HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/27/1996
MINUTES
OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA
AUGUST 27, 1996
The Ames City Council met in regular session at 7:00 p.m. on the 27th day of August, 1996, 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.
CONSENT AGENDA: Motion by Tedesco, Second by Wirth, to approve the following items o
the Consent Agenda:
1. Motion to approve payment of claims
2. Motion to approve Official Minutes of the Regular Meeting of August 13, 1996
3. Motion to approve renewal of the following beer and liquor licenses:
a. Class B Beer - Flame-n-Skewer, 2801 N. Grand Mall
b. Class C Liquor - Mandarin of Ames, Inc., 415 Lincoln Way
c. Class E Beer - QuikTrip #546, 4506 Lincoln Way
4. Motion to refer to Planning & Zoning Commission request for annexation of property
located south of Airport Road, from Elwood Drive to Riverside Drive (ISU Research
Park Phase II)
5. Motion to approve certification of Civil Service applicants
6. RESOLUTION NO. 96-379 approving FY 1996-97 contract with Ames Heritage
Association
7. RESOLUTION NO. 96-380 approving appointment of David Schooff to Transit Agency
Board of Trustees
8. RESOLUTION NO. 96-381 authorizing expenditure of up to $2,000 from Contingency
Fund for Phase I Environmental Study of VisionAire leased land at airport
9. Motion to report bids and delay award of contract for Utility Truck Body, Aerial
Platform, and Accessories
10. RESOLUTION NO. 96-382 accepting bids and awarding contract for Electric Substation
Package
11. RESOLUTION NO. 96-383 adopting Deferred Compensation Plan for City of Ames
12. RESOLUTION NO. 96-384 approving preliminary plans and specifications for Lime
Sludge Disposal Project; setting September 4, 1996 as bid due date and September 10,
1996 as date of hearing and award of contract
13. RESOLUTION NO. 96-385 approving removal of Hoffmann-La Roche, Inc. from City
of Ames Non-Domestic Waste Pretreatment Program
14. RESOLUTION NO. 96-386 approving change order on contract for South 16th
Street/South Duff Avenue Turn Lanes Project
15. RESOLUTION NO. 96-387 approving change order on Grand Avenue Reconstruction
Project, Lincoln Way to 5th Street
16. RESOLUTION NO. 96-388 approving contract and bond for South Third & Walnut
Traffic Signal project
17. RESOLUTION NO. 96-389 approving contract and bond for Ball Plastic Rail Siding
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Project
18. RESOLUTION NO. 96-390 accepting completion of 1996/97 Slurry Seal Program
19. RESOLUTION NO. 96-391 accepting completion of Ontario Street Sanitary Sewer &
Water Main Project
20. RESOLUTION NO. 96-392 accepting completion of Hyland Avenue 13.8 kV Relocation
Overhead to Underground Conversion
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 appeared to speak at this time.
REQUEST FOR CONVEYANCE OF PROPERTY ADJACENT TO 601 CHELSEA
COURT: Motion by Campbell, Second by Hoffman, to adopt RESOLUTION NO. 96-393
proposing sale of land and terms of sale; setting September 10, 1996 as date of hearing
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
LAND USE POLICY PLAN REVISION AND ADOPTION OF DRAFT PLAN: Motion by
Wirth, Second by Hoffman, to adopt RESOLUTION NO. 96-394 approving
Suburban Residential revision to Land Use Policy Plan and approving the draft Plan.
Dick Roseland, 315 Hickory, said he was present representing the Ames Chamber of Commerce
and the Ames Economic Development Commission. He said the group has had a taskforce
working on the Land Use Policy Plan for the past two years. He said they agree with the general
idea of intensification proposed by the Plan, but think the following points need more
consideration: 1) the number of design guidelines required in the “village” concept, 2) the small
amount of Commercial land in “suburban residential” alternative -- they feel there must be some
in-between approach that would allow the village-type concept with not so rigid guidelines, 3)
the density guidelines for village concept and for suburban residential seem high, 4) a much-
needed Transportation Plan may require revisiting areas such as Lincoln Way from Sheldon
Avenue west, 5) the uncertainty over what might happen with land currently owned by ISU, 6)
zoning lines on the center lines of streets create different zoning areas on opposite sides of the
same street, 7) how planning management options will be chosen, 8) coordination of planning
with Boone County, and 9) sub-area planning. He said the group felt there was a need to discuss
and work through some of those issues and clarify them. He said the taskforce asked that the
Council send the draft Plan back to Staff, and let the taskforce and other interested citizens work
with Staff to iron out some of those details.
Reiny Friedrich, 2513 Pierce, said he was a co-developer of Somerset Village, the former Taylor
Farm property. He said the developers have some concerns about the Land Use Policy Plan in
its present format, and they would like to have more time to spend with Staff working to get this
into a working document. He said they are aware much input and consultant work had already
gone into the document. He said however, the developers would like to see a document that will
be “developer-friendly” and easier to work with, rather than a more cumbersome document that
will make the current process more difficult and costly for the developer, thus translating into
additional costs to the home-buyer. He described the present process for development approval,
and said it is a good system which has worked well over time. He said it has been improved
upon for many years. He said the developers asked that Council not approve the draft Plan in its
present form, but allow the developers to work with Staff to get a result they can all live with.
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Roll Call Vote: 4-2. Voting Aye: Campbell, Hoffman, Quirmbach, Wirth. Voting Nay:
Parks, Tedesco. Resolution declared carried 4-2, signed by the Mayor, and hereby made
a portion of these minutes.
DISCUSSION OF PROPOSED BILLBOARD ORDINANCE: Motion by Wirth, Second by
Parks, to direct the City Attorney to prepare an ordinance in accordance with the
Planning & Zoning Commission's recommendations.
Dave Oesper, 1208 Wilson Avenue, said he wished to address including a top-mounted billboard
lighting system requirement in the proposed billboard ordinance. He said a Story County
zoning ordinance prohibits bottom-mounted lighting on new billboards, and said the City is
usually more restrictive than the County. He cited other cities that prohibit bottom-mounted
lighting, and said top-mounted systems were a standard produced by many companies. He urged
the Council to prohibit bottom-lighted systems on new and replacement billboards, and if that
were not possible, to prohibit bottom-lighted illumination of signs from 10 p.m. to 6 a.m. as
originally proposed by City Staff. He said such a prohibition would encourage billboard
producers to use top-mounted systems. He said many other communities are making similar
kinds of restrictions, and the billboard industry is adapting to it.
The Motion and Second were Withdrawn.
Motion by Wirth, Second by Parks, to approve the revisions to the billboard ordinance
as originally proposed, with the addition of eliminating the landscaping standard in
Agricultural zones, and changing the lighting restriction to the hours of 12:00 a.m. to
6:00 a.m.
Motion by Hoffman, Second by Campbell, to amend the main motion to eliminate the
time restriction for illumination if top-lighting were used.
Vote on Motion to Amend: 6-0. Motion to Amend declared carried 6-0.
Motion by Parks, Second by Tedesco, to amend the main motion to include revision to
Subsection 2(d) to pertain to radius measurement.
Vote on Motion to Amend: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco,
Wirth. Voting Nay: Quirmbach. Motion to Amend declared carried 5-1.
Vote on Main Motion as Amended: 6-0. Main Motion as Amended declared carried
unanimously.
SCOPE OF WORK FOR PLANNING CONSULTANTS FOR DEVELOPMENT OF
COMPATIBILITY STANDARDS FOR NORTH CENTRAL AMES AREA: Motion by
Hoffman, Second by Campbell, to adopt RESOLUTION NO. 96-395 approving scope of
work outline and work order from Snyder and Associates compatibility standards for
North Central Ames area.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
AMENDMENT TO PLANNED-INDUSTRIAL PLAN FOR ISU RESEARCH PARK:
Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 96-396 approving
amendment to Planned-Industrial (P-I) Plan for ISU Research Park.
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Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ADDITIONAL STREETLIGHTS FOR SUNCREST SUBDIVISION: Motion by Tedesco,
Second by Hoffman, to adopt RESOLUTION NO. 96-397 approving addition of five 100
watt high pressure sodium lights to IES account for Suncrest Subdivision.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
BLOOMINGTON ROAD RAILROAD CROSSING AGREEMENT: Motion by Wirth,
Second by Campbell, to adopt RESOLUTION NO. 96-398 approving Bloomington Road
crossing agreement with Union Pacific Railroad.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON HYLAND AVENUE RECONSTRUCTION PROJECT, ONTARIO
STREET TO FOREST HILLS DRIVE: Mayor Curtis declared the public hearing open.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Hoffman, Second by Parks, to adopt RESOLUTION NO. 96-399 approving
final plans and specifications and awarding contract to Eco-tech Contractors in amount of
$308,489.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON ELECTRIC ADMINISTRATION & DISTRIBUTION WORK CENTER
ROOF REPLACEMENT: Mayor Curtis declared the public hearing open. There being no one
present wishing to testify, the public hearing was declared closed.
Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 96-400 approving
final plans and specifications and awarding contract to Maintenance Associates
Corporation of Marion, Iowa, in the amount of $168,650.00 for Distribution Work Center
Roof, deleting Electric Administration portion of project at this time.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON 1996/97 MANHOLE REHABILITATION PROGRAM: 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. 96-401 approving
final plans and specifications and awarding contract to Infra-Tech of Brooklyn Park, MN
in amount of $121,054.25.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ORDINANCE REGULATING TOUCHING WITH RESPECT TO CERTAIN
ENTERTAINERS: Motion by Campbell, Second by Hoffman, to pass on first reading an
ordinance regulating touching with respect to certain entertainers.
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Rick Nutt, 8804 New York, Des Moines, said he was the owner of the Krypton Club in Ames.
He said a recent Daily Tribune article mentioned the Krypton Club and The Main Event as being
affected by this proposed ordinance. He said however, the article seemed to indicate the
ordinance was primarily aimed at so-called "juice bars," rather than at liquor clubs. He said the
State Code did not address "juice bars," whereas his establishment had to comply with Iowa
liquor laws as well as obscenity laws. He said Staff had cited public health concerns,
prostitution enticement, and other criminal activities such as fighting as reasons for proposing
the ordinance. He said in the 4 ½ years his club has been in business in Ames, there has never
been a fight in his club. He said they have never had an arrest for a lewd act or for solicitation of
prostitution. He said there have been no health problems reported as a result of the dancing at
this club. He said the club itself has never been cited for serving a minor. He said he felt the
proposed ordinance was to regulate "juice bars," and as he is already governed by State liquor
laws and obscenity laws, liquor clubs such as his should be exempt from the ordinance.
Ron Cable, 414 E. Grand Avenue, Des Moines, said he was present representing Tina Bryson,
the owner of "Blondies" in Ames. He said he had just been retained by his client this afternoon,
and therefore had not had sufficient time to review the proposed ordinance. He asked that the
Council not suspend the rules regarding passage of an ordinance in this case, to allow him time
to review the ordinance and meet with Staff and his client on this issue.
Motion by Quirmbach to table. The Motion Failed for lack of a second.
Coun. Campbell Called for the Question.
Vote on Motion to End Debate: 6-0. Motion declared carried unanimously.
Roll Call Vote on Main Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco,
Wirth. Voting Nay: Quirmbach. Motion declared carried 5-1.
PARKING PROHIBITIONS ALONG 30TH STREET -- HOOVER TO ROY KEY
AVENUE: Motion by Wirth, Second by Parks, to pass on first reading an ordinance prohibiting
parking along 30th Street -- Hoover to Roy Key Avenue.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING PARKING PROHIBITIONS IN VICINITY OF EDWARDS
SCHOOL BUS DROP-OFF: Motion by Campbell, Second by Hoffman, to pass on second
reading an ordinance amending parking prohibitions in vicinity of Edwards School bus
drop-off.
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. 3400 amending parking prohibitions in vicinity of Edwards School
bus drop-off.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
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ORDINANCE PROHIBITING PARKING ON PORTION OF PRIVATE DRIVEWAY
WITHIN LIMITS OF STREET RIGHT-OF-WAY: Motion by Wirth, Second by Campbell,
to pass on third reading and adopt ORDINANCE NO. 3397 prohibiting parking on the
portion of a private driveway located in the limits of the street right-of-way.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE DESIGNATING HICKORY DRIVE PARKING PROHIBITIONS: Motion
by Campbell, Second by Hoffman, to pass on third reading and adopt ORDINANCE NO.
3398 maintaining parking prohibition on west side of Hickory Drive and extending a 60'
parking prohibition on west side of Hickory Drive to property line of 327 Hickory Drive,
including 309 and 315 Hickory Drive ( as amended at 8/13/96 Council meeting to include
the property line of 309 Hickory Drive.)
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE DESIGNATING SPEED LIMIT ZONE ON WEST LINCOLN WAY:
Motion by Tedesco, Second by Campbell, to pass on third reading and adopt
ORDINANCE NO. 3399 designating a 45 mph speed limit zone on West Lincoln Way
from Dakota Avenue to 3,960' west (Bentwood Subdivision) and a 50 mph speed limit
zone from Bentwood subdivision to County Line Road.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED IN THE
NORTHRIDGE PARKWAY SUBDIVISION: Motion by Parks, Second by Tedesco, to pass
on third reading and adopt an ordinance rezoning property generally located in the
Northridge Parkway Subdivision southwest of George Washington Carver Avenue and
north of Aspen Drive.
Motion by Hoffman, Second by Wirth, to Table.
Vote on Motion: 3-3. Voting Aye: Hoffman, Quirmbach, Wirth. Voting Nay:
Campbell, Parks, Tedesco. Motion to Table declared Failed 3-3.
Roll Call Vote on Main Motion: 3-3. Voting Aye: Campbell, Parks, Tedesco. Voting
Nay: Hoffman, Quirmbach, Wirth. Ordinance declared Failed on third passage.
COMMENTS AND FUTURE AGENDA ITEMS: Motion by Quirmbach, Second by
Tedesco, to refer to Staff petition received from Freel Drive property owners for installation of
sanitary sewer system on Freel Drive.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Wirth, to ask that request from South Duff property owners
regarding reimbursement for banner replacement be placed on next Council agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Hoffman noted the City had been recognized for being a corporate partner in the Iowa
Games. She said she had attended a reception at the Governor's Mansion and accepted a plaque
on behalf of the City, which she suggested might be displayed in the Council Chambers. She
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said they had also received a booklet and video that she would refer to the Parks and Recreation
Department.
Coun. Tedesco noted the Council would receive copies of the proposed legislative agenda from
the Legislative Committee of the Iowa League of Cities, on which he served.
Motion by Parks, Second by Tedesco, to refer to Staff letter dated August 22, 1996 from
Douglas Investors, LLC, regarding their Federal daycare project on Dayton Road, for a
report back on the next Council agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Parks asked if Staff had yet responded to a letter dated August 24, 1996 from Scott
Huebsch regarding the ad-hoc committee of ice users formed to discuss the Ames-ISU Ice
Arena. He said he felt it would be appropriate for the City Manager to respond to the letter.
Motion by Wirth, Second by Parks, to place reconsideration of ordinance regarding
towing of abandoned vehicles on the next Council agenda.
Vote on Motion: 4-2. Voting Aye: Campbell, Parks, Quirmbach, Wirth. Voting Nay:
Hoffman, Tedesco. Motion declared carried 4-2.
Mayor Curtis noted he had received an interpretation from the City Attorney that since the
ordinance had failed to pass on third reading at the August 13 meeting when Couns. Parks and
Wirth were absent, the "reconsideration" would require beginning the process anew, i.e., the
first reading of the ordinance.
Mayor Curtis noted the Chamber of Commerce Governmental Affairs & Local Issues Committee
would like to meet with the City Council sometime in September or October for an "open
forum." There was discussion regarding the intent of the proposed meeting.
ADJOURNMENT: The meeting adjourned at 9:35 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
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