HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/05/2013 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 5, 2013
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 7:00 p.m. on
March 5, 2013, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from the Ames
City Council were Jeremy Davis, Matthew Goodman, Peter Orazem, Victoria Szopinski, and Tom
Wacha. Council Member Jami Larson was absent. Ex officio Member Baker was also present.
ACTING MAYOR FOR MARCH 11, 2013: Mayor Campbell noted that both she and Mayor Pro-Tem
Larson would be out of town on March 11, 2013. There will be a Special City Council Meeting on
that date, so an Acting Mayor needed to be named.
Moved by Davis, seconded by Wacha, to name Matthew Goodman as Acting Mayor for March 11,
2013, Special Meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
PRESEN TA TI ON OF GO VERNME NT FINA NCE OFFICERS ASSOCIA TI ON
DISTINGUISHED BUDGET PRESENTATION AWARD: The Mayor presented the Award to
Finance Director Duane Pitcher and Budget Officer Nancy Masteller. Mr. Pitcher reported that the
City had received this Award for the past 28 years. Director Pitcher recognized Carol Collings,
recently retired Budget Officer, for her years of service.
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 26, 2013
3.Motion approving Report of Contract Change Orders for February 16-28, 2013
4.Motion approving certification of civil service applicants
5.M otion app rov ing renew al of the follow ing beer permits, w ine permits, and liqu or licenses:
a.Class C Liquor & Outdoor Service – Coldwater Golf Links, 615 S. 16 Streetth
b.Class E Liquor – Kum & Go #113, 2801 E. 13 Streetth
c.Class A Liquor w/ Outdoor Service – Elks Lodge #1626, 522 Douglas Avenue
d.Class C Beer and B Wine – Swift Stop #5, 3218 Orion Street
e.Class C Liquor – Carlos O’Kelly’s Mexican Café, 631 Lincoln Way
f.Special Class C Liquor – Valentino’s, 823 Wheeler Street, #1
g.Class E Liquor, C Beer, and B Wine – Sam’s Club #6568, 305 Airport Road
h.Special Class C Liquor – The Spice Thai Cuisine, 402 Main Street
i.Class C Beer & B Native Wine – Swift Stop #4, 1118 South Duff Avenue
j.Special Class C Liquor – Lucullan’s Italian Grill, 400 Main Street
k.Class E Liquor – Kum & Go #227, 2108 Isaac Newton Drive
l.Class C Liquor – Café Northwest, 114 Des Moines Avenue
6.RESOLUTION NO. 13-097approving appointments to City’s various boards and commissions
7.RESOLUTION NO. 13-098 adopting Rental Housing Fees
8.RESOLUTION NO. 13-099 approving preliminary plans and specifications for Power Plant
Maintenance Services; setting May 1, 2013, as bid due date and May 14, 2013, as date of public
hearing
9.RESOLUTION NO. 13-100 approving contract and bond for 2012/13 West Lincoln Way
Intersection Improvements (Lincoln Way and Dotson Drive)
Roll Call Vote: 5-0. Resolutions/Motions declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
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PUBLIC FORUM: Catherine Scott, 1510 Roosevelt Avenue, Ames, spoke of her concerns about the
development proposed by Breckinridge for the former Middle School. She had been informed that
the land closing has been scheduled for April 1, 2013. Ms. Scott said that she had learned, from
attending two neighborhood meetings with the developer, that the type of project being proposed
is luxury student housing that consists of cottages with two to five bedrooms. The units are rented
by the bedroom. Each bedroom has its own bathroom, there is a common kitchen and social area,
there are no garages or basement, and there is 1.3 parking space/bedroom. The developer told the
attendees at the meetings that he is bringing this new product to the Ames market. Ms. Scott pointed
out that this type of development may not be what Ames wants brought to the local market.
According to Ms. Scott, the north and middle parcels of the former Middle School site are
designated as Residential - Low Density. The south parcel has a Floating Residential Suburban or
Village Residential designation, which allows for a slightly higher density. To Ms. Scott, Low-
Density Residential usually means neighborhoods with single-family homes and a few duplexes. She
does not believe the City ever envisioned to have an entire neighborhood designated entirely for
students or rented by the room. It is unclear to Ms. Scott whether the number of unrelated persons
being proposed for each unit would be allowed under Ames’ Code. She also noted that density has
been set for particular zoning designations, which allow for compatibility with existing
neighborhoods. Ms. Scott stated her opinion that this type of development did not seem to be
compatible with the surrounding neighborhood.
Ms. Scott said one of her main concerns with the Breckinridge proposed development is that it is
not flexible; it is solely for students - not appropriate for families or the elderly. As such, it would
be very difficult to retrofit, so if the development is allowed to go forward, the City would be
committing itself to always having only one type of development on the entire parcel. She said she
preferred housing that could be occupied by families or students.
Noting that the enrollment at Iowa State University had been increasing and was predicted to remain
at that level for the next ten years. The University is planning to provide more student housing and
the market is already attempting to meet the demand. Ms. Scott believes that Breckinridge had
looked for a niche market and thinks that it has found one in Ames. She relayed her belief that strong
neighborhoods with some diversity are ideal - those that allow people to remain in that
neighborhood for their entire lives. Ms. Scott hopes that the City will work towards that in the
redevelopment of the former Middle School land.
No one else asked to speak, and the Mayor closed Public Forum.
HEARING ON AMENDMENTS TO FISCAL YEAR 2012/13 BUDGET: Mayor Campbell opened
the public hearing. There being no one wishing to speak, the hearing was closed.
Moved by Goodman, seconded by Davis, to adopt RESOLUTION NO. 13-101 amending the budget
for the current Fiscal Year ending June 30, 2013.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON ADOPTION OF FY 2013/14 BUDGET: The Mayor opened the hearing. No one
requested to speak, and the hearing was closed.
Moved by Goodman, seconded by Szopinski, to adopt RESOLUTION 13-102 approving the FY
2013/14 budget.
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Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
1817 EAST LINCOLN WAY: City Planner Charlie Kuester summarized the background on this case.
He said that the owner of 1817 E. Lincoln Way is proposing a two-lot subdivision. It is a corner lot
with frontage on both Carnegie Avenue and East Lincoln Way. With the subdivision plat, the rear
lot would have frontage on Carnegie, which is a street that does not have sanitary sewer or a
sidewalk. The City’s subdivision regulations require that both sanitary sewer and sidewalk be
installed as part of the subdivision plat. The owner is seeking a waiver of those two requirements,
citing that the self-storage units currently on the site do not have a need for installation of a public
sewer and that there are no other sidewalks adjacent to the site. Mr. Kuester asked the Council to
decide whether the waivers of the subdivision standards should be granted.
Bud Ely, 3914 Valley View Road, Ames, told the Council that he has lived in Ames for 54 years.
He advised that his son owns the storage sheds, but the ground where they sit is owned by him. His
entire intent, for estate pre-planning, is to “gift” his son the ground where the sheds have been built.
According to Mr. Ely, his attorney has recommended that the land be subdivided so that he can
make the gift of the ground to his son. Mr. Ely owns the land adjacent to where the storage sheds
are; that is Bud’s Service Center, and his family will keep all the land together.
Council Member Goodman asked if the east/west road to the north of the property was paved.
Planner Kuester said that the road had been seal-coated. The site is located in a heavy industrial area.
There is a fragmented lot pattern; in the past, lots had been created without the necessary
infrastructure. Some of the land to the north is City-owned property, but there is some private
property on the east side of Carnegie that also does not have sewer or water. There are no structures
on that private property; it is also used for outdoor storage.
It was noted by Mr. Goodman that, from his experience on the City Council, subdivision requests
are the last chance the City has to require infrastructure on the property. At Mr. Goodman’s inquiry,
Planner Kuester said that the Council has waived the requirement for sidewalks in the past due to
topography constraints. Also, in response to Council Member Goodman’s question, Mr. Kuester said
that there currently are no sidewalks on either side of Carnegie Avenue.
Council Member Szopinski pointed out that it is difficult to know if the property to the north of the
site in question was going to develop. She felt the likelihood of that happening was slim, and she
hoped that a developer’s agreement could be signed so if the land to the north was ever sold and
developed, infrastructure on the land in question would be installed. Mr. Kuester said that it is
possible to do that, e.g., if there was a use that was going to require sewer or water, the owner of this
parcel would have to install sanitary sewer through the entire length of his property on the east side.
Mr. Kuester advised that, if that was approved by the Council, it would be best to require some sort
of financial security from the owner to ensure that commitment is guaranteed. After being
questioned by Council Member Davis, Mr. Kuester stated that there is a sanitary sewer on the north
side of Lincoln Way.
Planner Kuester advised that there is a requirement for sidewalk on only one side of the street in the
industrial area. The Future Lands Use Plan identifies the area in question as Industrial. Currently,
there are no sidewalks at all on Carnegie Avenue.
Council Member Wacha reiterated that after approval to subdivide is granted, the City loses its
leverage to require infrastructure. There are areas in Ames where there are gaps in sidewalks and
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paved streets; it is very difficult to get those gaps remedied because it wasn’t done when it should
have been paid for by the owner or developer. Mr. Wacha said it was important for the City to take
a long-range view.
Planner Kuester reported on possible options to help the Council determine whether or not to grant
a request of the subdivision standards for the installation of required infrastructure.
Council Member Goodman again noted that, when a property is subdivided, it is the City’s last
chance to require the installation of sidewalks.
City Manager Schainker added that if the City Council chose to waive either or both standards, it
could impose conditions so that, if necessary, the public infrastructure would be installed when
needed. Planner Kuester added that a development agreement could require the installation of both
the public sanitary sewer and the sidewalk at such time as any improvements that require water
service or sanitary sewer service are made to the rear lot. If this approach is selected by the Council,
the development agreement would be submitted for approval along with the subdivision plat at some
future meeting. Without the installation of the sanitary sewer by this applicant, if a property owner
to the north subsequently requested development, there would be a gap of infrastructure, similar to
the gap that the City Council had to resolve recently for electric service to the northern growth area.
Mr. Schainker advised that, short of requiring financial security to be held in the eventuality of
further development along Carnegie Avenue, there is not an easy mechanism to require payment
from this property owner should an abutting property later need sanitary sewer.
Moved by Wacha, seconded by Goodman, to deny the request for waiver of subdivision regulations.
Council Member Orazem disagreed with the motion, stating that he does not foresee the area in
question ever being a widely used pedestrian area. He expressed his dislike for snippets of sidewalk
being installed because they serve no function, other than just to add costs.
Council Member Goodman said that the Council had heard the argument several times that a
property owner should not have to install sidewalks because there are no other sidewalks in the area.
However, it is impossible for this Council to know that the area will always be just as it is today.
Mildred Ely, 3914 Valley View Road, Ames, stated that they purchased the property when it was
a dump. They cleaned it up, filled it in, and built storage sheds on that land. The City owns the land
behind the area in question; there are no sidewalks on that land. Currently, there is no sidewalk
anywhere around their property. Across the street is a junkyard; there are no sidewalks there either.
If they were made to install sidewalk, that sidewalk would be the only one and it would go nowhere.
Mrs. Ely told the Council that if they are made to install sidewalk and sanitary sewer, they will not
subdivide the land; they will leave it as it is. She said that they cannot afford it.
Vote on Motion: 2-3. Voting aye: Goodman, Wacha. Voting nay: Davis, Orazem, Szopinski.
Motion failed.
Moved by Goodman, seconded by Orazem, to ask the owners to work out an agreement that if
sidewalk is constructed to the north of the property in question, or the property to the north is
subdivided, the owner of 1817 E. Lincoln Way would install, at their own costs, sidewalk to connect
to it.
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Council Member Orazem asked if there was a legal way to attach the sidewalk requirement to the
property even if it passes from one person to another. Acting City Attorney Judy Parks said that the
agreement would be made subject to any future owner and/or assigns, and the document would be
recorded. Ms. Parks said the same could be done in regards to the sewer; however, she could not
recall any instance where the City had done anything similar.
Vote on Motion: 4-1. Voting aye: Davis, Goodman, Orazem, Szopinski. Voting nay: Wacha.
Motion declared carried.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 13-106 requiring the
owner of 1817 E. Lincoln Way to install sanitary sewer when subdividing the land.
Council Member Goodman justified his position, stating that, it is unknown what the future might
bring, and when an exception is made, it creates an unfair burden to all taxpayers in the future
should the area further develop.
Vote on Motion: 4-1. Voting aye: Davis, Goodman, Orazem, Szopinski. Voting nay: Wacha.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
2013/14 AMES ANNUAL OUTDOOR SCULPTURE EXHIBITION SCULPTURES: Committee
Chairperson Greg Fuqua introduced Commission Members Kathranne Knight and Firth Whitehouse.
Mr. Fuqua showed pictures of the five sculptures that were chosen for the Exhibition and the five
alternates. He explained the process for recruiting artists to participate in the program. In April, sites
will be chosen for placement of the sculptures.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 13-103 to approve the 2013/14
Ames Annual Outdoor Sculpture Exhibition sculptures, as follows:
1.Pivo t b y Jame s An tho n y B e a rd en , De s Mo in e s, Io wa
2.Bunny by Jeff B rew er, N acogdoch es, Tex as
3.Im m a ter ial by C hris W ub be na , Jack son , M issou ri
4.Transpond er by Steve Elliott, W ayne, N eb raska
5.H orse b y Jo hn H o w a rd , H ine sv ille, G eo rgia
an d five alterna tes, as follow s:
1.B lac k B ird b y Jame s B eard e n, Des Mo in es, Io wa
2.Tree by J eff B r ew er, N acogdoch es, Tex as
3.M us o’s Thought by Stev e M aeck, Floral Ci ty , Florida
4.Im bro g lio b y Z a c h a ry S c hn o c k , C e dar F a lls , Io wa
5.P ray er T orso b y V. S k ip Willits, C ama nch e, Iowa
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
REQUEST FOR WAIVER OF PARKING METER FEES FOR STORY COUNTY
COMMISSION OF AMES VETERANS AFFAIRS: Moved by Davis, seconded by Szopinski, to
adopt RESOLUTION NO. 13-107 approving a waiver of fees for meters surrounding 516 Kellogg
Avenue for a Story County Commission of Ames Veterans Affairs event on Friday, March 15, 2013.
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Brett McClain, 126 South Kellogg, Ames, spoke as the Director of the Story County Commission
of Ames Veterans Affairs. He explained that the event to be held on March 15, 2013, would be the
first “Homeless Standdown,” and told the Council how the event came into being. A meal will be
served to the homeless and those nearly homeless. The event will be held at the First United
Methodist Church at 516 Kellogg, and the affected parking would be adjacent to the Church in the
500 Block of Kellogg Avenue and 200 Block of 5 Street, respectively. The parking would be usedth
by their volunteers and staff from the Veterans Administration Hospital, who will provide medical,
dental, and vision care.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
INTEGRATED NETWORK STORAGE SOLUTION: Moved by Davis, seconded by Goodman, to
adopt RESOLUTION NO. 13-104 awarding a contract to RSM McGladrey of Des Moines, Iowa,
in the amount of $105,753 for the purchase of Integrated Network Storage Solution.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
RETENTION OF OUTSIDE COUNSEL TO ASSUME CITY PROSECUTIONS: Acting City
Attorney Judy Parks advised that Assistant City Attorney Kristine Stone had recently accepted the
position of City Attorney of Bettendorf, Iowa, and will be assuming that post on April 1. In her
current position for the City of Ames, Ms. Stone handles all of the criminal and infraction
prosecutions. Since the caseload is continual and time-sensitive, it would be very difficult for Acting
City Attorney Judy Parks to undertake the additional work. The proposed temporary resolution is
to authorize the prosecutions be done on the City’s behalf by Dorsey & Whitney, the Des Moines
firm that was retained on a standby basis shortly after City Attorney Marek resigned.
Council Member Wacha recalled that the Dorsey & Whitney firm had approached the City a couple
years ago offering to handle prosecutor services on a pro-bono basis as part of the firm’s
commitment to participate in programs that serve the public interest. Ms. Parks advised that the pro-
bono services are no longer being offered; that was a short-term arrangement to allow attorneys from
Dorsey & Whitney to gain litigation experience. Ms. Parks requested approval to use up to $10,000
of the previously allocated $50,000 to retain Dorsey & Whitney to handle City prosecutions as long
as the staffing situation makes it necessary.
Moved by Davis, seconded by Goodman, to adopt RESOLUTION NO. 13-108 authorizing the
retention of outside counsel to assume City prosecutions.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
RESIDENT SATISFACTION SURVEY: Public Relations Officer Susan Gwiasda stated that the City
is again working with Iowa State University’s Institute for Design Research and Outreach to
produce, distribute, and analyze the 2013 Resident Satisfaction Survey. Each year, a small amount
of space is reserved for a current issue question(s) to be added. Ms. Gwiasda had provided a list of
potential topics for additional survey questions and asked the Council to come to consensus on any
new questions to be explored. She said the consultant had asked her to remind the Council, if
additional questions are suggested, to think of two things: is the information already available
somewhere else and what would be done with the information.
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Council Member Wacha pointed out that it would be beneficial to know the perceived need for
continued tax-funded public WiFi hot spots at outdoor locations; however, that information should
be able to be gleaned from the data of how many people are connecting and for long. He suggested
that a question about the Yard Waste Free Day would be a good one since the City recently changed
the service provider and location. Ms. Gwiasda said that the timing of the Survey could be an issue
for that question. Yard Waste Free Day is set for April 27, and the Survey would be sent out at the
end of March or beginning of April. Some respondents may base their response on past Free Day
experiences.
Council Member Goodman would like to know if people would be willing to pay more for an
increased level of service for Yard Waste Free Day (perhaps more than one day so there would be
shorter lines) or pay less for a decreased level of service.
Council Member Szopinski said she would like a little more time to get input from others on
possible questions. Ms. Gwiasda said that the Survey needs to be sent out by the end of March, and
it takes some time to assemble it.
Council Member Orazem expressed his frustration over the length of time it takes to get shared use
paths built. He wondered if it would be possible to ask people’s willingness to volunteer to help
build shared use paths if the design and engineering is provided by the City. Discussion ensued
about potential liability issues if volunteers are used to build City trails. City Manager Schainker
agreed to talk to Public Works about that concept.
Council Member Szopinski would like to ask the public if they wish for the City to revisit the issue
of the lack of owner-occupied property maintenance standards. Ms. Gwiasda said she thought that
was included on a past Survey. It was recalled that the question had been sent out on a separate
Web-based survey approximately four or five years ago. City Manager Schainker said it could be
included in this year’s Survey.
Council Member Davis questioned whether it was cost-effective to mail out the paper version of the
Resident Satisfaction Survey rather than transitioning to an all-electronic version. Ms. Gwiasda
advised that the City does not have a good database of e-mail addresses for the general population
to have a scientific survey through e-mail. It can be done through the University because the City
uses their database, and it can be randomly surveyed. Mr. Schainker noted that presently, utility
customers are not required to provide their email addresses. The City does not have an email address
for every customer. If that is something the Council wants, it would be necessary to mandate that
information on utility applications. Ms. Gwiasda noted that the consultants had told her that the
response rate to surveys where the respondent is directed to go to a web site is extremely poor - 1
or 2%. It is an extra step that people do not want to take the time to do. At the inquiry of Council
Member Davis, Ms. Gwiasda answered that the City spends approximately $2/booklet with postage.
It sends out 1,350.
ORDINANCE MAKING MODIFICATIONS TO MUNICIPAL CODE CHAPTER 21 (SIGN
CODE): Moved by Szopinski, seconded by Davis, to pass on second reading an ordinance making
modifications to Municipal Code Chapter 21 (Sign Code).
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE MAKING MODIFICATIONS TO MUNICIPAL CODE APPENDIX N RELATING
TO THE TITLES OF CHAPTERS 5 AND 21: Moved by Goodman, seconded by Wacha, to pass on
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second reading an ordinance making modifications to Municipal Code Appendix N relating to the
titles of Chapters 5 and 21.
Roll Call Vote: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Ex officio Sawyer Baker announced that Ames had been named as the
“Second Best College Town for Populations Under 250,000" by the American Institute for
Economic Research. She named some of the factors used to make that determination. Mayor
Campbell noted that USA Today had reported it as well.
CLOSED SESSION: Moved by Davis, seconded by Wacha, to hold a Closed Session as provided by
Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy.
Roll Call Vote: 5-0. Motion declared carried unanimously.
The meeting reconvened in Regular Session at 8:18 p.m.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 12-105 ratifying the contract
with the Public, Professional, and M aintenance Employees (PPM E).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ADDITIONAL COUNCIL COMMENTS: Council Member Goodman asked about the zoning
designations for the three parcels of the former Middle School that are in the process of being sold
to the Breckinridge developers. City Manager Schainker clarified that two parcels are zoned Low-
Density Residential and one is zoned Suburban Residential. The Low-Density Residential parcels
are already developed areas; it is only the Suburban Residential parcel that is in the New Lands area.
The City Council would make the decision as to what zoning designation would be applied to the
Suburban Residential. Mr. Goodman asked what the time line would be if the Council has any
interest in ensuring that the Suburban Residential parcel would be low-density. Specifically, he
wanted to know if it would be made more difficult if the new owner was in possession of the
property. Mr. Schainker said staff would have to check the Iowa Code, but there are some
provisions for protesting the zoning designation. Depending on whether criteria are met for
validating the protest, it could force the number of votes required to make the change to three-
fourths of the Council or five votes instead of four. The Council was also informed that the property
owner may apply for rezoning or the City Council may initiate the rezoning.
Moved by Goodman, seconded by Szopinski, to direct staff to provide, at the March 26, 2013,
Council meeting, a report on the rezoning process and options for the former Middle School.
Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 8:31 p.m.
_____________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor