HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 04/08/2014 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA APRIL 8, 2014
The Regular Meeting of the Ames City Council was called to order at 7:00 p.m. on April 8, 2014, in the
City Council Chambers in City Hall, 515 Clark Avenue p u rsu an t to law w ith M ayo r A n n C am p b ell
presiding and the follow ing C ity C ou ncil m em bers p resent: G loria B etcher, A m ber C orrieri, M atthew
Goodm an, Ch ris Nels on , and P e te r Orazem. T im Gartin a rrived a t 7 :03 p .m. Ex offic io M e m b er
A lex an d ria H arv ey w as also p resen t.
PROCLAMATION FOR ADMINISTRATIVE PROFESSIONALS WEEK: April 20-26, 2014, was
proclaimed as Administrative Professionals Week by the Mayor. On behalf of the Ames Chapter
of the Iowa Association of Administrative Professionals, Micci Gillespie and Sally Houser accepted
the Proclamation.
PROCLAMATION FOR FAIR HOUSING MONTH: Mayor Campbell proclaimed April as Fair
Housing Month. Accepting the Proclamation were Steve Eggleston, Director of the Housing and
Urban Development (HUD) Iowa Field Office; Kris Brend, Central Iowa Board of Realtors; Cindy
Jorgensen, Professional Property Management, representing Ames’ landlords; and Devita Harden,
a member of the Ames Human Relations Commission. Mr. Eggleston said that his office is
responsible for enforcement, education, and outreach efforts; however, it could not do that without
local Civil Rights Commissions or communities such as Ames.
Several of the children who had participated in the Fair Housing Month Poster Contest were present.
City Housing Coordinator Vanessa Baker-Latimer announced the 1 , 2 , and 3 place winners (fromstndrd
over 40 entries) in this, the first annual, Contest for youth in 3 through 8 grades. She. All of therdth
participants’ artwork will be displayed on the first floor of City Hall during the month of April.
Mayor Campbell announced that the City Council would be working off of an Amended Agenda.
Added was an item for the Library pertaining to its staffing levels.
CONSENT AGENDA: Council Member Betcher asked to pull Item No. 6c from the Consent Agenda
(Liquor License renewal for Dangerous Curves) for separate discussion.
Moved by Nelson, seconded by Goodman, to approve the following items on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving Minutes of Regular Meeting of March 25, 2014, and Special Meetings of March
18, 2014, and April 1, 2014
3.M otion approving Report of Contract Change O rders for M ar ch 1 6-31, 20 14
4.Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a.Special Class C Liquor – India Palace, 120 Hayward Avenue
b.Class E Liquor, C Beer, & B Wine – Dahl’s Foods, 3121 Grand Avenue
c.Class C Liquor & Outdoor Service – Brick City Grill, 2704 Stange Road
d.Class C Liquor w/ Outdoor Service – Cyclone Experience Network, Hilton Coliseum
5.RESOLUTION NO. 14-163 setting date of hearing for April 22, 2014, for vacation of Open Space
Easement and Storm Water Flowage Easement at 3910 Maricopa Drive
6.RESOLUTION NO. 14-164 approving updated Affirmative Action Compliance Plan
7.RESOLUTION NO. 14-165 approving contract and bond for 2013/14 Downtown Pavement
Improvements (5 Street - Duff Avenue to Burnett Avenue)th
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8.RESOLUTION NO. 14-166 approving contract and bond for Furnishing of 15kV Outdoor Metalclad
Switchgear and 69kV Control Panels for Ames Plant Distribution Substation
9.RESOLUTION NO. 14-167 approving Change Order with Alstom Power, Inc., for Repairs to Unit
No. 8 Boiler Tubes in the amount of $11,445.61
10.RESOLUTION NO. 14-168 approving Plat of Survey for 2200 Hamilton Drive
11.RESOLUTION NO. 14-169 approving Plat of Survey for 138 and142 Hyland Avenue
12.RESOLUTION NO. 14-170 approving Plat of Survey for 3521 Jewel Drive
13.RESOLUTION NO. 14-171 approving Final Plat for Sunset Ridge Subdivision, 5 Addition Rollth
Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by the Mayor,
and hereby made a portion of these Minutes.
CLASS C LIQUOR LICENSE RENEWAL FOR DANGEROUS CURVES: Council Member
Betcher said that she had asked that this item be pulled from the Consent Agenda for separate
discussion after noting the number of violations that had been issued to Dangerous Curves. Police
Chief Chuck Cychosz brought the Council members’ attention to the details contained in the memo
distributed to them as part of their meeting packet. He advised that officers check the premises in
question as part of their regular bar patrol. Five lap dance violations and been issued (four to
entertainers employed by the establishment and one to a customer). City Attorney Judy Parks said
that some violations of the City’s Prohibited Touching Ordinance had occurred. Those cases resulted
in convictions; however, the bar has appealed the validity of the City’s Ordinance. The appeal is
pending; therefore, the Ordinance on the books is valid. At the inquiry of Council Member Gartin,
Ms. Parks advised that those types of violations (those other than for liquor violations) may be
considered when a renewal of a Liquor License is requested, as any violations do tap the resources
of the Policy Department and other departments. According to Ms. Parks, the violation numbers at
this type of establishment are not so far out of line from other establishments over a year’s time;
however, the type of entertainment occurring at Dangerous Curves is not going on in any other
establishment.
Moved by Goodman, seconded by Orazem, to approve renewal of the Class C Liquor License for
Dangerous Curves, 111-5th Street.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC FORUM: No one came forward to speak, and Mayor Campbell closed Public Forum.
FRANCHISE UPDATE FROM ALLIANT ENERGY: Annette Renaud, Account Manager for
Alliant Energy, distributed a copy of Alliant’s Annual Report for 2013 to the Mayor and City
Council. She provided the highlights of the Report, noting that Alliant is an employer and a taxpayer
in the City. Ms. Renaud reported that Alliant’s natural gas infrastructure investment last year was
$667,000, and it will increase in 2014.
2013/14 AMES ANNUAL OUTDOOR SCULPTURE EXHIBITION SELECTIONS (AAOSE):
Heather Johnson, member of the Public Art Commission, informed the City Council that the
Commission had received a record number of submissions (70 entries by 33 artists from 14 states,
including two countries). The entries were evaluated by a jury of three Ames residents, who selected
five sculptures as their top choices along with four alternates, if availability or other issues prevent
installation of one or more of the top selections. Installation of the exhibits will be coordinated
through the City Manager’s Office and will occur during late April and early May.
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The sculptures shown and described by Ms. Johnson were as follows:
1.“Life,” by Zach Bowman
2.“Solitary Nomad,” by Skip Willits
3.“Help Another,” by James Bearden
4.“Wings of Change II,” by Holde Debruyne
5.“Industrial Revolution II,” by John Brommel
The four alternates were shown and described, as follows:
1.“Thrust from the Earth,” by Steve W. Huffman
2.“Point Defiance,” by Beth Nybeck
3.“Everything,” by Nathan Pierce
4.“Words/Action,” by Leslie Burning
Moved by Betcher, seconded by Goodman, to approve RESOLUTION NO. 14-172 approving the
2 0 1 3 /14 A m es A n n u al O u tdo o r S cu lptu re E x h ibition selec tio n s, as reco m m en d ed b y the P u b lic A rt
Comm iss ion.
Roll Call Vote: 6-0. Re solution de c la red adopte d unanimous ly, s igne d by the M ayor, and he reby
m ade a po rtion of these M inu tes.
5-DAY CLASS C L I QUO R LICENS E F OR O LDE M AIN BREW ING CO M P ANY: M oved by
Goodman, seconded by Ora z e m, to approve a 5-da y Cl a ss C Liquor Licens e for Olde M a in Brewi ng
C o m p an y at IS U A lum n i C en ter.
Vote on Motion: 6-0. Motion declared carried unanimously.
6-MONTH CLASS B BEER & B NATIVE WINE PERMIT WITH OUTDOOR SERVICE FOR
AMES JAYCEES AT BANDSHELL PARK: Moved by Goodman, seconded by Corrieri, to approve
a 6-Month Class B Beer & B Native Wine Permit with Outdoor Service for Ames Jaycees at
Bandshell Park.
Vote on Motion: 6-0. Motion declared carried unanimously.
OUTDOOR SERVICE PRIVILEGE FOR CHARLIE YOKE’S: Chief Cychosz introduced
Lieutenant Jeff Brinkley as the officer who oversees the bar checks. Lieutenant Brinkley expressed
concerns about adding an Outdoor Service privilege to Charlie Yoke’s at 2518 Lincoln Way. He
reported on the violations that had occurred at this establishment in the past few weeks. Lieutenant
Brinkley reminded the Council members that, on January 28, 2014, they had approved a 6-Month Liquor
License for Charlie Yoke’s. Only nine weeks have elapsed, and there have been eight additional
violations at that establishment. Two were called in by bar employees, which do not count against the
bar. However, there have been five more on-premises citations, and an employee was charged with
allowing under-age persons onto the premises. According to Lieutenant Brinkley, the Police Department
is not recommending approval of the Outdoor Service privilege for Charlie Yoke’s. Lieutenant Brinkley
stated that an Outdoor Service area would be an additional challenge to the establishment, i.e., to try to
keep minors out when they are already struggling with that.
Council Member Goodman asked Lieutenant Brinkley if he thought there were physical
improvements that could be made to the Service area that could make it less-challenging for the bar.
Lieutenant Brinkley said the Police Department would like to see the railing system be a couple feet
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higher with a trellis-type topper above that as well as installing a gate where an employee would be
stationed to prevent people from being allowed in the back gate.
At the inquiry of Council Member Orazem, Assistant City Attorney Jessica Spoden explained that
the Outdoor Service Area is an additional privilege to an existing license, not a separate license. She
said that if the Outdoor Service Area were to be approved at this meeting, it would run concurrently
with the liquor license.
Council Member Gartin, noting that extensive conversation had occurred in January about this same
location, asked Lieutenant Brinkley if the bar owner/manager appeared to get the message that
Council attempted to send when it approved a 6-Month License, instead of a 12-Month License.
Lieutenant Brinkley replied that he felt the management of the bar had realized the message, but he
did not know if the ownership was completely on board. Currently, the establishment is showing
a pattern of non-compliance in certain areas.
Council Member Orazem noted that this bar had recently moved to a new location and asked if that
had any bearing on the number of violations. Lieutenant Brinkley answered that the establishment’s
compliance should be easier at the new location as they are not running a kitchen there. There is
no under-21 business at this bar since it moved from its former location. The Police Department has
not seen a change in the non-compliance pattern in the new location since coming before the City
Council nine weeks ago.
Jason Crimmins identified himself as the owner of Charlie Yoke’s, 2518 Lincoln Way. Mr.
Crimmins alleged that the number of violations that had been issued to Charlie Yoke’s in the first
quarter of this year were not significantly more than other establishments. He acknowledged that
when the 6-Month License was issued, the number of violations at Charlie Yoke’s was significantly
higher than other violations; however, that has not been the case in the last nine weeks. Mr.
Crimmins alleged that Charlie Yoke’s was being held to a higher standard.
Council Member Gartin pointed out that the Police Department has made it clear that it is strongly
opposed to the granting of an Outdoor Service Area privilege. He asked why the Council should not
defer to the officers who have to enforce the regulations. Mr. Crimmins said that he then expects that
an Outdoor Service Area or Liquor License not be granted to any other establishment that had
violations in the same time period. Mr. Gartin then asked Mr. Crimmins to explain why the Police
Department was wrong in its recommendation. Mr. Crimmins said it was because it was being based
on a “difficulty to control” while, at this meeting, the City Council had granted an Outdoor Service
Area to an establishment “that has a chain hanging on a public right-of-way.” According to Mr.
Crimmins, Charlie Yoke’s has a 5'8" high barrier surrounding its patio; yet that establishment has
no barriers. Mr. Crimmins said that his bar is running in a similar manner like all other bars in
Campustown.
Mr. Gartin said that he wants Mr. Crimmins’ business to be successful, and the Police Department
wants the establishment to be in compliance with the regulations.
Concerning the allegation made by Mr. Crimmins that Charlie Yoke’s was being held to a higher
standard, Lieutenant Brinkley replied that there is a continual failure to comply with regulations on
the part of Charlie Yoke’s. He specifically referenced an incident that occurred on March 15, 2014,
when two minors were found on the premises who had been let into the establishment by an
employee. Lieutenant Brinkley noted that no one wanted to be held accountable for what was
occurring at the bar that night; there is a continuing failure to comply with the expectations the
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Police Department has in the owner to “own” the violations and then taking appropriate steps to
correct them.
Council Member Gartin asked if there was a way that the Police Department could be supportive
of an Outdoor Service Area if the layout could be redesigned. Lieutenant Brinkley advised that
there should be at least six feet of barrier measured from the parking lot (not from the floor of the
patio) and some sort of physical door that is staffed keep under-age people from entering the
premises.
Council Member Gartin asked what would happen if the application was denied tonight. Assistant
City Attorney Spoden advised that Charlie Yoke’s would have the right to appeal to the Alcoholic
Beverages Division and they also have the right to come back to the Council at a future meeting. Mr.
Gartin suggested that Charlie Yoke’s be given an opportunity to work with the Police Department
to come up with a satisfactory structural design. Ms. Spoden told the Council that it also had the
right to approve the Outdoor Service Area with whatever conditions it felt were necessary.
Moved by Gartin, seconded by Goodman, to approve the Outdoor Service Area contingent upon the
Ames Police Department approving the plans for the layout of the Outdoor Service Area.
Council Member Orazem indicated that he saw two issues: design and performance. He indicated
that he was not comfortable approving the additional privilege at this point because of the number
of violations. According to Mr. Orazem, the current Liquor License doesn’t expire until August
2014, so the bar has some time to get a decent record of compliance going. If that would be the case
in August, and a design of the Area could be agreed upon, the bar would have a chance to get
approval at that time.
Mr. Crimmins reiterated that he was aware he only had a 6-Month License, so in essence, he was
on probation, and that would be up for debate in August when he seeks renewal of the Liquor
License. He said that he was asking now to sell alcohol on one part of his property versus another,
and he believed that was governed by the Inspections Division. Mr. Crimmins stated that he would
be willing to work with anyone from the Police Department if he/she had suggestions, but he did not
understand how he would be required to have a six-foot fence when other establishments are
allowed to serve on the sidewalk. Mayor Campbell reminded Mr. Crimmins that he was asking for
an additional privilege while his bar was on probation.
Council Member Betcher asked to know the relationship between the Building Code and the
privilege in this case. Ms. Spoden noted that the Inspections Division had signed off; however had
some additional requirements that they wanted to see installed. Inspections wanted to make a final
inspection prior to any approval being sent to the State. She again told the Council that it was in the
City’s discretion to approve or deny the additional privilege. Ms. Spoden noted that there had been
approvals made with conditions in the past.
Lieutenant Brinkley reported that the Police Department believes that the employee involvement
in some of the violations sets this apart from what the Department had seen in other establishments.
Vote on Motion: 2-4. Voting aye: Gartin, Goodman. Voting nay: Betcher, Corrieri, Nelson, Orazem.
Motion failed.
Seanna Perkins, Building Official, advised that an inspector had visited the area outside of the
building proper today. That inspector had noted handrail and guardrail issues. Ms. Perkins advised
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that the Building Code only applies for commercial occupancy of the space. Ms. Spoden added that
the City currently does not have an Outdoor Service Area ordinance.
REQUEST FROM IOWA STATE UNIVERSITY STUDENT SOCIETY OF LANDSCAPE
ARCHITECTS FOR WAIVER OF PARKING METER FEES FOR SPACE 50 ON
CHAMBERLAIN STREET: Nicholas Gulick and Devan Clark, Vice-President and President,
respectively, of the Student Society of Landscape Architects (SSLA) at Iowa State University requested
suspension of parking regulations and enforcement in one metered space on Chamberlain Street to
install a “parklet” to be on display from April 24 through August 30, 2014. Students will be maintaining
the space over the summer months.
Moved by Gartin, seconded by Orazem, to adopt RESOLUTION NO. 14-173 approving the request
from Iowa State University Student Society of Landscape Architects for waiver of parking meter
fees for Space 50 on Chamberlain Street from April 24 - August 30, 2014, for demonstration of a
“parklet.”
Roll Call Vote: 6-0. Re solution de c la red adopte d un animously, signed b y the M ayor, and he reby
m ade a po rtion of these M inu tes.
REQUESTS FROM AMES CHAMBER OF COMMERCE FOR AMES MAIN STREET
FARMERS’ MARKET: LoJean Petersen, 304 Main Street, Ames, Manager of the Ames Main Street
Farmers’ Market, requested the Council to waive the parking meter fees for the 300 and 400 blocks
and a portion of Burnett Avenue. She noted that that the Market’s budget is extremely tight and the
payment of $1,800 in parking fees would greatly impact its operations. According to Ms. Petersen,
the Market is totally funded by sponsorships and fees. She listed many of the expenses that are
associated with Market operations.
At the inquiry of Council Member Gartin, Ms. Petersen advised that between 2,200 and 2,500 people
attend the Market. They have had occasions when upwards of 4,000 had attended. Ms. Petersen
stated that she had obtained 74% approval from the Main Street Cultural District business owners.
It was noted that the Market coordinators had also requested a waiver of parking meter fees for the
300 and 400 Blocks and a portion of Burnett Avenue. A total of 77 parking spaces would be closed
each day of the Market, which would result in an estimated potential loss of revenue to the Parking
Fund in the amount of $1,800.
Assistant City Manager Bob Kindred reported that, in previous years, the City Council has required
reimbursement for lost parking meter revenue because the Market is a recurring event using public
space to benefit for-profit vendors, and to waive those costs completely may set a difficult
precedent. According to Mr. Kindred, the 2013 Market closures cost $455, but due to the location
being expanded and the duration being longer, the costs would be much greater. City staff believes
that on a typical Saturday, only 80% of the parking spaces may be filled, so the actual revenue loss
may be $1,440.
Council Member Goodman offered his opinion that the Ames Market is in its beginning stages. He
noted the community’s desire to have the Market. Mr. Goodman suggested that a policy be set to
waive fees for a period of three years and then revisit it. Council Member Betcher noted that the
Market had paid fees in the past, albeit not as large as what is anticipated for this year. She pointed
out that the Market is being expanded this year, with more vendors, and she did not believe that no
parking fees should be reimbursed. She recommended that some configuration of fee be established.
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Moved by Goodman, seconded by Nelson, to approve the following requests from Ames Chamber
of Commerce for Ames Main Street Farmers’ Market from May 3 to October 25, as follows:
1.RESOLUTION NO. 14-174 approving closure of 300 and 400 blocks of Main Street, and
Burnett Avenue from Main Street north to the alley, from 5:30 a.m. to 1:30 p.m.
2.Motion approving Blanket Temporary Obstruction Permit and Blanket Vending License
3.RESOLUTION NO. 14-175 approving waiver of fee for blanket Vending License
4.RESOLUTION NO. 14-176 approving request to waive parking enforcement in CBD Lots X
and Y during the Market
Moved by Goodman, seconded by Nelson, to adopt Resolution No. 14-177 to require the Farmers
Market to pay $900 in parking meter fees in the 300 and 400 Blocks of Main Street and a portion
of Burnett Avenue and electric usage fees.
Roll Call Vote: 4-2. Voting aye: Betcher, Gartin, Goodman, Orazem. Voting nay: Corrieri, Nelson.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
FIREWORKS PERMIT FOR RESIDENCE HALL WEEK ON CENTRAL CAMPUS: Moved
by Goodman, seconded by Betcher, to approve a Fireworks Permit for a ground effects fireworks
shoot for Residence Hall Week on Central Campus at 11:59 p.m. on April 26, 2014 (with a rain date
of May 3, 2014).
Vote on Motion: 6-0. Motion declared carried unanimously.
CY STATUE AGREEMENT WITH AMES CHAMBER OF COMMERCE: Operations Manager
Corey Mellies reminded the Council that, at its February 25, 2014, meeting, direction was given for
staff to prepare an agreement with the Chamber of Commerce to allow placement of the Cy statues
on City property. Mr. Mellies added that the only responsibilities of the City are to work with the
Public Art Commission and coordinate locations for the statues. The Chamber of Commerce will
be providing the necessary liability insurance.
Moved by Gartin, seconded by Orazem, to adopt RESOLUTION NO. 14-178 approving the Cy
Statue Agreement with the Ames Chamber of Commerce.
Roll Call V ote : 6-0. Res olution declare d adopted u na nimously, signed b y the M ayor, and he reby
m ade a po rtion of these M inu tes.
HEARING TO ESTABLISH WATER CONNECTION FEE DISTRICT WITH RESPECT TO
CERTAIN PROPERTIES IN NORTHERN GROWTH AREA: Mayor Campbell opened the public
hearing. There was no one who wished to speak, and the hearing was closed.
Civil Engineer Eric Cowles summarized that there would be three Sanitary Sewer Connection
Districts with separate fees per acre. There is one Water Connection District being established. The
costs have been based off of the utility construction projects that Council approved preliminary plans
and specifications for at its last meeting. The bids will be read on April 16, 2014, with the results
reported to the Council at its meeting of April 22, 2014.
Moved by Nelson, seconded by Orazem, to pass on first reading an ordinance establishing a Water
connection Fee District with respect to certain properties in the Northern Growth Area.
Council Member Orazem asked if any existing property owners had responded positively to the
City’s offer of special inducement to hook up. Mr. Cowles said the City had not gotten any buy-in
with the exception of the properties to the north (the Frames). Assistant City Manager Bob Kindred
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reported that there was still discussion occurring between City staff and property owners. Their final
opportunity to avail themselves of that opportunity will take place when the Hunziker South
Annexation occurs. According to Mr. Cowles, by Iowa Code, if you are within 200 feet of a
municipal utility and the septic system fails, the property owner would be required to hook up to the
City’s main.
R o ll C all V o te: 6 -0 . M o tio n declare d carried u n a n im o u sly.
HEARI NG TO ES TABLI S H SA N ITARY SEW ER CONNECTION FEE DIS TRI CT W ITH
RES P ECT TO CERTA I N P ROPERTIES IN NORTH ERN GRO W TH AREA: T he M ayor op ened
the public hea ring and clos e d sa me after there wa s no one wis hing to speak.
M o v ed b y O razem , s eco n d ed b y N elso n , to p ass o n first rea d ing a n ordin an ce es tab lish ing a Sa n itary
Sew er C on nection Fee D i str i ct w i t h respect to cer t ain p r op erties in the N orthern G row t h A rea.
R o ll C all V o te: 6 -0 . M o tio n d e c la red ca rrie d un an im o u s ly.
HEARING ON NUISANCE ASSESSMENTS: The public hearing was opened by Mayor Campbell.
She closed the hearing as there was no one who asked to speak.
Moved by Orazem, seconded by Goodman, to adopt RESOLUTION NO. 14-179 assessing the costs
of mowing and snow/ice removal and certifying assessments to Story County Treasurer.
Roll Call Vote: 6-0. Re solution de c la red adopte d unanimous ly, s igne d by the M ayor, and he reby
m ade a po rtion of these M inu tes.
HEARING ON VACATION AND RELOCATION OF PEDESTRIAN EASEMENT FOR
SUNSET RIDGE,4 ADDITION: Mayor Campbell opened the public hearing and closed it afterTH
no one came forward to speak.
Moved by Orazem, seconded by Nelson, to adopt RESOLUTION NO. 14-180 approving vacation
of a Pedestrian Easement located in Sunset Ridge, 4 Addition.th
Roll Call Vote: 6-0. Re solution de c la red adopte d unanimous ly, s igne d b y the M ayor, and he reby
m ade a po rtion of these M inu tes.
PRO CE SS FO R BR EC K EN RIDG E DE V EL O PM EN T W O RK SH O P: Pla nning a nd H ou sing
Dire c tor Ke lly Die kma nn reporte d tha t City s ta ff had p rop osed M ay 6, 2014, as the date for the
Special Council W orkshop. It w a s als o propose d by sta ff t ha t t he C ity M anager and the Planning and
H ou sing D irector me e t separa te ly in advance with the deve loper and wi th n e ighborhood
representatives to discuss priorities and the chief interests con cerning dev elop m ent of the three sites.
S taff w o u ld also reach o u t to Io w a S ta te U n iv e rs ity rep re sen tativ es to co n firm th e ir p rio ritie s. A
sum m ary of the p riorities and interests of each grou p w ill be prepared p rior to M ay 6, 2 01 4. Staff has
talked to the app licant, w h o is w illing to m eet w ith staff. The O ld M idd le Scho ol/C ollege C reek
Neighborhood Ass oc ia tion is als o willing to me e t with City s ta ff prior to M ay 6, 20 14.
M o v ed by G o o d m an , s e c o n d e d b y O razem , to se t M ay 6, 20 1 4 , as the d ate fo r the C ity C o u n cil
w o rks h o p o n B reck en rid ge sites a n d direct staff to m eet sep arately w ith the d ev elo p er an d w ith
ne ighborhood repre senta tive s to clar i fy the i r re spective prioritie s in advance of the workshop.
V o te o n M o tio n : 6 -0 . M o tio n declare d carried u n a n i m o u sly.
WESTWOOD VILLAGE LANDSCAPE PLAN AMENDMENT: Planner Jeff Benson reported
that the Westwood Village Plan was approved by the Council in 2006 to build the final apartment
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building in that Planned Residence District (PRD). The Plan showed a few Oak trees to be removed.
The developer had been informed that Westwood Village had an approved landscape plan that
included the requirement for an amended landscape plan to be submitted prior to any additional trees
being removed. Mr. Benson advised that during the past month, ten Oak trees were removed from
the property. A revised Landscape Plan was then submitted that showed the ten trees already
removed and several other trees that they wanted to have removed. According to Mr. Benson, staff
had identified some replacement trees to be planted, and some of those were included in the Plan.
Mr. Benson said that the Ordinance allows staff to approve a Minor Amendment to such a Plan if
it doesn’t change the overall landscape design of the project. However, before a change is approved,
a revised Plan must be provided. In this case, a revised plan was not provided before the trees were
removed. Staff’s proposal is to allow the developer to remove two additional Oak trees that are close
to the building; however, two others were to remain until they were deemed dangerous. The Council
was told that if it agrees with staff’s assessment (that this would constitute a Minor Amendment),
it should direct staff to approve the Minor Amendment. If Council believes the changes would
constitute a Major Amendment, it should direct staff to submit the Plan as an amendment to a Major
Site Development Plan. It would then go to the Planning and Zoning Commission to later be
brought back to the City Council at a hearing.
Council Member Betcher asked, how, given the PRD Agreement, the developer managed to remove
so many extra trees when the Landscape Plan required only the removal of four trees. She felt it was
a case that “it was easier to apologize rather than ask permission.” Developer Brent Haverkamp
answered that the Landscape Plan was approved in 2006. When they began construction of the
building, it became clear, by both the condition of the trees and the proximity of the trees to the
building, that it was unsafe to leave the trees. Mr. Haverkamp said had he known that they were
required to request approval of the removal of the additional trees, he would have asked permission.
Ms. Betcher said she felt it was hard for her to believe that he was unaware of his responsibilities
since there had been so much discussion by the City Council in 2013 over the removal of the trees.
Mr. Haverkamp told the Council that the Construction Manager on this project had a specialist from
Iowa State assess the trees. The trees that were diseased were removed. Some trees that would have
died because of root problems as a result of the construction were also removed.
Council Member Goodman asked to know the age of the trees that had been removed. Planner
Benson said the age of the removed trees is not really known, but it is thought that they were
between 80 to 100 years old. He said that they are asking the developer to plant 50% more trees
than the number that was removed. The trees that will be planted will be approximately 15' tall. Mr.
Benson noted that Oak trees are very slow-growing.
Council Member Goodman expressed his frustration that the Council had made its expectations
known to the developer; however, there was no recourse when those were not followed by the
developer. Council Member Betcher agreed.
LAND USE POLICY PLAN AMENDMENT INITIATION REQUEST FOR 516 SOUTH 17TH
STREET: Director Diekmann stated that the developer of the land in question is interested in pursuing
a change of approximately 12 acres of land from Highway-Oriented Commercial to High-Density
Residential. The subject area is an undeveloped parcel at the west end of S. 17 Street in the Aspenth
Business park. The site is located between Highway 30 and S. 16 Street in the areas of a possibleth
future extension of Grand Avenue.
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Mr. Diekmann noted that much of the background information had been provided in his memo to
the City Council on February 24, 2014. On March 18, 2014, the City Council had directed staff to
place this item on a future City Council Agenda. If the process moves forward, the Council needs
to determine if the process would be a Major or a Minor LUPP Amendment.
According to Mr. Diekmann, staff identified issues related to development of the area that may
influence future decisions about appropriate land use:
1.Lack of direct access to CyRide transit service at this site and the fact that the adjacent route
along S. 16 Street already exceeds ridership capacityth
2.Accommodation of a potential future Grand Avenue extension from S. 16 Street acrossth
Highway 30 to Airport Road
3.General traffic circulation and congestion along S. 16 Streetth
4.Supply of well-oriented commercial land for office and retail vs. demand for high-density
residential land
5.Housing availability for non-student development
Options available to the City Council were presented by Director Diekmann, as follows:
1.If the Council believes that the site is suitable for commercial uses and does not have interest
in allowing for additional residential uses in this area, it should deny the request.
2.If the Council believes there is potential interest in additional high density residential uses for
the site, subject to evaluation of commercial land needs, residential land needs, and project site
development interests, it could elect to allow the applicant to move forward with the LUPP
Amendment. If the request proceeds, a decision on the timing or type of amendment must also
be made.
Director Diekmann reminded the Council that a LUPP Amendment may be categorized as a Minor
Amendment or a Major Amendment, or it may be deterred until the next five-year review of the
LUPP. It was noted that timing and scope for the next LUPP Update has not been determined by
the Council, but will be discussed as part of the LUPP Overview at a workshop scheduled for May
20, 2014. Mr. Diekmann noted that the council could wait until after the LUPP Overview to decide
if it wanted to proceed with the request independent of a LUPP update.
Council Member Betcher expressed her opinion that this request needed to be part of a larger LUPP
discussion partly because of the land-locked nature of the property in question.
Council Member Goodman said, in his opinion, the property owner’s request to change the land to
High-Density Residential fits with the development that has been allowed in the recent past in the
area in question. Mr. Betcher said she was willing to consider the request, but felt it should be done
in context with the larger scope. She also conveyed her concerns that CyRide was already running
at capacity on South 17 Street and that South 17 Street was an institutional road and Iowa Statethth
University has indicated that he had no funding budgeted for improvements to that road.
Jeff Cook, CPM Development, 2919 Knox Avenue South, #200, Minneapolis, Minnesota, said his
company specializes in high-density housing developments. He said his company was looking for
property that directly abuts high-density residential areas within proximity to the University. Mr.
Cook said they located the property in question. It had no access road, so it was felt that it would
not be appealing to a retailer. He asked the Council to direct staff to allow this proposal to move
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forward as a Minor Amendment to the LUPP. Mr. Cook told the Council that currently, the land
yields approximately $182 in property taxes; however, when developed as being proposed, the area
would generate over $450,000 in property taxes annually. It is hoped that the project could be
completed in 2015.
Moved by Goodman, seconded by Corrieri, directing that staff begin the process of a Minor LUPP
Amendment for this project.
Council Member Betcher said that she did not necessarily think this was a bad project for the area
or that the developer would not perform, but given the fact that she has not seen “any teeth” in prior
agreements, she was hesitant to agree to that. Council Member Gartin pointed out that he felt the
City did “have teeth” in that “if Kelly’s signature is not on the document, no one moves in.”
Vote on Motion: 5-1. Voting aye: Corrieri, Gartin, Goodman, Nelson, Orazem. Voting nay:
Betcher. Motion declared carried.
The meeting recessed at 9:03 p.m. and reconvened at 9:10 p.m.
URBAN RENEWAL PLAN INITIATION FOR SOUTHEAST 16 STREET: Director DiekmannTH
recalled that, at its March 4, 2014, City Council meeting, staff was directed to initiate steps to
provide support for the redevelopment of properties along SE 16 Street between South Duffth
Avenue and Dayton Avenue. This step was in anticipation of establishing a Reinvestment District
under the Iowa Reinvestment Act. The principal steps needed for the project proposal were to
endorse a preliminary application submitted to the Iowa Economic Development Authority and to
initiate the steps for creating an Urban Renewal Area for the 23-acre site. The proposed development
by Iowa Destination Developers is an approximately $48 million commercial development
consisting of a Menard’s, a new restaurant and hotel, and a Field Station Dinosaurs Museum/Camp.
Mr. Diekmann noted that the City has no financial commitment or support associated with a
Reinvestment District, since it is solely funded by the state. Upon formal approval of the incentive
application by the IEDA Board, the City may then adopt an ordinance establishing the Reinvestment
District to facilitate the project. The Council was told by Director Diekmann that, at this time, the
City Council is being asked to set the date for a public hearing on the proposed Urban Renewal Plan
to facilitate the Reinvestment District redevelopment project and to refer the Urban Renewal Plan
to the Planning and Zoning Commission for its recommendation. Upon receipt of the Commission’s
recommendation, the City Council will hold a public hearing to gather input on the Urban Renewal
Plan. After following those steps, the Council would be in a position to approve a resolution
adopting the Urban Renewal Plan.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 14-181 directing staff to
prepare the Urban Renewal Plan and forward the Plan to the Planning and Zoning Commission for
its recommendation and setting the date of public hearing for May 27, 2014.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
TRANSMISSION ME MBER SH I P APPLIC ATIO N AN D AGR E E MEN T S WITH
MIDCONTINENT INDEPENDENT SYSTEM OPERATION (MISO): Donald Kom, Director of
Electric Services, told the Council that, in 2009, there were two general types of transmission
service: network service and point-to-point service. With the City generating most of its electricity
needs locally and little qualifying transmission investment, the City chose point-to-point service at
that time. According to Mr. Kom, in September 2013, changes were made to MISO’s network
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service program that caused the City to re-evaluate its options. Qualified 69kV transmission
facilities can now be included in the credit calculation. Other benefits were also created, including
additional wind-generated capacity and decreased staff time to meet transmission scheduling
demands. Based on staff’s calculations, network service is now the lowest cost option for
transmission service, falling below $500,000/year in cost. As the City’s new 161kV transmission
facilities are placed in service and included in the investment calculation, the City’s net transmission
cost will continue to fall each year. The City could reach a point where its investments fully offset
its cost, and the utility would begin to receive monthly payments for its investments. However, to
be granted network transmission service and receive transmission credits, the utility must become
a Transmission Owner in MISO. As a Transmission owner, the City would turn over “functional
control” of its transmission system to MISO. It will prove to be much more cost-effective with the
new line and 69kv facility to move from point-to-point transmission service to the new MISO
services.
Moved by Orazem, seconded by Betcher, to adopt RESOLUTION NO. 14-182 approving the
Transmission Membership Application and specified agreements with the Midcontinent Independent
System Operator (MISO), authorizing the MISO membership fee payment of $15,000, and
authorizing termination of the City’s membership in the Midcontinent Area Power Pool.
Roll Call Vote: 6-0. R es olution declare d adopted u na nimously, signed b y the M ayor, and he reby
m ade a po rtion of these M inu tes.
F RI ENDS F OUNDATI ON REQUES T REGARDI NG CONSU M P TION O F ALCOH OL I NS IDE
P UB LIC LIBR AR Y DU RING P RE -OP EN ING GALA ON S EPTE M BE R 5 , 20 14: K evin S tow,
Presiden t of the A m es P ub lic Library B oard of D irectors, exp l ained that the B oard w as approach ed
b y the A m es P u b lic Library Frien d s F o u n d ation (A P LF F ) w ith a req u est to h o ld an ev en t at th e site
o f the ren ew ed Library prio r to its gran d o p en ing o n S ep tem b er 1 4 . Th e F rien d s gro u p w o u ld like to
host a ga la on the evening of Se pte mbe r 5 to serve as a c e le bration of the ne w buil ding. As par t of
the gala, the A P LF F w o u ld like to serv e alco h o l at the 2 1 -an d -ov er ev en t. Su p p o rt of the C ity C o u n cil
is bein g so u ght p rio r to th e liq u o r licen se req u est from eith er A P LF F o r a ca terer co m ing b efo re it.
M oved by Goodman, seconded b y Ora z e m, to support the reques t regarding consumption of alc ohol
inside the Pu blic Libra ry during the Pre -Ope ning Ga la on September 5, 2014.
C o u n cil M em b er G o o d m an rep o rted tha t, fo r h im , a b ig p iece of this req u est w as th at th e Lib ra ry
w o u ld n o t ye t be o p e n to th e p u b lic at th e tim e o f the gala .
V o te o n M o tio n : 6 -0 . M o tio n declare d carried u n a n i m o u sly.
L IB R A R Y MIL L W OR K: Lyn n e C arey, Library D irect o r, n o te d that the b id o f the lo w est b idd er,
Io w a P ris o n In d u stria ls o f D e s M o in e s, Io w a, w a s d e e m e d un re sp o n siv e.
M oved b y Orazem, seconded by Gartin, to adopt RESOLUTION NO. 14 -183 awarding a contract
to SBD Commercial Interiors of Jackson, Michigan, for Library Millwork in the amount of
$423,413.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
CHANGE IN LIBRARY STAFFING LEVEL: Director Carey reported that the Public Library had
undertaken a staff reorganization to ensure excellent customer service in its renovated and expanded
facility. A team had been assigned to review the organizational structure for the Library. The team
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determined that the duties of the Assistant Library Director should be redistributed among five
manager positions, and the budget for the Assistant Library Director position should be reallocated
to a combination of reclassifications and creation of new positions. It was also determined that
approximately $93,000 of the funds from temporary salaries could be combined with remaining
funds from the former Assistant Library Director position to create several more new permanent
positions with no overall additional expense to the budget. Ms. Carey explained that the request was
for elimination of the Assistant library Director and the addition of a Client Support Technician, a
Resource Support Services Clerk, two half-time Youth Services Clerks, and three half-time
Customer Account Services Clerks. This presents the opportunity to replace one Full-Time-
Equivalent (FTE) with 3.75 FTE with no change to the bottom line of the Library’s budget.
Moved by Corrieri, seconded by Nelson, to adopt RESOLUTION NO. 14-184 approving elimination
of Assistant Library Director (1 FTE) and addition of Client Support Technician (.75 FTE),
Resource Support Services Clerk (.5 FTE), two half-time Youth Services Clerks (1 FTE), and three
half-time Customer Account Services Clerks (1.5 FTE).
Roll Call Vote: 6-0. Re solution de c la red adopte d un animously, signed b y the M ayor, and he reby
m ade a po rtion of these M inu tes.
2013 DEVELOPMENT PROCESS SURVEY: City Business Development Coordinator Tiffany
Coleman presented the results of the City’s 2013 Development Process Survey.
Council Member Orazem asked if staff could break down the responses by local and out-of-town
customers. It was determined that that could be done. Mr. Orazem noted that part of the goal was
to improve the City’s reputation with its customers.
Council Member Betcher said the results were interesting, but wondered how they were used. Ms.
Coleman explained that she had reviewed the comments with the applicable Division and
Department Heads. Council Member Orazem pointed out that the Survey was initiated in 2011 and
is used as a tool to continually improve processes. Assistant City Manager Kindred noted that if the
City Council members had any comments or requests concerning services, they should bring those
forward.
ORDINANCE CHANGING PARKING REGULATIONS ON TWAIN CIRCLE: Moved by
Goodman, seconded by Orazem, to pass on first reading an ordinance changing the parking
regulations on Twain Circle.
Roll Call Vote: 6-0. Motion declared carried unanimously.
POST-CONSTRUCTION STORM WATER ORDINANCE: Moved by Goodman, seconded by
Orazem, to pass on second reading the Post-Construction Storm Water Ordinance as Chapter 5B of
the Municipal Code.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING ZONING TEXT AMENDMENT TO CHANGE REQUIRED PARKING
FOR OTHER OFFICE USES (EXCLUDING MEDICAL AND DENTAL OFFICES): Moved by
Nelson, seconded by Orazem, to pass on second reading an ordinance making a zoning text
amendment to change required parking for other office uses (excluding medical and dental offices).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING SECTION 23.407 PERTAINING TO STORM WATER
MANAGEMENT REGULATORY STANDARDS: Moved by Orazem, seconded by Nelson, to
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pass on second reading an ordinance amending Section 23.407 pertaining to storm water
management regulatory standards.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING SECOND 23.502 PERTAINING TO STORM WATER
MANAGEMENT REGULATORY STANDARDS: Moved by Orazem, seconded by Nelson, to
pass on second reading an ordinance amending Section 23.502 pertaining to storm water
management regulatory standards.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING SECTION 29.406 PERTAINING TO STORM WATER
MANAGEMENT REGULATORY STANDARDS: Moved by Orazem, seconded by Nelson, to
pass on second reading an ordinance amending Section 29.406 pertaining to storm water
management regulatory standards.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING SECTION 29.1502 PERTAINING TO STORM WATER
MANAGEMENT REGULATORY STANDARDS: Moved by Orazem, seconded by Nelson, to
pass on second reading an ordinance amending Section 29.1502 pertaining to storm water
management regulatory standards.
Roll Call Vote: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Mayor Campbell announced that tonight was ex officio Member Alexandria
Harvey’s last City Council meeting. She will be pursuing a Master’s degree in Public
Administration. Ms. Harvey was thanked for her service over the past year.
Moved by Betcher, seconded by Orazem, to direct staff to prepare a brief report comparing the
maximum densities in the Floating Zones to the maximum densities in the standard Residential
Zones.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Orazem, seconded by Corrieri, to refer to staff the letter of John and Julie Larson to
answer whether there is a way to allow the Larsons to build a three-season porch and still allow for
the easement.
Vote on Motion: 5-1. Voting aye: Betcher, Corrieri, Gartin, Nelson, Orazem. Voting nay: Goodman.
Motion declared carried.
Assistant City Manager Kindred announced that the RISE grant application of ISU Research Park
had been approved.
ADJOURNMENT: Moved by to adjourn the meeting at 10:07 p.m.
_____________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor