HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 10/23/2012 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 23, 2012
The regular meeting of the Ames City Council was called to order by Mayor Ann Campbell at 7:00
p.m. on October 23, 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.
PROCLAMATION FOR HUNGER AND HOMELESSNESS AWARENESS: WEEK: Mayor
Campbell proclaimed November 10-18, 2012, as Hunger and Homelessness Awareness Week.
Representatives from the following organizations were present to accept the Proclamation:
Mandy Conrad, ACCESS; Hope Metheny, Youth and Shelter Services; Troy Jensen, Emergency
Residence Project; Robin Rutledge, Salvation Army; and, Janis Pyle, Story County Housing
Coordinating Board. Ms. Pyle invited the public to a forum, “Resolve to Fight Poverty,” to be
held on November 12, 2012, from 6 - 8 PM at Bethesda Lutheran Church.
PRESENTATION RECOGNIZING AMES HISTORICAL SOCIETY FOR COMPLETION
OF THE “MAYORS OF AMES” DISPLAY IN CITY HALL: Shannon Boyle, representing the
Ames Historical Society, announced the completion of the “Mayors of Ames” project,
showcasing 42 Mayors whom have served the citizens of Ames since 1870. Former Mayor Ted
Tedesco said he was honored to be one of those people whose service was recognized and
thanked the City for its support of the project.
CONSENT AGENDA: Council Member Larson asked to pull Item No. 9 (Revisions to Purchasing
Policies) for separate discussion.
Moved by Goodman, seconded by Szopinski, to approve the following items on the Consent
Agenda:
1.Mo tio n ap p ro v ing paym en t of cla ims
2.M otion approving M inutes of Regular M eeting of O ctobe r 9, 20 12
3.M otion approving R eport of Contract Change O r ders for O ctober 1-15, 2012
4.M otion app rov ing ren ew al of the follow ing bee r pe rm its, w ine perm its, and liqu or licen ses:
a.C lass E Li quor, C B eer, & B W ine – Targe t Store T-1170 , 320 South Duff A ve nue
b.C lass C B eer & B W ine – Southgate Ex presse, 110 A irport R oad
5.R E SO L U T IO N N O . 12-544 approving appointm ent of D evita H arden to fill vacancy on H um an
R elations Com m iss ion
6.R ESO LU TIO N N O . 12 -545 ap proving Q uarterly Inve stm en t Report for the per i od e nding
Septem ber 30 , 2012
7.R ESO LU TIO N N O . 12-547 approving ren ewal of contract w ith W ellm ark for adm inistrative and
claim s proc essing services for Flexible Spen ding A ccount effective Janua ry 1, 20 13
8.R E SO L U T IO N N O . 12-548 approving U nderage E nforcem en t A gre em ent betw een Pol ice
D epartm ent and Y outh & Shelter Services
9.R ESO LU TIO N N O . 12-549 approving co ntr ac t an d bond f or M aintenance Facility En ergy
E fficie n c y P rojec t - H V A C Im p ro v e m en ts
1 0 .R E S O L U T IO N N O . 12 -55 0 ap p ro v ing co n tract and bo n d for U n it N o. 8 S tea m T u rb ine P a rts
1 1 .R E S O L U T IO N N O . 12 -5 5 1 ap p ro v ing C h a ng e O rd e r N o . 1 fo r 2 0 10 /11 an d 20 1 1/12 A sp h a lt
R esurfacing and Seal C oat R em oval/A sphalt R econstr uction Program
12.R ESO LU TIO N N O . 12-552 ap proving C ha nge O rde r N o. 2 for 2010/11 C onc rete Pavem en t
I m provem ents - Lincoln Sw ing (B eedle D rive to Sou th D akota A ven ue ) and O akland Street
(N orth H y land to H aw thorne A venue)
2
13 .20 11 /12 W ater S y stem Im pro ve m en ts (W ater S ervice T ransfers):
a.R ESO LU TIO N N O . 12-553 approving C hange N o. 2
b.R ESO LU TIO N N O . 12-554 accepting com pletion
1 4 .R E S OL UT ION NO . 12 -55 5 a c c e ptin g co mp le tio n of F Y 20 1 1 /1 2 Wa te r T r e a tme n t P lan t L ime
Sludge D isposal O perations
1 5 .R E S O L U T IO N N O . 12 -5 5 6 ap p ro v ing Plat of S u rv ey fo r 5 15 D ou g las A v en u e , su b ject to
va cating a section of the alley w est of A m es P ub lic L ibrary
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by
the Mayor, and hereby made a portion of these Minutes.
REVISIONS TO PURCHASING POLICIES: Council Member Larson stated that he asked to pull
this item so that the changes could be explained to the public.
Karen Server, City Purchasing Agent, explained two changes being proposed: (1) Public
Improvement Bid Thresholds and (2) Sales Tax Exemption for Construction Contracts.
Moved by Goodman, seconded by Szopinski, to adopt RESOLUTION N O . 12-546 approving
proposed revisions to the Purch asing Policies, to be effective N ovem ber 1, 2012 .
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Bruce Hackbarth, 112 Blueberry Court, Ames, suggested that it would be a
good time, due to the current drought conditions, to clean the waterways in Ames of debris,
trees, and any obstacles that could block water from passing through. Mr. Hackbarth noted that
he had lived in Ames for 42 years, and during the last 20 years, there had been three 500-year
floods. He said that, given that history, there was a likelihood that Ames will experience more
flooding in the future. Mr. Hackbarth asked the City to allocate funding to facilitate cleaning of
the waterways around Ames.
Mr. Hackbarth also raised a concern about the size and visibility of the left-hand turn leading
into the Walmart store on South Duff. He reported that motorists seem to ignore the sign or do
not see it and make a left turn across traffic. Mr. Hackbarth believes that it is a huge safety
hazard and asked that the sign be larger and lit to bring drivers’ attention to it. It was also Mr.
Hackbarth’s suggestion that a police officer be at that location ticketing motorists who do not
obey the sign.
CLASS B NATIVE WINE PERMIT FOR CASEY’S GENERAL STORE #2560: Moved by
Davis, seconded by Goodman, to approve the Class B Native Wine Permit for Casey’s General
Store #2560, 3020 South Duff.
Vote on Motion: 6-0. Motion declared carried unanimously.
5-DAY LICENSES AT THE ISU ALUMNI CENTER: Moved by Goodman, seconded by Davis,
to approve the following 5-Day licenses at the ISU Alumni Center:
a.G ateway H otel & Conference Center - Class C Liquor (O ctober 31 -N ovem be r 4)
b.O lde M ain Brewing C om pa ny - Special Class C Liquor (N ovem ber 3-7)
Vote on Motion: 6-0. Motion declared carried unanimously.
5-DAY LICENSE AT CPMI EVENTS CENTER: Moved by Davis, seconded by Larson, to
approve a 5-Day Special Class C Liquor License (November 2-6) for Olde Main Brewing
3
Company at the CPMI Events Center.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FOR CIGARETTE BUTT RECEPTACLES IN 100 BLOCK OF MAIN STREET:
Management Analyst Brian Phillips explained that the Council had received a request to
consider placing cigarette butt receptacles near 136 Main Street. It had been reported that
smokers had been placing cigarette butts in the large planters on Main Street or dropping them
directly on the sidewalks, particularly near the entrances to nearby bars and in Cynthia Duff
Plaza. Mr. Phillips stated that there are currently no City-owned cigarette receptacles in any of
Ames’ commercial areas.
According to Mr. Phillips, staff had consulted with Main Street Cultural District (MSCD) and
Campustown Action Association (CAA) staff. Both organizations expressed support of the idea
of installing receptacles to reduce litter. Representatives from both the MSCD and CAA had
noted two or three locations where cigarette butt receptacles might be ideal. Discussion ensured
over the different types of receptacles, who should purchase them, and who should maintain
them.
At the inquiry of Council Member Orazem, Corey Mellies, Civil Engineer II, advised that the
each receptacle costs between $300 - $450.
Moved by Goodman, seconded by Orazem, to direct staff to work with one of the business
associations on a type of pilot program, but not limit the type of receptacles, to see what is most
effective.
City Manager Schainker stated that there were more questions that needed to be answered such
as if the City should purchase the receptacle, who should maintain it, and where it should be
placed.
Council Member Larson asked City Attorney Marek if throwing a cigarette butt on the ground
constituted littering. Mr. Marek stated that the person could be ticketed for littering if he or she
threw a cigarette butt onto the ground; however, it is difficult for police officers to catch the
person doing it, and there are often higher priorities for police officers. Mr. Larson said that he
believed it would be best for the business associations to determine what type of receptacle
would work best at the most efficient cost.
Council Member Davis expressed skepticism over whether having a receptacle would prevent
people from throwing cigarette butts on the ground. Council Member Larson expressed his
opinion that the location of the receptacle would be very important as people are not going to
walk very far to deposit a cigarette butt into a receptacle. He also suggested that, if it didn’t
work, the Police Department should step up its enforcement of littering violations.
City Manager Schainker noted that the request had come from a business owner in the MSCD
and suggested that the pilot program be tried there first.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FROM AMES ECONOMIC DEVELOPMENT COMMISSION FOR FUNDING
CONCEPTUAL PLAN FOR EAST LINCOLN WAY INDUSTRIAL PARK: City Manager
4
Schainker reported that the Ames Economic Development Commission (AEDC) had requested
$7,500 from the City to share the cost of creating a conceptual design plan with associated costs
to develop a new industrial park east of Highway 35 along E. Lincoln Way. Prior to developing
a strategy for financing such an initiative, it was felt that it was critical that a conceptual plan
for the new park be created and the associated costs be identified. The AEDC is prepared to hire
a consulting engineer to accomplish the two tasks at an estimated cost for these tasks of
$15,000. The AEDC had asked the City to share equally in the cost of the consulting work
According to Mr. Schainker, funding for the City’s share is available from the City Council’s
Contingency Account.
Moved by Wacha, seconded by Orazem, to adopt RESOLUTION NO. 12-557 approving the
re q uest fro m the A m e s E c o no m ic D ev elop m e n t C om m issio n to sh a re eq u a lly in the c ost to c reate
a co nceptua l plan for the ne w industrial park a long w ith the a ssoc iated c os ts by providing
reim bursem en t up to $7,500 fr om the Contingenc y A ccount.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
LEASE OF CITY-OWNED PROPERTY LOCATED AT 205 S. WALNUT: City Attorney
Marek advised that, on July 1, 1988, the City had entered into a 25-year lease with Story County
Council on Aging, now Heartland Senior Services (HSS), at 205 South Walnut. The property
was originally acquired by the City using Community Development Block Grant (CDBG)
funding through the State of Iowa for the purpose of providing a Senior Center. Mr. Marek told
the Council that the use must remain for the community and have a focus on serving low-income
individuals; HSS meets the intent of the CDBG grant. The lease requires that HSS maintain the
building in a reasonably safe and serviceable condition. Although the current lease does not
expire until June 30, 2013, HSS had requested that the City Council renew the lease early as they
need assurance on the continuance of the lease prior to making a major investment in the roof.
According to Mr. Marek, the lease is substantially the same as it was approved in 1988. The
renewal is set up as a no-cost lease; however, HSS will continue to be completely responsible
for the care and upkeep of the facility.
Moved by Davis, seconded by Szopinski, to adopt RESOLUTION NO. 12-558 setting a public
hearing for November 13, 2012, to consider a 25-year lease renewal with Heartland Senior
Services for the building located at 205 South Walnut.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
3618 CEDAR LANE: Karen Marren, City Planner, noted that, on September 25, 2012, the City
Council referred to staff a letter from Steve Burgason, on behalf of Verle and Jo Ann Burgason,
requesting a waiver of density standards of the Ames Urban Fringe Plan in order to divide land
located at 3618 Cedar Lane. Ms. Marren advised that the division of land would not actually
create a new lot, but would enlarge an existing lot by adjusting its boundary. She said that the
subject property is located outside the City limits, but within the two-mile Ames Urban Fringe,
and the area proposed for the boundary line adjustment is within the “Urban Service Area” of
the Ames Urban Fringe Plan and has an Urban Residential land use designation. The request for
a waiver was to allow the owners to modify the boundary of the southernmost one-acre parcel
into a larger four-acre parcel. According to Ms. Marren, the reason this is contrary to current
density standards is that the property, with an Urban Residential land use designation, is planned
5
for a minimum density of 3.75 dwelling units per-acre, and the proposal to enlarge the developed
parcel would further reduce the density.
Ms. Marren told the Council that the Urban Service Area of the Ames Urban Fringe contains
lands which are adjacent to city limits and identified for urban development once annexed into
corporate boundaries. Those areas were established to allow for unified growth for efficient
extension of public facilities and services once developed. The Plan states that such land areas
should be protected from development that would hinder the planned growth of the surrounding
communities.
The Urban Residential designation was defined by Ms. Marren. One of the Urban Residential
policies identifies options for urban densities that would allow for the urban development
standard to be met. According to Ms. Marren, the owners had expressed the need for the
proposed boundary line adjustment due to a pending sale of the property where the buyer’s
desire is to own the full four-acre parcel. The additional three-acre parcel proposed for addition
contains a barn, utility line, driveway encroachment, and septic system lateral field that serves
the one-acre site. If maintenance or replacement was ever needed on the septic system, the one-
acre parcel would not be able to accommodate such replacement area due to the soils and the
location of the existing residence. It was noted that there is an existing L-shaped easement for
such services located off of the existing one-acre parcel.
Ms. Marren advised the Council that Section 23.103(1) of the Code allows the City Council to
waive or modify the requirements of the subdivision regulations where “…strict compliance
with the requirements of the regulations would result in extraordinary hardship to the applicant
or would prove inconsistent with the purpose of the regulations because of unusual topography
or other conditions...provided, however, that such modification or waiver shall not have the
effect of nullifying the intent and purpose of the regulations….” According to Ms. Marren, in
addition to that Section, Chapter 354.9(2) of the Code of Iowa allows cities to “…waive the
requirements of any of its standards or conditions…”.
It was noted by Planner Marren that the City Council had routinely granted waivers for
residential development in those areas of the Urban Fringe where annexation by the City was
not anticipated in the foreseeable future. Those waivers, however, had been recommended only
when the proposed development was consistent with the use and density standards of the Plan.
Ms. Marren told the Council that, in this case, the waiver request was not within the density
standards for the Urban Residential land use designation and would not be consistent with City
Council policy. She explained to the Council that the proposed waiver for the boundary line
adjustment causes concern for future subdivision and development of the larger parcel for the
connection of streets, lot layouts, and possibly the efficient and cost effective extension of City
services.
Steve Burgason, 3314 Cedar Lane, Ames, clarified that the septic laterals were all contained
within the easement and service only the property at 3618 Cedar Lane. He said that his parents
had owned the parcel for 45 years, and none of the current regulations had existed when they had
built the home and barn on their property. Mr. Burgason stated that the potential new owners
simply wanted an exit strategy, and they wanted to own the land containing the barn and septic
system.
6
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 12-559 approving the
request to waive the City’s density standard for the Urban Residential designation for the
proposed Plat of Survey on Cedar Lane.
Council Member Wacha said that he struggled with this case since it was inconsistent with the
past practices of the City Council and inconsistent with the goals of the Land Use Policy Plan.
He did not believe that the criteria of creating a hardship had been met.
Council Member Larson noted that the request for a waiver of the boundary line adjustment
affected only this property and was necessary to allow for the sale of the property in which the
services (i.e. service barn, utility lines, driveway, and septic lateral field) are located off of the
existing parcel. He believes that it, therefore, does constitute a hardship for the present owners.
Council Member Orazem said he did not believe the land was going to be usable for additional
residential development; that did not present a concern to him.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 12-560 approving the
proposed Plat of Survey for Parcels R and Q on Cedar Lane (3618 Cedar Lane).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
RICHMOND CENTER FORGIVABLE LOAN: Management Analyst Phillips provided a
chronological history of the emergency financial assistance provided in 2008 to the County’s
community mental health provider, the Richmond Center, by United Way, Story County, Mary
Greeley Medical Center, and the City. The City Council had authorized $20,000 in
reimbursement for nursing services for Ames residents and a $25,000 forgivable loan for the
purchase of equipment and software to upgrade the Richmond Center’s client tracking and
billing system. The contract between the City and the Richmond Center had a provision where
the loan could be forgiven after July 1, 2009, based on three criteria being met:
1.The system provides information for use in tracking the service provided to, and
outcomes of, treatment for Ames residents.
2.Mental health services be provided to Ames residents by either Richmond Center,
Richmond Center and Community and Family Resources together, or by Community and
Family Resources (CFR) with its own accreditation at July 1, 2009.
3.Mental health services be financially viable and able to continue beyond July 1, 2009.
It was evident to staff that the Richmond Center had fulfilled Obligation #2; however, it was less
clear to them whether Obligations #1 and #3 had been met.
Mr. Phillips reminded the Council that at the time the assistance was provided, the Richmond
Center purported to be in a financial emergency. Stakeholders from the Richmond Center and
Community and Family Resources were attempting to merge the two agencies.
7
It was noted by Mr. Phillips that the FY 2011 audit for the Richmond Center identified material
weaknesses in internal controls. He provided specifics of the results of the State Auditor’s Office
audit, noting in particular that, between June 2010 and January 2012, Richmond Center
employees received $103,802 in bonuses and gift cards. In addition, the gift cards were not taxed
as required by the IRS. The audit also identified questionable expenditures, e.g., retreats and
outreach luncheons, and gold coins given to staff members on their birthdays. Another issue
brought forward as a result of the audit was that 46 clients were identified who should have been
billed to Story County or another county, but were billed to the City during 2011/12; that
amounted to $4,686.42 in services. Another error resulted in the City being billed incorrectly in
the amount of $1,097.72. Mr. Phillips reported that ASSET staff had received different figures
regarding the number of clients the Richmond Center actually has been serving.
Mr. Phillips reviewed the options available to the City Council regarding the request of the
Richmond Center for forgiveness of the loan. He also asked for Council direction regarding the
improper 2011/12 billings identified in the State Audit.
Council Member Szopinski referenced the employee bonuses, gifts of gold coins, and gift cards,
stating that she felt there had been an inappropriate use of City funds.
John Hostettler, Executive Director of Community and Family Resources and Managing
Director for the Richmond Center, introduced Bernice Buchanan, Development Director, and
Theresa Brown, Medical Billing Supervisor. Mr. Hostettler said that they wanted to work with
the City, but they had not been asked to sit down with ASSET funders to have dialog in an effort
to explain the concerns expressed in the State Audit. He alleged that findings of the State Audit
were being taken out of context. Mr. Hostettler told the Council members that it was important
for them to remember that the Richmond Center is a 501c3 corporation; it is a non-profit private
agency, not a governmental agency.
Council Member Wacha asked Mr. Hostettler if he disagreed with any part of the Council Action
Form (CAF) or the State Audit. Mr. Hostettler said that he did disagree with parts of the CAF
that had referenced discrepancies found by the State Audit. Mr. Wacha strongly expressed his
concern over the results of the State Audit, stating that he found the results “shocking.” He
pointed out that the City had provided a loan of $25,000 to assist in the Richmond Center’s
“financial emergency,” and it was totally unjustifiable to him for the Richmond Center to give
bonuses and gifts to employees when the agency was struggling just to pay its bills.
Bernice Buchanan addressed some key items in response to the results of the State Audit,
specifically employee bonuses and gifts. She contended that the bonuses and gifts were provided
through private funds. Council Member Wacha said none of her explanations excused the
Richmond Center from mismanagement of funds. He noted that the Audit had stated that the
Richmond Center did not even know how many clients it served.
Harv Terpstra, 2423 Timberland Road, Ames, identified himself as a long-time Board Member
of the Richmond Center and a current Board Member of the Community and Family Resources.
He said, from his perspective, the staff of the Richmond Center and CFR had worked hard and
honestly trying to make the agency successful; however, it has become evident that their efforts
had not made the Richmond Center financial viable. Mr. Terpstra acknowledged that there had
been billing errors, but staff had not been fraudulent. In Mr. Terpstra’s opinion, the Richmond
Center had provided excellent service to its mental health and psychiatric clients. Mr. Terpstra
8
asked the City Council to forgive the $25,000 loan to the Richmond Center, stating that would
greatly assist the agency. He contended that the Richmond Center fulfilled many, but not all, of
the stipulations for forgiveness of the loan. Mr. Terpstra also asked that they be allowed to
correct the billing errors to the Council’s satisfaction.
Council Member Goodman said that he and Council Member Larson were on the Council at the
time the City granted the $25,000 loan to the Richmond Center. He feels that there may be a lack
of information on the part of the other Council members who were not serving at the time of the
loan. Mr. Goodman said he perceived the situation as one human service organization trying to
save another human service organizations, but failing in the process. He gave his recollection
of the history of the Richmond Center’s association with Safari and later with CFR. Council
Member Goodman referenced the Council’s past decisions to forgive loans to businesses that
had never created a job in Ames and no longer even exist in the City.
Council Member Larson said that the merger never quite got there; however, the Richmond
Center and CFR operated as though it had happened. He stated that he had totally lost
confidence in both the Richmond Center and CFR and did not believe that the City should be
a participant in the ASSET process with either agency in the future. Mr. Larson expressed his
preference to bring this matter with the Richmond Center to a close. He wanted the City to be
done with the Richmond Center and did not want City staff to spend any more time having
dialog on this. Although the criteria had not been met for forgiveness of the loan, he just wanted
“the issue to go away;” he wanted the matter to end as of this meeting. Council Member
Szopinski said that she agreed with Council Member Larson.
Moved by Larson, seconded by Goodman, to direct that, if the Richmond Center reimburses the
City for the $5,784 in billing errors, the $25,000 loan will be forgiven.
Theresa Brown spoke as the Medical Billing Supervisor for CFR and the Richmond Center. She
told the Council that she was hired in January 2011, and her primary duty was to get the new
billing system in operation by January 1, 2012. Ms. Brown disputed the allegation that $5,784
was billed in error. In reviewing every single charge and back-up, she had only found $844 that
was billed to the City, but should have been billed to Story County. She explained that it takes
90 days for the County to approve funding, and in the interim, charges could have been incurred
that were billed to the City. After the 90 days, the County may have notified CFR that the
charges had been approved. The old system did not have a function to credit the City; it would
have had to be done manually.
Council Member Wacha said he could not support the motion because he believed that the City
should send a strong message and call the loan; it represents $25,000 of taxpayer money. The
inaccurate billings needed to be corrected and the City needed to recoup the amount. Mr. Wacha
again referenced the $103,000+ in bonuses and the fact that the Richmond Center had given
those bonuses because someone had worked in excess of 40 hours per week. He believed it was
the difference between government mentality and private business mentality. Council Member
Larson said that his philosophy would perhaps be different if the Richmond Center had a pool
of money or the merger with CFR had gone through.
Council Member Davis said that one of the most disturbing things to him was the comment made
by Theresa Brown that the City had been billed for services that the County would sometimes
90 days later would approve. Mr. Davis believed that, in a double-entry accounting system,
9
there should have been a record-tracking system that identified the initial service; that is a
fiduciary failure on the part of the Richmond Center. Ms. Brown attempted to explain the billing
system that existed when she was hired by the Richmond Center. She stated that 902 nursing
services were provided to those living in the zip code 50010 and 411 nursing services were
provided to those living in the zip code 50014. She is unsure whether they were City or County,
but contended that they were mostly City clients.
Mr. Davis said that he had originally not intended to forgive the loan; however, he, too, wanted
to be done with this issue and “wipe the slate clean.”
Roll Call Vote: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Szopinski. Voting nay:
Wacha. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these
Minutes.
MEC INTERCONNECTION 161k-V TRANSMISSION LINE: Donald Kom, Director of
Electric Services, advised the Council that the City had received a franchise from the Iowa
Utilities Board to construct the 161k-V Transmission Line. The Line will greatly enhance the
reliability of the delivery of the electric system, bringing a third source into the City. After being
asked by Council Member Davis, Mr. Kom stated that the contract in question has an in-service
date of August 2013.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-561 authorizing the
redirection of CIP funding.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-562 awarding a contract
for Transmission Line Construction to Hooper Corporation of Madison, Wisconsin, in the
amount of $9,054,395.90.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
The meeting recessed at 8:50 p.m. and reconvened at 8:57 p.m.
REVIEW OF LAND USE POLICY PLAN ALTERNATIVES FOR ATHEN PROPERTY: City
Planner Charlie Kuester presented background information. He advised that Chuck
Winkleblack, representing the applicant Jim Athen, was seeking to develop the Athen property,
which is located outside the city limits on George Washington Carver Avenue, for a senior living
center, comprising senior housing, assisted living and skilled care. In addition, areas would be
made available for residential housing. A map of the Athen property was shown; it totals
approximately 140 acres. According to Mr. Kuester, Mr. Winkleblack was also requesting the
designation of the property as Urban Residential on the Urban Fringe Plan and inclusion of the
subject site as an Allowable Growth Area in the Land Use Policy Plan. This would allow for the
annexation and development of the property in question. He said that the Urban Residential
designation identifies those areas of the Ames Urban Fringe that are likely to be annexed and
developed in the near to medium term. The Allowable Growth Area designation of the LUPP
mirrors that intent.
10
Mr. Kuester recalled that, at the March 6, 2012, meeting, the City Council determined the
request to be a major amendment to the Land Use Policy Plan. He expounded on the Major
Amendment Process, stating that City staff had conducted an Open House on June 21 to
introduce the request to interested persons, held a workshop on June 28 to allow interested
persons the opportunity to identify issues and to seek further information, and held a second
workshop on September 10 for staff to report back on specific questions.
It was reported by Planner Kuester that, at the Planning and Zoning Commission meeting on
October 3, the Commission considered the proposed change along with staff’s summary of the
input received at the workshops. The Commission applied in its analysis the review criteria
defined in the LUPP Amendment procedures, which were as follows:
1.City resources, including staff, budget, utilities, transportation, parks and/or schools,
necessary to implement the proposed amendment
2.The City’s ability to provide the full range of public facilities and services at the planned
level of service, or if the proposal will consume public resources otherwise needed to support
comprehensive plan implementation strategies
3.How the proposal relates to current land use allocations and growth projections that are the
basis of the comprehensive plan
4.Compatibility of development allowed under the proposal amendment with neighboring land
uses and surrounding neighborhoods, if applicable
5.Effects of the proposed amendment on historic resources or neighborhoods, or the City’s
general sense of place
6.The cumulative impacts of the proposed amendment, in combination with other proposed
or recently approved amendments
Mr. Kuester reported that the Planning & Zoning Commission had recommended approval of
a map amendment that would allow the annexation of the proposed area. The Commission also
recommended that the City Council consider the following six factors in evaluating and
approving these changes:
1.Development of proposal for the distribution of cost for any needed sanitary sewer
improvements
2.The impact the development in this area may have on emergency service response
3.The impact the development in this area may have in areas that have already been targeted
for growth or have been invested in by the City for growth
4.The possibility that a developer’s agreement be investigated to require a care facility
5.Consideration be given to ensure the protection of the natural area of at least at or before the
tree line
11
6.This area be provided with two zoning designations with the minimum zoning necessary for
the care facility and low density housing
It was noted by Mr. Kuester that the Commission made the broader determination that the
proposal could provide positive benefit to the community and deferred to the City Council to
consider those six factors.
Mr. Kuester advised that the purpose of this item on the Council Agenda was to update the City
Council members on the progress of the evaluation of this request and to give them an
opportunity to provide any comments before sending the request back to the Planning and
Zoning Commission to hold a public hearing on specific LUPP text and/or Map amendments.
Public Works Director John Joiner advised the Council of potential impacts on the sanitary
sewer system from the annexation of the Athen Farm. He stated that the City has had concerns
about the sanitary sewer system in this area. According to Mr. Joiner, the City’s sanitary sewer
consultant had identified a possible capacity issue in the trunk line that flows through Moore
Memorial Park and serves the Northridge, Northridge Heights, Somerset, and Taylor Glen
Subdivision; that trunk line would also serve the subject site. Mr. Joiner advised that Stanley
Consultants had performed a flow study of the sanitary sewer system in 2008 and found that one
segment of 15" sanitary sewer under the northwest corner of the Moore Memorial Park parking
lot was constructed incorrectly; it was laid too flat. The Iowa Department of Natural Resources
(DNR) requires that sanitary sewer pipes of 15" diameter or less should have a ratio of planned
depth of flow to overall pipe diameter of 0.67 or less; the current flow measurements through
that segment show the existing depth of flow ratio is 0.45. The sanitary sewer model for this area
was updated by Bolton and Menk to reflect planned growth east of George Washington Carver
Avenue, and using the planned growth, the model showed the depth ratio will be 0.70. The
model was also updated to include the additional planned assisted living and single-family
growth of the Athen Farm; the depth ratio would increase to 0.85. Accounting for the
Northridge, Northridge Heights, Somerset, and Taylor Glen Subdivisions, the sanitary sewer
flow through that 15" pipe would equate to a flow of 773 gallons/minute compared to the
proposed DNR maximum of 710 gallons/minute. If the Athen flow were added to that segment,
it would equate to 970 gallons/minute.
Mr. Joiner presented mitigated options and presented possible scenarios. The least costly
alternative would be to bypass the flat segment with a new segment of larger pipe constructed
at the correct grade, which would cost approximately $260,000. A proposed cost split would be
for the Athen developer to be responsible for that increment of flow that is contributed beyond
what the current subdivisions contribute. The City would be responsible for its representative
share based on the already established subdivisions. Under that scenario, the developer would
be responsible for 76% of the estimated project cost, which is approximately $197,600. The
second option would be to reroute the sewer flow from the Taylor Glen and Somerset areas to
the south along George Washington Carver Avenue to the Moore Memorial Park sewer. The
estimated costs for that option are $685,000.
According to Mr. Joiner, staff is recommending that any project to address the problem segment
in Moore Memorial Park be delayed and permanent flow meters be installed in Moore Memorial
Park and Somerset Subdivision to provide constant, real-time information so that staff may
continually monitor the flow situation in the various segments. If the City Council would decide
to amend the LUPP to allow for the annexation of the Athen Farm, the developer should be
12
required to deposit the $197,600 share into escrow so that when the time for a project is
determined, that amount would be applied to the overall costs.
It was noted by Director Joiner that the existing pipe is sufficient for the current existing four
Subdivisions; however, when they are completely built-out, more capacity would be needed.
Council Member Davis inquired as to whom would be responsible for the costs if the Athen
property were not annexed. City Manager Schainker said that there is a “fix” that will remedy
similar situations over a broader part of the City; it would also fix this situation. He told the
Council that the City is modeling the situation to find the best solution.
Council Member Davis asked how the pipe got laid incorrectly. Mr. Joiner said that the sewer
is very deep (35'). It was designed correctly, but apparently was surveyed incorrectly and laid
too flat.
Mr. Schainker told the Council that it would be preferable if the Athen developer’s share would
be held in escrow and used towards the most-cost-effective solution. It is difficult to get the
proportionate share from the developer after the development has occurred. Mr. Schainker also
noted that the City is currently conducting a sanitary sewer system evaluation. Mr. Joiner said
it will be at least a year before that is complete. In the context of the entire community, the scale
of this property is not yet known. According to Mr. Joiner, that is the reason for staff
recommending installing permanent flow meters at this spot and in Somerset as well.
Director Joiner said a much-more-expensive solution would be to come up through the Squaw
Creek Corridor to serve the Athen development.
The concern over the cost for emergency services was raised by Planner Kuester. City Manager
Schainker reminded the Council that on April 24, 2012, City staff had presented a report to the
City Council regarding the topic of emergency response times for the City in response to their
decision to allow growth to the North, Northwest, and Southwest, and expansion to 590 Streetth
to the east. Based on the City’s previous approach to measuring response times, many of those
areas would be outside the City’s five-minute travel response time goal of covering 85% of the
community within five minutes travel time from any fire station. He reminded the Council
members that, after the updated Fire Response Study had been presented, they had eliminated
that as a goal from which to base a final decision regarding land use; it moved more towards a
performance indicator for the Fire Department. Mr. Schainker said that senior living, assisted
living, and skilled care facilities have a history of a high demand for services. The City Council
should consider the impacts of locating such a use on the periphery of the City. Not only is this
site farther than five minutes from a fire station, but a high volume of calls to the periphery
redirects resources away from the bulk of the City. The Council was asked to consider the
impact of fire department and emergency resources on growth so that the need for a fourth fire
station could be deferred as long as possible.
Planner Kuester explained the impacts this development may have on other City-invested
Growth Areas. Enlarging the Growth Area to allow homes to be built outside the North Growth
Area would delay payback on the City’s investment in sewer and water infrastructure. Council
Member Goodman said that it might be time for the City to start looking at where the market
dictates development. At the request of Council Member Orazem, Mr. Kuester gave the
locations of the Allowable Growth Areas and the incentives offered in those Areas. The fourth
factor that staff was asking the Council to consider was whether a care facility should be
13
mandated. Mr. Kuester advised that a Development Agreement, as part of a conditional LUPP
amendment, would be the mechanism to accomplish that.
Mr. Kuester explained Factor #5: Protection of Natural Area. He said that a tree line exists at
the top of the slope of the Squaw Creek Valley. The applicant was seeking to develop up to, but
not in, the tree line. The City Council should consider how much of the Natural Area line should
be retained. The protection of these natural resources could be accomplished by deciding where
that line should be drawn. The Natural Area designation that exists has a purpose to protect the
slopes and the tree cover.
The Council was told that the final factor to consider was the zoning designation. According
to Planner Kuester, residents of Northridge Heights are concerned that the area might be zoned
to allow apartments. Mr. Kuester said that the City Council should consider whether to place any
restrictions on the Land Use Policy Plan change or to place any restrictions, later, when a change
of zone is requested. In order for the assisted living facility to exist, a FSRM zoning designation
would be necessary.
Council Member Szopinski expressed concern that, by allowing annexation of the area in
question, more competition would be created for lands that the City had already decided to
service with utilities and prepare for development. Planner Kuester referenced the growth study
performed in 2008 to forecast the population of Ames in 2035. At that time, 40 - 170 single-
family homes/year were being constructed in Ames. That number dropped considerably in 2008,
but it has been rising again since then, and it is a fact that Ames is growing. According to Mr.
Kuester, 40 acres of developable land would allow for the construction of approximately 150
homes based on current density standards. If residential development were allowed on the Athen
site, it could provide all the new home sites for Ames for one year.
Council Member Larson noted that, due to the assisted-living developer wanting to locate at the
site in question, there would be a large tax base provided initially. He would like assurance that
that will occur.
In conclusion, Mr. Kuester asked the City Council to direct staff to develop specific amendments
to develop specific amendments to the LUPP Map and/or text if it believes that the six factors
identified by the Planning and Zoning Commission could be adequately addressed. He said that
the City Council could, by motion, direct staff to develop specific amendments to the Map
and/or text of the Land Use Policy Plan and Urban Fringe Plan for a public hearing by the
Planning and Zoning Commission. The City Council should also give staff direction regarding
how to address each of the six factors.
Chuck Winkleblack, 105 South 16 Street, Ames, addressed the six factors outlined by staff.th
He specifically pointed out that, by the sewer system modeling already done, it appeared that
the City has a problem or will have a problem in this area when Taylor Glen and Somerset are
built out - regardless of whether the senior care facility is built. He does not believe that it is fair
for the developer to have to pay for 75% of the sewer system, as staff has proposed, when the
problem already exists. Mr. Winkleblack noted the multi-million-dollar projects done by the City
in Northwest I and Northwest II with no one interested in developing in those areas. He
contended that the Athen property is the most economical area to develop with a cost to the City
of less than $200,000. There is not an adequate number of lots to supply the housing demand in
the near and medium term. Mr. Winkleblack said he also does not see a need for the buffer
14
because it is bordered by agricultural land. He urged the Council to refer this back to the staff
for sending it back to the Planning and Zoning Commission to hold a public hearing on specific
LUPP text and Map amendments.
Moved by Orazem, seconded by Goodman, to direct staff to have as one of four items that will
be included in a Developer’s Agreement the prorated share of costs that meets the fair costs of
the developer’s and the City’s costs of adding capacity to the sanitary sewer, but that the City
would be monitoring as use increases as Taylor Glen, the rest of Somerset, and as this area
develops and be planning to add capacity as necessary.
City Manager Schainker clarified that that would under the breakdown of costs as presented by
staff. Council Member Orazem said that his motion would include the monitoring and the
shared costs based on that breakdown.
Vote on Motion: 4-2. Voting aye: Davis, Larson, Orazem, Wacha. Voting nay: Goodman,
Szopinski. Motion declared carried.
Moved by Davis, seconded by Larson, to devise a Developer’s Agreement to require a senior
care facility.
Vote on Motion: 5-1. Voting aye: Davis, Goodman, Larson, Orazem, Wacha. Voting nay:
Szopinski. Motion declared carried.
Moved by Goodman, seconded by Orazem, to direct staff to engage in a process to protect the
natural areas running along the tree line in the area.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Szopinski said that she was not in favor of these changes because she does not
feel that she has enough information to make the decisions at this point. Specifically, she noted
that there may be other land that could be developed within the city limits that already has
utilities.
Moved by Orazem, seconded by Davis, to provide this area with two zoning designations with
the minimum zoning necessary for the care facility and low-density housing.
Vote on Motion: 4-2. Voting aye: Davis, Larson, Orazem, Wacha. Voting nay: Goodman,
Szopinski. Motion declared carried.
Council Member Goodman expressed his concern that the Council had not yet found a solution
to the problem of emergency response rates.
Moved by Davis, seconded by Orazem, to refer this item back to the staff and the Planning and
Zoning Commission.
Vote on Motion: 4-2. Voting aye: Davis, Larson, Orazem, Wacha. Voting nay: Goodman,
Szopinski. Motion declared carried.
STORMWATER FEE TIER SYSTEM: Civil Engineer Corey Mellies recalled that, after several
previous discussions concerning a new impervious-based stormwater billing system, staff
brought public feedback back to City Council on August 14, 2012. At that meeting, City Council
reviewed the feedback and asked staff to provide a simplified three or four-tier system that still
took impervious surface into account. The goal of the simplified tier structure was to provide an
15
understandable stormwater fee that generates adequate revenue to fund the stormwater system
serving Ames residents. Customers having larger impervious areas generally pay more than
those with less impervious areas.
Mr. Mellies explained the Tier Structure Rate System. He said that staff used the impervious
area per account to establish the four tiers. These ranges were then used to define the difference
in cost for each tier. Staff then used the data to calculate the fee for each tier, assuming that the
new system was revenue-neutral. The calculated values shown for Tier 1 were found to be close
in value to the current flat fee of $3.45 due to the high percentage of accounts in that tier. It was
decided to leave Tier 1 at the current rate of $3.45 and to use the difference in cost for each tier.
That resulted in a small overall increase in revenue, which may mitigate expected future rate
increases.
The tier rate will be applied to all active accounts just as the current flat fee is applied. This
means that no account in the City will pay less than the Tier 1 rate. This also means that
apartment units and condos with individual accounts will continue to be charged no less than
that rate. Only active accounts would be charged, however under 150 square feet of impervious
surface would not be charged.
Council Member Davis asked why a February 2013 commencement date for implementation of
the new Structure. He felt that many non-profit properties operate on a fiscal year basis and
would not have budgeted for an increased amount for Stormwater Fees. Mr. Mellies noted that
the City had already begun its customer education outreach. The original implementation date
was going to be January 2013; this would only be pushing it back one month.
Moved by Larson, seconded by Orazem, to direct staff to prepare an ordinance amending the
current Stormwater Code Section 28.802 to implement a four-tier-based system based on
impervious area, implement a public relations campaign to notify the public of the changes, and
implement the new rates in February 2013.
Vote on Motion: 6-0. Motion declared carried unanimously.
FLOOD DAMAGE - BANK EROSION (326 NORTH RIVERSIDE DRIVE AND STUART
SMITH PARK): Civil Engineer Corey Mellies recalled that the Council had been asked at a prior
meeting to receive the report of bids, but not award the contract because the confirmation letter
from Homeland Security had not been received. An e-mail confirmation had now been received.
Moved by Davis, seconded by Szopinski, to adopt RESOLUTION NO. 12-563 approving final
plans and specifications and awarding a contract to Peterson Contractors, Inc., of Reinbeck,
Iowa, in the amount of $499,946.75.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Davis, seconded by , Szopinksi, to adopt RESOLUTION NO. 12-564 reallocating
$43,000 of G. O. Bond proceeds from the Squaw Creek Pedestrian Bridge project to fund this
project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
16
RINGGENBERG SUBDIVISION: Public Works Director Joiner told the Council that, under a
2005 Development Agreement for the Ringgenberg Subdivision, the City is to pay for upsizing
Cedar Lane to collector street standards, and if the cost of the City’s share is in excess of
$50,000, the contract would be bid through the City. However, the State’s bidding laws had
changed since that time, so if the City has any funds in the contract, the contract must be bid by
the City as a public improvement.
According to Mr. Joiner, the developer of this Subdivision would like to have the street paved
yet this fall. If the City were to bid the contract, time constraints involved with the public
bidding process would not allow the street to be constructed this calendar year. Under the
Development Agreement, the developer is responsible for paving the section of concrete trail
on the west side of Cedar Lane from Oakwood Road to Suncrest Drive. The cost to construct the
trail is comparable to the City’s portion of the costs to upsize Cedar Lane, so to facilitate
construction of the street his fall, the Council could approve an amendment to exchange those
responsibilities. The developer would then cover the City’s oversizing costs and take
responsibility for paving the street, and the City would assume the responsibility to construct the
trail.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-565 approving the
Supplemental Development Agreement for Ringgenberg Subdivision.
Kurt Friedrich, Friedrich& Company, Ames, developer of the site in question, requested that the
$250,000 Letter of Credit, originally filed with the Final Plat and currently being held by the
City for this specific section of Cedar Lane, be released or significantly reduced. City Attorney
Marek advised that the Letter of Credit was securing other improvements besides the pavement
of the street (erosion control, grading, and surface paving and sidewalks for Coyote Drive and
Red Fox Road). Mayor Campbell suggested that Mr. Friedrich discuss his request with staff.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
The meeting recessed at 10:30 p.m. and reconvened at 10:36 p.m.
HEARING ON URBAN REVITALIZATION PLAN FOR SOUTHEAST 16 STREETTH
FIRST URBAN REVITALIZATION AREA: Mayor Campbell opened the public hearing.
Steve Marley, 1502 Meadowlane Avenue, Ames, said that he believed the creation of an Urban
Revitalization Area for Southeast 16 Street would be a “really bad idea.” He said what isth
critical is that the City has a flood mitigation study currently in process, and approving the URA
would be premature at this point since changes might be made to the base flood elevation. Mr.
Marley also expressed his concerns over fill dirt being brought in to change elevations. His
property is within two miles of the Skunk River. Mr. Marley raised additional concerns that the
needed engineer’s certification of the no-rise elevation and the various permits/approvals from
the Department of Natural Resources (DNR), Army Corps of Engineers, and City of Ames have
not yet been received.
The public hearing was closed after no one else asked to speak.
17
City Planner Kuester, recalled that the City Council had determined, on September 11, 2012, that
the Urban Revitalization Policy for Southwest 16 Street could be met, accepted the applicationth
of Deery Brothers for the establishment of the Urban Revitalization Area, and directed staff to
prepare an Urban Revitalization Plan and ordinance. He explained the Plan for the Southeast
16 Street First Urban Revitalization Area. Mr. Kuester stated that staff believes all criteria haveth
been or will be met with the approval of the Development Agreement.
The concerns of Mr. Marley were addressed by Mr. Kuester. The DNR has indicated that it is
waiting for information from the applicant to determine if it needs to approve the Plan. The
same holds true for the Army Corps of Engineers. If it is determined that either agency needs
to approve the Plan, evidence of approval must be shown to the City. If approval is needed and
not given, then the terms of the Development Agreement would apply. Council Member Wacha
clarified that the project would still move forward; tax abatement would be granted, but the
developer would then have to reimburse the City for the exact amount of abatement. In that case,
they would not receive any financial incentive from the City.
City Manager Schainker emphasized that once the City Council approves the URA Plan, all the
lots become eligible for tax abatement. He noted the six criteria that had been placed on the tax
abatement. However, to protect the City’s interests in the event that all six criteria are not met
in a timely basis, a separate Developer’s Agreement had been created, which would ensure that
the City would be reimbursed by the developers through a payment-in-lieu-of tax for the total
amount of the City’s portion of the tax abatement they receive. Mr. Schainker explained the
terms of that Agreement, specifically:
1.The requirement to construct improvements within two years of the effective date of the
Agreement
2.Placement of fill
3.Use restrictions
4.Reimbursement to the City if any of the qualifying criteria are not satisfied
5.Security in the amount of $300,000 to secure the developer’s obligation to reimburse the
City if they fail to satisfy the criteria related to lot 1
6.The Deerys will be responsible only for the lots they develop
7.Revised site plan and Supplemental Agreement will be required for development on Lots 2
and 3
City Manager Schainker reviewed the terms of the Developer’s Agreement. He emphasized the
requirement placed on the developer to construct the flood mitigation improvements. The
Agreement gives the developer up to two years to complete the improvements. Section 8 of the
Agreement requires a Letter of Credit to be filed by the developer to secure improvements on
Lot 1. The Deerys will only be responsible for the lots that they own.
City Attorney Marek noted that there is also a continuing obligation to maintain the stream
channel by the owner of Lot 1 even after the expiration of the abatement. Even if the “clawback”
provisions and security have been released, the City has the right to sue and get a Court Order
to force the owner of Lot 1 to maintain the improvements.
Discussion ensued as to the revenues being denied to the other taxing entities (specifically the
School District) if the developer fails to meet the six criteria. Responding to a question asked
by Council Member Goodman, City Manager Schainker stated that the direction given by the
18
City Council was to protect the City’s portion of the taxes. He did not negotiate for any other
entities.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-566 approving the
Urban Revitalization Plan.
City Manager Schainker wanted the planner to explain the Final Plat before motions would be
made.
Motion withdrawn.
Planner Kuester told the Council that it had, on September 25, 2012, approved the Preliminary
Plat for Deery Subdivision with five conditions. The Council was advised by Mr. Kuester that
those conditions had been or will be met with the adoption of the Sidewalk Agreement.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 12-566 approving the
Urban Revitalization Plan.
Roll Call Vote: 4-2. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these Minutes. Voting aye: Davis, Larson, Orazem, Wacha. Voting nay: Goodman,
Szopinski. Resolution declared adopted, signed by the Mayor, and hereby made a portion of
these Minutes.
Moved by Davis, seconded by Orazem, to pass on first reading an ordinance establishing the
Southeast 16 Street First Urban Revitalization Area.th
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Davis, seconded by Larson, to adopt RESOLUTION NO. 12-567 approving the
Developer’s Agreement.
Roll Call Vote: 5-1. Voting aye: Davis, Larson, Orazem, Szopinski, Wacha. Voting nay:
Goodman. Resolution declared adopted, signed by the Mayor, and hereby made a portion of
these Minutes.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 12-568 approving the
Sidewalk Agreement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 12-569 approving the Final
Plat.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON MASTER PLAN FOR SUNSET RIDGE SUBDIVISION: City Planner Marren
stated that the item deals with a proposal to revise the Preliminary Plat and Master Plan for
Sunset Ridge Subdivision, which was originally approved by the City Council on June 8, 2004,
and amended on October 24, 2006.
Ms. Marren advised that the Preliminary Plat and Master Plan amendments included the addition
of four lots for the construction of single-family detached residential dwellings. The applicant
19
is proposing a shift to Westfield Road south to allow for a row of single-family lots on the north
side of Westfield, remove Glenwood Street and Bedford Avenue, extend Ellstone and wilder
Avenue to the north boundary of the Subdivision, to end Allerton Drive at Wilder Avenue, and
to extend Springbrook Drive across Westfield Road into a cul-de-sac at Springbrook Circle.
Pertaining to the Development Agreement, Ms. Marren noted two required amendments:
1.Section IV(A)(3), regarding the number of street connections, will need to be amended to
address the newly proposed street layout for the revised Preliminary Plat.
2.Section IV(A)(9), the provision regarding when the City shall let a contract for bid for the
Westfield Road and Wilder Avenue work, needs to be updated to conform to the current
bidding law and to allow an option for the City contribution to the oversizing of Wilder
Avenue and Westfield Road to be an equivalent project, upon mutual agreement of the
owner and the City.
The public hearing was opened by the Mayor. Jason Mickelson, 768 North 500 Avenue, Ames,th
said that he is concerned about the speed limit of County Line Road. He asked if the City was
considering lowering the speed limit on that Road. He also expressed concerns about homes
being built so close to his property line. He asked if anyone knew what effect that would have
on his property’s value.
Mayor Campbell told Mr. Mickelson that changing the speed limit on County Line Road was
not under the purview of City.
Chuck Winkleblack, 105 South 16 Street, Ames, replied to Mr. Mickelson’s concern that, fromth
a property value perspective, Mr. Mickelson’s property will be adjacent to another property’s
backyard instead of having a street run right by his home. Further, it is generally more desirable
to have the buffer (a backyard) instead of a street. The lots will be slightly larger with less
impervious surface.
The Mayor closed the hearing when no one else asked to speak.
Moved by Davis, seconded by Goodman, to adopt RESOLUTION NO. 12-570 approving the
revised Master Plan.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Davis, seconded by Goodman, to adopt RESOLUTION NO. 12-571 approving the
revised Preliminary Plat.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Davis, seconded by Goodman, to adopt RESOLUTION NO. 12-572 approving the
Second Supplemental Development Agreement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
20
HEARING ON MOTOR CONTROL CENTER NO. 1 REPLACEMENT PROJECT:
The public hearing was opened by Mayor Campbell. She closed same after there was no one
who asked to speak.
Moved by Davis, seconded by Wacha, to accept the report of bids and delay award of contract.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON AMES PUBLIC LIBRARY RENOVATION AND EXPANSION
ABATEMENT WORK: Mayor Campbell opened the public hearing. No one came forward to
speak, and the hearing was closed.
M oved by D avis, seconded by Szopinski, to accept the report of bids and delay aw ard of contr act
until N ovem ber 27 , 2012 .
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON STORMWATER FACILITY REHABILITATION PROGRAM - SPRING
VALLEY SUBDIVISION: The Mayor opened the hearing. No one requested to speak, and the
Mayor closed the hearing.
Moved by Wacha, seconded by Davis, to accept the report of bids and reject the project.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON 2008/09 TRAFFIC SIGNAL PROGRAM (LINCOLN WAY AND SHELDON
AVENUE): The hearing was opened by the Mayor and closed after no one asked to speak.
Moved by Davis, seconded by Orazem, to adopt RESOLUTION NO. 12-573 approving final
plan s and spe cifications and awarding a co ntr ac t to KW S, Inc ., of Cedar Fa l l s, Iow a, i n the
am ount of $1 85,983.50.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2009/10 TRAFFIC SIGNAL PROGRAM (LINCOLN WAY AND ASH
AVENUE): Mayor Campbell opened the public hearing. It was closed as no one came forward to
speak.
Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 12-574 approving final
plan s and spe cifications and awarding a contr act to KW S, Inc., of Ceda r Fa lls , Iow a, in the
am ount of $1 60,919.23.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2010/11 TRAFFIC SIGNAL PROGRAM (28 STREET AND GRANDTH
AVENUE): The public hearing was opened by the Mayor. There being no one wishing to speak,
the hearing was closed.
Moved by Szopinski, seconded by Orazem, to adopt RESOLUTION NO. 12-575 approving final
plans and specifications and aw arding a co ntract to B aker Ele ctric, Inc., of D es M oines, Iow a,
in the am ount of $1 60,872.83.
21
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2010/11 TRAFFIC SIGNAL PROGRAM (SOUTHEAST 16 STREET ANDTH
SOUTH DAKOTA AVENUE): The Mayor opened the hearing. The public hearing was closed
as no one requested to speak.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-576 ap proving final
plans and specification s and aw arding a contract to B aker Ele ctric, Inc., of D es M oines, Iow a,
in the am ount of $1 57,573.72 .
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE RELATING TO CHARGES FOR PUBLIC URINATION: Moved by Goodman,
seconded by Orazem, to pass on first reading an ordinance rem oving m isde m eanor from
M unicipal Code Se ction 11.4, “Public U rination,” s o o ff ens e m ay be charge d as a m isde m eanor
or m unicipal infraction .
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING IOWA CODE REFERENCE PERTAINING TO CRUELTY TO
ANIMALS: Moved by Davis, seconded by Wacha, to pass on second reading an ordinance
amending Iowa Code reference pertaining to cruelty to animals.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO MEMBERSHIP FOR HUMAN RELATIONS
COMMISSION: Moved by Davis, seconded by Goodman, to pass on second reading an ordinance
approving a reduction in membership for the Human Relations Commission.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ADDING FIREARM SALES AS PROHIBITED HOME OCCUPATION:
Moved by Wacha, seconded by Davis, to pass on third reading and adopt ORDINANCE NO.
4126 adding firearm sales as a prohibited home occupation in Section 29.1304(1)c.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE VACATING ALLEY WEST OF AMES PUBLIC LIBRARY: Moved by
Goodman, seconded by Davis, to pass on third reading and adopt ORDINANCE NO. 4127
vacating the alley west of the Ames Public Library.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
COUNCIL COMMENTS: Moved by Wacha, seconded by Davis, to direct staff to have an
informal conversation with the IDOT about the size and visibility of the left-hand turn sign into
Walmart on South Duff.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Wacha, seconded by Davis, to refer to staff the request from the Campustown Action
Association that the image on the green Campustown directional sign on the north side of
22
Lincoln Way across from the Iowa State Center be changed to the new Campustown logo.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Davis, seconded by Larson, to refer to staff the request dated October 13, 2012, from
Larry W. Cormicle, Chair of the Ames Building Code Board, to research whether to revise the
signage ordinance.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Davis, seconded by Larson, to refer the letter from Brad Larson, Stumbo and
Associates Land Surveying, dated October 18, 2012, requesting a waiver of Major Subdivision
requirements for 1817 East Lincoln Way
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman to direct staff to respond to Mr. Hackbarth’s suggestion to clean up the
rivers. Assistant City Manager Bob Kindred said that special permits are required from the DNR,
among others. He said he had spoken with Mr. Hackbarth after he had spoken at Public Forum.
Motion died for lack of a second.
Council Member Larson requested that the City Council get an update on the status of Grant
Avenue, i.e., cost estimates and Developers’ Agreements. Mr. Larson said he seemed to recall
that the developers of Quarry Estates had indicated that they would go ahead with their part of
the development without the road issue being resolved. Mr. Kindred stated that the pavement
of Grant Avenue had not been included in the CIP. After approving the first steps towards
allowing the Athen development, Mr. Larson said he wanted to ensure that the City Council is
not giving an unfair advantage to one developer over others. Mr. Kindred indicated that a status
report would be provided to the Council.
ADJOURNMENT: Moved by Davis to adjourn at 11:47 p.m.
________________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor