HomeMy WebLinkAboutA001 - Council Action Form dated April 14, 2020 - Partial vacation of remote parking easement - 901 North 4th Street ITEM #: 18
DATE: 04- 44-20
COUNCIL ACTION FORM
REQUEST: RESOLUTION SETTING APRIL 28, 2020 AS THE DATE OF PUBLIC
HEARING TO PARTIALLY VACATE THE REMOTE PARKING
EASEMENT FOR PROPERTY LOCATED AT 901 N. 4TH STREET
BACKGROUND:
Kori Heuss is requesting that the City Council vacate a remote parking easement on
property located at 901 N. 4th Street, Lot No.1, Cooper's First Addition. (See Attachment
A: Location Map). This easement was granted by Kent and Joan Cooper to Donald
Heuss on July 8, 1992 to provide not more than nine remote parking spaces for
customers of the Heuss Printing office (903 N. 2"d Street). The location of the
remote parking spaces was to be on land later described as Cooper's First
Addition, including all five lots. There are no defined parking spaces at 901 N. 4th
Street for this easement, nor have any been constructed in any area of the easement as
approved by City Council in 1992. (See Attachment B: Remote Parking Easement, and
Attachment C: Final Plat of Cooper's First Addition.)
MetroNet, a telecommunications company, is proposing to construct a 70-foot tower and
equipment shelter at 901 N. 4th Street. They are asking the current property owner(Heuss
Property Management LLC) to have the remote parking easement removed by the City
Council, prior to finalizing purchase of the property.
In an email (dated March 23, 2020) written to the Mayor and City Council, Kori Heuss
states that the remote parking easement would prevent sale of the property to MetroNet
from going through if the City Council does not remove the easement from the property
at 901 N. 4th Street. Ms. Heuss asked that staff be directed by the City Council to
investigate this issue, and that the City Council take action at their next meeting to allow
MetroNet to move forward with purchase of the property and to proceed with their
construction. (See Attachment D: Email from Kori Heuss.) On March 24, 2020, the City
Council referred the request from Ms. Heuss to City staff for further analysis and a report
back to City Council.
The property at 903 N. 2nd Street was occupied by Heuss Printing in 1988 and was later
purchased by Donald Heuss in 1991. Heuss Printing was remodeled into offices in 1992,
which brought about creation of the remote parking easement to provide parking for the
new use. The property at 827 N. 2"d Street was purchased by Heuss in 1993, and is used
as a warehouse to store paper, and other miscellaneous items as needed.
If the City Council chooses to vacate the Remote Parking Easement on Lot 1, at 901
N. 41h Street, the remainder of the remote parking easement on Lots 2, 3, 4 and 5
would remain in place. If the need arises in the future to provide remote parking
1
spaces for Heuss Printing, Lot No. 2 at 827 N. 2nd Street (a property now owned by
Heuss) could accommodate the remote parking necessary to bring the Heuss
Printing office into compliance with the current Code. Ms. Heuss has expressed to
staff that there is more than enough parking in existence to accommodate the need
for parking by customers and employees, and that the remote parking easement is
no longer needed.
ALTERNATIVES:
1. The City Council can set April 28, 2020 as the date of Public Hearing to Partially
Vacate the Remote Parking Easement for Property Located at 901 N. 4th Street (Lot
No.1 , Cooper's First Addition).
2. The City Council can choose not to set the date of Public Hearing to Partially Vacate
the Remote Parking Easement for Property Located at 901 N. 41h Street (Lot No.1 ,
Cooper's First Addition).
3. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The lot being purchased by MetroNet (901 N. 4th Street) has never been used to provide
the nine remote parking spaces for Heuss Printing at 903 N. 2nd Street. If the need for
remote parking arises, there is adequate space available to establish remote parking
spaces across the street from Heuss Printing at 827 N. 2nd Street, on property that they
currently own. Partially vacating the easement would not affect the ability of
property at 903 N. 2nd Street from complying with parking requirements with remote
parking if it is needed.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1 and set April 28, 2020 as the date of Public
Hearing to partially vacate the Remote Parking Easement at 901 N. 4th Street (Lot 1,
Cooper's First Addition).
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ADDENDUM
On March 24, 2020, the City Council approved a Major Site Development Plan (MSDP)
for MetroNet to establish a basic utility use and construct a communications tower at 901
N. 4th Street (See Attachment A: Location & Zoning Map). The property is legally
described as Lot #1 of Cooper's First Subdivision and includes 7,868 square feet.
On March 25, 2020, the Zoning Board of Adjustment granted a Special Use Permit to
MetroNet for a wireless communications facility at 901 N. 4th Street.
In an email (dated March 23, 2020) written to the Mayor and City Council, Kori Heuss
requests that the City Council remove the remote parking easement established on the
property at 901 N. 4th Street in 1992. (See Attachment D. Email from Kori Heuss.)
MetroNet has a sale agreement with Heuss for purchase of the property; however, without
removal of the easement on the property by the City Council, Ms. Heuss says the property
sale will not go through. The email provides additional background information including
properties owned by Heuss Property Management in the immediate vicinity, and numbers
of parking spaces for each Heuss Printing facility. (See Attachment E: Heuss Properties.)
The table below lists the properties owned by Heuss Property Management LLC, and
provides information on the type of use, number of existing parking spaces, the parking
surface and location and the required parking by current standards in the Municipal
Code.
Existin Use and Parkin for Heuss Properties Per Current Zonin
Address Type of Use Min. Parking Existing Location of Parking
to Meet Parking Parking Surface
Current Stds.
901 N. 4th St. Future N/A N/A N/A N/A
MetroNet
Site
903 N. 2nd Office & 23 spaces 10 spaces Street Concrete
St. Copy Center R.O.W.
N. 2nd St. &
N. Elm Ave.
911 N. 2nd Printing & 13 spaces 16 spaces On-Site Gravel
St. Publishing Parking Lot
827 N. 2nd Warehouse 2 spaces 6 spaces 'Inside the Concrete in
St. Warehouse Building/Gravel
on the Lot
908 N. 4th St. Leased to N/A N/A N/A N/A
Photo Studio
*There is adequate space to provide additional parking at 827 N. 2"d Street that could be
used as remote parking for the Heuss Printing office at 903 N. 2nd Avenue, if the gravel
surface was paved.
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Attachment A: Location Map
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Attachment B- Remote Parking Easement
90WA,
Ffl.ED F-M REWRO
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WW JUL 10 1992 va
HEUSS PRINTING
REMOTE PARKING EASEMENT
Fkewrdl"F60 1r-4P--0Q—
A.udtwr�fi'SnUe—r—si—�gne�Grantors, Kent Cooper and Joan Cooper, husband and wife,
as joint tenants with - full rights of survivorship and not as tenants in
common, their successors and assigns, in consideration of the sum of One
Dollar and other good and valuable consideration in hand paid, do hereby
grant and convey to Donald Heuss, his successors and assigns, and to the City
of Ames, Grantees, the right, title and easement to park or direct and permit
the parking of not more than 7 motor vehicles of the business invitees
for the Heuss Printing business premises at 903 South 2nd Street, Ames, Iowa,
on the land located at the corner of South Fourth and Elm Streets in Ames,
Story County, to wit:
Lots I and 2 in Block 1, College Park Addition: That part of
Outlot B in College Park Addition that lies west of the
westerly right-of-way of Grand Avenue (U.S. Highway #69);
Part of Outlot C in College Park Addition; That part of
vacated Fourth Street lying adjacent to the above described
parcels; That part of the former right-of-way of the Fort
Dodge, Des Moines and Southern Railway Company; And That part
of the former right-of-way of the Chicago and Northwestern
Transportation Company right-of-way, all in the City of Ames,
Iowa, and all being more particularly described by metes and
bounds as follows: Commencing at the Southeast corner of
Section 3, Township 83 North, Range 24 West of the 5th P.M.,
< 'g�
in the City of Ames, Story County, Iowa; thence NOI'-08'08"W,
459.86 feet along the east line of the Southeast Quarter of
said Section 3; thence S89*-15'41"W, 115. 14 feet to the IL 0 "'3
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westerly right-of-way of Grand Avenue and the point of begin-
ning; thence N020-13'34"E, 89.70 feet along said westerly
right-of-way to a point that is 50.0 feet southerly, measured
at a right angle, from the centerline of the south track of
said Chicago and Northwestern Transportation Company; thence
Northwesterly, 202.85 feet along a curved line that is 50.0
feet Southerly from and parallel with the centerline of said
south track, said curved line having a radius of 3050.0 feet
concave northeasterly, and having a long chord bearing of
N75'-16'14"W; thence Northwesterly, 276.78 feet along a
curved line that is 50.0 feet Southerly from and parallel
with the centerline of said south track, said curved line
having a radius of 6825.0 feet, concave northeasterly, and
having a long chord bearing of N72'-12'12"W, to the intersec-
tion of said curved line with the extension of the westerly
line of Elm Avenue; thence S00'-46'19"E, 76.94 feet along
said line to the northerly line of Fourth Street; thence
S67'-19'35"E, 71.94 feet along said northerly line to the
easterly line of Elm Avenue; thence SOO'46'19"E, 126.12 feet
to the northerly line of Second Street; thence N89*-15'41"E,
387.11 feet along said northerly line to the point of begin-
ning, containing 62,063 S.F. (1.424 acres) and subject to
existing easements. (See attached plat.)
BOOK 32;!( PAGE
5
Attachment B- Remote Parking Easement
The J' parking spaces provided for hereunder shall at all times be clearly
marked as such by the Grantor and the Grantor shall maintain the said spaces
and access routes to and from the spaces in a passable and usable condition,
clear of snow accumulations, ponded water, brush, weeds, or other conditions
that could impede or discourage use of the spaces.
The forgoing shall be a covenant running with the land. If said rights
and obligations are defeated, annulled or undone through forfeiture, default
or breach of land purchase contract, mortgage foreclosure, bankruptcy, or
other event or process, Grantors shall be bound hereby to Grantees to acquire
and provide replacement parking rights under the same terms at a site within
300 feet of the building or buildings on the business premises at 903 South
2nd Street, Ames, Iowa; and, the Grantor shall compensate Grantee for any
loss of business income that results if the premises at 903 South 2nd Street
are required to close due to insufficient off-street parking under the ordi-
nances of the City of Ames.
The foregoing shall not be released, abandoned, or conveyed except by
resolution of the Ames City Council.
GRANTORS
Kent-Cooper- V
By- n Coope
STATE OF IOWA, STORY COUNTY ss:
On this V'A day of r
1992, before me, a Notary Public in and
for Story County, personal peared Kent Cooper, to me known to be the
person named in and who executed the foregoing instrument, and acknowledged
that he executed the same as his voluntary- act and deed.
JILLA.HAIGHT A.
MY COMMI SSION EXPIRES
2 Notary ublic in an or
Stony County, Iowa
STATE OF IOWA, STORY COUNTY ss:
On this 11�2_ day of 1992 before me, a Notary Public in and
for Story County, persona-T pea;ed Joan Cooper, to me known to be the
person named in and who executed the foregoing instrument, and acknowledged
that she executed the same as her voluntary act and deed.
JILL A.,HAAIGHPT My Y COMMIS
SION
10�EXPIRES
X RES A. k:6
M COMMISSION EXPIRES
I -f 0-q.3
q3 Notary �yblic in and Wor
Story County, Iowa
Parking/Heuss.514 BOOK-2-22' PAGE-233-
6
Attachment C: Final Plat of Cooper's First Addition
(Remote Parking Easement Includes All Five Lots)
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7
Attachment D-. Email from Korl Heuss
From: "Kori Heuss" <kori@heuss.com>
To: Oranderson @city.ames.ia.us" <ran derson@city.ames.!a.us>, "gbetcher@cItyofames.org"
<gbetcher@cityofames.org>, "dmartin@cityofames,org" <dmartin@cityofames.org>,
"tgartln@cityofames.org" <tgartln@cItyofames.org>, "rJunck@cityofames.org"
<rjunck@cityofames.org>, "bbeatty-hansen@cityofames.org" <bbeatty-
hansen@cityofames.org>, "acorrIeri@cityorames,org" <acorrieri@cityofames.org>,
"dleeson@cityofames,org" <dleeson@cityofames.org>
Cc: "connie.shidler@metronetinc.com" <connie.shidler@metronetinc.com>, "Don Heuss"
<dh@heuss.com>, "Michael Purcell" <MpLircelt@friedrich-realty.com>
Date: Monday, March 23, 2020 11:11AM
Subject: Metronet Council Agenda Item From Heuss Printing
History: �This message has been forwarded.
Hello all,
I have an item for Tuesday night during the public forum as it just come to our attention and is not on
the agenda. To keep my comments succinct and not take up your time,I wanted to send the
infon-nation ahead of time, I will try to avoid repeating the information on Tuesday and just be present
for any questions.
Heuss Property Management,LLC.has a sale agreement with Metronet for 901 North 4th Street. The
City of Ames placed a parking easement on that parcel in 1993. That easement would prevent the
sale from going through. I am asking for the city council to refer this issue to staff to allow the removal
of the easement on that parcel.
I hove been told that when this area was a business park(there used to be a business park sign listing
area businesses on this block) that the easement allowed enough parking to be located in the area.
I think it would be useful for you to understand the area if you have not spent your free time studying
parking around our buildings. Heuss Property Management owns the following properties:
827 North Second Street
911 North Second Street
903 North Second Street
901 North Fourth Street
908 North Fourth Street
Heuss Printing operates in 903 North Second Street,911 North Second Street,and 827 North Second
Street. Craig Carol Photography rents 908 North Fourth. 901 North Fourth Street is currently in a sale
agreement with Mefronet. Heuss Printing does not use 901 North Fourth Street in any fashion.
As it appears that this was a parking easement and we ore asking to remove that easement on parcel
901 North Fourth Street,I think it would help to know about traffic in the area and available parking.
Heuss Printing operates with 18 Full Time Employees. The building the customers walk into is 903 North
Second Street. There are 8 parking spaces at that building. They are never full, 911 North Second
Street has 20 parking spaces, 827 North Second Street has a large lot and I am not sure the number of
spaces. It would hold at least 20 cars. 7 employees work in 903 North Second Street and park across
the street at 827 North Second Street or in 4 spaces along the East side of the building. The 4 spaces
on the south of the building are always reserved for customers. Those spaces are often used for drive
Attachment D- Email from Korl Heuss
up copy center work. As we offer free delivery and have sales people on the road,most meetings
occur outside of the office and most work is delivered at no charge to customers. 911 North Second
Street is the production facility and has 6 employees. They park in the 911 North Second Street lot
which has 20 parking spaces.
I know this is a lot of parking talk. I can clarify any questions for you at the meeting. Again,my request
is to remove the easement at 901 North 41h Street to allow Metronet to purchase that property and
proceed with their construction. I believe to start the process that the City Council must direct staff to
look at this issue, As City Council meetings are every two weeks,I would like to address this as quickly
as possible to allow Metronet to move forward.
My Regards,
,euss
printinga
President&Owner 1903 North Second Street I Ames,Iowa 50C 10
0:515.232.6710IM:515.290.3260 I oww.hetimcorn
Attachments:
irnage002.jpg
Attachment E: Heuss Properties
(827, 903 & 911 N. 2nd St. - 901 & 908 N. 4t" St.)
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10
Diane Voss
From: leopold ecology <leopold.ecology@gmail.com>
Sent: Monday, April 13, 2020 9:54 PM
To: MayorCouncil@cityofames.org
Subject: Opinion on upcoming council agenda
RE: Council Agenda for April 14th Item 37. Resolution approving Preliminary Plat for Wheelock Corner Subdivision
located at 1499 South Dayton Avenue
...Staff's recommendation to Council, based on conditions requested by the Planning and Zoning Commission, is to
approve the proposal with a condition that the owner agree to a conservation easement to preserve the oak woodlands
on the west end of the property, along with a flood plain permit requirement.
Mayor and Council — I am VERY HAPPY about the P&Z condition & subsequent staff recommendation for a
conservation easement to preserve the oak woodlands. I strongly urge council to hold to that recommendation. Our
'biotic corridors' (robust greenways) are critical for wildlife, human health, aesthetics, and micro-climate and
water management.
In general, however, reducing the surface of the land available for water infiltration makes no sense in a future that is
already on us: increasingly high volume storm events, with all the consequent fallout they generate. At the very least we
should be requiring permeable parking surfaces for developments in the floodplain fringe. Moving forward,
we desperately need to rethink our policies around building new infrastructure in the floodplain fringe.
Respectfully, Jeri Neal
Jeri Neal
916 Ridgewood Ave
Ames, IA. 50010
1
Diane Voss
From: Kori Heuss <kori@heuss.com>
Sent: Tuesday, April 14, 2020 1:11 PM
To: RAY ANDERSON,- MayorCouncil@cityofames.org
Cc: Connie Shidler; Don Heuss; Michael Purcell
Subject: 901 N 4th Street Parking Easement Removal
Hello all,
I would like to touch base on item #18 on tonight's consent agenda. I have attached it below for your
reference. In order to finalize a sale of 901 N 4th Street to Metronet, the parking easement must be
removed. Metronet had planned to break ground this month. At this time, the discovery of the parking
easement and subsequent need to request removal of this easement prior to sale has slowed the process. We
certainly want to do everything we can to proceed in the correct fashion and have no worries about public
input. My concern lies in the postponement of the sale and in the ability for Metronet to provide service to
Ames.
Is it possible for either the public hearing to be waived and the vote to happen tonight on this item? If not, is is
possible that the final vote can occur on April 281h by City Council?
As you know, Metronet will have to have the property sale proceed prior to construction permits being
approved. Is there anything else I can do to speed this process? As you received in my prior email, the
easement on 901 N 41h Street for parking that was put into place in 1993 has never been a need for us as we
have bountiful parking options between all of our properties.
Thank you for your thought and proactivity. I appreciate your time.
18. Resolution setting April 28, 2020 as the date of public hearing regarding partially vacating the Remote Parking
Easement for 901 N. 4th Street
., u
ss
printingo.
President &Owner 1903 North Second Street I Ames, Iowa 50010
0:515.232.67101 M:515.290.3260 I www.heuss.com
1