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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/05/1989MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 5, 1989 The Ames City Council met in regular session at 7:30 p.m. on December 5, 1989, in the Council Chambers of the City Administration Building, 621 Main Street, pursuant to law with Mayor F. Paul Goodland presiding and the following members present: Brown, Campbell, Curtis, Hoffman, Parks, & Thurston. RESPONSIBLE PET OWNERSHIP AWARD: Mayor Goodland presented the Responsible Pet Ownership Award to Elmer and Dorothy Schwieder for their responsible actions in raising their dog, Lady. CONSENT AGENDA: Two items were pulled from the Consent Agenda for separate consideration. Moved by Curtis, seconded by Parks, to approve the following remaining items on the Consent Agenda. 1. Motion to approve payment of claims totalling $2,656,825.50. 2. Motion to approve renewal of the Class C Liquor License for Twentieth Century Bowling, 505 S. Duff. 3. Motion to hold a joint meeting with the Parks and Recreation Commission at 7:00 p.m. on December 19, 1989. 4. Motion to change the date of the joint meeting with the Hospital Board of Trustees from December 14 to December 12, 1989, at 5:00 p.m. 5. RESOLUTION NO. 89-402 accepting completion of contract with Neundorfer, Inc. for Unit No. 7 Precipitator Upgrade in the amount of $282,080.40. 6. RESOLUTION NO. 89-403 approving FAUS agreement for installation of traffic signals at the intersection of 6th Street and Clark Avenue. 7. RESOLUTION NO. 89-404 extending liability coverage of Cy-Ride until July 1, 1990. 8. Northridge Parkway Subdivision, Phase I: (a) RESOLUTION NO. 89-405 accepting completion of Northridge Parkway Subdivision, Phase I. (b) RESOLUTION NO. 89-406 authorizing release of encumbrance for lots in first phase. Roll Call Vote 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CITY COUNCIL MINUTES: Council Member Thurston pointed out that he did not arrive late for the November 21st meeting as stated in the minutes, but that it should instead say that Council Member Parks arrived late. Council Member Campbell mentioned that Julia Anderson's address was incorrect in the minutes for the November 14, 1989, meeting. Her correct address is 2424 Hamilton Dr. and she spoke at the meeting on behalf of the League of Women Voters. Moved by Curtis, seconded by Parks, to approve the minutes of the meetings of November 14 and 21 as amended. Vote on Motion 6-0. Motion declared carried unanimously. CITY COUNCIL RETREAT: Moved by Curtis, seconded by Parks, to hold the City Council retreat at Gateway Center Hotel. Vote on Motion 6-0. Motion declared carried unanimously. Moved by Curtis, seconded by Parks, to set January 5 and 6, 1990, as the dates of a City Council Retreat. Vote on Motion 6-0. Motion declared carried unanimously. PUBLIC FORUM: No one appeared for this portion of the meeting. BEER PERMIT FOR OUTBACK: Moved by Hoffman, seconded by Campbell, to approve the application for a new Class B Beer Permit for Outback, 113 Main Street. Vote on Motion 6-0. Motion declared carried unanimously. LICENSE SUSPENSION FOR B.J.'S LUCKY LADY: Council Member Parks stated that if the Council believes that a suspension of the liquor license for B.J.'s Lucky Lady is justified, then it should occur during a time which would be punitive. Thus he suggested remaining with the original suspension dates of December 13, 14, and 15. Council Member Curtis said that if the dates were changed to the first of January, the owner would not appeal the decision and the suspension would be on record in case further incidents occur at the establishment. Moved by Curtis, seconded by Campbell, to approve a change to the liquor license suspension dates for B.J.'s Lucky Lady from December 13, 14, and 15, 1989, to January 2, 3 and 4, 1990. Vote on Motion 5-1. Voting Aye: Brown, Campbell, Curtis, Hoffman, & Thurston. Voting Nay: Parks. Motion declared carried. REVOLVING LOAN FUND UNDER EDSA CONTRACT FOR COMMERCIAL PLASTICS PACKAGING: Mayor Goodland declared the hearing open. There were no comments and the hearing was declared closed. Mark Reinig, Economic Development Technician, summarized plans for a revolving loan fund as required under EDSA contract for Commercial Plastics Packaging. Moved by Brown, seconded by Parks, to to adopt RESOLUTION NO. 89-407 approving the re- use plan (revolving loan fund) as required under the EDSA contract for Commercial Plastics Packaging. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE REZONING GATEWAY HILLS PUD: Moved by Parks, seconded by Hoffman, to pass on third reading and adopt ORDINANCE NO. 3066 amending the official zoning map for the purpose of placing certain land originally platted as Gateway Hills Subdivision under the additional zoning regulations pertaining to Planned Unit Development. Roll Call Vote 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE PERTAINING TO DISPOSAL OF INFECTIOUS WASTE MATERIAL: Moved by Campbell, seconded by Curtis, to pass on third reading and adopt ORDINANCE NO. 3067 amending the Municipal Code pertaining to disposal of infectious waste material. Roll Call Vote 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MINORS IN BARS ORDINANCE: Council Member Brown read a letter from Harold Nichols, former ISU Wrestling Coach, stating his opposition to this ordinance. Moved by Curtis, seconded by Hoffman, to pass on second reading an ordinance amending the expiration date of City Code Section 17.16, Minors Prohibited on Certain Premises, from January 1, 1990, to April 1, 1990. Roll Call Vote 4-2. Voting Aye: Campbell, Curtis, Hoffman, & Parks. Voting Nay: Brown & Thurston. Motion declared carried. P-C PLAN FOR APARTMENT BUILDING AT 608 & 612 DOUGLAS: Moved by Parks, seconded by Curtis, to adopt a resolution approving the list of impermissible uses and the P-C Plan at 608 and 612 Douglas Avenue with the following stipulations: a. That a bond or cash escrow be submitted to the City to guarantee satisfactory completion of the site improvements; and b. That the problem with respect to the vents and meters on the building to the south of the project site be solved to the satisfaction of the developer, the adjacent property owner, and the City prior to the issuance of building permits. Brian O'Connell, Director of Planning and Housing, detailed the changes made to the P-C Plan since it was last considered by the Council. These included increases in setbacks on three sides, an increase in landscaping materials along Douglas Avenue, and deletion of the proposed office space in the building. He stated concern about the intensity of the development on a small site but also said that it would be beneficial to have housing this near to downtown Ames. He said that the height of the building was not changed. At 72 feet in height it would range between the allowed heights of buildings in the C-C Zone to the south and the R-3 Zone to the north. Mayor Goodland left the meeting at 7:55 p.m. and Larry Curtis took over as Mayor Pro Tem. Keith Hoffman, 3411 Madison Court, asked for approval of his proposed apartment building and read several letters of support from neighboring property owners. When asked by Council Member Campbell why he had not reduced the height of the proposed building, Mr. Hoffman responded that it was primarily a cash flow consideration. Also, since it would not be as tall as nearby churches he did not consider it to be too tall, and many residents may like the view offered from the upper floors. John Egebrecht, 709 Douglas, said that the proposed project is incompatible with other buildings in the area and it will not contribute to a vital central Ames area. Don Smith, 2017 Duff, owner of the building north of the project site, objected to the proposed project because of its density. Joann Baker, 722 Douglas, asked the Council to deny the project because of the height of the building and the adverse effect it would have on the surrounding neighborhood. Sharon Wirth, 803 Burnett, said that she was concerned about the height and the size of the proposed building. Keith Hoffman informed the Council that he had met with neighbors within 200 feet of the project site and that all except one of those speaking in opposition live outside of that area. He addressed the concerns, mentioned in a letter to the Council, of Gary Thompson, property owner to the south, by pointing out that Mr. Thompson will have to correct some problems with his building to meet building code requirements. Council Member Parks said that in this case the P-C Zone is doing precisely what it was intended to do. Mayor Pro Tem Curtis commented that there seems to be a mindset against any development in the area of the proposed building. Council Member Campbell stated her disagreement and Council Member Thurston said that he considered the project to still be in the negotiations stage. Roll Call Vote 2-4. Voting Aye: Curtis & Parks. Voting Nay: Brown, Campbell, Hoffman, & Thurston. Resolution declared failed. CAMPUSTOWN PARKING LOT: City Manager Schainker explained thatproperty owners in the area of the proposed Campustown parking lot rejected the City's offer to buy a portion of each of their properties. As a result, it would raise the cost of the parking lot considerably if the entire properties had to be purchased. Moved by Brown, seconded by Parks, to direct Staff to stop further effort on the proposed surface parking lot in the 2400 block of Campustown. Vote on Motion 6-0. Motion carried unanimously. SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT: Moved by Parks, seconded by Hoffman, to adopt RESOLUTION NO. 89-409 authorizing the execution of the Section 8 Existing Annual Contribution Contract for 27 additional units with the Department of Housing and Urban Development. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. UNITED SENIOR CENTER ADDITION: Moved by Thurston, seconded by Brown, to adopt RESOLUTION NO. 89-408 approving the plans, specifications, and form of contract, authorizing the re-advertising and taking of bids for construction of an addition to the United Senior Citizens Center in conjunction with the CDBG on behalf of the SCCA, and establishing January 22, 1990, as the date to receive bids and February 3, 1990, as the date of public hearing to award the contract. Roll Call Vote 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. CABLE TV FRANCHISE NEGOTIATIONS: Sheila Lundt, Assistant to the City Manager, and Gordon Meyer, Chairman of the Cable TV Commission, summarized the negotiations with Heritage Cablevision to this point. Mr. Meyer stated that even though the City has moved from its original position in these negotiations, Heritage Cablevision has not. Most recently Heritage has suggested that a space in the high school be considered for a Public Access Studio, which is cause for some concern about accessibility and liability on the City's part. Ms. Lundt said that if this possibility does not work out, the negotiations will be at a dead end and the City may begin investigating legal options. Moved by Brown, seconded by Parks, to direct the Cable TV Commission to draw up specific criteria for a public access studio including costs, space needs, and channel allocations, to present the proposal to Heritage Cablevision with a request for a counter proposal by February 1, 1990, and then to enforce the code from that point . Vote on Motion 6-0. Motion declared carried unanimously. COMMENTS: Moved by Hoffman, seconded by Campbell, to include Toxic Waste Cleanup Day as a topic on the next City Council agenda. Vote on Motion 6-0. Motion declared carried unanimously. ADJOURNMENT: The meeting was adjourned at 9:08 p.m. _____________________________________ ______________________________________ Nancy Dionigi, City Clerk F. Paul Goodland, Mayor