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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 02/27/1990MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 27, 1990 The Ames City Council met with the Ames School Board and the Story County Board of Supervisors as the Conference Board at 7:00 p.m. followed by a regular City Council meeting on the 27th day of February, 1990, in the Council Chambers of the City Administration Building, 621 Main Street, pursuant to law with Mayor Larry Curtis presiding and the following Council Members present: Brown, Campbell, Hertz, Hoffman, Parks, & Wirth. CONFERENCE BOARD MEETING The Ames Conference Board met at 7:00 p.m. February 27, 1990, in the Council Chambers of the Administration Building, pursuant to law, with Chairman Larry R. Curtis presiding and the following members present: City Council: Brown, Campbell, Hertz, Hoffman, Parks, and Wirth; Ames School Board: Anderson, McGinness, Shapiro, and Summers; Story County Board of Supervisors: Halliburton, Larson, and Mathison. APPROVAL OF MINUTES: Moved by Summers, seconded by Mathison, to approve the minutes of the February 13, 1990, meeting as written. Vote on Motion 3-0. Motion declared carried unanimously. HEARING ON PROPOSED BUDGET FOR CITY ASSESSOR'S OFFICE: Chairman Curtis opened the hearing. There were no comments and the hearing was closed. Moved by Summers, seconded by Campbell, to approve the City Assessor's budget as proposed for FY 90/91. Vote on Motion 3-0. Motion declared carried unanimously. REAPPOINTMENT OF CITY ASSESSOR: Moved by Campbell, seconded by Larson, to reappoint Richard Horn as City Assessor for another six years. Moved by Mathison to table action on the reappointment of the City Assessor until the first Council meeting in September. The motion died due to lack of a second. Moved by Summers, seconded by Campbell, to amend the original motion to make the reappointment effective January 1, 1991, contingent upon Richard Horn completing the required courses by that time. Vote on Amendment 3-0. Motion declared carried unanimously. Vote on Amended Motion 3-0. Motion declared carried unanimously. COMMENTS: There were no comments. ADJOURNMENT: The meeting was adjourned at 7:23 p.m. REGULAR MEETING OF THE AMES CITY COUNCIL PRESENTATION: Fred Miller, representing United Way, presented Mike Jons from the Ames Police Department with a telephone device that will be installed at the Police Station to allow hearing impaired individuals to communicate with the Police. CITY HALL OPEN HOUSE: Ted Tedesco and Jackie Manatt, Co-Chairs of the Celebrate Ames Committee, which is preparing for the City Hall Open House, displayed the logo which will be used on items for that event. They also explained their committee's request for funding for the event. Moved by Parks, seconded by Brown, to approve funding the Celebrate Ames Committee for the City Hall Open House with $9,400 from the contingency fund. Vote on Motion 6-0. Motion declared carried unanimously. PUBLIC ART FOR CITY HALL: Bob Kindred, Assistant City Manager, further explained the charge given by the City Council to the Ames Community Arts Council regarding art work in the new City Hall/Community Center. Carol Horowitz, Vice President of the Ames Community Arts Council announced that Lynnette Pohlman of Brunnier Gallery will be the Chairperson of a committee to deal with this charge. She also stressed that this committee needs a more definitive direction from the Council as to what they want from the committee and how much money will be available. Moved by Brown, seconded by Campbell, to have Mayor Curtis meet with Lynette Pohlman, Carol Horowitz, and Dee Hegstrom, President of Ames Community Arts Council, to better determine the make-up and charge of this committee and to report back to the Council. Vote on Motion 6-0. Motion declared carried unanimously. COMMUNITY CENTER POLICIES: Carol Horowitz asked the Council for their philosophy on the use of the new Community Center Auditorium. She also discussed the proposed fee structure and level of subsidy by the users. Moved by Brown, seconded by Campbell, to develop three different fee structures for the auditorium based on non-profit performing groups, non-profit non-performing groups, and profit groups. Nancy Carroll, Recreation Superintendent, explained the Staff's proposed fee structure for profit and non-profit groups. Lynn Lloyd, President of ACTORS, explained their tight profit margin and need for low fees. Council Member Brown withdrew her motion. Council Member Parks suggested that whatever action is taken, the fee structure should be re- evaluated after 6 months and again after 12 months of operation of the auditorium. Moved by Campbell, seconded by Hertz, that groups not be charged for air conditioning costs in the auditorium. Vote on Motion 5-1. Voting Aye: Brown, Campbell, Hertz, Hoffman, & Wirth. Voting Nay: Parks. Motion declared carried. Moved by Brown, seconded by Hoffman, to approve the Community Center Policies and Procedures with the fee schedule as proposed minus the $1/ticket surcharge. Moved by Brown, seconded by Wirth, to charge out-of-town groups the $1/ticket surcharge plus the flat fee. Council Member Brown withdrew the motion. Moved by Parks, seconded by Brown, to apply the waiver of the $1/ticket surcharge only to ACAC agencies. Vote on Motion 6-0. Motion declared carried. Vote on Motion 6-0. Motion declared carried as amended. Moved by Parks, seconded by Brown, to amend the motion to charge profit groups for air conditioning. Vote on Motion 2-4. Voting Aye: Brown & Parks. Voting Nay: Campbell, Hertz, Hoffman, & Wirth. Motion declared denied. The approved fee schedule for the Community Center is as follows: Non-Profit Event Profit Event $50 Minimum for up to 3 hours $150 Minimum for up to 3 hours $15/each additional hour $25/ each additional hour Non-Profit Extended Use Profit Extended Use (2-14 Day Maximum) (2-14 Day Maximum) Performance: (i.e., Performing Arts) Base: $400 $50/Day Plus 10% of Gross Receipts *$1/Ticket Surcharge or $200/Minimum whichever is greater. Other Events, Workshops, and Seminars: $200 Minimum or 10% of Gross Receipts whichever is greater. *This fee is waived for Ames Community Arts Council groups. Air conditioning and heating costs are included in the fee structure but their operation will be regulated by City Staff. OVER/UNDER ORDINANCE: Molly Olinger, GSB Senator and member of the Ad-Hoc Committee on the Over/Under Ordinance, Jason Hawthorne, representing the Greek System at ISU, and a representative of the Inter-Residence Hall Association spoke on behalf of continuing the Over/Under Ordinance past its April 1, 1990, sunset clause date. Chief Ballantine explained the procedures used by the Police Department to enforce the ordinance during the last year and provided the Council with some statistics on numbers of arrests in Ames' bars. Skip Welch, manager of the Cave Inn, spoke on behalf of the ordinance and requested that more responsibility for enforcement be placed on the bars. Mike Reeves, part-owner of Beamers, stated that there had been increased police enforcement in Beamers while the ordinance has been in effect and asked for increased communication between bar owners and the police. Officer Mike Jons provided a police officer's perspective of this ordinance. Each Council Member made brief statements in support of or in opposition to continuation of the ordinance. Moved by Parks, seconded by Hoffman, to pass on first reading the amended version of the ordinance pertaining to an exception to the prohibition of underage persons in bars. Roll Call Vote 2-4. Voting Aye: Hoffman & Parks. Voting Nay: Brown, Campbell, Hertz, & Wirth. Motion declared denied. PLANNING AND HOUSING DEPARTMENT STAFF WORKLOAD: Brian O'Connell, Director of Planning and Housing, and City Manager Schainker detailed the various projects that must be completed by the Planning and Housing Department and suggested a priority listing and work schedule for completing these projects. Moved by Parks, seconded by Brown, to approve the priorities and work schedule of the Planning and Housing Department as proposed by Staff. Moved by Hertz, seconded by Wirth, to amend the schedule by moving work on the historic survey forward and work on the HM ordinance back. Vote on Motion 2-4. Voting Aye: Hertz & Wirth. Voting Nay: Brown, Campbell, Hoffman, & Parks. Motion declared defeated. Vote on Motion 4-2. Voting Aye: Brown, Campbell, Hoffman, & Parks. Voting Nay: Hertz & Wirth. Motion declared carried. CONSENT AGENDA: One item was pulled from the Consent Agenda for separate consideration. Moved by Parks, seconded by Brown, to approve the following remaining items on the Consent Agenda. 1. Motion to approve minutes of the February 3-10, 1990, budget meetings and the February 13, 1990, City Council meeting. 2. Motion to approve payment of claims totalling $3,019,365.85. 3. Motion to approve renewal of the following beer & liquor licenses: (a) Class A Liquor License - BPOE Elks, 522 Douglas. (b) Class C Beer Permit - Swift Stop, 412 South Duff. 4. Motion to approve certification of Civil Service applicants. 5. RESOLUTION NO. 90-50 approving appointment of Gloria Johnston to Project Share Committee. 6. Motion to set date of public hearing for March 7, 1990, for rezoning of property located at 2319 Timberland Road. 7. RESOLUTION NO. 90-51 approving grant amendment for additional funds for airport. 8. RESOLUTION NO. 90-52 approving payment of $1,390 dues from the contingency fund to the United States Conference of Mayors. 9. RESOLUTION NO. 90-53 approving $2000 funding from the contingency fund for ISU graduate student working on AMTRAK project. 10. RESOLUTION NO. 90-54 approving contract and bond from Ames Trenching and Excavating for 1989 Storm Sewer Erosion Control Project. 11. RESOLUTION NO. 90-55 proposing conveyance of property at intersection of Carnegie Avenue and Lincoln Way to Friedrich & Sons and setting date of hearing for March 7, 1990. 12. RESOLUTION NO. 90-56 reaffirming restrictions on use of land acquired with federal funds for parks. 13. RESOLUTION NO. 90-57 authorizing Mayor to execute restrictive covenants for property located at 1018 Kellogg. Roll Call Vote 4-0. (Council Members Hoffman and Campbell were out of the room during this vote.) Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SMOKING REGULATION IN CITY BUILDINGS: Moved by Parks, seconded by Brown, to direct the City Attorney to prepare an ordinance regulating smoking in City buildings. Vote on Motion 6-0. Motion declared carried unanimously. PUBLIC FORUM: No one appeared for this portion of the meeting. HEARTBEAT CHALLENGE ROAD RACE: Moved by Parks, seconded by Campbell, to approve the request from Phi Delta Theta Fraternity and the Ames Area Running Club for waiving of mandatory use of the sidewalks and closure of Sheldon Avenue on Saturday, March 31, 1990, for the Heartbeat Challenge Road Race, subject to confirmation of the required insurance coverage. Vote on Motion 6-0. Motion declared carried unanimously. GREEK WEEK ACTIVITIES: Moved by Campbell, seconded by Parks, to approve the request from Greek Week, Inc. to close the following streets on March 31, 1990, from 8:00 a.m. to 5:00 p.m. for the Greek Olympics: Sunset Drive from Beach to Gable Lane, Gray Avenue from Greeley to Gable Lane, Greeley Street from Gary to Pearson Avenue, and Gable Lane from just after Buchanan Hall driveway to Sunset Drive. Vote on Motion 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Hoffman, to approve the request from Greek Week, Inc. to close Pearson Avenue and Sunset Drive on March 25, 1990, for the Greek Week Torchlight and Kickoff event. Vote on Motion 6-0. Motion declared carried unanimously. Carrie Waldon and Brad Carver, representing Greek Week, Inc., explained their plans for their annual "Night Out on the Town" event and stated that since college I.D.'s would be required, high school students would be denied entrance to the participating bars. Moved by Campbell, seconded by Hoffman, to approve the request from Greek Week, Inc. to be allowed to hold a "Night Out on the Town" on March 28, 1990. Vote on Motion 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, & Wirth. Voting Nay: Brown. ENCROACHMENT PERMIT FOR 4625 RELIABLE STREET: Moved by Parks, seconded by Hertz, to approve a request from Douglas Havlik for an encroachment permit for property located at 4625 Reliable Street. Vote on Motion 6-0. Motion declared carried unanimously. BRUSH BURNING ON EAST LINCOLN WAY: Moved by Brown, seconded by Campbell, to direct Staff not to enforce provisions of Chapter 10.8 thus allowing Mr. & Mrs. Fred Lange to burn some brush piles on their property at 1518 East Lincoln Way with the stipulations that the incineration be accomplished within the next thirty days, that no tires be used in the fire, and that gasoline not be used as an accelerant. Vote on Motion 6-0. Motion declared carried unanimously. HEARING ON BEAMERS' LIQUOR LICENSE: Mayor Curtis opened the hearing. There were no comments and the hearing was declared closed. Moved by Brown, seconded by Campbell, to approve renewal of the Class C Liquor License for Beamers/Foul Play, 2522 Chamberlain. Vote on Motion 6-0. Motion declared carried unanimously. HEARING ON LINCOLN WAY AND SOUTH DAKOTA IMPROVEMENTS PROJECT: 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. 90-58 awarding a contract for the Lincoln Way and South Dakota Avenue Intersection Improvements to Con-Struct, Inc. in the amount of $306,294.39 subject to the concurrence of the Iowa DOT and Federal Highway Administration. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON FY 1990/91 MUNICIPAL BUDGET: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 90-59 amending the FY 1989/90 budget to reflect an additional, unexpected $44,855.00 of assessed valuation which was not approved in February, 1989. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 90-60 approving and adopting the proposed FY 1990/91 Municipal Budget as amended. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. BLANKET BONDS FOR PUBLIC OFFICIALS: Moved by Campbell, seconded by Brown, to pass on first reading an ordinance changing the present bonding requirements to allow the purchase of a fidelity bond in an amount to sufficiently cover the Mayor, Mayor Pro Tem, and other City employees. Roll Call Vote 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to waive the rules required for the passing of an ordinance. Roll Call Vote 6-0. Motion declared carried unanimously. Moved by Parks, seconded by Campbell, to pass on second and third readings and adopt ORDINANCE NO. 3071 changing the present bonding requirements to allow the purchase of a fidelity bond in an amount to sufficiently cover the Mayor, Mayor Pro Tem, and other City employees. Roll Call Vote 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE GRANTING RENEWED FRANCHISE TO HERITAGE CABLEVISION: Moved by Parks, seconded by Campbell, to pass on second reading an ordinance renewing the agreement with Heritage Cablevision for cable operator privileges within the City of Ames. Roll Call Vote 6-0. Motion declared carried unanimously. ORDINANCE REVISING CHAPTER 25, MUNICIPAL CODE, PERTAINING TO CABLE TELEVISION: Moved by Parks, seconded by Hoffman, to pass on second reading an ordinance revising Chapter 25 of the Municipal Code pertaining to cable television. Roll Call Vote 6-0. Motion declared carried unanimously. FINAL OFFER FOR KINGSBURY CONDEMNATION: Moved by Brown, seconded by Campbell, to adopt RESOLUTION NO. 90-61 authorizing a settlement offer of $250,000.00 in the Kingsbury condemnation case. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CUSTODIAL SERVICE AT CITY HALL: Moved by Campbell, seconded by Wirth, to adopt RESOLUTION NO. 90-62 awarding a contract for custodial services at the City Hall/Community Center to Royal Cleaning Service of Ames, Iowa, for the period from approximately April 1, 1990, through June 30, 1991, as follows: Monthly Bid Amount: $6,195.00 On-Call Service: 9.00/hour, $20.00 minimum Steam Clean Carpet: .14/sq. ft. for 175-500 sq. ft. .12/sq. ft. for 501-1500 sq. ft. .11/sq. ft. for 1501-3000 sq. ft. .10/sq. ft. for 3001-5000 sq. ft. .09/sq. ft. for over 5000 sq. ft. Chemstractor Carpet Clean: .09/sq. ft. for 500 sq. ft. .08/sq. ft. for 1500 sq. ft. .07/sq. ft. for 3000 sq. ft. .06/sq. ft. for 5000 sq. ft. .05/sq. ft. for 7000 sq. ft. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes . RADON MEASUREMENT AND REPORTING ORDINANCE: Laurent Hodges, professor from ISU, and Ken Wiggers, owner of a radon testing company in Ames, spoke on behalf of a radon measurement and reporting ordinance for the City of Ames. Keith Denner, rental property manager, and Kent Cooper, rental property owner, spoke in opposition to the proposed radon ordinance. Moved by Parks, seconded by Brown, to not pursue a radon measurement and reporting ordinance any further at this time. Vote on Motion 6-0. Motion declared carried unanimously. AMENDMENT TO P-C PLAN FOR CUB FOODS: Moved by Campbell, seconded by Parks, to adopt RESOLUTION NO. 90-63 approving an amendment to the P-C Plan for Cub Foods, located at 3121 Grand Avenue, allowing installation of signage on the east side of the Cub Foods structure to identify the banking use within the store and denying signage on the north side of the structure. 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 PROPERTY AT 417 6TH STREET: Moved by Brown, seconded by Campbell, to adopt RESOLUTION NO. 90-64 approving a P-C Plan for property located at 417 6th Street as submitted by the owner, Phyllis Youngren, with the stipulations that the certified topographic survey be waived and that the driveway drainage be diverted away from the electric manhole and with the following impermissible uses: apothecary shop; barber shop; beauty shop; business office; gasoline service station; grocery, fruit, or vegetable store; hotel/motel; professional office; restaurant; retail store; studio (photography, artist, dance, or musician); other retail and service establishments; and a residential corrections facility. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ANNEXATION OF PROPERTY LOCATED AT 2319 TIMBERLAND ROAD: Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 90-65 approving annexation of property located at 2319 Timberland Road with the stipulation that the applicant must pay the required connection fees to tap into the City sewer system. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CEBA APPLICATION FOR AMES COMPUTER FORMS: Moved by Campbell, seconded by Brown, to adopt RESOLUTION NO. 90-66 approving the submission of a CEBA Grant Application to the Department of Economic Development on behalf of Ames Computer Forms. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. RESOURCE RECOVERY PLANT FREE DAY: Moved by Brown, seconded by Parks, to designate April 21, 1990, as a free day at the Ames Resource Recovery Plant and to modify the current regulations to have the second Saturday of the month from April to September be designated as free days starting in 1991. Vote on Motion 6-0. Motion declared carried unanimously. COMMENTS: There were no comments. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. _______________________________ ___________________________________ Nancy Dionigi, City Clerk Larry R. Curtis, Mayor