HomeMy WebLinkAbout~Master - October 11, 2022, Regular Meeting of the Ames City Council
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 11, 2022
The regular meeting of the Ames City Council was called to order by Mayor John Haila at 6:01
p.m. on the 11th day of October, 2022, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber
Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Member Bryce Garman was also
present. Council Member Gloria Betcher was absent.
PROCLAMATION FOR “FIRE PREVENTION WEEK: Mayor Haila proclaimed the week
of October 9-15, 2022, as Fire Prevention week. Deputy Fire Chief Karen Tapper accepted the
proclamation alongside Shift Commander Nick Lucchesi, Firefighter Chris Osborne, Firefighter
Dan Thie, Firefighter Adam Wuebker, and Firefighter Ashley Culp. Deputy Chief Tapper
announced that the Fire Station #1, 1300 Burnett Avenue, Open House would be held on Saturday,
October 15, 2022 from 9:00 a.m. until noon and encouraged everyone to attend the event.
CONSENT AGENDA: Mayor Haila pulled Item No. 15 per staff request and Council Member
Gartin pulled Item No. 19 for staff to provide a report.
Moved by Beatty-Hansen, seconded by Gartin, to approve the consent agenda less Item No. 15
and Item No. 19.
2. Motion approving payment of claims and revenues
3. Motion approving Minutes of Regular Meeting on September 27, 2022
4. Motion approving Report of Change Order for period September 16-30, 2022
5. Motion approving new 5-Day (November 3-7, 2022) Class C Liquor License – Christiani’s
Events, L.L.C., 2601 East 13th Street, Pending Dram Shop Insurance
6. Motion approving new 5-Day (October 20-24, 2022) Special Class C Liquor License – The
Ames Foundation, 123 Airport Road
7. Motion approving new 5-Day (November 5-9, 2022) Class C Liquor License – Gateway Hotel
& Conference Center, 1800 Christensen Drive, Pending Dram Shop Insurance
8. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor
Licenses
a. Class E Liquor License with Sunday Sales – Target Store T-1170, 320 S. Duff Avenue
9. RESOLUTION NO. 22-531 approving the Sponsored Research Agreement between Iowa
State University and the City of Ames, Amendment #1 Revised, in the amount of $29,232
10. RESOLUTION NO. 22-532 authorizing staff to sign a Memorandum of Agreement with the
Iowa Department of Homeland Security and Emergency Management and accept a sub-award
in partnership with Iowa State University Environmental Health and Safety for the purchase
of radiological testing equipment and training
11. RESOLUTION NO. 22-533 approving Change Order No. 1 to Metro Waste Authority, Des
Moines, Iowa, in the amount of $145,000 for tipping fees for ash disposal for Power Plant
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12. RESOLUTION NO. 22-534 approving Change Order No. 2 to Black & Veatch Corporation,
Overland Park, Kansas, in the amount not-to-exceed $46,200 for additional Engineering
Services for Unit 8 Precipitator Insulation & Lagging
13. RESOLUTION NO. 22-535 approving Change Order No. 9 to SCS Engineers of Clive, Iowa,
in the amount of $63,720 to provide engineering and related services necessary to comply
with U.S. EPA’s CCR regulation’s annual and periodic five-year requirements pertaining to
the City of Ames Steam Electric Plant’s ash site
14. RESOLUTION NO. 22-536 awarding contract to Rural Electric Supply (RESCO) of Ankeny,
Iowa, for the one-time purchase of Electric Services Transformers based on unit prices and
quantities ordered in the amount of $133,097.09, inclusive of applicable sales taxes
15. Computerized Maintenance Management Software
a. Motion waiving Purchasing Policies and Procedures requirement for competitive bids
b. Resolution awarding 3-Year contract to Limble Solutions, LLC, Lehi, Utah in the amount
of $88,200
16. RESOLUTION NO. 22-537 awarding contract to Sunbelt Rentals, Inc., Bloomfield,
Colorado, for GT1 Blackstart Load Bank Testing Project in the amount of $76,911.87
17. RESOLUTION NO. 22-538 awarding contract to Motion Industries, Ankeny, Iowa, for
Tapered Bushing Reducer for Electric Services in the amount of $59,468.47 (inclusive of Iowa
Sales Tax)
18. RESOLUTION NO. 22-539 approving contract and bond for 2021/22 Water System
Improvements Program (US Highway 69: S Duff-Grand Avenue)
19. 2021/22 Shared Use Path System Expansion (Ioway Creek):
a. RESOLUTION NO. 22-540 approving final plans and specifications
b. Motion rejecting all bids and directing staff to re-bid
20. 2021/22 Sanitary Sewer Rehabilitation (Ames High School and Veenker Golf):
a. Motion accepting report of bids
b. RESOLUTION NO. 22-541 approving final plans and specifications
c. RESOLUTION NO. 22-542 awarding contract to Municipal Pipe Tool Co. LLC of
Hudson, Iowa, in the amount of $3,791,558.69
21. RESOLUTION NO. 22-543 approving Final Plat for 2108 E Lincoln Way (Fedeler
Subdivision)
22. RESOLUTION NO. 22-544 accepting final completion of the Water Treatment Plant Remote
Site Radio and PLC Upgrades
23. RESOLUTION NO. 22-545 accepting final completion of the contract for the Transmission
Modifications at SE 16th Street and S. Duff Avenue Intersection by IES Commercial,
Holdredge, Nebraska
Roll Call Vote: 5-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
2021/22 SHARED USE PATH SYSTEM EXPANSION (IOWAY CREEK): Council Member
Gartin stated that this item is a great project that deserves attention and asked Public Works
Director John Joiner to provide a report. Director Joiner noted that the project is funded by a
program through the Iowa Department of Transportation (IDOT) that sets a Disadvantaged
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Business Enterprise (DBE) Goal. The low bidder had a DBE commitment of 1% while the IDOT’s
goal for the project was 3%. After review, the low bid was determined non-responsive and the
IDOT plans to re-bid the project in the future.
Director Joiner noted that the shared use path system is planned to connect on the north side of
Ioway Creek near the wellfield access road and runs west following Ioway Creek, under Duff to
Walnut Avenue and South Fifth Street. He clarified that the shared use path will be paved.
Council Member Gartin asked if the re-bid would delay the project timeline. Director Joiner replied
in the negative, noting that the project is planned for spring construction.
Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 22-540 approving the final
plans and specifications for this project and rejecting the 2021/22 Shared Use Path System
Expansion for Ioway Creek bids, directing staff to re-bid the project through a future Iowa
Department of Transportation bid letting.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened and closed the Public Forum when no one came forward
to speak.
PRESENTATION OF 2022 RESIDENT SATISFACTION SURVEY RESULTS: Susan
Gwiasda, Public Relations Officer, presented the findings of the 2022 Resident Satisfaction
Survey. She highlighted that this is the 40th year of the survey and that the results help guide the
budgeting process, which kicks off on November 1st, 2022 with the Town Budget Meeting. She
emphasized that the survey is a snapshot in time, though it is statistically significant.
Ms. Gwiasda shared that the results of the survey were consistent with prior years; however, one
concerning element was the survey responses regarding community engagement, which were
significantly lower. She explained that there is a challenge in doing outreach and education, but
staff continually looks at tools for reaching people.
Council Member Gartin asked if the survey information based on longitudinal data had ever been
measured against peer communities. Ms. Gwiasda replied that staff had not but would be happy to
explore it further.
Council Member Junck inquired about the non-student versus student categories and potential
overlap in the data. Ms. Gwiasda noted that there is demographic data collected in the survey that
clarifies if respondents are full-time students, and that data is investigated as part of the analysis,
as there is overlap.
The certainty of response was questioned by Mayor Haila, who asked for further explanation. Ms.
Gwiasda reviewed that there is a 95% confidence level with a +/- 4.52% margin of error. This
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means that staff is 95% confident that the questions are within +/- 4.52% of the results if all
residents participated in the study. She emphasized that the survey is statically significant and that
the statisticians with Iowa State University Institute for Design Research and Outreach complete
the analysis of the survey, which is then reviewed by City staff for the overall themes and ideas.
Mayor Haila expressed his concern in seeing the precipitous drop in terms of people being
informed or concerns about issues in the community. He noted that education and communication
are recurring issues and wondered if that is simply due to declining interest. Ms. Gwiasda agreed
that community engagement was a surprising statistic and noted that it would be monitored by
staff.
STAFF REPORT REGARDING THE LINC DEVELOPMENT PROJECT: Planning and
Housing Director Kelly Diekmann presented the outline of the development agreement for the
mixed-use project now known as the Linc with Planner Julie Gould. The City of Ames has
identified the area along Lincoln Way between Clark and Kellogg (300 and 400 Blocks) as a
priority area for redevelopment as part of the Downtown Gateway Focus Area within the Lincoln
Way Corridor Plan. Director Diekmann emphasized that the Linc is a key component of the City’s
Downtown Reinvestment District application that was submitted to the state in February of 2022.
The proposed project would generate sales and hotel/motel tax receipts rebated by the state to the
City of Ames, in amounts up to $10 million over 20 years as part of the Reinvestment District.
Director Diekmann clarified that the agreement does not use the Reinvestment District funds for
the developer’s benefit, but the funds would rather support the construction of other projects
including the Downtown Plaza and the Fitch Family Indoor Aquatic Center.
The concept drawing was presented by Director Diekmann. The proposed Linc project includes a
hotel and conference center, plaza, structured parking, commercial uses on the ground level of
mixed-use buildings, office uses, and apartments. He noted that other key elements of the
development included a parking structure to the north as well as a pedestrian bridge, which would
be off-site elements. He reviewed the phases of development, highlighting that Phase 1 includes:
• Boutique Hotel with a 15,000 square
foot conference center
• Hotel Restaurant
• South Parking Structure
• Outdoor Plaza
• Mixed Use Building (Building A)
• Frontage and Utility Improvements
• Abandonment of City Well on
Gilchrist
• Vacation of Public Alley right-of-
way adjacent to Kellogg
Director Diekmann emphasized that in Phase 1, the intent would be to complete improvements on
Lincoln Way and Kellogg Avenue where the travel lanes are widened on Lincoln Way to allow
for parallel parking in addition to wider sidewalks. The goal would be to make a commercially
viable street frontage with access for customers as well as improving the bicycle and pedestrian
environment by limiting curb cuts.
Phase 2 of the project completes the on-site portion of the development. The Phase includes:
• Office Building (Building C)
• Outdoor Plaza Extension
• Mixed Use Residential Building
(Building B)
• Additional Parking
• Frontage and Utility Improvements as
needed
Director Diekmann explained the off-site elements, which include the north parking structure and
pedestrian bridge, cannot be committed to at this time, which is why they are not included in the
Development Agreement. He emphasized that both City staff and the Developer desire the off-site
elements to realize the overall vision of the proposed project, but those will have to come back to
the City Council after construction has begun.
The agreement as it is presented to the City Council uses the fundamentals of the valuation of the
buildings, which are predicated on the amount of square footage or units, to presume the terms of
the agreement. Director Diekmann explained that the approval of the plan will occur in the future
when staff has more precise information, for which the City Council will be the review authority.
Director Diekmann reviewed the terms of the agreement regarding sales tax generating uses and
Tax Increment Financing (TIF), noting that there are performance deadlines for the Developer
based on the Reinvestment District standards. He explained the construction of the hotel
conference center will establish the commencement date for generating hotel/motel and sales tax
receipts that will be returned to the City from the State, as the 20-year time limit to receive the
Reinvestment District funds begins with the completion of the hotel, regardless of what other
construction is completed for the project. It is proposed in the agreement for construction to begin
no later than January 1, 2024 and is completed by October 1, 2025. Director Diekmann stated the
key phrase in the agreement states that not only is construction complete, but the hotel is operating
by October 1, 2025.
Each of the buildings in the proposed development are required to have a minimum assessment
agreement, which serve as the foundation for the projected additional tax increment that could be
generated by the project over 20 years. Director Diekmann noted that if the valuations are greater,
that would mean that the increment is generated quicker, and the amount is paid off faster. He
reviewed the TIF is capped at the total value amount or 20 years, whichever occurs first.
Another key goal of the development is to create a mixed-use commercial space that is viable and
active, explained Director Diekmann. In the agreement, it is required that at least 70% of the
commercial space is filled with a sales tax generating use. Performance of this requirement is
necessary to continue to receive the requested TIF incentive. The proposed agreement also
includes construction of the North Parking Ramp as a public improvement financed with TIF. The
agreement specifies that the City’s need for TIF will supersede the developer rebate.
Director Diekmann discussed the features of the north parking structure and pedestrian ramp,
discussing the different factors that play into funding and construction. He emphasized the north
parking structure is estimated to have fewer total spaces than anticipated and a higher cost due to
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typical outcomes of public bidding projects, though it would be a feature of the project managed
and financed by the City of Ames. He clarified construction of Phase 2 of the project would not be
withheld if construction of the north parking structure and pedestrian bridge was unable to move
forward.
The utility issues were addressed by Director Diekmann. He noted that the City of Ames has a
well on Gilchrist Street for which the Developer would reimburse the City for the cost of
abandoning the water well, demolishing the well building, and acquiring of vacated alley right-of-
way. He furthered that the Developer would reimburse Ames Electric Services for all expenses
related to the relocation of underground of transmission lines along Gilchrist Street that would be
needed to support the development of the project. He discussed the alley on the south side of
Gilchrist Street, noting that the alley would need to be vacated and the City will transfer ownership
to the Developer subject to limitations of Iowa Code. Director Diekmann emphasized that the City
is not taking on any additional utility costs as part of this project.
Director Diekmann discussed the miscellaneous terms of the agreement. He presented the terms
relating to sustainability, noting that there were two available options. The first option is to design
all buildings in Phase 1 at 20% more efficient than the current energy code and Phase 2 at 25%
more efficient. The Developer could choose as an alternative to design the Hotel building in Phase
1 to a LEED Gold level and the Office Building in Phase 2 to a LEED Gold Level. LEED is a
nationally recognized sustainable building program administered by the US Green Bui lding
Council that is a whole systems approach to reducing environmental impacts related to energy,
water, materials, etc. The Developer has agreed to design buildings to meet these standards and
perform commissioning of the completed buildings for verification, but they will not be formally
registered with the U.S. Green Building Council (USGBC). As an addition, City staff proposed to
limit the use of natural gas in an effort to support a Net Zero Ready building design. The Developer
supports use of electric in residential units but has not fully committed to no natural gas in relation
to heating and cooling as they evaluate the feasibility to do so. The Developer notes the feasibility
of geothermal is unknown due to the project’s location above the aquifer and their experience of
an electric only service for buildings of this size.
Relating to affordable housing, Director Diekmann shared that City affordable housing efforts are
focused on 60% Average Median Income (AMI) or lower household incomes to fill needs the
market does not typically address. Although the applicant would consider these lower income
levels, the pro forma estimates for the apartment units do not financially support 60% AMI without
additional TIF. At this time there is no additional TIF available to further subsidize rents to the
60% AMI level based on the other priorities identified for the project. The Developer has agreed
to include a provision for a 10% set aside serving 70% AMI households. At 70% of AMI, the rents
would be somewhat lower than fair market value, but not to the levels of low-income limits.
Director Diekmann discussed the billboards on the property and the need for relocation. The
agreement outlines that the Developer is obligated to relocate those billboards. The operator of the
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billboards, Lamar Advertising, has indicated that if a suitable location and allowance for a digital
billboard were available in the City, it would consent to early termination of the lease on this site.
City Manager Steven Schainker stressed that staff is not looking for the City Council to provide
direction on this item at the meeting tonight. He stated that this is the most significant project the
City has partnered on with the largest incentive ever offered. He said that he wants to make sure
staff is being transparent to the public and answer any questions before asking the City Council to
provide direction at the October 25th, 2022, meeting. Director Diekmann also noted an amendment
to the Urban Renewal Plan would be needed in the case of this agreement to increase the TIF
allowance to cover all the identified uses of TIF, though the amendment would not change any of
the authorities within the plan.
Council Member Beatty-Hansen asked for an explanation of the street frontage as there were many
residents that were not supportive of the Union project in Campustown, and she is concerned with
the bicycle and pedestrian offerings. Director Diekmann explained the Lincoln Way Corridor plan
emphasizes bicycle and pedestrian improvements because Lincoln Way does not have a conducive
environment for those activities as it currently stands. He discussed the importance of available
parking in front of the commercial spaces at the Linc while still limiting the amount of driveway
access off Lincoln Way. He reviewed that the design of the development does not change the lanes
but replaces the existing sidewalk with parallel parking and adds a 10-foot sidewalk to the front of
the buildings. Director Diekmann shared that through this design, staff and the Developer believe
the Linc will be an appealing commercial destination.
Council Member Gartin asked if there was a possibility of using rooftop solar on the parking
structures or other buildings. Director Diekmann replied that it is unknown as of now, though it is
conceptually possible and could be evaluated in the future when financing is better understood.
Council Member Gartin asked about what it means for the buildings to be net-zero ready and
wondered if the mechanics to add solar would already be incorporated. Director Diekmann noted
that it would be something for staff and the Developer to investigate and discuss; however, it has
not been evaluated at this point.
Council Member Gartin asked clarifying questions regarding the north parking structure. Director
Diekmann explained staff estimates approximately 200 spaces total for the ground level and one
elevated level of a deck. The structure would be designed to support two additional levels to
expand capacity to 400+ parking spaces. Council Member Gartin shared his concern for the
expense. City Manager Schainker clarified that the off-site project would be better outlined after
construction for Phase 2 of the project began, as there are a lot of discussions that must take place
to understand what type of parking is needed to support the development.
Council Member Gartin discussed the details of the Outdoor Plaza and wondered what events are
proposed for the space. Director Diekmann explained the Outdoor Plaza will be designed with
green spaces to succeed with any type of entertainment-related activity, but noted that it would be
under purview of the Developer as to what types of events they choose to host. Council Member
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Gartin asked about how the stormwater would be addressed in this project. Director Diekmann
explained that the level of design pertaining to stormwater had not been discussed yet.
Council Member Beatty-Hansen asked when the feasibility of geothermal will be known. Director
Diekmann clarified that the feasibility will be known by the time that the major site development
plan would be submitted.
Mayor Haila opened the Public Input.
Chuck Winkleblack, Hunziker and Associates, 105 South 16th Street, Ames, shared the history of
the Linc Development, noting that in 2016, Hunziker and Associates sent out the first letters of
intent and began acquiring the parcels of land that would make up the development. During this
time the company helped relocate over twenty businesses. In 2018, Hunziker and Associates
worked with the City of Ames on the Lincoln Way Corridor Plan and the rezoning that followed.
He mentioned that in 2019, they assisted with another rezoning for the relocation of Starbucks
before progress came to a halt due to the COVID-19 pandemic. Post pandemic, Hunziker and
Associates reengaged with the project through market research and contacting stakeholders that
had expressed interest. Mr. Winkleblack noted the last year and a half of the project had been
dedicated to working with the Ames Main Street District and the Ames Economic Development
Commission. All these events led to this point, where the company is ready to discuss what they
believe to be a catalytic and transformational project for the Ames community. He shared that
Hunziker and Associates have been in contact with hoteliers, office users, retailers, and
restaurateurs who have all expressed an encouraging level of interest in the project. Mr.
Winkleblack stated that with the approval of the conceptual agreement, Hunziker and Associates
will move forward with contracts for the actual spaces within the development. He discussed the
magnitude of the project and the approximate project timeline, while also highlighting ways the
company could investigate sustainability in each phase of the project. He also reviewed the details
of the parking structures as well as the tax revenue that would be generated and the benefit it will
have to the City of Ames. He emphasized that the City Council would not be asked to budget any
part of the Capital Improvements Project budget to the development of the Linc, highlighting the
use of minimum assessment agreements. He furthered that the Linc will provide an opportunity to
retain residents and create a vibrant community for young people, noting that the proximity to
downtown is crucial to the project. Mr. Winkleblack concluded the Linc will be an asset to the
community that will provide additional attraction to the community.
Dylan Klein, Ames Economic Development Commission, 304 Main Street, Ames, stated that the
Linc is a fantastic project and voiced the Commission’s enthusiastic support. He expressed this
opportunity provides local benefits that will increase business attraction. He shared that business
attraction is his primary role with the Commission and the proposed project has already paid
dividends as a marketing tool for attraction of businesses to Ames of all different sizes. He
expressed the added housing downtown is integral in attracting businesses and will be something
that the people of Ames will be very excited about. Mr. Klein noted that the project is a once-in-
a-generation opportunity that will change the landscape of downtown literally and figuratively
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while providing amenities that will continue to attract people and businesses to the Ames area. He
also noted how important it is that people will have the opportunity to spend their dollars in Ames,
which will be a tremendous economic impact that he believes should be held in perspective.
Mayor Haila closed the Public Input when no one else came forward to speak.
City Manager Schainker noted that the City Council will be asked to make a motion on how to
proceed at the October 25, 2022, meeting. He stated that over the next few weeks, City staff and
the Developer will move expeditiously though the process to finalize the agreement. He furthered
that staff also wants the public to be aware of the project and encouraged anyone with questions
or concerns to contact the City Manager’s Office or the Planning and Housing Department . To
conclude, Mr. Schainker shared this project will accomplish a unified mixed-use development that
will be catalytic for the downtown area and is in line with the direction of the Lincoln Way Corridor
Plan.
NORTH DAYTON INDUSTRIAL PARK: Planner Justin Moore presented the preliminary plat
for the North Dayton Industrial Park, 2105 and 2421 North Dayton Avenue. Mr. Moore provided
an orientation for the site, explaining that the 72.99 acres of land will include ten lots planned for
industrial development with five lots below three acres in size and the other five below eleven
acres in size. The Preliminary Plat includes two outlots which include Outlot A (6.27 acres) and
Outlot B (11.78 acres) for the treatment and detention of stormwater and wetland protection. The
access to these lots will be directly from Bailey Avenue, which will have access off North Dayton
Avenue at two points. Lots 10 and 11 are proposed to be ‘through lots’ located between Dayton
Avenue and Bailey Avenue. Utilities will be extended into the subdivision including water,
sanitary sewer, and electrical lines. Water and Sanitary Sewer will serve all lots from along Bailey
Avenue.
The stormwater plan for the development was reviewed by Planner Moore and he noted that the
majority of the site will have runoff diverted to a large detention pond located at the southwest
corner of the site before it is released to the west. Water quality and quantity controls are included
primarily within the ponds. Mr. Moore discussed that representatives of the Izaac Walton League
expressed concerns regarding the release location of stormwater and how it would affect their
property to the west. Staff has worked with the Developer’s engineer to design a system that allows
a release of water towards the Izaac Walton League site marsh for 1-year storm event rainfalls,
approximately 2.5 inches of rain. Larger storm events are controlled by the stormwater system and
routed to the treatment pond. Council Member Gartin noted people are often surprised that
development improves surface water flow and asked about what improvements this stormwater
plan would create for the surrounding area. Municipal Engineer Tracy Peterson explained the
existing water quality and directions of water flow. She discussed ways in which the Developer
has altered the site plan to minimize negative impacts to the natural resources to Izaak Walton
League’s property.
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Planner Moore continued with an explanation of the conditions of the Preliminary Plat,
highlighting the layout of the proposed subdivision does not include a final extension of sanitary
sewer to the north, approximately 300 feet of pipe length. The initial proposal considered a waiver
request of the subdivision standards due to the use of TIF for financi ng the infrastructure and
limited utility of the extension based upon the existing use to the north and no further planned
expansion. Mr. Moore discussed that City staff conditioned the Preliminary Plat includes an
extension of the Sanitary Sewer line to the north with public improvement plans. He noted that the
other condition requires to update the final stormwater management plan to reflect the approved
stormwater design and obtain Army Corps of Engineers wetland fill permit prior to approval by
the City for grading.
Mayor Haila noted that Lot 2 and Lot 3 show disturbed wetland along the west property line and
asked staff to identify the adjacent property owner’s concern of the water at those locations.
Engineer Peterson explained the information she has received had been regarding the natural
resources and waterways that are going through the adjacent property owner’s land. The adjacent
property owner has great care for their water quality, and they do not want to be impacted by a
change of water quality, explained Ms. Peterson. She discussed the concern with the original
design of the development, highlighting the efforts of the Developer to keep the drainage patterns
and ensure stormwater is cleaned. She went on to review extreme flood events with relation to
limiting erosion to waterway, detailing the need for a storm water basin where the water can be
controlled and detained to maintain regular water flow to the west. Mayor Haila asked if a
successful resolution has been achieved to accomplish everyone’s objectives. Engineer Peterson
replied in the negative, but highlighted that as presented, the stormwater management plan is
approvable through the City of Ames Stormwater Management Ordinance, though the Army Corps
of Engineers permit may come back with additional conditions that would be address as part of
the Final Plat.
The City Council and Mayor discussed stormwater management and addressed the concerns of the
adjacent property owner with staff before Mayor Haila opened the Public Input.
Paul Reedhead, 1200 Ridgewood Avenue, Ames, Ames Chapter of the Izaak Walton League
Board of Directors, referenced the letter sent to the City Council by Gene Nosco, who is also a
member of the Izaak Walton League, which detailed the concerns the League has. He highlighted
the issues of water quality and water flow were addressed by staff through a report by Bolton and
Menk. He stated the report did not contain information that was particularly valuable to the League,
nor did it directly address their concerns. Mr. Reedhead elaborated that for water quality their
concerns were the north and south drainage areas with the third drainage area though the middle
of the development. He noted that the third drainage point ran diagonally the detention basin that
holds approximately six-acre feet of water. He stated that the League does not want too much or
too little water on their property, as they have their own lake. Mr. Reedhead furthered that the
excessive runoff from the property when it was agricultural land had been mitigated; however, the
League is concerned about oil, salt, and particulate matter in the water. He discussed the vortex
trap that was proposed to clean the water and shared his unconvinced opinion on the idea. He
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shared there is nothing else the development can do to mitigate the elements in the central
waterway, noting that the League is going to disagree with how the development is proposed.
Engineer Peterson discussed the discharge points that Mr. Reedhead mentioned and walked
through the details of the hydrodynamic separator, highlighting to the City Council the efforts of
the Developer to mitigate any potential issues.
Steve Buck, 217 26th Street, Ames, mentioned that he is a member of the Izaak Walton League
and presented the history of the conservation efforts on their land. He shared that eliminating the
use of the farmland will greatly reduce nitrogen phosphates and silt, which has been a major
problem for the League over the decades. He said that his concern with the adjoining property is
that water was previously able to flow onto their site from multiple access points that is proposed
to be cut down to two. Mr. Buck discussed the effects of the major rain events in 2015 and the
factors that the League considered when cleaning up the damage. He said that with the proposed
development, the League has a lot to be concerned about, considering what water is coming on to
their land and how fast.
Mayor Haila asked if Mr. Buck was pleased that the nitrogen phosphates and silt were being
eliminated. Mr. Buck replied in the affirmative, noting that the water quality and drainage were of
concern to the League. Mayor Haila asked if the water to the lake on the property all came from
surface level. Mr. Buck replied in the affirmative.
Chuck Winkleblack, Hunziker and Associates, 105 South 16th Street, Ames, shared the company
has a good history of working with neighbors to try to resolve problems that come up with a
solution that works for everyone. He discussed their efforts to find a resolution in this situation,
highlighting that the Preliminary Plat is compliant with City code and contingent on the Army
Corps of Engineers permit to delineate the wetlands.
Greg Broussard, Bolton and Menk, 1519 Baltimore Drive, Ames, noted that he is the engineer on
the project for Hunziker and Associates. He discussed the technical background of the engineering
of the site to maintain the water to the adjacent property, highlighted that there are four points
where water flows off the site with Outlot B and three drainage channels, which will keep the Izaak
Walton League facilities the same as they are today. He dove into more detail surrounding the
hydrodynamic separators, noting that though they are cost prohibitive, they work efficiently in
pulling particulate matter from the water.
Council Member Beatty-Hansen asked how often the hydrodynamic separators need cleaning and
who would be responsible for it. Mr. Broussard replied that the cleaning of the separators really
depends on the amount and type of debris coming from the property. Mr. Winkleblack explained
that the Developer is establishing a Property Owners Association that will pay dues to maintain
the costs of the water quality. Engineer Peterson added the Developer will receive annual
reminders from the City staff to do maintenance.
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Mr. Broussard discussed the pond sizing and release rate in a further explanation of the stormwater
management design. He confirmed the pond is large enough to hold off all the necessary water so
the release rate to the adjacent property is equal to that of a prairie. Mr. Broussard reviewed the
water discharge points and where controlled releases will be located to manage large storms.
Mayor Haila asked Mr. Broussard to comment on dissolved salts. Mr. Broussard noted that it
would be something the engineers would have to investigate when evaluating hydrodynamic
separators.
The City Council and Mayor discussed the concerns expressed with staff, evaluating the
responsibility of the City Council when considering approval of the Preliminary Plat. City staff
affirmed that the plat is compliant with the Stormwater Management Ordinance and was
approvable as presented with the conditions outlined.
Mayor Haila closed the Public Input when no one else came forward to speak.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 22-546 approving
Preliminary Plat for North Dayton Industrial Park, 2105 & 2421 Dayton Avenue, with the
conditions: A) To include an extension of the Sanitary Sewer line to the north with public
improvement plans and the final plat; and B) To update the final stormwater management plan to
reflect the Approved Stormwater design and obtain Army Corps of Engineers wetland fill permit
prior to approval by the City for grading and final plat.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Director Diekmann presented the Tax Increment Financing Agreement for the North Dayton
Industrial Park, 2105 and 2421 North Dayton Avenue. The TIF agreement rebates the Developer
for the costs of installing public infrastructure to provide for a subdivision that will have half of its
lots designed for small industrial businesses on lots less than three acres in size and a commitment
to build speculative industrial buildings.
The Developer has agreed to install all water, sanitary sewer, public storm sewer, street paving
and associated improvements to City standards within the next year along with obtaining approval
of a final plat. The Developer will provide five small lots and five large lots and agrees to the
design standards for all buildings in the subdivision included with the TIF Development
Agreement. The public improvements to be financed with the TIF rebate do not include any costs
related to potential connection fees for the existing 12-inch water main. Director Diekmann noted
that staff is recommending approval of the agreement.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
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Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 22-547 approving Tax
Increment Financing (TIF) Development Agreement with Dayton Avenue Development LLC for
North Dayton Industrial Park, 2105 & 2421 Dayton Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
STAFF REPORT REGARDING ZONING TEXT AMENDMENT TO THE WHOLESALE
TRADE AND DISPLAY STORE PARKING RATE: Planner Justin Moore presented the staff
report, noting that FOX Strand requested a Zoning Text Amendment on behalf of a regional
furniture client to reduce the current parking requirement for a Furniture Store from one space per
500 square feet of floor area to one space per 625 square feet. He highlighted that staff found two
options to address this request.
Option 1 would reduce the required parking rate for Display Stores by 20%. Display stores can
have large areas with lower customer counts compared to typical personal goods retailers such as
Target or J.C. Penney. The current rate of one space per 500 square feet reflects this expectation
compared to general retail at one space per 300 square feet. Reducing the Display Store rate by
20% would likely be at the lower end of typical ranges for such a use, but if a store desires more
parking, it would be allowed to construct additional parking.
Option 2 would create a new generally applicable reduction for uses exceeding 100 or more
parking spaces. Under this option staff, proposed creating a possible reduction for all commercial
or industrial uses that exceed 100 parking stalls. The reduction would allow for the Planning
Director to waive up to 20% of the total required parking stalls, but not less than 100 spaces.
Planner Moore noted that one of the benefits to this option is that it reduces impervious space and
is a more comprehensive approach, which is why staff recommends Option 2.
Council Member Junck asked if there would be any situations in which the Planning Director
would not want to wave the 20% or if this would be applied as a standard. Director Diekmann
shared that it has not been written out or pieced into the code at this point, but the intent would not
be to have criteria; rather, the request would be granted unless there is something that staff needs
to safeguard against. Council Member Rollins asked for clarification on the amendment applying
only to non-residential properties. Director Diekmann replied in the affirmative.
Mayor Haila opened the Public Input.
Chuck Winkleblack, Hunziker and Associates, 105 South 16th Street, Ames, discussed that as a
developer the only request he receives more often than Olive Garden is a furniture store and shared
how the parking change will positively impact the development. He shared that the community
has been without a furniture store for almost 25 years and urged the City Council to approve the
Text Amendment to remove the barrier for development.
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Council Member Gartin asked Mr. Winkleblack for his professional opinion as a developer on the
two options presented to the City Council, as he has noticed that there are many parking areas in
Ames that are underutilized. Mr. Winkleblack noted that many developments in town have a sea
of parking that is only filled a few days each calendar year. He shared his support for Option 2, as
he believes it is better for our community to utilize what could be green space in parking sites and
trusts the discretion of the Planning Director. He also shared that he would hope the Text
Amendment would allow for more efficient use of parking sites for larger properties. Director
Diekmann agreed with Mr. Winkleblack’s statement, noting that the density of employees for
industrial developments varies greatly and this amendment would benefit industrial users as well.
Mayor Haila closed the Public Input when no one else came forward to speak.
Moved by Beatty-Hansen, seconded by Corrieri, to approve Option 2: Create a new generally
applicable reduction for uses exceeding 100 or more parking spaces.
Vote on Motion: 5-0. Motion declared carried unanimously.
STAFF REPORT REGARDING ZONING TEXT AMENDMENT HOME OCCUPATION:
Planner Benjamin Campbell presented the staff report, highlighting that earlier this year, Governor
Reynolds signed into law House File 2431, which pertains “to the regulation of home-based
businesses.” The Ames Zoning Ordinance refers to home-based businesses as home occupations,
which are otherwise the same. The new regulations preempt certain local laws and limit how a city
can regulate home-based businesses, principally regarding “no-impact” businesses. In order to
continue to apply standards to home based occupations, the City must modify its zoning standards
to comply with state law.
The new state law does not allow cities to regulate home-based businesses by use, with some
exceptions, but does allow them to regulate by intensity of use and potential impacts to a
neighborhood, including parking on the street and any noise, odor, or pollution emanating from
the property in question. The state law defines a “no-impact home-based business” as one that,
essentially, is operated within a building or in a yard out of view from surr oundings and does not
create any negative impacts on the surrounding neighborhood or surrounding properties. If a
business is classified as no-impact home-based business, the City of Ames may not require any
permit or other review. If the City receives complaints about the no-impact home-based business,
staff can investigate to see if the use is complying with the state criteria pertaining to impacts and
intensity of use. Under the new law, cities may still require permits for home occupations that are
not no-impact home-based businesses.
After consultation with the City Attorney and the Inspections Division, staff believes that
adjustments to our approach can be made to continue to apply regulations to home occupations.
New standards would have to address the state law requirements and provide performance
thresholds to assess impacts to a neighborhood, but many of the criteria could carry over.
Mayor Haila opened the Public Input.
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Richard Deyo, 505-8th Street, #2, Ames, discussed his own informal home-based business where
he takes donations for t-shirts and buttons. He expressed his concern for shopping at large retailers
where it does not seem as though the companies care to have him as a customer.
Mayor Haila closed the Public Input when no one else came forward to speak.
Council Member Gartin stated that the State of Iowa, which believes the best and most responsive
government is the closest one, does not apply that philosophy to City governments. He noted that
he is astounded by the boldness of the state legislature to continue to interfere with home rule.
Council Member Beatty-Hansen asked what the motivation was for the state to move forward with
this legislation. Director Diekmann stated that he was unaware of the exact reasoning, but his
research indicated that the intent was to not allow the government to restrict a person’s ability to
use their home to generate a secondary income, as many people have started to work from home.
Moved by Beatty-Hansen, seconded by Gartin, to approve Option 1: Allow Home Occupations by
Right Subject to Performance Criteria.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON POWER PLANT RENOVATIONS PROJECT: Electric Services Director
Don Kom was present for questions.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Junck, to receive the Report of Bids and reject all bids.
Vote on Motion: 5-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
two items for consideration by the City Council. The first was an email from Sondra Wilson
requesting a policy regarding gardening spaces for renters. Council Member Gartin noted that he
replied to Ms. Wilson’s email informing her of the available options and he believes that she
already applied for a garden plot through the Parks and Recreation Department.
The second item was a memo from Planning and Housing Director Kelly Diekmann regarding a
Text Amendment for solar energy systems.
Moved by Beatty-Hansen, seconded by Corrieri, to place on a future agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Ex officio Garman noted that he is excited to meet with the Mayor
and Iowa State Student Government President next week to set the agenda for the joint meeting on
October 26th, 2022.
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Council Member Rollins announced that the Iowa League of Cities will meet next year in Cedar
Rapids from September 20-22, 2023. She noted the event this year was wonderful, and she is
excited for next year.
Council Member Gartin introduced Mayor Haila as the President for Iowa League of Cities. He
noted that the Mayor is showing tremendous leadership statewide, and he is proud of the Mayor
for taking the role. He continued that EcoFair was a successful event and thanked staff for their
time and effort to make it possible.
Mayor Haila mentioned the first Community Conversation had been hosted on October 4th, 2022
and asked Assistant City Manager Deb Schildroth to provide a brief report. Assistant City Manager
Schildroth announced that there were over 50 people attending the event as well as the panelists
presenting and City staff. She noted many powerful personal stories were shared at the event and
local agencies also had the opportunity to discuss the services they provide. She stated the event
was well received, highlighting that the next event would be hosted on Thursday, November 3rd,
2022 at the Ames Water Treatment Plant, 1800 E. 13th Street, from 6:30 to 8:30 p.m. Ms.
Schildroth discussed promoting the event and involving more students from the community.
Mayor Haila walked through some of the stories shared and encouraged everyone to attend the
future conversations.
ADJOURNMENT: Moved by Gartin, seconded by Rollins, to adjourn the meeting at 9:04 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Deputy City Clerk John A. Haila, Mayor
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Renee Hall, City Clerk