HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 11/24/1992MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 24, 1992
The Ames City Council met in regular session at 7:04 p.m., November 24, 1992, in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the
following Council Members present: Brown, Hertz, Hoffman, and Wirth. Council Members
Campbell and Parks were absent.
FAMILY WEEK PROCLAMATION: Diana Lewis, Executive Director of the Family
Counseling Center, Des Moines, accepted a proclamation from Mayor Curtis proclaiming the
week of November 22-28, 1992, as Family Week.
EMPLOYEE "MAKE A PLEDGE" CAMPAIGN: Wellness Coordinator Kerry Juhl said the
City employees' "Tie One On, Make a Pledge Not to Drink and Drive" campaign kicked off
with a "mocktail" party at City Hall. She said for every City employee that signs a pledge
card not to drink and drive over the holidays, a red ribbon would be tied on a tree outside
City Hall.
AGENDA CHANGE: Mayor Curtis noted Item #35, A Resolution Approving Loan Application
to the City Revolving Loan Fund from ETREMA Products, Inc., had been pulled from tonight's
agenda.
REPORT FROM THE AMES DEVELOPMENT REVIEW PROCESS: Steve Goodhue,
Executive Director of the Ames Chamber of Commerce, presented Council with the final report
from the Ames Development Review Process, and introduced Eric Kelly, Chair of the
Department of Community and Regional Planning at Iowa State University, who had facilitated
the subcommittee's study.
Professor Kelly reviewed the six recommendations contained in the report, noting their goal was
to make the development process in Ames more efficient for all participants by reducing the
length of the process and eliminating the uncertainty involved. The recommendations were as
follows: 1) that Staff accept only complete development applications for processing, 2) that the
"extra step" involved in Council scheduling public hearings on rezones be eliminated, 3) that
application packets be updated, 4) that the City be bound to its own process, 5) that a notice
system of newsletters or seminars be established to keep developers updated, and 6) that the
City's zoning Code be updated in close coordination with the proposed update of the Land Use
Policy Plan (LUPP). Professor Kelly said they were recommending the first five items be
implemented as quickly as possible, as they involved little or no cost to the City.
There was discussion about the costs involved in updating the zoning Code. Council Member
Hertz questioned whether the LUPP and the Code should be updated in tandem, as one was a
policy instrument while the other contained rules to implement the policy. Professor Kelly
explained that many areas of the Code needing updating would not be affected by the LUPP.
He said by issuing RFPs on both projects at the same time, they could select the combination
that worked best.
Motion by Hoffman, Seconded by Brown, to instruct Staff to prepare implementation of the non-
budgetary items in the list of recommendations.
Voting Aye: Brown, Hertz, Hoffman, Wirth. Voting Nay: None. Motion Carried: 4:0.
Mayor Curtis said Council could hear from staff on the recommendation to update the zoning
Code during the upcoming budget process.
CONSENT AGENDA: Motion by Hoffman, Seconded by Brown, to approve the following items
on the Consent Agenda:
1. Motion to approve minutes of the regular meeting of November 10, 1992.
2. Motion to approve payment of claims.
3. Motion to approve renewal of the following beer and liquor licenses:
a. Class C Liquor - 20th Century Bowling, 505 South Duff Avenue.
b. Class C Liquor - Whiskey River, 132-134 Main Street.
c. Class C Beer - Kwik Shop #550, 715 24th Street.
4. Motion to approve certification of Civil Service applicants.
5. RESOLUTION NO. 92-400 approving the appointment of Kurt Mackey, David
Delagardelle, Harold Pike, and Bob Friedrich, Jr. to the interim Building Code Board of
Appeals.
6. RESOLUTION NO. 92-401 approving the appointment of Jon Diller, Dan Krogman, and
Theodore Schmitt to the interim Electrical Code Board of Appeals.
7. RESOLUTION NO. 92-403 proposing conveyance of Lots 42 and 47, Southdale Third
Addition, and Setting December 8, 1992 as date of public hearing.
8. Motion to set December 8, 1992 as date of public hearing to consider
the rezoning of City-owned land located north and east of the Municipal Water and
Electric Plants (east of 5th Street).
9. RESOLUTION NO. 92-402 approving completion of 1992 Water Program
No. 1.
10. RESOLUTION NO. 92-404 approving right of way assurance statement for
federal aid projects.
11. RESOLUTION NO. 92-405 accepting completion of subdivision
improvements in Bloomington Heights Subdivision, Plat 2 and 3.
12. RESOLUTION NO. 92-406 accepting completion of subdivision
improvements in Coopers Second Subdivision.
13. RESOLUTION NO. 92-407 approving request to abandon southern 5 feet
of the 10 feet easement on Lot 25, Valley East Subdivision.
14. RESOLUTION NO. 92-408 approving request to abandon utility easement
at 408 Duff.
15. RESOLUTION NO. 92-409 approving request to abandon sanitary sewer
easement at 811 S. Duff.
16. RESOLUTION NO. 92-410 approving temporary monitoring well agreement
with Bournes, Inc.
Roll Call Vote: 4-0. Resolutions declared adopted unanimously, signed by
the Mayor, and hereby made a portion of these minutes.
PUBLIC FORUM: No one appeared for this portion of the meeting.
NEW BEER/LIQUOR PERMIT: Moved by Wirth, Seconded by Hertz, to approve applications
for the following new beer/liquor licenses:
(a) Class C Liquor - Dugan's Deli, Inc., 2902 West Street.
(b) Class C Liquor - The Attic/Stewbury's Pizza, 120 Welch Avenue.
Vote on Motion: 4-0. Motion declared carried unanimously.
ALPHA KAPPA PSI SORORITY: Moved by Hertz, Seconded by Wirth, to approve request to
allow under-age persons on the premises while alcohol is being served during a social event at
the Coliseum on December 3. Council Member Hoffman referred to Chief Ballantine's
November 24, 1992 memo regarding the number of arrests for On the Premises Under Age
and/or Possession of Alcohol Under Age occurring in local bars in 1992, and asked whether the
Police Chief was still recommending approval of this request. City Manager Schainker said
Chief Ballantine was recommending this particular request be granted.
Roll Call Vote: Voting Aye: Hertz, Hoffman, and Wirth. Voting Nay: Brown. Absent: Campbell
and Parks. Motion Carried 3-1.
ORDINANCE ESTABLISHING CONNECTION FEES: Moved by Wirth, Seconded by Hertz,
to pass on second reading an ordinance not to waive the sanitary sewer connection fee if a
special assessment is not paid on lots or land parcels.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE CHANGING LICENSING BOND REQUIREMENTS: Moved by Hertz,
Seconded by Hoffman, to pass on second reading an ordinance approving licensing bond
requirement changes to the plumbing and electrical codes to cover the interim period between
January 1, 1993, and April 1, 1993, when the new codes take effect.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE VACATING PORTIONS OF STREETS: Moved by Hoffman, Seconded by
Brown, to pass on second reading an ordinance vacating those portions of East 5th Street and
Crawford Avenue necessary for the construction of the Water Meter Testing Laboratory
effective March 1, 1993.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE APPROVING AMENDMENTS REGARDING MOBILE HOME PARKS:
Moved by Hoffman, Seconded by Wirth, to table consideration of this item along with Item #33,
Resolution approving an R-5 Plan for an expansion of Meadow Lane Mobile Home Park, until
the next regular meeting of the Council on December 8, 1992.
Vote on Motion: 4-0. Motion declared carried unanimously.
Council Member Hoffman said prior to the next meeting, she would like to receive information
from Staff regarding various ways tie-downs can be done and information about wind resistance.
HEARING ON DESIGNATION OF MUNICIPAL BUILDING AS HISTORIC LANDMARK:
Ray Anderson, Planning and Housing, said the State Historic Preservation Office, the Historic
Preservation Commission, and the Planning Commission all recommend approval of this
request. He reviewed Sec. 31.7 of the Municipal Code describing the criteria that a structure
must address before designation, and said Staff feels these criteria have been met. He said the
structure was the only one in Ames which was specifically designed for City government, and
noted it had housed Ames government for 74 years.
Mr. Anderson reviewed the impacts of historic landmark designation. He said while designation
does not require that any changes be made to the building, any changes to the exterior would
need to comply with design guidelines for that style of architecture; the interior would not be
affected by the designation. He pointed out that the zoning of the property would remain intact,
and the historic designation would create an overlay zone.
There was discussion of what might be involved in the design criteria.
Mayor Curtis declared the hearing open.
Rose Rollenhagen, RR 2, Ames, supplied information on the history of the building, and said
it provided an instant sense of how far Ames has come in the past 75 years. She said it would
be fitting to have this building as the City's first official historic landmark, and she looked
forward to the day when the structure was restored to its former glory.
Wesley Shank, 833 Hodge, Ames, said as an architectural historian and member of the Historic
Preservation Commission, he was in favor of landmark status because it will ensure preservation
of the building. He noted a group of structures on Main Street had been built in a similar
architectural style, and said those structures too were of historic significance. He said
developers needed to know landmark status up front, and they should establish the theme of the
area and then let development follow.
Keith Rollenhagen, RR 2, Ames, described several benefits involved in landmark designation.
He said landmark status would make the building eligible for the State's Historical Resources
Development Program which provides matching grants for the restoration of important
buildings. In addition, he said, investors restoring the building for a for-profit enterprise would
receive a 20% federal tax credit. He said private grant programs were also available.
Paula Weidner, 903 Kellogg, President of the Historic Old Town Association, said the
Association unanimously supported landmark designation, and stressed preservation, renovation,
rehabilitation, and re-use of historic buildings in the City. She said it was an opportunity for the
City to keep a valuable piece of the past and use it creatively.
Charles Masterson, 1822 Douglas, Ames, said six months ago, he had seen a set of plans for re-
using the structure which he felt were disrespectful of the building's historical status. He said
since that time, he had spent much time investigating the building. He described the present
condition of the building, saying it was incredibly structurally sound. He said he supported the
landmark designation because the City would get better redevelopment of the building.
There being no one further wishing to testify, the public hearing was declared closed.
Moved by Brown, Seconded by Hoffman, to pass on first reading an ordinance approving
designating the Municipal Building at 420 Kellogg Avenue as an historic landmark.
Roll Call Vote: 4-0. Motion declared carried unanimously.
HEARING ON TECHNICAL AMENDMENT TO PERMIT PARKING OF ONE CAR IN
FRONT YARD UNDER CERTAIN CIRCUMSTANCES: Mayor Curtis declared the hearing
open. There being no one present wishing to testify, the public hearing was declared closed.
Moved by Wirth, Seconded by Hoffman, to pass on first reading an ordinance to amend the
Municipal Code for the purpose of allowing front yard parking in certain circumstances.
Roll Call Vote: 4-0. Motion declared carried unanimously.
HEARING ON RESOLUTION ASSESSING COSTS OF SIDEWALK REPAIR FOR
PROPERTY LOCATED AT 325 ASH AVENUE: Mayor Curtis declared the hearing open.
There being no one present wishing to testify, the public hearing was declared closed.
Moved by Wirth, Seconded by Brown, to approve RESOLUTION NO. 92-411 assessing the
costs of sidewalk repair in the amount of $1,204.00 for property located at 325 Ash Avenue.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
DISCUSSION OF BUDGET MEETING DATES: Moved by Brown, Seconded by Hoffman, to
set the following regular Council meeting and budget hearing dates for January, February, and
March 1993:
Tuesday, January 12 Regular Meeting, CIP Worksession
Tuesday, January 26 Regular Meeting, Approval of CIP
Tuesday, February 2 Regular Meeting
Friday, February 5 Council Budget Overview
Tuesday, February 9 Budget Hearing
Wednesday, February 10 Budget Hearing
Thursday, February 11 Budget Hearing
Tuesday, February 16 Budget Review and Wrap-Up
Tuesday, February 23 Regular Meeting, public hearing #1 on budget
Tuesday, March 2 Regular Meeting, public hearing #2 on budget
Tuesday, March 23 Regular Meeting
Vote on Motion: 4-0. Motion declared carried unanimously. There was consensus that the times
of the budget hearings could be fine-tuned at a later date.
NON-DOMESTIC WASTE PRE-TREATMENT PROGRAM REVISIONS: Tom Neumann,
Director of Water and Pollution Control, explained the proposed revisions are in response to an
audit by the U.S. Environmental Protection Agency to incorporate revised federal regulations
and to make the Non-Domestic Waste Pre-Treatment program easier to use.
Moved by Brown, Seconded by Wirth, to approve RESOLUTION NO. 92-412 adopting policy
and procedure changes to the Non-Domestic Waste Pre-treatment Program for the City of Ames,
Iowa.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
Moved by Brown, Seconded by Hoffman, to pass on first reading an ordinance amending the
Municipal Code to adopt pre-treatment regulations.
Roll Call Vote: 4-0. Motion declared carried unanimously.
ORDINANCE CREATING ADDITIONAL EXCEPTIONS, UNDERAGED PERSONS ON
LICENSED PREMISES: City Attorney John Klaus said this ordinance had been requested by a
local bar operator who had identified the time of day when his business was mostly food sales and
had requested that he be allowed to have persons who are underaged on the premises during that
time. He said the Police Chief had some reservations about this proposal, but was willing to try it
as an experiment. He noted there was presently a standing exception to the ordinance for
establishments in which 51% of the revenues are attributable to sales of items other than alcoholic
beverages. He said the proposed exception would be somewhat narrower, in that it would be limited
to food sales only.
There was discussion regarding requiring the posting of hours in each plan to be approved by the
Police Chief. Council Member Brown said she would have a problem with any requests being
approved for the hours past 2:00 p.m. She referred to Chief Ballantine's November 24 memo
regarding the number of arrests for On the Premises Under Age and said she felt the figures spoke
for themselves.
Council Member Hoffman said she felt this was a reasonable request.
Dan Herutz, owner of People's Bar and Grill, said many of the same questions raised by Council had
come up in his discussions with Chief Ballantine. He said the proposed amendment called for each
business to individually submit a plan to the Chief of Police. In the case of his establishment, he
said, "restaurant hours" and "bar hours" would be clearly posted, and minors on the premises would
asked to leave 30 minutes prior to when the "bar hours" began.
Council Member Brown said she could not support this request because of the number of violations
at People's over the past year for On the Premises and/or Possession of Alcohol Under Age.
Moved by Hertz, Seconded by Hoffman, to pass on first reading an ordinance amending the
Municipal Code for the purpose of allowing separate restaurant and bar hours for licensed liquor
establishments.
Roll Call Vote: 3-1. Voting Aye: Hertz, Hoffman, and Wirth. Voting Nay: Brown. Absent:
Campbell and Parks. Motion declared failed.
APPROVAL OF SCOPE OF SERVICES AND ENGINEERING AGREEMENT FOR
SCHOLL ROAD TRANSPORTATION PLANNING STUDY: Public Works Director Paul
Wiegand said the primary purpose of this study was to evaluate the need for new transportation
facilities including pedestrian and bicycle facilities and the possibility of a new grade separated
structure to serve the area just north of the Chicago and Northwestern railroad tracks. He briefly
described what was anticipated to be a 6-month study.
City Manager Schainker said they were not approaching this matter as a study to determine where
the next grade separated crossing should be, but rather as a data collection to determine whether
such a crossing was needed. He said it was a broader approach that may result in a different
alternative than the neighborhood would like to see. Mr. Wiegand said the scope of services did
provide for three meetings with neighborhood residents for their input throughout the process.
Council Member Brown said this was a whole issue of development, and she felt that point needed
to be made clear at the outset to the residents in the area.
Moved by Hertz, Seconded by Brown, to approve RESOLUTION NO. 92-413 approving the scope
of services and engineering agreement with BRW, Inc. for the Scholl Road Transportation Planning
Study.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
APPROVAL OF R-5 PLAN FOR EXPANSION OF MEADOW LANE MOBILE HOME
PARK: Mayor Curtis noted this item had been tabled until the regular meeting of December 8.
CEBA GRANT REQUEST FOR ETREMA, INC.: Moved by Hoffman, Seconded by Wirth, to
approve RESOLUTION NO. 92-414 approving the conditional submission of a CEBA application
on behalf of ETREMA Products, Inc., to the Iowa Department of Economic Development.
Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS:
Council Member Brown suggested that Council members provide summaries of board meetings and
other meetings attended, in order to keep other Councilors apprised.
Council Member Brown requested that Staff provide a report on the economic
impact of the depot renovation project, once the agreement is finalized.
Council Member Hoffman asked whether Staff had begun working with the citizens from Southdale
Terrace Corporation regarding solutions to their parking violation problems. Mr. Klaus said he had
not heard from the residents, but would contact them.
ADJOURNMENT: The meeting was adjourned at 8:47 p.m.
_________________________________ _____________________________
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor