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HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 09/27/2011MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 27, 2011 The regular meeting of the Ames City Council was called to order by Mayor Campbell at 7:00 p.m. on September 27, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from the Ames City Council were Goodman, Larson, Mahayni, Orazem, Wacha. Ex officio Member Finseth was also present. Council Member Davis was absent. Mayor Campbell announced that the Council would be working off an Amended Agenda. A Closed Session to discuss strategy with counsel for a matter in litigation was the additional item. PRESENTATION: Mayor Campbell welcomed the Delegation from Frydek-Mistek in the Czech Republic. She stated that Frydek-Mistek had been one of Ames’ sister cities for 15 years. John Klaus said he and his wife were host family for a member of the Delegation. He listed many of the activities that the host families and Delegation had been participating in and the places they had toured during the past week. Mr. Klaus introduced Peter Slesky, one of the persons in the Delegation, who is a businessman in Frydek-Mistek. Mr. Slesky then introduced the other members of the Delegation. The Deputy Mayor of Frydek-Mistek then spoke, thanking the City for inviting them to Ames and the families who had hosted them during the past week. CONSENT AGENDA: Moved by Mahayni, seconded by Wacha, to approve the following items on the Consent Agenda: 1. Motion approving payment of claims 2. Motion approving Minutes of Regular Meeting of September 13, 2011 3. Motion approving Report of Contract Change Orders for September 1 - 15, 2011 4. Motion approving renewal of the following beer permits, wine permits, and liquor licenses: a. Class C Liquor & Outdoor Service – Hickory’s Hall, 300 South 17th Street b. Class C Beer & B Wine – Hy-Vee Gas #5018, 636 Lincoln Way c. Class C Beer & B Wine – K Mart #3971, 1405 Buckeye Avenue d. Class C Beer – Doc’s Stop No. 5, 2720 East 13th Street e. Special Class C Liquor, B Wine, & Outdoor Service – Southgate Expresse, 110 Airport Road f. Class E Liquor, C Beer, & B Wine – Hy-Vee Food Store #1, 3800 West Lincoln Way g. Class E Liquor, C Beer, & B Wine – Hy-Vee Food & Drugstore #2, 640 Lincoln Way 5. RESOLUTION NO. 11-443 approving the Official Statement for General Obligation Corporate Purpose Bonds, Series 2011B, and setting date of sale for October 25, 2011 6. RESOLUTION NO. 11-444 approving Iowa DOT Funding Agreement for 2011/12 Collector Street Pavement Improvements (Ash Avenue) 7. RESOLUTION NO. 11-445 approving Underage Tobacco Enforcement Agreement between Ames Police Department and Iowa Alcoholic Beverages Division 8. RESOLUTION NO. 11-446 approving acceptance of 2011 Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program 9. RESOLUTION NO. 11-447 approving preliminary plans and specifications for Breaker and Relay Maintenance Contract for Power Plant; setting November 9, 2011, as bid due date and November 22, 2011, as date of public hearing 10. RESOLUTION NO. 11-448 approving preliminary plans and specifications for Steam Turbine No. 8 Parts Procurement; setting November 9, 2011, as bid due date and November 22, 2011, as date of public hearing 11. RESOLUTION NO. 11-449 approving Change Order for 2010/11 Arterial Street Pavement Improvements (Duff Avenue) 12. RESOLUTION NO. 11-450 approving Plat of Survey for 4121 Aplin Road 13. RESOLUTION NO. 11-451 approving Plat of Survey for 2210 Lincoln Way and 129 Ash Avenue 14. RESOLUTION NO. 11-452 approving Minor Final Plat for Matthew’s Summit Subdivision Roll Call Vote: 5-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Richard Deyo, 505-8th Street, #2, Ames, gave his idea for a new City tagline. No one else requested to speak, and the Mayor closed Public Forum. 5-DAY LICENSES FOR OLDE MAIN BREWING CO.: Moved by Mahayni, seconded by Goodman, to approve new 5-Day licenses for Olde Main Brewing Co., as follows: a. Class C Liquor (October 1 - 4) at CPMI Event Center, 2421 North Loop Drive b. Special Class C Liquor (October 1 - 4) at ISU Alumni Center, 420 Beach Avenue Vote on Motion: 5-0. Motion declared carried unanimously. CLASS C LIQUOR LICENSE FOR SIPS/PADDY’S IRISH PUB: Moved by Goodman, seconded by Mahayni, to approve renewal of the Class C Liquor License for Sips/Paddy’s Irish Pub, 124 Welch Avenue. Council Member Orazem asked to have a report from the Police Department. Due to the information contained on the Police Department License Renewal Criteria Form, he suggested that the Council approve a six-month renewal, instead of renewing the license for a year, and asked for a representative of the Police Department to respond to that suggestion. Of particular concern to Mr. Orazem was an incident that was highlighted on the Police Department’s License Renewal Criteria Form. He specified that a female had been located in a back storeroom unconscious. She had vomited all over herself and her pants were found down to her knees. It is unclear how she got in the storeroom. Police Commander Geoff Huff corrected the number of fake IDs turned in during the past year as listed on the Renewal Criteria Form; it should be 211, not 33. Commander Huff stated that the Police Department is most concerned about the number of intoxicated persons being found inside the premises; that indicates to the Police Department that patrons are being over-served frequently. Regarding the suggestion of a six-month license, Mr. Huff said that it would certainly be appropriate. Commander Huff stated that the young woman referred to by Council Member Orazem had been found by police officers who were walking the bars. Another patron who had found the young woman in the storeroom had informed the police officers. According to Mr. Huff, the bar personnel did not know she was in there. Mr. Orazem said that he did not understand how anyone can run a business and not be responsible for its customers. He believes that the Ames community needs to protect the young persons who come to Ames to get an education. Council Member Mahayni noted that the bar has a history; similar issues had been raised in the past. He pointed out that the Criteria Form states that 90% of the bar employees had attended the training offered by the Police Department, yet 211 fake IDs had been noted by the Police Department. 2 Commander Huff pointed out that there had been eight arrests for Public Intoxication inside the bar. That number should be very close to zero. Whomever is working the door needs to not only verify the age of the persons entering, but also determine if they are already intoxicated and should not be entering the establishment. Motion withdrawn. Derek Alba, Manager of Sips, and Kyle Ishmael, Manager of Paddy’s Irish Pub, were present. Mr. Alba explained that he was the manager on duty at the time of the incident described above, and neither he nor Mr. Ishmael were aware of it; it was just brought to their attention today. According to Mr. Alba, none of the employees who were working that night had any recollection of the incident. He alleged that the police officers did not speak with him or other bar personnel. Council Member Mahayni stated that that was even more alarming to him. He did not understand how no bar personnel were aware of such an incident, yet police officers had removed the young woman from their bar. Mr. Ishmael explained that bar management had a meeting today with their staff and discussed the number of intoxicated persons being found on the premises and ways to prevent that from happening as well as stopping other violations. They have increased the number of staff who are watching for persons who should not be served any more alcohol. Council Member Goodman asked if the bar managers felt they have control of the establishment’s space. Mr. Alba explained that, on busy nights, bar personnel walk into the storeroom, where the incident occurred, approximately every ten minutes. Moved by Orazem, seconded by Mahayni, to approve a six-month Class C Liquor License for Sips/Paddy’s Irish Pub and then re-evaluate to determine if there has been any improvement in the statistics. Moved by Goodman, seconded by Mahayni, to amend the motion to have a report back to the Council in a month on a Space Management Plan for the bar to ensure that all the space is being controlled. Vote on Amendment: 5-0. Motion declared carried unanimously. Vote on Motion, as Amended: 5-0. Motion declared carried unanimously. Council Member Larson suggested that direction be given to the police officers that they need to proactively talk to bar management at the time of incidents. Council Member Mahayni said that he believes the police officers have been proactive. He finds it hard to believe that no bar personnel were aware of the incident if it is true that every ten minutes an employee walks into the storeroom for supplies. City Attorney Marek clarified that if the motion on the floor passes, it would effectively deny the 12-month license, and indicate that the Council will approve a six-month license. However, it will be the responsibility of the bar owner to make application for a six-month license. If the motion passes, the six-month license will be approved essentially in advance; they will not need to come back to Council. Mr. Marek advised that another option available to the bar owner would be to appeal the Council’s decision to the Iowa Alcoholic Beverages Division. Council Member Goodman agreed with Mr. Larson that it was important to ensure that the 3 Police Department is effectively communicating with owners/managers. Commander Huff explained the process currently followed by the Police Department. He explained that quarterly meetings with bar owners/management are held.. In addition, a monthly report is sent to all the establishments, listing all the violations. Commander Huff said that he found it hard to believe that the bar personnel on duty at the time of the disturbing incident did not know about the incident or that officers did not inform bar personnel. However, he was not the officer in charge of reviewing liquor licenses at that time, and could not be certain. ENCROACHMENT PERMIT AT AJ’S LIQUOR II: Moved by Goodman, seconded by Wacha, to approve an Encroachment Permit for a sign for AJ’s Liquor II at 2515 Chamberlain. Vote on Motion: 5-0. Motion declared carried unanimously. DRUG DROP-OFF SITE: Moved by Mahayni, seconded by Goodman, to approve the request from Story County Prevention Policy Board for use of the City Hall as a drug drop-off site on October 29, 2011. Vote on Motion: 5-0. Motion declared carried unanimously. UPDATE ON SUSTAINABILITY COMMITTEE: City Manager Steve Schainker informed the Council that there were two issues:(1) The Sustainability Task Force’s report had been previously provided to the Council. At a prior workshop, the Task Force’s recommendations were reviewed, and at this meeting, Council members need to decide how they want staff to proceed on those recommendations related to electric consumption reduction. (2) The Task Force’s recommendation on how to proceed in the area of sustainability. Mr. Schainker noted that this would be the first time the Council will be made aware of those. Mr. Schainker asked the City Council to decide if it wanted the Electric Services staff to work with any, or all, of the three advisory committees proposed by the Task Force to be created. He told the Council that a realistic implementation time frame then would be developed by staff in order to ensure that the priorities of the Task Force can be addressed. Mr. Schainker also advised that Council, if it agreed that there was more to do to accomplish its sustainability goal, needed to determine the next steps. City Manager Schainker reported that the Sustainability Task Force had recommended that the City Council consider sustainability in a broader context that its stated goal related only to the environment, i.e., including social and financial considerations. If the Council is in agreement with that recommendation, the next step, as suggested by the Task Force, would be for the newly reconstituted Task Force to analyze the three most prominent frameworks now in use by some communities throughout the country with the objective of recommending a framework that would be the most appropriate for Ames. Merry Rankin, Sustainability Coordinator, introduced the members of the Task Force present. Mayor Campbell suggested that the Council look first to the electric consumption reduction. Ms. Rankin stated that her presentation did not deal with the electric consumption reduction task; it looks beyond that, looking at opportunities to further sustainability. She clarified that the Task Force had proposed recommendations to keep the electrical efficiency moving; that would continue while they also would be moving in the broader direction of sustainability. A presentation was then given by Ms. Rankin on the next steps to move forward in the area of 4 sustainability. She gave highlights of the proposal. Ms. Rankin said that the proposal, moving beyond electrical efficiency, is to appoint a newly constituted Task Force. That Task Force would add sector representation by rental property owners/managers and Story County. The City of Ames would be a member of the Task Force as part of the County. The new Task Force would examine three frameworks. The potential frameworks were chosen based upon fact that they are the most widely used ones by communities that are engaged in goal-setting or have initiatives that are being implemented that look towards a sustainable future. Ms. Rankin described the three frameworks that were chosen to be considered by the Task Force. As part of the frameworks, the Task Force would then do three primary tasks: (1) Educate the community, as well as the City Council, on the components, the results, and the potential challenges that each of the frameworks has. (2) Recommend to the City Council a framework or a combination thereof that best fit the needs and the goals of the Ames community. (3) Recommend specific action steps to move ahead with the implementation of a particular framework. Ms. Rankin clarified that the Task Force was not proposing a Sustainability Plan, but rather a Sustainability Framework. In the future, a plan may be created, but it would be a product of the framework. The Framework would act as a point to which individual sustainability initiatives, such as the electrical efficiency initiative, can fit. According to Ms. Rankin, to truly be sustainable, it is important to consider the resources (environment), consider your customers (social), and consider your profitability (economic). In having the framework, all of those pieces fit together. Speaking of the relevancy, she pointed out to the Council members that their current goals actually include all three of those pieces. The following members of the Task Force gave testimonials on the relevancy of the recommended frameworks to their sectors: Jen Malone; Matt Santee, Student Representative; Cory Metzger, Mechanical Engineer with RDG Planning and Design; and Gerry Peters, Facilities Director for the Ames Community School District. Mayor Campbell noted that the Council still needed to take action on the recommendations of the Task Force that were specific to electric consumption reduction. She said that the Council members may not take action on the issues that are being presented for the first time tonight, but encouraged them to ask questions to fully understand the proposal. Council Member Wacha asked for clarification that if the first option (to broaden the concept of sustainability and redirect the Task Force to work on that) would include simultaneously continuing forward with the recommendations already brought forth regarding the electric consumption reduction. Ms. Rankin said that the Task Force is hoping that the recommendations that were presented previously would continue to be supported by the City to put together the three committees. Members of the Task Force and subcommittees would work with City staff in order to continue to move forward with those. It was clarified by Ms. Rankin that the second component would be creation of a new Task Force that may or may not include some of the current Task Force members. Council Member Wacha asked what level of support by City staff would be needed for the new Task Force. Ms. Rankin advised that it would require the same level of support from City staff that is being given for the current Task Force. Mayor Campbell noted that the level of support from City staff would be elevated because there would be two Task Forces with different goals. According to Ms. Rankin, during the past year when the focus was on reducing electric consumption, Electric Services staff members were very engaged. In evaluating the different frameworks, there could be questions that would come to different areas with City government, but it would not necessarily require commitment on a 5 month-to-month basis by any particular City staff, except for City Manager Schainker. Council Member Larson asked for Ms. Rankin to explain the Task Force’s recommendation that a broader definition of sustainability is needed that would include social, economic, and environment. He cited his preference that the Task Force remain focused on reducing energy consumption. Ms. Rankin stated that the Task Force’s recommendation would connect the three pieces into one framework that moves towards a sustainable future. Mr. Larson stated his opinion that it is the job of the City Council to address the social, economic, and environment needs of the community. If it is not doing its job, the member(s) will not be re-elected. He does not believe that another “hierarchy” needed to be created. He believes that the City already has a good ASSET process to handle the social side and a great relationship with the Economic Development Commission to handle the economic side. Council Member Orazem asked for an explanation of the difference between a plan and a framework. Erv Klaas, member of the Task Force, clarified that framework is a methodology for developing a plan. He said that, in order to meet the objectives of sustainability, it takes a systems approach. Council Member Orazem also wanted to know who would make the decision if a particular firm or business was threatening the sustainability of the community. Council Member Mahayni added that the new approach to sustainability requires an holistic approach; it is necessary to phase in the elements of sustainability. The purpose is to educate the public and bring forth a conscientiousness of the environment. Task Force Member Mary Jean Baker, 821 Tennyson Avenue, Ames, said the purpose of the recommended framework is to bring the community together. Jim Gaunt, 3423 Clinton Court, Ames, said that when the Council commissioned the current Task Force to work on reducing electric consumption, it mobilized a lot of citizen participation. He clarified that what the Task Force is proposing is that the Council commission a new Task Force to study the frameworks used by other cities to see if one would work for Ames and then to educate the community. Mr. Gaunt said he didn’t know exactly how it would work yet because they had not studied the various frameworks. Council Member Wacha reminded that this Council was very specific at its goal-setting session that it wanted to focus on environmental sustainability. He does not want to lose sight of the work that had already been done. Mr. Wacha’s preference is to ensure that the first task of reducing energy consumption gets completed. He also cited his concerns about the amount of staff time that may be necessary to support three new committees. Council Member Orazem said he believes that it is most important to educate businesses and residences on what they can do to reduce energy consumption. Mr. Orazem reported that he had gone to the “Natural Step” (one of the frameworks chosen to be studied) website. He found it very vague and from what had been presented at this meeting, he had a very vague sense of what actually was supposed to be done. One of his concerns was that a regulatory structure would be set up where new companies have to fit in requirements for sustainability with all the other required of them when businesses first come to Ames. Also, Council Member Orazem believes that there is a huge need to inform businesses and residences about what it is that they can do to reduce their energy consumption; that is a community goal because Ames is near or at capacity for its current generation capacity. Jen 6 Malone reported that, as a business owner, she is very conscious of the need for sustainability. She believes that establishing a framework would help businesses to work together, rather than add regulations or restrictions. Mr. Klaas added that for each element of the framework, criteria would be set up to measure the progress. Mayor Campbell recalled that the Council had heard the recommendations of the Task Force pertaining to reducing energy consumption in August; it could act on those at this meeting. The Mayor referenced the many tasks listed under those recommendations, noting that they will require a certain amount of “legwork.” Moved by Wacha, seconded by Goodman, to direct City staff to work with the various subcommittees to report back to Council on a plan to implement the electric consumption reduction recommendations that were brought forth to the City Council previously. City Manager Schainker clarified that what was envisioned was for the existing Task Force to dissolve, but there will be members of that Task Force who will participate in one of the three new committees. Council Member Wacha stated that was what he was intending by his motion. Vote on Motion: 5-0. Motion declared carried unanimously. Council Member Larson recommended that the City Council discuss its goal of promoting environmental sustainability at its next goal-setting session to see where it desires to go from this point. He suggested that the Council meet with various civic groups prior to the goal-setting session to get their input. Council Member Wacha said he was not comfortable approving the Task Force’s recommended concept for a framework without knowing more about it and knowing more about what the City would be getting into. He would like more time to “digest” the details. City Manager Schainker clarified that the Task Force is not asking the Council to commit to any particular framework at this meeting. Council Member Larson again suggested that the Council members revisit its goal of sustainability at their next goal-setting session and decide if it should be expanded or if they are satisfied and ready to move forward with the next step. Moved by Wacha, seconded by Goodman, to accept the broader report for sustainability and direct that discussion of the sustainability goal be included on the Council’s next goal-setting session. Council Member Goodman asked for a friendly amendment to be made to the motion, and Council Member Wacha accepted, to direct that the City Council receive information on how doing this (establishing a framework) had impacted another community, e.g. LaCrosse, Wisconsin. He would like to see a couple of case studies. City Manager Schainker pointed out that that is what the group is asking for; they are not asking for the City Council to commit to any one framework at this time. They want to educate themselves, the Council, and the community. There will be discussions with other cities and people who are knowledgeable about the frameworks. 7 Council Member Larson said the Council has a couple months prior to its goal-setting session to ask members of the committee for more information and solicit views from people involved with ASSET and the Ames Economic Development Commission so that can all be factored into what charge they want to give the Task Force in moving forward. In the interpretation of Council Member Mahayni, there is a misconception about what the Task Force is trying to do. They are not asking the Council to commit to any particular framework at this time, but only to study different ones to see if they will fit Ames. Council Member Goodman reported that he was sensing some intrepidation by the Council about making a certain level of commitment. He said that he wanted to ask the Task Force to make a smaller level of commitment to bring the Council more information before its goal-setting session so that it can see what impact similar methods had had on a couple of other communities. Council Member Wacha said that he was reluctant, as a City Council, to endorse what is being proposed without knowing more about it and knowing what it will entail. He would like to know some possible concrete outcomes before the commitment is made for the City to do something like that. Vote on Motion: 4-1. Voting aye: Goodman, Larson, Orazem, Wacha. Voting nay: Mahayni. Motion declared carried. Ms. Rankin expressed her concern over that request since the Task Force is recommending a slightly different approach than what is being followed in other communities. She asked for clarification as to what communities should be included. Mr. Goodman said he preferred that the information be from cities that “mimic Ames.” The meeting recessed at 9:12 p.m. and reconvened at 9:20 p.m. REPORT ON ALCOHOL-TASTING OPTIONS: Assistant City Manager Sheila Lundt reminded the Council that it had directed staff to prepare a report regarding the options available to allow beer, wine, and liquor-tasting events that are open to the public. Project Manager Brian Phillips advised that Iowa Code Section 123.46 and Ames Municipal Code Section 17.17 both provide that a person shall not use or consume alcoholic liquor, wine, or beer on public streets or highways. The Municipal Code states that a person “shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license.” This Section of the Municipal Code allows for tastings to be held by individuals in private homes or by organizations that hold events that are open only to their membership. According to the Iowa Alcoholic Beverages Division (ABD), “licensees may conduct tastings and samplings on licensed premises as long as the tasting or sampling involves only those alcoholic beverages that their license allows them to sell.” According to the state, an on-premise license is not required to do tastings. The ABD website also states that “tastings that involve wine and beer may be conducted on licensed and unlicensed premises...all laws and rules governing liquor, wine, and beer must be observed during tasting and sampling (legal drinking age, hours of sale, etc.).” The position of the ABD is that consuming one ounce or less of an alcoholic beverage does not constitute consumption; however, City staff is unable to find anywhere in the Iowa Code where consumption is defined as more than one ounce. Likewise, 8 there is no limit indicated in the Iowa Code on the number of samples that may be consumed at a particular sampling event. Mr. Phillips reported on the areas where City staff and the ABD agree are legal. Per Ames’ Municipal Code, the only tasting events that are currently permitted are in establishments covered by a Class A Liquor, Class B Beer On-Premises, Special Class C Liquor On-Premises, or Class C Liquor On-Premises license. Those establishments have licenses that specifically are for on-premises consumption; they have dram shop liability insurance to protect them against personal injury or property damage caused by a person who has been drinking at their establishment, and the establishments with those types of licenses were built for the purpose of consuming alcohol on the premises, e.g., they have a certain number of bathrooms, meet the requirements for seating, and their staffs have been trained to deal with consumption on the premises. According to Mr. Phillips, a concern of the City is that under the current law, there is no requirement for excluding individuals under the age of 21 from establishments that have off- premises licenses. In Ames, an individual under 21 may not be in a bar. Three options for the City Council to consider were presented by Mr. Phillips. One option is to maintain the status quo, and the other two provide for a reinterpretation of Ames’ ordinance. He noted staff’s concerns over Option 3, which would reinterpret the Municipal Code to conform with the ABD’s guidelines. According to Ms. Lundt, despite repeated efforts to ascertain where the State came up with the measurement of less than one ounce not being considered consumption, no response from the ABD had been received. City Attorney Marek advised the Council of the definition of a “public place.” He also noted the differences between Ames’ ordinance and the ABD guidelines. Commander Geoff Huff said that there is no restriction on the number of “samples” less than one ounce.” There have been reports to the Police Department that people have left tastings intoxicated. In Council Member Wacha’s opinion, the former Council placed the restriction on tastings for a reason. He specifically believes that alcohol and college students is a volatile mix; Ames has 30,000 college students. Council Member Wacha pointed out that there is a way for establishments to hold alcohol tastings; they have to apply for a temporary liquor license to have an alcohol-tasting event. To change Ames’ ordinance, in his opinion, would be a very irresponsible move on the part of the Council. Dan Goshorn, 2504 Somerset Drive, Ames, the store manager of Hy-Vee Drug Store on Main Street, and Ben Conway, store manager of the West Hy-Vee, were present. Mr. Goshorn advised that the Drug Store had held gourmet food- and wine-tasting events once a month until August, when they were notified that wine-tastings were not allowed . He told the Council that retailers get bombarded with new products daily, and store managers have a difficult time convincing customers to purchase something that they have never tried before. Mr. Goshorn, speaking on behalf of the two Hy-Vee grocery stores and the Hy-Vee Drug Store, 9 stated his opinion that putting more restrictions on an already more restrictive ordinance inhibits business owners from offering new products to its customers. He advised that not all establishments may apply for the temporary licenses because there are certain other requirements, e.g., having permanent seating for at least 25 people. That requirement would preclude Hy-Vee Drug Store from applying for a temporary license for alcohol-tasting. Tom Drenthe, 608 Douglas Avenue, #4, Ames, Director of the Main Street Cultural District (MSCD), spoke on behalf of Downtown businesses. Mr. Drenthe voiced the support of the MSCD for the City to allow alcohol-tastings at establishments that already have liquor licenses. He also spoke on behalf of Terry Stark, owner of Chocolaterie Stam, 230 Main Street, who could not be present at this meeting, but wanted to urge the Council to allow tastings. Ben Conway, 3840 Berkshire, Ames, identified himself as the Store Director for the West Hy- Vee. He asked the Council to approve Option 2 and reinterpret the Ames Municipal Code Section 17.17(1) to conform with state Alcoholic Beverage Division guidelines, with no additional restrictions beyond the ABD guidelines. Moved by Wacha, seconded by Mahayni, to maintain the status quo. City Manager Schainker said that staff is recommending that, before Council makes its final decision on whether to maintain, reinterpret, or revise the existing ordinances, it direct staff to host a meeting with alcohol license-holders in Ames and explain what is currently allowed and the possible changes to the ordinance. Council Member Wacha stated that he felt the staff report was very thorough. Council Member Wacha added that he is not worried about the Hy-Vees or the Hy-Vee Drug Store; however, he is concerned about the potential problems that it could cause Ames and the message it would send. Ms. Lundt pointed out that staff is mainly concerned about wine-tastings being held by other locations besides businesses. Commander Huff pointed out that all this was predicated by the state’s interpretation that one ounce or less does not constitute consumption. No reference to any law defining consumption in that manner has been found by staff. Council Member Wacha said that he did not agree that establishments would experience economic issues if customers were not allowed to taste the alcohol before they purchased it. Vote on Motion: 2-3. Voting aye: Mahayni, Wacha. Voting nay: Goodman, Larson, Orazem. Motion failed. Moved by Larson, seconded by Orazem, to refer this back to staff to meet with on- and off- premises alcohol license-holders in Ames and return with a proposal that would reinterpret Ames Municipal Code Section 17.17(1) to conform with state Alcoholic Beverage Division guidelines, with additional restrictions beyond the ABD guidelines. Commander Huff advised that staff had discussed concerns about allowing off-premise licensees to hold wine-tastings. One of those concerns would involve convenience stores. Under the state’s laws, there is nothing that would prohibit a person having multiple samples at a convenience store and then getting in his or her vehicle and driving off. 10 Vote on Motion: 4-1. Voting aye: Goodman, Larson, Mahayni, Orazem. Voting nay: Wacha. Motion declared carried. FOLLOW-UP ON PAYDAY LENDING: Project Manager Brian Phillips gave a follow-up report to the presentation given to the Council on July 26. At that meeting, Council had directed staff to present the alternatives available to reduce the proliferation of payday lenders in the community. Under the current zoning law, there are 794 commercial parcels and1,652 commercial units where payday lending could occur within the City. Mr. Phillips stated that, under Iowa law, the City may not categorically exclude payday lending or regulate items such as interest rates and schedules. However, the City may regulate the time, place, and manner in which payday lending occurs; that can be accomplished through land use and zoning policy. Mr. Phillips described the potential methods of restricting payday lenders through zoning. The options available for consideration by the Council were outlined. Staff suggested that the Council consider whether it is its intent to concentrate payday lending in a limited area or disperse it to reduce its concentration and what rationale existed for limitations, such as buffer zones and separation distances. Council Member Goodman said he didn’t know the best way to do it, but he wanted to put a limit on the number of payday lending establishments in Ames. Susie Petra, 2011 Duff Avenue, Ames, thanked the Council for bringing up this issue. She urged the Council to adopt the most restrictive ordinance as possible. According to Mr. Phillips, the restrictions adopted by the City of Clive essentially prohibit payday lending establishments in that city. Moved by Goodman, seconded by Wacha, to refer this issue back to staff to develop an ordinance, using any of the tools available, that ends the growth of payday lending institutions in Ames. Council Member Goodman clarified that he would like to see the most restrictive ordinance as possible. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT ON CITY’S PROPOSED POLICY TO HANDLE OUTSIDE REQUESTS FOR FUNDING: City Manager Schainker reminded the Council that in February 2011, it had directed staff to develop a process for funding requests that come before Council, but do not fall under the ASSET process or ISU activities. Council also had directed staff to look into a process for the Student Affairs Commission to review funding requests for student-related activities. Mr. Schainker briefly reviewed the process and application that staff had developed to fulfill those purposes. He said that staff feels comfortable that the proposed process has appropriate safeguards to ensure that City funds are used for a public purpose and ensures a standardized process for dealing with the periodic funding requests. Moved by Mahayni, seconded by Wacha, to approve the proposed grant process for funding 11 community and student-related activities and programs. Council Member Larson noted that it was important for the City to make any new process known to organizations. Vote on Motion: 5-0. Motion declared carried unanimously. CARBON FOOTPRINT UPDATE: Brian Phillips and Paul Hinderaker, Director of Fleet Services, presented the annual update of the City’s carbon footprint progress report (for calendar year 2010). Mr. Phillips gave a summary of the carbon footprint reduction and noted that the City is half-way to its goal to reduce the carbon footprint by 15% by 2014. He presented questions for the Council to consider: (1) Should the current goal be structured to measure carbon efficiency, not just total fuel use? (2) How should staff address new facilities that are added to the City? (3) Is the Aquatic Center in the appropriate sector? Council Member Wacha believes the value of the report is to determine how the City can improve in the future. Regarding Question 1, the Council concurred that the current goal should measure both carbon efficiency and total fuel use. MAYOR’S “START SOMEWHERE” WALK ON OCTOBER 7: Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 11-453 closing the east portion of the Depot lot from 10 AM to 2 PM. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 11-454 waiving parking meter fees in Lot N (east City Hall lot) from 11:30 AM to 1:30 PM. Vote on Motion: 5-0. Motion declared carried unanimously. PURCHASE OF COMPUTER HARDWARE FOR SHARED PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM: Moved by Mahayni, seconded by Wacha, to adopt RESOLUTION NO. 11-455 approving the purchase of $184,606 in additional equipment to support the redundancy and recoverability of the OSSI public safety information management system. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. MINIMUM ASSESSMENT AGREEMENT FOR SOUTH BELL AVENUE INDUSTRIAL PARK: Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 11-456 approving the Minimum Assessment Agreement for South Bell Avenue Industrial Park. Roll Call Vote: 5-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these minutes. LAND USE POLICY PLAN PLANNING BASE UPDATE: City Planner Charlie Kuester and Planning and Housing Director Steve Osguthorpe were present. Mr. Osguthorpe said that the report contained the facts that the Plan was based upon. He explained a new approach to comparing population growth. Regarding employment, staff believes it might be useful to measure the current level and make-up of employment in the community. Director Osguthorpe 12 asked the Council to decide whether the staff should attempt to make employment projections. According to Mr. Osguthorpe, if the City Council finds the presented amendments to the LUPP worthy of further consideration and gives direction regarding employment projections, staff will then process the LUPP amendments through the Planning and Zoning Commission. Council Member Larson pointed out that it is important for the City Council to review the LUPP every three years. City Manager Schainker said that that was a policy decision that needed to be made by the Council. Moved by Goodman, seconded by Larson, to approve the amendments to the LUPP, as proposed by staff, leaving off employment projections. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON 2010-11 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Mayor Campbell opened the public hearing. No one came forward to speak, and the hearing was closed. Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-457 accepting the CAPER. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE AMENDING AND UPDATING 2011 DESIGNATED SNOW ROUTES: As is the City’s policy on first reading of an ordinance, the Mayor asked for public input. No one came forward. Moved by Goodman, seconded by Wacha, to pass on first reading an ordinance amending and updating the 2011 Designated Snow Routes. Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE REZONING PROPERTY LOCATED AT 2910 WEST STREET: Moved by Mahayni, seconded by Goodman, to pass on second reading an ordinance property located at 2910 West Street from Neighborhood Commercial (NC) to Residential High Density (RH). Roll Call Vote: 5-0. Motion declared carried unanimously. ORDINANCE TO ALLOW CONCRETE BATCH PLANTS THROUGH SPECIAL USE PERMIT: Moved by Wacha, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 4085 to allow concrete batch plants through a Special Use Permit from the Zoning Board of Adjustment. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ORDINANCE ALLOWING PUBLIC INFRASTRUCTURE AS PERMITTED USE IN FLOODWAY OVERLAY DISTRICT: Moved by Goodman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 4086 allowing public infrastructure as permitted use in Floodway Overlay District. Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 13 ORDINANCE AMENDING REFERENCES TO PROFESSIONAL ENGINEERS IN CHAPTER 9 (FLOODPLAIN ORDINANCE): Moved by Wacha , seconded by Goodman, to pass on third reading and adopt ORDINANCE NO. 4087 amending references to professional engineers in Chapter 9 (Floodplain Regulations). 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 Wacha, seconded by Mahayni, to refer to staff the letter from Peter Hallock/Old Town Neighborhood pertaining to the destruction of neighborhood plantings by the City’s contractors. Vote on Motion: 5-0. Motion declared carried unanimously. Mayor Campbell noted that a Regular Meeting of the City Council had been scheduled for November 8, 2011, which is Election Day. She asked the Council members if they wanted that changed. Moved by Wacha, seconded by Goodman, to direct staff to find an alternate date for the November 8, 2011, Regular Meeting. Vote on Motion: 5-0. Motion declared carried unanimously Moved by Mahayni, seconded by Goodman, to refer to staff the request for Subdivision Code text changes concerning prohibitions on double-frontage lots and Zoning Code text changes concerning the definition of a “story.” Roll Call Vote: 5-0. Motion declared carried unanimously. CLOSED SESSION: Moved by Goodman, seconded by Mahayni, to hold a Closed Session, as provided by Section 21.5c, Code of Iowa, to discuss strategy with counsel for matters in litigation. Roll Call Vote: 5-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 11:25 p.m. Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-458 approving the Settlement Agreement in the amount of $160,000. Roll Call Vote: 5-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Goodman to adjourn the meeting at 11:26 p.m. ____________________________________ _________________________________ Diane R. Voss, City Clerk Ann H. Campbell, Mayor 14