HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/10/1996
OFFICIAL MINUTES
OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA
SEPTEMBER 10, 1996
The Ames City Council met in regular session at 7:00 p.m. on the 10th day of September, 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, Parks, Quirmbach,
Tedesco, and Wirth. Coun. Hoffman was absent.
CALL TO ORDER: 7:00 p.m.
PROCLAMATION FOR CONSTITUTION WEEK: Mayor Curtis read a proclamation
designating September 17-23, 1996 as Constitution Week within the City of Ames, Iowa. Sue
Harris was present to accept the proclamation on behalf of the Daughters of the American
Revolution.
CONSENT AGENDA: Motion by Tedesco, Second by Campbell, to approve the
following items on the Consent Agenda:
1. Motion to approve payment of claims
2. Motion to approve Official Minutes of the Regular Meeting of August 27, 1996
3. Motion to approve renewal of the following beer and liquor licenses:
a. Class B Beer - Long John Silver's, Inc., 533 Lincoln Way
b. Class E Beer - Hy-Vee, Inc., 500 Main Street
c. Class C Liquor - The Corner Pocket, 125 Main Street
d. Class C Liquor - The Long Shot, 2900 West Street
e. Class C Liquor - Le's Vietnamese Restaurant, 113 Colorado
f. Class C Liquor - Cy's Lounge, 119 Main Street
4. RESOLUTION NO. 96-402 approving annual contract between the City of Ames
Human Relations Commission and the Iowa Civil Rights Commission
5. RESOLUTION NO. 96-403 accepting bids and awarding contract for 13.8 kV
substation metal-clad switchgear
6. RESOLUTION NO. 96-404 accepting bids and awarding contract for chemicals
for Power Plant
7. RESOLUTION NO. 96-405 accepting bids and awarding contract for medium
rock salt for 1996-97 Ice Control Program
8. RESOLUTION NO. 96-406 approving release of Deferred Real Estate Mortgage
for property located at 620 Ken Maril Road in connection with the City's Phase I
Affordable Housing Program
9. RESOLUTION NO. 96-407 accepting completion of Demolition of Flood
Damaged Property (Arcadia Lodge)
10. RESOLUTION NO. 96-408 approving renewal of natural gas contract with Iowa
1
Energy Applications (IEA) for Water Pollution Control Plant
11. RESOLUTION NO. 96-409 approving contract and bond for Hyland Avenue
Reconstruction Project, Ontario Street to Forest Hills Drive
12. RESOLUTION NO. 96-410 approving contract and bond for Electric Distribution
Work Center Roof Replacement
13. RESOLUTION NO. 96-411 approving Change Order for 1995/96 Clear Water
Diversion Program
Roll Call Vote: 5-0. 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.
REQUEST FOR COST SHARE OF SOUTH DUFF STREET BANNERS: Motion by
Wirth, Second by Tedesco, to adopt RESOLUTION NO. 96-412 approving 50% cost
share with South Duff Improvement Association for replacement of street banners, and
authorizing expenditure in amount of $653.22 from FY 1996/97 Contingency Fund.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
SUBMITTAL OF MAIN STREET APPLICATION IN CONJUNCTION WITH
CHAMBER OF COMMERCE: Motion by Tedesco, Second by Wirth, to approve submittal of
Main Street application in conjunction with Chamber of Commerce.
Vote on Motion: 5-0. Motion declared carried unanimously.
APPROVAL OF AMES HIGH HOMECOMING ACTIVITIES: Motion by Parks, Second
by Tedesco, to approve request from Ames High School Homecoming Committee for
fireworks permit for October 4, 1996.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mary Kitchell, 3132 Kingman, was present as a parent volunteer for the AHS Homecoming
activities and offered to answer any questions the Council might have regarding the annual
event.
Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 96- 413 approving
request from Ames High Homecoming Committee for closure of portions of 5th Street,
Clark Avenue, and Main Street on Monday, September 30, 1996, at 6:30 p.m. for Ames
High Homecoming parade, with stipulation that the committee provide adults to staff
City-provided barricades at 13 locations along the proposed route to block traffic
movements during the event.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
REQUEST FOR STREET CLOSURES FOR ISU HOMECOMING "STEP-OFF”
PARADE: Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 96-414
2
approving request from ISU Homecoming Central Committee to block Lincoln Way at
the Welch Avenue and Beach Avenue intersections on Friday, September 27, 1996 at 6:00
p.m. for ISU Homecoming "Step-Off" parade.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
REQUEST FOR STREET CLOSURES FOR 3 ON 3 BASKETBALL TOURNAMENT:
Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 96-415 approving
with stipulations a request from Campustown Action Association and the Ames Area
Sports Commission to close Welch Avenue from Chamberlain to the south side of the
Welch Avenue parking lot T, and Chamberlain Street from the east side of the Welch
Avenue intersection to the east mid-block at the Chamberlain parking Lot Y to allow
staging a 3 on 3 basketball tournament in conjunction with Baklot Sports, from 4:00 a.m.
October 5 until 6:00 P.M. October 6, 1996.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
REQUEST FOR STREET CLOSURE FOR CAMPUSTOWN ACTION ASSOCIATION
POST-GAME PARTIES: Motion by Tedesco, Second by Wirth, to adopt RESOLUTION
NO. 96-416 approving with stipulations a request from Campustown Action Association
for closure of the 100 block of Welch Avenue, between Lincoln Way and Chamberlain
Street, from 1:00 p.m to 9:00 p.m. on September 8 and October 12, 1996 for post-
game parties.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
REQUEST FOR CLOSURE OF MAIN STREET FOR FIRE PREVENTION WEEK
PARADE: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 96-417
approving request from Ames Fire Department for closure of Main Street from Duff
Avenue to Clark Avenue from 10:30 a.m. to 11:15 a.m. on October 12, 1996 for Fire
Prevention Week Parade.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
REQUEST FROM AMES ECONOMIC DEVELOPMENT COMMISSION FOR FISCAL
YEAR 1995/96 THIRD AND FOURTH QUARTER REIMBURSEMENT: Motion by
Tedesco, Second by Wirth, to adopt RESOLUTION NO. 96-418 approving request from
Ames Economic Development Commission for reimbursement in the amount of
$7,767.74 for third and fourth quarters of 1995/96.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
PROCLAMATION EXTENDING WELCOME TO ROMANIAN VISITORS: Mayor
Curtis noted a delegation of Romanian local government officials was visiting Ames from Sept.
3
2 - Sept. 13, organized by Iowa State University in cooperation with the International
City/County Management Association (ICMA). He read a proclamation extending greetings to
the group and welcoming them to the community. Monte Van Wort from Iowa State University
introduced the President of the Ialomita, Romania County Council, who accepted the
proclamation on behalf of the group. Mayor Curtis introduced Dan Condurat, Mayor of Sibiu
municipality, and asked the audience to join in singing "Happy Birthday" to Mr. Condurat.
HEARING ON BILLBOARD ZONING REGULATIONS: Mayor Curtis declared the public
hearing open. There being no one present wishing to testify, the public hearing was declared
closed.
Motion by Campbell, Second by Parks, to pass on first reading an ordinance amending
Municipal Code by enacting a new section for the purpose of establishing zoning
regulations pertaining to billboards.
Motion by Quirmbach, Second by Tedesco, to amend the proposed ordinance by deleting
paragraph 10 and all of its sub-paragraphs.
Vote on Motion to Amend: 3-2. Voting Aye: Parks, Quirmbach, Tedesco. Voting Nay:
Campbell, Wirth. Absent: Hoffman. Motion to Amend declared carried 3-2.
Motion by Wirth, Second by Tedesco, to amend the proposed ordinance to change times
of the up-lighting restriction to between the hours of 10 p.m. and 6:00 a.m.
Vote on Motion to Amend: 5-0. Motion to Amend declared carried unanimously.
Mayor Curtis noted the first passage process would start over again at a new public hearing on
September 24, 1996.
HEARING ON ONTARIO STREET PAVING PROJECT: 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. 96-419 approving
final plans and specifications and awarding contract to Con-Struct, Inc. of Ames, Iowa in
the amount of $340,738.05.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON LIME SLUDGE DISPOSAL PROJECT: 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 Wirth, to adopt RESOLUTION NO. 96-420 approving
final plans and specifications, awarding a contract to Armstrong Company of Ames in the
amount of $194,475.50, and approving contract and bond of same.
4
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
HEARING ON PROPOSED CONVEYANCE OF PROPERTY ADJACENT TO 601
CHELSEA COURT: Mayor Curtis declared the public hearing open. There being no one
present wishing to testify, the public hearing was declared closed.
Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 96-421 authorizing
quit claim deed of land by City of Ames to Delbert L. Harris and Isabel Harris.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
APPROVAL OF FEMA "PUBLIC ASSISTANCE" FLOOD CONTACT DESIGNATION:
Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 96-422
approving preliminary application documents for "public assistance" reimbursement for
expenses incurred responding to the June 1996 flood.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
PRELIMINARY APPLICATION FOR FLOOD MITIGATION GRANTS: Motion by
Tedesco, Second by Campbell, to adopt RESOLUTION NO. 96-423 authorizing
preliminary application for flood mitigation grants.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
VISIONAIRE DEVELOPMENT AGREEMENT: Motion by Tedesco, Second by
Campbell, to adopt RESOLUTION NO. 96-424 approving VisionAire Development
Agreement.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
FAA TAXIWAY AND IOWA DEPARTMENT OF TRANSPORTATION RISE GRANT
APPLICATION SUBMITTALS FOR THE VISIONAIRE PROJECT: Motion by Tedesco,
Second by Campbell, to adopt RESOLUTION NO. 96-425 authorizing submittal of RISE
grant application for paving of South Riverside Drive.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 96-426
authorizing submittal of FAA grant application for taxiway improvements.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REQUEST FROM DOUGLAS INVESTORS LLC FOR SANITARY SEWER SERVICE
5
ON DAYTON AVENUE: Dave Klatt, 1602 Woodhaven Circle, said he was a member of
Douglas Investors. He reviewed his letter dated August 22, 1996 to the Mayor and City Council,
outlining the developers' request to revisit the agreement they had signed at the time the City
annexed the property on Dayton Avenue. He reviewed the course of events involved in the
developers' working with the federal government to provide a daycare for National Animal
Disease Lab employees, and said at times it may have seemed that they were "putting the cart
before the horse." He said the issue at this time was whether or not the City would allow them to
develop another building on the lot. He said the federal government was one of the largest
employers in Ames, and the daycare was owned by federal employees, while Douglas Investors
owned the land. He said the developers had invested $70,000 in infrastructure for an extension
of the City's water main to the daycare, and had installed a pressurized sanitary sewer service
line. He said he had an engineer's opinion that the force line they had installed had sufficient
capacity to serve further development on the site and sewer service should not be a limiting
factor in such additional development. He said the Staff Report contained differences of opinion
between the developers and City Staff, and reviewed several of the points on which they
disagreed.
There was discussion regarding the Department of Natural Resources’ denial of the developers’
request for a variance from the requirement of a minimum 4 ft. separation distance between
water mains and sewer force mains, and Mr. Klatt said he was willing to accept the judgement
that the line may be less than 4 feet from the main in places. He said however, if they were
going to have to replace the force line, it seemed a moot point to make those corrections at this
time.
Mayor Curtis read from Section III G of the development agreement signed at the time of the
developers’ request for annexation, as follows: “No additional buildings requiring connection to
the City sanitary sewer system shall be permitted on the property described in this Agreement
until a public sanitary sewer main is constructed to within two hundred feet (200') of the above-
described property.”
Motion by Wirth, Second by Campbell, to deny request from Douglas Investors
regarding sanitary sewer service. Vote on Motion: 4-1. Voting Aye: Campbell,
Quirmbach, Tedesco, Wirth. Voting Nay: Parks. Absent: Hoffman. Motion declared carried
4-2.
SELECTION OF MEMBERS FOR CITIZENS TASK FORCE ON SINGLE-FAMILY
CONSERVATION OVERLAY ZONE COMPATIBILITY STANDARDS: Motion by
Quirmbach, Second by Wirth, to authorize Mayor to appoint citizens to serve as members
of a Citizens Task Force to assist in preparation of compatibility standards to be
incorporated into the Single-Family Conservation Overlay Zone, and to seek City
Council concurrence on the appointments.
Vote on Motion: 4-1. Voting Aye: Campbell, Quirmbach, Tedesco, Wirth. Voting
Nay: Parks. Absent: Hoffman. Motion declared carried 4-1.
6
Motion by Quirmbach, Second by Campbell, to adopt RESOLUTION NO. 96-427
approving the task force membership as contained in memorandum from Mayor Curtis to
City Council members, dated September 10, 1996, as follows: Jeff Benson, Dave Carter,
Mike Carter, Chris Cook, Harold Pike, Jim Popkin, and Chuck Winkleblack.
Roll Call Vote: 4-1. Voting Aye: Campbell, Quirmbach, Tedesco, Wirth. Voting Nay:
Parks. Absent: Hoffman. Resolution declared carried 4-1, signed by the Mayor, and
hereby made a portion of these minutes.
PLANNED-COMMERCIAL PLAN FOR PROPERTY AT 2406 GRAND AVENUE:
Motion by Tedesco, Second by Parks, to adopt RESOLUTION NO. 96-428 approving P-
C Plan for property located at 2406 Grand Avenue (First National Bank) with one
stipulation.
Dale Brentnall, 429 25th Street, said the Neighborhood Association felt the proposed P-C Plan
was a great improvement over what had been considered in the past, and thanked the City for its
patience in working through their concerns. He said there had been some concerns that the sign
requested might set a precedent, but noted each P-C Plan would require Council approval.
Bill Lee, of Rudi-Lee-Dreyer & Associates, said the Bank agreed to the stipulation and they
were pleased to hear the residents in the neighborhood were satisfied with the project.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
PRELIMINARY PLANS AND SPECIFICATIONS FOR SOUTHWEST AREA
SANITARY SEWER PROGRAM: Motion by Tedesco, Second by Quirmbach, to adopt
RESOLUTION NO. 96-429 approving preliminary plans, specifications, and estimate for
Southwest Area Sanitary Sewer Program (VisionAire & ISU Research Park); setting
October 2, 1996 as bid due date and October 8, 1996 as date of hearing and award of
contract.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor and
hereby made a portion of these minutes.
PRELIMINARY PLANS AND SPECIFICATIONS FOR SOUTHWEST AREA WATER
MAIN PROGRAM: Motion by Tedesco, Second by Quirmbach, to adopt RESOLUTION NO.
96-430 approving preliminary plans, specifications, and estimate for Southwest Area
Water Main Program; setting October 2, 1996 as bid due date and October 8, 1996 as
date of hearing and award of contract.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
MAIL BOX PLACEMENTS: Motion by Parks, Second by Tedesco, to adopt a policy
allowing breakaway mailboxes to be installed in the right-of-way; delegating authority to
Staff to approve any requests for non-breakaway mailbox installations and to issue
7
permits if the installation does not create a dangerous situation; and directing the City Attorney
to prepare an ordinance codifying this policy.
Vote on Motion: 5-0. Motion declared carried unanimously.
SOUTH WALNUT AVENUE STREET NAME CHANGE: Motion by Wirth, Second by
Parks, to initiate changing South Walnut Avenue street name to South Clark Avenue.
City Manager Steve Schainker said the process would begin with notification of residents.
Vote on Motion: 5-0. Motion declared carried 5-0.
ORDINANCE REGULATING TOUCHING WITH RESPECT TO CERTAIN
ENTERTAINERS: Motion by Tedesco, Second by Campbell, to pass on second reading an
ordinance regulating touching with respect to certain entertainers.
Rick Nutt, owner of the Krypton Club, said if this ordinances passed, he would have to close his
business. He said his establishment was considering hiring male entertainers, and said male
dancers would pass all provisions of the ordinance, while females would not. He said as a result,
his business could be charged with sexual discrimination. He said he didn't think the City would
want to pass an ordinance that could result in a sexual discrimination lawsuit.
Ron Cable, 414 E. Grand, said he was present on behalf of Tina Bryson, owner of Blondie’s in
Ames. He said he had previously asked Council to forego suspension of the rules to allow all
three readings of this ordinance at one meeting, in order to provide him with time to meet with
his client and City staff. He apologized that he had been unable to do so due to illness.
Roll Call Vote: 4-1. Voting Aye: Campbell, Parks, Tedesco, Wirth. Voting Nay:
Quirmbach. Motion declared carried 4-1.
30TH STREET PARKING PROHIBITIONS: Motion by Parks, Second by Tedesco, to pass
on second reading an ordinance prohibiting parking along 30th Street -- Hoover to Roy
Key Avenue.
Roll Call Vote: 5-0. Motion declared carried unanimously.
COMMENTS AND FUTURE AGENDA ITEMS: Coun. Quirmbach noted the passing of
Charlie Hammer, a former member of the Ames City Council and Board of Review. He said Mr.
Hammer had set the standards for public service and honesty and integrity, and will be missed
but not forgotten.
Motion by Tedesco, Second by Parks, to place requests from Mary Greeley Auxiliary
regarding "Fantasy of Trees and Lights" as contained in July 1, 1996 letter to the City
Council, on the September 24, 1996 Council agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
8
Coun. Tedesco noted Daley Park in the Bentwood Subdivision had been dedicated last weekend,
and thanked the Daley family and City staff for their efforts toward the creation of the beautiful
new park.
Motion by Parks, Second by Campbell, to set 5:00 p.m. on Monday, October 7, 1996
as date of special meeting for a public forum with the Governmental Affairs and Local
Issues Committee, a sub-committee of the Ames Chamber of Commerce.
Vote on Motion: 5-0. Motion declared carried unanimously.
When questioned by Coun. Parks, City Manager Steve Schainker said the developers of the
proposed Somerset Village (former Taylor Farm property) are meeting with City Staff next
Monday, September 16.
Motion by Parks, Second by Tedesco, to initiate rezoning of property generally located in
the Northridge Parkway Subdivision, southwest of George Washington Carver Avenue,
and to set September 24, 1996 as date of public hearing.
Coun. Quirmbach said he would look forward to meeting with the developers and hearing their
proposals.
Vote on Motion: 4-1. Voting Aye: Campbell, Parks, Quirmbach, Tedesco. Voting Nay:
Wirth. Absent: Hoffman. Motion declared carried 4-1.
Mayor Curtis said he shared the sentiments expressed by Coun. Quirmbach regarding Mr.
Hammer's passing.
ADJOURNMENT: The meeting adjourned at 8:25 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
9