HomeMy WebLinkAbout~Master - Regular Meeting of the Ames Conference Board 02/26/2013MINUTES OF THE REGULAR MEETING OF THE
AMES CONFERENCE BOARD AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA FEBRUARY 26, 2013
REGULAR MEETING OF THE AMES CONFERENCE BOARD
The regular meeting of the Ames Conference Board was called to order by Chairperson Ann Campbell
at 6:31 p.m. on January 22, 2013. Present from the Ames City Council were Jeremy Davis, Matthew
Goodman, Peter Orazem, Victoria Szopinski, and Tom Wacha. Story County Board of Supervisors
present were Wayne Clinton and Paul Toot. Representing the Ames School Board were Teresa Simpson
and Bill Talbot. Ames City Council Member Jami Larson arrived at 6:32 p.m. Gilbert School District
and United School District were not represented.
MINUTES OF THE JANUARY 22, 2013, SPECIAL MEETING OF THE CONFERENCE
BOARD: Moved by Davis, seconded by Clinton, to approve the minutes of the Regular Meeting of the
Conference Board held January 22, 2013.
Vote on Motion: 3-0. Motion declared carried unanimously.
APPOINTMENT TO BOARD OF REVIEW: Moved by Goodman, seconded by Clinton, to adopt
RESOLUTION NO. 13-062 approving the reappointment of Judy Albright to the Board of Review.
Vote on Motion: 3-0. Motion declared carried unanimously.
PUBLIC HEARING ON PROPOSED FY 2013/14 BUDGET FOR AMES CITY ASSESSOR’S
OFFICE: Chairperson Campbell opened the public hearing. No one came forward to comment, and
the hearing was closed.
Moved by Clinton, seconded by Goodman, to adopt the proposed FY 2013/14 Budget for the Ames
City Assessor’s Office.
Vote on Motion: 3-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis, seconded by Clinton, to adjourn the Ames Conference Board at
6:33 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 Campbell at 6:37 p.m.
on February 26, 2013, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from the
Ames City Council were Davis, Goodman, Larson, Orazem, Szopinski, and Wacha . Ex officio Member
Sawyer Baker was also present.
CONSULTATION FOR ANNEXATION:Wayne Clinton, representing the Story County Board of
Supervisors, and Steve Howell, representing the Franklin Township Trustees, were present.
City Planner Charlie Kue ster stated that, in accordan ce with state law , a con sultation with the Franklin
Township Board of Trustees and the Story County Board of Supervisors is the first step in the annexation
pro cess. The purpo se of the consu ltation is to identify any issues that the affected entities may raise
concerning the proposed annexation. Within seven business days following the consultation, the
Supervisors and Trustees may then make written recommendations for modification to the proposed
annexation. W ithin 30 days of the consultation, the Supervisors are also to pass a resolution stating
whether or not they support the application or whether they take no position in support of or against the
application .
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Mr. Kuester reminded the Cou ncil that the first territory contains two parcels ow ned by the Phyllis Athen
Revocable Trust, the James Athen Revocable Trust, and Ricky M adson, collectively know n as the Athen
pro perties. The territory, totaling 121.02 ac res, lies west of Georg e W ash ington Carver Ave nu e in
Sections 20 and 2 9 of Franklin Tow nship. Annexation of the second territory was initiated by Qu arry
Estates, LLC. In order to avoid creating an island, the City is also including three non-consenting
properties, as allowed under Code of Iowa Section 368.7(a). The additional properties are owned by
Harold and Bette Frame, Harold and Bette Frame on contract to Brian and Jamie Frame, and Hun ziker
Land Development, LLC. The properties lie along 190th Street and Grant Avenue in Section 22 of
Franklin Town ship and total 105.12 gross acres. Mr. Kuester pointed out that Hunziker Land
Development, LLC, is listed as non-consenting because they are awaiting resolution of the rural water
issues before filing annexation petitions for their two properties along G rant Avenue. Prior to the actual
annexa tion of these territories, the rural water issue must be worked out and pre-ann exation agreements
signed for the A then properties, Quarry E states, and the two H un ziker prope rties.
Mr. Howell advised that, even though Franklin Township will be losing some tax revenue from the
properties, the Gilbert School District will benefit greatly from the developed land. Since the
properties will be annexed to Ames, it will not present a burden on Story County fire and rescue.
Story County Supervisor Clinton advised that a written letter of support from Story County had
already been submitted.
Mayor Campbell noted that no action was being requested; the purpose was to allow for
conversation among the affected entities.
Council Member Goodman asked to know the status of the properties between the Athen property
and Quarry Estates. Mr. Kuester advised that staff had met with the Sturgeses, and with the direction
previously given by the Council, started to work on development agreements that might offer those
property owners an incentive to annex. The development agreement would initially offer a reduced
rate for a single homestead, but upon further development, they would pay the balance. No progress
has been made in actually getting Annexation Petitions in hand from those non-consenting owners.
At this time, only the Athen and Quarry Estates properties would move forward to a public hearing
on April 9, 2013. Staff would not recommend taking any further action until there were development
agreements in hand for all the property owners along Grant.
Council Member Goodman questioned whether there was any legal risk to the City if it allowed the
process to move forward even though the water issue has not been resolved. Interim City Attorney
Judy Parks said it would be advisable for the City to move forward and work on resolving the water
situation; that would be taken out of the development agreements at this point. Mr. Goodman
recalled that the Council had directed staff not to annex the properties until the water issue was
resolved.
At the inquiry of Council Member Orazem, Assistant City Manager Bob Kindred reported that City
staff has a meeting scheduled with the Xenia Rural Water District for March 6, 2013, to hopefully
lay out clearly what approach it would take to Ames annexing the property and serving it with water.
In addition, the City is still pressing Central Iowa Rural Water District for an answer in writing to
the fundamental questions of whether they would provide full municipal water service to the eastern
industrial area, and if not, how much they would charge the City to buy the right to service that
territory. Staff is hopeful that answers, in writing, will be received by April 9, 2013.
Mayor Campbell told the Council that late this afternoon the Subcommittee in the Iowa House did
vote out a piece of amended legislation pertaining to rural water districts that will go to the Full
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Committee of the Economic Development Committee on Thursday. She noted that City staff and
lobbyists from the Iowa League of Cities had worked very hard on that potential legislation. City
Manager Schainker added that City staff will also be working on this at the federal level. The Mayor
noted that she and Assistant City Manager Bob Kindred will be in Washington, D.C., and will meet
with officials from the U.S.D.A. and possibly the Ag Committee in both the House and the Senate.
Supervisor Clinton stated that he would be going to Washington, D.C., as part of the Iowa
Association of Counties Legislative Conference. He volunteered to discuss the issue at the federal
level as well.
CONSENT AGENDA: Moved by Davis, seconded by Szopinski, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving Minutes of Regular Meeting of February 12, 2013, and Special Meeting of
February 1, 2013
3.M otion approving Rep ort of Contra ct Cha nge Orde rs for Februa ry 1 -15, 20 13
4.M otion app rov ing renew al of the follow ing beer permits, w ine permits, and liqu or licenses:
a.Class C Beer – Almost Always Open, 419 Lincoln Way
b.Class C Beer & B Native Wine – Casey’s General Store #2905, 3612 Stange Road
5.RESO LU TI O N NO . 13 -063 approving Iowa Clea n A ir A tta inme nt Program (ICA A P) Grant
ap p lication fo r M o rten sen R o ad Im p ro v em en ts
6 .R E S O L U T IO N N O . 1 3 -0 6 4 ap p ro v in g C y R ide M em o ran d um of A g reem en t w ith Io w a S tate
U niversity Interm od al Facility C on structio n for add ition al con struction at the A m es Intermo dal
Facility n ot to excee d $74,300
7.R E S O L U T IO N N O . 13 -06 5 ap pro ving prelim inary plans and specification s for 20 12 /13 Sh ared U se
Path M a inte nanc e project; setting M arch 20, 2013, as bid due date and M ar ch 26, 2013, as date of
public hearing
8 .R E S O L U T IO N N O . 1 3-0 66 ap p ro v ing u p to fo u r tw o-m on th fu el con tracts at a total p rice no t to
exceed $6 19 ,50 0 and accept fixed rate and m ark-up /ded uct for remaind er of C yR ide’s fuel pu rchases
9.RESO LU TI O N NO . 13-067 awarding contrac t to Stivers Ford Lincoln of W a ukee , Iowa, for four
2013 Ford Taurus Interceptor sedans for a tota l cost of $100,380
10 .R E S O L U T IO N N O . 13 -06 8 aw arding co ntract to T itan M achinery of D es M oines, Iow a, for W heel
L oad er and C lam B uck et for $1 56 ,36 0 w ith b uy back gu arantee
11.RESO LU TI O N NO . 13-069 a w arding contra ct to O’H a lloran Inte rna tional of A ltoona, Iowa, for the
purc hase of medium-duty tr uck chas sis in the amount of $84,465
12.RESO LU TI O N NO . 13 -070 aw arding contr act to Bobca t of Am es of A mes, Iowa, for on e 20 13
Bobca t VH 417 M a ter ial Handler with attachments in the amount of $62,002
13 .R E S O L U T IO N N O . 13 -07 1 app rov ing con tract and bo nd for 20 09 /10 Lo w -Po int D rainag e (C rystal
S treet)
14 .R E S O L U T IO N N O . 13 -07 2 ap pro ving Plat of Su rvey for 36 21 Linco ln W ay
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: No one spoke during this time.
5-DAY LICENSES FOR OLDE MAIN BREWING COMPANY: Moved by Davis, seconded by
Szopinski, to approve the following:
a.Special Class C Liquor (Feb. 26 - Mar. 2) at ISU Alumni Center, 420 Beach Avenue
b.Special Class C Liquor (Mar. 1 - 5) at Reiman Gardens, 1407 University Boulevard
c.Special Class C Liquor (Mar. 11 - 15) at Reiman Gardens, 1407 University Boulevard
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Vote on Motion: 6-0. Motion declared carried unanimously.
REQUESTS FOR HOPE RUN 0N JUNE 15, 2013: Moved by Goodman, seconded by Davis, to
adopt the following:
a.RESOLUTION NO. 13-073 approving closure of portion of Mortensen Road from 7:00 a.m. to
approximately 8:15 a.m. and portion of State Avenue from 7:45 a.m. to approximately 9:00 a.m.
b.RESOLUTION NO. 13-074 approving waiver of Road Race permit fee
Melissa Rowan, Event Co-Chair, said that this was the 15 year of the Hope Run. At the questionth
of Council Member Orazem as to how participants are to register, Ms. Rowan advised that there will
be a page on the Mary Greeley Medical Center Web site; however, it is not available yet. The
proceeds of the Run will go to benefit the Hospice House.
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
REQUESTS FROM MAIN STREET CULTURAL DISTRICT (MSCD) FOR SUMMER
EVENTS: Moved by Davis, seconded by Orazem, to adopt/approve the following:
a.Main Street Farmers’ Market, Saturdays from May 4 to September 28:
i.RESOLUTION NO. 13-075 approving closure of street and parking spaces in 400 block of
Main Street; closure of Burnett Avenue, from Main Street north to the alley; and eight
parking spaces in 300 block of Main Street, from 6:00 a.m. to 1:00 p.m.
ii.Motion approving blanket Temporary Obstruction Permit and blanket Vending Permit for
entire Central Business District from 8:00 a.m. to 6:00 p.m.
iii.RESOLUTION NO. 13-076 approving waiver of fee for blanket Vending Permit
b.Art Walk on Friday, June 7:
i.RESOLUTION NO. 13-077 approving waiver of parking meter fees and enforcement for
MSCD from 3:00 p.m. to 6:00 p.m.
ii.Motion approving blanket Temporary Obstruction Permit for MSCD sidewalks from
3:00 p.m. to 8:00 p.m.
iii.Motion approving blanket Vending Permit for MSCD from 8:00 a.m. to 8:00 p.m.
iv.RESOLUTION NO. 13-078 approving waiver of fee for Blanket Vending Permit
v.RESOLUTION NO. 13-079 closing six parking spaces near intersection of Main Street and
Kellogg Avenue for food vendors
c.4 of July Parade and Festival on Thursday, July 4:th
i.R ESOLU TIO N N O . 13 -08 0 app r ov ing closure of Clark A ve nu e be tw een 5 Str e e t and 6th th
S tree t fro m 6 :00 p.m . o n W ed n esd ay , July 3, u n til co n c lusio n o f para d e o n Ju ly 4 fo r C ity
C o u n cil C o m m u n ity P an cak e B reak fast
ii.R E S O L U T IO N N O . 13 -08 1 ap p rov in g clo su re of p o rtio n s of M ain S treet, N o rth w estern
A v en u e, Fifth S treet, D ou glas A ven ue, B urnett A ven ue, K ellog g A ven ue, C lark A ven ue,
A llan D rive, and Pearle A ven ue from 6:00 a.m . to ap prox im ately 3 :00 p.m . for parade
iii.R E S O L U T IO N N O . 13 -08 2 ap p rov in g w aive r o f p ark in g m eter en force m en t fo r th e en tire
C entral Bus ine ss D is tric t on J uly 4
iv.R ESO LU TI O N N O . 13 -083 a pproving c losure of Pa r king Lot M M , Parking Lot N , Par king
L o t Q, De p o t L o ts V an d T T , an d s o u th h a lf o f P ark in g L o t M fr o m 6 :0 0 a.m. to 3 :0 0 p.m.
v.M otion approving blanket Te m porar y Obstr uc tion Perm it and bla nke t V e nding Pe rm it for
M S CD fr o m 8 :0 0 a.m. to 6 :0 0 p.m.
v i.R E S O L U T IO N N O . 1 3 -0 8 4 ap p ro v ing w aiv e r o f u tility fee s fo r u se o f o u tlets an d w a ter in
T om E van s P laza a nd w aiver of V end ing Perm it fee
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d.July Sidewalk Sales, July 25 - 27:
i.RESOLUTION NO. 13-085 approving suspension of parking regulations in CBD from 8:00
a.m. to 6:00 p.m, July 25 - 27
ii.M o tio n ap p ro v ing blan ket T e m p o rary O bstru c tio n P e rm it an d blan k e t V e nd ing Perm it
iii.R E S O L U T IO N N O . 13 -08 6 ap pro ving w aiver of fee for B lan ke t V en ding L icen se
Representing the MSCD, Director Cari Hague and Events Coordinator Rachel Miller thanked the
Council for its past support.
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
TAX ABATEMENT FOR 127 STANTON AVENUE: City Planner Jeff Benson noted that the
background on this issue had been presented at the Council meeting held February 12, 2013. In
summary, 127 Stanton Avenue is located within the Campustown Urban Revitalization Area, for
which Council had established an Urban Revitalization Plan. Improvements have been completed
consistent with the requirements of that Plan except for screens that were to be installed on all
balconies of the adjacent building at 119 Stanton that overlook the property at 127 Stanton. The
property owner estimates that installation of the screens will be completed by March 31, 2013;
however, the owner requests that City Council forward approval of tax abatement to the City
Assessor before March 1, 2013, so that tax abatement can commence for the current levy year. The
City Council had directed staff to prepare an agreement whereby the property owner would agree
to repay to the City any tax abatement received if the screens are not completed by March 31, 2013.
According to Mr. Benson, Campus Investors has now signed and returned the Agreement for
Maintenance and Management, as required by the City Council. Mr. Benson advised that, in
accordance with the Council’s direction and by approving the Supplemental Agreement, Campus
Investors has agreed to forfeit and repay the tax exemption if the screens are not completely installed
by March 31, 2013. Planner Benson further explained that the Supplemental Agreement provides
that if all of the screens are not installed by March 31, 2013, the owner of the property at 127
Stanton will forfeit and repay the tax exemption allowed against property taxes levied on that
property. Under the Supplemental Agreement, the City Council would agree to approve and forward
the property owner’s application for urban revitalization tax exemption to the City Assessor before
March 1, 2013.
Council Member Larson noted that the clawback would pertain to the total cost of abatement, not
just the City’s portion. He also expressed concerns about not setting a specific date for the
completion of the screening on 119 Stanton. It was Mr. Larson’s concern that the screening would
never get done or get done only after a catastrophic incident, and the objective of the screening in
the first place was a safety issue.
Assistant City Attorney Parks notified the City Council that she had received an email today that
24 of the total 44 actual screen structures were now in place. She said that staff has confirmed that
the screens have been fabricated and are on-site. The Inspections Division has issued a building
permit for the installation, and that work is now underway.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 13-087 approving the
Supplemental Agreement for Urban Revitalization Tax Exemption for 127 Stanton.
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Roll Call Vote: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Szopinski. Voting nay: Wacha.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 13-088 approving the
Agreement for Maintenance and Management.
Roll Call Vote: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Szopinski. Voting nay: Wacha.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 13-089 approving tax
exemption and directing staff to forward to the City Assessor.
Council Member Wacha said he was dismayed that this issue had taken up so many staff resources.
He noted that it was not the City’s fault that materials were not ordered on time, and the screening
did not get done.
Council Member Goodman said he felt that the real argument to the compromise was that the
objective was to make Campustown safer. He contended that this agreement met that objective.
Roll Call Vote: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Szopinski. Voting nay: Wacha.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
LAND USE POLICY PLAN (LUPP) AMENDMENT PERTAINING TO ZONING
DESIGNATIONS OF ANNEXED LAND: Planner Charlie Kuester said that, prior to the adoption of
the Ames Urban Fringe Plan, the City’s Land Use Policy Plan had land use designations within the
City that were the same as outside the City. For instance, outside the City an area would be
designated Village/Suburban Residential. After the land was annexed, it would retain that LUPP
designation. With adoption of the Ames Urban Fringe Plan in 2007, a new designation was created
for areas outside the city limits intended for residential development. This designation of Urban
Residential is similar to Village/Suburban Residential, although the different terminology does not
allow for the retention of the LUPP designation after annexation.
Mr. Kuester advised that, under current policy, the assigning of an LUPP designation is not
automatic, but requires a deliberate action by the City Council. In contrast, however, upon
annexation zoning is automatic. Section 29.302 of the Zoning Code assigns an Agricultural zoning
classification when a tract of land is annexed. The City Council would thereafter change it to the
appropriate zoning designation through the specified process for a zoning map amendment. Staff
is now proposing language for the LUPP that would automatically allow for the designation of
newly-annexed property consistent with the LUPP. Since the Urban Fringe Plan allows for
annexation only of land designated Urban Services, it would be possible to ensure LUPP
designations that correlate directly with the Urban Fringe designations. In addition, language in the
LUPP is proposed to designate Natural Areas in the Urban Fringe Plan as Environmentally Sensitive
Areas in the LUPP. The descriptions of these land uses are similar and are intended to designate
areas of steep slopes, flood plains, and areas of natural vegetation. The proposed language also
allows the City Council, at the time it considers an annexation petition, to direct the applicant to seek
a different LUPP designation. This would occur if the City Council felt that the automatic
designation was not the most appropriate land use due to changing circumstances or development
patterns.
According to Mr. Kuester, the proposed amendment to the Land Use Policy Plan will streamline
processes by eliminating one step in the annexation and development of land in the Urban Services
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area. Staff resources and customers’ time will be more effectively used and development timetables
can be better met, while the public will still receive notification and have opportunities for input.
Mr. Kuester advised that the Planning & Zoning Commission had, at its February 6, 2013,
unanimously recommended approving of the change.
Moved by Davis, seconded by Szopinski, to adopt RESOLUTION NO. 13-090 approving a Land
Use Policy Plan Amendment pertaining to zoning designations of annexed land (Appendix C).
Council Member Larson commended staff for coming up with the recommended amendment. He
felt that the former process had created an extra step.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
URBAN REVITALIZATION AREA FOR 205 SOUTHEAST 5 STREET: Planner KuesterTH
recalled that, in 2010, the City Council adopted new criteria for commercial development in the
Highway-Oriented Commercial zoning district. That new criteria had been prompted by an
application for a Minor Site Development Plan that had been submitted by Ruhl and Ruhl
Commercial Company. At that time the applicant also sought designation of 205 SE 5th Street as an
Urban Revitalization Area in order to receive a tax exemption for the development of the property. The
proposal, however, did not meet the criteria of City policy at that time.
Mr. Kuester defined the new criteria that were established in 2010 . Und er Criteria No. 4, the developer
must demonstrate that the pro po sed project canno t be co nfigu red or designed in a manner to avo id
significant extra impact to the project because of its location near a City w ell head. According to Planner
Kuester, the applicant is seeking this Urban Revitalization Area designation based on the fourth criterion
of the Commercial Urban Revitalization Po licy. It was further explained by Mr. Kuester that the property
in question is located within the HO C zoning district. Approximately 23 percent of the property lies
within 1,000 feet of one of the City’s water supply wells and about 97.5 percent of the property lies
within the Floodway Fringe overlay district. According to M r. Kuester, the City’s well head protection
ordinance does not allow the placement of storm water detention areas within that protected area. Instead,
the ordinance allows development to meet water quality-based treatment, or a combination of quantity-
and quality-based treatment as approved by staff. Further, it does not allow for permanent excavation
below the natural grade, althoug h structures and found ation footings may be constructed in that area. In
addition, the Floodw ay Fringe requires that development be elevated (or floodp roofed) to three feet
above the base flood elevation (the 100-year flood level). In this case, approximately five to seven feet
of fill has been placed over the natural grade to meet the Floodway Fringe requirements. The criterion
also requires “that the proposed project cannot be configured or designed in a manner to avoid significant
extra impact to the project because of its location near a City well head.” According to Mr. Kuester, the
applicant states that the location of the well head protection area, cove ring app rox imately the south east
23 percen t of the lot, restricts their ability to manage storm water as they had originally planned.
According to Planner K uester, the original 2 009 site plan showed 31,300 square feet of buildings,
supported by 191 parking spaces. In addition, the site plan had a detention area of about 7,100 square
feet in the southeast corner of the property. He advised that the applicant had submitted a new site plan
for the developmen t, which will consist of two businesses: Petco and Sports Autho rity. The site plan is
very close to being approved by City staff as a Minor Site Development Plan. The application for a Flood
Plain Dev elopment Permit has also been submitted and appears to meet all the requirements. Mr. Kuester
told the Council that it needed to decide w hether the applicant met the fourth criteria, i.e., did the project
suffer significant imp act due to the proximity of the well head within 1,00 0 feet.
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M r. Kuester said that the 2009 site plan showed a major building in the back of the property and a
restaurant outlot in the southwest corner with a detention pond in the southeast corner. He reported that
City staff had not appro ved that plan becau se a detention po nd is not allowed w ithin 1,000 feet of a well
head. The site was then reconfigured: the detention pond was moved to the north side of the lot, the
building was enlarged, the restaurant pad in the front has been deleted; and, since the City’s parking
requirements were changed, the lot is larger. The applicant has alleged that the reconfiguration necessary
to meet the well head protection zone has lost the developer the pad in the front of the property that was
going to be occupied by a restaurant. However, according to Mr. Kuester, staff is not convinced that the
developer has suffered any impact due to the reconfiguration. It is staff’s opinion that the enlargement
of the building as a result of the separate outlot was a choice made by the developer. Staff believes that
the location of the detention area could be plac ed elsewhere on the lot, as lon g as it is ou tside of the well
head protection area. It may be possible with minimal earth movement to redirect the storm water to a
different portion of the lot.
It was stated by Mr. Kuester that Petco and Sp orts Authority are qualifying uses; however, a
Development Agreement would still be prepared and brought for Council approval at the time that the
Urba n Rev italization Plan were to be ap pro ved.
Steve Scott, 17 01 - 48 Stree t, West Des M oines, representing the p rop erty owne r and dev eloper, toldth
the Coun cil that R uhl and Ruhl has tried to develop the site since 2006. He provided a chronological
history dating back to the developer’s pre-application meeting w ith City staff in 2006 and its submittal
of the first site plan in 2 00 9. Referencing the 2009 site plan, M r. Scott told the Council that he had
correspondence from City staff indicating that that site plan would probably be approved, and the
developers decided to go ahead and purchase the property and closed the deal in Ap ril 2007. Shortly after
the purchase, Target approached the new ow ners and asked them to w ait on development as it planned
to expand its store to make it a Super Target. Due to the recession, Target decided, approximately one
year later, not to expand.
Mr. Scott told the Council that the project does not work financially if Ruhl and Ruhl cannot obtain tax
abatement that was structured by the City for the site in 2010 . Since several years have elapsed since they
pu rchased the pro perty, they h ad incurred carrying costs – interest on the loan , p rop erty taxes,
maintenance on the property. In addition, rent costs have lowered and construction costs had increased.
Ruh l & Ruhl had assu med that they w ou ld get the tax abatement from the actions take n by the Council
in 20 10 and had used that assumption w hen structuring its economic deals w ith the tw o tenants. Mr. Scott
said that, even though the total square footage of the commercial center now proposed is greater, the
rents that Petco and Sports Authority pay are less per square foot than what a restaurant in the front of
the lot wou ld pay . In addition, M r. Scott advised that the develop er raised the site due to the flood plain
issue, but mainly because City staff had told the developers that they could not retain water in the low er
southeast corner of the pro perty. They then had to redesign the site, and by so doing, the outlot was lost.
According to Mr. Scott, the tax abatement is being requested simply to make it affordable to develop the
site. H e said that he was not asking for any reimbursement or guaran tee of a profit, bu t only trying to
structure a deal that is capable of being financed by their lender. Council Member Larson refuted that
having two good tenants was not as good as having a restaurant or a bank.
May or Campbell asked if the tax a batement was n eeded in o rder to make it a good business deal because
the land had remained undeveloped and the developer had incurred expenses, e.g., taxes, maintenance,
during that time. M r. Scott replied that any deal did not include those expenses; “that horse left the barn
a long time ago.” It is simply what the tenants will pay, what it costs to develop the site, build the
buildings, and have a project that can be financed.
Cou ncil Member Szopinski said that it is unfortunate that the two prospective tenants are not high-dollar
rent payers; however, they appear to be welcomed retailers in the community. She added that the area
in question is one of the better areas in Ames for high traffic and others have bu ilt in the same area
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without receiving tax abatement. Mr. Scott replied that the challenge is related to the additional costs of
developing the site that have been caused by its proximity to the water wells. Council Member Szopinski
said that it was not a Coun cil issue that the two tenants w ou ld not pay high enoug h rents.
At the inquiry of Council Member Goodman, Mr. Scott answered that the developers had purchased the
property without the well head ordinance being in place. Mr. Scott clarified that the developers had not
requested tax abatement until after the well head ordinance was enacted. He advised that, after learning
of the ordinance, the developers met with the City Manager and Planner Benson
Council Member Davis said that he would like to see if it would be worthwhile for the City to
approve tax abatement. Mr. Scott said that he would like an opportunity to show the business pro-
formas to the Council. He suggested that the City Council consider what the properties are now
paying in property taxes, which is $39,000/year, compared to what taxes would be paid when
developed, which is approximately $154,000/year. Mr. Scott noted that the $300,000 in tax
abatement would be offset in two years.
Cou ncil Member Dav is ask ed how man y job s would be created by the two pro spe ctive tenants. Mr. Scott
said Petco would employ a total of 50, and Sports Authority would employ 75.
Moved by Szopinski, seconded by Goodman, to deny the application for tax abatement.
Council Member Orazem asked if the design would be the same as its first site plan if there were
no well fields, specifically, would there then be three tenants. Mr. Scott said that is not entirely
known, depending on how much square footage each tenant would require.
Vote on Motion: Goodman, Larson, Szopinski. Voting nay: Davis, Orazem, Wacha.
Mayor voted aye to break the tie. Motion carried.
HEARING ON ISSUANCE OF GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO
EXCEED $10,000,000: Mayor Campbell opened the public hearing. No one asked to speak, and the
hearing was closed.
Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 13-092 authorizing a Loan
Agreement and providing for the levying of taxes.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2012/13 ASPHALT STREET RECONSTRUCTION/SEAL COAT
RECONSTRUCTION AND 2012/13 WATER MAIN REPLACEMENT: The public hearing was
opened by the Mayor. She closed same after no one requested to speak.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 13-093 approving final plans
and specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount of
$957,521.70.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2012/13 AMES MUNICIPAL CEMETERY PAVING IMPROVEMENTS: The
Mayor opened the public hearing. There being no one wishing to speak, the hearing was closed.
10
Moved by Davis, seconded by Goodman, to accept the report of bids and reject the bid.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON HICKORY DRIVE IMPROVEMENTS (LINCOLN WAY TO WESTBROOK
DRIVE): Mayor Campbell opened the public hearing. After no one came forward to speak, the Mayor
closed the hearing.
Moved by Szopinski, seconded by Davis, to adopt RESOLUTION NO. 13-094 approving final plans
and specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the amount of
$167,500.48.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON TORONTO AREA WATER MAIN REPLACEMENT: The hearing was opened
by the Mayor. She closed the hearing as no one asked to speak on the subject.
Moved by Goodman, seconded by Davis, to adopt RESOLUTION NO. 13-095 approving final plans
and specifications and awarding a contract to J&K Contracting, LLC, of Ames, Iowa, in the amount
of $298,735.47.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2013 UNDERGROUND TRENCHING FOR ELECTRIC SERVICES: The public
hearing was opened by Mayor Campbell. She closed same after no one asked to speak.
Moved by Wacha, seconded by Davis, to adopt the following:
RESOLUTION NO. 13-096 approving final plans and specifications and awarding the Primary
Contract to Ames Trenching & Excavating, Inc., of Ames, Iowa, in an amount not to exceed
$136,500.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
RESOLUTION NO. 13-097 awarding the Back-Up Contract to Communication Technologies of
Des Moines, Iowa, in an amount not to exceed $58,500.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE MAKING MODIFICATIONS TO MUNICIPAL CODE CHAPTER 21 (SIGN
CODE) [Tabled from January 8, 2013]: Management Analyst Brian Phillips recalled that, in N o
v e
m b
e r
staf
f
rep
o r t
e d
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C o
11
unc
i l
o n
s ev
eral
“cl
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up”
con
cer
n s
that
exi
s t e
d in
the
Si g
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C o
de ,
a s
wel
l as
a n
i s s
u e
r e l
ate
d to
the
r e
m o
v al
o f
sig
n
s t r
uc t
ure
s .
St a
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was
see
kin
g
cla
rif i
cati
12
o n
reg
ard
ing
h o
w
t o
de a
l
wi t
h
sig
n
s t r
uc t
ure
s
that
(1)
had
n o
sig
n
fa c
e
w h
e n
a
bus
ine
s s
was
n o
lon
ge r
i n
exi
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nc e
o r
(2)
r e
m a
ine
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exi
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w h
e n
13
the
bui
l d i
n g
was
a l r
ead
y
d e
m o
lish
ed.
Mr. Phillips and Neighborhoods Inspector Sara VanMeeteren showed pictures of sign structures on
businesses that no longer exist. Rather than approve the ordinance that was presented for
consideration on January 8th , the City Council directed staff to prepare a modification to the sign
requirements stating that, in the event a business closes and the primary building is demolished, the
sign structure on that premises must also be taken down. The change also specifies that a sign
structure must always have a lawfully permitted sign or a blank panel of a solid color in its frame
(the frame or electrical elements of the sign structure cannot remain exposed.) The remainder of the
ordinance was to be unchanged from that which was presented to the City Council on January 8th .
Mr. Phillips gave a summary of the changes. He explained that two ordinances were needed because
the proposed modifications fall into two different sections of the Municipal Code: 5 and 21.Several
of the corrections are necessary because the Sign Code was moved out of Chapter 5 and into its own
chapter in 2010. Some references to Chapter 5 needed to be amended to reflect the correct chapter.
It was also noted that, until 2010, a Sign Code violation was charged with a $500 fine. Because the
fine schedule does not currently refer to the correct chapter, a violation of the Sign Code has been
charged on the standard municipal infraction schedule ($30 per violation). In correcting the
reference to its original intent, a violation of the Sign Code would revert to its original fine of $500
per violation.
Mr. Phillips also recalled that Council had directed staff to address electronic signs in addition to
the Code clean up. He advised that staff intends to bring recommendations on electronic signs in a
separate report at a later date.
Council Member Goodman wanted to ensure that the “blank” concept would apply for cabinets and
awnings. Mr. Phillips confirmed that the proposed ordinance does address it.
Moved by Goodman, seconded by Davis, to remove the item from the table.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Orazem, to pass on first reading an ordinance making
modifications to Municipal Code Chapter 21 (Sign Code).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING MODIFICATIONS TO MUNICIPAL CODE APPENDIX N RELATING
TO THE TITLES OF CHAPTERS 5 AND 21 [Tabled from January 8, 2013]: Moved by Goodman,
seconded by Wacha, to remove the item from the table.
Vote on Motion: 6-0. Motion declared carried unanimously.
14
Moved by Wacha, seconded by Larson, to pass on first reading an ordinance making modifications
to Municipal Code Appendix N relating to the titles of Chapters 5 and 21.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE STRIKING REFERENCES TO BOARD OF HEALTH IN MUNICIPAL CODE
CHAPTER 11 (HEALTH AND SANITATION): M oved b y Dav is se conded b y W acha , to pass on
thir d rea ding a nd adopt O RD IN A N CE N O . 41 40 striking ref ere nces to Board o f Health in M unic ipal
Code Chapte r 11 (H ea lth and Sa nitation)
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE STRIKING REFERENCE TO BOARD OF HEALTH IN THE INDEX OF THE
MUNICIPAL CODE: Moved by Goodman, seconded by Davis, to pass on third reading ORDINANCE
NO. 4141 striking references to Board of Health in the index.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
COUNCIL COMMENTS: Moved by Szopinski, seconded by Goodman, to refer to staff the request
for FY 2014 funding from the ACCESS Shelter.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Szopinski, seconded by Goodman, to direct the City organization to participate in the
World Wildlife Federation’s Earth Hour on March 23 at 8:30 p.m. by encouraging citizens to
participate.
Mayor Campbell noted that the Council normally does not make such proclamations unless there
is local agency participation.
Vote on Motion: 3-3. Voting aye: Goodman, Orazem, Szopinski. Voting nay: Davis, Larson,
Wacha. Mayor elected not to vote. Motion failed.
Moved by Szopinski, seconded by Orazem, to refer to staff the letter from Luke Jensen on behalf
of the Story County Veterans Affairs, requesting free parking around 516 Kellogg Avenue for an
event on March 15, 2013.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Orazem, to refer to staff the letter dated December 17, 2012, from
Kathy Svec, on behalf of the Ames Historical Society, requesting that $1203.15 of its allocation for
FY 2011/12 be carried forward into the FY 2012/13 Budget.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 8:17 p.m.
_____________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor