HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/24/2013MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 24, 2013
Mayor Ann Campbell called the Regul ar Meeti ng of the Ames City Counc il to ord er at 7:00 p.m.
with Council Members Jeremy Davis, Matthew Goodman, Jami Larson, Peter Orazem, and Tom
Wacha. Council Member Victoria Szopinski and ex officio Council Member Alexandria Harvey
arrived at 7:53 p.m.
CONSENT AGENDA: Mayor Campbell announced that Item 8b., the Public Art Commission’s
request to carry over funding, was being pulled in order to allow a member of the Commission to
further explain it. In addition, staff had requested that Item No. 14, pertaining to the CyRide Bus
Facility Expansion Project Change Order No. 10, be pulled for separate discussi on.
Moved by Davis, seconded by Larson, to approve the following items on the Consent Agenda:
1.Motion ap proving p ayment of cl aims
2.Motion approving Minutes of Regular Meeting of September 10, 2013
3.Motion approving Report of Contract Change Orders for September 1-15, 2013
4.Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a.Class C Beer & B Wine – K Mart #3971, 1405 Buckeye Avenue
b.Class C Beer & B Wine – Hy-Vee Gas #5018, 636 Lincoln Way
c.Class C Beer – Doc’s Stop No. 5, 2720 East 13th Street
d.Class C Liquor & B Native Wine – AJ’s Ultra Lounge, 2518 Lincoln Way
e.Class E Liquor, C Beer, & B Wine – Hy-Vee Food Store #1, 3800 West Lincoln Way
f.Class E Liquor, C Beer, & B Wine – Hy-Vee Food & Drugstore #2, 640 Lincoln Way
5.Motion to set the following City Council meeting dates:
a.January 21, 2014, at 5:15 p.m. for CIP Workshop
b.January 31, 2014, at 2:00 p.m. for Budget Overview
c.February 4, 5, 6, and 11, 2014, at 5:15 p.m. for Budget Hearings/Wrap-Up
d.March 4, 2014, at 7:00 p.m. for Regular Meeting and Final Budget Hearing
6.RESOLUTION NO. 13-440 approving and adopting Supplement No. 2013 -4 to Ames Municipal
Code
7.RESOLUTION NO. 13-441 approving 2013 Street Finance Report
8.Public Art Commission:
a.RESOLUTION NO. 13-442 changing one-year appointee position to three-year term
9.RESOLUTION NO. 13-444 awarding contrac t to Nutri -Ject Sys tems of Hudson, Iowa, in an
amount not to exceed $139,859.38 for three-year Biosolids Disposal and Digester Cl eaning
Operation
10.RESOLUTION NO. 13-445 awarding contract to WESCO Distribution of Des Moines, Iowa,
in the amount of $192,343.20 (subject to metals adjustment at time of order) for the purchase
of 750 KCMIL Cable
11.RESOLUTION NO. 13-446 approving contract and bond for Water Pollution Control Facility
Methane Engine-Generator Set No. 2 Rehabilitation
12.RESOLUTION NO. 13-447 approving contract and bond for Water Pollution Control Trickling
Filter Pumping Station Check Valve Replacement
13.RESOLUTION NO. 13-448 approving contract and bond for Control Panels for Ames Plant
Switchyard
14.RESOLUTION NO. 13-450 approving balancing Change Order and Final Acceptance of
2010/11 and 2011/12 Asphalt Resurfacing and Seal Coat Removal/Asphalt Reconstruction
Program
15.RESOLUTION NO. 13-451 approving Plat of Survey for 2302 and 2308 Sundown Drive
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16.South Fork Subdivision, 5th Addition:
a.RESOLUTION NO. 13-452 accepting partial completion of public improvements
b.RESOLUTION NO. 13-453 approving Major Final Plat
Roll Call Vote: 5-0. Resolutions/Motions declared adopted/carried unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
PUBLIC ART COMMISSION REQUESTS: Greg Fuqua, Co-Chair of the Public Art Commi
ss io n ,
c i t e d
several
reasons
w h y
t h e
Commi
s s i o n
ne eded
to carry
o v e r
unspent
funding
f r o m
t h e
Commi
ssion ’s
Fisca l
Y e a r
(F Y )
2 0 12/1
3
Budget
to it s
Fisc a l
Y e a r
2 0 13/1
4
Budget
. H e
told the
Counci
l tha t
paym e
n t o f
t h e
$1,20 0
ap p ro v
ed for
artisti c
b i k e
r a c k s
3
in the
Down t
o w n
woul d
not be
m a d e
u n t i l
2 0 1 4 .
A l s o ,
the Art
in the
P a r k s
p roject
i s a
m ulti -
y e a r
endeav
or and
r equire
s three
to five
y e a r s
o f
funding
t o
comple
t e ;
therefo
re, the
Commi
s s i o n
woul d
like the
balance
o f
$7,20 6
t o b e
a dde d
to the
F Y
201 3 /1
4
allocati
o n .
L a stly ,
t h e
Commi
s s i o n
propo s
4
ed that
t h e
$6,39 7
balance
f r o m
i t s
2 0 12/1
3
allocati
on be
a dd e d
to the
Neighb
o rho od
A r t
Progr a
m for
20 1 3/1
4 and
be used
to pay
for the
purch a
se and
installa
tion of
a dditio
n a l
neigh b
o rhood
a r t
t hr ou g
h o u t
t h e
C i t y .
Deman
d fo r
t h a t
P rogr a
m has
increas
ed and
t h e
sculptu
res are
m o r e
exp e n s
i v e
than in
5
p a s t
years.
Moved by Goodman, seconded by Larson, to adopt RESOLUTION NO. 13-443 approving the
request to carry-over of 2012/13 Fiscal Year unspent fund balance to 2013/14 Fiscal Year.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
CYRIDE BUS FACILITY EXPANSION PROJECT: Transit Director Sheri Kyras explained that
the Council Action Form had stated that the Transit Board would be meeting on September 23,
and its decision on this matter would be provided at this meeting. There was not a quorum of
the Transit Board members present on September 23; therefore, no meeting was held. Ms. Kyras
asked that the City Council approve the Change Order, contingent upon approval of the Transit
Board.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 13-449 approving CyRide
Bus Facility Expansion Project Construction Change Order No. 10, contingent upon approval
of the Transit Board.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: No one spoke during this time.
REQUESTS FROM MAIN STREET CULTURAL DISTRICT (MSCD) TO EXTEND
FARMERS’ MARKET THROUGH OCTOBER 5, 2013: Moved by Davis, seconded by Larson,
to adopt/approve:
1.RESOLUTION NO. 13-454 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 s paces in 3 00 block o f Main Str eet, from 5:00 a.m. to 1:00 p.m.
2.Motion approving blanket Temporary Obstruction Permit and blanket Vending Permit for
entire Ce ntral Bus iness Dis trict fr om 8:00 a.m. t o 6:00 p.m.
3.RESOLUTION NO. 13-455 approving waiver of fee for blanket Vending Permit
Roll Call Vote: 5-0. Resolutions/Motion declared adopted/carried unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
5-DAY LICENSES FOR OLDE MAIN BREWING COMPANY: Moved by Davis, seconded by
Larson, to approve:
1.Special Class C Liquor (October 2-6) at ISU Alumni Center, 420 Beach Avenue
2.Special Class C Liquor (October 9-13) at ISU Alumni Center, 420 Beach Avenue
3.Special Class C Liquor (October 9-13) at Reiman Gardens, 1407 University Boulevard
Vote on Motion: 5-0. Motion declared carried unanimously.
TEMPORARY OUTDOOR SERVICE AREA FOR MUCKY DUCK PUB: Moved by Goodman,
seconded by Davis, to approve a Temporary Outdoor Service Area on September 28, 2013, for
The Mucky Duck Pub, 3100 South Duff Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
HUTCHISON STREET ENCROACHMENTS: Public Works Director John Joiner explained that
staff had discovered a number of encroachments into the unimproved Hutchison Street right-of-
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way during a recent rental inspection of the properties. Further research r evealed that the
encroachments, consisting of garages, driveways, and a shed, have existed for a number of years.
The owners of 1311 Georgia Avenue and 1401 Georgia Avenue have now requested that the City
vacate the right-of-way and convey it to them at no cost. The two properties are located
approximately one block west and one block north of the intersection of North Dakota Avenue
and Ontario Street.
According to Mr. Joiner, the Hutchison Street area in question is approximately 7,500 square feet
in size. If vacated, it would be evenly divided between the two abutting properties. The house and
garage at 1401 Georgia Avenue were both built in 1940. The house at 1311 Georgia was built in
1900 and the garage, in 1930. The area was annexed into the City of Ames in 1962. The platting
for the Ontario West First Subdivision was done in 1977, and contains a note that the stub of
Hutchison Street was vacated; however, there is no record that that actual ly ever occurred. The
platting of that Subdivision precluded the right-of-way from ever being a useful part of the City’s
transportation network. There are no utilities in t hat area of Hutchison.
Mr. Joiner recalled that the City had received letters from the owners of 1311 Georgia Avenue
and 1401 Georgia Avenue requesting that the rights-of-way be divided in half and transferred to
them without charge.
Council Member Larson noted that it was very likely that the properties had transferred to other
owners since 1962. He felt that attorneys should have caught this problem during the process of
a property transfer. City Attorney Parks concurred and stated that it should have been caught in
any transfers; however, it had just been brought to the staff’s attent ion.
Norma Elwick, 1301 Florida, Ames, stated that she and her husband have owned the property
at 1311 Georgia since 1982; they have maintained the property for over 30 years. She said that
she and her husband have no intention of building something else on the property, but if they did
decide to sell it, this would cause a problem for the title transfer. Ms. Elwick said they did contact
the City approximately six years ago about this situation. They were referred t o several different
people, but no one ever solved the issue. She asked the Council to approve Option 2, which was
to convey the land in question at no charge to the abutting property owners.
Rebecca Reisinger, 612 Kellogg Avenue, Ames, identified herself as an attorney representing
Helen Anderson, the owner of property at 1401 Georgia Avenue. Ms. Reisinger advised that Ms.
Anderson had purchased that property in the 1970's. The structures had been in place since the
1940's. The first Ms. Anderson knew about the issue was in May 2013 when she was contacted
by the City. Ms. Reisinger told the Council that this appeared to be a unique situation where the
structures pre-dated the annexation of the property to the City. On behalf of Ms. Anderson, whose
health issues would not allow her to attend this meeting, Ms. Reisinger asked that the City
Council convey the property in question to abutting property owners a t no cost.
Moved by Davis, seconded by Orazem, to convey the property in question to the abutting
property owners at no cost.
Council Member Davis qualified his motion by stating that staff had noted in its report that the
platting for the subdivision in 1977 had contained a note that the “stub of Hutchison Street was
vacated,” although there appears to be no record of that. He felt that it was possible that the
document just didn’t get recorded. In Mr. Davis’s opinion, the situation was unique.
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Council Member Goodman asked if conditions could be placed on the Encroachment Permit that
if the property were ever transferred, the new property owner would purchase t he right-of-way
from the City. City Attorney Parks replied that she is un sure whether the City would have the
authority to place conditions on an Encroachment Permit.
Citing the City’s policy to charge abutting property owners for vacated rights-of-way, Council
Member Larson expressed his concern of the precedent that would be set if no fee were charged.
He believes that there could be all kinds of situations similar to this one, and he does not want
to put future Councils in the predicament of having to judge what the intent was many years ago.
Council Member Wacha said he shared that same concern.
Council Member Goodman recalled a similar issue that had occurred in 2010 with property on
East Lincoln Way where Friedrich Realty had installed asphalt parking over City right-of-way.
He noted that the easement had been vacated and conveyed to the Friedrichs at no charge. Public
Works Director Joiner elaborated that the property had b een the Iowa Department of
Transportation’s (IDOT) right-of-way. It was then transferred to be under the City’s jurisdiction.
The IDOT had reduced the width of the right-of-way, but when the City received it, it had not
recognize the reduced width. Mr. Goodman relayed his recommendation that the City not charge
for the Hutchison right-of-way because it is a unique situation just like - albeit not identical
circumstances - the Friedrich/East Lincoln Way case. He thought the land on East Lincoln Way
was much more valuable that the land in question, and it had been gifted to the existing property
owner.
Vote on Motion: 4-1. Voting aye: Davis, Goodman, Orazem, Wacha. Voting nay: Larson.
Motion declared carried.
HEARING ON 2013/14 WATER SYSTEMS IMPROVEMENTS - WATER MAIN
REPLACEMENT (SHELDON AVENUE): Mayor Campbell opened the public hearing. There
being no one wishing to speak, the Mayor closed the hearing.
Moved by Goodman, seconded by Davis, to adopt RESOLUTION NO. 13-456 approving final
plans and specifications and awarding a contract to Synergy Contracting of Bondurant, Iowa, in
the amount of $156,048.85.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON AMES PLAT SUBSTATION IMPROVEMENTS: The Mayor opened the hearing
and closed same after no one came forward to speak.
Moved by Wacha, seconded by Davis, to adopt RESOLUTION NO. 13-457 approving final plans
and specifications and awarding a contract to Harold K. Scholz Company of Ralston, Nebraska,
in the amount of $632,472.96 (inclusive of applicable sales taxes).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2013/14 ASPHALT/SEAL COAT STREET REHABILITATION AND 2013/14
WATER SYSTEM IMPROVEMENTS PROGRAM - WATER MAIN REPLACEMENT
(TRIPP STREET, SOUTH FRANKLIN AVENUE, VILLAGE DRIVE): The public hearing was
opened by Mayor Campbell. She closed the hearing as there was no one who asked to speak.
8
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 13-458 approving final plans
and specifications and awarding a contract to Synergy Contracting of Bondurant in the amount
of $495,642.00.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON REPLACEMENT SUPERHEATER ATTEMPERATOR: Mayor Campbell
opened the public hearing. No one requested to speak, and the hearing was clos ed.
Moved by Goodman, seconded by Davis, to accept the report of bids and delay award of the
contract.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON SUNSET RIDGE SUBDIVISION, 5TH ADDITION HMA PAVING PROJECT:
The hearing was opened by the Mayor. She closed same as there was no one wishing to speak.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 13-459 approving final
plans and specifications and awarding a contract to Manatt’s, Inc ., of Ames, Iowa, in the amount
of $144,060.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2012-13 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER) PURSUANT TO HOUSING AND COMMUNITY DEVELOPMENT ACT:
The public hearing was opened by Mayor Campbell. No one came forward to speak, and the
Mayor closed the hearing.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 13-460 accepting the Report.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE TO REVISE SECTION 29.401(5) PERTAINING TO MORE THAN ONE
STRUCTURE ON SAME LOT: Moved by Larson, seconded by Wacha, to pass on second reading
an ordinance revising Section 29.401(5) to eliminate provision [c] pertaining to mo re than one
single-family or two-family structures on same lot (continued from August 27, 2013.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO WEIGHT OF TRUCKS SERVING SPECIAL USE PERMIT
USES IN RESIDENTIAL ZONES: Moved by Goodman, seconded by Orazem, to pass on third
reading and adopt ORDINANCE NO. 4159 revising Municipal Code Section 29.1503(4) (b) (iii)
pertaining to the weight of trucks serving Special Use Permit Uses in residential zones.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REVISING APPENDIX Q PERTAINING TO WATER METER FEES: Moved
by Goodman, seconded by Davis, to pass on third reading and adopt ORDINANCE NO. 4160
revising Appendix Q pertaining to Water Meter Fees.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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PRESENTATION OF RESULTS OF RESIDENT SATISFACTION SURVEY: Public Relations
Officer Susan Gwiasda reviewed the results of the 31st Annual Resident Satisfaction Survey. The
Survey was conducted with the assistance of Iowa State University’s College of Design Institute
of Design Research and Outreach. It was distributed to 1,350 utility bill customers by U. S. Mail
and 1,000 surveys were sent via e-mail to ISU students. There were 521 surveys returned, which
was a response rate of 24%; that increased from 21% in 2012. Overall satisfaction was rated as
good/very good by 98% of the respondents.
FUNDING AGREEMENT WITH AMES COMMUNITY PRESCHOOL FOR PURCHASE
OF PLAYGROUND EQUIPMENT: Parks and Recreation Director Keith Abraham said that,
following the City Council’s direction concerning this issue, staff had prepared an agreement.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 13-461 approving the
agreement with ACPC to provide funding for the purchase of playground equipment.
Roll Call Vote: 4-0-1. Voting aye: Davis, Goodman, Larson, Orazem. Voting nay: None.
Abstaining due to conflict of interest: Wacha. Resolution declared adopted, signed by the Mayor,
and hereby made a portion of these Minutes.
ISU RESEARCH PARK EXPANSION: Planning and Housing Director Kelly Diekmann stated
that this item was in response to the City Council’s referral on September 17, 2013, of a letter
from Steven Carter, Director of Iowa State University Research Park Corporation. In that
letter, Mr. Carter had requested that the City Council initiate the process to amend the Ames
Urban Fringe Plan in preparation for an upcoming annexation request. According to Director
Diekmann, this would be the first step in a multi-step process to facilitate expansion of the
Research Park. If approved, the amendment to the Ames Urban Fringe Plan would change
the designation of the expansion area, which is approximately 200 acres, from Transitional
to a planned Urban Service Area. Mr. Diekmann stated that, if the Council members are
agreeable to direct staff to initiate the process for the amendment, there would be a number
of steps that would be brought back to them by staff over the next few months.
Moved by Goodman, seconded by Davis, to direct staff to initiate the process to amend the Ames
Urban Fringe Plan to change the designation of the Research Park proposed expansion area from
Transitional to Planned Urban Service Area.
Vote on Motion: 5-0. Motion declared carried unanimously.
The meetin g recess ed at 7:50 p.m. and rec onvened a t 7:56 p.m.
Council Member Victoria Szopinski and ex officio Member Alexandria Harvey arrived at 7:53.
REQUEST OF BRECKENRIDGE LAND ACQUISITION FOR LUPP MEDIUM-DENSITY
AMENDMENT: Karen Marren, City Planner, recalled that the City Council had referred to staff the
letter from Charles Vatterott, representing Breckenridge Ames Iowa, LLC, concerning the former
Middle School athletic field site at 205 S. Wilmoth Avenue, which is the north parcel of the three
parcels owned by Breckenridge Land Acquisition. The request is for a change to the Land Use
Policy Plan (LUPP) designation of the site fro m Low-Density Reside ntial (RL) to Medi um-
Density Residential (RM). According to Ms. Marren, the RM classification i s desired by the
applicants; however, they would be open to considering a limited amount of Highway-Oriented
Commercial adjacent to the Lincoln Way frontage if Council would prefer.
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Ms. Marren advised that the parcel is an 8.3-acre parc el at 205 S. Wilmoth Avenue. It is currently
designated as Low-Density Residential on the LUPP Map. It is zoned S-GA (Government/Airport
District). The site abuts three parcels to the northeast that are also designated as Low-Density in
the LUPP; however, they are zoned High-Density Residential. There is some High-Density land
designation farther to the east. The site abuts Low-Density-zoned development to the east, west,
and south. The parcel also abuts a Wendy’s restaurant at the northwest corner of the site.
Planner Marren pointed out that the background information on the request was contained in the
Council Action Form. The City Council members were being asked to (1) determine whether or
not they wished to proceed with the LUPP Amendment, and (2) if so, whether it would be a
Major or Minor Amendment.
The Council was reminded that, in 2008, when it looked at Government Lands in terms of
designating them for future use, there were options presented for the land in question. The land
designation approved for the parcel at that time was Low-Density Residential.
Council Member Orazem asked if the land designation as Low-Density Residential was requested
by the School District. Planning and Housing Director Kelly Diekmann replied that, after hearing
options, the City Council had, in 2007, directed staff to meet with School District officials and
ask them what their preference was for the designation. At that time, the School District was
indifferent; however, agreed that Low-Density would be a good option, although it might not
bring the highest value. The Council decided to approve Low-Density, and the School Board did
not object to that designation. Council Member Larson said he thought that the Council and
School District Board had met in a joint meeting; the decision was based on a joint conversation
between the two entities. The School District, at that time, was interested in maintaining as many
of its properties as possible as Low-Density in order to have more housing in the District.
Council Member Szopinski read an excerpt from the Minutes of the April 17, 2007, Joint Meeting
between the City Council and Ames Community School District. Mayor Campbell recalled that
the sale of land immediately to the south of the new Middle School, and there was concern on the
part of the School District about the fact that the land had not been zoned Low-Density. That
prompted the study of all Government Lands and the overly.
Council Member Goodman shared his opinion that the biggest result of the study was that it
would never again be the case of investors not understanding the curre nt anticipated use of the
land. This really then put the onus on the investors to ensure that they understand the designated
land use and zoning for the property.
Mayor Campbell noted for the record that a hand-written letter from Elaine Bath, 524 Forest
Glen, Ames, had been received just prior to this meeting and placed around the dais. Ms. Bath
was requesting that the City Council reject the Breckenridge request to rezone the property to
Medium Residential.
Michael Peterson, 3302 Morningside Street, Ames, identified himself as a member of the College
Creek/Old Ames Middle School Neighborhood Association. He stated that the current LUPP
promotes the idea that any new development will fit in with existing neighborhoods. It was Mr.
Peterson’s belief that if the zoning is changed from RL to RM, up to 745 bedrooms could be
added to the North Parcel alone. If a commercial strip were to be added to the North Parcel, the
number of bedrooms that could be added would be anywhere from 479 to 657. Mr. Peterson said
that Breckenridge had expressed a desire to be good neighbors; however, he does not think that
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will happen because of its track record in other communities. He feels that if Breckenridge truly
wants to be good neighbors, it would not promote its development as “student-housing-oriented,”
would stay with RL zoning for all three parcels, and promote single-family occupancy in all
housing. According to Mr. Peterson, the City of Ames needs families with children to attend the
Ames Community School District. He believes that student housing is being addressed in other
areas of the City. He urged the City Council to retain the designation of RL for all three parcels.
It was alleged by Mr. Peterson that ramifications of the Council’s decision would go far beyond
the land in question.
Duffie Lorr, 233 Hilltop Road, Ames, identified herself as a member of the College Creek/Old
Ames Middle School Neighborhood Association. Ms. Lorr said that her property is locate d one
block south of the North Parcel. Ms. Lorr expressed her appreciation of forward policy planning
and vision of neighborhoods offered by the City. She read four goals contained in the LUPP that
were pertinent to this issue. Ms. Lorr noted her participation in the charrettes pertaini ng to the
proposed development and described her conversations with the developer’s representative, Scott
Renaud. When told that the LUPP designation for the area was single-family Low-Residential,
Mr. Renaud had replied that the developer would ask for a change to the LUPP. Ms. Lorr stated
that Breckenridge had a history of asking for LUPP, Master Planning Policy, and Master Plan
Amendments in order to increase the allowed density. She provided documentation highlighting
amendments that had been requested in other communities wherein Breckenridge had developed
(San Marcos, TX; Tuscaloosa, AL; Clemson, SC; Reno, NV; Columbia, SC; Rockingham
County, VA; Charlotte, NC). Ms. Lorr told the Council that Breckenridge also had a history of
actions that had caused unpleasant ramifications, with the most-recent being in Harrisonburg, VA,
and Columbia, MO. She noted that her neighborhood already had been affected by a change in
density with the apartment developments behind the West HyVee store. Such change can have
an unwanted effect on the value of properties, not only for homeowners and landlords. Ms. Lorr
contended that Breckenridge does not care about the ramifications. She believes “what is
important to Breckenridge is Breckenridge Company’s bottom line.
Ms. Lorr also stated that her low-density residential neighborhood already offers house
experience for students; “the students like it and the other residents like the students.” Her
neighborhood is very diverse. She stated that she was worried about the Ames LUPP and vision
for neighborhoods and is very opposed to changing the LUPP for the North Parcel from low-
residential to medium-residential.
Julian Birch, 2925 Arbor Street, Ames, identified himself as a member of the College Creek/Old
Middle School Neighborhood Association. He stated that his neighborhood, with strong support
from residents across Ames, had expressed its opposition to the Breckenridge proposal of a
concentrated student housing project. Mr. Birch believes that the impacts and consequences of
the project are clearly foreseeable. Rezoning the North Parcel to RM would provide the potential
for concentrated student housing. It was Mr. Birch’s opinion that the need for affordable single-
family homes close to Campus exceeds that of block University housing or additional businesses
on the north parcel. Additional businesses would be better loc ated in a Campustown business
development area. Mr. Birch respectfully urged the City Council to zone the North Parcel, as well
as the Middle and South Parcels, as Low-Density Single-Family housing.
Julia McGinley said she and her partner, Marcy Webb, own the property at 2802 Arbor Street,
Ames. They love their neighborhood, which will be impacted by the Council’s decision on the
request of Breckenridge. Ms. McGinley believes that the City’s vision for low-de nsity single-
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family zoning suits the College Creek/Old Ames Middle School Neighborhood. She explained
her concerns about the quality of life and safety for her neighborhood’s residents. According to
Ms. McGinley, there is currently a balance - a symbiotic relationship with the level of student
presence and the neighbors on her neighborhood streets. In Ms. McGinley’s opinion, adding 745
student neighbors to an area already impacted by its closeness to the University would not keep
that balance. It would not be in keeping with the City’s stated goal of conservi ng existing
neighborhoods. Ms. McGinley implored the City Council to support the original vision for
single-family RL zoning for the North Parcel and reject any requests to change the LUPP.
Barbara Pleasants, 516 Lynn Avenue, Ames, identified herself as a member of the South Campus
Neighborhood. She urged the City Council not to change the LUPP. Ms. Pleasants believes that
any kind of change adds to the threat to a decreased quality of life for those in the older parts of
the City. She said that the City should adhere to the principles of the Plan, including “the
importance of compatibility with existing neighborhoods in appearance and use.” To change the
Plan at Breckenridge’s request would set a very bad precedent. According to Ms. Pleasants,
Edwards and the former Crawford Elementary Schools will be properties that will face similar
requests in the future. It was pointed out by Ms. Pleasants that, in 2008, the Ames School Board
stated its preference for low-density residential so that there could be homes for families with
children. She urged the Council to “let that happen.”
Pat Brown, 3212 West Street, Ames, stated that she had served on the Ames Community School
Board when the probability of closing schools due to declining enrollment was first being
discussed. According to Ms. Brown, the Board spent a year discussing land use, and the City
created focus groups. She noted that the main concern of the School Board at that time was
declining enrollment. It was important to that School Board that the City would not be facing the
request of an investor to overturn the LUPP. Ms. Brown commended the City Council for helping
to facilitate the creation of jobs, in particular, WebFilings, which had brought in many families.
However, she had heard many of those families are moving to Ankeny because they cannot find
homes in Ames. Ms. Brown said that that is going to have an effect on the Ames Community in
many ways, not just schools. The City must consider many policies to maintain a viable
community, not just those pertaining to the creation of jobs. Ms. Brown asked the Council to
consider the School District, who needs the students whose families could occupy single-family
homes.
Sharon Guber, 2931 Northwestern Avenue, Ames, identified herself as a member of the College
Creek/Old Middle School Neighborhood Association. Ms. Guber said that she was disappointed
that no representative of Breckenridge had spoken first at this meeting to present its request. Ms.
Guber told the Council that Breckenridge has a long trail of asking communities to change their
long-range plans, particularly in existing neighborhoods, in order to insert its exclusive all-
student housing. According to Ms. Guber, in February 2008, the Ames City Council, Iowa State
University, and Ames School Board met to discuss the vision for the North Parcel and other
governmental properties that might be sold in the future. The purpose of the meeting was to be
able to give direction to developers as they contemplated purchases. At that time, after those
involved discussions, the North Parcel was designated as RL in the LUPP. Ms. Guber contended
that Breckenridge Land Acquisition was fully aware of the zoning designation for the North
Parcel, but still purchased the property without contingencies. On April 9, 2013, the City Council
made clear its desire for single-family low-residential development that would be compatible with
the existing neighborhood. The Council unanimously passed a motion that Breckenridge’s Master
Plan “...include the equivalency of subdividing the property so that every building is on a separate
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lot and meets all City requirements.” It was also noted by Ms. Guber that the Council is currently
in the process of permanently removing exception language under Section 29.401(5)[c].
It was recalled by Ms. Guber that in Breckenridge’s final presentation of its Master Plan on
August 8, 2013, the North Parcel was designated RL. However, on August 22, 2013, Mr.
Vatterott, Breckenridge Vice-President, sent a request to change the LUPP from RL to RM. It
was pointed out by Ms. Guber that under RL zoning, up to141 residents would be allowed.
However, RM zoning would allow up to 745 residents; that would be five times (5x) the number
of people on the North Parcel alone. Ms. Guber alleged that that was a common pattern in past
Breckenridge developments.
Ms. Guber advised that the College Creek/Old Ames Middle School was an older neighborhood,
including homes dating back to 1898. Some of the older homes have four and five bedrooms. It
was Ms. Guber’s concern that if the North Parcel is zoned RM, landlords with four- or five-
bedroom homes in this area would be allowed the same maximum up to five. She felt that would
completely change the configuration and fabric of the neighborhood. Any such increase in the
intensity on the North Parcel would have major impacts on the existing neighborhoods and is not
in keeping with the LUPP goal.
It was also alleged by Ms. Guber that the question of a commercial development in the North
Parcel never came up for discussion; residents read about it in the staff report on September 20,
2013, for the first time. She said that had it come up, she would have suggested that they should
put their commercial development in the next block west of Franklin. According to Ms. Guber,
there are currently 55 businesses in the four blocks on Lincoln Way from Wilmoth to Beedle.
No other neighborhood in Ames can claim that proximity to such a selection of commercial
services. Ms. Guber requested that the City not initiate the request by Breckenridge to change the
North Parcel LUPP designation of FL.
Ms. Guber also noted that the proximity of the North Parcel to the University makes the locati on
in question very desirable to a lot of people. She concurred with the City s taff report that the
“City has a known need for single-family home sites.”
Fred Bradner, 1111 Stafford Avenue, Ames, told the Council that, over the past year and one-
half, he had seen the value of involved citizens and neighborhoods and praised the College
Creek/Old Middle School Neighborhood for getting involved. Regarding Breckenridge, Mr.
Bradner asked what had changed since the City’s meeting with the School District in 2008 when
the expressed need for single-family homes was stated by the School District and the City.
Catherine Scott, 1510 Roosevelt, Ames, recalled that the City Council had requested
Breckenridge to come up with a Master Plan for all three parcels. To her, that meant the City felt
that the three parcels were related in some respects, e.g., close together, same owner, and that the
properties should be developed so that there was compatibility. The plan that Breckenridge had
shown at a previous public meeting indicated RL zoning, not RM; to her, that meant that
Breckenridge was not being honest in its negotiations with the City. In addition, she felt that the
latest request to change the LUPP designation to RM totally negates the whole process. Ms. Scott
asked the Council not to let Breckenridge’s request to move forward.
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Mayor Campbell asked if there were any representatives of Breckenridge present to present its
request. No one came forward. The Mayor noted that it was highly unusual for a developer not
to be present at the Council meeting when its request was being debated.
Council Member Larson asked staff what was being contemplated for the southern or center piece
of property. He noted that it was planned for all three parcels to function together. Planning and
Housing Director Diekmann stated that Breckenridge had not submitted a Master Plan to continue
the rezoning process. Mr. Larson offered that he think s land use policies should be changed
periodically when justified based on a particular need or situation. However, without knowing
the intent for the other two parcels, Mr. Larson stated his belief that the City Council should not
change the LUPP designation.
Mr. Larson recalled that the Old Middle School building had to be demolished by a certain ti me
and asked if there had been any updates to that requirement. Director Diekmann answered that
it was his understanding that Breckenridge had one year from the date of closing, but City staff
had not seen t he final t erms of the property transaction. Sharon Guber advised that Karen Shimp,
representing the Ames School District, had told her that the agreement was that the building had
to be torn down within one year from the date of closing; the closing was in March. She noted
that, if the building has not been demolished by that time, the School District had 60 days to
reclaim the property with no exchange of funds.
Council Member Orazem expressed his opinion that Breckenridge’s request was too vague; there
appeared to be no plan and the North Parcel was not tied in with the other two parcels, which was
specifically directed by the City Council.
Council Member Szopinski, in answer to Fred Bradner’s question, said that what had changed
was an even greater need for single-family housing. She pointed out that the City was hearing that
from all sectors of the community.
Moved by Szopinski, seconded by Goodman, to direct that the City not initiate the reques t of
Breckenridge to change the LUPP to RM for the North Parcel.
Council Member Goodman noted that the City had provided a “blue print of the entire
community” on Government/Airport land uses to investors and developers, so that they could
make wise choices on future purchases of those lands.
Council Member Wacha advised that he firmly believes the Ames community needs more single-
family residential housing in the Ames School District and that is and should be a high priority
for the City Council.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Moved by Orazem, seconded by Goodman, to refer to staff requests
related to the recent Council workshop held with the Greek Community:
1.That the Council be given a proposed definition of fraternity and sorority that would define
them as being unique from rental housing
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2.That staff provide information as to how Iowa City and Cedar Falls handle
fraternities/sororities differently from rental housing.
Council Member Larson suggested that the Council first receive a staff report. Mr. Larson noted
that the Greek Alliance had requested that the City Council explore the possibility of exempting
fraternities and sororities from the Code. Council has to decide whether that is a good idea,
whether that is possible, where three are other alternatives, etc. He voiced his disagreement with
restricting the research to Iowa City and Cedar Falls. Council Member Goodman suggested that
it be left to the staff’s discretion to come back with how other cities make that differentiat ion.
Motion withdrawn.
Moved by Orazem, seconded by Goodman, to direct staff to report back to Council informing
them of what their options are for defining fraternities and sororities in the context of rental
housing.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Orazem, seconded by Goodman, to refer to staff for a clarification of renting in the
summer to its own members versus renting to non-members in the context of the Rental Housing
Code.
Council Member Orazem explained that there might be legal responsibilities related to r enting
to non-members versus members. If they should be legally covered under the Rental Housing
Code, then all the other restrictions apply.
Vote on Motion: 6-0. Motion declared carried unanimously.
City Manager Schainker noted that, during the workshop on the topic of rental inspections of
Greek Houses, there had appeared to have been some confusion dealing with the parking
requirements. He emphasized that, if fraternities and sororities were to be exempt from the
provisions of the Rental Code, it would not free them up from any future obligations, whether
they renovate a building or tear down a building and add to it. The parking requirements would
still remain under the Zoning Ordinance. Exemption from the Rental Housing Code would allow
the existing parking situation to continue to exist; they would be able to get Certificates of
Compliance to allow them to continue to rent. However, fraternities or sororities that want to
expand or renovate their facilities might be required to provide more parking. Mr. Schainker told
the Council that all issues would not be resolved simply by exempting the facilities from the
Rental Code.
Council Member Larson said that he would expect to see that type of information in the general
staff report on this issue.
Council Member Szopinski explained that she and ex officio Member Harvey as well as City
Manager Schainker had been late to this meeting as they had participated in the Town Meeting
at the University pertaining to Kingland.
Recognizing the Council’s policy on referring items to staff, Council Member Goodman stated
that he had been in communication with a person who does not use e-mail. He did not have a
physical document from this person but wanted to explain the request to the other Council
members.
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Moved by Goodman to direct staff to have a conversation with Jim Howe at Howe’s Welding on
South Duff to discuss concerns that he has with the properties on South Duff that were formerly
Quality Motors and Happy Joe’s Pizza and how the local flooding issues may impact his
business. Mayor Campbell requested that Mr. Goodman ask Mr. Howe to write a letter to the
City Council outlining those concerns.
Motion failed for lack of a second.
Moved by Goodman, seconded by Szopinski, to direct staff to come back to the Council with a
report listing what things staff views as serious life-safety issues out of the Rental Housing Code
in addition to other possible impacts, e.g., parking for redevelopment versus existing, gr oup
bathrooms, and cold-air sleeping areas.
Mr. Goodman clarified that he did not care about the use of cold-air dorms; however, he does care
that they are safe.
Vote on Motion: 6-0. Motion declared carried unanimously.
At the request of Council Member Davis, Council Member Szopinski summarized the Town
Meeting held tonight regarding Kingland. Ms. Szopinski explained that it was comprised of a
structured panel with a representative from Kingland, Warren Madden on behalf of Iowa State
University, Steve Schainker on behalf of the City, and Gabrielle Williams, representing the
Campus Student Association and the Government of the Student Body. She reported that Mr.
Rognes gave the same presentation on Kingland’s plans as had been given at the Council
meeting.. According to Ms. Szopinski, the idea was to involve more students; however, there was
not a lot of student involvement; there were approximately ten students present at the meeting.
Ex officio Member Harvey reported that the event (Town Meeting) was not made official until
Friday, so it didn’t give a lot of time for publicity. Mayor Campbell noted that Dr. Tom Hill had
indicated to her that social media was the communication tool that had been used to notify others
of the meeting.
ADJOURNMENT: Moved by Da vis to adj ourn the me eting at 8:55 p.m.
______________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor