HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/10/1995
OFFICIAL MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 10, 1995
The Ames City Council met in regular session at 7:10 p.m. on the 10th day of October, 1995, 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, Tedesco, and Wirth.
Couns. Brown and Parks were absent.
PROCLAMATION FOR FIRE PREVENTION WEEK: Mayor Curtis read a proclamation
designating the week of October 8-14, 1995 as Fire Prevention Week within the City of Ames,
Iowa. Assistant Fire Chief Ward Leek, Lt. Dave Davison, and Firefighter Scott Siberski from
the Ames Fire Department were present to accept the proclamation. Assistant Chief Leek
described several upcoming Fire Prevention Week activities, and encouraged residents to
participate.
CONSENT AGENDA: Motion by Campbell, Second by Hoffman, to approve the following items
on the Consent Agenda, removing Item 5 for Separate
Consideration:
Motion to approve payment of claims
Motion to approve renewal of the following beer and liquor licenses:
a. Class C Beer - Arnie's Petro Palace, 821 Lincoln Way
b. Class C Beer - Doc's Stop, Inc. 2902 E. 13th
Motion to refer to Planning and Zoning Commission request for annexation of property
generally located on Dayton Road west of the National Animal Disease Center
Motion to refer to Staff request to vacate excess right-of-way located south of R-50 and West
of George W. Carver Blvd. (Removed for Separate Consideration; See action at the end of this
section)
RESOLUTION NO. 95-446 approving appointment of James Triplett to fill vacancy on Housing
Board of Appeals
RESOLUTION NO. 95-447 approving appointment of Jane Greiner to Public Art Policy &
Acquisition Commission
RESOLUTION NO. 95-448 approving preliminary plans and specifications for Unit #7
Generator inspection and Generator Field Retaining Ring Replacement Project; setting
November 3, 1995 as bid due date and November 14, 1995 as date of hearing and award of
contract
RESOLUTION NO. 95-449 accepting bids and awarding contract to Municipal Pipe Tool
Company of Hudson, Iowa, in the amount of $42,675.10 for pipe cleaning for the Public Works
Department
RESOLUTION NO. 95-450 approving contract and bond of Con-Struct, Inc. in amount of
$779,657.80 for 24th/Grand Intersection Improvements
RESOLUTION NO. 95-451 approving contract and bond of Manatt',s Inc., in amount of
$186,785.88 for Duff Avenue Widening (10th-12th Street)
RESOLUTION NO. 95-452 approving request for subordination of mortgage lien for property
located at 316 Ken Maril Road
RESOLUTION NO. 95-453 approving purchase of right-of-way for frontage road purposes for
property located at 3504 Grand Avenue (Joy and Johnson Auction Company)
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
SEPARATE CONSIDERATION:
REQUEST TO VACATE EXCESS RIGHT-OF-WAY LOCATED SOUTH OF R-50 AND
WEST OF GEORGE W. CARVER BLVD: Coun. Wirth asked that specific information on how
zoning interacts with the request for an excess easement be included when this item returns to
the Council. She said she would also like information regarding the feasibility of an exchange
for park land. She said she wished to know how the easement fit with the Conceptual
Development Plan, and would also like information on how the Cy-Ride route might be affected.
Motion by Wirth, Second by Campbell, to refer to Staff request to vacate excess right-of-way
located south of R-50 and West of George W. Carver Blvd., with additional information to be
provided as stipulated.
Vote on Motion: 4-0. Motion declared carried unanimously.
PUBLIC FORUM: Larry Jahn, 3410 Oakland, said he was present representing Citizens for
Responsible Growth. He said the group was concerned that a request to approve an amendment
to the Landuse Policy Plan for property located at 4700 West Lincoln Way had been removed
from this evening's agenda. He said it had been announced at the September 20 Planning &
Zoning Commission meeting that this item would be considered at the October 10 City Council
meeting, and he thought that had been the Commission's recommendation. He said members of
his group and other citizens were prepared to speak on that issue this evening, but had learned
the item had been removed from tonight's agenda at the petitioner's request. He said he had
inquired of City Staff by what authority the item had been removed, and had discovered that
there was no written policy regarding how an item is placed on an agenda, yet there appeared
to be an unwritten policy that a proponent of an item may request its removal from a particular
agenda. He said apparently, the proponent need not give any reason for making such a request.
He said such a policy was arbitrary, unfair, and inconsistent with due process. He questioned
if those opposing a particular item would be allowed to remove it from an agenda as well. He
said the present policy gave the proponent an unfair advantage to remove an item when the
makeup of the Council suits his or her purposes. He said individuals shouldn't be allowed to
manipulate the agenda for their own purposes, and the current policy should be changed.
NEW CLASS E BEER PERMIT FOR K-MART: Motion by Tedesco, Second by Wirth, to
approve new Class E Beer Permit for K-Mart, 1405 Buckeye Avenue.
Vote on Motion: 4-0. Motion declared carried unanimously.
REQUEST FOR HOLIDAY LIGHTS ON CAMPUSTOWN TREES: Motion by Hoffman,
Second by Tedesco, to approve request from Campustown Merchants' Association for lights on
trees during holiday season.
Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON PROPOSAL TO AMEND MUNICIPAL CODE ZONING REGULATIONS
TO INCLUDE "JUICE BARS" IN DEFINITION OF ADULT ENTERTAINMENT
ESTABLISHMENTS: 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 Campbell, to pass on first reading an ordinance amending the
Municipal Code zoning regulations to include "juice bars" in the definition of adult
entertainment establishments.
Roll Call Vote on Motion: 4-0. Motion declared carried unanimously.
HEARING ON AMENDMENT TO CHAPTER 31 OF MUNICIPAL CODE, HISTORICAL
PRESERVATION DISTRICTS: Mayor Curtis declared the public hearing open.
City Attorney John Klaus noted a non-substantive revision to the draft ordinance had been
placed around the dais this evening.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Wirth, Second by Tedesco, to pass on first reading an ordinance amending Chapter
31 of the Ames Municipal Code, dealing with Historical Preservation Districts.
Roll Call Vote: 4-0. Motion declared carried unanimously.
REVOLVING LOAN FUND APPLICATION FOR UNIVERSITY SYSTEMS
TECHNOLOGY: Motion by Tedesco, Second by Campbell, to adopt RESOLUTION NO. 95-454
approving a $39,000 Revolving Loan Fund loan for University Systems Technology, subject to
the company providing acceptable security provisions.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
DISCUSSION OF BILLBOARD REGULATIONS: Planning and Housing Director Brian
O'Connell reviewed the Staff Report prepared in response to a previous request from Council.
Coun. Tedesco said he felt the City should look at permitted and restricted areas for billboards,
perhaps allowing them only in Industrial areas. He said he did not believe they were appropriate
in the Downtown area.
Coun. Wirth said she did not feel Planned-Industrial areas such as the ISU Research Park were
appropriate locations for billboards either.
Coun. Hoffman said she felt location of the signs was a consideration, but said height was a
concern as well.
City Attorney John Klaus said Staff would research the amortization approach previously used
by the City of Des Moines. He suggested the Council should give Staff the direction they
wished to pursue in this matter, and Staff would report back on the legal issues involved.
Coun. Campbell said they should consider whether billboards were desired within the City
limits. She said she had difficulty approving "visual blight" in one area, but not in others.
Coun. Tedesco said he agreed, noting the City's Industrial areas were not "heavy" industrial or
manufacturing areas.
Coun. Hoffman said she agreed that aesthetics were a key issue. She said billboards would not
enhance the City's entryways.
Coun. Campbell said she wished Staff to prepare the most restrictive policy possible. She said
she was uncomfortable with the idea of giving Industrial areas second-class status.
Mayor Curtis said he felt a total ban on billboards would be a losing proposition. He said he felt
Staff should return with a recommendation based on size, height, and land use restrictions.
City Attorney Klaus said another approach might be to regard the renting of a blank space as a
business in and of itself, and have the Zoning Board of Adjustment consider each request as a
special use permit.
Coun. Wirth said she would like to see a proposal to limit billboards only to G-I areas, in a
smaller size than previously allowed. She asked if Staff might provide visuals such as slides or
a video to help differentiate between various sizes and heights of signs. There appeared to be
consensus that such visuals might be helpful.
APPROVAL OF AIRPORT LEASE WITH FEDERAL AVIATION ADMINISTRATION
FOR GLIDE SLOPE ON RUNWAY 01: Motion by Tedesco, Second by Hoffman, to adopt
RESOLUTION NO. 95-455 approving airport lease with FAA for glide slope on Runway 01.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
REQUEST FROM IOWA DEPARTMENT OF TRANSPORTATION FOR CONNECTION
TO SANITARY SEWER FOR PROPERTY OUTSIDE CORPORATE LIMITS: Motion
by Tedesco, Second by Wirth, to adopt RESOLUTION NO. 95-456 rejecting Iowa Department
of Transportation request for connection to sanitary sewer for property outside corporate limits.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
SOUTH DAKOTA PARK: Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO.
95-457 approving agreement between City of Ames/South Dakota Neighborhood
Association/Ames Foundation regarding South Dakota Park.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Motion by Wirth, Second by Tedesco, to adopt RESOLUTION NO. 95-458 approving easement
agreement between Cochranes/City of Ames.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
UTILIZATION OF PROCEEDS FROM CENTER FOR PERSONAL DEVELOPMENT
SALE OF PROPERTY AT 1008 BURNETT: Bill Marion, Past President of the Center for
Personal Development Board of Directors, said the Board anticipated outstanding bills for the
Center will be received in the next week or so, and said any remaining funds would be
committed to the City. He estimated there might be $5,000 available in remaining funds.
Motion by Wirth, Second by Hoffman, that the City commit the funds received from the Center
for Personal Development's sale of property at 1008 Burnett to a housing project, and that the
funds be reserved until the most viable project can be determined.
Vote on Motion: 4-0. Motion declared carried unanimously.
AMENDMENT TO STREET BANNER POLICY: Motion by Hoffman, Second by Tedesco, to
adopt RESOLUTION NO. 95-459 eliminating the $5.00 per pole per month service fee and the
30-day time limit in the City of Ames Street Banner Policy.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
REPORT ON ANNUAL RESIDENT SATISFACTION SURVEY RESULTS: Public
Information Officer Pam Reinig reviewed the Thirteenth Annual Resident Satisfaction Survey
Report.
Motion by Tedesco, Second by Wirth, to accept Thirteenth Annual Resident Satisfaction Survey
Report.
Vote on Motion: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON ROY KEY AVENUE
FROM BLOOMINGTON TO TOP-O-HOLLOW: Motion by Tedesco, Second by Campbell,
to pass on first reading an ordinance designating parking prohibitions on Roy Key Avenue from
Bloomington to Top-O-Hollow.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING SMOKE-FREE CITY BUILDINGS AND VEHICLES:
Motion by Tedesco, Second by Wirth, to pass on first reading an ordinance designating smoke-
free City buildings and vehicles, effective May 1, 1996.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY LOCATED AT 202 KEN MARIL ROAD: Motion
by Tedesco, Second by Wirth, to pass on third reading and adopt ORDINANCE NO. 3348
rezoning property located at 202 Ken Maril Road from A-1 (Agricultural) to R1-10 (Low-
Density Residential).
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING PARKING PROHIBITIONS IN NORTHRIDGE PARKWAY
SUBDIVISION, 13TH ADDITION: Motion by Hoffman, Second by Wirth, to pass on third
reading and adopt ORDINANCE NO. 3349 an ordinance prohibiting parking along the north
side of Goldenrod Circle, Evergreen Road, and the south side of Tupelo Circle in the Northridge
Parkway Subdivision, 13th Addition.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING SPEED LIMITS FOR BLOOMINGTON ROAD, HOOVER
TO GRAND: Motion by Tedesco, Second by Campbell, to pass on third reading and adopt
ORDINANCE NO. 3350 designating speed limits for Bloomington Road, Hoover to Grand
Avenue.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING PARKING PROHIBITIONS FOR BLOOMINGTON ROAD,
HOOVER TO GRAND: Motion by Tedesco, Second by Campbell, to pass on third reading and
adopt ORDINANCE NO. 3351 an ordinance designating parking prohibitions for Bloomington
Road, Hoover to Grand Avenue.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE DESIGNATING BLOOMINGTON ROAD, HOOVER TO GRAND AVENUE,
AS A THROUGH STREET: Motion by Tedesco, Second by Campbell, to pass on third reading
and adopt ORDINANCE NO. 3352 an ordinance designating Bloomington Road, Hoover to
Grand Avenue, as a through street.
Roll Call Vote: 4-0. Motion declared carried unanimously.
COMMENTS AND FUTURE AGENDA ITEMS: Coun. Wirth said she has been working with
the Thriving Families group, funded through a grant received by YSS, and facilitated by MICA.
She said the group has divided its efforts into three areas, one of which is housing. She said they
are looking at supplying emergency rental assistance, helping with home ownership
opportunities, and a County-wide strategic plan. She said they have considered working through
the Story County Mayor's Association for this regional, County-wide effort.
Coun. Tedesco said he thought it would be appropriate to have a report on the Main Street bird
control devices on the agenda for the first meeting in November. He noted the Council had
previously adopted a motion to issue a contract for removal of the trees sometime this winter,
and felt there should be further discussion before that was carried out.
Mayor Curtis invited the public to attend the October 17, 1995 Town Meeting on the Budget,
to be held at 7:00 p.m. in the City Council Chambers.
Coun. Hoffman thanked Public Information Officer Pam Reinig for doing good work for the City
the past couple of years, and wished her well in her new position.
Coun. Campbell questioned whether the Council needed to examine how issues are pulled from
the agenda, noting concerns raised during Public Forum this evening. Mayor Curtis said
requests come in several different ways. He said sometimes Council members request an item
be removed from an agenda when they know they are going to be absent. He said Staff usually
tries to honor that request, noting that otherwise, there would likely be a motion to reconsider
at the subsequent Council meeting. He said many such decisions are made between the Mayor's
Office and Staff when it is known a full Council will not be present for a particular item. He
said in other instances, Staff receives the request directly from the petitioner. He said he felt the
petitioner should have that prerogative, and that Staff's action was appropriate.
City Attorney John Klaus said he had to respectfully disagree with a previous statement that this
was a matter of procedural due process. He said legal due process was provided through the
public hearing that is required by law for a rezoning. He said the item under discussion was not
a rezoning hearing, in which a notice was posted and public hearing held. He said that step
would come later on.
Coun. Wirth said she realized it sometimes posed a difficulty to the public, but said it was
important that the Council retain some flexibility regarding the scheduling of items on the
agenda.
Coun. Hoffman asked whether it might be possible to get more information to the public via the
press. Mayor Curtis said he would not like to think the Council's agenda was driven by the
press. He said many of the decisions amending the agenda were made on the Monday before
the meeting, noting the Open Meetings Law stipulated notice must be posted at least 24 hours
before the meeting. He said no statutory rules had been violated in this situation.
ADJOURNMENT: The meeting adjourned at 8:20 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor