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HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 09/20/2011MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 20, 2011 The Ames City Council met in special session at 7:00 p.m. on the 20th day of September, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ann Campbell presiding and the following Council Members present: Davis, Goodman, Mahayni, and Orazem. Ex officio member Finseth was also present. Council Members Larson and Wacha were absent. RESOLUTION SETTING DATE OF PUBLIC HEARING FOR OCTOBER 25, 2011 ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2011/12 AMENDED ACTION PLAN: Moved by Davis, and seconded by Orazem, to adopt RESOLUTION NO. 11-442 setting date of public hearing for October 25, 2011, on CDBG 2011/12 Amended Action Plan. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COUNCIL WORKSHOP ON LANDSCAPING REQUIREMENTS: Assistant City Manager Bob Kindred told the Council that the items being presented are staff initiatives that are commensurate with the Council goal of improving government processes, and that action is not being sought at this time. Mr. Kindred introduced Planning and Housing Director Steve Osguthorpe to discuss landscaping requirements. Mr. Osguthorpe addressed Section 29.403 of the Municipal Code related to landscaping. He described the landscaping required around different types of lots and buildings. Mr. Osguthorpe discussed issues that involve landscaping and showed the Council examples of commercial buildings and sites that have landscaping issues. He told the Council that the questions being considered are: Are current standards working in terms of what they require? and Are these standards accomplishing the intended purpose? Mr. Osguthorpe reviewed pictures of landscaping issues including harsh environments, vehicle creep, and right of way improvements directly abutting landscaping. Mr. Osguthorpe reviewed complaints received regarding landscaping requirements: • Landscaping takes up space needed for parking lots • “It’s going to die anyway, so why require it?” • Conflicts with utility locations and transformer visibility • Obscures visibility of buildings and/ or signs • Spacing requirement for trees and shrubs are too dense for plant health • Required plantings will not survive in this climate • Doesn’t account for snow storage Mr. Osguthorpe discussed the facts as relevant to the complaints, and told the Council that staff is exploring whether current standards are effective, if the standards need on-going enforcement, or if development should monitor itself. He said the options regarding landscape standards are to maintain the status quo, retain and enforce current standards, eliminate current standards, or amend the current standards. Mr. Osguthorpe told the Council that no matter which option is chosen, the climate here would support function or enhanced aesthetic; more full landscaping or flexibility in parking; minimal upkeep or maintenance intensive. He discussed the need to find the right balance, and possible next steps which could include a follow-up meeting with City Council, a Planning and Zoning Commission Workshop, or focus groups. Mr. Kindred said that staff is interested in Council’s opinion regarding current landscaping requirements and whether they are currently working. Council Member Orazem said it is hard to maintain landscaping surrounded by asphalt because of the heat generated. He also discussed trees and the need to plant trees that will survive in the conditions of the specific area. Ex officio member Finseth said the best example is the photograph of JCPenney with the tree that has since been removed. He said depending on the type of tree, some will not survive in that condition. Mr. Osguthorpe agreed that the type of tree is very important, and also said that providing supplemental irrigation is important. Council Member Mahayni said landscaping is not an add-on, but an integral part of the design. He said the issue shouldn’t be landscaping versus parking, but that both are needed and neither should be given up for the other. He thanked Mr. Osguthorpe for answering the questions raised in the presentation, and agrees that the current standards are not working. He said the first issue is the design; what to plant, where to plant it, and how much to plant. Member Mahayni said he believes the second issue is the conflict with utilities, and said both issues need to be resolved. He said more important than those issues is the maintenance of the landscaping. He said it is not enough to enforce landscaping only in the initial stages, but the most efficient ways to maintain landscaping over time must be considered. Member Mahayni said that the issues discussed should be used to revise the landscaping standards. There was discussion regarding the current standards, and whether or not they are maintainable. Council Member Goodman said irrigation and stormwater management have changed over time, and there may be other ways to create a non-urban heat island environment that is different than some of the lush landscaping seen in the past. He also said that parking has always been required, and that Council has discussed the idea that too much parking is required. He said he thinks there are ways to create the look the Council is going for that is also sustainable, and yet still demand aesthetic appeal from foliage in the community. Mr. Osguthorpe said there are situations where addressing the required parking may be a benefit. He addressed the Taco Bell site, which is very narrow, but meets the landscaping requirement and still has surplus parking according to the required parking standards. He said businesses typically try to attain the most parking possible. Council Member Orazem asked if the City has a requirement that greenery must be spread around a site, or if it is possible that a larger area be used so the landscaping is not spread around the entire parking lot. He said he believes that would work better, especially in lower areas where plantings would be more apt to survive. Mr. Osguthorpe said that is an area that the standards could be made more flexible. Council Member Davis said the use of the facility must also be considered. He said it would be helpful to be flexible depending on the type of business or facility. Mayor Campbell asked the Council what guidance it would like to give staff as far as maintaining the status quo, or coming up with new landscaping guidelines. 2 Council Member Goodman said he would like to see staff bring this issue back after looking at a way to make requirements sustainable and create flexibility between parking and landscaping, while moving toward the other goals of progressive stormwater management and avoiding irrigation. Council Member Davis said he would like to see the issue go to the Planning and Zoning Commission first and go through a public process there, and then receive recommendations from the Commission. Council Member Goodman said it would be helpful if a workgroup including a developer and a landscape architect could get together and create some plans using existing resources before the Planning and Zoning Commission considers the issue. Council Member Orazem said he would like to go back to what the objective of the regulation is, and consider if outcomes are consistent with the objective. There was discussion on tree and greenery requirements. Mayor Campbell asked Mr. Osguthorpe if the Council has given enough guidance. Mr. Osguthorpe said staff could chart out the process and bring it to Council once more to verify the process. Member Goodman added that a landscape maintenance person with experience managing successful areas such as this would also be beneficial to include in the discussions. Member Orazem said someone with stormwater experience would be able to contribute information on absorbing water in the green spaces. Mr. Kindred said that many developers, landscape architects, and engineers have worked with these standards for years, and will be able to give valuable input on the what makes the difference for successful landscaping. The meeting recessed at 7:58 p.m. and reconvened at 8:04 p.m. COUNCIL WORKSHOP ON FATS, OILS, AND GREASE PROGRAM: Mayor Campbell introduced Water and Pollution & Control Director John Dunn. Mr. Dunn thanked the Council for taking time to discuss the issue of a Fats, Oils, and Grease (FOG) Program, which is exceptionally important for the health and welfare of the community. Mr. Dunn introduced Dale Weber, Operations Supervisor for Public Works and said that Dale and his crew are responsible for the operation and maintenance of both the drinking water distribution system and the sanitary sewer collection system; Kris Evans, Environmental Engineer with the Water and Pollution Control Department; and Bruce Kinkade, Building Inspections Supervisor, and previously a Plumbing Inspector for the Inspections Division. Mr. Dunn said each of the three departments represented seek to protect public health and the environment, and specific to the discussion tonight, to minimize the frequency and severity of sanitary sewer overflows. He told the Council that this group of people is the right group to be tackling this issue from the City perspective, and the input of customers will also be sought. Mr. Dunn told the Council that a sanitary sewer overflow can range from a mere inconvenience to a severe environmental concern that has the potential to create a public health nuisance. He said that when it backs up into a home or business, it can lead to thousands of dollars in damage. Mr. Dunn said sewer overflows are also a subject of increased scrutiny of state and federal 3 regulators, and said some examples will be shared of communities that have been lax in the administration of their systems and have lost their ability to exercise local control as a result. Mr. Dunn said a new program is not being introduced, but that requirements for certain customers in Ames to control oil and grease has been in place for a number of years. Mr. Dunn told the Council that this is an opportune time to make some changes to the program, including removing some ambiguity, increasing the effectiveness of the elements currently in place, and making the program more robust. He told the Council that making changes could involve little to no cost, or substantial cost. Mr. Dunn emphasized that public input throughout this process is very important, and that the goal is to adjust the program in ways that everyone can support. To achieve that goal, Mr. Dunn said there are three key elements for a revised program: 1. The program must appropriately protect public health and the environment. 2. The program must still allow businesses an opportunity to be successful and thrive in Ames. 3. The new initiative must not have a detrimental effect on sewer rates. Mr. Dunn told the Council it will likely take a year to get through this process, and that feedback from Council is welcome throughout the presentation. Ms. Evans shared some recent news headlines regarding sanitary sewer overflows and the detrimental effects and fines that resulted. She also said that three restaurants in Ames have been shut down because of sewer backup, which was from grease blockage that was later traced to a fourth restaurant upstream. An Ames bank also had sewage back up into its basement which caused $60,000 in damages due to grease in the sewer. Ms. Evans reiterated the need for a Fats, Oils, and Grease (FOG) Program. Mr. Weber showed a video of a line that had been clogged with grease. As the camera progresses through the line, the grease line climbs higher. Mr. Weber said 2-2.5 days are spent quarterly at some problem areas near restaurants doing preventative maintenance to prevent blockages, which costs the City approximately $20,000 per year. He said about 12 backups per year occur because of grease, which are sometimes very severe. Mr. Weber showed the Council a grease sample and a sewer spoon, which is a long shovel that is used to chisel away the grease. He also showed the Council a routine cleaning maintenance nozzle used to clean the edge of the pipe, a more aggressive nozzle with chains on it, and bladed root cutters which are sometimes used to remove the grease. He told the Council that the 8" sanitary sewer is where most problems occur, and staff works to dislodge the grease and move it to a larger line, which doesn’t cause as much of a problem in the collection system, but still causes problems later at the Water Pollution Control Plant. Mr. Weber showed pictures from inside a manhole clogged with grease. Mr. Kindred said if the quarterly maintenance is not performed, then the sewer will back up into someone’s basement. Mr. Weber said that education for restaurant owners and staff is very important. Ms. Evans said there are 15 City employees researching FOG and gathering input from the food service establishments. She said the team started meeting internally in October, 2010 to learn about FOG, and research program criteria and key elements to FOG programs. Ms. Evans said a FOG program will be beneficial for all customers, and said that the best way to control FOG problems is through prevention. 4 Mr. Kinkade said Chapter 10 of the Uniform Plumbing Code (UPC) is what is used for FOG elimination from wastewater streams that come from food service establishments. He said there are specific requirements for devices to be installed. Mr. Kinkade said the City adopts model codes to standardize and simplify installation of plumbing systems so that architects, contractors, and builders can understand the requirements. Mr. Kinkade told the Council that prior to the Building Board of Appeals, a Plumbing and Mechanical Board comprised of plumbing and mechanical experts in the community was in place, and had oversight to recommend changes to the plumbing code to the City Council. He said prior to the adoption of the 2006 codes, 200 local amendments had been added to the plumbing code. The Plumbing and Mechanical Board then desired to review the local amendments and simplify the code. Three local plumbing experts and the Plumbing Inspector formed a committee, meeting weekly for months and eventually recommended to the Board to eliminate many of the amendments, among of which was an amendment giving the Plumbing Inspector the authority to require an external grease interceptor as the inspector deemed necessary. The committee felt there was language in the standard UPC that enabled the authority having jurisdiction to require an external grease interceptor as needed. Mr. Kinkade said the Plumbing and Mechanical Board agreed with the recommendations of the committee and recommended the 2006 UPC to City Council for adoption with the vastly reduced amendments. He said it was clear that everyone involved still thought the Plumbing Inspector had the authority to require the external grease interceptor whenever necessary. Mr. Kinkade told the Council that the UPC specifies what type of fixtures to intercept FOG from: grease waste lines leading from sinks, drains (such as floor drains), floor sinks, and other fixtures or equipment. He said the common interpretation in most jurisdictions is that all wastewater from a commercial kitchen or clean-up area must be routed through an interceptor. He said the UPC describes in detail most of the establishments that must comply, but then states, “or other establishment where grease is introduced into the drainage or sewage system in quantities that can affect line stoppage or hinder sewage treatment or private sewage disposal.” Mr. Kinkade said many places have commercial kitchens that are not specifically mentioned, such as convenience stores, group homes, churches, fraternities, and sororities among others. Mr. Kinkade reviewed the UPC language stating that “any combination of hydromechanical gravity grease interceptors and engineered systems shall be allowed in order to meet this code and other applicable requirements of the authority having jurisdiction when space or existing physical constraints of existing buildings necessitate such installations.” Mr. Kinkade said an appeal was submitted to the Building Board of Appeals in late 2010 requesting a waiver of requirement for an external interceptor. Building Board of Appeals granted approval for the installation of a small hydromechanical device inside of an existing building with a new food service establishment moving in. Seeking clarification, the Inspections division requested interpretation from the International Association of Plumbing and Mechanical Officials (IAPMO). The response from IAPMO was that the code itself expresses no preference as to how FOG is intercepted, and that any preference would need to be incorporated in a local or jurisdictional amendment or ordinance. Mr. Kinkade said that this history has changed how the FOG portion of the plumbing code is enforced. Council Member Goodman asked for clarification on the word hydromechanical. Mr. Kinkade said it is the new terminology for the older “grease trap” term. Mr. Kinkade said many hydromechanical units are installed in existing locations improperly, causing many problems. 5 Mr. Kindred said that inspectors do not “check” the maintenance of these units. There was discussion on the variables that would determine how often certain units would need to be maintained. Ms. Evans shared that Iowa City relies on its sewer use ordinance that has a maximum allowable fats, wax, oils, and grease concentration and requires interceptors to be installed when the director feels it is necessary, with the type and capacity of the unit approved by the director. She said the City of Muscatine has a FOG program that identifies businesses that are required to comply with the ordinance, outlines when a businesses must comply, has an allowable grease discharge concentration, and outlines when maintenance of the grease collection devices must occur. Muscatine also charges fees associated with monitoring and inspection, and uses grease discharge permits. Ms. Evans said that Des Moines Metropolitan Wastewater Reclamation Authority treats wastewater from the metro and suburbs including Ankeny, Waukee, and Norwalk. Their program identifies businesses that must comply and when they must comply, has a formula for sizing grease interceptors, provides grease discharge limits, outlines when maintenance must occur, charges fees, and has minimum sizing requirements. Ms. Evans told the Council that after reviewing these programs and others, key elements were identified. She said the team will complete its research and meet with food service establishments to get reactions to specific concepts and examples, and then develop a hypothetical program to share with the food service establishments. After receiving feedback, Ms. Evans said the group will then fine tune the program and present it to City Council. Mr. Dunn said that during the interim, the intent is to follow the practices in use since the clarification from IAPMO to enforce the minimum requirements of the UPC. Mr. Dunn said that installations in some cases may not be as effective as they should be and could cause problems for the utility or customers. He said staff will certainly recommend the higher standard, but minimum standards are what is currently being enforced. Mr. Dunn said the primary purpose of the presentation was to gain concurrence that there is a need to update the FOG program. Mayor Campbell asked the Council to comment regarding the pursuit of an updated program. Council Member Orazem asked if there are differential rates. Mr. Dunn said that element is not in place for this group of customers, but as a part of the large industrial pretreatment program where the largest contributors are monitored, there is a high strength surcharge program that has a higher rate. Member Orazem also said he does not believe that only new businesses should be required to comply. Mr. Dunn said enforcing a “one size fits all” code is not a good solution, but the challenge lies in writing a code that delineates what distinguishes one case from another and more specifically, removes some ambiguity. Mr. Kindred asked if Des Moines has a minimum “one size fits all” standard. Ms. Evans said Des Moines has a minimum requirement of a 1,000 gallon external interceptor. She said there is a variance procedure. Council Member Goodman said he believes the program should be updated. He also said that for a new business a requirement to make this additional investment would be another barrier 6 to entry. He said he likes the idea of a formula that would separate businesses from needing a mechanical/ grease trap-style fixture, or a larger fixture; not a “one size fits all”. Member Goodman discussed cleaning the interceptors, and said he prefers the inside fixtures since it allows the owner and employees information as to what is going on inside the restaurant. Council Member Orazem said an efficient way to know if equipment is being maintained would be to require a certain level of maintenance that could be examined. He said a way to reinforce maintenance would be to offer a credit if the business is properly maintaining the interceptor, or charge a fee if the business is not. Mayor Campbell thanked the group for the update on FOG. COMMENTS: Council Member Davis reminded the Council that FACES of Ames is Saturday at Bandshell Park. ADJOURNMENT: The meeting adjourned at 9:05 p.m. ___________________________________ ____________________________________ Diane R. Voss, City Clerk Ann H. Campbell, Mayor ___________________________________ Erin Thompson, Recording Secretary 7