HomeMy WebLinkAbout~Master - Special Meeting of the Ames Conference Board 07/28/2015MINUTES OF THE SPECIAL MEETING OF THE
AMES CONFERENCE BOARD AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 28, 2015
SPECIAL MEETING OF THE AMES CONFERENCE BOARD
The regular meeting of the Ames Conference Board was called to order by Chair Ann Campbell at
5:30 p.m. on July 28, 2015. Present from the Ames City Council were Amber Corrieri, Tim Gartin,
Matthew Goodman, Chris Nelson, and Peter Orazem. Ames City Council Member Gloria Betcher
was brought in telephonically as it was not practical for her to attend in person. Story County Board
of Supervisors present were Paul Toot and Rick Sanders. Representing the Ames School Board were
Rodney Briggs and Bill Talbot. Gilbert and United Community School Districts were not
represented.
MINUTES OF FEBRUARY 24, 2015, MEETING OF THE CONFERENCE BOARD: Moved
by Goodman, seconded by Sanders, to approve the Minutes of the February 24, 2015, meeting of the
Ames Conference Board.
Vote on Motion: 3-0. Motion declared carried unanimously.
DISCUSSION ON BUDGET AMENDMENT: City Assessor Greg Lynch explained his request
to change a half-time position in his office, which was approved for the 2015/16 Budget, to a full-
time position. Mr. Lynch stated that after the Appraiser position was posted, they received only eight
applications. None of those applicants had any experience in assessment; the position remains
vacant. The workload in the City Assessor’s Office continues to increase. In addition, they have
fallen behind partly because of the appraiser position that has not yet been filled since last November
and an Information Systems Analyst position that has been vacant since April.
Mr. Lynch referenced a recent survey pertaining to staff levels in Assessor’s Offices. Based on their
parcel count for January 1, 2015 (which was 20,445), his office should have a staff of at least 8.22
employees. According to Mr. Lynch, if the half-time position were to be changed to full-time, the
Ames City Assessor’s Office would have seven permanent employees. He noted that would still be
lower than the 8.22 shown in the Survey. Mr. Lynch advised that the impact on this year’s Budget
would be minimal ($2,285) due to the anticipated salary savings resulting from the vacancies. The
impact on next year’s budget, if approved, would be $57,000.
Moved by Nelson, seconded by Clinton, to approve the request to change a half-time position in the
City Assessor’s Office to a full-time position.
Vote on Motion: 3-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Corrieri, seconded by Clinton, to adjourn the Ames Conference
Board meeting at 5:45 p.m.
Vote on Motion: 3-0. Motion declared carried unanimously.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council was called to order by Mayor Ann Campbell at
5:52 p.m. on July 28, 2015, in the City Council Chambers in City Hall, 515 Clark Avenue. Present
were Amber Corrieri, Tim Gartin, Matthew Goodman, Chris Nelson, and Peter Orazem. Council
Member Gloria Betcher was brought in telephonically as it was not practical for her to attend in
person. Ex officio Member Sam Schulte was also present.
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PROCLAMATION FOR NATIONAL HEALTH CENTER WEEK, AUGUST 9-15, 2015:
Mayor Campbell proclaimed August 9 - 15, 2015, for National Health Center Week. Accepting the
Proclamation were representatives of Primary Health Care, namely, Linda Hanson, Clinic Director
for Story County, and Amy Walsh and Angie (last name not given), who are nurses with the
organization. According to Ms. Hanson, the Community Health Care Center for Ames is the
Primary Health Care Center located in West Ames.
Moved by Nelson, seconded by Corrieri, to approve the following items on the Consent Agenda.
1.Motion approving payment of claims
2.Motion approving minutes of Regular Meeting of July 14, 2015, and Special Meeting of July 21,
2015
3.Motion approving certification of civil service applicants
4.Motion approving Report of Contract Change Orders for July 1-15, 2015
5.Motion authorizing Mayor to sign Waiver of Iowa Code Section 306.23 expressing no interest
in purchasing land being offered by Iowa Department of Transportation
6.Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a.Class C Liquor – Sportsman’s Lounge, 123 Main Street
b.Class E Liquor, C Beer, & B Wine – AJ’s Liquor II, 2515 Chamberlain Street
c.Class B Beer – Pizza Ranch of Ames, 1404 Boston Avenue
7.Motion approving new Special Class C Liquor License for HuHot Mongolian Grill, 703 South
Duff Avenue, Suite #105
8.Motion approving new Class C Liquor License & Outdoor Service for VenuWorks, Fisher
Theater
9.Motion approving new Class C Liquor License & Outdoor Service for VenuWorks, Scheman
Building
10.Motion approving new Class C Liquor License & Outdoor Service for VenuWorks, CY Stephens
Auditorium
11.Motion approving new Class C Liquor License, Outdoor Service, & Catering Privilege for
Cyclone Experience Network, Jack Trice Stadium
12.Motion approving Encroachment Permit for sign at 232 Main Street
13.Motion approving Encroachment Permit for sign at 2300 Lincoln Way
14.Motion approving Encroachment Permit for mailbox at 2001 Indian Grass Court
15.Motion approving Encroachment Permit for two signs at 2420 Lincoln Way
16.Motion approving 5-day (August 10-August 14) Special Class C Liquor License for Gateway
Market MLK at Reiman Gardens, 1407 University Boulevard
17.Motion approving 5-day (August 7-August 11) Class C Liquor License for Dublin Bay Pub at
CPMI Event Center, 2321 North Loop Drive
18.Motion approving 5-day (August 1-August 5) Class C Liquor License for Olde Main at ISU
Alumni Center, 420 Beach Avenue
19.RESOLUTION NO. 15-450 approving appointment of Mary Beth Oostenbrug to fill vacancy on
Human Relations Commission
20.Requests from Main Street Cultural District for MusicWalk on September 3, 2015:
a.Motion approving Blanket Temporary Obstruction Permit and Blanket Vending License for
MSCD from 3:00 p.m. to 9:00 p.m.
b.RESOLUTION NO. 15-452 approving waiver of fees for electricity usage from 3:00 to 9:00
p.m., waiver of parking meter fees and enforcement in MSCD from 3:00 to 6:00 p.m., closure
of 14 parking spaces along Main Street from 3:00 to 9:00 p.m. for food vendors, and waiver
of fee for Blanket Vending License
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21.Request for Captain Midnight’s Run for Cystic Fibrosis on September 4, 2015:
a.RESOLUTION NO. 15-453 approving closure of Bloomington Road, from Roy Key Avenue
to Hoover Avenue, and portion of Roy Key Avenue, from Bloomington Road to Top-O-
Hollow Road, from approximately 7:00 to 7:45 p.m.
22.Requests for Bike Night for Main Street Cultural District on Friday, August 28, 2015:
a.Motion approving blanket Temporary Obstruction Permit and blanket Vending License
b.Motion approving 5-day Special Class C Liquor License and Outdoor Service for August 27-
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c.RESOLUTION NO. 15-454 approving closure of Douglas Avenue from Main Street to Fifth
Street
d.RESOLUTION NO. 15-455 approving closure of 6 metered parking spaces on Douglas
Avenue for MSCD from 12:01 to 11:30 p.m. on Friday, August 28
e.RESOLUTION NO. 15-456 approving closure of 115 metered parking spaces on Main Street
and 8 more spaces on Douglas Avenue from 5 p.m. to 11:30 p.m. on Friday, August 28
f.RESOLUTION NO. 15-457 approving waiver of fee for blanket Vending License
23.RESOLUTION NO. 15-458 approving preliminary plans and specifications for Ash Pond
Rehabilitation; setting August 13, 2015, as bid due date and August 25, 2015, as date of public
hearing
24.RESOLUTION NO. 15-459 approving contract for Ash Pond Slope Stability Study
25.RESOLUTION NO. 15-460 approving preliminary plans and specifications for GT1 Combustion
Turbine - Generator Preaction Sprinkler System, Carbon Dioxide System, and Fire Alarm
Upgrade; setting August 26, 2015, as bid due date and September 8, 2015, as date of public
hearing
26.RESOLUTION NO. 15-461 approving preliminary plans and specifications for Power Plant Fuel
Conversion - Uninterrupted Power Supply (UPS) System; setting August 26, 2015, as bid due date
and September 8, 2015, as date of public hearing
27.RESOLUTION NO. 15-462 approving preliminary plans and specifications for Power Plant Fuel
Conversion - Electrical Installation General Work; setting September 9, 2015, as bid due date and
September 22, 2015, as date of public hearing
28.RESOLUTION NO. 15-463 approving preliminary plans and specifications for 6 Street Bridgeth
over Squaw Creek; setting September 15, 2015, as bid due date and September 22, 2015, as date
of public hearing
29.RESOLUTION NO. 15-464 approving contract and bond for Unit #7 Crane Repair
30.RESOLUTION NO. 15-465 approving Change Order Nos. 1 and 2 to engineering services
agreement for ISU Research Park Phase III Design Services with Shive-Hattery of West Des
Moines, Iowa, in an amount not to exceed $76,250
31.RESOLUTION NO. 15-466 approving Change Order No. 2 to Sargent & Lundy, LLC, of
Chicago, Illinois, in an amount not to exceed $174,000 for engineering services for conversion
of Power Plant from Coal to Natural Gas
32.Lime Sludge Disposal:
a.RESOLUTION NO. 15-467 accepting completion of Year 2 Contract with Wulfekuhle
Injection and Pumping, Inc.
b.RESOLUTION NO. 15-468 awarding Contract to Wulfekuhle Injection and Pumping, Inc.,
for Year 3
33.North Growth Area Utilities Extension Project:
a.RESOLUTION NO. 15-469 approving Change Order No. 1 in the amount of -$69,948.48
b.RESOLUTION NO. 15-470 accepting completion
34.RESOLUTION NO. 15-471accepting completion of 1200 Amp Switchgear for Vet Med
Substation Feeder Extension Project
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35.RESOLUTION NO. 15-472 accepting completion of Vet Med Substation Feeder Extension
Project
36.RESOLUTION NO. 15-473 accepting completion of GT2 Control Room and Shop Preaction
Sprinkler System and Fire Alarm Upgrade
37.RESOLUTION NO. 15-474 completion of Controls and Relaying Panels for Dayton and Stange
Substations
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
ENDORSEMENT OF IOWA ECONOMIC DEVELOPMENT AUTHORITY APPLICATION
FOR FINANCIAL ASSISTANCE FOR XPANXION, LLC: Ron Hallenbeck, 3119 Burnham
Drive, Ames, spoke as a representative of the Ames Economic Development Commission (AEDC).
He explained that XPANXION started in 2011 with three employees. The company provides
software development and testing operations At that time, they did receive assistance in the form of
a low-interest loan from the state for 20 employees. The City did not participate in the local match
at that time; AEDC handled the local match. According to Mr. Hallenbeck, XPANSION has now
paid off everything and has grown to include 41 employees. The company has now applied for
economic development assistance for a project that includes consolidating offices from four suites
across two buildings to a single location that will accommodate both the current workforce and the
addition of 45 new full-time high-quality jobs. The Iowa Economic Development Authority has
tentatively agreed to provide incentives to the company, which includes a no-interest loan. A
condition of the state assistance is a local match in the form of a $36,000 no-interest loan with half
forgivable. Funding for the local match will be half from the City and half from the Ames Economic
Development Commission.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 15-451 approving endorsement
of the Iowa Economic Development Authority application for Financial Assistance for XPANXION,
LLC, with local match in the form of no-interest loan.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
PUBLIC FORUM: Dan Breitbarth, 444 Welch, Ames, introduced himself as the new Student Body
President at Iowa State University. He shared two issues on which he believed the Student Body and
the City would be collaborating, i.e., ensuring everything was moving forward on the Kingland
Systems development and looking at the transportation infrastructure network in around the
University Campus. Mr. Breitbarth also named two other issues that he believed are important to ISU
students, which were creating a more sustainable community and collaborating on recylables
initiatives.
ENTREPRENEURSHIP WORKSHOP: Management Analyst Brian Phillips reported that, during
its 2015 Goal-Setting Session, the City Council had directed staff to plan a workshop regarding
entrepreneurship. The purpose of the workshop would be to discuss the existing entrepreneurship
environment in Ames, identify successes and assets in the Ames community, and understand what
role the City can play in fostering the entrepreneurial environment in the future. The Council allocated
funds in the FY 2015/15 Budget to host the workshop. According to Mr. Phillips, staff had been
working on the framework for the proposed workshop and asked for specific direction on the
following items:
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1.Consulting Organization. Staff is proposing that a key component involve guidance from an
organization with experience in local public policy that fosters entrepreneurship. Staff had
contacted the Kauffman Foundation from Kansas City, Missouri, which advised that it could
provide a staff person to outline national trends transferable to Ames in creating entrepreneurial
environments. Because the Foundation is an endowed foundation, the expert could be provided
at no cost to the City.
2.Other Experts. Staff is proposing inviting key leaders from Iowa State University to discuss the
importance of entrepreneurship to it as well as policies or activities that could be undertaken by
the City to help encourage entrepreneurship. Additionally, several local entrepreneurs would be
invited to share their experiences in developing their businesses in Ames.
3.Location and Timing. City staff proposed hosting the workshop in the Scheman Building at the
Iowa State Center. Rates for a convention room at the Scheman Building range from $450 to $775
for the use of the Benton Auditorium. An additional $250 fee would apply for the use of a
projector in the Auditorium. Staff also proposed allocating an additional $500 for refreshments
and any contingency costs. Because of the number of schedules that must be coordinated, staff
proposed hosting it in November 2015; that appears to be the earliest date that would work.
4.Invitees. Staff will work to identify the final line-up of speakers and participants between now
and when the workshop is held. As a starting point, staff proposed that the Ames Economic
Development Development Commission, Ames Chamber of Commerce, Ames Seed Capital
coordinators, the Ames Community School District staff and board members, ISU Resesarch Park
staff and board members, ISU Entrepreneur Club, and the DMACC Entrepreneurship Program
staff.
Moved by Gartin, seconded by Goodman, to authorize staff to:
1.Spend up to $1,600 from the City Council’s FY 2015/16 Workshop Budget to secure a room in
the Scheman Building.
2.Retain the services of the Kauffman Foundation to provide expert information regarding
entrepreneurship issues.
3.Request the participation of representatives from the local entrepreneurial community and
University leaders.
Vote on Motion: 6-0. Motion declared carried unanimously.
SETTLEMENT AGREEMENT PERTAINING TO BRECKENRIDGE V. CITY: City Attorney
Judy Parks provided the background, including the land descriptions and current zoning designation
and ownership history. She also provided information on other significant events, i.e., litigation and
Administrative Appeals, the purchase negotiations with Iowa State University (ISU), and requests for
settlement negotiations made by Breckenridge.
According to Ms. Parks, during discussions, there were certain issues that came out as very important
elements, and the proposed Agreement covers those elements. Those were named as:
1.Preservation of the South Parcel. This would be accomplished through the cooperation of Iowa
State University, which has agreed to purchase that Parcel and will close on that transaction by
August 31, 2015.
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2.Middle Parcel. Its density would be in the City’s hands; its development is not covered in the
Agreement. There is a great need for family housing in the City. This would be one way to
provide an opportunity for families to enter into home ownership in Ames that is not of a rental
nature.
3.North Parcel. This would be designed for a mixed-use commercial/residential designation. The
specific zoning is not called out, but there are some requirements and some limitations
incorporated into the Settlement Agreement, to-wit:
1.Three hundred fifty (350) beds would be allowed on the North Parcel; that number could
increase up to 422 if three additional lots, on which Breckenridge has options to purchase, are
acquired.
2.Commercial space totaling 15,000 square feet would be required.
3.Buildings shall be no higher than three stories.
4.The property would be made eligible for urban revitalization tax abatement consistent with the
Council’s efforts to obtain more than the minimum amenities like those that have been required
for other buildings along Lincoln Way that have had significant redevelopment.
According to Ms. Parks, approval of the settlement will still require other future actions by the City
Council, which include following all statutory steps. City Attorney Parks emphasized that the
Settlement Agreement is not a specific project approval. A Land Use Policy Plan (LUPP) change will
be necessary, the North Parcel will need to be rezoned, a Plat of Survey and site plan approvals will
need to happen. Ms. Parks advised that one of the steps that would need to occur is to follow through
with the rezoning. If a Protest is filed to the rezoning, it would require five votes (a super majority)
of the City Council. If the rezoning ultimately was not approved, the City could be subject to a breach
of contract action. She said that that type of action is possible on the hundreds of contracts entered
into by the City. The Council members were told by Ms. Parks that that will be a decision they will
have to make. She noted that the possible Settlement Agreement had been made public so that the
Council could hear from their constituents, and public input would be taken at this meeting.
Council Member Goodman stated that he did not remember a contract where Council had committed
to taking certain action in the future. Ms. Parks noted that there had been, and one was the rezoning
of Scenic Valley Subdivision, where the Council had committed to a certain zoning designation. She
said, however, a significant difference between that one and this is that no Protest was filed with that
one. She reiterated that, in the case of the North Parcel, if a Protest were to be filed, five votes would
be required. It is not a given, but it is anticipated, that a Protest will be filed in this case.
Christina Helfers, 223 Hilltop Road, Ames, read a statement prepared by her husband, Tyler Helfers,
who could not be present at this meeting. In his statement, Mr. Helfers stated that he and Christina
purchased their home last November knowing full well that there was an ongoing dispute between
Breckenridge and the City over development of the Old Middle School property and that there was
the potential for dramatic changes in the neighborhood. He has concerns over the increased traffic
flow, which he does not believe has been adequately dealt with. The second issue is that affordable
housing would be built on the Middle Parcel. It is not so much that he is opposed to that as much as
he would like to know more about it. He is unsure whether that was what was needed now for Ames
and for this neighborhood. Mr. Helfers added in his letter that he stands behind the Council’s
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decisions about lowering the density for the area in question as long as it was done in good faith, and
he believes that the Council members make their decisions around what they believe is best for Ames.
Ms. Helfers stated that she personally has concerns about traffic and how the land was divided. She
also commented that she is wondering what other compromises will be made if there is not enough
parking for 422 beds. It was pointed out by Ms. Helfers that a lot of college students already live on
the southwest side, and already many families do not want to live there.
Mayor Campbell pointed out that tonight, the Council is looking at only the Agreement that deals
with the issues that were highlighted by City Attorney Parks. The other issues, i.e., parking and
drainage, etc., will be dealt with under other processes that are yet to come.
Michael Petersen, 3302 Morningside Street, Ames, advised that he is a member of the College
Creek/Old Ames Middle School Neighborhood Association. He commended Breckenridge for
offering to sell the South Parcel to Iowa State University and the Middle Parcel to the City. Mr.
Petersen voiced his personal concerns over the possible loss of the peace and quiet for residents of
Wilmoth, Tripp, Hilltop, and Franklin Streets when the North Parcel is occupied by 422 students.
According to Mr. Petersen, Breckenridge has proven that it cannot be trusted. He expressed his
reservations about Breckenridge adhering to the terms of any Agreement. Mr. Petersen does not agree
with offering any tax abatement to Breckenridge, as he feels that it is not the responsibility of the
taxpayers of Ames to subsidize the development or ensure that Breckenridge can proceed with its
business proposal for high-density student housing. Breckenridge was not invited to come to Ames.
He also believes that there will be traffic problems and problems caused by partying and the lack of
trash control. It was stated by Mr. Petersen that the neighborhood residents had worked hard to retain
RL zoning on all three parcels and do not want to give that up. He does not accept the terms of the
proposed Settlement Agreement and urged the Council not to approve it. According to Mr. Petersen,
to accept the Agreement would be giving in to bullying and intimidation by the developer and would
set a precedent for other developers to follow. He asked what would happen to the Breckenridge
development when ISU student housing declines; it would not be suitable for single-family housing.
Sharon Guber, 2931 Northwestern Avenue, Ames, reviewed the actions that had occurred since the
School District sold the three Parcels in question. She reviewed the goals of the Land Use Policy
Plan. Per the testimony of Ms. Guber, currently, with the RL zoning, on all parcels, there would be
a total of 362 total residents on all three Parcels or 14 residents/acre. Under the proposal, 422
residents would be allowed on the North Parcel and three optional parcels and approximately 145
residents would be allowed on the Middle Parcel; that equates to 567 total residents (47
residents/acre with 422 on the North Parcel). Ms. Guber made a comparison of the proposed
development to the other Aspen Heights properties. She also showed pictures of what single-family
housing in Ames looks like next to large apartment buildings, e.g., The Grove, Luverne Apartments.
Ms. Guber expressed her fears that properties around the North Parcel will be sold or used as rentals
after the student housing is built. She asked how apartment buildings are repurposed when they are
no longer occupied.
Joanne Pfeiffer, 3318 Morningside Street, Ames, thanked the City Council for all the work it had
done in attempting to resolve the issues surrounding the Breckenridge development proposal that has
affected the College Creek/Old Ames Middle School Neighborhood. She gave a presentation entitled
“Save the Neighborhood,” which spoke to the quality of life, safety, noise control, walkability,
connectivity, and values of the surrounding neighborhoods. Ms. Pfeiffer is concerned about the
possible density of the neighborhoods, which could result in the possible fleeing of the current
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homeowners, an increased number of rentals in the neighborhood, and deterioration of the
neighborhoods surrounding the development. She asked the Council to reject the proposal.
Warren Madden, Senior Vice-President of Business and Finance for Iowa State University
(University), stated that the University has been involved in conversations about the settlement
proposal. It has not been a party to the settlement negotiations; however, is named as it relates to the
sale of the South Parcel by Breckenridge to Iowa State University. Mr. Madden advised that both
parties have agreed to a purchase price, the Board of Regents had approved the purchase at its last
meeting in June, and the University is prepared to move forward to acquire the South Parcel. He
noted that the University’s Letter of Intent is not contingent upon approval of the Settlement
Agreement. The normal closing transactions still need to occur; however, it is believed that the sale
of the real estate will be complete by August 31, 2015, as outlined in the proposed Settlement
Agreement. Mr. Madden stated the University’s intentions for the South Parcel. The bicycle trail will
remain at its current location. It is the opinion of the University that a small parcel located on the
north side of the Creek would best be added to the Middle Parcel, and if the Settlement Agreement
is approved, the University would have discussions with the City to get that small section added to
whatever the City decides to do on the Middle Parcel. Mr. Madden offered that he believes the
proposal is a reasonable settlement. Iowa State University supports it and is prepared to implement
its piece; however, this is a decision of the City Council. Mr. Madden offered that he is a member of
the CyRide Board of Directors. He noted that one of the issues of development of this area is the
impact on public transit. Speaking personally, he believes that if there is going to be higher density
development, having it on the North Parcel adjacent to Lincoln Way is a better solution than some
of the other alternatives that would have potentially impacted the public transit activity along State
Street.
Sharon Riley, 218 - 14 Street, Ames, advised that she represents member organizations of the Mid-th
Iowa Organizing Strategy (AMOS) group. According to Ms. Riley, there are many Ames families
struggling to afford housing in Ames. It is becoming increasingly difficult for those with limited
resources to find housing in Ames. Many simply cannot afford to live in Ames and are forced to move
to other communities. In Ms. Riley’s opinion, Breckenridge settlement is an opportunity to do
something big for Ames. The Middle Parcel will allow for affordable housing to be located near a
major transit corridor and be walkable to medical clinics, grocery stores, and restaurants. She
supports the City’s purchase of the Middle Parcel for affordable housing and believes it would be a
good use of Community Development Block Grant (CDBG) funds. Ms. Riley urged the Council to
vote yes on the Settlement Proposal as a Smart Choice and provide a way for all people of all income
levels to have a place to call home.
Sue Ravenscroft, 455 Westwood, Ames, noted that the word “compromise” had been used a lot in
the discussions about the Breckenridge development. Ms. Ravenscroft said she sees compromise as
an arrangement where all parties get something and give something up. She does not see the proposal
as a compromise. Neighbors are sacrificing a great deal and getting nothing. Breckenridge gains and
gives up nothing. She agreed that the City badly needs affordable housing; however, it should
promote affordable housing without sacrificing adjacent neighborhoods. Ms. Ravenscroft expressed
concerns over the density of the complexes, which would have no space for buffers for the adjacent
neighborhoods. Another concern of Ms. Ravenscroft is that Breckenridge has provided no drawings
of what the development will look like because they don’t have any. She believes that there certainly
will be traffic problems and that the values of adjacent homes will go down. Ms. Ravenscroft believes
that the Council, if it approves the Settlement Agreement, would be sacrificing the very values that
are placed on public participation and important civil processes. Signing the proposed Settlement
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Agreement sends a message to developers that if they don’t like the City’s process, they should take
the City to court. It encourages developers to threaten court action if they don’t get want they want.
Ms. Ravenscroft urged the Council to follow the goals of the LUPP. In her opinion, Breckenridge has
sacrificed nothing and gained a lot.
Ken Platt, 3614 Woodland Street, Ames, said that all of the pertinent issues that he had have been
raised. The thing that bothers him the most is that the City would be locking itself into an untenable
situation. He reiterated the statistics formerly given about Copper Beech compared to what
Breckenridge is proposing. Mr. Platt believes that the vast majority of students are really great
citizens; however, a small minority create problems. He is very concerned that there will be a
concentration of nearly 500 students on only eight acres and asked what that will do to the residents
who are adjacent to that area. He asked the Council to consider what that will do to the quality of life
for the neighborhoods immediately adjacent to the proposed development and across Lincoln Way
to the neighborhoods on the north side. Mr. Platt does not believe that the proposed Settlement
Agreement is a compromise. He doesn’t want to tie the hands of the community, who would have no
more right to question. Mr. Platt also offered his opinion that, if the project goes through and the City
has not already found a developer for the Middle Parcel, no developer will want to develop it as
affordable housing. Mr. Platt suggested that the City pay Breckenridge for the actual value of its
property without the proposed high-density development. He urged the City Council not to approve
the proposed Settlement Agreement. If no Agreement can be reached, he suggested that the land
remain zoned RL.
Sharon Stewart, 437 Hilltop Road, Ames, said the reason that the City is in this situation is that a
company bought land that was not zoned for the development that it planned with the intention that
it would get what it wanted. When that was not the case, it sued the City; they now use the lawsuit
as leverage. Ms. Stewart believes that the lawsuit does not have a lot of leverage. In Ms. Stewart’s
opinion, having the South Parcel sold to the University is an advantage. If the Settlement Agreement
does not move forward, she sees Breckenridge attempting to pull out of its agreement to do that. She
also said she wonders what will happen if there are future discrepancies between the City and
Breckenridge concerning the South Parcel. She sees the biggest “carrot” of the proposal being the
sale of the Middle Parcel to the City for affordable housing. Ms. Stewart expressed her many
concerns over the North Parcel. One primary concern expressed was that by consolidating all three
parcels on the North Parcel, there is one property owner remaining, and she hopes that appropriate
consideration would be given to that one property owner. Pertaining to the commercial space, she
believes that 15,000 square feet is too small and the language governing it is too vague. She
questioned whether Breckenridge could occupy it or if it would have to rent it to other commercial
entities. It was also asked by Ms. Stewart if the commercial space would have to face Lincoln Way.
She would like the bike trail to be addressed as part of the Settlement Agreement. Ms. Stewart
specifically asked that Tripp Street not be extended, which would greatly increase the amount of
traffic going through the neighborhood. Ms. Stewart raised the issue of the previous behavior of
Breckenridge in violating Code; they have earned her distrust.
Sarah Cady , 2812 Arbor Street, Ames, stated that, in general, she is in favor of the proposal. She sees
it as workable with additional details about the specific development of the Middle Parcel and the
layout of the North Parcel. Pertaining to the Middle Parcel, Ms. Cady said that she is in favor of the
plan for the Middle Parcel; there is a real need for affordable housing in Ames. Regarding the North
Parcel, she is generally supportive of intensification and mixed use along the transit corridors. Ms.
Cady sees it as a better proposal as the previous proposal would have allowed over 500 people on
the Middle and North Parcels without any transit access and with egress only on State Avenue. Ms.
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Cady believes that the traffic concerns can be addressed through traffic-calming measures and
additional signalization. She is concerned about 422 additional residents on the North Parcel, but
thinks it could contribute to the lively environment of Campustown. Ms. Cady said that she has
concerns about additional developments in West Ames as a whole. She is in favor of the bike path
that parallels Lincoln Way; the current shared use path is inadequate and bicycle traffic often conflicts
with vehicular traffic. Ms. Cady believes that it is critical to consider the bike path as part of the
Settlement Agreement and the residential development.
Jason Paull, 3310 Tripp Street, Ames, identified himself as a resident of the College Creek/Old
Middle School Neighborhood. He said that he and his wife purchased their home one and one-half
years ago; it is near the North and Middle Parcels. The proposed Settlement Agreement offers things
that are important to the community, i.e., affordable housing on the Middle Parcel and environmental
protection on the South Parcel. According to Mr. Paull, there are over 200 homeless children in
Ames. The large tract of land comprising the Middle Parcel offers the possibility of reasonably priced
homes that could give children and their families a place to live and continue in the Ames School
District. Additionally, being in a neighborhood that is walkable to commercial areas is good for
families. Mr. Paull asked the Council to vote in favor of the proposal.
Dale VanderSchaaf, 2602 Tyler, Ames, said he was speaking as a representative of AMOS and Story
County Community Housing (SCCH). Mr. VanderSchaaf advised that the SCCH Board voted in
favor of the Settlement Proposal. He acknowledged that it was not an easy task to come to this point.
The proposal does offer a great opportunity to offer affordable housing. Mr. Vanderschaaf noted that
having property available for development of affordable housing has been an impediment. He said
that he can appreciate the concerns that have been expressed. Mr. VanderSchaaf urged the City
Council to support the proposal. He believes that it would be a missed opportunity if it were not
approved and believes that great things can be done for the community on the Middle Parcel.
Victoria Szopinski, 3710 Ross Road, Ames, advised that she had been involved in a lot of
conversations on this topic. She raised three points - predictability, tax abatement being called a
settlement, and citizen involvement - that she did not believe had been adequately addressed. The
Council agreed that neighborhoods deserve predictability. Ms. Szopinski noted that the City and
School District had entered into an agreement in 2007 so that when school property was sold, it would
be zoned low density; that gave neighborhoods predictability. According to Ms. Szopinski, the
research that was done at the time of the lawsuit showed that the City’s action was legal. Szopinski
stated that, as a municipality, the City has an insurance policy where if it goes into a settlement
situation, the insurance policy covers the costs of the lawsuit. In the event that the City were to lose,
the lawsuit is still covered by the insurance policy. Ms. Szopinski does not agree with tax abatement
being offered for high-density development. She sees this as setting a precedent and wants to
understand that a little bit better. Pertaining to citizen participation, Ms. Szopinski noted that this
issue brought together many individuals throughout the community, the detailed research done was
amazing, and the numbers of citizens participating in discussions was impressive. Ms. Szopinski does
not want the Settlement Proposal to be the answer as to why citizens do not get involved in the future.
She said she recognizes that people are tired of this issue, but that is not the reason to settle. Ms.
Szopinski asked the Council to reject the proposal. A lot of time has been spent on this issue, and she
asked that the Council put more time into it.
Fred Bradner, Sunrise Neighborhood Association, Ames, noted that what happens on one side of the
City affects other parts. He noted that predicability for his neighborhood has come through
conversations with Hospital-Medical representatives and the City, through honest intentions of good
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people sitting down and having conversation. Mr. Bradner pointed out that positive things can be
achieved without dirtying up the process. This issue is indeed unique, but what happens this time will
affect the whole city.
Carol Stuve, 218 Hilltop, Ames, said that one issue that had not been addressed was the quality of
work by the Breckenridge Group. She referenced several incidents she found from Web sites,
newspapers, and news reports that showed the quality of Breckenridge’s work is bad. According to
Ms. Stuve, there is actually a lawsuit against Breckenridge pending in Columbia, Missouri. Similar
construction issues in other Breckenridge developments have been reported in other states. Crime is
another issue in Breckenridge developments. Ms. Stuve said there is another lawsuit pending
concerning the promised cap on utility costs, which did not get honored by Breckenridge. Her concern
is lowered property values and even being able to sell her home in the future. Ms. Stuve believed that
Breckenridge will be another case of an absentee landlord and the effects that will come from that.
Brian Torresi, DavisBrown Law Firm, Ames, representing Breckenridge, expressed his assurances
that the Settlement Proposal is definitely a compromise. Mr. Torresi said that Breckenridge has a
legitimate case that the Ames City Council acted unconstitutionally. He pointed out that Breckenridge
had asked for 900 -1000 beds on three parcels. On the North Parcel, there will be 350 beds.
Breckenridge will own three parcels that are already zoned RH. Regardless of what happens with the
Settlement Agreement, Breckenridge will be allowed to build at least 422 beds. According to Mr.
Torresi, Breckenridge does not build commercial space, but it recognized its value to the community,
and it agreed to build the commercial space. In reference to the ten years of a declining tax abatement,
Mr. Torresi pointed out that the property in question has been tax-exempt for years, so the amount
of taxes that will be paid will be a lot more than what it is getting now, which is nothing. He noted
that $550,000 for the Middle Parcel is not even close to its value. It was pointed out that it cost
Breckenridge $700,000 to tear the old Middle School own. Mr. Torresi said that there has been been
three years of public participation in the entire process. He sees the Settlement Agreement as truly
a compromise; there is nothing more for Breckenridge to give. According to Mr. Torresi,
Breckenridge has acted in good faith. It wants to be a good community member. He urged that the
public read the Settlement Agreement, as a lot of the speakers’ concerns are addressed in that
document.
Charlie Vatterott, Aspen Heights, 1301 South Capital Texas Highway, Austin, Texas, stated that there
has been an abundance of public input. This has been a very collaborative effort towards a solution
that works for everyone involved. Mr. Vatterott recognized Sarah Cady for her detailed research on
the proposed development. Pertaining to the concerns about overall density, he said that
Breckenridge currently could build on all three parcels, spread out the development, and lower the
density. According to Mr. Vatterott, Breckenridge is trying to work with the community. One of the
issues was that the community wanted this to be low-density to bring more students into the School
District; it is getting that. The community wanted the South Parcel to go to Iowa State University,
and that is going to happen. Mr. Vatterott said that it has been tough for Breckenridge, and it cannot
give any more. Much of the South Parcel is going to be buffered. He is confident, and he hopes that
the City is confident that it has come to the point that it can make this work.
Lauren Faeth, 321 Hilltop, Ames, said he and his family purchased a home in the then-nice-quiet
neighborhood that was close to the Ames Middle School. Since then, Tripp Street has been opened
up, the Middle School has been torn down, and they are now faced with student rental housing that
will be built next to them. Mr. Faeth referenced comments made by developer Dickson Jensen at a
previous Council meeting as to why this development should not move forward, and he urged the City
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Council to read those comments. In Mr. Faeth’s opinion, Breckenridge should not be trusted; it will
try to twist the language to be in its favor. He does not believe that Breckenridge is operating in good
faith. Mr. Faeth sees any tax abatement for Breckenridge amounting to taking money from citizens
“at gunpoint” to support an out-of-state corporation; that is not a good path to go down. Mr. Faeth
stated that he was told by one of the Council candidates running for office during the last election that
it was the “City’s responsibility to ensure that Breckenridge makes a profit.” He does believe that the
City wants citizen participation, but rather wants its residents to go away so they can take care of their
special interest groups. Others in the City have struggled and the City never offered a tax abatement.
Mr. Faeth urged the City Council to “have a spine” and vote no for the proposed settlement.
Planning and Housing Director Diekmann pointed out that the site plan will address both the
apartment and mixed-use components. The site plan process does not contain any waivers for
procedures. It will include landscape separations, placement of buildings, access points to the site,
all utilities available to the site, parking requirements.
Council Member Goodman noted that this was the first time that Council had taken public input on
the Settlement Agreement. He felt that he had heard issues and concerns at this meeting that had not
been brought out in the past. Mr. Goodman asked legal counsel if specific questions about the
Settlement Agreement should be raised in Closed Session. City Attorney Parks said that if Mr.
Goodman’s questions concerned strategy in the litigation process, they should be asked in a Closed
Session. If his questions involve site plan issues, those could be asked now publicly.
Council Member Orazem acknowledged that the University had come up with a very generous offer
for the South Parcel. With the University coming up with an offer for the South Parcel, the City began
to think of ways to take the Middle Parcel out of the mix. It came up with the possibility of using
CDBG funds and making the land available for affordable housing. The tax abatement was a matter
of taking what the City had offered to other developers in the Campustown area and extending that
offer to the North Parcel as a way to lessen the number of beds and get some commercial use. The
abatement was there specifically because it needed to be made feasible for Breckenridge to consider
parting with roughly 11 acres. The City does not have another tract of 11 acres available for
affordable housing. Mr. Orazem also noted that the offering of tax abatement to developers in similar
situations is not new. Planning and Housing Director Diekmann explained that Council will have
discussions about what the qualifying criteria are for tax abatement.
Council Member Goodman commented that he was in support of the compromise in general;
however, he did not plan for the issues that had come from the public at this meeting. He suggested
that the Council have one more Closed Session to discuss the City’s strategy.
Council Member Gartin said he would like to ask legal counsel a few more questions to see if some
of the issues could be allayed. Specifically, he brought up the issue of more noise complaints and
how it could relieve the police of additional work. City Attorney Parks stated that it did come up at
an earlier meeting, and Chief Cychosz said that the police find it easier to contain those types of issues
when they are in apartment complexes. They would rather see developments built in conventional
apartment housing style rather than spread out over single-family housing.
Addressing the issue of bike paths raised by Council Member Gartin, Director Diekmann said that
the ideas about additional or different bike paths will be part of the Long-Range Transportation Plan
and are being evaluated by the Ames Area Metropolitan Planning Organization. It is not a site plan
issue, and it is unknown how the bike path will be incorporated in the site plan at this time.
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Council Member Gartin asked Mr. Diekmann to address the issue of density, specifically comparing
the proposed Breckenridge development to other recent developments. Director Diekmann stated that
the recent development west of HyVee is more dense; it has 260 beds on four acres. Another
development on South Fourth Street will have 518 beds on eight acres; thus, making it more dense.
Copper Beech is a different style, i.e., townhomes; it is less dense.
Mayor Campbell pointed out that it is possible that the North Parcel will not be able to contain 422
beds. Director Diekmann concurred, stating that the developer is responsible for meet the City’s
development standards; it might not be possible to reach 422 beds.
Council Member Betcher cited her concerns about empty commercial space. She wanted to know
if the criteria for Urban Revitalization require filled commercial space before tax abatement is granted
and if the tax abatement criteria state that the commercial space must be occupied.
Council Member Goodman raised again his concern as to whether some of his questions should be
discussed in Closed Session.
Mayor Campbell suggested that the Council take a recess to allow Council Member Goodman to
confer with legal counsel on his questions.
The meeting recessed at 8:12 p.m. and reconvened at 8:30 p.m.
Moved by Goodman, seconded by Nelson, to table this issue
Vote on motion: 3-3. Voting aye: Betcher, Goodman, Nelson. Voting nay: Corrieri, Gartin, Orazem.
The Mayor voted nay to break the tie. Motion failed.
Moved by Orazem, seconded by Gartin, to adopt RESOLUTION NO. 15-475 approving the
Settlement Proposal between the City of Ames and Breckenridge Group Concerning Land Located
at 321 and 601 South State Avenue and 205 South Wilmoth.
Council Member Gartin asked about Iowa State’s role in purchasing the South Parcel and how it
affects the settlement. City Attorney Parks said the only thing is that the sale of the South Parcel to
the University has to be completed by August 31, 2015. She noted that Iowa State representatives
have stated that it will be completed by that time.
Council Member Goodman commented that, in general, he is a supporter of the Agreement. He noted
that there are some good things that will come out of this, i.e., it allows for intensification of the
Lincoln Way Corridor, it provides land for affordable housing, and the South Parcel will remain as
green space. He said that he hopes to come to a better understanding of the tax abatement. Mr.
Goodman pointed out that there had been almost three years’ worth of conversation on this issue, and
the City had come a long ways since the initial development request; i.e., Breckenridge wanted almost
1,000 beds of rental housing, it will now get up to 422 beds and perhaps not that many depending on
its requirement to follow all Ames building standards.
Council Member Betcher stated her main concern with the Agreement is the extension of the tax
abatement to properties that are currently not part of the North Parcel; specifically, Breckenridge does
not yet own the three smaller lots, and they are not part of the North Parcel. She is not in favor of
incentivizing the purchase of properties that do not need to be purchased and which will leave one
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low-density parcel within a high-density parcel. She likes the idea of mixed use and that the Middle
Parcel would be available for affordable housing.
Council Member Gartin referred to the great amount of collaboration that had occurred to get to this
point. He particularly called out Sharon Guber for the deliberative process that she led citizens
through. Mr. Gartin also publicly thanked Iowa State University for coming to the City’s aid.
Because of the University, the South Parcel will be a beautiful piece of ground into perpetuity. He
also thanked the developer’s attorney and believed that he did act in good faith on behalf of his client.
Mr. Gartin believes the Settlement Agreement is a compromise.
Council Member Corrieri commented that the Settlement Agreement did not represent a perfect deal
where everyone would get what they want. She assured everyone that the concerns of the
neighborhood and the goals of the City were always at the forefront of Council’s discussions in Open
and Closed Sessions.
Council Member Nelson shared his opinion that the Settlement Agreement meets a lot of the goals
of the Council: the South Parcel being retained as green space and buffering the University’s
agricultural operations, the Middle Parcel offering affordable housing, and a lowered number of beds
on the North Parcel.
Roll Call Vote: 4-2. Voting aye: Corrieri, Gartin, Nelson, Orazem. Voting nay: Betcher, Goodman.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
UPDATE ON INDOOR AQUATICS CENTER: City Attorney Steve Schainker provided an update
on the conversations regarding replacing the Municipal Pool with an Indoor Aquatics Center. It has
included discussions with the Ames Community School District as to whether to build one facility
to meet the needs of the School District and community or to build two separate facilities, one to meet
School District needs and one to meet the recreational needs in the community. Mr. Schainker
summarized the three public input sessions that had been held. At the end of each session, attendees
were asked to complete a short questionnaire. He brought the Council’s attention to the results of
those questionnaires. Also pointed out were the results of the 2014 Citizen Satisfaction Survey.
As the next step, City Manager Schainker stated that it is important for the City and School District
to determine if it is in the best interest for all parties to construct a combined or separate facilities. The
School District has been working with an architect to develop information regarding its two pool
options. The City believes it is now time to contract with a consultant to obtain data regarding capital
costs, operating expenses, and revenue projections for various alternatives that serve Ames citizens’
recreational needs. According to Mr. Schainker, City staff intends to contract with Water’s Edge
Aquatic Design, which was the consultant on the Furman Aquatic Center. Funding in the amount of
$9,500 study will come from Municipal Pool CIP funds, which currently has a balance of
approximately $130,000.
Council Member Orazem asked if Iowa State University had been asked to partner in an agreement
for an indoor aquatics center. City Manager Schainker said that might be an option for the School
District to use Iowa State’s facilities.
ANNEXATION OF 5500-240TH STREET: City Planner Charlie Kuester stated that the City has
had a growth strategy that for years had prioritized the Southwest as a desirable area for growth. That
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later changed, in 2011, from a Priority Growth Area to an Allowable Growth Area. Amendments to
the Land Use Policy Plan (LUPP) in 2011 further differentiated Southwest I as an Incentivized
Growth Area, for which the Capital Investment Strategy of the LUPP identified ways in which the
City may contribute to the costs of development.
Mr. Kuester advised that the City had received an Annexation Petition filed on behalf of the Douglass
Rex McCay Trust and the Wanda Chaffin McCay Trust. The acres included in the Petition total 258,
which are located in the Southwest Allowable Growth Area. The McCay property equates to 251.28
acres on the south side of U. S. 30 west of South Dakota Avenue. Because the McCay property
surrounds two other properties, an additional 6.72 acres would need to be annexed in order to avoid
creating an island. John Moore owns one of those properties and Katherine Frame owns the other.
The McCays want to sell their home (located on the south side of 240 Street). A prospective buyerth
wishes to purchase a portion of the McCay property with the existing house, but not the entire
developable area of the parcel. In order for that to occur, Mr. McCay would have to prepare a
subdivision plat for approval by the City. It was explained how this approach differs from most
annexation requests that have been filed in recent years. Although no development is currently
proposed, City staff stated that the costs associated with any necessary rural water territory transfers
would be borne by the property owner. Staff also believes that a waiver of the right to withdraw
would be needed for the annexation to secure the City’s investment in time to proceed with the
process, and Mr. McCay has indicated his willingness to sign such agreements.
After being questioned by Council Member Gartin, Planning and Housing Director Diekmann stated
that, although the properties are located in the Southwest Allowable Growth Area that had once been
identified as a Priority Growth Area, the area currently is not served by City infrastructure and
significant sewer line extensions are needed into the Area. The water service would need to be
extended south under Highway 30 to serve the site in the future. Part of the Area is within the Xenia
service territory and part is within the City’s. The City believes the service provider is unclear; the
City believes that the McCay land is in the City’s service territory, but Xenia disagrees. The City has
water available on the north side of U. S. 30 at several locates that would need to be extended south
under Highway 30 to serve the site in the future.
Council Member Goodman recalled the past issue concerning the sewer line being installed along
Worle Creek. He noted that, in response to concerns expressed by property owners along Worle
Creek regarding potential environmental impacts of a sewer line within the Creek area, the Council
approved a concept for two sanitary sewer lines to be constructed connecting to the southeast near
Dartmoor Lane. In hindsight, he wished he would not have supported that concept. He urged the
other Council members to learn more about what was done in the past.
According to Director Diekmann, typically, when an annexation request is submitted, especially one
this size, the Council has directed City staff to meet with other property owners to gauge their interest
in joining the annexation. Since this area has had a longstanding interest by the City for annexation
for residential development, maximizing the opportunity would be prudent at this time. Mr.
Diekmann believes that the outreach to others in the area could occur in the next six weeks.
Moved by Nelson, seconded by Corrieri, to accept the Petition for Annexation from Doug and Wanda
McCay and direct staff to seek other owners in the Southwest Allowable Growth Area who may wish
to seek annexation.
Vote on Motion: 6-0. Motion declared carried unanimously.
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Moved by Goodman, seconded by Corrieri, to request staff to make available to Council the history
of the sewer extensions and budget along Worle Creek.
Vote on Motion: 6-0. Motion declared carried unanimously.
DEVELOPER’S AGREEMENT FOR DAYTON PARK LLC IN TIF DISTRICT ON SOUTH
BELL AVENUE: The City and Dayton Park, LLC, entered into a Development Agreement on
February 4, 2009, in order to establish an Urban Renewal Area and Tax Increment Finance District
(TIF) for the construction of the Ames Community Development Park, 4 Addition. Thisth
development created 14 lots for industrial development and completed the connection of S. Bell
Avenue between E. Lincoln Way and SE 16 Street. th
Mr. Diekmann outlined the requirements of the developer that were set out in the Development
Agreement. He recalled that one of the requirements, i.e., to build a second speculative building
within 12 months of the occupancy of the first speculative building, was not met. Council approved
an amendment to the Agreement on July 22, 2014, to account for the late completion of the second
building and to require construction of the next required building by December 31, 2014, as a
consideration for accepting the late completion of the second speculative building. The developer
completed the second speculative building last summer and submitted plans for construction of the
third building; however, did not start or complete construction prior to December 31, 2014. The
developer recognizes that he is currently not in compliance with the Development Agreement and has
proposed an amendment to Agreement to change the term for construction of the third speculative
building. The developer has now offered a financial consideration to address the noncompliance as
he works towards construction of the required third speculative building. The offer is that the
developer (1) will make a payment in lieu of taxes this year of $11,340, based upon the minimum
building valuation of $350,000, (2) will create a minimum assessment agreement of $350,000
retroactive to January 1, 2015, for property tax payment in September 2016, and (3) will complete
construction of the third speculative building by December 31, 2015.
It was noted that if the Amendment to the Agreement is accepted by the City Council, each
subsequent speculative building will continue on the original Development Agreement schedule of
requiring an additional speculative building 12 months after the prior building is no longer considered
speculative. There are four lots remaining after construction of the third speculative building to be
completed as potential speculative building sites.
Options available to the City Council were defined by Director Diekmann.
Council Member Goodman asked to know the value of the building that the developer has to have
completed by December 31, 2015. Director Diekmann stated that it was probably in the $1,000,000
range.
Council Member Goodman said it was his opinion that the developer is waiting on its investment
until they have someone to buy the building; thus, he feels that the City is shouldering the burden.
Council Member Betcher stated her agreement with Mr. Goodman’s statement. She thought the
City’s goal was to have an empty building waiting for when someone needs the space. This seems
to be a conflict between the City’s definition of a spec building and what the developer is doing.
Chuck Winkleblack, Hunziker and Associates, 105 S. 16 Street, Ames, explained that two parcelsth
were combined and he had been working with staff to build on Lot 1. Then the whole thing fell apart.
17
As soon as he found out that the proposed tenant was not coming, he started working with staff to
reconfigure the shell of the building since he does not know what will want to go in there. Mr.
Winkleblack said it is not his intent to have a contract signed before the building is built; there is a
definite need for buildings to be ready when the need arises.
Council Member Gartin said this was a difficult issue for him. He is sympathetic to the situation as
described by Hunziker & Associates, but he is wanting to uphold the City’s agreement.
Moved by Goodman, seconded by Corrieri, to accept the developer’s offer of $11,340 as a payment
of taxes in lieu of tax, to create a minimum assessment district, and to complete the third building by
December 31, 2015, and direct staff to prepare an amendment to the Development Agreement to be
signed by the developer.
Roll Call Vote: 6-0. Motion declared carried unanimously.
STAFF REPORT ON DEER MANAGEMENT: Chief Chuck Cychosz commented that an aerial
count of deer is generally conducted by the Department of Natural Resources under a cost-sharing
arrangement with the City. This was the first year that there had not been an aerial survey.
Appropriate aircraft was not available on days with weather suitable for the count. Densities
exceeding 30 deer/square mile are generally thought to be the most likely to have human/deer conflict
at a level where intervention is warranted. According to Chief Cychosz, there has been a shift in
recent years where the higher concentrations of deer are now in West Ames.
According to Chief Cychosz, last year, hunting was allowed on private property if there were three
or more acres available and hunting was supported by adjacent property owners. Because of the broad
array of views in the community, the special Urban Deer Task Force had proposed that two classes
of private property hunts be created: [1] hunts on wooded or agricultural tracts (reviewed by the
Police Department and approved if the property meets the program criteria, and [2] residential
locations reviewed by the Police Department and publicized in a manner that would seek additional
input from other residents in the neighborhood. Chief Cychosz advised that there were a couple of
private wooded/agricultural tracts approved for hunting, but there were no residential properties
approved for hunting last year. During 2014, there were 34 tags purchased. The Urban Deer Task
Force did not meet this year since there was no aerial deer count to consider. Information regarding
collisions and hunter activity was shared by e-mail and Task Force participants were invited to vote
on five items continuing the status quo. The Council was told by Chief Cychosz that comments from
the Task Force members continue to illustrate the broad range of public attitudes toward deer and deer
hunting. The recommendations and votes of the Task Force members were shared by Chief Cychosz.
A majority of the Task Force members supported the continuation of hunting in designated City
locations.
Chief Cychosz shared the staff’s recommendations for locations, dates, and times for deer hunting
in the non-park/public areas, park land areas, and private property areas. He also stated that the Iowa
Department of Natural Resources (Iowa DNR), Special Urban Deer Task Force, Parks and Recreation
Commission,s taff members within parks and Recreation, the Police Department, and Animal Control
support the continuation of the Urban Deer Management Ordinance and rules.
At the inquiry of Council Member Orazem, Chief Cychosz stated that 48 deer were killed in collisions
with automobiles. There were 12 harvested through the Deer Management Program.
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Moved by Goodman, seconded by Corrieri, to approve bow hunting within the Non-Park/Public
Areas, Parkland Areas, and Private Property Areas as recommended by staff.
Vote on Motion: 6-0. Motion declared carried unanimously.
FAA GRANT FOR AIRPORT TERMINAL BUILDING PROJECT SITE WORK: Traffic
Engineer Damion Pregitzer gave a brief overview of this issue. On June 23, 2015, the City received
bids for the site work portion of the project. The low bidder came in with a bid of $772,299.10, and
staff used that bid to file the required grant application paperwork with the Federal Aviation
Administration (FAA) for the City’s $450,000 in federal entitlement funds. The FAA Central Region
staff in Kansas City reviewed the application, provided concurrence of the receipt of bids, and
approved the entitlement funds for this fiscal year. The site work bid came in $202,000 over the latest
project estimate. In addition, the most recent estimate for the Terminal construction project reflects
a need for $547,500 more than anticipated. As a result, the City and Iowa State University have
agreed to each contribute an additional $250,000 along with a commitment to reduce the size of the
Terminal to yield the remaining $250,000 of needed savings to finance the site work and Terminal
construction. Mr. Pregitzer reminded the Council that this information initially came before the City
Council on July 14, 2015. At that meeting, the Council had directed that the City and Iowa State
University share in funding the additional $749,500 and that staff look for ways to possibly reduce
the size of the Terminal Building. According to Mr. Pregitzer, the City has until August 16, 2015,
to decide on awarding the bid to the low bidder for the site work project; however, approval of the
Grant and submittal to the FAA is required by July 31, 2015, in order to receive the federal funds in
this fiscal year. Approving the Grant at this time will ensure that federal funds will be available for
the site work should Council later choose to award this bid. The approval will also facilitate the
private sector beginning hangar construction this year. Rejecting the grant will result in the funds not
being available until next fiscal year and would result in a delay in the completion of the site work
along with the corresponding construction of the hangar by the private sector by approximately one
year.
City Manager Schainker emphasized that should the City use the federal grant funds, the FAA would
then expect continued progress towards design and construction of a new terminal building where the
site work was performed. The building would need to at least provide space for minimum services
including FBO office space, a lobby area, and a line crew facility.
Moved by Nelson, seconded by Orazem, to approve the FAA grant for Phase 1 (site work only) of
the airport Terminal Building project.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING FOR 2014/15 DOWNTOWN STREET PAVEMENT IMPROVEMENTS: Mayor
Campbell opened the public hearing. There was no one wishing to speak, and the Mayor closed the
hearing.
Moved by Goodman, seconded by Nelson, to adopt RESOLUTION NO. 15-477 approving final plans
and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of
$1,206,258.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
HEARING FOR 2014/15 SANITARY SEWER REHABILITATION (MANHOLE
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REHABILITATION - BASINS 1 & 5): The public hearing was opened by the Mayor. She closed
same after no one came forward to speak.
Moved by Nelson, seconded by Gartin, to adopt RESOLUTION NO. 15-478 approving final plans
and specifications and awarding a contract to Save Our Sewers, Inc., of Cedar Rapids, Iowa, in the
amount of $1,622,502.06.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
HEARING FOR CONTROL ROOM INSTALLATION GENERAL WORK CONTRACT FOR
POWER PLANT: The Mayor opened the Public Hearing. No one asked to speak, and the hearing
was closed.
Electric Services Director Kom told the Council that no bids were received. Contact has been made
with 11 different vendors in an attempt to find out why none of them bid the project.
Moved by Goodman, seconded by Nelson, to accept the report of no bids and direct staff to re-bid at
a later date.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING FOR MECHANICAL INSTALLATION GENERAL WORK CONTRACT FOR
POWER PLANT: The Public Hearing was opened by Mayor Campbell. The hearing was closed
after no one requested to speak.
Moved by Corrieri, seconded by Nelson, to accept the report of bids and delay award of the contract.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTIES AT 519, 525, AND 601 - 6 STREET: MayorTH
Campbell opened the public hearing. No one asked to speak, and the hearing was closed.
Moved by Corrieri, seconded by Goodman, to pass on first reading an ordinance rezoning properties
at 519, 525, and 601-6 Street from Residential Medium Density (RM) with Single-Familyth
Conservation Overlay District (O-SFC) to Residential Medium Density (RM).
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON REZONING WITH MASTER PLAN OF PROPERTY AT 5400 GRANT
AVENUE: Justin Dodge, Hunziker & Associates, 105 S. 16 Street, Ames, expressed excitementth
about this project. He said that this property overlooks Ada Hayden, and there has been tremendous
interest expressed. His one concern is that one developer would be responsible for the left-turn lane.
All its competitors who have developed property or will develop property in the area would not be
required to contribute toward that improvement.
Moved by Corrieri, seconded by Nelson, to pass on first reading an ordinance rezoning property at
5400 Grant Avenue from Agricultural (A) to Suburban Residential Low Density (FS-RL) contingent
upon a signed Rezoning Agreement prior to the third reading of the Ordinance.
Roll Call Vote: 5-1. Voting aye: Betcher, Corrieri, Gartin, Nelson, Orazem. Voting nay: Goodman
Motion declared carried.
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It was noted by City Manager Schainker that development of the site will require approval of a
Conservation Subdivision subsequent to approval of the rezoning request.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 15-479 to require a signed
Rezoning Agreement with conditions of:
1.Developer is responsible for frontage and intersection access improvements at time of subdivision
2.A single pedestrian access be provided from Hayden’s Crossing into Ada Hayden Heritage Park
at the location shown on the Master Plan
3.A minimum of a 30-foot wide buffer of undevelopable open space be established between
Hayden’s Crossing and the City-owned park land to the east and south.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING A ZONING TEXT AMENDMENT TO CHAPTER 29 TO CREATE
THE RESEARCH PARK AND INNOVATION ZONING DISTRICT: Moved by Nelson,
seconded by Gartin, to pass on second reading an ordinance making a Zoning Text Amendment to
Chapter 29 to create the Research Park and Innovation Zoning District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING CHAPTER 5 PERTAINING TO INFRASTRUCTURE
IMPROVEMENTS: Moved by Goodman, seconded by Corrieri, to pass on second reading an
ordinance revising Chapter 5 pertaining to infrastructure improvements.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING CHAPTER 22 PERTIANING TO INFRASTRUCTURE
IMPROVEMENTS: Moved by Goodman, seconded by Corrieri, to pass on second reading an
ordinance revising Chapter 22 pertaining to infrastructure improvements.
Roll Call Vote: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Moved by Corrieri, seconded by Gartin, to refer to staff the letter from
Chuck Winkleblack asking that staff be directed to initiate a Minor Amendment to the Land Use
Policy Plan for a piece of land on the southern edge to town (formerly known as the Reyes property).
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Orazem, seconded by Gartin, to ask the Mayor to write a letter of support at the request of
David Fisher supporting that the FAA raise the fee that they charge for every ticket from $4.50 to
$8.50 with the funds being used to help the Des Moines Airport.
Mayor Campbell indicated that she would share the letter with the City Council. It was noted that
there are no City funds being requested.
Vote on Motion: 6-0. Motion declared carried unanimously.
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Moved by Goodman, seconded by Corrieri, to refer to staff the requests of Asa Wentzel-Fisher and
Linda Jansen to name the Skate Park in memory of Georgia Tsushima, an Ames High School alumnus
and skateboarder.
It was noted that Ms. Jansen also requested that helmets be made mandatory at the Skate Park.
Vote on Motion: 6-0. Motion declared carried unanimously.
Ex officio Council Member Schulte commented that, in light of the comments made about students
during the Breckenridge discussion, he looks forward to fostering relationships between students and
the developers.
ADJOURNMENT: Moved by Goodman, seconded by Corrieri, to adjourn the meeting at 9:44 p.m.
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Diane R. Voss, City Clerk Ann H. Campbell, Mayor