HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/27/1997OFFICIAL MINUTES
OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
CITY OF AMES, IOWA
MAY 27, 1997
The Ames City Council met in regular session at 7:00 p.m. on the 27th day of May, 1997, in the
City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry R.
Curtis presiding, and the following Council members present: Campbell, Hoffman, Parks,
Quirmbach, Tedesco, and Wirth.
CALL TO ORDER: 7:00 p.m.
RECOGNITION OF AMES HUMANITARIAN AWARD NOMINEE WAYNE
CLINTON: Mayor Curtis read a proclamation recognizing the nomination of Wayne Clinton
for the Ames Humanitarian Award. Mr. Clinton accepted the award, thanking the Human
Relations Commission for his nomination and the community for supporting his efforts to be a
role model to youths in Ames.
CONSENT AGENDA: Motion by Tedesco, Second by Hoffman, to approve the following
items on the Consent Agenda:
1. Motion to approve payment of claims
2. Motion to approve Minutes of the Regular Meeting of May 13, 1997 and the
Special Meeting of May 19, 1997
3. Motion to approve renewal of the following beer permits and liquor licenses:
a. Class B Beer - Peking Palace, 3417 Lincoln Way
b. Class C Beer - Snyder Drug #55, 207 South Duff Avenue
4. Motion to approve/deny authorizing City Manager to grant requests from
Downtown business owners for up to one year Temporary Obstruction Permits to
allow flower planters in right-of-way
5. RESOLUTION NO. 97-250 proposing sale of excess City property (Outlot B,
Bloomington Heights Subdivision, and Outlot B, Bloomington Heights
Subdivision, Plat 2) to Stone Brooke Community Church; setting June 10, 1997
as date of public hearing
6. RESOLUTION NO. 97-251 approving appointment of Barbara Gwiasda to
Transit Agency Board of Trustees
7. RESOLUTION NO. 97-252 confirming GSB appointment of David Schooff to
Transit Agency Board of Trustees
8. RESOLUTION NO. 97-253 approving revised City of Ames Personnel Policies
and Procedures
9. RESOLUTION NO. 97-254 approving revised contract format for childcare
providers per ASSET recommendations
10. RESOLUTION NO. 97-255 proposing quit claim deed of excess right-of-way
land at George Washington Carver Boulevard and Bloomington Road to
Northridge Subdivision developers; setting June 10, 1997 as date of public
hearing
11. RESOLUTION NO. 97-256 approving New Jobs and Income Program contract
with 3M Corporation
12. RESOLUTION NO. 97-257 approving release of deferred real estate mortgage
for property located at 608 Ken Maril Road in connection with the City's Phase I
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Affordable Housing Program
13. RESOLUTION NO. 97-258 approving preliminary plans and specifications for
1997-98 Arterial Street Rehabilitation Program (Lincoln Way from Duff Ave. to
Skunk River Bridge); setting June 18, 1997 as bid due date and June 24, 1997 as
date of hearing and award of contract
14. RESOLUTION NO. 97-259 approving preliminary plans and specifications for
1997-98 Bridge Rehabilitation Program; setting June 17, 1997 as bid due date and
June 24, 1997 as date of hearing and award of contract
15. RESOLUTION NO. 97-260 approving preliminary plans and specifications for
Parking Lot X Reconstruction Project; setting June 18, 1997 as bid due date and
June 24, 1997 as date of hearing and award of contract
16. RESOLUTION NO. 97-261 approving award of contract for US Hwy. 69-Duff
Ave. Pavement Widening Project to ConStruct, Inc.
17. RESOLUTION NO. 97-262 approving extension amendment agreement for joint
and cooperative action for waste disposal with Boone County
18. RESOLUTION NO. 97-263 approving renewal of contract for 1997-98 Hauling
and Related Services, Resource Recovery Plant to Boone County landfill
19. RESOLUTION NO. 97-264 approving Teagarden Subdivision street lighting
20. RESOLUTION NO. 97-265 waiving formal bidding procedures for Dump Truck
Bodies, Hydraulic, Accessories, and Controls, and authorizing Staff to contract
with Truck Equipment, Inc. of Des Moines to provide and install same
21. RESOLUTION NO. 97-266 approving contract and bond for 1997-98 Seal Coat
Reconstruction Program
22. RESOLUTION NO. 97-267 approving change order for Hyland Avenue
Reconstruction Project, Phase II
23. RESOLUTION NO. 97-268 accepting completion of Parking Lot Z
Reconstruction Project
24. RESOLUTION NO. 97-269 accepting completion of 1996-97 Annual Residential
Street Low Point Drainage Improvements Program
25. RESOLUTION NO. 97-270 accepting completion of 1995-96 Lime Sludge
Disposal Project
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 came forward to speak at this time.
ENCROACHMENT PERMIT FOR 209 MAIN STREET: Motion by Tedesco, Second by
Hoffman, to approve request for encroachment permit to allow a hanging sign at 209
Main Street (From Gifted Hands).
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUESTS FROM AMES CHAMBER OF COMMERCE RELATED TO "BUSINESS
AFTER HOURS" EVENT IN MAIN STREET STATION PARKING LOT: Motion by
Wirth, Second by Tedesco, to approve request from Chamber of Commerce to set up a
tent in parking spaces in southeast corner of Main Street Station parking lot and waiving
parking regulations on June 18, 1997 from 1:00 p.m. to 7:00 p.m. for “Business After
Hours” event.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIREWORKS PERMIT FOR IOWA TRUCK DRIVING CHAMPIONSHIPS: Motion by
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Hoffman, Second by Parks, to approve request from Iowa Truck Driving Championships
for fireworks permit on June 19, 1997 at Holiday Inn Gateway Center.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENT: Mayor Curtis noted the agenda order would be altered as individuals wishing to
speak regarding the VisionAire Corporation Developer’s Agreement had not yet arrived.
HEARING ON FINAL AMENDMENTS FOR FY 1996-97 BUDGET: Mayor Curtis
declared the public hearing open. There being no one present wishing to testify, the public
hearing was declared closed.
Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 97-273 amending
current budget for Fiscal Year ending June 30, 1997.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON SUBMITTAL OF HOUSING ASSESSMENT AND ACTION PLANNING
GRANT APPLICATION: Mayor Curtis declared the public hearing open. There being no one
present wishing to testify, the public hearing was declared closed.
Motion by Quirmbach, Second by Tedesco, to adopt RESOLUTION NO. 97-274
approving submittal of Housing Assessment and Action Planning grant application to the
Iowa Department of Economic Development in connection with the Ames/Story County
Housing Needs Assessment Project, and approving the City's local match commitment in
the amount of $1,475.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON CITY MAINTENANCE FACILITY REPAIRS AND INTERIOR WASH
BAY CONSTRUCTION: Mayor Curtis declared the public hearing open. There being no one
present wishing to testify, the public hearing was declared closed.
Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 97-275 approving
final plans and specifications and awarding contract to A to Z Builders, Inc., of Grimes,
in the amount of $76,765.00.
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 FREEL DRIVE SANITARY SEWER PROJECT:
Mayor Curtis reconvened the public hearing from the May 13, 1997 meeting.
Charles Bell, 306 Forrest Avenue, Dows, Iowa, said he had not received the revised figures on
this project in time to be able to discuss them with neighboring property owners. He said to
make a good business decision on this issue, he needed time to review the proposal. He said he
wanted to see the sewer and lift station installed, and expected to pay his own share of the
project with no expectation of a “free ride.” He said however, property owners in the area have
been paying property taxes for years yet have virtually no services. He said the City of Ames
was their landlord, and had a responsibility to the property owners. He said while he realized the
City was making an effort by offering to pay for a portion of the lift station, he was not pleased
with the offer. He said they needed to negotiate to arrive at an equitable solution for
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development of the area.
Mr. Bell said he understood how the system worked, but it needed to be practical and financially
sound. He expressed concern that the project would not be done due to protests from property
owners. He said therefore, he was opposing the lift station because he didn’t think the rest of the
property owners would agree to paying for it.
Mildred Lange, 1518 E. Lincoln Way, said she was representing her husband and herself. She
said they oppose the proposed lift station, and questioned the site proposed for it. She said she
realized the proposed assessments were based on frontage, but questioned why their assessment
was one of the highest proposed, considering that they don’t even live on Freel Drive. She
expressed concern that the area is in the flood plain. She said many of the people who have
asked for this project don’t live on Freel Drive, but own a business there. She said her husband
and she objected to being included in this project, and objected to having the highest proposed
assessment. She said they don't want the lifting station or the sewer line charged to them.
There being no one present wishing to testify further, the public hearing was declared closed.
Municipal Engineer Jerry Byg reviewed the proposed project and answered questions from the
Council members regarding the site proposed for the lift station. There was discussion that this
project was petitioned by the property owners, and not initiated by City Staff or the Council.
There was discussion that while the sanitary sewer could be installed without the lift station, it
would not be useable.
There was discussion that the proposed project was not substantially different from what was
proposed in previous years. There was discussion that the City’s effort of going halfway to share
part of the cost of the lift station was an indication that this area was important to the City.
There was discussion that by adopting the Resolution of Necessity, the assessment amounts were
locked in, and if bids came in high during the letting, the City would need to either absorb those
costs or forego the project.
Motion by Parks, Second by Campbell, to approve final adoption of RESOLUTION NO.
97-168 Resolution of Necessity for Freel Drive Sanitary Sewer Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Motion by Parks, Second by Campbell, to adopt RESOLUTION NO. 97- 276 authorizing
preparation of preliminary plans and specifications for the Freel Drive Sanitary Sewer
Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON FREEL DRIVE SANITARY SEWAGE LIFT STATION PROJECT:
Mayor Curtis reconvened the public hearing from the May 13, 1997 meeting.
Charles Bell, 306 Forrest Avenue, Dows, said he agreed with the Council that the cost of these
projects was not going to get any cheaper, but would in fact increase. He said however, he was
concerned that the City not install a larger than necessary lift station. He said the portion of
Freel Drive under consideration was a very short street.
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City Manager Steve Schainker noted funding for this project had not been included in the current
budget, and Staff was recommending the City’s portion be paid from the Sanitary Sewer Fund.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 97-277
approving revised funding for Freel Drive Sanitary Sewage Lift Station Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Motion by Campbell, Second by Wirth, to approve final adoption of RESOLUTION NO.
97-171 Resolution of Necessity for Freel Drive Sanitary Sewage Lift Station Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 97- 278
authorizing preparation of preliminary plans and specifications for Freel Drive Sanitary
Sewage Lift Station Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON PROPOSED DEVELOPER'S AGREEMENT WITH LEASE OPTION TO
VISIONAIRE CORPORATION: Mayor Curtis declared the public hearing open.
Jim Rice, CEO, VisionAire Corporation, reviewed how the City of Ames had assembled a
package for the location of that company’s first assembly facility in Ames. He thanked Mayor
Curtis and the Council members for their leadership in attracting VisionAire to Ames, and
thanked City Staff for their efforts in bringing this project to fruition. He invited the public to
attend their 8:30 a.m. ground breaking ceremony at the site on Wednesday, May 28, 1997.
Mr. Rice provided a brief update on the VisionAire program, saying 62 orders for the aircraft
have been received thus far, with the first delivery expected to occur in April 1999. He said they
are well into the FAA certification process, and have taken on an additional building in St. Louis
for the production of prototypes and tooling. He said they have approximately 130 investors out
of Ames community, and about 350 investors overall. He said they raised $4 million in the first
four months of this year, and over $9 million total. He introduced a number of VisionAire
management staff members present.
Mayor Curtis noted for the record that a signed lease from Vantage LLC had not yet been
received.
Dean Hunziker, 105 S. 16th Street, said Vantage LLC had received the completed lease package,
and needed to have an organizational meeting to approve it. He said that meeting would occur
on May 30. He said the lease between the LLC and VisionAire has been approved. He said
while they do not yet have loan approval from Norwest Bank, that approval is expected to be
received on May 29.
City Attorney John Klaus said the expectation of City Staff was that a signed lease agreement
would be submitted prior to Council approval of the lease. He said since that had not occurred,
the Council could proceed with approval of the lease document without signatures, approve the
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lease document contingent upon receipt of the signed agreement, or table this item and continue
the hearing until the signed documents were received.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 97-271 approving
developer’s agreement with lease option to VisionAire Corporation, subject to stipulation
that a signed lease agreement with no changes is received from Vantage LLC.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON PROPOSED LEASE OF MUNICIPAL AIRPORT PROPERTY TO
VANTAGE LLC: Mayor Curtis declared the public hearing open.
Dean Hunziker, 105 South 16th Street, said he was present representing Vantage LLC. He said
the LLC has received and reviewed the lease packet, and stands ready to sign the lease following
their organizational meeting on May 30, 1997.
City Attorney John Klaus noted this would be the Council’s final action on this matter. He said
if approved, when a signed copy of the lease was provided to the City, it would then be signed
by the Mayor and attested to by the City Clerk.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Hoffman, Second by Wirth, to adopt RESOLUTION NO. 97-272 approving
lease of Municipal Airport property to Vantage LLC, subject to stipulation that a signed,
unchanged lease is received from Vantage LLC, and authorizing the Mayor to sign the
lease upon receipt .
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON REZONING OF LAND GENERALLY LOCATED ON CITY OF AMES
MUNICIPAL AIRPORT PROPERTY FROM A-1 (AGRICULTURAL) TO P-I
(PLANNED-INDUSTRIAL): Mayor Curtis declared the public hearing open. There being no
one present wishing to testify, the public hearing was declared closed.
Motion by Parks, Second by Tedesco, to pass on first reading an ordinance rezoning land
generally located on City of Ames Municipal Airport property from A-1 (Agricultural) to
P-I (Planned-Industrial).
Roll Call Vote: 6-0. Motion declared carried unanimously.
P-C PLAN AMENDMENT FOR CINEMARK THEATER LOCATED AT 1317
BUCKEYE AVENUE: Motion by Tedesco, Second by Hoffman, to adopt RESOLUTION NO.
97-279 approving Planned-Commercial Plan amendment to allow new signage criteria for the
Cinemark Theater at 1317 Buckeye Avenue.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE AMENDING CODE REGARDING SIDEWALK CLEARANCES FOR
SIDEWALK CAFES: Motion by Parks, Second by Tedesco, to pass on second reading an
ordinance amending Ames Municipal Code Section 22.4(e) regarding sidewalk
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clearances for Temporary Obstructions.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Campbell, Second by Hoffman, to suspend the rules regarding adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Campbell, Second by Tedesco, to pass on third reading and adopt
ORDINANCE NO. 3437 amending Ames Municipal Code Section 22.4(e) regarding
sidewalk clearances for Temporary Obstructions.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE DESIGNATING PARKING PROHIBITIONS IN NORTHRIDGE
PARKWAY SUBDIVISION, 15TH ADDITION: Motion by Wirth, Second by Tedesco, to
pass on second reading an ordinance designating parking prohibitions on portions of
Ridgetop Road, Bayberry Circle, and Bayberry Road in the Northridge Subdivision, 15th
Addition.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Wirth, to suspend the rules regarding adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Campbell, Second by Parks, to pass on third reading and adopt ORDINANCE
NO. 3438 designating parking prohibitions on portions of Ridgetop Road, Bayberry
Circle, and Bayberry Road in the Northridge Subdivision, 15th Addition.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE REVISING MUNICIPAL CODE REGARDING STORM WATER
UTILITY CHARGE: Motion by Hoffman, Second by Tedesco, to pass on third reading and
adopt ORDINANCE NO. 3434 revising the Municipal Code regarding storm water utility
charge.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON JEWEL DRIVE:
Motion by Hoffman, Second by Parks, to pass on third reading and adopt ORDINANCE
NO. 3435 designating parking prohibitions on both sides of Jewel Drive from Duff
Avenue to Opal Drive, and on the west side of Opal Drive from Jewel Drive to Patricia
Drive.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE REVISING WATER RATES AND CHARGES: Motion by Campbell,
Second by Parks, to pass on third reading and adopt ORDINANCE NO. 3436 amending
the Municipal Code for the purpose of revising water rates and charges.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
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and hereby made a portion of these minutes.
COMMENTS AND FUTURE AGENDA ITEMS: Coun. Parks asked that Staff respond to a
question from a citizen regarding the time frame for extension of sidewalk on George
Washington Carver Avenue to Stange Road.
Coun. Parks said he had heard from a citizen concerned about dandelions on the berm
surrounding the electric substation in the Northridge area, and asked Staff to look into the matter.
Motion by Parks, Second by Quirmbach, to refer to Staff letter dated May 20, 1997 from
Brian Binger and Elizabeth Hoffman requesting a section of sidewalk not be installed on
the property at 2623 Ridgetop Road.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Quirmbach, Second by Tedesco, to refer to Staff letter dated May 13, 1997
from Dale Busby inquiring as to status of Transportation Master Plan and to direct that
the issue of access to the Busby property behind the residence at 1023 Garfield Avenue
be addressed in the Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Wirth noted she had distributed a memo dated May 27, 1997 to the Mayor and Council
regarding the classification of the Newell property at 705 Clark. She said she felt it would be
prudent to look at reclassifying this property as the historic structure is no longer there, and
suggested reconsidering the Newell’s appeal of the Historic Preservation Commission’s decision
on their Certificate of Appropriateness (from the Council’s May 13, 1997 meeting).
RECESS: Mayor Curtis declared a Recess at 8:10 p.m.
RECONVENE: The Regular Meeting Reconvened at 8:15 p.m.
Mayor Curtis noted the City Attorney had determined that a Motion to Reconsider would be out
of order at this time, as the Council had held two Special Meetings since the May 13 Council
Meeting date at which the Newells’ appeal was originally considered.
Motion by Wirth, Second by Tedesco, to direct Staff to review the classification of the
structure at 705 Clark Avenue to determine whether it has been properly applied within
the purview of the Historic Preservation ordinance, and to report back to the Council at
its June 10, 1997 meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Tedesco expressed thanks to Public Works Staff for the revitalization of the storm water
drainage ditch in the StoneBrooke area.
ADJOURNMENT: The Regular meeting adjourned at 8:15 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
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