the Dayton Road/Lincoln Way intersection modification project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADOPT-A-STREET PROGRAM: This item was pulled from the agenda. BLOOMINGTON HEIGHTS SUBDIVISION: Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 91-134 approving the development agreement for Bloomington Heights Subdivision. Allen Trenkle, R. R. 2, asked the Council to consider requiring the developers of Bloomington Heights to change the name of the subdivision since the original town of Bloomington was located northeast of Ames rather than in the area of this subdivision. Dean Olson, R. R. 1, supported Mr. Trenkle's request by explaining how Bloomington Road got its name and suggesting that the heritage of the area be maintained. Council Member Hoffman said that she thought it would be confusing to change the name at this point. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Brown, seconded by Hoffman, to adopt RESOLUTION NO. 91-135 approving the CDP for Bloomington Heights Subdivision with the following stipulations: 1. That the developer complete construction of the section of Bloomington Road that abuts this proposed subdivision, which includes additional paving of the roadway as well as completion of the curb and gutter. 2. That annexation and rezoning of the property that includes proposed lots 9 through 223 be approved prior to the City's approval of the Administrative Plat for these lots. 3. That the developer construct a bicycle path which complies with the Bicycle Route Master Plan and City specifications, on the north side of Bloomington Road, and along the south side of Harrison Road. 4. That the developer deposit money in escrow to cover one-half of the cost of the minimum roadway width of Grant Avenue (31 feet), at the time of approval of the final plat, for land abutting Grant Avenue. 5. That the cost of construction for the 500 feet of Eisenhower Avenue, immediately north of Bloomington Road, be financed through a street assessment program with the developer being required to deposit with the City their share of the cost of the construction of the street prior to the award of bids for this assessment program. 6. That the roadway width of Eisenhower Avenue, Stonebrooke Road, and Harrison Road be 31 feet wide from back-of-curb to back-of-curb, with on-street parking allowed only on one side. 7. That the roadway width of all streets in Bloomington Heights Subdivision, except for Eisenhower Avenue, Stonebrooke Road, and Harrison Road, be 27 feet wide from back-of- curb to back-of-curb, with on street parking allowed only on one side. Jerry Oliver, representing Iowa Realty, presented the history of this area, discussed plans for development of 223 single family dwellings, and asked that the name be allowed to remain the same due to the amount of money already tied up in that name. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. P-C PLAN FOR MAYFAIR CLEANERS & PIZZA HUT: Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 91-136 approving a P-C Plan amendment to allow the installation of an awning-type sign at 707/711 24th Street, as shown in Plan A as proposed by the owners, Mayfair Cleaners and Launderers and Pizza Hut Delivery. Moved by Hertz, seconded by Brown, to amend the motion to require the removal of the phone number from the awning for Pizza Hut Delivery to remain consistent with other signs in the area. Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting Nay: Parks. Amendment declared carried. Roll Call Vote on Amended Motion: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SUPERVISED GROUP HOMES: Brian O'Connell, Director of Planning and Housing, told the Council that the Planning and Zoning Commission and Staff would like clear direction from the Council concerning the location of supervised group homes. Council Member Wirth said that she would like to see group homes with more than eight people allowed in any residential area. Moved by Brown, seconded by Wirth, to request the Planning and Zoning Commission to look at possible criteria, as suggested by Staff, for group homes with more than eight people as long as the criteria does not include a zoning designation. Vote on Motion: 4-2. Voting Aye: Brown, Hertz, Hoffman, and Wirth. Voting Nay: Campbell and Parks. Motion declared carried. UTILITY RETIREMENT SYSTEM: Alice Carroll, Finance Director, explained the proposed changes to the Utility Retirement System. Moved by Hoffman, seconded by Brown, to direct the City Attorney to draft an ordinance approving implementation of the first year of the long-range Utility Retirement System Benefit Improvement Plan's primary goals and approving implementation of the first phase for FY 1991/92 increasing the basic retirement benefit formula to 1.85% for new retirees and 2.05% for those retired five years or more, implementing a 1.25% annual adjustment for disability retirees after five years and reducing the normal retirement age to 62. Vote on Motion: 6-0. Motion declared carried unanimously. OFFICE SPACE FOR INFORMATION SERVICES: Moved by Brown, seconded by Hoffman, to adopt RESOLUTION NO. 91-137 authorizing the Mayor to sign a lease with the American Red Cross of Ames to rent second floor office space at 426 1/2 Fifth Street for the Information Services Division. Roll Call Vote: 5-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, and Wirth. Voting Nay: Parks. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Council Member Brown left the room. Moved by Hoffman, seconded by Campbell, to adopt RESOLUTION NO. 91-138 approving preliminary plans and specifications for refurbishing of office space for the Information Services Division and setting May 7, 1991, as the date to receive bids, the date of hearing, and the award of contract. Roll Call Vote: 4-1. Voting Aye: Campbell, Hertz, Hoffman, and Wirth. Voting Nay: Parks. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Council Member Brown returned to the room. COMMUNITY CENTER AUDITORIUM: Nancy Carroll, Recreation Superintendent, updated the Council on the status of renovation to the stage area of the Community Center Auditorium and informed them that a fire curtain needs to be purchased in order for the renovation to proceed. City Manager Schainker recommended that a fire curtain be financed from the contingency fund. Moved by Parks, seconded by Campbell, to adopt RESOLUTION NO. 91-139 authorizing purchase of a fire curtain for the Community Center Auditorium at a cost not to exceed $9,995 with funding to be obtained from the City's contingency account. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ZONING BOARD OF ADJUSTMENT: Moved by Wirth, seconded by Brown, to direct Staff Members working with the Zoning Board of Adjustment to proceed with the following: 1. To develop and implement a training and education program (at least one session annually) for members of all quasi-judicial boards. 2. To make an oral presentation of their findings and recommendations for each case requiring ZBA action. 3. To assist ZBA members in focusing on the required criteria contained in the City Code when discussing cases. John Helmuth and Jim Merideth, members of the Zoning Board of Adjustment, opposed these suggested changes. City Attorney Klaus explained the quasi-judicial nature of the Zoning Board of Adjustment. Moved by Brown, seconded by Wirth, to table action on this item. Vote on Motion: 2-4. Voting Aye: Brown and Wirth. Voting Nay: Campbell, Hertz, Hoffman, and Parks. Motion declared denied. Vote on Original Motion: 1-5. Voting Aye: Wirth. Voting Nay: Brown, Campbell, Hertz, Hoffman, and Parks. Motion declared denied. COMMENTS: There were no comments. ADJOURNMENT: The meeting was adjourned at 11:25 p.m. _________________________________ ______________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor