HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/03/1996OFFICIAL MINUTES
OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
CITY OF AMES, IOWA
DECEMBER 3, 1996
The Ames City Council met in Regular Session at 7:00 p.m. on the 3rd day of December, 1996,
in the City Council Chambers in the City Hall, 515 Clark Avenue, Ames, Iowa, pursuant to law
with Mayor Larry R. Curtis presiding and the following Council Members present: Campbell,
Parks, Quirmbach, Tedesco, and Wirth. Coun. Hoffman arrived late.
CALL TO ORDER: 7:00 p.m.
CONSENT AGENDA: Motion by Tedesco, Second by Parks, to approve the following items on
the Consent Agenda:
1. Motion to approve payment of claims
2. Motion to approve Minutes of the Special Meeting of November 20 and Regular
Meeting of November 12, 1996
3. Motion to approve renewal of the following beer permits and liquor licenses:
a. Class C Beer - Kwik Shop, 715 24th Street
b. Class C Liquor - Whiskey River 132-134 Main
c. Class C Liquor - Aunt Maude's, 543/547 Main Street
d. Class C Liquor and Outdoor Service Area - O'Malley & McGee's Mexican
Cafe
4. Motion to approve certification of Civil Service applicants
5. RESOLUTION NO. 96-556 accepting completion of Ball Plastics Rail Siding
Project
6. RESOLUTION NO. 96-558 approving/denying request to reallocate World
Camp funding in amount of $750 to Y-Pal 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.
AUTHORIZATION TO PURCHASE FROM DOT PROPERTY ABUTTING YOUTH
SPORTS COMPLEX: Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO.
96-557 authorizing contract to purchase from Iowa Department of Transportation
property abutting Youth Sports Complex in amount of $82,000.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
CHRISTOPHER GARTNER PARK: Parks and Recreation Director Nancy Carroll noted
members of the Ames Foundation were in attendance to present a deed to the City for a 2.4 acre
parcel to be known as Christopher Gartner Park. She said this deed was a culmination of a
partnering effort between members of the South Dakota Neighborhood Association who raised
$55,000 to purchase the parcel, Ev Cochran who cooperated by selling the parcel to maintain this
public open space, the Ames Foundation which contributed significant funds and entered into the
Option Agreement with Cochran and Associates, and Michael and Barbara Gartner, who
contributed $10,000 to establish a lasting memorial for their son, Christopher.
Coun. Hoffman arrived at 7:04 p.m.
Bill Whitman, 502 Skycrest Drive, presented the Deed for Christopher Gartner Park to Mayor
Curtis, who accepted on behalf of the City of Ames.
Jim Gaunt, 4118 Aplin Road, said he wished to thank City Staff, specifically Parks and
Recreation Director Nancy Carroll, Planning and Housing Director Brian O’Connell, and City
Manager Steve Schainker, for their help and support with this effort.
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Reinhard Friedrich, 2513 Pierce Avenue, said as past President of the Ames Foundation, he
wished to point out that the Foundation is an all-volunteer group and 100% of the funds raised
for this effort go toward the project.
Ms. Carroll noted a formal ribbon cutting would be held at the park sometime in June of 1997,
and all would be invited.
Motion by Parks, Second by Tedesco to adopt RESOLUTION NO. 96-559 accepting
deed for a parcel entitled Christopher Gartner Park from the Ames Foundation.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
STATUS REPORT ON CLEAR WATER DIVERSION PROGRAM: Public Works
Director Paul Wiegand reviewed the Staff report which he noted was in response to the
Council’s request at the November 26, 1996 meeting for information concerning the funding and
activity levels in the Clear Water Diversion Program.
Motion by Tedesco, Second by Hoffman, to place on the December 17, 1996 Council
agenda consideration of funding up to $150,000 out of an available balance to clear up
the “waiting list” of the Clear Water Diversion Program.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC HEARING ON PROPOSED LEASE TO WESTERN PCS I CORPORATION
FOR LOCATION OF WIRELESS PERSONAL COMMUNICATIONS APPARATUS ON
SITE OF BLOOMINGTON ROAD WATER TOWER: 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 Hoffman, to adopt RESOLUTION NO. 96-576
authorizing a lease to Western PCS I Corporation at the site of the City of Ames Water
Tower on Bloomington Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC HEARING ON PROPOSED LEASE TO WESTERN PCS I CORPORATION
FOR LOCATION OF WIRELESS PERSONAL COMMUNICATIONS SERVICE
APPARATUS ON SITE AT HOMEWOOD GOLF COURSE: Mayor Curtis declared the
public hearing open.
David Ferree, representing the Ames Parks and Recreation Commission, noted the Commission
had met the previous evening to discuss this issue. He said there had been discussion that the
benefits of the lease agreement included some income to the City as well as some improvements
to be made at Homewood, yet no large trees would have to be removed. He said there had been
some discussion that the proposed tower would be better located in a Commercial area, but if it
were going to be on park land, this was probably least intrusive location. He said therefore, the
Commission had voted 4-3 to recommend that the City Council approve the proposed lease, with
the provision that the money provided be allocated for capital improvements at Homewood.
Carl Vondra, 324 E. 20th Street, said the proposed tower would be directly opposite his home,
and visible to drivers going either direction on 20th Street, and to those going north on George
Allen Avenue. He said he was concerned about the aesthetic impact, and also of setting a
precedent regarding what other “commercial” activities the City will accept on park land if they
approve this venture. He said many of his neighbors shared those concerns.
Marlaine Domoto, 1917 George Allen Avenue, said she would also be seeing the proposed
monopole. She said she didn't believe the parking area at Homewood should be paved, but felt
the natural greenery should be left alone. She said the proposed monopole would create an
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“eyesore.” She said her neighbors were concerned as well.
Lee Van Brocklin, 202 22nd Street, submitted a petition addressed to the City Council and the
Zoning Board of Adjustment, signed by 102 people in opposition to this proposed tower. He
said his personal concern was not with the removal of trees and greenery but with the aesthetics
of what would be visible. He said at the previously-held educational meeting on this issue, it had
been mentioned that the system was designed to service up to 100,000 units. He said when he
had asked for an estimate of the degradation of service if the company had to select a “second
choice” location, he was told 1,000 units. He said if 1% was the tradeoff for maintaining the
aesthetic quality of the Ames area, he would rather see the 1% loss of service.
Skip Walter, 132 Broadmoor Circle, noted earlier this evening, the Council had reaffirmed the
existence of the park system with the acceptance of the deed to Christopher Gartner Park. He
said he wished to see the Council reaffirm that action with attention to the purpose of zoning
laws. He said combining a park land usage with “commercial” usage would create a conflict.
Paul Drey, 3580 West 109th Street, Urbandale, said he was the attorney for Western PCS I, and
noted he was present with site engineers from the company to answer questions the Council
might have. He said the proposed structure is a monopole, but said he did not believe people
understood how the system would look, and he felt they may be experiencing some “fears of the
unknown.” He noted the system was designed to serve the public, and described it as a
telephone line that was hoped to one day replace existing phone lines. He said it would provide
a secure communication system that cannot be intercepted by others. He described the system as
being set up like a sprinkler system, with complete coverage needed to provide the best services
to the areas involved. He described how sites were selected to provide coverage and the best
service to the community. He said if this lease were approved along with the Bloomington Road
water tower lease, the two sites would provide appropriate coverage for the North Ames area.
Carl Quattrochi, Western Wireless, 3580 West 109th Street, Urbandale, agreed that the
combination of the two sites under consideration this evening would be appropriate to serve the
north Ames area. He said it was the company’s practice to co-locate on existing towers
whenever possible, but noted co-location required agreement from both parties involved.
Masheal Stamey, Western Wireless, 3580 West 109th Street, Urbandale, responded to questions
from Coun. Wirth regarding why this location was most suitable to work with the company’s
engineering specifications. She noted the tower could be constructed on private residential
property if the Zoning Board of Adjustment granted a Special Use Permit.
Mayor Curtis asked that the Record show as Mayor, he would veto the resolutions approving the
proposed leases unless Western Wireless agreed that co-location would be a major consideration.
Mr. Quattrochi said the company accepts that co-location will take place.
In response to a question from Marlaine Domoto, 1917 George Allen Avenue, Mr. Quattrochi
said if Sprint came to the Ames, it was hoped that they would co-locate with the existing
Western Wireless structures.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 96-575 authorizing
lease to Western PCS I Corporation for location of wireless personal communications
apparatus on site at Homewood Golf Course.
Roll Call Vote on Motion: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
Motion by Quirmbach that cash revenues from the first five years of this lease be used
for the betterment of Homewood Golf Course.
Mayor Curtis ruled the motion out of order, and said the matter should be considered at budget
time.
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PUBLIC HEARING ON PROPOSED ORDINANCE DESIGNATING PARKING
PROHIBITIONS ON HYLAND AVENUE: Mayor Curtis declared the public hearing open.
Janet Klaas, 1405 Grand, said she was a member of the Unitarian Fellowship, and was present to
ask Council to support allowing designated parking on Hyland. She said the church’s 50-60
parking lot spaces accommodate neither their church nor the other organizations that use the
facility. She said she has heard comments that the church should not be treated in a "special
manner,” but she said churches in the Downtown area use public areas for parking. She said the
proposed ordinance addressed a matter of equity, not special treatment, and she urged the
Council to adopt it.
Susan Franzen, 1216 Scott, distributed and reviewed a document entitled, “Balancing Use of
Hyland: The Case for Permitting Parking at Night and Sunday Mornings.” She said the
proposed ordinance would allow bicycle commuters unlimited access to the bike lanes during the
commuting hours, and Fresh Aire Delivery would have unlimited access during their delivery
times. She said recreational bikers will be inconvenienced as church members will be on their
downhill bike lane during Sunday morning hours. She said residents on Hyland and Ross Road
have an interest in parking on Hyland, and referred to a map showing the amount of parking on
Hyland now, and how the area would be affected if parking were prohibited on Hyland. She said
outside groups using the Unitarian Fellowship building would also be affected if parking were
removed. She said their building is suitable for 150-200 people, which is more than can be
accommodated by the spaces in their parking lots. She said at present, the church has
approximately 48 off-street parking spaces, and will have 64 once their south parking lot is
paved. She said the proposed ordinance would allow 50 cars to be parked on Hyland, and asked
where those cars were to go if parking were prohibited. She said the shuttle used during the
Hyland reconstruction was workable, but would be cost-prohibitive on a year-round basis. She
said the biking community was not monolithic, and read a letter from Ames/ISU Bicycle
Committee member Carl Mize dissenting with other Committee members and in support of
allowing Sunday parking on Hyland. She distributed a photocopied page of a section of the
Cupertino, California City Code, which referred to permitted parking on bike lanes, which she
said was in response to a comment made at the November 26, 1996 Council meeting that in other
communities, parking on bike lanes was prohibited.
Peg Vos, 1115 N. Hyland, read a letter from Dolores Abdulla, representing “Ames Few,” a
dance and theater company that uses space at the Unitarian Fellowship building, asking that the
theater’s need for available street parking be considered.
Clair Keller, 304 O’Neil Drive, said he supported Ms. Franzen’s comments. He said residents of
Hyland and Ross Road wish parking to be retained on Hyland, and the number of residents is a
known quantity whereas the number of bikers who would use the bike lane is not. He said
decisions were being made without knowing how many people will utilize the two bike lanes.
He said the reconstruction of Hyland will not be completed for some time, and he felt there was
no need for a rush to judgement. He said he could not understand why this particular stretch of
road has become such a focal point for bike paths.
Jim Gregory, 216 N. Hazel, said he questioned why the proposed ordinance would allow parking
from September through May 31, but prohibit it during the 3 summer months. He said the City
usually recognized a 9-month biking season. He said he was not opposed to allowing parking on
the bike lane on Sunday mornings for people attending the Unitarian Fellowship, but he had
concerns about other sections of the proposed ordinance, particularly that which allowed parking
at night. He said allowing parking on Hyland in the evening when it was too dark to see people
in cars who might be opening doors onto the bike lane would be very dangerous. He said if the
City was going to allow parking on Hyland, several Ames/ISU Bicycle Committee members felt
it would be better not to have the bike lanes at all. He said it was also important to note that the
bike lanes would be narrow, and bikers would have to swing out into the traffic lane a
considerable distance to avoid a parked car.
Mr. Gregory asked what plans the Unitarian Fellowship had for users of the facility during the
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summer months when parking on Hyland would not be allowed, and Ms. Franzen said they
anticipated reduced attendance in those months and felt users could be accommodated.
Joan Stein, 216 N. Hazel, said she wished to address the question asked previously regarding
why cyclists are interested in cycling on Hyland. She said it was a direct route to reach a number
of areas, and was a good road to use. She said it was important to note that the proposed
ordinance would allow the bikeway to be used as a parking lot. She said parking was not
allowed on sidewalks or roadways, and she didn’t think it should be allowed on bikeways either.
She said if parking on the bikeway would create dangerous situations where people might open
their car doors in an oncoming cyclist’s path. She said the proposed ordinance would be
confusing, and people wouldn’t know when to anticipate cyclists. She said the Council needed
to decide whether to make the on-street bikepath a bikeway or a parking area. She asked that it
be made a bikeway, 360 days a year, and that the City to live up to its claim of being a “Bicycle-
Friendly Community.”
She said Hyland was a new road, with the potential for an improvement that would allow cyclists
to have a space where they could be protected in their own area. She said it was a precedent-
setting issue. She said this was an opportunity for the City to decide what types of bikeways it
wants to create. She said she appreciated Staff’s work on creating this bikeway, and would like
to see it allowed to operate as such.
Janet McKee, 1939 Stevenson Drive, said she represented the Ames/ISU Bicycle Committee.
She said she agreed with Ms. Stein that Hyland presented an opportunity for the City to set a
precedent concerning its bikeways, and as a primary roadway it could serve as one model for
bicycle travel within the City of Ames. She cited Iowa City as an example of a city with a true
commitment to bicycle travel, and said parking on the bike lane was prohibited in that city. She
said if parking were allowed on what was supposedly a bike lane, it would not be a testimonial to
Ames being a Bicycle Friendly Community. She said Hyland was an opportunity to create an
historic on-street bike lane, and to compromise its utilization would make it laughable.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Quirmbach, Second by Hoffman, to pass on first reading an ordinance
allowing parking on the east side of Hyland from Pammel Drive to Ross Road from 7:00
p.m. to 7:00 a.m. every day, and from 9:00 a.m. to 1:00 p.m. on Sundays, from September
1 through May 31, with no parking allowed in the summer months.
Motion by Wirth, Second by Hoffman, to amend the proposed ordinance to read
“. . . allowing parking on the east side of Hyland from Pammel Drive to Ross Road from
7:00 p.m. to 6:00 a.m. every day. . .”
Vote on Motion to Amend: 6-0. Motion to Amend declared carried 6-0.
Motion by Tedesco, Second by Parks, to amend the proposed ordinance to prohibit
nighttime parking on the designated section of Hyland.
Vote on Motion to Amend: 2-4. Voting Aye: Parks, Tedesco. Voting Nay: Campbell,
Hoffman, Quirmbach, Wirth. Motion declared Failed 2-4.
Roll Call Vote on Ordinance as Amended: 4-2. Voting Aye: Campbell, Hoffman,
Quirmbach, Wirth. Voting Nay: Parks, Tedesco. Motion declared carried 4-2.
ORDINANCE TO AMEND MUNICIPAL CODE PERTAINING TO
COMMUNICATIONS TOWERS: Motion by Tedesco, Second by Parks, to pass on second
reading an ordinance amending Section 29.45 and Section 29.68 of the Zoning
Ordinance of the Ames Municipal Code pertaining to wireless communications towers.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Tedesco, Second by Hoffman, to suspend the rules regarding adoption of
an ordinance.
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Planning & Housing Director Brian O’Connell noted the Zoning Board of Adjustment was
scheduled to consider Western Wireless’s application for a Special Use Permit for the
Homewood Golf Course site on December 11, 1996.
Coun. Tedesco removed the Motion.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON WEST SIDE OF
SOUTH WALNUT AVENUE FROM LINCOLN WAY SOUTH TO SOUTH 3RD
STREET: Motion by Hoffman, Second by Parks, to pass on second reading an ordinance
designating parking prohibitions along the entire west side of South Walnut Avenue from
Lincoln Way south to South 3rd Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DEVELOPMENT REGULATIONS IN TWO-MILE FRINGE AREA: Motion by Parks,
Second by Tedesco, to pass on third reading and adopt ORDINANCE NO.3413
pertaining to subdivision plat approval in 2-mile fringe area.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE TO AMEND ZONING REGULATIONS PERTAINING TO PARKING
STANDARDS FOR SHOPPING CENTERS: Motion by Parks, Second by Tedesco, to pass
on third reading and adopt ORDINANCE NO. 3414 amending Section 29.40(12) of the
Zoning Regulations of the Municipal Code pertaining to parking standards for shopping
centers.
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 COUNTRY GABLES,
9TH ADDITION: Motion by Parks, Second by Tedesco, to pass on third reading and adopt
ORDINANCE NO. 3415 designating parking prohibitions in Country Gables, 9th
Addition.
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 FOR ONTARIO STREET
WEST OF NORTH DAKOTA: Motion by Parks, Second by Tedesco, to pass on third reading
and adopt ORDINANCE NO. 3416 designating parking prohibitions for Ontario Street
west of North Dakota.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor,
and hereby made a portion of these minutes.
COMMENTS AND FUTURE AGENDA ITEMS: Motion by Quirmbach, Second by
Hoffman, that the Mayor be directed to write a letter to TCI Cablevision urging a reversal of
the decision not to broadcast Chicago Cubs baseball games in the Ames area.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Quirmbach, Second by Wirth, to set 8:00 a.m. on Wednesday, December 11,
1996 as date of Special Meeting to consider new beer permit applications for three Kum
& Go establishments.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Hoffman asked that Staff look at the Kum & Go site on Welch Avenue, noting railroad
ties were built up between the sidewalk and the building.
Coun. Tedesco thanked friends and colleagues for their good wishes during his recent surgery
and said he appreciated the concern expressed.
Motion by Tedesco, Second by Wirth, to place on December 17, 1996 Council agenda
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consideration of allocating expenditure from Contingency Fund to install holiday lighting
for City Hall building, in time for next year’s holiday season.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Tedesco, Second by Wirth, to place on December 17, 1996 Council agenda
request from Ames Convention and Visitors Bureau for allocation of $1,000 from
Contingency Fund to offset costs related to 1995 Iowa League of Cities meeting at Hilton
Coliseum.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Wirth asked that Staff check to see if strobe lights and beacon lights used by several
businesses recently were appropriate under current ordinance requirements.
Mayor Curtis noted Council members had received a memo dated December 3, 1996 from
Assistant to the City Manager Sheila Lundt regarding the availability of ASSET Budget Request
books in the City Clerk’s Office.
Mayor Curtis asked Public Works Director Paul Wiegand to reiterate the City’s policy on snow
removal. Mr. Wiegand reviewed the City’s new brochure, “Snow Happens,” noting it was
available in many City Hall offices and various locations around town.
ADJOURNMENT: The meeting adjourned at 9:05 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
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