HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/22/1991MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 22, 1991
The Ames City Council met in regular session at 7:00 p.m. on Tuesday, October 22, 1991, in the
City Council Chambers of the City Hall, 515 Clark Avenue, pursuant to law with Mayor Larry
Curtis presiding and the following Council Members present: Brown, Campbell, Hertz, Hoffman,
Parks, and Wirth.
ISU TIE LINE: The Council met with Ken Kruempel, Dan Krieger, Al Joensen, and Warren
Madden, members of the Electric Utility Operations Review and Advisory Board, to determine
criteria for selection of a route for a tie line between the City's power plant and ISU's. Mike
Hansen of Stanley Consultants described three proposed routes for the tie line. From the ISU
power plant, the north route follows 13th Street before it turns south along the cemetery to the
power plant. The middle route traces the railroad right-of-way for a great portion of the distance
between plants. The south route borders Elwood Drive and Squaw Creek before it heads east
to the City's plant. Mr. Hansen said that the goals for routing this transmission line are to use
public right-of-way as much as possible, to avoid the use of railroad right-of-way as much as
possible, to take into consideration capital improvements planned by the City, and to identify
a route that minimizes the impact to the community using previously agreed to criteria that are
customized to the community of Ames. He discussed the proposed criteria and the weighting
factor of each for selection of a route with the Council. The criterion given the most weight was
to minimize the acres of trees cleared. Mr. Hansen said that he would not recommend selection
of the south route because more acres of trees would be lost there than on the other two routes.
The EUORAB Members agreed with his recommendation. Council Member Hertz stated her
preference for giving the greatest weight to the number of residential properties crossed.
Moved by Campbell, seconded by Brown, to approve the goals, criteria and weighting factors
to be used to analyze the proposed north and middle routes to determine the best route for the
ISU tie line.
Roll Call Vote: 5-1. Voting Aye: Brown, Campbell, Hoffman, Parks, and Wirth. Voting Nay:
Hertz. Motion declared carried.
NATIONAL DISABLED EMPLOYEE AWARENESS MONTH: Joyce Packwood accepted a
proclamation from Mayor Curtis proclaiming the month of October as National Disabled
Employee Awareness Month in Ames.
AMES BEAUTIFICATION AWARDS: Mayor Curtis presented Beautification Awards to the
following groups and individuals: Collegiate Presbyterian Church, Sheldon & West Streets;
Tom and Debbie Johnson, South 5th and Duff; Ames Garden Club, Lincoln Way and Beedle;
Master Gardeners, 30th and Hoover; Ames Noon Kiwanis Club, 20th and Grand; Cora Hatfield,
4003 Lincoln Way; Albert & Verlaine Sherick, 1204 16th Street; Janet Heintz, 719 Grand
Avenue; Kenneth Eernisse, 1217 Kellogg Avenue; Kevin & Veralynn Schilling, 1208 Quebec
Circle; Donald & Bette Skola, 4116 Ross Road; Phillip and Terri O'Berry, 3319 Woodland
Avenue; Robert & Kathleen Johns, 404 Hilltop; Richard and Donna Gladon, 1821 Northwestern
Avenue; Randall and Kyongsin Eilis, 621 Onyx Street.
CONSENT AGENDA: One item was pulled from the Consent Agenda for separate consideration.
The liquor license application for B.J.'s Lucky Lady was pulled from the agenda at the
applicant's request. Moved by Campbell, seconded by Parks, to approve the following
remaining items on the Consent Agenda.
1. Motion to approve minutes of the regular City Council meeting of October 8, 1991.
2. Motion to approve payment of claims.
3. Motion to approve renewal of the following beer and liquor licenses:
(a) Class B Beer - Long John Silver's, Inc.
(b) Class E Beer - Jarco Store, 104 Lincoln Way.
4. Motion to receive and file the Human Relations Commission's Annual Report for year
ending June 30, 1991.
5. Motion to accept Utility Retirement Actuarial Report.
6. Motion to set November 12, 1991, as date of hearing on rezoning a portion of Valley East
Subdivision (Revised).
7. Motion to accept report of bids and delay award of contract for purchase of two attack
pumpers and chassis cabs and trade-in of two attack pumpers.
8. RESOLUTION NO. 91-381 approving appointment of Ted Tedesco to an unexpired term
on the Planning and Zoning Commission.
9. RESOLUTION NO. 91-382 approving release of mortgages for ten-year forgivable loans
under the City's Housing Rehabilitation Program.
10. RESOLUTION NO. 91-383 approving transfer of the Sauer-Sundstrand hangar lease at
Ames Municipal Airport to Harrison, Hempe, Davis, Inc. with the approval of ISU.
11. RESOLUTION NO. 91-384 approving assignment of SoftForce's CEBA Grant loan
proceeds to Firstar Bank.
12. RESOLUTION NO. 91-385 approving contract amendment No. 1 to NFO's CEBA
contract.
13. RESOLUTION NO. 91-386 approving final plans and specifications and awarding a
contract to The Donald Corporation in the amount of $37,783.50 for a two-stage
watercooled oil-free rotary lobe compressor.
14. RESOLUTION NO. 91-387 abandoning walkway easements in Patio Homes West, Third
Addition.
15. RESOLUTION NO. 91-388 abandoning walkway easements in Patio Homes West, First
Addition.
16. RESOLUTION NO. 91-389 approving the Final Plat for Gateway Hills Subdivision, Plat
3.
17. RESOLUTION NO. 91-390 increasing the contingency fund allocation for the November
5th ballot issue public education efforts from $4800 to $5373.
18. RESOLUTION NO. 91-391 approving grant contract between the City of Ames and the
Iowa Finance Authority in connection with the City's Affordable Housing Program for
homes to be built on Ken Maril Road.
19. RESOLUTION NO. 91-392 rejecting bids for the Unit No. 7 Boiler Economizer.
20. RESOLUTION NO. 91-393 accepting completion of the 1991 Sidewalk Program No. 1.
21. RESOLUTION NO. 91-394 approving preliminary plans and specifications for storm
sewer construction in Cooper's Second Subdivision; setting October 28, 1991, as bid due
date and October 29, 1991, as date of hearing and award of contract.
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
DATE OF HEARING FOR REZONING PORTION OF BANDSHELL NEIGHBORHOOD:
Moved by Wirth, seconded by Campbell, to set November 12, 1991, as date of hearing on
rezoning a portion of Bandshell Neighborhood and directing the City Clerk to publish notice of
the recommendations from Staff and the Planning and Zoning Commission.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC FORUM: No one appeared for this portion of the meeting.
WINE PERMIT FOR HY-VEE FOOD STORE: Moved by Brown, seconded by Parks, to
approve the application for a new Class B Wine Permit for Hy-Vee Food Store, North Grand
Mall.
Vote on Motion: 6-0. Motion declared carried unanimously.
DOWNTOWN BETTERMENT ASSOCIATION: Moved by Hoffman, seconded by Wirth, to
approve the use of Burnett Plaza for the Downtown Betterment Association's holiday festivities
from November 23, 1991, to December 28, 1991, and approving the waiver of parking
enforcement for the Central Business District on December 14, 1991, and December 21, 1991.
Vote on Motion: 6-0. Motion declared carried unanimously.
ISU ENVIRONMENTAL COUNCIL: Moved by Campbell, seconded by Wirth, to grant the ISU
Student Environmental Council permission to have underage persons on the premises of People's
Bar and Grill on October 30, 1991, between 8:00 p.m. and 2:00 a.m. while alcohol is being
served.
Vote on Motion: 5-1. Voting Aye: Campbell, Hertz, Hoffman, Parks, and Wirth. Voting Nay:
Brown. Motion declared carried.
ISU HOMECOMING COMMITTEE: Moved by Wirth, seconded by Hoffman, to allow the ISU
Homecoming Committee to block off the intersections of Lincoln Way and Lynn and Lincoln
Way and Beach on Thursday evening, October 24, 1991, to allow the homecoming parade to
cross the street.
Vote on Motion: 6-0. Motion declared carried unanimously.
IOWA COMMUNICATIONS NETWORK: Moved by Hertz, seconded by Wirth, to adopt a
resolution denying approval of the agreement with the State Department of General Services for
the installation, operation, and maintenance of the Iowa Communications Network on City right-
of-way until such a time that Council is convinced that Iowa State University and the Ames
Community School District will receive benefits in excess of the City's right-of-way costs
inherent with the project.
Kathy Williams, with the State Department of General Services, explained that the
company installing the communications cable for the State is ready to enter City of Ames'
rights-of-way by the end of the week, so approval is needed now. She said that 70 miles
of cable have been installed and they are ready to hook up to ISU. Council Member Parks
expressed his belief that it should not be detrimental to allow the State to use the rights-of-
way even if the project is stopped in the future.
Roll Call Vote: 0-6. Motion declared denied.
Moved by Parks, seconded by Brown, to adopt RESOLUTION NO. 91-395 approving the
agreement with the State Department of General Services for the installation, operation, and
maintenance of the Iowa Communications Network on City right-of-way.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
SPEED LIMIT FOR MORTENSEN ROAD: Moved by Wirth, seconded by Brown, to pass on
first reading an ordinance establishing a speed limit of 40 mph on a portion of Mortensen Road.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SNOW ROUTES AND PARKING DURING SNOW EMERGENCIES: Moved by Hoffman,
seconded by Parks, to pass on first reading an ordinance designating commercial snow routes
in the Campustown and Downtown Business Districts with the provision that parking be allowed
in the Municipal Parking Lots during snow emergencies.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REZONING PATIO HOMES WEST SUBDIVISION, 4TH ADDITION:
Moved by Parks, seconded by Hoffman, to pass on second reading an ordinance rezoning Patio
Homes West Subdivision, 4th Addition from R-2 (PUD) to R1-6.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Parks, to suspend the rules required for the passing of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Parks, to pass on third reading and adopt ORDINANCE NO.
3147 rezoning Patio Homes West Subdivision, 4th Addition from R-2 (PUD) to R1-6.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON REZONING NORTHRIDGE PARKWAY SUBDIVISION (9TH ADDITION
ET SEQUENTIA): Mayor Curtis declared the hearing open. Paul Popelka, Engineering Plus, 319
Lincoln Way, speaking on behalf of the developers of Northridge Parkway Subdivision,
provided a history of the development of the subdivision and discussed the proposed
conservation easement and the archeological site in the subdivision. He said that an agreement
had still not been reached on the conservation easement even though all parties have the same
desire to protect the wooded ridge and prairie in the subdivision in their natural state. He said
the developers are in agreement with the stipulations for approval of the CDP for Northridge
except they would like to be able to retain parking areas in the cul-de-sac islands and they do
not approve of the present form of the conservation easement.
Bob Buck, one of the developers of Northridge, said that they oppose the conservation easement
but they plan for a minimal amount of disturbance in the wooded and prairie areas in the
subdivision. He said that they appreciate the environment but believe strongly in individual
property rights. He pointed out that they would like two additional changes in the stipulations
for approval of the CDP. He requested that the requirement for sidewalks on both sides of the
street be waived when sidewalks are provided at the back of lots. Also, he asked that parking
be allowed on both sides of the street. Mr. Buck emphasized that they want approval of their
CDP and rezoning request at this time and thus they would agree to the conservation easement
if they have to, but they do oppose it.
Sandra McJimsey, Chairperson of the Planning and Zoning Commission, stated that the
Commission unanimously voted for the conservation easement. She provided a history of the
movement of the rezoning request through the Commission and pointed out that the members
are not opposed to development but that they wish to protect the natural and historic aspects of
this site. Council Member Parks stated his opposition to the easement commenting that such an
easement is unprecedented in Ames.
Cindy Hildebrand, representing EcoAction, pointed out that the City's Land Use Policy Plan
supports preservation of natural areas. She expressed support for a conservation easement but
pointed out problems and inconsistencies in the present easement document. She and Joe Lynch,
also representing EcoAction, suggested that the City invite the Iowa Natural Heritage
Foundation to aid in preparation of a conservation easement that would be agreeable to all
involved. Mr. Lynch said that the Foundation has agreed to help if asked and would be able to
begin the process within the next two weeks.
Katherine Fromm, R. R. 1, Ames, said that she owns the farm adjacent to the Northridge
Parkway development. She spoke strongly in favor of the easement and in opposition to
construction of an extension of Bloomington Road.
Bob Swanson, 2015 Polk, stated his strong support for individual property rights and his
opposition to a conservation easement. There were no further comments and Mayor Curtis
declared the hearing closed.
City Attorney Klaus informed the Council that property rights cannot be taken and an easement
but must be granted voluntarily by the owner. But he pointed out that the City Council may act
in accordance with the Land Use Policy Plan which calls for preservation of natural areas.
Council Member Parks said that the City is jumping the gun on this issue since there is nothing
in place in the City right now to require such an easement. Council Member Brown expressed
her desire to explore the idea of a neutral party being called in to help development an easement.
Mr. Buck said that if the CDP for Northridge 9th et sequentia could be approved at this meeting,
he would be interested, for educational reasons, in having the Natural Heritage Foundation come
in. He stated his hope that voluntary compliance would be the end result of such an effort rather
than a mandated easement.
Moved by Campbell, seconded by Brown, to pass on first reading an ordinance rezoning
Northridge Parkway (9th Addition et sequentia), generally located west of 24th Street and south
of County Road R-50, from R-2 (PUD) to R1-6, R-3, and P-C.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Brown, seconded by Campbell to adopt RESOLUTION NO. 91-396 approving the
CDP of Northridge Parkway Subdivision (9th et sequentia) with the following stipulations:
1. That the PUD be released from this property and the rezoning of this property from R-2
to R1-6, R-3, and P-C be approved prior to the CDP approval becoming effective.
2. That there be no direct access to R-50 from any lots abutting that street.
3. That a developer's agreement be negotiated and approved by City Council prior to
Administrative Plat approval, defining the extent of the developer's financial responsibility
for widening of R-50 for right and left turn lanes, installation of signalization, installation
of bike paths and other on-site and off-site infrastructure features necessary for this
development.
4. That the Council approve reduced right-of-way widths of 56 feet and street widths of 27
feet for the cul-de-sacs.
5. That an ordinance be adopted at the time of the Final Plat, restricting parking to one side
of the street for all streets except Arrowood Road and Aspen Road, east of Sycamore
Road, and a no parking ordinance be adopted for those two streets.
6. That the parking in the cul-de-sac medians be eliminated from the development.
7. That the future Bloomington Road extension be dedicated to the City as part of the Final
Plat for Lots 2, 3, 36, 32, 38, 39, 40, 41, 42, 43, 44, 45 as shown on the CDP.
8. That a homeowners association be formed prior to approval of the Administrative Plat.
9. That trees larger than 8 inches in diameter be identified and located, so that adjustments
to proposed street alignments, utility trenches and sidewalk location can be made to avoid
severely impacting the trees prior to approval of the Administrative Plat. Trees located in
or near construction shall be protected to prevent damage during construction.
10. That the 75 foot greenbelt easement along the west property line be shown on the
Administrative Plat and the Final Plat.
11. That copies of the 404 and 401 Permits be supplied to the City prior to any land disturbing
activity occurring that would affect the wetlands.
12. That the developers of the proposed subdivision grant permission for the Iowa State
University staff and/or students to research an area of approximately 10 acres in the
northwest corner of Northridge Parkway Subdivision (9th et sequentia) for any
archeological finds for a period of two years from the date of approval of the CDP for this
subdivision. Evidence of this permission must be provided to the City prior to the
approval of the Administrative Plat.
13. That the Final Plat of Northridge Parkway Subdivision (9th et sequentia) must conform to
the proposed zoning boundaries.
14. That the Iowa Natural Heritage Foundation be invited to aid in the negotiation of a final
agreement on the issue of a conservation easement. Such agreement must be approved by
the Council prior to approval of the Administrative Plat.
Moved by Parks, seconded by Campbell, to amend the motion to delete Stipulation #6 and
replace it with the following stipulation:
6. That parking in the cul-de-sac medians be allowed, subject to the same agreement
applied to cul-de-sac parking in the other additions to Northridge Parkway
Subdivision. Such agreement must be approved prior to approval of the
Administrative Plat.
Vote on Amendment: 6-0. Amendment declared carried unanimously.
Moved by Parks, seconded by Hertz, to amend the motion to add the following stipulation
concerning sidewalks:
15. That the sidewalk requirement be amended to allow omission of sidewalks on one
side of the right-of-way where the developer provides a pedestrian walkway along
or at the rear of any row of lots within a single block.
Vote on Amendment: 5-0. Amendment declared carried unanimously.
Roll Call Vote on Amended Motion: 6-0. Resolution declared adopted unanimously as
amended, signed by the Mayor, and hereby made a portion of these minutes.
AUDITORIUM DRESSING ROOMS AND CONTROL BOOTH REFURBISHING: Moved
by Parks, seconded by Hertz, to adopt RESOLUTION NO. 91-397 approving final plans and
specifications and awarding a contract to Grabau Construction in the amount of $47,166.00 for
Auditorium Dressing Rooms and Control Booth Refurbishing.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
P-C PLAN FOR 2501-2509 GRAND AVENUE: Moved by Parks, seconded by Wirth, to adopt
RESOLUTION NO. 91-398 approving an amended P-C sign plan for 2501-2509 Grand Avenue
for all tenant businesses except Walgreens with the following criteria:
(a) That all signs be aluminum cabinet type signs with a red plexiglas face.
(b) That the sign contain only the business name.
(c) That the sign be centered on the 3'2" wide, off-white band on the canopy in front of the
tenant business.
(d) That only one sign be permitted for each tenant business.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
RESOURCE RECOVERY SYSTEM GLASS AVOIDANCE CREDIT: Moved by Hoffman,
seconded by Wirth, to adopt RESOLUTION NO. 91-399 approving an increase in the avoidance
fee for glass from $12.00 per ton to $18.75 per ton, effective on November 1, 1991.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
YARD WASTES: Dayton Heins, 404 Garden Road, asked the Council to consider allowing
citizens to collect yard wastes from other properties in Ames to be used on their property for mulch
and weed control.
Moved by Hoffman, seconded by Parks, to direct the City Attorney to draft an ordinance to
amend the City Code to provide for drop-off and re-use of yard residue (grass, garden residue,
and leaves) without specific designation by the City as long as neighborhood problems relating
to odor, littering, rodents, and traffic are taken care of and the 14 day storage limitation is
adhered to. Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: When Council Member Brown asked about the status of the Sister City Committee,
the Mayor said that he would report to the Council as soon as replies are received from the
School Board, the Ames Convention and Visitors Bureau, and the Ames Chamber of Commerce.
Council Member Parks requested Staff to prepare information for the Council concerning an
ordinance to allow waiving the sidewalk requirement. Council Member Hertz asked Staff to
check on the safety of the bike path across Grand Avenue.
Moved by Hertz, seconded by Parks, to direct the City Attorney to draft an ordinance to retain
the traditional two mile jurisdiction of subdivisions outside the city boundaries.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: The meeting was adjourned at 11:00 p.m.
____________________________________ ______________________________________
Nancy Dionigi, City Clerk Larry R. Curtis, Mayor