HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/22/1994MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 22, 1994
The Ames City Council met in regular session at 7:00 p.m., November 22, 1994, in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry Curtis presiding
and the following Council Members present: Campbell, Hoffman, Parks, Tedesco, and Wirth.
Coun. Brown arrived late.
BEAUTIFICATION AWARDS: On behalf of the Ames Beautification Committee, Chairperson
Bill LaGrange presented City of Ames Beautification Awards to the following groups: Story
County Master Gardeners; Faculty Women's Club/Nature Study Group; Ames Garden Club;
Soroptimist Club; Rotary Club; Kiwanis Club; and the Ames Foundation.
Reinhard Friedrich, President of the Ames Foundation, noted a celebration would be observed in
May of 1995 to honor the Foundation's 20 year anniversary.
Coun. Brown arrived at 7:03.
CERTIFICATE OF ACHIEVEMENT FOR CITY FINANCE DEPARTMENT: The
Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ending June 30,
1993, from the Government Finance Officers Association, was presented to the City of Ames
Finance Department and accepted by Sue Rybolt, Assistant Finance Director. Mayor Curtis noted
the Finance Department has received this award for the past 15 years.
PUBLIC FORUM: No one appeared to speak at this time.
P-C PLAN AMENDMENT FOR ADDITION TO KENTUCKY FRIED CHICKEN
RESTAURANT AT NORTH GRAND MALL: Mayor Curtis noted there had been a request to
change the order of the agenda, due to an illness in the applicant's family.
Motion by Hoffman, Second by Tedesco, to adopt RESOLUTION NO. 94-499
approving P-C Plan Amendment for an addition to Kentucky Fried Chicken
Restaurant at North Grand Mall.
Coun. Hoffman asked how this addition would impact the availability of parking spaces at North
Grand Mall. Director of Planning and Housing Brian O'Connell explained how Staff had developed
the parking standard of 5.5 spaces per 1,000 sq. feet of mall buildings that depend on parking spaces.
He said that standard may pose a future policy question for the Council if a request is made for mall
expansion. He said the present standard will limit future expansion to about 6,000 sq. feet.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
CONSENT AGENDA: Mayor Curtis noted item #52 on the amended agenda had been pulled by
Staff.
Motion by Parks, Second by Wirth, to approve the following items on the
Consent Agenda, removing Items #4 and #7 for separate consideration:
Motion to approve payment of claims
Motion to approve the minutes of the regular meetings of October 25 and
November 1 and of the special meetings of October 27, November 4, and
November 9, 1994 (Removed for separate consideration; see action at the
end of this section)
Motion to approve renewal of the following beer and liquor licenses:
a. Class C Beer - Kwik Shop #550, 715 24th Street
b. Class C Liquor - Whiskey River, 132-136 Main
Motion to approve Civil Service applicants
Motion to approve increase from .5 FTE to .75 FTE for Public Access
Technician (Removed for separate consideration; see action at the end of
this section)
RESOLUTION NO. 94-472 approving release of housing rehabilitation
mortgages
RESOLUTION NO. 94-473 approving financial commitment agreement
between City of Ames and Norwest Bank in connection with Phase III of
the City's Affordable Housing Program in Bentwood Subdivision
RESOLUTION NO. 94-474 approving final plat for 2nd Addition to
Country Estates Subdivision
RESOLUTION NO. 94-475 accepting Voices of the Prairie City Hall
artwork
RESOLUTION NO. 94-476 accepting bids and awarding contract in amount
of $49,858.00 to Freightliner of Des Moines for 4-Door Cab/Chassis and
to LuVerne Fire Apparatus of Brandon, South Dakota in amount of
$127,883.00 for Fire Apparatus Body, Equipment, and Conversion
RESOLUTION NO. 94-477 accepting bids and awarding contract to Iowa
Electric Supply Company in amount of $63,525.00 for Underground
Electric Cable
RESOLUTION NO. 94-478 accepting bids and awarding contract to Wright
Tree Care Company in amount of $44.70 per crew hour for Winter Tree
Trimming Services
RESOLUTION NO. 94-479 accepting completion of North Dakota Avenue
Elevated Water Storage Tank Project in amount of $207,760.00
RESOLUTION NO. 94-480 approving change order and accepting
completion of 1994 Street Reconstruction & Resurfacing Program in
amount of $1,171,234.19
RESOLUTION NO. 94-481 accepting completion of 1994 Concrete Repair
Program in amount of $337,950.60
RESOLUTION NO. 94-482 accepting completion of Relocation of 69 kV line
on Mortenson Road in amount of $111,222.11
RESOLUTION NO. 94-483 accepting completion of Campustown
Improvements II/Clocktower Project in amount of $218,000.00
RESOLUTION NO. 94-484 approving contract and bond in amount of
$68,755.00 for Maxwell Avenue Sanitary Sewer Project
RESOLUTION NO. 94-485 approving contract and bond in amount of
$321,249.00 for No. 8 Turbine Generator Inspection Project
RESOLUTION NO. 94-486 approving plans and specifications for repair of
Electric Utility Unit 7 Auxiliary Transformer; setting December 8, 1994
as bid due date and December 20, 1994 as date of hearing and award of
contract
RESOLUTION NO. 94-487 approving 28-E agreement with City of Slater
for Resource Recovery Center
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
SEPARATE CONSIDERATION:
MINUTES OF REGULAR MEETINGS OF OCTOBER 25 AND NOVEMBER 1 AND OF
SPECIAL MEETINGS OF OCTOBER 27, NOVEMBER 4, AND NOVEMBER 9, 1994: Coun.
Campbell cited an amendment to the Minutes of the Regular Meeting of November 1, 1994.
Coun. Brown said while the Minutes of the Regular Meeting of October 25, 1994 accurately
reflected her "Nay" vote regarding an amendment to the Land Use Policy Plan for Lot 2, QuikTrip
Subdivision, she wanted the Record to show that she had misunderstood the motion to deny the
request to amend the LUPP. She said her intent was to support that denial.
Motion by Campbell, Second by Brown, to amend the Minutes of the Regular
Meeting of November 1, 1994 and accept Coun. Brown's comments for the
Record.
Vote on Motion: 6-0. Motion declared carried unanimously.
Motion by Brown, Second by Wirth, to approve the Minutes of the
Regular Meeting of November 1, 1994 as amended, and of the Regular
Meeting of October 25 and the Special Meetings of October 27, November 4, and November 9,
1994 as presented.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC ACCESS TECHNICIAN POSITION: Coun. Hoffman asked the duties of this expanded
position. Assistant to the City Manager Sheila Lundt explained that the duties would be a
continuation of those of the present position, but the expanded hours would allow for more attention
to such responsibilities as checkout and return of equipment and updating of paperwork.
Coun. Tedesco referred to the October 20, 1994 memo from the Cable TV Coordinator regarding
Public Access policies and procedures. He expressed concerns about missing City equipment and
said it was a very serious matter.
Coun. Parks asked that prior to the Cable TV Commission's December 20 presentation to Council,
Staff provide the Council with a briefing of all appropriate alternate uses for Public Access funding,
if the Council chose to eliminate budget support for Public Access.
Motion by Hoffman, Second by Tedesco, to approve increase from .5 FTE to
.75 FTE for Public Access technician.
Vote on Motion: 6-0. Motion declared carried unanimously.
NEW LIQUOR LICENSES: Motion by Tedesco, Second by Hoffman, to approve
request for new Class E Liquor License for The Keg Shop, 218 Welch, and
new Class C Beer License for the Garden Cafe, 546 Main Street.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIREWORKS PERMIT FOR FIRSTAR BANK: Motion by Parks, Second by
Tedesco, to approve request from FirStar Bank for fireworks permit on
December 31, 1994.
Vote on Motion: 6-0. Motion declared carried unanimously.
PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 1008 BURNETT (CENTER
FOR PERSONAL DEVELOPMENT): Motion by Wirth, Second by
Hoffman, to adopt RESOLUTION NO. 94-488 approving purchase agreement
for property located at 1008 Burnett.
Coun. Tedesco asked the balance owing on this property. Bill Marion, President, Center for
Personal Development Board of Directors, said there was an approximate $10,000 mortgage on the
property. He discussed the current low fund balance for the Center, and said most of the excess from
the purchase price would go toward meeting unemployment obligations for the 4th quarter of this
year. He said the purchase offer was contingent upon the buyer selling another property. He said
the buyers were allowed until December 31 for loan approval, but if it doesn't occur, the Board may
have to return to the Council. He said they currently have a purchase agreement from the Ames
Community School Center for the Center's property on 6th Street, and were waiting for approval
from the Attorney General's office to sell that property.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
REQUEST FOR AFTERCARE FUNDING (RICHMOND CENTER): Motion by Wirth,
Second by Hoffman, to approve request from Richmond Center for funding for aftercare.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON LEASE OF CITY LAND TO AMES YOUTH SPORTS COMPLEX, INC.:
Mayor Curtis declared the public hearing open.
Mary Sand, 245 Todd Circle, spoke in opposition to the use of the proposed site. She cited a number
of concerns regarding safety of the proposed site, and submitted a letter and supporting
documentation into the Record.
Merlin Pfannkuch, 1424 Kellogg, said the final version of the proposed lease had not been available
in time to allow citizens an adequate opportunity to review it. He asked that the Council table a
decision on this item until such an opportunity for review had been provided.
Emery Sobottka, Director of Environmental Health and Safety for Iowa State University, said he
wished to respond to the letter Coun. Brown received from the Childhood Cancer Research Institute
in Massachusetts. He said while the letter stated there was evidence of migration of contaminants,
he said there were detectable levels of thorium decay products in all soils as part of a natural
variation of background materials. He said the State Health Department would corroborate his
statement. He said there was not scientific evidence to back up the Research Institute's claims that
natural background radiation was responsible for spontaneous childhood cancers. He said no facts
have been produced to substantiate the Institute's arguments that the background radiation levels
pose a health risk.
Harry McMaken, 234 S. Franklin, Vice President of Ames Youth Sports Complex, Inc., said the
group has been working on this proposal for nearly two years and have proceeded cautiously and
waited for public input at every opportunity. He said they have decided to proceed only after being
completely satisfied with answers to the safety issue, and said the proposed lease is satisfactory to
them. He described their organization, saying they represent three non-profit private corporations:
the Ames Girls Softball Association, Ames Little League Baseball, and the Ames Soccer Club. He
said the only thing private about their organization is that their meetings are held privately. He said
they do not restrict access to any youth in the Community, and that therefore, they are truly
representative of all the youth of Ames. He said the benefits of the proposed Complex would
include youth involvement, ability to return existing parks back to the neighborhoods, a centralized
location which would ease traffic problems, and provision of a sense of community pride in the
facility.
There being no one present wishing to testify further, the public hearing was declared closed.
Coun. Hoffman asked the City Attorney to respond to Mr. Pfannkuch's concerns regarding the
proposed lease being available for public review. City Attorney John Klaus said a lease was on file
in the City Clerk's Office from the time the Council passed a resolution proposing the transaction.
He said late last week, AYSC, Inc. had requested some revisions to the lease on file. He said those
revisions were not substantial, however.
City Manager Steve Schainker reviewed the lease, and pointed out the areas where the revisions
occurred.
Mr. Pfannkuch said it had not been his intent to criticize Staff. He said he had been given a copy
of the original proposed lease, but had no way of knowing whether the revisions referred to in the
City Manager's November 18, 1994 memo to the Council were substantive revisions.
Motion by Campbell, Second by Tedesco, to adopt RESOLUTION NO. 94-489
approving lease agreement between the City of Ames and Ames Youth Sports Complex, Inc.
Coun. Wirth expressed concerns that there had been no information from Staff regarding zoning
issues and traffic impact issues involved in the proposal. Coun. Parks said the Council had not
looked at underlying zoning issues in many other instances of public improvements.
Water Department Director Tom Neumann discussed the organizations involved in testing the site
for safety issues, including Ames Lab personnel, outside consultants such as RUST Engineering,
and the Iowa Department of Public Health. He said he could not explain why the Iowa Department
of Natural Resources (IDNR) did not participate, but they did not make any public or staff
contributions to the process. He said the IDNR had stated the Department of Health was the
appropriate State agency to conduct the review. He said the Health Department, in cooperation with
City staff and Ames Lab personnel, developed the investigative plan to sample the entire 90 acres
that the City owns at this location, and the Health Department made the appropriate contacts to find
a consultant to conduct the study. He said the resulting report gave clearance to the area outside the
fenced-in 12 acre compound where the WPC plant was located, and identified four spots within the
compound which showed slightly elevated levels of residual contamination. He said originally 13
locations of elevated background materials had been identified, only four of those exceeding the
standards. He said the Department of Energy made arrangements for cleanup of those locations this
past October. He said the Health Department has since taken samples of the area, and the results
submitted to the University Hygienics Lab in Iowa City, the EPA laboratory, and the Ames
Laboratory for quality control and assurance testing. He said the results of those tests have not yet
been received. He said at this point, however, the area outside the fenced-in compound has been
cleared by the Health Department for unrestricted use. He said a letter from the EPA Region 7
Super Fund group had been received acknowledging that the State Department of Health is the
agency to make that judgement.
Coun. Brown questioned why studies were done when the original statements said there was no
contamination. Mr. Neumann said he felt the original statements were correct, and said he has seen
no evidence to document any health concern. He said the standards used by the Health Department
were applicable to uranium mining operations. He said there was no standard for the type of facility
proposed.
Coun. Brown said she questioned why money was being spent for cleanup efforts if no problem
existed. Mr. Neumann said he did not believe there was a health problem, but there was a perception
of a problem. He said he felt there was a public concern that rightfully deserved some type of
response to confirm that there was no health risk in this location. Coun. Brown asked if Mr.
Neumann were concerned that the report did not address the standards for children, and Mr.
Neumann said he was not.
City Manager Steve Schainker noted a summary of the Parks and Recreation Commission's views
on this issue had been included in the Council packet of information.
Brad Nau, M.D., McFarland Clinic, said he wished to respond to concerns of safety risks. He said
the proposed site was approximately 1200 feet from the area of contamination. He said at no time
has there been contamination or cleanup at the site of the proposed Complex. He said that point
needed to be emphasized. He said that site posed no more risk for children than any other site in
town.
Coun. Wirth said while she felt the health concerns had been adequately addressed, she was
uncomfortable that traffic concerns had not been. She said traffic problems already existed in the
South Duff Corridor, and this proposal would bring additional traffic to the area.
Coun. Tedesco said he felt the Council had taken more than reasonable steps to address the health
issue, and said he felt the site was safe. He said he felt there was no finer use for this site, and the
Council should do what it could to help the process. He said he felt the changes to the proposed
lease had been relatively minor, and he would support approval of the document.
Coun. Hoffman said she felt there was a perception that the site for the proposed lease had been
contaminated, and said she felt that myth might be dispelled if people could see the lay of the land
and how far apart the two areas actually were.
Roll Call Vote: 4-2. Voting Aye: Campbell, Hoffman, Parks, Tedesco.
Voting Nay: Brown, Wirth. Resolution declared adopted 4-2, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON REZONING PROPERTY LOCATED AT 221, 223, 229, and 301 STANTON
AVENUE FROM R-3 (MEDIUM-DENSITY RESIDENTIAL) TO R-4 (HIGH DENSITY
RESIDENTIAL): Mayor Curtis declared the public hearing reconvened from the November 1,
1994 meeting.
Robert Oshel, 2336 Knapp, said he wished to clarify his statements from the November 1, 1994
meeting, saying while he believed the applicant's proposal was a good one, he felt the same goals
could be accomplished under the current R-3 zoning. He said the City could provide a variance and
allow the applicant to proceed with his proposal. He said he was concerned what might happen
when the property changes hands. He said the Council had voted in the past to keep this area as an
R-3 buffer zone.
Shirley Tice, 1810 Northwestern, said she was speaking for Paul Busch, the applicant. She said the
proposal remained the same as presented at the November 1 meeting. She said if this area was
currently a buffer zone, it was an odd one because of other apartment buildings and commercial
buildings in the area. She said if the area were rezoned, there would still be a buffer zone at Knapp
Street.
There being no one further wishing to testify, the public hearing was declared closed.
Planning and Housing Director Brian O'Connell said the option of contract rezoning was mentioned
at the November 1 meeting to relieve concerns about what might happen in the future. He said the
property owners had contemplated that option, but had decided not to pursue it and were asking for
consideration of the zoning request as originally proposed.
Coun. Tedesco asked if this area was designated R-4 on the LUPP, and Mr. O'Connell said that it
was.
Coun. Campbell said she had made the motion to table this item at the November 1 meeting, as there
were only four Council members present and she felt it more appropriate to have the full Council
consider a rezoning issue. She said the biggest concerns seemed to revolve around what might
happen if the property changed hands in the future and whether enough parking would be available
should the maximum number of units allowed under R-4 be constructed at a later date.
Mr. O'Connell said a remote parking agreement or ramp would be needed to provide the number of
parking spaces required for the maximum number of units to be constructed on the property, and
while that was possible, it was not the practice seen in this community.
Motion by Tedesco, Second by Parks, to pass on first reading an ordinance rezoning property
located at 221, 223, 229, and 301 Stanton Avenue from R-3 (Medium-Density Residential) to
R-4 (High-Density Residential).
Coun. Campbell said while she appreciated the number of concerns that had been expressed, she felt
this area was not a buffer area. She said rather, the area further south served as a buffer area and
should be maintained as such. She said she felt the Council needed to examine the adequacy of
parking requirements in the LUPP update process and Zoning Code revisions. She said she would
have difficulty not supporting this request to rezone.
Coun. Wirth agreed that the Council needed to look at parking standards for this area and others
throughout the community, but said given the restrictions that seemed to go along with a proposal
of this size, she felt comfortable supporting the rezoning request.
Roll Call Vote on Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks,
Tedesco, Wirth. Voting Nay: Brown. Motion declared carried 5-1.
HEARING ON REZONING OF PROPERTY EAST OF STONEHAVEN DRIVE AND
SOUTH OF SOUTH 4TH STREET: Mayor Curtis declared the public hearing open.
Dick Pierson, 3411 Hoover, said he had worked on site plans for properties within the Cooper
Subdivision and said he felt everyone working on plans for properties in that area knew where the
R-4 and A-1 zoning lines were located. He said the zoning lines were on the City's Zoning Map
which was available to everyone. He said changing the zoning was not the solution to this problem,
rather, the developer needed to bring his project into compliance. He asked the Council to deny this
request to rezone.
Don Smith, 618 Douglas, said he was the attorney for Kent and Joan Cooper, owners of Outlot A,
the larger part of the area proposed for rezoning. He reviewed the November 15, 1994 letter to the
Mayor and Council from the Squaw Creek Drive Property Owners regarding the rezoning. He said
in this instance, both the buyer and seller were experienced, knowledgeable people who knew what
they were doing, regardless of what occurred in the planning process. He said the Ames City
Assessor first discovered the zoning error, when he questioned why Lot 12 was sold for such a low
price. He said the circumstances suggested the developer knew this land didn't qualify for 39
apartment units, but saw an opportunity to take advantage of an oversight on the part of City Staff.
He said approval of the rezoning would create a "development nightmare," with a potential for 1000
more parking spaces in the floodway.
Brent Haverkamp, 1609 Clark, said he was the owner of the property at 428 Stonehaven Drive. He
read a letter dated November 22, 1994 into the Record, saying the issue was one of responsibility
and accountability. He asked that the Council approve the rezoning request and suspend the rules
for adoption of an ordinance so it could be passed on third reading this evening.
Robert Baird, 416 Grandwood, said he was part-owner of the property adjacent to the subject
property. He said the City erred in granting them site approval for a 15-plex, then later notified them
that nothing larger than a 12-plex could be constructed on their property. He said they incurred
many costs due to the delays, but understood that an honest mistake was made. He said common
sense would dictate that this area would flood again, and expressed concerns about cars being moved
onto his property when it rains. He said he was also concerned about the reputation of the area, and
said people would think the whole area has a flood problem, when it does not.
Keith Arneson, 2018 Polk Drive, said he owned much of the frontage property in the area and was
opposed to the rezoning. He expressed concern about the parking situation, access to buildings on
the subject property, ability to see open space from the back of his building, and access to a
turnaround for fire trucks. He said he felt the project could be a viable one, but one honest mistake
shouldn't be compounded by another with a rezoning.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Parks, Second by Tedesco, to deny request to rezone.
Coun. Parks said he sympathized with the property owner's situation, but said anyone who develops
property has a responsibility for knowing all the facts regarding that property. He said the City may
have some responsibility in this matter, but rezoning may not be the solution. He said by approving
the rezoning, the Council would be making a bad policy decision of allowing parking in the
floodway.
Coun. Hoffman agreed, and said she felt the error should have been caught by a number of people,
rather than just City Staff. She said she did not wish to compound the problem.
Vote on Motion to Deny: 6-0. Motion declared carried unanimously.
HEARING ON REZONING OF LAND SOUTHWEST OF INTERSECTION OF
OAKWOOD ROAD AND ELWOOD DRIVE FROM R-2 TO R2 PUD (SUSSEX PLACE):
Mayor Curtis declared the public hearing open.
Steve Harder, 2809 S. Riverside, said his property would be crossed by the sewer extension that
would service the area under discussion. He said his wife and he wished to be part of the
discussions as that portion of the project is detailed. He said they wish to be involved and have
opportunity for input.
There being no one present wishing to testify further, the public hearing was declared closed.
Motion by Parks, Second by Tedesco, to adopt RESOLUTION NO. 94-490
approving a Planned Unit Development (PUD) for Sussex Place.
Coun. Tedesco asked whether a notice would be sent to residents regarding the sewer extension
project. Public Works Director Paul Wiegand said a notice would be sent.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
Motion by Tedesco, Second by Hoffman, to pass on first reading an
ordinance rezoning land generally located southwest of the intersection of Oakwood Road and
Elwood Drive from R-2 to R2 PUD (Sussex Place).
Roll Call Vote: 6-0. Motion declared carried unanimously.
CONCEPTUAL DEVELOPMENT PLAN FOR ELWOOD ACRES: Motion by Tedesco,
Second by Parks, to adopt RESOLUTION NO. 94-491 approving a
Conceptual Development Plan (CDP) for Elwood Acres, located west of Elwood
and South of Oakwood.
Coun. Hoffman asked if the name of the development had been changed from Elwood Acres to
Sussex Place. Planning and Housing Director Brian O'Connell said the property owner chose to
name the plat differently than the name under which the subdivision would be marketed.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON SOUTH DUFF AREA SANITARY SEWER PROJECT ASSESSMENTS:
Mayor Curtis declared the public hearing open.
Motion by Hoffman, Second by Parks, to recess hearing and table action on
Resolution of Necessity to December 13, 1994.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON CONTRACT FOR SALE OF LAND TO AMES-STORY ENVIRONMENTAL
LANDFILL: 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 Hoffman, to adopt RESOLUTION NO. 94-492
authorizing contract for sale of land to Ames-Story Environmental Landfill,
Inc.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON U.S. 30 FRONTAGE ROAD FROM U.S. ARMY RESERVE TO SKUNK
RIVER 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 Hoffman, to adopt RESOLUTION NO. 94-493
approving final plans and specifications and awarding contract to R.G. Elder & Son in amount
of $56,981.26, subject to DOT approval.
Roll Call Vote: 5-1. Voting Aye: Campbell, Hoffman, Parks, Tedesco,
Wirth. Voting Nay: Brown. Resolution declared adopted 5-1, signed by
the Mayor, and hereby made a portion of these minutes.
HEARING ON WATER TREATMENT PLANT IMPROVEMENT 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. 94-494
approving final plans and specifications and awarding contract to Weidner Construction in
amount of $65,401.00 for Division I contract, and to Wallace & Tiernan in amount of
$53,011.00 for Division II contract.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
RECONSIDERATION OF ORDINANCE BANNING LEAF AND YARD WASTE BURNING
EXCEPT FOR LIMITED PERIODS: Coun. Tedesco said he wished to raise a point of order
regarding this issue and the following item on the agenda. He said it was his understanding that the
Council had previously amended Robert's Rules of Order to provide that Councilors not present at
a previous meeting could move to reconsider items at another meeting. He said he felt such a
motion should occur during the "Comments" section of the agenda, then be placed on the agenda
of a subsequent meeting for action.
Mayor Curtis said that had been his understanding of the Council's procedure as well. He said while
he felt a motion to reconsider would be appropriate, he would rule any reconsideration at this
meeting out of order.
There was discussion regarding how items were scheduled on the agenda.
Coun. Wirth said she didn't feel there had been a consistent practice in the past, and said she had
asked that these items be placed on this agenda and before doing so, had sought the advice of the
City Attorney. She said while she didn't mind postponing action on these items, she felt it was
reasonable to act on them this evening, since they were on the agenda.
Coun. Tedesco said the motion to reconsider gave interested parties time to prepare and be present
at the subsequent meeting when action would be taken.
Coun. Campbell said the Council may feel there should be clarification for the future regarding the
reconsideration process, but she felt these items had been placed on the agenda in good faith and on
the advice of the City Attorney. She said there were people present anticipating action on these
items this evening.
Coun. Brown agreed and said while it was unfortunate the current policy was unclear, she felt the
Council could legitimately take action on these items this evening.
City Attorney John Klaus said there was no actual rule in the ordinance regarding how items were
placed on the agenda. He said the current ordinance stated that any person not present at a meeting
when action was taken could make a motion to reconsider. He said that ordinance takes precedence
over Robert's Rules of Order.
Coun. Parks said he felt Coun. Tedesco's points were valid, but since the items were on the agenda
and people were anticipating action on them, he would support taking action on the issues this
evening.
Motion by Wirth, Second by Brown, to reconsider an ordinance banning leaf
and yard waste burning except for limited periods.
Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks,
Wirth. Voting Nay: Tedesco. Motion declared carried 5-1.
Mayor Curtis moved the reconsideration out of order.
Motion by Parks, Second by Wirth, to overrule the Chair.
Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks,
Wirth. Voting Nay: Tedesco. Motion declared carried 5-1.
Motion by Tedesco to table this item until the December 13, 1994 meeting.
The motion failed for lack of a second.
Motion by Wirth, Second by Campbell, to pass on second reading an
ordinance banning leaf and yard waste burning, except for the period of October 1 through
December 1, and April 1 through May 1.
Roll Call Vote on Motion: 5-1. Voting Aye: Campbell, Hoffman, Parks,
Tedesco, Wirth. Voting Nay: Brown. Motion declared carried 5-1.
ORDINANCES REVISING MUNICIPAL CODE REGARDING FOUNDATIONS: Motion
by Wirth, Second by Campbell, to reconsider ordinances amending the Municipal Code
regarding foundation walls.
Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks, Wirth. Voting Nay:
Tedesco. Motion declared carried 5-1.
Mayor Curtis ruled the reconsideration out of order.
Motion by Parks, Second by Brown, to overrule the Chair.
Vote on Motion: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks,
Wirth. Voting Nay: Tedesco. Motion declared carried 5-1.
Motion by Wirth, Second by Campbell, to pass on first reading an
ordinance amending Municipal Code to establish inspection requirements pertaining to
subgrade walls.
Roll Call Vote: 4-2. Voting Aye: Brown, Campbell, Hoffman, Wirth.
Voting Nay: Parks, Tedesco. Motion declared carried 4-2.
Motion by Wirth, Second by Brown, to pass on first reading an
ordinance amending Municipal Code for the purpose of stating standards pertaining to the
construction of foundation walls, enforcing the Uniform Building Code on all foundations and
accepting a change on anchor bolts from 6' on center to 4' on center.
Roll Call Vote: 4-2. Voting Aye: Brown, Campbell, Hoffman, Wirth.
Voting Nay: Parks, Tedesco. Motion declared carried 4-2.
ORDINANCE REGARDING STOP AT 5TH STREET AND DOUGLAS: Motion by
Parks, Second by Hoffman, to pass on first reading an ordinance regarding stop sign at 5th Street
and Douglas.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Parks, Second by Tedesco, to suspend the rules required for the
adoption of an ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Parks, Second by Hoffman, to pass on second and third readings
and adopt ORDINANCE NO. 3306 regarding stop sign at 5th Street and Douglas.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
ORDINANCE REGULATING PARKING AND SPEED LIMIT ON SOUTHEAST FIFTH
STREET, AND DESIGNATING IT AS THROUGH STREET FROM DAYTON ROAD TO
FREEL DRIVE: Motion by Wirth, Second by Hoffman, to pass on first
reading an ordinance regulating parking and speed limit on Southeast Fifth
Street and designating same as through street from Dayton Road to Freel
Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING SNOW ROUTES: Motion by Tedesco, Second by Parks,
to pass on first reading an ordinance revising snow routes.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Campbell, Second by Tedesco, to suspend the rules required for
the adoption of an ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Motion by Hoffman, Second by Tedesco, to pass on second and third
readings and adopt ORDINANCE NO. 3307 revising snow routes.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
PARKING PROHIBITIONS ON HEMLOCK CIRCLE: Motion by Hoffman, Second
by Wirth, to pass on first reading an ordinance designating parking prohibitions on Hemlock
Circle.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ON-STREET PARKING REGULATIONS IN AREA OF 20TH
STREET/HAYES/MCKINLEY: Motion by Tedesco, Second by Campbell, to pass
on first reading an ordinance changing on-street parking regulations in area of 10th
Street/Hayes/McKinley.
Coun. Campbell asked whether this action was simply moving the problem from one block to
another, and Coun. Hoffman expressed similar concerns.
Public Works Director Paul Wiegand said it was hoped the cars were being moved from the
neighborhood areas and onto Ridgewood.
Coun. Parks said he felt while not perfect, this solution was working reasonable well, and Coun.
Tedesco agreed. Mayor Curtis said the problem would increase during the spring as more students
obtain driving permits.
Coun. Hoffman said she felt adding more "No Parking" signs was not a long-term solution, and said
the School Board needed to address this problem as well by providing more parking. She said
people are parking in neighborhoods throughout the City, and there are no parking prohibitions in
those instances.
There was discussion regarding the timetable for a meeting of the school liaison committee. Coun.
Parks said the School Board would have to look at alternatives to provide more parking areas.
Coun. Wirth said she had concerns regarding the parking prohibitions. She said the streets were
built widely enough to allow people to park there, regardless of their age. She said the appropriate
approach would be to paint yellow lines where needed, as in any other neighborhood.
Coun. Parks said there were legitimate safety concerns on Hayes, particularly around the daycare
center, that don't occur in other neighborhoods.
Coun. Tedesco said he felt the construction at the high school had created a temporary situation that
these short-term solutions might remedy.
Roll Call Vote on Motion: 4-2. Voting Aye: Campbell, Hoffman, Parks,
Tedesco. Voting Nay: Brown, Wirth. Motion declared carried 4-2.
Coun. Campbell said she felt this action was a short-term solution to a problem that would need to
be revisited at the end of the year.
ORDINANCE DESIGNATING PARKING PROHIBITIONS ON SOUTH SIDE OF SOUTH
16TH STREET, KELLOGG TO ELWOOD: Motion by Wirth, Second by
Hoffman, to pass on third reading and adopt ORDINANCE NO. 3305 designating parking
prohibitions on south side of South 16th Street, Kellogg to Elwood.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
REGULATIONS REGARDING TREE TRIMMERS: Motion by Wirth, Second by
Parks, to direct the City Attorney to prepare an ordinance amending the Municipal Code
regarding regulations for tree trimmers.
Vote on Motion: 6-0. Motion declared carried unanimously.
FUNDING FOR STORY COUNTY EMERGENCY MANAGEMENT AGENCY: Motion
by Tedesco, Second by Brown, to adopt RESOLUTION NO. 94-495 approving request for one-
time funding for Story County Emergency Management Agency.
Coun. Hoffman said the County was asking for an exception because they were under a property tax
freeze, and said the City had been under one as well for this fiscal year. Mayor Curtis noted the City
would not be under the tax freeze next year, whereas the County would be. Coun. Tedesco said in
the future, the funding would come from the County's own self-taxing ability.
There was discussion regarding the status of the HazMat agreement with Des Moines.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
REAP GRANT AGREEMENT FOR BENTWOOD PARK AND COLLEGE CREEK
GREENWAY: Motion by Wirth, Second by Hoffman, to adopt RESOLUTION NO.
94-496 approving REAP grant agreement for acquisition and development of Bentwood Park
and College Creek greenway.
Coun. Campbell said it was exciting news.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
P-C PLAN AMENDMENT FOR 123 SIXTH STREET: Motion by Wirth, Second by
Hoffman, to adopt RESOLUTION NO. 94-497 approving P-C Plan Amendment to install a sign
at 123 Sixth Street.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
P-C PLAN AMENDMENT FOR PENNEY'S TBA BUILDING AT NORTH GRAND MALL:
Motion by Parks, Second by Hoffman, to adopt RESOLUTION NO.
94-498 approving P-C Plan Amendment to remodel the J.C. Penney TBA Building into a
medical office at North Grand Mall.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
RESOURCE RECOVERY SYSTEM MODIFICATION PROJECT: Motion by Tedesco,
Second by Wirth, to adopt RESOLUTION NO. 94-500 accepting plans and specifications and
awarding a contract to Watkins Engineers and Constructors in the amount of $6,648,300.00 for
Resource Recovery System Modification Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
VIBRATORY STEEL TROUGH PAN CONVEYOR SYSTEM: Motion by Hoffman,
Second by Tedesco, to adopt RESOLUTION NO. 94-501 accepting final plans and
specifications and awarding a contract to Carrier Vibrating Equipment, Inc. of Louisville,
Kentucky, in amount of $29,695.00 plus applicable freight charges.
Public Works Director Paul Wiegand explained how this conveyor system would work at the
Resource Recovery Plant.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
COMMENTS: Coun. Campbell asked that Mayor Curtis work with the City Attorney regarding
a clarification of policy for reconsideration of items on the Council agenda. Coun. Tedesco asked
that a review of Robert's Rules of Order and the history of the Council's ordinance be provided as
well. Coun. Wirth said many issues came up during the November 15 meeting Coun. Hoffman and
she attended with the Meeker PTA. She said there was discussion of leaf and yard waste burning,
curb pickup and recycling, and street repair. She said there were reports of water main breaks and
frequent rusty water problems in the area of 16th and Wilson, and at 20th and Douglas, and asked
that Staff look into those problems.
Motion by Wirth, Second by Campbell, to add a Convention and Visitors
Bureau member to the Steering Committee Group for the Downtown Development Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
Coun. Tedesco asked whether the trees have all been relocated on Bloomington Road, and Public
Works Director Paul Wiegand replied that they had been.
Coun. Hoffman said she has received several calls of thanks regarding the stop signs at 5th and
Douglas.
Motion by Parks, Second by Wirth, to set 12:00 p.m. on November 29, 1994
as date of special meeting to consider mortgage subordination agreement between the City and
Ford Street Development Company at the Ames Community Industrial Park.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mayor Curtis noted he was running for the National League of Cities' Board of Directors position.
He also reminded Councilors to pick up their credit cards for the NLC trip next week.
ADJOURNMENT: The meeting adjourned at 9:35 p.m.
Larry R. Curtis, Mayor Sandra L. Ryan, City Clerk