HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 08/14/2012MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 14, 2012
The regular meeting of the Ames City Council was called to order by Mayor Ann Campbell at 7:00
p.m. on August 14, 2012, in the City Council Chambers in City Hall, 515 Clark Avenue. Present
from the Ames City Council were Jeremy Davis, Matthew Goodman, Jami Larson, Peter Orazem,
Victoria Szopinski, and Tom Wacha. Ex officio Member Sawyer Baker was also present.
CONSENT AGENDA: Moved by Davis, seconded by Wacha, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving Minutes of Regular Meeting of July 24, 2012, and Special Meetings of July
30, 2012, and August 7, 2012
3.Motion approving Report of Change Orders for July 16-31, 2012
4.Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a.Class C Liquor – Es Tas Stanton, 216 Stanton Avenue
b.Class C Liquor – El Azteca, 1520 S. Dayton Avenue
c.Class C Liquor – Okoboji Grill, 118 S. Duff Avenue
d.Class C Liquor – Chicha Shack, 2418 Lincoln Way
e.Class B Beer – Little Taipei, 2514 Chamberlain
f.Class C Liquor – Deano’s, 119 Main Street
g.Class B Beer – Flame-N-Skewer, 2801 Grand Avenue
h.Class C Beer & B Wine – Hy-Vee Gas #5013, 4018 Lincoln Way
i.Class C Liquor & Outdoor Service Privilege – SMG Food & Beverage, CY Stephens
Auditorium
j.Class C Liquor & Outdoor Service Privilege – SMG Food & Beverage, Scheman Building
k.Special Class C Liquor – SMG Food & Beverage, Fisher Theater
l.Class C Beer & B Native Wine – Char’s, 3100 South Duff Avenue
5.RESOLUTION NO. 12-413 approving acceptance of 2012 Bureau of Justice Assistance Edward
Byrne Memorial Justice Assistance Grant (JAG) Program
6.RESOLUTION NO. 12-414 approving revisions to Records Retention Schedule
7.RESOLUTION NO. 12-415 approving Neighborhood Improvement Project grant for Moore Park
8.RESOLUTION NO. 12-416 approving GIS software Enterprise License Agreement
9.RESOLUTION NO. 12-417 approving preliminary plans and specifications for Power Plant Unit
No. 8 Steam Turbine Parts; setting September 26, 2012, as bid due date and October 9, 2012, as
date of public hearing
10.RESOLUTION NO. 12-418 approving preliminary plans and specifications for Maintenance
Facility Energy Efficiency Projects; setting September 12, 2012, as bid due date and September
25, 2012, as date of public hearing
11.RESOLUTION NO. 12-419 awarding contract for Protective Relay and Arc Flash Study for
Power Plant to Utilities Plus Energy Services, Inc., of Eveleth, Minnesota, in an amount not to
exceed $48,440.00
12.RESOLUTION NO. 12-420 awarding contract for Emissions Testing for Steam Electric Plant
and Combustion Turbine Peaker to Air Hygiene, Inc., of Broken Arrow, Oklahoma, in an amount
not to exceed $45,000.00
13.RESOLUTION NO. 12-421 awarding contract for Aluminum Cable for Electric Distribution to
Wesco Distribution of Des Moines, Iowa, in the approximate amount of $60,200 plus applicable
sales taxes
14.RESOLUTION NO. 12-422 approving renewal of contract for Distribution Class Wood Utility
Poles to Baldwin Pole of Bay Minette, Alabama, in accordance with a 3% increase
15.RESOLUTION NO. 12-423 approving contract and bond for 2011/12 Collector Street Paving
Improvements Project (Ridgewood Avenue)
16.RESOLUTION NO. 12-424 approving contract and bond for 2012/13 Collector Street Paving
Improvements Project (Meadowlane Avenue)
17.RESOLUTION NO. 12-425 approving contract and bond for the Water Treatment Plant Five-
Year Well Rehabilitation Project (Year 1)
18.RESOLUTION NO. 12-426 approving contract and bond for 2011/12 Storm Sewer System
Improvements (Country Club Boulevard)
19.2010/11 Downtown Street Pavement Improvements (Kellogg & Main):
a.RESOLUTION NO. 12-427 approving Change Order
b.RESOLUTION NO. 12-428 accepting completion
20.RESOLUTION NO. 12-429 accepting completion of 2011/12 Power Plant Breaker and Relay
Maintenance Project
21.RESOLUTION NO. 21-430 accepting completion of Unit No. 8 Air Heater Baskets
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.
RENEWAL OF CLASS C LIQUOR & OUTDOOR SERVICE FOR CY’S ROOST: Pertaining
to the violations that had occurred at Cy’s Roost over the past year, Police Commander Geoff
Huff explained that the Police Department is mainly concerned about the over-occupancy and
employees being involved in a fight on the premises. Commander Huff had been told that the
owner of the premises, Andrew White, had immediately dismissed the two employees who had
been involved in that fight. Because the case is pending, no further details could be explained
to the City Council. Commander Huff also told the Council that being cited for over-occupancy
four times in one year was a major concern to the Police Department. Due to the number and
severity of the violations, the Police Department recommended that a Class C Liquor License
& Outdoor Service be issued for six months for Cy’s Roost. During that time, the Police
Department will very carefully monitor the premises and work with the owner to prevent
violations.
It was noted that no one was present representing Cy’s Roost. Commander Huff told the Council
that he had spoken with Andrew White and told him that it was important for him to be present
at this meeting. He had also sent Mr. White the same information as had been provided to the
City Council.
Council Member Davis noted that a similar situation with a large number of violations had
happened with Cy’s Roost a few years ago. Because of that, and given the fact that there was
no one present at the meeting to represent Cy’s Roost, Mr. Davis indicated his unwillingness to
grant the establishment a license, even for six months.
Moved by Davis, seconded by Larson, to deny the 12-month Class C Liquor & Outdoor Service
for Cy’s Roost,121 Welch Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUESTS OF MAIN STREET CULTURAL DISTRICT FOR MUSIC WALK ON
2
SEPTEMBER 13, 2012: Moved by Davis, seconded by Szopinski, to approve the following
requests from Main Street Cultural District:
a.RESOLUTION NO. 12-431 approving waiver of fees for electricity usage in Tom Evans
Plaza from 3:00 to 8:00 p.m., waiver of parking meter fees in the MSCD from 3:00 to 6:00
p.m., use of six parking spaces along Main Street for food vendors, and waiver of fee for
Blanket Vending License
b.Motion approving Blanket Temporary Obstruction Permit and Blanket Vending License for
MSCD from 3:00 p.m. to 8:00 p.m.
Roll Call Vote: 6-0. Resolution/Motion declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
REQUEST OF MAIN STREET CULTURAL DISTRICT FOR HOMECOMING
BREAKFAST ON MAIN ON OCTOBER 28: Moved by Davis, seconded by Szopinski, to adopt
RESOLUTION NO. 12-432 approving closure of eight parking spaces from 6:00 a.m. to
12:00 p.m.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REQUESTS OF MAIN STREET CULTURAL DISTRICT FOR HOLIDAY ACTIVITIES:
Moved by Davis, seconded by Szopinski, to adopt/approve the following:
a.RESOLUTION NO. 12-433 approving waiver of fees for electricity for holiday activities
from November 16 through December 31
b.RESOLUTION NO. 12-434 approving closure of four parking spaces on the south side of
Main Street and one parking space on the west side of Douglas Avenue on Friday, November
16 from 4:00 to 7:00 p.m. and Sunday, November 18 from 1:00 to 4:00 p.m.
c.RESOLUTION NO. 12-435 approving closure of Burnett Avenue, from Main Street to Fifth
Street, from 2:00 to 8:00 p.m. on November 16 for planned activities
d.RESOLUTION NO. 12-436 approving suspension of parking enforcement for Central
Business District on Saturdays beginning November 17 through December 29
e.Motion approving blanket Temporary Obstruction Permit on November 16 and Blanket
Vending License for November 16-18
f.RESOLUTION NO. 12-437 approving waiver of fee for Vending License
Roll Call Vote: 6-0. Resolutions/Motion declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
REQUESTS FROM THE AMES CONVENTION AND VISITORS BUREAU FOR ALL-
AMERICAN WEEKEND ON SEPTEMBER 1, 2012: Moved by Davis, seconded by Wacha, to
adopt/approve the following:
a.RESOLUTION NO. 12-438 approving closure of portions of Main Street and Kellogg
Avenue from 7:00 a.m. to 4:00 p.m., waiver of fee for electricity costs, waiver of parking
meter fees in the MSCD, and waiver of fee for Blanket Vending License
b.Motion approving Blanket Temporary Obstruction Permit and Blanket Vending License
Roll Call Vote: 6-0. Resolution/Motion declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these minutes.
“WELCOME TO AMES” EVENT ON AUGUST 24, 2012: Moved by Davis, seconded by
Szopinski, to adopt the following:
a.RESOLUTION NO. 12-439 approving closure of street and metered parking spaces on
3
Chamberlain Street between Welch and Stanton Avenues from Noon to 8:00 p.m.
b.RESOLUTION NO. 12-440 approving closure of lot and parking spaces in Chamberlain Lot
Y
c.RESOLUTION NO. 12-441 approving waiver of fees for electricity usage
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
UNIT NO. 7 ROTARY AIR PREHEATER PARTIAL BASKET REPLACEMENT: Moved
by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-442 waiving bidding
requirements and awarding a contract to Alstom Power Inc., of Wellsville, NY, for the purchase
of material for Unit No. 7 Rotary Air Preheater Partial Basket Replacement for Electric Services
in the amount of $75,067.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2012: Moved by
Davis, seconded by Szopinski, to adopt RESOLUTION NO. 12-443 approving the Official
Statement for General Obligation Corporate Purpose Bonds, Series 2012, in a principal amount
not to exceed $13,215,000, and setting the date of sale for August 28, 2012.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HOSPITAL REVENUE BONDS: Mike Tretina, Mary Greeley Medical Center Chief Financial
Officer, introduced John Henningsgard from Piper Jaffray. Mr. Henningsgard presented an
overview of the reasons for the decision to refinance the Series 2003 Bonds. This will result in
significant debt service savings as well as fund a small additional portion of the tower
construction project ($10 million) at a very low cost and preserve cash. There will be no
negative impact on its “A2" debt rating from this financing. Upcoming key dates associated with
the refinancing/financing were given by Mr. Henningsgard.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-444 setting the date of
public hearing for September 11, 2012, on the proposal to issue Hospital Revenue Bonds in a
principal amount not to exceed $26,000,000 for the purpose of financing and refinancing
improvement projects for Mary Greeley Medical Center.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
EXTERIOR PARKING LOT LIGHTING REQUIREMENTS FOR AUTO AND MARINE
USES: Planning and Housing Director Steve Osguthorpe reminded the Council that it had directed
staff to provide a brief report on the lighting issue after receiving a request from Dan Levi of
Levi Architecture. Mr. Levi, representing the Deery Brothers, had requested in an email that the
City reevaluate its lighting provisions in the recently adopted alternative landscape standards for
auto dealers. Mr. Osguthorpe reviewed the three alternative standards contained in the recently
adopted ordinance (that pertained to alternative landscaping standards) for auto and marine craft
trade uses. He noted that the previous standards still apply; alternative standards had been
adopted in addition to the standards already in existence.
According to Director Osguthorpe, the Deerys wish to use Alternative 3, but are concerned that
4
the mitigating lighting standard of that alternative do not reasonably provide the lighting levels
that auto dealers depend on for marketing purposes. Alternative 3 calls for the same lighting
standards as are required in the Northeast Gateway Overlay District, except that they do not
require the lights be dimmed after hours to security level lighting. Mr. Osguthorpe noted that the
City Hall parking lot is similar to what would be allowed under Alternative 3. Typical lighting
plans for auto dealers, as provided by the Deery Brothers’ lighting consultant, would be: for the
sales display area of their lots - 15-foot candles; the “highlight” display area (borders along the
street) - 150-foot candles at a point; and the “dazzle” display area - 300-foot candles at a point.
According to Mr. Osguthorpe, the only requirement under the alternative standards that the
Deerys can comply with without affecting light levels is the requirement to shield the view of
fixture lenses from public rights-of-way. Glare shields would have to be attached on the bottom
side of the fixtures. Mr. Osguthorpe reported that the view angles shown on cross sections
submitted by the lighting consultant provided compelling evidence that that requirement could
be met. Staff believes that compliance with that standard will significantly mitigate one of the
greater glare factors of outdoor lighting by shielding the visual “hot spots” of light around fixture
lenses.
Director Osguthorpe presented four options for the Council’s consideration. He emphasized that
the Council should consider the impacts that high intensity lighting associated with auto dealer
parking lots might have on the visual effectiveness of the light columns planned for installation
along Highway 30 just east of the proposed Deery Brothers site. Without some softening of the
light, the visual effectiveness of the light columns might be significantly diminished. Staff
recommended that the Council consider Option 2, which would not allow for the most intense
light, but it would allow light commensurate with what auto dealers typically provide in their
display sale areas while providing reasonable mitigation of lighting impacts on the community.
Fred Rose, representing Deery Brothers, explained that they were building a Deery Brothers
dealership in Iowa City and went through the process to determine lighting levels there. He gave
a summary of the research that had been done to determine the level of lighting in other
commercial parking lots in Ames. Bob Brown, Senior Lighting Design Engineer with KJWW
Engineering Consultants, provided information on what a typical commercial lighting plan might
entail. Referencing the Illuminating Engineering Society (IES) Handbook, Mr. Brown advised
that the Deery Brothers were asking for a “traceable exception path” and/or that the Model
Lighting Ordinance be used. He noted that the Handbook incorporates the “Dark Sky” standards.
According to Mr. Brown, the Deerys’ dealership lot would have less bright lighting than what
currently exists in the George White dealership near Highway 30.
Assistant City Manager Bob Kindred explained that through this process, staff had learned that
the low-level lighting that would be required of new auto dealerships was probably inadequate
and that glare shields would have a positive effect on the Ames community. Council Member
Szopinski noted that the City’s standards are over ten years old and probably outdated since new
technology has developed, especially related to energy efficiency. Mr. Osguthorpe stated that
if the Council were to adopt an option that required glare shields for all lights, it would have
more of a positive impact at the pedestrian level than the City’s current ordinance.
Mr. Kindred said that if the Council directed staff to move forward in any way, staff would
approach the Ames Area Amateur Astronomers immediately to let them know about this
discussion and offer them an opportunity to be involved.
5
At the inquiry of Council Member Szopinski as to the impact that the auto dealership lighting
would have on the Highway 30 Entryway features, Director Osguthorpe said he had been told
by the lighting consultant Bob Brown that it would be possible to scientifically model that
impact. Mr. Osguthorpe reiterated his strong opinion that the glare shields would make a
significant difference in that visual impact.
Fred Bradner, 1111 Stafford Avenue, Ames, asked if the George White Chevrolet lot was in
compliance with the City’s current lighting ordinance. He asked if the level of lighting had ever
been an issue for the present car dealerships. Director Osguthorpe replied that it is unknown if
George White Chevrolet is in compliance with the current Ordinance, but it was in compliance
with the Code when it was built.
Council Member Wacha explained that the Deerys did not initially request any changes in the
Lighting Ordinance. Their initial request pertained to having an alternative to the landscaping
requirements; however, the City Council added an additional requirement with that ordinance
change that the lighting comply with the same levels as established for the Northeast Gateway
Overlay District. He pointed out that if glare shields were required to be installed, it would result
in less of a glare effect than what exists currently. Director Osguthorpe concurred that whatever
would be done tonight would be an improvement over the City’s current ordinance because glare
shields would be required for all the lights.
Moved by Wacha, seconded by Orazem, to approve Option 2: to amend the standards to: allow
typical sales display light levels (15-foot candles average) in all auto display areas (no dazzle or
highlight levels); retain lower lighting levels of Code in all non-display parking areas; retain
glare shield requirements for all lights; and require security lighting levels in all areas after 10:00
p.m. (2-foot candles average).
Council Member Goodman said that he had recently traveled through Minnesota and Colorado
where a real passion for the aesthetics of community was apparent, e.g., landscaping
requirements, lighting not nearly as offensive as “Ankeny lighting.” Those communities write
Code to create that impact. In Mr. Goodman’s opinion, new Code has been written in Ames, not
because the community is passionate about impact, but because “someone wants to build in the
flood plain, wants fewer trees to sell more cars, and wants different lighting because they might
not sell as many cars.” He sees that as having a different philosophy than those communities
who are passionate about aesthetics. Mr. Goodman believes that those persons would have a
different perspective, could offer input to this discussion, could bring different expertise than
someone who works in the commercial lighting industry and is hired by the developer, and
should be part of this process. Council Member Wacha pointed out that the developer was not
asking for fewer trees, just that they be distributed differently.
Vote on Motion: 5-1. Voting aye: Davis, Larson, Orazem, Szopinski, Wacha. Voting nay:
Goodman. Motion declared carried.
Moved by Larson, seconded by Orazem, to direct staff to investigate the process for seeking
public input pertaining to a new lighting ordinance and/or referencing a standard in the ordinance
that could be applied to illumination design throughout the City.
Council Member Wacha asked if this would include LED signs. Mr. Osguthorpe replied that
those would be covered as a separate topic because they have different technology.
6
Vote on Motion: 6-0. Motion declared carried unanimously.
MAJOR FINAL PLAT FOR RINGGENBERG PARK SUBDIVISION, 3RD ADDITION:
According to Director Osguthorpe, the developer filed a request for final plat approval. At the
time of that filing, the developer also submitted a request for a waiver of the subdivision standard
that requires that applications for final plats be submitted at least 15 days prior to the next
Council meeting. The Preliminary Plat had been reviewed. The public improvements pertaining
to utilities for the 3rd and final addition have been completed; however, the grading and paving
of Cedar Lane, surface paving of Coyote Drive and Red Fox Road, and pedestrian ramp facilities
have not been completed. A Letter of Credit has been submitted in the amount of $250,000 to
secure completion of those improvements. In addition, there are some public improvements
outside of the 3rd Addition that had been required by the Development Agreement for
Ringgenberg Park that have not been completed.
Director Osguthorpe told the Council members that the first item to be addressed by them would
be to decide on whether or not to approve the request for a waiver of the 15-day submittal
deadline for the Final Plat. If the waiver is denied, the item will not move forward tonight. It was
noted by Council Member Wacha that because the developer set a closing date without
submitting the request for approval of the Final Plat should not be a reason to waive the
submittal deadline requirement.
According to Mr. Osguthorpe, the Subdivision Code states that a waiver may be granted if there
is extraordinary hardship on the applicant. A letter from the applicant had been received stating
what they believed was an extraordinary hardship, and the Council needed to decide if it met the
criteria for a waiver. If the waiver was denied, no further action would be taken on this item at
this meeting. Assistant City Manager Kindred reported that staff was not able to complete the
final report until 6:00 p.m. this evening. He noted that staff had basically taken the entire week
to review and follow-up on questions about this item in an attempt to meet the customer’s
request for hearing it on this Agenda. Mr. Kindred further explained that the application for
approval of the Final Plat for Ringgenberg Park Subdivision, 3rd Addition, was submitted to the
Planning and Housing Department on August 7, 2012. The Municipal Code states that
applications for Final Plat approval of a Major Subdivision must be submitted to the City at least
15 days prior to the Regular City Council meeting at which approval is sought. Staff
subsequently received a letter from Brian Torresi, attorney representing the developer Kurt
Friedrich, requesting that the time requirement be waived.
Mr. Osguthorpe reported that staff is required to send notice to internal departments and external
parties (County Auditor and all utility providers). They are typically given seven days to respond
to a Final Plat; however, in this case, they were given one day to respond. At the time of this
meeting, staff had heard from the County Auditor, but had not received any comments back from
any of the utility providers.
Mayor Campbell said that the 15-day deadline is well-known by the developer. She felt that Mr.
Friedrich was asking very extraordinary things of City staff by requesting the waiver.
Council Member Wacha said his understanding of the letter requesting the waiver was that the
extraordinary hardship in this case was because the closing date for the sale of the lots had been
set for a date that was earlier than the date Council would meet to approve the Final Plat; thus,
7
the 15-day requirement could not be met. He would like to know how those closing dates got
set and by whom.
Developer Kurt Friedrich, 100 Sixth Street, Ames, told the Council that they were on a very
aggressive schedule to bring 31 new residential lots to the market. There has been a lot of interest
in the Subdivision, and over one-third of those lots have been pre-sold; the builders want to get
started. A closing date must be included in an offer to purchase. When they were writing up the
offers, they thought that August 20, 2012, would be a do-able and appropriate closing date. Mr.
Friedrich added that this is definitely not their habit or future expectation to request a waiver of
the 15-day review requirement. He noted that they had been developing in Ames for over 80
years, and this is not commonplace for them; they are trying to accommodate their builders and
clients. Mr. Friedrich expressed his gratitude to City staff for making this a priority over the past
week.
Council Member Goodman also asked what constituted the extraordinary hardship. He thought
it was basically that they would have to reset the closing dates for the lots. Mr. Friedrich replied
that the dates would have to be reset, and the builders and clients would have to adjust their dates
accordingly.
Council Member Larson said that it was not his desire to reward Friedrich Realty for not meeting
the submittal deadline, but wanted to support staff, who had worked long and hard to get the
submittal reviewed and make a recommendation by this meeting. He believed that staff had
basically “knocked themselves out over this, and they did that because of the Council’s previous
direction to have a “can-do” attitude.
Moved by Larson, seconded by Davis, to grant the waiver of the submittal deadline requirement.
Council Member Wacha noted that he was very excited about this project and to see residential
development in this part of Ames. He pointed out, however, that Mr. Friedrich has been in the
real estate business for a long time and is quite aware of the 15-day submittal requirement. That
requirement exists due to staff’s competing priorities. If the waiver is granted, the Council
would be circumventing its own rule because a developer didn’t plan well. He said that he did
not want to set a precedent by waiving the requirement.
Mayor Campbell noted that the City Council was extremely disappointed that the developer had
put City staff in the predicament of having to put its other workload on hold to process this
request when it was not submitted as required by the Municipal Code.
Vote on Motion: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Szopinski. Voting nay:
Wacha. Motion declared carried.
Mr. Osguthorpe noted that there are public improvements that are outside of this Addition that
were approved for the 1st Addition. Planner Jeff Benson advised that, when the Subdivision was
first platted, there was a Developer’s Agreement that specified improvements that were the
responsibility of the developer. Some have been completed, but a portion of the bicycle path has
not. According to Mr. Benson, the bike path will be completed within the next year. Also, several
sidewalks in front of lots have not been completed. The Developer’s Agreement stated that all
sidewalks would be completed within two years, which had not occurred.
8
According to Planner Benson, this is the last section of lots to be platted, which gives the
Council the opportunity to require financial security for all past public improvements that have
not yet been constructed. This is the last chance that staff would have to do so. Staff had
recommended that an Improvement Guarantee be secured in the amount of $150,000 to cover
the cost of completion of sidewalks and bike paths, which were required by the Development
Agreement for Ringgenberg Park Subdivision approved on December 20, 2005.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-445 approving the Major
Final Plat for Ringgenberg Park Subdivision, 3rd Addition, conditional upon receipt of an
Improvement Guarantee in the amount of $150,000 to cover the cost for completion of sidewalks
and bike paths within the next two years.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
REPORT ON YARD WASTE SERVICE: Gary Freel, Resource Recovery Plant Superintendent,
introduced Bill Schmitt, the newly hired Resource Recovery Assistant Superintendent.
Mr. Freel gave the background of yard waste disposal in the City of Ames since 1991. He noted
that under the City’s Solid Waste Permit, it is required to have a yard waste management plan.
The City has contracted with a private business to handle the yard waste generated in its service
area. Superintendent Freel gave highlights of the current contract. The current contract is due
to expire on December 15, 2012, and has an annual cost of $21,010. Mr. Freel noted that the staff
would like to complete the next solicitation process by October 2012 so that whoever is awarded
the contract has adequate time to prepare for the next season, which begins on April 1, 2013.
Mr. Freel presented policy issues for City Council discussion: (1) who should operate the yard
waste drop-off facility; (2) what is the appropriate length of the agreement, (3) what should be
the minimum site hours; (4) how many free days should be sponsored; (5) who should be
responsible for advertising the free days; (6) what site should be designated for storm-damaged
tree debris; and (7) how should the City pay for free days. Staff’s recommendation on each issue
was relayed to the Council by Mr. Freel. He explained staff’s preferred course of action, which
was the first option listed in the Council Action Form under each of the policy issues. In
summary, staff recommended:
1.Continue to contract with a private business to receive and handle yard waste for Story
County residents
2.Change to a three-year contract with the option for two individual renewable years and a non-
appropriation clause
3.Have the site be in operation from April 1 through December 15 each year; maintain a
minimum of 19 hours/week of the site being open over a four-day period each week during
the spring and summer and 23 hours/week during the fall
4.Continue with the same number of free days with one Saturday in April and the first Saturday
in November for brush, grass, and leaves and the last three Saturdays in November for grass,
leaves, and garden waste.
9
5.The City do all the advertising needed to inform the citizens of the free days rather than the
contractor providing the advertising.
6.Regarding storm damage tree clean-up: have the contractor be the designated site to handle
tree debris from Intermediate City Response (25% damage in at least one district) providing
an area for free citizen drop-off. The City would maintain responsibility for Full Collection
City-Wide (50% damage in four of the seven districts) and Full Collection Limited Area
(50% damage in a limited area).
7.Continue to fund the activity through the Resource Recovery Fund.
Council Member Davis suggested that the free days need to be evaluated. Mr. Freel commented
that in conversations with the current contractor, possibly moving the brush day event to the third
weekend might relieve some of the congestion traditionally seen by having brush, grass, and
leaves on the first weekend. Council Member Goodman asked staff if the days could be
switched in the fall, so that only leaves and grass would be accepted for the first two Saturdays
and last Saturday in November and brush, grass, and leaves would be accepted on the third
Saturday in November. Mr. Freel said staff was agreeable to making that switch.
Council Member Goodman recommended that feedback on these discussion items be received
from citizens. It was suggested that the Residential Satisfaction Survey be used as the tool to get
that feedback.
The meeting recessed at 9:22 p.m. and reconvened at 9:28 p.m.
FUNDING SOURCES FOR AMES AIRPORT TERMINAL BUILDING: Traffic Engineer
Damion Pregitzer explained that the Municipal Airport operates according to the Airport Master
Plan. The Airport Terminal Project was included in the Airport’s Master Plan as a $1,045,000
project with $993,000 identified from the FAA and $52,580 from local funds. Mr. Pregitzer
noted that, when preparing the Capital Improvements Plan (CIP) for 2012/13, the City Council
decided to increase the overall investment in the project to $2,000,000 with the same funding
split being maintained ($1,800,000 FAA Grant and $200,000 Local Option Sales Tax Fund). The
City has since learned that the funds anticipated from the FAA were from an earmark;
unfortunately, earmarked funds are no longer available. Mr. Pregitzer explained that the Airport
Master Plan and the City’s CIP now includes a project that does not have funding sources.
According to Mr. Pregitzer, the Terminal Building was shown annually in the Airport
Improvement Program (AIP) sheets with 95% funding from the FAA. Those sheets were
approved by the Regional FAA staff in Kansas City. Even though the AIP sheets were approved
annually, the FAA Planner in Kansas City who reviewed them told City staff that he did not pay
any attention to how the project was programmed because it wasn’t a “first year” project. The
FAA never flagged the fact that the proposed funding was not feasible. The AIP sheets were also
approved by the Iowa Department of Transportation (DOT) Office of Aviation without any
issues being raised. The Terminal Building was also scored by the FAA for funding in the
National Plan of Integrated Airport Systems that determines which projects compete for funding.
The project was scored and ranked by the FAA for discretional funding, even though staff has
now found it is not eligible for that type of funding.
10
Mr. Pregitzer described possible funding sources: [1] Federal Non-Primary Entitlement Funds,
[2] Federal Discretional Funds (Ames Airport Terminal is not eligible), [3] State Funding
Programs, [4] Local Funding from revenues generated from aviation-related services at the
Airport, and [5] Non-Aeronautical Development. Municipal Engineer Tracy Warner told the
Council that an RFP to conduct a Transportation Funding Study was issued; the Airport Terminal
Building was included in the list of projects in that Study. That Study is designed to tell the City
what external sources (grants) might be possible to tap into for funding.
The Council was told the difference between General Aviation and Reliever airport designations.
The Ames Municipal Airport’s main classification is General Aviation; however, it also has a
role classification in the FAA NPIAS system as an “Enhanced Airport.” To be eligible for the
“Reliever” designation, the airport must be open to the public, have 100 or more based aircraft,
or have 25,000 annual itinerant operations. Being designated as a Reliever would not provide
a General Aviation Airport any more or different funding opportunities. It is important for the
Ames Airport to continue its designation as an Enhanced Airport and to continue to offer the
variety of services; it helps Ames score higher on FAA grant applications. In addition, Ames is
the only self-supporting General Aviation airport in the state, which is looked on favorably by
the FAA.
Mr. Pregitzer recommended that, before developing a funding strategy, City staff meet with the
Airport users to identify space needs. From those discussions, a concept plan could be developed
along with the estimated cost of the proposed facility. Currently, it is unknown if the amount
included in the CIP is adequate to meet the needs of the community. Once the conceptual layout
is determined, the anticipated costs for the facility could be calculated and a funding strategy
identified. Staff recommended holding several meetings with current and potential Airport users
to gather information about their visions for an airport terminal building. The general users of
the Airport currently include Iowa State University, private hangar owners, corporate jets,
business charters, recreational, glider club members, frequent itinerant/visitor flights, and Ames
Chamber and Ames Convention & Visitors Bureau. Mr. Pregitzer asked the Council members
to inform the City Manager if they had any other individuals or groups that they wished to
include to be notified of meetings to gather input.
STORM WATER FEE STRUCTURE: Corey Mellies, Civil Engineer II, recalled that, In
2009, the City Council had directed the Public Works Department to develop a more fair and
equitable system for charging property owners for the City’s management of storm water
originating on their properties. In 2011, Council directed that staff explore an Estimated
Residential Unit (ERU) approach in place of the current flat monthly fee. The ERU is based on
the amount of hard surface or impervious area on the average residential lot. If implemented in
January 2013, the new fee structure would be reflected in February bills. Assistant City Manager
Kindred explained that the ERU approach was ultimately be revenue-neutral over the first five
years; however, as the Comprehensive Flood Study results are known (by the end of 2012), storm
water improvements might need to be made that should be funded from this source.
Council Member Orazem noted that the reason why establishments with large parking lots would
see significant increases is because the road system was not incorporated into the baseline. He
was of the opinion that everyone should have been responsible for impervious surfaces owned
by the City; that exacerbates the burden. Mr. Mellies said that the percentages included
everything inside parcels.
11
Mr. Mellies made the Council aware that there will be some City properties that will also be
subjected to the proposed new ERU structure.
The public outreach plan undertaken by the Public Works Department and Public Relations
Officer was described by Public Relations Officer Susan Gwiasda and Mr. Mellies. The feedback
received pertaining to the proposed ordinance change was summarized. According to Mr.
Mellies, feedback received so far had shown that the proposed change was causing confusion for
customers as it relates to the new billing.
Assistant City Manager Kindred told the Council that if the new ordinance is to be effective in
January 2013, it is important that the ordinance get drafted, community input be gathered, and
the three readings on the ordinance be held. This process would need to start by September or
early October.
Noting that staff had referenced a three- or four-tier system based on impervious surfaces,
Council Member Larson said he would be interested in knowing what those tiers might consist
of.
Moved by Larson, seconded by Davis, to direct staff to bring back to the City Council for its
review a simplified tiered billing system for storm water fees.
Vote on Motion: 6-0. Motion declared carried unanimously.
WATER POLLUTION CONTROL FACILITY DISINFECTION PROJECT: Moved by Davis,
seconded by Larson, to adopt RESOLUTION NO. 12-446 setting August 28, 2012, as the date
of public hearing on a proposal to enter into State Revolving Fund Sewer Revenue Loan and
Disbursement Agreement in a principal amount not to exceed $3,121,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON WATER POLLUTION CONTROL FACILITY ULTRAVIOLET
WASTEWATER DISINFECTION PROJECT: Mayor Campbell opened the public hearing.
No one came forward to speak, and the hearing was closed.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-447 approving final
plans and specifications and awarding a contract to Garney Companies, Inc., of Kansas City,
Missouri, in the amount of $1,984,600.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON WATER POLLUTION CONTROL FACILITY DIESEL TANK
REPLACEMENT PROJECT: The public hearing was opened by the Mayor. She closed same
after no one wished to speak.
Moved by Davis, seconded by Goodman, to receipt the report of bids, but take no action to award
a contract at this time.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO REQUIREMENTS FOR MASTER PLANS: Moved by
12
Goodman, seconded by Davis, to pass on second reading a Zoning Ordinance text amendment
pertaining to requirements for Master Plans.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis, to adjourn the meeting at 10:20 p.m.
______________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
13