HomeMy WebLinkAbout~Master - Meeting of the Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee 05/24/2011MINUTES OF THE MEETING OF THE
AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO)
TRANSPORTATION POLICY COMMITTEE
AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MAY 24, 2011
MEETING OF THE AMES AREA METROPOLITAN
PLANNING ORGANIZATION TRANSPORTATION POLICY COMMITTEE
The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee
met at 7:00 p.m. on the 24th day of May, 2011, in the City Council Chambers in City Hall, 515
Clark Avenue, pursuant to law with the following voting members present: Campbell, Davis,
Goodman, Larson, Mahayni, and Orazem. Also present were AAMPO Administrator John Joiner,
and Rudy Koester, City of Ames Transportation Planner. Voting Members Clinton, Choi, O’Brien,
and Wacha were absent.
PUBLIC HEARING ON PROPOSED 2012 TRANSPORTATION PLANNING WORK
PROGRAM (TPWP): Rudy Koester, City Transportation Planner, explained that the Final FY
2012 TPWP includes eight planning work elements to ensure an integrated transportation
system. There were no major changes from the draft previously provided to the Policy
Committee. The Iowa Department of Transportation administers the Program. According to Mr.
Koester, a public input session was held on April 26, 2011, and no revisions were requested. The
TPWP must be filed on or before June 1, 2011.
Administrator Campbell opened the public hearing. There was no one wishing to speak, and the
hearing was closed.
Moved by Mahayni, seconded by Larson, to approve the Final 2012 Transportation Planning
Work Program
Vote on Motion: 6-0. Motion declared carried unanimously.
DRAFT FY 2012-15 TRANSPORTATION IMPROVEMENT PROGRAM (TIP):
Transportation Planner Koester said that the TIP outlines projects that will receive federal
funding. The Program spans four years and covers street improvements, CyRide projects, and
trail projects. Mr. Koester highlighted the projects that are scheduled to occur in 2012.
Moved by Davis, seconded by Mahayni, to approve the draft FY 2012-15 TIP and setting June
28, 2011, as the date of public hearing.
Vote on Motion: 6-0. Motion declared carried unanimously.
AMENDMENT TO FY 2011-14 TIP: Shari Atwood, Transit Planner, advised that CyRide will
be requesting a Job Access and Reverse Commute (JARC) Grant for the Gray Route that travels
to the Kate Mitchell area. The funding for that Grant must be included in the previous year’s
TIP, instead of with the FY 2012 funding. Due to that requirement, an amendment to increase
the funding levels for FY 2011 was necessary. Also, there was a slight error in the formula; it
would increase it from $6,561 in federal funding to $15,844.
Moved by Goodman, seconded by Davis, to approve the amendment to the FY 2011-14 TIP.
Vote on Motion: 6-0. Motion declared carried unanimously.
REVISION OF FEDERAL FUNCTIONAL CLASSIFICATION (FFC): Transportation Planner
Koester said that Public Works staff noticed a couple changes that needed to be made to the
FFC. To facilitate the changes, staff has to make a formal request to the Iowa DOT to reclassify
certain roadway segments. Once the Iowa DOT approves the reclassification, it goes to the
federal government for approval.
Municipal Engineer Tracy Warner further advised that STP funding may be used for any
classification above a local roadway. With the reclassifications being requested, STP funding
will be able to be used since the roads would be designated as collectors or minor arterials.
Moved by Larson, seconded by Davis, to authorize staff to make a formal request to the Iowa
Department of Transportation to revise the FFC of the following roadway segments:
Dotson Drive - Lincoln Way to Mortensen Road
Ridgewood Avenue - 13th Street to 20th Street
Hayes Avenue - 20th Street to 24th Street
Hoover Avenue - 24th Street to 30th Street
South Dayton Place - South Dayton Avenue to Southeast 16th Street
Southeast 16th Street - Dayton Avenue to South Dayton Place
Southeast 16th Street - South Duff Avenue to South Dayton Avenue
South Dayton Avenue - South Dayton Place to Southeast 16th Street
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis, seconded by Goodman, to adjourn the meeting at 7:10 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
REGULAR MEETING OF THE AMES CITY COUNCIL
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 7:14 p.m.
on May 24, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from the
Ames City Council were Davis, Goodman, Larson, Mahayni, and Orazem. Ex officio Member
Finseth was also present. Council Member Wacha was absent.
PRESENTATION OF HISTORIC PRESERVATION AWARD(S): Mayor Campbell introduced
Sharon Wirth, Chairperson of the Historic Preservation Commission. Ms. Wirth and Mayor
Campbell presented the following Awards:
1.Significant Achievement in Historic Preservation: Ames Historical Society. Kathy Svec
accepted the Award on behalf of the Ames Historical Society.
2.Adaptive Reuse: The Vinyl Café, 303 Kellogg Avenue. Ben Hull, owner of The Vinyl Café,
was unable to attend.
3.Significant Achievement in Historic Preservation: Gloria Betcher. Ms. Betcher was
present and accepted the award.
4.Adaptive Reuse: Caleb Mathews for Caleb Jamin Photography Studio, 232½ Main Street.
Mr. Mathews was unable to attend.
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5.Historic Rehabilitation: Chuck Winkleblack and Mark Hanson for rehabilitation of the old
Moore’s Dairy into Miss Meyer’s, 426-5th Street. Mr. Winkleblack and Mr. Hanson were
present and accepted the award.
6.Significant Achievement in Historic Presentation: Youth and Shelter Services, Inc.
(YSS). Accepting the award on behalf of YSS was John Eitel.
7. Architecturally Compatible New Addition or Structure: Dayton Road Development
Corporation for 211 Lynn Avenue. Accepting the award was Stacy Woodward.
CONSENT AGENDA: Moved by Goodman, seconded by Davis, to approve the following items
on the Consent Agenda:
1. Motion approving payment of claims
2.Motion approving Minutes of the Regular Meeting of May 10, 2011
3. Motion approving Report of Contract Change Orders for May 1-15, 2011
4. Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a. Class B Beer – Pizza Hut #4303, 436 South Duff Avenue
b. Class C Liquor – Old Chicago, 1610 South Kellogg Avenue
c. Class B Liquor w/Outdoor Service – Gateway Hotel & Conference, 2100 Green Hills Drive
d. Class C Beer and B Wine – Ames Asian Market, 819 Wheeler Street, #5
e. Class B Beer – King Buffet of Ames, 1311 Buckeye Avenue, Suite B
5. RESOLUTION NO. 11-239 approving 2011/12 Human Services Contracts
6. RESOLUTION NO. 11-240 adopting new and revised fees
7. RESOLUTION NO. 11-241approving agreement with Interstate Power & Light for work on
Main Street Alley (Douglas Avenue to Kellogg Avenue)
8. RESOLUTION NO. 11-242 setting public hearing for June 14, 2011, on proposed vacation of
a portion of 11th Street and a portion of alley between Kellogg and Douglas for Mary Greeley
Medical Center
9. RESOLUTION NO. 11-243 approving Section 3 Plan in connection with Community
Development Block Grant (CDBG) program requirement
10. RESOLUTION NO. 11-244 approving preliminary plans and specifications for 2011/12
Collector Street Pavement Improvements Program (Hayes Avenue); setting June 8, 2011, as bid
due date and June 14, 2011, as date of public hearing
11. RESOLUTION NO. 11-245 approving preliminary plans and specifications for 2011/12 Water
System Improvements (Water Main Replacement for Graeber Street/Hughes Avenue); setting
June 22, 2011, as bid due date and June 28, 2011, as date of public hearing
12. RESOLUTION NO. 11-246 approving preliminary plans and specifications for Emergency
Relief Projects (South Dayton Avenue, Sixth Street Bridge, Lincoln Way Bridge at Squaw
Creek); setting June 21, 2011, as bid due date and June 28, 2011, as date of public hearing
13. RESOLUTION NO. 11-247 approving contract and bond for 2010/11 CyRide Route Paving
Improvements (Ontario Street)
14. RESOLUTION NO. 11-248 approving contract and bond for 2010/11 Collector Street
Improvements (Storm Street)
15. RESOLUTION NO. 11-249 approving Plat of Survey for 519 South Duff Avenue
16. RESOLUTION NO. 11-250 approving Plat of Survey for 1109 Ridgewood Avenue
Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
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PUBLIC FORUM: Richard Deyo, 505-8th Street, #2, Ames, said that his name is actually “Bin
Laden.” He told the City Council to have a good evening and wished them peace.
Dan Culhane, President of the Ames Chamber of Commerce and Ames Economic Development
Commission, presented to the City a watercolor print done by local artist Jo Meyers Walker,
which had been awarded “Best in Show” at the Chamber’s Annual Dinner held in February
2011. Mr. Culhane also presented a plague to the City that is a replication of the from page of
the Ames Tribune from December 17, 2010, announcing the expansion of WebFilings. In that
article, WebFilings announced its intent to create 250 new jobs. The four partners: WebFilings,
Research Park Corporation, Ames Economic Development Commission, and the City worked
diligently to make that expansion happen. The company plans to break ground for the expansion
project later in Summer 2011. Lastly, Mr. Culhane presented a chart showing that the City of
Ames and the Ames Economic Development Commission had partnered to create 1,500 jobs in
the past ten years. He noted that the chart was a great illustration of the benefit of that
partnership, and he thanked the City for its investment in economic development.
NEW 12-MONTH SPECIAL CLASS C LIQUOR LICENSE FOR OCTAGON CENTER FOR
THE ARTS: Moved by Davis, seconded by Goodman, to approve a new 12-month Class C Liquor
License for Octagon Center for the Arts, 427 Douglas Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
5-DAY CLASS C LIQUOR LICENSES FOR OCTAGON CENTER FOR THE ARTS: Moved
by Mahayni, seconded by Davis, to approve a 5-Day Class C Liquor License for Octagon Center
for the Arts, 427 Douglas Avenue.
Vote on Motion: 5-0. Motion declared carried unanimously.
5-DAY CLASS C LIQUOR LICENSE FOR OLDE MAIN BREWING COMPANY: Moved
by Davis, seconded by Mahayni, to approve a 5-Day Class C Liquor License for Olde Main
Brewing Company at Reiman Gardens, 1407 University Boulevard.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON VOLUNTARY ANNEXATION OF PROPERTY LOCATED IN SECTION
21, FRANKLIN TOWNSHIP, STORY COUNTY (ROSE PRAIRIE: Planner Charlie Kuester
gave a chronological summary of the actions that had been taken since Story County Land, L.C.,
filed a Petition for Voluntary Annexation of approximately 174 acres of land north and west of
Ada Hayden Heritage Park. According to Mr. Kuester, the Land Use Policy Plan identifies the
area in question as an “Allowable Growth Area.” The area is designated as Urban Residential.
It was clarified by Planner Kuester that the Sturgis property is not being included in the
annexation request.
Mr. Kuester advised that the City Council was not being asked to take any action at this meeting.
Due to a provision in the Iowa Code, the applicant has the right to withdraw its request to annex
within three days following the public hearing; therefore, approval or denial of the annexation
request will occur at the City Council meeting of June 14, 2011.
According to Mr. Kuester, the Planning & Zoning Commission, at its meeting of April 20, 2011,
unanimously recommended that the City Council approve the request to annex the property in
question with a strong recommendation that the Council consider issues regarding traffic (that
had been raised by the Bloomington Heights Neighborhood Association). The Commission
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asked the City Council to, regarding future annexations, look at traffic patterns in a broader
sense and not just as they relate to the city limits at that time.
Mayor Campbell opened the public hearing. There being no one wishing to speak, the hearing
was closed.
HEARING ON FIRST UNITED METHODIST CHURCH (FUMC) LAND TRANSACTION:
The Mayor opened the public hearing. She closed same after no one came forward to speak.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-251 approving the
Developer’s Agreement.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-252 approving
vacating easements.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-253 approving sale
of City-owned property to FUMC.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-254 approving a
Plat of Survey for 500, 508, 514, and 516 Kellogg Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON REZONING PROPERTY AT 1820 SOUTH DAYTON PLACE: Planning and
Housing Director Steve Osguthorpe advised that the property in question is a five-acre parcel
that was annexed into the City on November 7, 2008; at that time, it was brought in with the
Agricultural zoning designation. On April 18, 2011, a Rezoning Application [from Agricultural
to Highway-Oriented Commercial (HOC)] was filed on behalf of the property owners Jeffrey
James and Judy James.
Mr. Osguthorpe stated that the property is in the Floodway Fringe and would be subject to the
City’s floodway standards (raised to the proper elevation and all measures are taken to protect
it from flood damage). According to Mr. Osguthorpe, the property is also located in the City’s
Gateway Protection Area. He raised the question of whether the Council desired to refer the
matter back to staff for further rezoning to apply the Overlay District. Director Osguthorpe
further explained that the Overlay District was the result of discussions among property owners,
the Department of Transportation, and the City as a means to create more of an entryway
corridor statement. He also told the Council that the Overlay District already includes all the
land around this property. Mayor Campbell asked if that would mean the rezoning on the table
would have to be postponed. In reply, Mr. Osguthorpe said that the Council could move forward
with first passage of rezoning the property to HOC; the normal rezoning process could then
begin for applying the Overlay zoning.
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Council Member Orazem asked to know if there could be implications of changing the zoning
designation of the property if FEMA re-defines the “1 in 100-year floodplain” and changes the
boundaries for the floodway. Mr. Osguthorpe noted that the property in question is already
located in the Floodway Fringe, not the Floodway, and he did not anticipate any change unless
FEMA narrows the amount of land that would be contained in the Floodway Fringe. Also, at
the inquiry of Council Member Orazem about the property’s elevation, Mr. Osguthorpe said that
he could advise the Mayor and Council of the elevations; however, he did not have that
information with him.
Council Member Larson asked if the property owner had “weighed in” on the possible
application of the Overlay. Mr. Osguthorpe said he was unsure if the James’s had been involved
in any discussions of that nature; however, if staff moves forward with the Overlay rezoning,
it would be discussed with the property owners.
At the question of Council Member Orazem, City Attorney Marek advised that, if nothing is
built until a redefinition of the “100-year floodplain” is received, the new “1 in 100-year” level
would apply. If they were to further develop the property now, the current level would apply.
The hearing was opened by Mayor Campbell. No one came forward to testify, and the Mayor
closed the public hearing.
Moved by Goodman, seconded by Mahayni, to pass on first reading an ordinance rezoning
property at 1820 South Dayton Place from Agricultural (A) to Highway-Oriented Commercial
(HOC).
Roll Call Vote: 5-0. Motion declared carried unanimously.
Moved by Larson, seconded by Goodman, to refer to staff to determine whether the property
should be further rezoned to be included in the Southeast Gateway Overlay Zoning District.
Chuck Winkleblack, 105 South 16th Street, Ames, said that his understanding was that, at some
point in time, that would happen. The other parcel that is adjacent to the property in question
already falls under those guidelines, so the owners were under the assumption that this property
would as well.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON REZONING PROPERTY LOCATED AT 1010 SOUTH DUFF AVENUE:
Director Osguthorpe advised that the Council had referred a letter from Chuck Winkleblack
requesting a Land Use Policy Plan amendment for this property, locally known as the Carney
property. He noted that the application for a LUPP Map amendment was accompanied by an
application for rezoning (to Highway-Oriented Commercial) for the same property. According
to Mr. Osguthorpe, the upland portion of this property has already been developed. When this
item was referred to staff, the Council had inquired about the property’s flood potential. Mr.
Osguthorpe said that the property on the south side is both out of the Floodway Fringe and out
of the Floodway. Although located right next to the Creek, the property in question remained
dry during last August’s flood event. Therefore, it is expected that if the property were to be
further developed, it also would not incur flooding. It was noted by Mr. Osguthorpe that there
could still be some development allowed in the Floodway Fringe, such as parking lots.
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The proposal was to change the Land Use Policy Plan first, followed by the rezoning to
Highway-Oriented Commercial. Chuck Winkleblack clarified the exact boundaries of the
requested rezoning.
Council Member Goodman asked about the frequency of changing property to HOC that had
been designated as a Greenway. According to Mr. Osguthorpe, there had been discussion about
property in a Greenway involving property on South 16th Street where the Skunk River went
right through that property. Mr. Goodman asked if the part of the property that is designated as
a Greenway would only allow parking lots. Mr. Osguthorpe replied that the property is not in
the floodway; it is located in the Greenway, which is intended to maintain open space,
continuity, and wildlife.
Mr. Osguthorpe noted that the parcel had to be reconfigured to keep a portion with frontage on
South Duff (to maintain frontage requirements); that ends up being within the Creek. The only
portion that would end up not being developed would be the flowing water area. It is not known
how the property will end up being developed, so staff does not know at this point what will be
paved.
Director Osguthorpe explained that there is an overlay along the area in question that designates
it as a Greenway. The Greenway designation mostly follows the floodway as designated by
FEMA. Mr. Osguthorpe said that staff has found no inconsistencies between the proposed
amendment and the existing goals and policies of the LUPP. He said that the subject property
is in a prime location for an infill site for commercial development along South Duff Avenue.
According to Mr. Osguthorpe, the Greenway designation will remain and the overlay
designation over the HOC base designation would not impede the proposed rezoning, platting,
or eventual development.
Mayor Campbell opened the public hearing.
Discussion continued about appropriate use of land designated in the Greenway. Council
Member Goodman said he would like to see more structure or guidelines about Greenways
because he feels like he has to be an expert on things like wildlife migration before making
decisions on these types of issues. Director Osguthorpe made the Council aware that if there is
any wildlife that has to go under the bridge, they would end up on this property on the other side.
Chuck Winkleblack said that there is some dry land under the bridge.
Chuck Winkleblack, 105 South 16th Street, said that it is hoped that a Final Plat for this property
will be on the Council’s Agenda for June 14; that will be much more detailed and clarify
elevations and boundaries. He also noted that there is right-of-way already designated all the
way along the northern boundary of the property. There would be a total of approximately 2.7
acres rezoned to HOC with 1.75 acres being out of the Floodway and the Floodway Fringe.
There would be still be a corridor for wildlife to migrate through the Greenway.
There being no one else wishing to speak, the hearing was closed.
Moved by Larson, seconded by Mahayni, to adopt RESOLUTION NO. 11-255 approving a
Land Use Policy Plan Map amendment from Agricultural (A) to Highway-Oriented (HOC).
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Council Member Goodman asked if the City Council needed to provide additional direction to
staff to address the issue of appropriate use of property in the Greenway or at least an evaluation,
specifically, that efforts should be made as part of the process. City Manager Schainker said that
it raises a good point pertaining to the whole philosophy behind Greenways and what is hoped
to be accomplished by naming those. Council Member Goodman said it is difficult for the
Council members to know how much value to give to something that at one point (1997, in this
case) the Council decided had merit. Director Osguthorpe said the time to address it would be
now since it would pertain to the LUPP. Mr. Goodman asked if it would be possible to designate
a small area for a Greenway with a Map change that would still support the rezoning.
Municipal Engineer Tracy Warner noted that after staff review, she had requested a drainage
easement that includes Squaw Creek and a portion up to its banks. She felt that would be
adequate to address the issue of the wildlife habitat; that is in the form of an easement that is
shown on the Plat and does not need to be addressed through the LUPP.
Council Member Larson said this is one of those issues that should be put on a list for the five-
year review (of the LUPP).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Mahayni, seconded by Davis, to pass on first reading an Ordinance rezoning property
from Agricultural (A) to Highway-Oriented (HOC).
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON WATER AND POLLUTION CONTROL FACILITY SUPERVISORY
CONTROL AND DATA ACQUISITION (SCADA) SYSTEM, PHASE II: The public hearing
was opened by the Mayor and closed after no one came forward to speak.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-256 approving final
plans and specifications and awarding a contract to Automatic System Company of Ames, Iowa,
in the amount of $412,250.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON EAST 13TH STREET PROJECT (1-35 RAMPS TO 570TH STREET): The
Mayor opened the hearing. No one asked to speak, and the hearing was closed.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-257 approving
final plans and specifications and awarding a contract to Manatt’s, Inc., of Ames, Iowa, in the
amount of $111,895.55.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON FINAL AMENDMENTS TO FISCAL YEAR 2010/11 BUDGET: Finance
Director Duane Pitcher brought the significant changes to the attention of the Mayor and
Council.
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Mayor Campbell opened the public hearing. There was no one who wished to speak, and the
Mayor closed the hearing.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 11-258 amending the
current budget for Fiscal Year ending June 30, 2011.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
2011/12 PROPOSED FLOOD BUY-OUT: Housing Coordinator Vanessa Baker-Latimer explained
that last fall, staff had provided information about applying for buy-out funds through the Iowa
Homeland Security & Emergency Management Division under its Hazard Mitigation Grant
Program in response to the July and August 2010 wind and flooding events. After those events,
Ames/Story County became eligible for disaster assistance funding. Ms. Baker-Latimer briefed
the Council on actions that had been taken by staff since that time. On March 22, 2011, the City
Council had directed staff to move forward in preparing an application to the State for flood buy-
out funds to residentially zoned properties along South 5th, South 4th, and on South Russell.
Staff had provided information to the State on properties that might be considered for buy-out
in order for a Benefit Cost Analysis (BCA) to be performed. Staff was notified from the State last
week that none of the residentially zoned properties reflected in the City’s preliminary
application scored high enough in the Benefit Cost Analysis to qualify for further review by the
State or submitted to FEMA. One of the things that the State recommended was that the City
provide as much information as possible about previous damages because the more information
they have means a better likelihood that they could get the ratios up higher. Ms. Baker-Latimer
explained that the amount of the damage must be at or above the assessed value in order to make
the determination that it meets the Benefit Cost Analysis. The State has recommended that the
City make a formal decision to withdraw from the Program; however, they would retain the
information that had been submitted in case there are future events. Ms. Baker-Latimer advised
that the City needs to look at how it collects data and what information the City already has; that
information needs to be retained and added to if another event impacts the same property. The
State also recommended that the City review its flood plain policy and determine if the policy
should include a Repetitive Loss Clause.
Jim Sorenson, 2000 Indian Grass Court, Ames, stated that he and his wife, Lisa, own 62 rental
units. Forty-eight of those units are on South 5th Street. They were interested in participating in
the Buy-Out Program. However, since learning that none of the properties would be eligible for
the State’s Buy-Out Program, he has had discussions with Assistant City Manager Bob Kindred,
who indicated that the City may be pursuing amending its Flood Plain Ordinance to include a
repetitive loss provision. Mr. Sorenson conveyed that he and his wife are concerned about the
City taking that action. City Manager Schainker noted that the City’s Building Code prohibits
rebuilding when 50% or more of the building was damaged; he is unsure if it is also a FEMA
regulation. Mr. Sorenson indicated that his understanding is that such an ordinance would
disallow the issuance of Building Permits for rebuilding properties that incurred repetitive
damages equating to more than 50% of the property’s value. He is confident that that would
never occur in a one-time flood event, but could if it were cumulative. Mr. Sorenson indicated
that he and his wife are opposed to such an ordinance since if they were not allowed to rebuild
the lower units, they would lose a substantial portion of their investment. He also noted that each
time they have had to renovate the properties, they make them better than they were before, and
they have never had a vacancy in the units.
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Moved by Mahayni, seconded by Goodman, to direct staff to withdraw from the Hazard
Mitigation Grant Program.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
NATIONAL REGISTER NOMINATION FOR THETA DELTA CHI FRATERNITY:
Director Osguthorpe advised that an application was submitted to the State by Will Page on
behalf of the owner of the Delta Chi Fraternity. The submittal to the State requires that the City,
as a Certified Local Government, review the nomination and determine its eligibility under the
criteria. According to Mr. Osguthorpe, the property meets two criteria: A. pertains to events
associated with the property in the broad pattern of history and C. pertains to the architectural
style. Staff believes that the information provides sufficient evidence that the building meets
Criteria A and C, that the building did play a major role in the emergency of Ash Avenue as the
preference for Greek residences, and that the architecture of the building set a new standard for
that type of building.
Moved by Davis, seconded by Mahayni, to find that the nomination of the Theta Delta Chi
Fraternity House meets the National Register Significance Criteria A and C and recommends
National Register eligibility to the State Nominations Review Committee.
Vote on Motion: 5-0. Motion declared carried unanimously.
TEMPORARY CONSTRUCTION SITES: Planner Osguthorpe noted that the City Council had
referred to staff a letter from Manatt’s concerning use of the former Cyclone Truck Stop at 1811
South Dayton Place. This was prompted by Manatt’s receiving notice of violations of the Flood
Plain and Zoning Ordinances due to its use of the site as a concrete batch plant. The plant was
set up for the U. S. Highway 30 reconstruction project in Story and Boone Counties. The letter
asked the City to offer alternative solutions to allow the use to remain on a temporary basis to
complete the U. S. 30 project. According to Mr. Osguthorpe, whatever location was chosen
needed to have the least impact on the City’s street system while having the best proximity to the
Highway 30 project, and the former Truck Stop was determined to be the ideal location. The
property, however, does not comply with the allowed uses in the HOC Zone; it would be an
industrial use. The second issue was that it was occurring in the Floodway Fringe; however, that
has been addressed.
Mr. Osguthorpe outlined four possible solutions to allow the concrete batch plant as a temporary
use:
1. Special Use Permit, which authorizes specific uses in districts that don’t normally allow
them. The next step would be to draft a text amendment to change the Code to allow concrete
and asphalt batch plants in any zone, subject to the approval of the Zoning Board of
Adjustment.
2. Make an administrative determination by the Planning and Housing Director based on criteria
to be developed.
3. Retain the status quo and allow the zoning to dictate.
4. Make an ordinance change that would allow such a use.
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City Manager Schainker stated that this does not happen often, but could have a significant
impact on surrounding properties. Staff is recommending the Special Use Permit process, which
would allow for public input.
Mr. Osguthorpe advised that a Notice of Violation had gone to Manatt’s on two counts: (1) use
issue and (2) floodway issue. Manatt’s appealed the use issue; that is going before the Zoning
Board of Adjustment (ZBA) in the near future. If the Council were to recommend the Special
Use Permit process, a zoning text amendment would be initiated. The ZBA then could stay the
enforcement action pending the outcome of the text amendment. If the text amendment ordinance
were adopted, Manatt’s would then have to apply for a Special Use Permit. During that time,
Manatt’s could continue to operate the plant.
Moved by Goodman, seconded by Davis, to direct the City Attorney to prepare a text amendment
to allow concrete and asphalt batch plants in any zone, subject to approval of a Special Use
Permit (SUP) by the Zoning Board of Adjustment.
Council Member Goodman said his concern is that the Cyclone Truck Stop has been in a
distressed state for years, and because of that, it appears to be a perfect location for this type of
use. That use is illegal for that location, but is occurring there. Mr. Goodman indicated that he
did not like the precedent that was being set, i.e., not following the Code and so the City changes
the Code to accommodate that need. He said he agrees that the procedure should be created for
future incidents, but does not think the SUP process should be extended to this project. It was
pointed out by Mr. Goodman that business owners should ask questions and make sure they
understand the codes before money and time are invested in projects.
Council Member Larson asked if similar situations had occurred in the past. He said since there
are no procedures currently in place for a business to know what was required for temporary
construction sites, he feels that the City should work with them. If there were procedures in
place, and the business knowingly violated or ignored it, that would be different. Municipal
Engineer Warner clarified that Manatt’s had formerly set up a batch plant (in the 1990s) at the
end of Mortensen Road, which is in a residential area, and that was done to facilitate the
completion of one of the City’s projects. Jason Spooner, Manatt’s, said that, on the South
Dakota/Mortensen Road, he had spoken with Jerry Byg, who was at that time the City Municipal
Engineer, and Mr. Byg had assisted Manatt’s in finding that site for its batch plant. He noted that
they followed the same channels for the existing batch plant.
Council Member Goodman said he believes that businesses should be responsible for finding out
the rules and then following them.
Vote on Motion: 5-0. Motion declared carried unanimously.
FEMA HAZARD MITIGATION GRANT PROGRAM (HMGP): Municipal Engineer Tracy
Warner advised that the City had, after presentation of the Flood Study, submitted ten projects
for consideration under FEMA’s Hazard Mitigation Grant Program. Iowa Homeland Security
and Emergency Management Division has now completed their preliminary eligibility review
of the Notices of Interest and the proposed projects have been determine to meet the
requirements. The City has now been invited to complete and submit an HMGP Project
Application for each proposed project. Ms. Warner emphasized that successfully completing and
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submitting an application does not guarantee that the proposed projects will be eligible or funded;
it is only the next step in the HMGP funding process.
According to Ms. Warner, if approved for funding, the cost share basis would be an amount not
to exceed 75% from federal funds, an amount not to exceed 10% from state funds, and the
remaining 15% coming from local funds. She noted that the local match funding had been
included in the City’s 2011/12 Low-Point Drainage Improvements Program. Ms. Warner also
conveyed that she would serve as the City’s Authorized Representative, if directed by the City
Council, to administer the Program.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-259 approving the
local match for Lincoln Way Fraternities (Phi Kappa Alpha and Phi Kappa Theta).
Roll Call Vote: 5-0. 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. 11-260 approving the
local match for Waterbury Court.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Mahayni, seconded by Goodman, to approve the designation of the Municipal
Engineer as the applicant’s authorized representative for both projects.
Vote on Motion: 5-0. Motion declared carried unanimously.
STAFF REPORT ON FATS, OILS, AND GREASE: John Dunn, Director of Water and Pollution
Control, stated that the Water and Pollution Control Department is just beginning to evaluate
options to resolve Fats, Oils, and Grease (FOG) problems; however, they have been a problem
in Ames’ sewers for many years. The waste solidifies inside the pipes and collect in manholes,
which restrict or even block flows through pipes and eventually lead to sewer back-ups in
buildings or sanitary sewer overflows.
Kris Evans, City Environmental Engineer, gave a presentation on FOG, specifically, its sources,
problems it causes, who contributes to it, how it can be prevented, and why it needs to be
managed. Ms. Evans advised that City staff will continue discussions with food establishment
owners, waste haulers, and others concerning FOG.
Mr. Dunn noted that the City Sanitarian had assisted the Water and Pollution Control Department
in the past with locating the food establishments that were contributing significantly to the FOG
problems. In light of the State assuming restaurant inspections in Ames, that source of data
might be lost, which will significantly impact the City’s ability to respond to FOG issues.
Council Member Goodman said that maintenance of grease traps is perhaps the most important
component.
ORDINANCE REGARDING TOWING OF VEHICLES FROM PRIVATE PROPERTY:
Chief Cychosz presented background information on the proposed Ordinance. It had been
determined that if the City were to get more involved in private property tows, the two steps that
would have the most cost-effective impact are: (1) the requirement for the property owner or
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agent to co-sign the tow and (2) the requirement to notify the Police Department when a private
property tow has been done.
Council Member Goodman asked if notification would be given to all owners of private parking
lots concerning the new ordinance. Chief Cychosz stated that the Police Department will begin
by educating the towing companies.
Moved by Goodman, seconded by Orazem, to pass on first reading an ordinance regarding
towing of vehicles from private property.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE TO PERMIT WINE TASTING AT FARMERS’ MARKETS: Moved by
Goodman, seconded by Mahayni, to pass on second reading an ordinance to permit wine tasting
at Farmers’ Markets.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE REVISING CHAPTER 12 PERTAINING TO THE CITY HOSPITAL: Moved
by Goodman, seconded by Davis, to pass on second reading an ordinance making revisions to
Chapter 12, The City Hospital.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE TO PERMIT VETERINARY OFFICES IN THE COMMERCIAL CENTER
OF VILLAGE RESIDENTIAL ZONING DISTRICTS: Moved by Goodman, seconded by Davis,
to pass on third reading and adopt ORDINANCE NO. 4066 to permit veterinary offices - small
animal exclusive and including indoor kenneling in the Commercial Center of Village
Residential zoning districts.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REVISING THE RENTAL HOUSING CODE: Moved by Goodman, seconded
by Larson, to adopt ORDINANCE NO. 4067 making revisions to the Rental Housing Code.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
COUNCIL COMMENTS: Moved by Orazem, seconded by Goodman, to refer to staff the letter
dated May 20, 2011, from Scott Renaud, Fox Engineering, requesting a trail easement in
Greenbrier Park on South 16th Street.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Orazem, to add Greenway and Natural Areas analysis to the
LUPP “bucket” for the five-year review.
The Mayor asked if the bucket should be kept “fluid.” Council Member Davis asked if motions
needed to be made each time a Council member thinks of an issue. By doing that, it makes it a
definite, rather than having the Council members collect their thoughts first and then decide
which items were most crucial. The Mayor suggested that Council members e-mail the City
Manager. Council Member Goodman said he thinks the best way to ensure that any issues are
part of the review process is to let the City Manager know at that time.
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Vote on Motion: 5-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 9:19 p.m.
_________________________________ _______________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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