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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/09/1990MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 9, 1990 The Ames City Council met in regular session at 7:30 p.m. on October 9, 1990, in the 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. WHITE CANE DAY: Mayor Curtis presented a proclamation to Sandy Ryan, Deb Smith, and Callie Smith proclaiming October 15, 1990, as White Cane Day in Ames. GLOBAL AWARENESS WEEK: Mayor Curtis presented a proclamation to Carolyn Jons, President of the Ames School Board, proclaiming the week of October 21, 1990, as Global Awareness Week in Ames. AMES BEAUTIFICATION AWARDS: Bill LaGrange and Don Keltner presented the following beautification awards on behalf of the Ames Beautification Committee: Damaris Pease, Polly Gossard, Jack & Mary Swanson, John & Janet McKee, Curtis & Roxanne Benson, Richard & Laura Diemer, Margaret White, William & Terri Kruse, Vernon & Sybil Stone, Vern & Ruby Millard, Myron & Bernice Goff, Clio & Mildred Brown, Gary & Carlie Tartakov, Roger & Carol Volker, Joseph & Bettie Songer, Clifford & Ruth Smith, Robert & Patricia Post, Daniel & Julia Betts, James & Ila Herrick, Leo & Betty Schneider, Story County Master Gardeners, Ames Kiwanis Club, Ames Garden Club, and Ames Parks and Recreation Department. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING: Mayor Curtis presented a Certificate of Achievement for Excellence in Financial Reporting to Sue Rybolt, Assistant Finance Director. DRUG FREE ZONES: Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 90-356 supporting drug free zones around Ames Community School buildings. Sergeant Mike Smith explained the concept of drug free zones, Todd Larson of the Ames Noon Kiwanis Club described the "Know To Say No" program being sponsored by the Kiwanis in the Ames Schools, and Lu Kiser thanked the Council for support of the drug free zones. Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. CONSENT AGENDA: One item was pulled from the Consent Agenda for separate consideration. Moved by Parks, seconded by Wirth, to approve the following items on the Consent Agenda. 1. Motion to approve payment of claims totalling $2,022,221.50. 2. Motion to approve certification of Civil Service applicants. 3. Motion to approve renewal of the following beer and liquor licenses: (a) Class C Beer Permit - That's Entertainment, 129 Lincoln Way. (b) Class E Beer Permit - QuikTrip #537, 111 Duff Avenue. (c) Class E Beer Permit - Jarco Stores, 104 Lincoln Way. (d) Class C Liquor License - O'Malley & McGee's Mexican Cafe, 716 South Duff. (e) Class E Beer Permit - Save-U-More, 538 South Duff. (f) Class C Beer Permit - Arnie's Petro Palace, 821 Lincoln Way. (g) Class B Beer Permit - Long John Silver's, 533 Lincoln Way. 4. Motion to set October 23, 1990, as date of public hearing for rezoning of Prairie View Subdivision located on Prairie View East. 5. Motion to set October 23, 1990, as date of public hearing to consider rezoning of vacant land located directly west of First Addition to Prairie View Subdivision. 6. Motion to refer to staff request for designation of school bus loading zone at Sawyer Elementary School. 7. Motion to approve encroachment permit for canopies on property located at 2424, 2426, and 2430 Lincoln Way. 8. Motion to accept report of bids and delay award of contract for street sweeper. 9. RESOLUTION NO. 90-357 awarding contract to ConStruct, Inc. in the amount of $11,250 for excavation and placement of rip-rap at Lloyd Kurtz Footbridge. 10. RESOLUTION NO. 90-358 accepting water main extension and fire hydrant on Lot 1, Northwood Plaza Addition (Cub Foods). 11. RESOLUTION NO. 90-359 accepting water main, sanitary sewer, electric duct and related appurtenances on Lots 1 thru 6, Block 8, Duff's Addition (relocated utilities from Douglas Avenue for McFarland Clinic expansion). 12. RESOLUTION NO. 90-360 accepting water main extension and fire hydrant on Lot 5, Southtown Addition (Ames Fitness and Racquet Club expansion). 13. RESOLUTION NO. 90-361 approving contract and bond of L. E. Myers Co. for Iowa Electric Tie Line Transmission Construction. 14. RESOLUTION NO. 90-362 approving contract and bond for Keith Enterprises for Boone Junction to Stange, 69 KV Transmission Line Contract No. S2 - Substation Construction. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CITY COUNCIL MINUTES: It was pointed out that during the discussion of the Hallett's Quarry issue during the Council meeting on September 25, 1990, Bob Wessel rather than Bob Russell spoke. Also, Council Member Campbell seconded the first motion concerning Hallett's Quarry. Moved by Hertz, seconded by Brown, to approve the minutes of the special City Council meeting of September 18, 1990, and the minutes of the regular City Council meeting of September 25, 1990, as amended. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: Bob Shaffer, 618 Freel Drive, complimented the Public Works Department for their improvements to Lincoln Way in Campustown. CONCESSION STAND AT BROOKSIDE PARK: Moved by Campbell, seconded by Hoffman, to approve the request from the Ames High Dug Out Club for a waiver of all permit fees necessary for the construction of a concession stand at Brookside Park. CIRCUS ANIMAL WALK: Moved by Campbell, seconded by Brown, to approve the request from the Iowa State Center to allow the animals from the Ringling Brothers Barnum and Bailey Circus to walk from the Hazel Street railroad crossing to the Iowa State Center on October 18, 1990. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON REZONING 100 BLOCK OF CAMPUS AVENUE: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Brian O'Connell, Director of Planning and Housing, explained that the rezoning of this portion of Campus Avenue will bring it into compliance with the Land Use Policy Plan. Moved by Hoffman, seconded by Hertz, to pass on first reading an ordinance rezoning the properties generally located in the 100 block of Campus Avenue east of the Campus Avenue right-of-way from R-3 (Medium- Density Residential) to R-4 (High-Density Residential). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON 224 MAIN STREET: Mayor Curtis declared the hearing open. Richard Lowther, attorney for Ann Webb, owner of the property located at 224 Main Street, discussed the possible actions that the City Council could take as a result of determining whether the property constitutes a public nuisance. He quoted sections from the Code of Iowa that were applicable to this case. Mr. Lowther emphasized that the structure at 224 Main Street had not be labeled dangerous in any written report on the property. He suggested that the City might purchase Ann Webb's property to use as a walkway from Main Street to the CBD parking lot on the south. There were no further comments and the hearing was declared closed. Don Jackson, Building Official, presented photos of the property, provided a history of the problem, and described the property and what would happen to neighboring buildings if it collapsed. City Attorney Klaus explained that a building may constitute a public nuisance if comfortable use of neighboring property is obstructed. Keith Rollenhagen, a builder who is currently constructing a building directly east of 224 Main, stated that he had offered to rebuild Ann Webb's east wall when he began construction, but she did not accept his suggestion. Moved by Brown, seconded by Campbell, to adopt RESOLUTION NO. 90-363 declaring the structure located at 224 Main Street a public nuisance and directing the owner to (a) get an engineer to say it's safe, or (b) make repairs that an engineer says need to be made, or (c) tear down the structure. If none of these actions are taken within 30 days, the City Attorney is directed to take legal action to have the structure removed and have the cost of removal assessed against the property. Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 323 SOUTH RUSSELL: Mayor Curtis declared the hearing open. Grant Dugdale, attorney for Kirk and Felicia Hoff, said that his clients agree that their house, located at 323 South Russell Avenue, is a public nuisance as a result of the damage to the foundation caused by the flood in June. He explained that they simply don't have the financial means to do anything about it. He pointed out that they have tried many approaches to take care of the situation but have not been successful. There were no further comments and the Mayor declared the hearing closed. Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 90-364 declaring the structure located at 323 South Russell Avenue a public nuisance, approving expenditure of the necessary funds for demolition, and directing Staff to seek to have the cost assessed against the property. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON OVERHAUL OF UNIT #7 TURBINE GENERATOR: Mayor Curtis declared the hearing open. There were no comments and the hearing was declared closed. Moved by Hertz, seconded by Hoffman, to adopt RESOLUTION NO. 90-365 awarding a contract to Lovegreen Turbine Services, Inc. in the amount of $91,772 for overhaul of Unit No. 7 Turbine Generator. 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 Parks, to adopt RESOLUTION NO. 90-366 waiving formal bidding procedures and authorizing the procurement of Field Engineering Services from Watts, Inc. in the amount of $29,650. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REMOVING PARKING FROM PORTIONS OF 30TH STREET AND DUFF AVENUE: Moved by Brown, seconded by Parks, to pass on first reading an ordinance restricting parking on both sides of 30th Street and Duff Avenue from Grove Avenue to Roy Key Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Brown, seconded by Campbell, to waive the rules necessary for the passing of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Brown, seconded by Hoffman, to pass on second and third readings and adopt ORDINANCE NO. 3098 restricting parking on both sides of 30th Street and Duff Avenue from Grove Avenue to Roy Key Avenue. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE DESIGNATING AND REGULATING CITY HALL PARKING LOTS M AND N: Moved by Campbell, seconded by Hoffman, to pass on first reading an ordinance designating and regulating parking in City Hall Lots M and N. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to waive the rules necessary for the passing of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Campbell, seconded by Wirth, to pass on second and third readings and adopt ORDINANCE 3099 designating and regulating parking in City Hall Lots M and N. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REVISING TREE ORDINANCE: Moved by Parks, seconded by Brown, to pass on first reading an ordinance amending the City's Tree Ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING THE UTILITY RETIREMENT SYSTEM ORDINANCE: Moved by Parks, seconded by Brown, to pass on first reading an ordinance making technical amendments to the Utility Retirement System Ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE TO CONFORM MUNICIPAL CODE PROVISIONS TO STOP SIGN/LIGHT LOCATIONS: Moved by Hoffman, seconded by Wirth, to pass on second reading an ordinance conforming municipal code provisions to stop sign/light locations. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY LOCATED AT 4700 ONTARIO, WYNDHAM HEIGHTS SUBDIVISION: Moved by Wirth, seconded by Parks, to pass on second reading an ordinance rezoning property located at 4700 Ontario, Wyndham Heights Subdivision, from current zoning designations of P-C and R-2 to R-2 PUD. Roll Call Vote: 6-0. Motion declared carried unanimously. PARKING IN CAMPUS AREA: City Manager Schainker and Scott Logan highlighted the major points of the parking study conducted in the campus area as well as the recommendations for parking restrictions there. They said that prior to bringing these recommendations to the Council in ordinance form they would hold meetings to discuss them with the appropriate neighborhood associations, the University/Student/City Committee, and the Interfraternity Council. Moved by Hoffman, seconded by Brown, to adopt the concept of uniform parking restrictions in the campus area. Vote on Motion: 6-0. Motion declared carried unanimously. CHAMBERLAIN PLACE: Paul Wiegand, Director of Public Works, explained the history of Chamberlain Place and the small lots adjacent to it. He said that Chamberlain Place could be paved through an assessment process but that since it is an alley, it would not be normal practice to construct utilities there. Scott Randall, R. R. 4, owner of property on Chamberlain Place, said that he just recently learned that that property is undevelopable because of lack of utilities. He pointed out that he was upset to learn this since he had been issued the appropriate building permits when he constructed buildings on those lots. He said that he was not interested in Chamberlain Place being paved if utilities could not be installed. Moved by Brown, seconded by Hoffman, to refer the matter of whether utilities can be constructed in Chamberlain Place and whether it should be paved back to Staff. Vote on Motion: 4-2. Voting Aye: Brown, Campbell, Hertz, and Wirth. Voting Nay: Hoffman and Parks. Motion declared carried. SOUTHWOOD SUBDIVISION: Moved by Brown, seconded by Parks, to adopt RESOLUTION NO. 90-368 approving vacation of the sanitary sewer easements and accepting corrected easements across Lots 1, 2, 9 and 10 in Southwood Subdivision. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. LUPP AMENDMENT AND REZONING HEARING FOR BANDSHELL NEIGHBORHOOD: Moved by Wirth, seconded by Brown, to table the matter of amending the Land Use Policy Plan for the Bandshell Neighborhood area until November 13, 1990, and to set the date of hearing to consider rezoning the same area on November 13, 1990. Vote on Motion: 6-0. Motion declared carried unanimously. CDP FOR DEARBORN ESTATE: Moved by Parks, seconded by Wirth, to adopt RESOLUTION NO. 90-367 approving the CDP for Dearborn Estate with the following stipulations: (a) that the floodway boundary be shown on the plat, and the first flood elevations for any habitable construction be designated for each lot located in the floodway fringe; and (b) that the plat indicate that there will be no access from Delaware Avenue for Lot 1 and no access to Lots 4 & 5 from North Dakota Avenue except the existing drive easement. Roll Call Vote: 6-0. Resolution declare adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HARD SURFACE PARKING STANDARDS: City Manager Schainker explained his recommendations for building more time flexibility into the hard surface parking requirements. He suggested that property owners in commercially zoned areas be required to pave the amount of parking space required by code for their building at the time of construction. However, up to three years time could be allowed for paving extra parking spaces over and above that which is required by code. In industrially zoned areas, he suggested that owners be allowed three years to pave code required parking and that screening and buffering be used in areas of extra parking with no paving ever required there. If an addition is constructed, three years could be allowed to pave the new area in order to meet parking requirements in the code. If a business would agree to pave all of their old gravel parking area, they could be allowed up to five years to do so. He pointed out that landscaping required by the Code would not be delayed as a result of an extension granted for paving. Mr. Schainker recommended that to make sure that paving requirements are met in three years, a written agreement and letter of credit should be required. Dave Devereaux, 1900 E. Lincoln Way, suggested that recommendations for screening and buffering be solicited before the ordinance is drafted. Bob Friedrich of Friedrich Realty asked that gravel still be considered in certain cases because of the high cost of paving. Don Barber of Barbers Metal also asked about screening and buffering requirements. Bob Shaffer, 618 Freel Drive, suggested that the grandfathering exemption for gravel parking lots be done away with. Moved by Wirth, seconded by Parks, to refer the matter of modifying the paved parking ordinance to the City Attorney to draft an amended ordinance. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Brown left the meeting. LIBRARY ANNUAL REPORT: George Lawson, Director of the Library, thanked the Council for their support of the library and presented his yearly report. 1991/92 BUDGET POLICIES AND GUIDELINES: City Manager Schainker reviewed the budget policies and guidelines for FY 1991-92 and asked for Council guidance. Council Member Parks asked that growth in the budget match growth in the City tax base. Council Member Campbell suggested increased emphasis on improving the looks of all city owned property. Mr. Schainker reported on revenues from the local option sales tax and hotel-motel tax. He stated that a 5% increase in the overall budget seemed reasonable. Moved by Parks, seconded by Wirth, to approve a 5% increase as a general guideline for the FY 1991/92 budget. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Parks asked for information on what will happen if services need to be cut back due to the rise in the cost of fuel and what will happen if those costs are simply absorbed. When questioned about a property tax increase, Council Member Campbell said that she would support a modest increase in property taxes while Council Member Parks said that he would not support any increase. COMMENTS: October 30, 1990, was suggested as a possible meeting date to discuss the Ames Plan with representatives of ISU and the Ames Chamber of Commerce. City Manager Schainker stated that the regular meeting on October 23, 1990, will be preceded by a workshop on the Integrated Records Management System at 6:00 p.m. with dinner provided. CLOSED SESSION: Moved by Hoffman, seconded by Wirth, to hold a closed session as provided by Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. _____________________________________ _______________________________________ Nancy Dionigi, City Clerk Larry Curtis, Mayor