HomeMy WebLinkAbout~Master - Special Meeting of the Ames Conference Board 12/13/2011MINUTES OF THE SPECIAL MEETING OF THE
AMES CONFERENCE BOARD,
SPECIAL JOINT MEETING OF THE AMES CITY COUNCIL AND ELECTRIC
UTILITY OPERATIONS REVIEW AND ADVISORY BOARD (EUORAB), AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 13, 2011
SPECIAL MEETING OF THE AMES CONFERENCE BOARD
The Special Meeting of the Ames Conference Board was called to order by Chairperson Ann
Campbell at 6:00 p.m. on December 13, 2011. Present from the Ames City Council were Davis,
Goodman, Larson, Mahayni, Orazem, and Wacha. Representing the Ames School Board were
Espeset and Talbot. The Story County Board of Supervisors was represented by Clinton and Toot.
Gilbert School District and United School District were not represented.
Chairperson Campbell referenced a memo from City Attorney Doug Marek that had been placed
around the dais, which clarified what constituted a quorum of the Conference Board.
FY 2011/12 BUDGET AMENDMENTS: Chairperson Campbell opened the public hearing. No
one asked to speak, and the hearing was closed.
Moved by Mahayni, seconded by Clinton, to approve amendments to the FY 2011/12 budget for
the Ames City Assessor’s Office, as follows: Increase the Data Processing line item by $2,500
and the Assessment Appeals line item by $30,000.
Roll Call Vote: 3-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Clinton, seconded by Davis, to adjourn the Ames Conference Board
meeting at 6:04 PM.
Vote on Motion: 3-0. Motion declared carried unanimously.
SPECIAL JOINT MEETING OF THE AMES CITY COUNCIL AND EUORAB
The Special Joint Meeting of the Ames City Council and EUORAB was called to order by Mayor
Campbell. Present from the Ames City Council were Davis, Goodman, Larson, Mahayni, Orazem,
and Wacha. Representing the EUORAB were Morris, Brown, Russell, and Erickson.
COSTS OF SERVICE AND ELECTRIC RATE STUDY: Electric Services Director Donald Kom
explained that consultants SAIC Energy, Environmental and Infrastructure, LLC, had conducted
a Cost of Services and Rate Study for the City of Ames Electric Utility. Mr. Kom introduced the
EUORAB members present: Max Morris, Chairperson; Cathy Brown, John Russell, and Gary
Erickson.
Dave Berg, representing SAIC, presented the Electric Rate Study. He reported that it had been
approximately 25 years since Ames had thoroughly reviewed its rates. Mr. Berg explained that
before moving into the rate design, the consultants analyzed revenue requirements and operating
results. He detailed the components of the Study that ultimately led to the recommended rates.
A comparison of revenues to the cost-of-service had been made and was explained. According
to Mr. Berg, as a result of rolling more of the energy costs into the base rate, the Energy Cost
Adjustment (ECA) has been lowered in the proposed rate structure, resulting in no net change
in revenue.
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Mr. Berg explained that there is no electric rate increase planned for FY 2012/13; the
implementation of the new rate structure will be revenue-neutral. Some customers will see
electric bills go up or down based on the new structure. Implementing a new rate structure
without a rate increase will help to mitigate billing changes related to the new structure.
Electric Services Director Kom advised that City staff will provide the Council with a proposed
electric rate structure in early 2012 and ask for direction at that time. City staff will then
communicate the proposed rate structure to customers. It is expected that a new rate structure
will be implemented no earlier than November 1, 2012.
Moved by Davis, seconded by Mahayni, to receive and file the Study.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: The Special Joint Meeting of the EUORAB adjourned at 7:03 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council was called to order by Mayor Campbell at 9:10 p.m.
on December 13, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from
the Ames City Council were Davis, Goodman, Larson, Mahayni, Orazem, and Wacha. Ex officio
Member Finseth was also present.
CONSENT AGENDA: Mayor Campbell informed the Council that the amount of the contract for
the Large Tractor/Backhoe should be in the amount of $167,200, not $167,500 (Consent Item
12b).
Moved by Mahayni, seconded by Davis, to approve the following items on the Consent Agenda:
1.M otion app roving p a yment o f claims
2.M otion app rov ing M inu tes o f S pecial C ity C ou ncil M eeting o f N ov em ber 1 7, 20 11 , and R egular
City Council M e e ting of November 22 , 20 11
3.M otion a pproving Contract Cha nge Order s for November 16 -30, 20 11
4.M otion app rov ing renew al of the follow ing beer perm its, w ine p erm its, and liqu or licenses:
a.C lass C Liqu or & O utdo or Service – Th e C afé, 26 16 N orthridge Parkw ay
b.C lass C Liqu or – Tip To p Lou nge, 20 1 E ast Linco ln W ay
c.C lass C B eer – Sw ift Stop #6, 12 5 6 Streetth
d.C lass C B eer – Sw ift Stop #7, 27 00 Linco ln W ay
e.C lass C Liqu or & O utdo or Service – Th um bs B ar, 28 16 W est Street
f.C lass C Liqu or & O utdo or Service – A un t M aud e’s, 54 3-54 7 M ain S treet
g.C lass C B eer – C asey’s G eneral Store #2 29 8, 42 8 Linco ln W ay
h.C lass C Liqu or & O utdo or Service – M angostino ’s B ar & G rill, 60 4 E ast Linco ln W ay
5 .R E S O LU T IO N N O . 1 1 -53 4 ap p rov ing reap p o intm en t o f To b it B o w les, T im G leaso n , an d J eri
Pres c ott, to S tudent Affa irs Commis sion
6 .R E S O LU T IO N N O . 1 1 -53 5 ap p rov ing a p p o intm en t o f M att D o n o v an to fill vac an cy o n H istoric
Pres e rvation Comm iss ion
7.RE S OLUT ION NO. 1 1-536 approv ing d e signation o f City repre sentatives to Centra l Iowa
Regional T ranspo rtation Planning Alliance (CIRT P A)
8 .R E S O LU T IO N N O . 1 1 -53 7 au tho rizin g staff to req u est Io w a E co n o m ic D ev elo p m en t A u tho rity
Energy Div isio n re le a se th e City o f Am es fro m co mp letin g th e Ic e Are n a , City Hall Gym, a nd
Fire Station 3 proje c ts as part of the Iowa Energy Effic ie nc y and Cons e rvation Bl oc k Grant
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9.RESOLUTION NO. 11 -538 notifying Story County Boa rd of Sup e rvis ors of the City’s intention
to join w ith Iow a State U niversity in conso lidating into the Story C ou nty H azard M itigation Plan
1 0 .R E S O LU T IO N N O . 1 1 -53 9 ap p rov ing p relim ina ry p lan s an d sp ecification s fo r U n it N o . 8 A ir
H eater B a s k e t Installation ; setting J anu ary 11 , 20 12 , as bid d ue d ate and Jan uary 24 , 20 12 , as
date of public hea ring
1 1 .R E S O LU T IO N N O . 1 1 -54 0 aw ard ing co n tract fo r 1 /0 A lum inu m C ab le fo r E lectric S erv ices to
W ES C O D istribu tion , Inc., of D es M oines, Iow a, in the am ou nt of $6 6,39 0 p lus ap plicable sales
taxes
12.F le e t Acqu isition Program:
a.R E S O LU T IO N N O . 1 1 -54 1 aw ard ing contract to M urp h y Trac tor o f A lto o n a, Io w a, fo r S m all
Tra c tor/Loader/ Ba ckh oe in the amount of $75,000, a s t a t i ona ry thumb for $2 ,000, and
accepting guaranteed b uy-back
b .R E S O LU T IO N N O . 1 1 -5 4 2 aw ard in g co n tract to M urph y Tra c to r o f A lto o n a , Io w a , fo r Large
T ra c tor/Loader/ Backhoe in the amo un t of $16 7,200, which includ e s a s ta tion a ry thumb
13.RESOLUTION N O. 11-543 a c c e pting partia l completion of public improvements and reducing
s e c urity for Northridge He ights Subdivis ion, 10 Additionth
14.RESOLUTION NO. 11 -544 accepting partia l completion of public improvements and reducing
s e c urity for Northridge Su bdivision, 14 Additionth
1 5 .R E S O LU T IO N N O . 1 1 -54 5 acce p ting com pletion of p u b lic im p rov em en ts an d releas ing secu rity
for Su nset Ridge Su bdivision, 4th Addition
1 6 .2 0 1 1 /12 A rterial S treet P av em en t Im p rov em en ts (D ayton A v en u e):
a.R ES O LU TIO N N O . 11 -54 6 ap prov ing C han ge O rder
b.RESOLUTION NO. 11 -547 a c c e pting final c omple t i on
17.RESOLUTION NO. 11 -548 accepting fina l completion of E. 13 Stre e t Pavement Rehabilitationth
(I-35 to 5 7 0 Street)th
18.RESOL U TION NO. 11-549 accepting fina l completion of 20 08/09 Conc rete Pavement
Im p rov em en ts
1 9 .R E S O LU T IO N N O . 1 1 -55 0 acce p tin g fina l com p letio n of 20 0 8 /09 Sto rm W ater Fa cility
Rehabilitation (Eas tga te Po nd)
20.RESOLUTION NO. 11 -551 accepting final completion of 2009/10 Clearwater Di version
Program
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one came forward to speak during this time.
CLASS C LIQUOR LICENSE & B WINE PERMIT FOR DELTA VITI: Moved by Goodman,
seconded by Mahayni, to approve the Class C Liquor License and B Wine Permit for Delta Viti.
Council Member Orazem inquired how the business for self-serve alcohol would work. He asked
specifically how the levelof consumption would be monitored. Business owner Gerald Caligiuri,
323 Main Street, Ames, reported that this type of operation now occurs in 40 states. According
to Mr. Caligiuri, in this type of operation, bar staff has more time to observe and interact with
the patrons. He described the process for dispensing alcohol from automated vending machines.
The machines monitor how much a person is consuming. Persons must be 21 years of age to be
on the premises. An ID check is made. The patron puts a certain amount of money on a card,
which is then inserted into the dispensing machine. If the bar staff believes a person is becoming
intoxicated, the dispensing system would be suspended.
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Mr. Orazem asked Police Chief Chuck Cychosz to comment on the proposed method of
operation. Chief Cychosz stated that the Police Department studied the business proposal. He
noted that alcohol vending machines are not legal without a waiver from the Iowa Alcoholic
Beverages Division. He said that there is a similar vending process in Clive. It does not operate
exactly as what is being proposed in Ames, but seemed to be working. The Police Chief said that
police officers will monitor the premises just as they do other alcohol-serving establishments.
The Police Department relies on the bar staff to check the identification of each person and
monitor its patrons for impairment. Chief Cychosz pointed out that the machine will not replace
the vigilance of the owner and staff, and it does not take the place of a management plan. It does
free up some of the staff members’ time to monitor the climate in the establishment.
Council Member Larson asked Mr. Caligiuri if the establishment would be strictly liquor sales.
Mr. Caligiuri stated that small appetizers will be offered; there will be no kitchen facilities on
site. He added that the clientele they expect to cater to will be business professionals.
Council Member Wacha suggested that, since this type of business operation is entirely new to
the Ames area, a six-month, rather than a 12-month, license be approved. Chief Cychosz advised
that the Police Department is prepared to work with the establishment’s owner to make the
endeavor successful. He pointed out that the type of business is not all that different from any
new bar locating in Ames: The environment must be closely monitored. Council Member
Larson said he understood Mr. Wacha’s concerns, but would rather grant a 12-month license and
request an update on the business in six months. Council Member Goodman asked the applicant
if it would cause an undue hardship on him if the Council granted a six-month license instead
of a 12-month license. Mr. Caligiuri said it would not have a large impact on him.
City Attorney Doug Marek noted that if it were the Council members’ preference to approve a
six-month license, they would, in essence, be denying the applicant’s request for a 12-month
license and pre-approving a six-month license. The applicant would need to submit new
paperwork for a six-month license with the understanding that Council had already authorized
it. He clarified that the applicant would still have to receive an exception from the State of Iowa
Alcoholic Beverages Division since alcohol-dispensing machines are not legal without that
waiver.
Motion withdrawn.
Moved by Goodman, seconded by Wacha, to pre-approve a six-month Class C Liquor License
and B Wine Permit for Della Viti, 323 Main Street, #102, contingent on the issuance of a
Certificate of Occupancy.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST FROM FRIEDRICH COMPANY FOR TAX ABATEMENT AT RINGGENBERG
PARK: City Manager Steve Schainker recalled that, on November 22, 2011, the City Council
referred a letter from the Friedrich Company requesting tax abatement for Scenic Development,
LLC to build a comprehensive retirement community in Ames. The proposed project would be
situated in the vicinity of Oakwood Road and Cedar Lane, which has been designated for multi-
family development in the Friedrich’s Ringgenberg Park development.
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Mr. Schainker noted that the arguments in support of and against providing tax abatement for
the project had been contained in the Council Action Form. He told the Council that Mr.
Friedrich had indicated that another community (Gilbert) is considering offering tax abatement
for the project. The City Manager also reported that Kurt Friedrich maintains that if the City of
Ames does not follow suit, the development might occur in another city. It was pointed out by
Mr. Schainker that the City does not have a matrix for this type of development. Ultimately, the
City Council will have to decide if it wants to give tax abatement for all senior-living
developments or is there enough specific benefits that would make this one unique enough to
justify the granting of tax abatement. It was noted that there had been numerous retirement-
related developments that had been constructed within the City of Ames over the years without
the benefit of a tax abatement incentive from the City.
Kurt Friedrich, The Friedrich Companies, 100 Sixth Street, Ames, stated that the proposed
developer had received tax abatement incentives for retirement housing developments in every
community where they had built such units. According to Mr. Friedrich, there is competition
among communities for this project. According to Mr. Friedrich, a market study had been done,
which revealed that there is a need for at least 300 additional units of senior housing in Story
County.
Pictures of the senior-housing project built by Scenic Development LLC were shown by Mr.
Friedrich. According to Mr. Friedrich, the business model for this type of retirement housing
development represents a much more affordable option because it is rental-type model; there is
no large down-payment. Mr. Friedrich also contended that more affordable housing within the
community would come on the market when residents move from single-family homes to the
retirement community. After locating a desirable site within Ames, Scenic Development asked
Mr. Friedrich to request tax abatement from the City Council for the project. They have received
tax abatement from every community where they had built similar senior housing projects. The
company has built two retirement housing projects in Iowa, one in Grimes and one in Iowa Falls.
The following points were made by Mr. Friedrich in favor of approving tax abatement for the
development:
1.It is consistent with the Land Use Policy Plan (LUPP).
2.It would be an in-fill project; there would be no cost to the City to ready the site.
3.The project would only mean new revenues for the City.
4.It would result in a higher density for the area and would make efficient use of the
infrastructure.
5.The site is within the Ames School District.
6.The development is likely to be in excess of $10 million, and will provide new property tax
revenues.
7.Offering tax abatement to this development would not set a precedent because it is a unique
type of retirement housing.
Mr. Friedrich pointed out that the retirement housing development in Ames known as Northcrest
is tax-exempt. Another retirement housing development in Ames, The Rose, received tax
abatement. Council Member Larson noted that there were several other retirement-housing
developments in Ames that neither requested nor received tax abatement.
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Council Member Davis asked to know the dollar amount of the tax abatement. Finance Director
advised that for a development that was two-thirds residential and one-third commercial at the
current roll-back rate would equate to $212,000/year in taxes (without tax abatement) for a
development worth $6.5 million in taxable value.
Council Member Goodman said the project seemed like a great project; however, he is not in
favor of tax abatement.
Council Member Mahayni expressed his concerns about a precedent being set. He also believes
that public decisions should not be made based on threats, e.g., the development will be built
elsewhere if the City does not offer tax abatement. Mr. Mahayni noted that the project in
question is a for-profit project. He does not see that it serves a public purpose.
Council Member Larson pointed out that the City had incentivized certain commercial
developments. He noted that the Council took unprecedented action when it offered tax
abatement to GK Development to redevelop the North Grand Mall. The difference between that
and the one in question is that the City Council had a specific thing that it was trying to
accomplish, i.e., “to jump start retail.” There were stringent time requirements that had to be met
if tax abatement were to be received. GK Development did not meet that time frame and did not
get the abatement.
Council Member Wacha advised that he had initially referred the letter because it was proposed
to be built in an area of Ames where the Council had attempted to get activity in for quite some
time. He personally believes that there will be multiple projects of this type since it is an area of
the industry that has a proven demand. It is Mr. Wacha’s opinion that this type of project would
probably be successful without tax abatement.
Mr. Larson stated his belief that the project in question is a good project. He hoped that what
Ames has to offer as a community will create enough of a reason for the development to be
constructed in the City.
Moved by Wacha, seconded by Goodman, to accept the report.
Mayor Campbell noted that staff was asking for specific direction regarding whether or not to
approve tax abatement for the project.
Council Member Goodman suggested that Council consider a broader matrix regarding offering
commercial tax abatement for certain unique projects. If there is a large regional project and the
City wants it to locate in Ames, there should be some conversation about developing criteria to
evaluate those. Council Member Larson noted that the City had done that on Duff Avenue and
in the Southwest Growth Corridor.
Motion withdrawn.
Moved by Goodman, seconded by Mahayni, to deny the request for tax abatement for a
retirement housing development proposed to be located in Ringgenberg Subdivision.
Vote on Motion: 6-0. Motion declared carried unanimously.
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HUNZIKER YOUTH SPORTS COMPLEX: City Manager Schainker reported that, on October
25, 2011, the City Council had referred a letter from Mark Kutchen requesting permission to
construct additional gravel parking areas at the Hunziker Youth Sports Complex (HYSC). That
facility is managed by a non-profit organization that operates youth soccer, baseball, and softball
programs, but is located on City-owned land. Permission to utilize the land was granted by the
City in November 1994 in accordance with a 30-year lease. As owners of the property, the City
retains the authority to grant permission for the HYSC to make any physical modifications to the
property.
Mr. Schainker presented the history behind the parking requirements for the HYSC. Originally,
the HYSC was required to pave their parking lots with asphalt or concrete. HYSC representatives
emphasized at that time that that type of expense would take away funds that could be used to
improve playing fields and concession/restroom facilities. Therefore, the HYSC was advised to
seek a variance to the paving requirement from the City’s Zoning Board of Adjustment (ZBA).
Although the ZBA denied the request for a variance to the paving requirements of the parking
lots, it granted three extensions totaling 13 years to allow the HYSC to phase-in the hard-
surfacing improvements through 2008. In September 2008, knowing that the time extension was
about to elapse without the possibility that the hard surfacing would be accomplished, the City
Council passed a resolution formally exempting the HYSC from parking lot paving requirements
and accepting seal-coating for the off-street parking lots on the City property.
Council Member Larson recalled that when the City Council debated the issue of the parking lots
at the HYSC, it wasn’t necessarily asphalt seal-coating as if to provide a permanent surface; it
was more about what could be done to control dust.
Mark Kutchen, 800 Billy Sunday Road, Ames, representing the HYSC, asked if the Council
members had any questions. Mr. Kutchen noted that the paving of the road leading to the
Complex had solved a lot of the issue with dust.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-552 granting the
request from the HYSC to allow the construction of three additional areas of rocked parking on
the site.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
City Manager Schainker noted the 2008 resolution that is in place to exempt the HYSC from the
hard-surface parking requirements. He again cited the previous policy direction by the Council
that exempted the HYSC parking lots from paving requirements, but required seal-coating of the
existing parking lots.
Moved by Mahayni, seconded by Davis, to adopt RESOLUTION NO. 11-553 exempting parking
areas on the total site from the hard-surfacing requirement and allowing rocked parking.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ACQUISITION OF “UNENDING SKY” SCULPTURE: Patti Cotter, Chairperson of the Public
Art Commission, explained that the sculpture would be placed in the Christofferson Park
Neighborhood. The artwork is proposed to be purchased with funds that were carried over from
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last year’s budget.
Moved by Mahayni, seconded by Wacha, to adopt RESOLUTION NO. 11-554 approving the
acquisition of “Unending Sky” from Kristin Ga rnant at a purc ha se pric e of $8 ,000 for installation
in the Christofferson Pa rk Ne ighborhood in the Ringgenberg Subdivis ion, using unspent funding
from FY 2 010/11 .
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
SOUTH DUFF TRAFFIC SIGNAL WARRANT ANALYSIS: Traffic Engineer Damion
Pregitzer informed the Council members that, on October 11, 2011, they had referred to staff a
letter from Chuck Winkleblack outlining a potential approach to improving traffic flow along
South Duff Avenue south of S. 5th Street. In his letter Mr. Winkleblack had mentioned that
there were several properties on the west side of South Duff Avenue that are currently vacant and
could possibly redevelop in the near future. Mr. Winkleblack asked the City to explore the
potential of consolidating access along the west side of South Duff and conducting a Traffic
Signal Warrant analysis given one main access point for all the properties. Mr. Pregitzer advised
that this would also include modification of the right-in, right-out access for Wal-Mart into a full
movement drive as part of the traffic signal installation.
City Manager Schainker acknowledged that Mr. Winkleblack’s idea of a coordinated access
through the properties was a good idea. However, in order to accomplish that objective,
cooperation would be needed from all of the property owners. Mr. Pregitzer pointed out that the
new Texas Roadhouse restaurant was the only one of the three parcels on the southwest corner
ready for redevelopment. He stated that staff had partnered with the Iowa DOT and the property
owner to take a more holistic look at how the overall site will develop. Once the size and types
of developments on South Duff are better defined, a Traffic Signal Warrant analysis could be
preformed to determine if a signal should be installed. According to Mr. Pregitzer, regardless of
whether a traffic signal is found to be warranted, consolidating access points should greatly
improve the safety and traffic flow along South Duff Avenue.
Council Member Larson stated his preference to “clean up” the access to Super Wal-Mart. He
believes that there are too many motorists who violate the “right-in/right-out” (access/egress) to
that business, and he was definitely in favor of staff continuing work on traffic improvements
in that area. Mr. Pregitzer said that staff will continue to work with developers along the west
side of S. Duff Avenue in an effort to facilitate access management by way of internal circulation
across sites.
TRAFFIC FLOW STUDY IN AND AROUND HOSPITAL-MEDICAL ZONE: The Council
was reminded by Traffic Engineer Pregitzer that, on October 11, 2011, it had referred to staff a
petition from the Sunrise Addition Neighborhood Association, and specifically, from residents
between Duff Avenue and the City cemetery and south of 13th Street. The petition was in
response to concerns regarding an office building being built on the corner of Carroll Avenue
and 12th Street and requested that staff conduct a traffic study to obtain a baseline traffic volume
in order to quantify the changes in traffic once the office building was open.
Council Member Orazem questioned whether construction workers working on the new
McFarland Clinic building were parking in the Carroll area. It was pointed out by Council
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Member Larson that McFarland Clinic patients and employees had been displaced due to the
construction of the new hospital addition. Those persons are either parking in the ramp or west
of the site.
Mr. Pregitzer said that staff had collaborated with McFarland Clinic staff and their consulting
engineers so that the design of the site directs future employees of the office building to use Duff
Avenue rather than driving through the neighborhood. Other aspects of traffic safety were
included in the design, such as keeping trees or other features near the corners out of the sight
distance triangle, thereby protecting the operational safety into the future. The site plan for the
office building also included updated accessible pedestrian ramps within the right-of-way. That
off-site work will be done by McFarland Clinic and was not required for site plan approval. Mr.
Pregitzer said that he had spoken with representatives of the Neighborhood about their concerns
related to future traffic impacts. The discussions were related to potential speeding and/or the
need for additional traffic control at the intersections. Currently, the intersection of 12th Street
and Carroll Avenue where the office building is to be located is not controlled by signage.
Mr. Pregitzer advised that, within the next two months, the City will complete a Traffic Calming
Toolkit that may offer certain strategies that could address potential traffic issues in the Sunrise
Addition Neighborhood. Should traffic control devices be one of the selected strategies, an
engineering study should then be completed to validate the appropriateness of those devices.
However, as he had discussed with Neighborhood members, the study would need to be
conducted using future built-out conditions. According to Mr. Pregitzer, it would not be
appropriate to base the study on a projection of future conditions prior to development of the site.
Staff will collect traffic count data near the site of the proposed office building over the next few
months, specifically in the vicinity of the 12th Street and Carroll Avenue intersection. The
“before” data will then be compared to counts taken after the office building is open and fully
staffed so that the changes in traffic patterns and volumes will have stabilized from the addition
of the new development.
It was noted by Mr. Pregitzer that the residents’ main concern was related to the intersection of
12 and Carroll and cut-through traffic. He pointed out that the type of study referenced aboveth
would not meet that need. Mr. Pregitzer said that what the residents appear to be looking for
were things like traffic control, e.g., stop signs, which are based on current conditions. However,
some information about the current traffic pattern in the Neighborhood before the new
development and then after it has been completed would be gleaned.
Moved by Goodman, seconded by Wacha, to direct staff to collect the data.
Vote on Motion: 6-0. Motion declared carried unanimously.
MAIN STREET CULTURAL DISTRICT PARKING HANG-TAG STUDY: Traffic Engineer
Pregitzer pointed out that, on October 11, 2011, the City Council had referred to staff a letter
from Peggy Baer, President of the Ames Historical Society (AHS). The letter stated that the AHS
owns an 18-stall parking lot located at 120-5th Street and that the AHS had concerns regarding
the Main Street Cultural District’s (MSCD) proposal to have the City institute a Downtown
employee parking hang-tag program in addition to current parking regulations in the Downtown.
Specifically, if a hang-tag program were to be used, it would negatively affect its ability to rent
and maintain its parking lot. That concern comes from an ongoing discussion that City staff had
been having with the MSCD on potential methods to improve parking in the Downtown. One
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of the ideas that came from the MSCD currently being analyzed is the possibility of creating a
hang-tag program for Downtown employees. The hang-tag program would allow those
employees to park in non-metered City parking areas during the work hours of the day. City
Manager Schainker pointed out that an important step for the City staff in this
process will be to quantify the potential financial impacts on its Parking Fund from instituting
such a program.
City Manager Schainker noted that City staff had requested that the MSCD staff survey the
Downtown businesses to determine: (1) how many people would potentially use the hang-tag
program who are currently using time-limited or metered parking, and (2) how many people
would switch to using a hang-tag who are currently renting a reserved parking stall. The Ames
Historical Society alleges that the rate being proposed by the MSCD would cause problems for
it as it had hoped to lease parking spaces at its new building for $25/month.
Tom Drenthe, Main Street Cultural District Director, stated that the MSCD is finalizing a
collection of surveys of Downtown businesses. It plans to provide City staff with a summary
of its findings. Once that information is received, the staff will be able to estimate the financial
impact on the Parking Fund from the proposed hang-tag system. During a future City Council
meeting, staff will present a report of these findings along with the various alternatives for the
Council to consider regarding the use of hang-tags in the Downtown area.
HEARING ON TEXT AMENDMENTS TO CORRECT AND/OR CLARIFY SECTIONS OF
ZONING ORDINANCE: Planning and Housing Director Steve Osguthorpe reported that the City
Council had included “Zoning Code Clean-Up” in its list of priorities for the Planning Division.
That pertained to a list of needed amendments that staff had kept track of over the past several
years and included Code provisions that had been problematic or difficult to interpret. Each
proposed ordinance was briefly described by Mr. Osguthorpe and included the following:
1.Increased Copies of Sketch Plan
2.New Definitions and Renumbering
3.Lot Configuration Standards
4.Encroachments into Setbacks
5.Tree Sizes at Planting
6.Parking Standards
7.Relocate NC Sign Standards
8.Village Design Review Process
9.Expiration of Site Plan Approval
10.Day Care in Single- and Multi-Family Dwellings
Mayor Campbell noted that the public hearing had been opened on October 11, 2011, and
continued to this date. There being no one wishing to provide public input, the Mayor closed the
hearing.
Moved by Mahayni, seconded by Goodman, to pass on first reading ten ordinances to correct
and/or clarify various sections of the Zoning Ordinance, including definitions, general zoning
regulations, development standards, residential high density permitted uses, neighborhood
commercial signage standards, village residential design guidelines, and site development plan
11
review.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON ZONING ORDINANCE TEXT AMENDMENT RELATED TO THE
DEFINITION OF A “STORY:” Director Osguthorpe recalled that the City Council had
referred to staff a possible zoning ordinance text amendment to develop a definition of “story.”
He noted that, while the Zoning Ordinance regulates setbacks according to the number of stories,
there is no definition of “story” in the Zoning Ordinance. He said that, in the absence of such a
definition, staff had relied on the definition of “story above grade.” To clearly address the need
for a definition, staff proposed a definition that is very similar to that contained in the Building
Code. There are two definitions: “story” and “grade plane,” which are needed to help define
“story.”
Mayor Campbell announced that the public hearing had been continued from October 11, 2011,
to this meeting. No one came forward to offer public input at this time.
Council Member Orazem asked why “story” could not just be defined in terms of feet. Mr.
Osguthorpe said if that were going to happen, the entire Zoning Code would have to be reviewed
and revised. He advised that if that were the Council’s desire, staff could certainly do that.
Council Member Larson said that he wanted to ensure that whatever definition was decided upon
resolved the issue of non-conforming buildings in the Downtown. He recalled that Downtown
buildings are required to be at least two stories; however, a number of the structures are only one
story. Mr. Osguthorpe clarified that the text amendment that was being recommended would not
remedy that non-conformity issue. He offered to bring back alternatives to that issue if the City
Council members wished to defer action on this topic.
Moved by Larson, seconded by Goodman, to continue the hearing until further notice.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON ZONING ORDINANCE TEXT AMENDMENT TO PERMIT BANQUET
ISSUE HALLS, EXHIBITION AREAS, AND MEETING AREAS IN GENERAL
INDUSTRIAL ZONING DISTRICTS: Mr. Osguthorpe reported that, in seeking a location for
a new brewery and packaging facility and planning for its design, one of the primary goals of the
Olde Main Brewing Company was to maintain a partnership between the production and the
entertainment components. The company wants to develop a brewery in combination with an
event space in Ames; however, there is no zoning district that permits both uses in the same
zone. The applicant was requesting an amendment to the Zoning Ordinance that adds banquet
halls and exhibition and meeting areas as permitted uses in the General Industrial Zoning
District. It is preferred by the applicant to be allowed to locate in the Industrial zone, which
allows the manufacturing component (the brewery), but does not allow the event center
component. Conversely, the event center component would be allowed in a commercial zone,
but the manufacturing component (brewery) would not.
At the inquiry of Council Member Goodman, Mr. Osguthorpe explained that the brewery in the
Olde Main restaurant is currently allowed in the commercial zone because it is defined as an
accessory to the restaurant component. It was noted that the scale of the brewery is growing to
that of a distributer.
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Mr. Osguthorpe brought the Council’s attention to the proposed ordinance, which had several
different possibilities. He explained the alternatives. It was pointed out by Mr. Osguthorpe that
if the City Council chose to approve Alternative #4, which was to pursue an amendment to the
Zoning Ordinance to permit breweries by Special Use Permit and limit production to not more
than 15,000 barrels per year, action would have to be deferred to a future date due to the Notice
of Public Hearing not including a change of uses in the commercial zone.
The Mayor opened the public hearing.
Council Member Orazem said his biggest concern about allowing banquet halls, etc., in the
Industrial Zone would be parking. It seemed to him that a lot of parking would be needed for
event-type uses. Director Osguthorpe advised that there would be parking requirements for both
the manufacturing and the entertainment components. Collectively, it must equate to the
required number.
Scott Griffin, 1614 Pierce Circle, Ames, advised that he had spent over a year trying to find a
location that would allow a large enough site to provide the activities, yet be in proximity to
hotels.
Mr. Goodman said that he preferred to amend the Zoning Ordinance to allow breweries in the
commercial zone. He asked Mr. Griffin if it would “kill” the project if it were not allowed near
hotels or the interchange of I-35 and Highway 30. Mr. Griffin said that he was open to
suggestions as to where his proposed project should be located.
The Mayor closed the hearing after no one else asked to speak.
Council Member Davis asked Mr. Griffin if the recommended 15,000-barrel limit would
eventually restrict growth of the brewery. Mr. Griffin said that it would be very limiting.
Council Member Larson said that he was supportive of Mr. Davis’ project. He would like to see
more uses allowed in General Industrial Zoning Districts. Mr. Larson said that he personally
believed that allowing what Mr. Griffin was requesting was more appropriate in the Industrial
Park than many of the other businesses currently located there; many current businesses there are
not manufacturing and/or processing uses. Mr. Larson cited that it is upsetting when a company
can’t find a location to construct or expand a business due to zoning restrictions.
Council Member Goodman said he would be more comfortable with this project if it were not
located in the TIF Park. It causes him concern that land in the TIF Park would be taken up by
parking that was necessitated by the entertainment use, which he believes is more of a
commercial activity. Mr. Goodman noted that he would like to move more slowly at allowing
additional uses in the General Industrial Zoning Districts and only include breweries as an
additional use at this time.
Chuck Winkleblack, 105 S. 16 Street, Ames, noted that, as part of the Developer’s Agreementth
regarding the TIF Park, a Minimum Assessment Agreement had been negotiated and approved.
That Agreement ensures that the City would get a good return on its investment. The larger lots,
when developed, must have a minimum assessed value per acre. It means that someone can not
take advantage of “cheap” land and then not pay the taxes, which is intended to repay the TIF
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bond. Another point made by Mr. Winkleblack is that there is not much commercial land within
the City of Ames that is at a price that would not be prohibitive for this project.
Director Osguthorpe told the Council that the way the ordinance was drafted provides
opportunity for not just the industrial zone, but could open it up to the commercial zone if the
Council desired to allow the uses in both. However, if Council decides to allow the uses in the
commercial zone, action would have to be deferred to allow time for the Notice of Hearing to
be published. If the Council wants to allow the uses in the industrial zone, it could take action
on the ordinance at this meeting.
Moved by Davis, seconded by Wacha, to pass on first reading an ordinance to permit banquet
halls, exhibition areas, and meeting areas in the General industrial Zoning Districts only in
combination with manufacturing and processing industrial uses located on the same lot and to
modify the proposed ordinance to delete Sections 2 through 6 and to replace the phrase “when
in combination with a brewery located on the same lot or parcel” in the Zoning Use Table
29.901(2) in Section 1 with the phrase “when in combination with manufacturing and processing
industrial uses on the same lot or parcel.”
Roll Call Vote: 5-1. Voting aye: Davis, Larson, Mahayni, Orazem, Wacha. Voting nay:
Goodman. Motion declared carried.
The meeting recessed at 9:05 p.m. and reconvened at 9:12 p.m.
PLAN TO SOLICIT PROPERTY INSURANCE PROPOSALS: City Risk Manager David Eaton
advised that the City of Ames had purchased insurance coverage for its property from FM Global
since 2004. That insurance covers the City’s property assets for all risks of physical loss or damage,
subject to various policy terms and conditions. From 2004 to the present, the insured values of the
City’s property and the premiums had increased substantially. Mr. Eaton explained the various
deductibles for this coverage.
City Manager Schainker reported that, since going with FM Global, the City has had one loss (the
2010 flood damage at CyRide at approximately $800,000), which had a $25,000 deductible.
Mr. Eaton advised that staff had been evaluating the history and current status of the City’s
property insurance program since July when FM Global was awarded the most-recent renewal
contract. It had been a number of years since the City had solicited proposals for insurance
coverage, and staff was proposing to implement a six-step process to select the City’s property
insurer. Mr. Eaton described reasons to utilize the services of a broker instead of working
directly with an insurer. He also reviewed the estimated time line for procurement of property
insurance coverage.
CHANG E O RDER FOR BOIL ER REPAIR AND M AI NTENANCE: Ele c tric Services Dire c tor
K o m rem ind ed th e C o u n c il th a t it h ad awarded the current contract to Plibrico Company, LLC,
Om aha, NE, on June 10, 2008, for boiler repair and maintenance to be furnished as requested during
2008/09. That contract included four optional twelve-m onth renewal periods and was renewed by
City Council for 2009/10 on M ay 26, 2009. On May 11, 2010, for FY 2010/11, a change order for
$450,000 was approved to fulfill the year. On April 12, 2011, City Council awarded the contract
renew al with the same com pany for FY2011/12 for the not-to-exceed am ount of $490,000 for both
No. 7 & No. 8 boilers.
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Mr. Kom further explained that, during the wall tube project outage, staff addressed many issues
in the secondary superheat. Plibrico had the opportunity to replace or repair sections of tube
showing higher levels of wear or corrosion. The superheat will be more fully repaired during the
fall of 2012; however, completing that extra work exhausted the budgeted funding for both
boilers for the remainder of FY2011/12. According to Mr. Kom, the proposed change order
would add an additional $497,000 to the current contract for FY2011/12; it would bring the total
contract amount to $987,000. It had determined that recent outages on both boilers, as well as
preparation work done by Plibrico for the Unit No. 8 tube project recently completed, will
exhaust the budgeted dollar amount prior to end of year. Additional funds will be needed.
Funding to cover the Change Order in question would come from a $147,000 rollover from the
FY2010/11 Fixed Equipment Repair account under No. 7 Boiler Maintenance plus a transfer of
funds between accounts within the FY2011/12 budget to total $350,000. The requested changes
will not increase the overall FY2011/12 budget.
Mr. Kom emphasized that the Change Order was necessary to ensure that a qualified professional
firm will respond to both scheduled and emergency needs for boiler repair and maintenance and
controls costs by having established billing rates. He stressed that it is critical to have No. 8
available for the upcoming summer load season to prevent having to purchase replacement
energy at higher than production costs.
M o v ed b y M a h a yn i, seco n d ed b y D av is , to ad o p t R E S O LU T IO N N O . 1 1 -5 5 5 ap p ro v in g C h an ge
Order N o. 1 to Plibric o Compa ny, LLC, in the amount of $497,000 for Boiler Re pa ir and
M aintenan ce.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMPREHENSIVE ANNUAL FINANCIAL REPORT: Finance Director Pitcher stated that
Eide Bailly had audited the City’s financial statements for the year ended June 30, 2011. In the
auditors’ opinion, the information was accurate in all material respects and presented in a fair
manner the respective financial position of the governmental activities, the business-ty[e
activities, each major fund, and the aggregate remaining fund information of the City. According
to Mr. Pitcher, the auditors’ report was a “clean” opinion with no material weaknesses identified
or significant deficiencies noted. There were also no recommendations for improvement
included in the report.
Moved by Wacha, seconded by Davis, to adopt RESOLUTION NO. 11-556 approving the
Comprehensive Annual Financial Report for Year ending June 30, 2011.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
LAND ACQUISITION TO CONNECT TRAILS BETWEEN MCCARTHY LEE PARK AND
MUNN WOODS: Parks and Recreation Director Nancy Carroll said that, in June 2011, the Parks
and Recreation Commission had toured two privately held parcels of land adjacent to Clear
Creek. The two properties (the Benson’s 4.3 acres and the Satterwhite-Weiner’s 5.5 acres)
separate McCarthy Lee Park and Munn Woods. In October 2011, the Commission unanimously
recommended that the City Council authorize staff to make a written offer to purchase those two
properties. Additionally, due to the Satterwhite-Weiner parcel needing to be sub-divided, the
Commission recommended that City requirements for the Major Subdivision process be waived.
The Commission’s justification for asking for the waiver was two fold: (1) Both parcels are land-
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locked with no access to the street and (2) The intended purpose of the land division is to create
public parkland.
Ms. Carroll gave an overview of each parcel. She explained the actions that would be necessary
if the City Council desired to proceed with the property acquisitions. In reference to the
subdivision process, she also noted that the division of the Satterwhite property would create just
two lots, but neither would have access to the required utilities. Therefore, it is, by definition,
a Major Subdivision requiring the preparation of a Preliminary Plat, the installation of utilities,
and a Final Plat. The Benson property is already a separate parcel and would not need to be
subdivided. If the requirements for public infrastructure were waived, the Plat could be
considered a Minor Subdivision and be approved administratively.
City Manager Schainker advised that the identified funding source to accomplish the two
purchases, estimated at a total cost of $84,000, would be the Parkland Acquisition and
Development Fund. Ms. Carroll noted that that Fund currently totals $760,300 with no other
anticipated expenditures for FY11/12.
Ms. Carroll pointed out that this was an excellent opportunity to connect two significant park
properties (McCarthy Lee and Munn Woods) so residents can gain legal access, not only to the
woodland area, but also between the parks. Over the years, the two homeowners have allowed
access over their land; however, that could change and residents could be denied usage of the
land.
Council Member Orazem said he would like to have a connection all the way from North Dakota
to Emma McCarthy Lee Park. He asked if there were restrictions on the materials to be used for
surfacing in Munn Woods. Ms. Carroll advised that she believed the terms of the Conservation
Easement limited it to crushed aggregate.
Council Member Davis pointed out that the land being acquired by the City was already
designated as tax-exempt; no land will be taken off the property tax rolls.
Moved by Goodman, seconded by Wacha, to direct staff to not require an independent land
appraisal of each parcel.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 11-557 waiving the
requirements for the Major Subdivision process.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodman, seconded by Wacha, to authorize staff to submit written offers to purchase
the Benson parcel for $28,000 and the Satterwhite-Weiner parcel for $50,000.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Wacha, to adopt RESOLUTION NO. 11-558 allocating funds
in the estimated amount of $6,000 to cover survey and closing costs.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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JDA SUBDIVISION: Director Osguthorpe reported that the property in question includes 5.34
acres within the City’s two-mile fringe area east of Ames. It is located northwest of the
intersection of U. W. Highway 30 and 580 Avenue, and presently addressed as 23937-580thth
Avenue in rural Story County. The property contains several buildings comprising two
businesses, including a construction supply company and a veterinarian office. Three lots are
proposed - two with the existing buildings and a north lot for development. Rural water service
to the site is currently provided by Central Iowa Water Agency.
Mr. Osguthorpe referenced the Ames Urban Fringe Plan. He noted that the Plan states that the
area in question should be annexed before it is developed and then developed in the City with
full urban services. He noted that the south boundary of the area in question is the Union Pacific
Railroad. South of the Railroad is the Agricultural/Long-Term Industrial Reserve land use aera.
The LUPP currently states that industrial development would occur there after significant
development in the Planned Industrial area to the north. According to Mr. Osguthorpe, before
industrial development occurs, the Ames Urban Fringe land use designation should be changed
to Planned Industrial and urban-level design and infrastructure standards be applied. Mr.
Osguthorpe gave reasons why the City Council should reconsider the designation of the area as
an Industrial Reserve.
Director Osguthorpe pointed out that the Ames Municipal Code allows waiver of subdivision
requirements when complying with the regulations would cause extraordinary hardship.
However, this waiver cannot have the effect of nullifying the intent and purpose of the
regulations nor can it be more than is necessary to eliminate the hardship or conform to the
purpose of the regulations. He noted that, in granting a waiver, the City Council may impose
conditions to ensure meeting the objectives of the requirements being waived. The City has
typically conditioned its waiver of design and infrastructure improvement standards upon the
applicant agreeing to covenants that bind the current and future owners to (1) request annexation
when the City asks them to annex, (2) pay for any buyout of rural water upon annexation, and
(3) agree not to contest any assessment necessary for the installation of public improvements
installed by the City. According to Mr. Osguthorpe, the applicant has signed and submitted those
standard covenants.
Also noted by Mr. Osguthorpe, Story County’s current Light Industrial zoning is consistent with
the anticipated long-term use of the property as defined in the Ames Urban Fringe Plan.
However, the area designated by the Plan as Agricultural/Long Term Industrial Reserve is not
intended to be developed within the current time frame of the Plan, or until after existing Planned
Industrial areas have been largely developed. The Plan also states that prior to industrial
subdivision development approval, the Fringe Plan Land Use Framework Map should be
amended to re-designate the area proposed for development from Agricultural/Long Term
Industrial Reserve to Planned Industrial. Mr. Osguthorpe told the Council that there may be a
reason to consider amending the LUPP to change the Reserve designation in that location. He
recalled that an Annexation Moratorium Agreement currently exists between Nevada and Ames,
and the City had directed that a study be conducted to determine the feasibility of annexation and
the cost of extending urban services to 590 Street. th
According to Director Osguthorpe, staff had had discussions with Nevada and Story County
pertaining to the costs associated with the buy-out of Rural Water. The concern is that when
more development occurs in this area, Rural Water may be basing their predictions for future
17
revenues on the pattern of development that has occurred in this area. The question is will this
Subdivision affect that prediction and will they base the cost of buy-out on potential lost revenue
versus actual cost. Mr. Osguthorpe said that the Council might want to consider changing the
LUPP to prohibit further subdivision that would require a costly Rural Water buy-out. City
Manager Schainker cautioned that if a company locates in this area, it is not known how much
Rural Water will charge that company to buy-out Rural Water and annex to the City. He foresees
that the company would come to the City asking for it to pay the buy-out fee if the City had
enticed it to come to Ames.
Mr. Osguthorpe pointed out that the Council will want to consider whether subdivision of
Industrial Reserve land to facilitate current rural development proposals is consistent with
current “reserve” policies of the Plan. The Council must also determine if approving the
proposed industrial development to proceed at this time without urban level design and
infrastructure is consistent with the City’s goals, objectives, plans, policies, and standards for its
urban fringe area. Ultimately, the Council must determine that the proposed Final Plat “conforms
to relevant and applicable design and improvement standards in [the subdivision] regulations,
to other City ordinances and standards, and to the City’s Land Use Policy Plan.”
Per Mr. Osguthorpe, the traffic issue also needs to be discussed; intersection improvement might
be required. This is one area where an interchange could potentially be constructed. Council
needs to consider whether development of the site in question might make it more difficult to
acquire land that would be necessary for the interchange. Council could delay approval of
additional development in this area until it has been determined when and where intersection
improvements will be needed. He reminded the Council that the terms of the 28E with the
County state that the City would retain subdivision authority over the property in question.
Director Osguthorpe explained the options available to the City Council. He stated that the
applicable Covenants had been signed by the applicant.
Jay David Armstrong, applicant, advised that they have a well; they do not use Rural Water. He
said he simply wants to sell off one lot, and the only way he can do that is to subdivide.
City Attorney Marek reported that apparently, at some point in the past, the City had authorized
Rural Water to serve the territory. He advised that the Iowa Code provides that the terms of
taking over the territory would be negotiated. Past practice of the City had been to approve the
rural subdivision, contingent upon receipt of a signed Covenant pertaining to a buy-out of Rural
Water rights.
Council Member Goodman expressed his opinion that JDA Subdivision should be approved, but
Council should agree that it would not allow any future expansion of the property. He also wants
to ensure that any buy-out would run with the land.
Moved by Goodman, seconded by Orazem, to conclude that the request for waiver of City’s
design and infrastructure improvement standards meets the criteria.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Orazem, to conclude that the Subdivision conforms to the
City’s adopted goals, objectives, plans, policies, and standards.
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Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Orazem, to adopt RESOLUTION NO. 11-559 approving the
Final Plat .
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Orazem, seconded by Goodman, to direct City staff to work with Story County and
Nevada to amend the Urban Fringe Plan to extend the Industrial Reserve to 590 Avenue andth
to explore other possible strategies to protect from future Rural Water buy-outs.
Vote on Motion: 6-0. Motion declared carried unanimously.
PROCESS FOR UPDATING LAND USE POLICY PLAN (LUPP): Director Osguthorpe
recalled that staff had shared with the City Council, in May 2011, the possible framework for
amending the LUPP. Staff had been directed to develop a process for a scheduled review of the
LUPP, including major amendments versus minor amendments. Mr. Osguthorpe then explained
what a Scheduled Review and Non-Scheduled Review of the LUPP would entail.
Scheduled Review. Director Osguthorpe advised that staff is proposing that Scheduled Reviews
would occur every five years and would be considered a Major Amendment. As such, it would
have a broader public outreach component. Defined processes for both Scheduled and Non-
Scheduled Reviews were described by Mr. Osguthorpe. The steps to be utilized for a five-year
scheduled review were listed. The final scope might include amendments that were previously
proposed by private parties that the Council had deferred to the five-year review process. An
Initial Open House would be conducted by the Planning & Housing staff, who would listen and
observe, but not necessarily participate. A Council Workshop would then be held to hear
suggestions and/or concerns/questions. Based on the Workshop smmary, potential amendments
would be prepared. Those would be presented at a Planning and Housing meeting and a formal
draft would be prepared for public input. Public hearings would be held before the Planning and
Zoning Commission and the City Council.
Mr. Osguthorpe described ways that staff would provide notice to the public on Major
Amendments. Those would include Press Releases, notice through all media techniques, and
mailed and e-mailed notices to customers within 300 feet of a site affected by the amendment
within ten (10) days prior to the hearing. Seven days’ notice is currently required by Code, but
staff is proposing that it be increased to ten days. Staff also proposed that the City Council not
take action on the date of the hearing, but defer to a later meeting date.
Council Member Wacha asked Director Osguthorpe what the overall time frame would be from
the beginning of the review process to when the amendments are approved. Mr. Osguthorpe
estimated that it would take six to eight months.
City Manager Schainker specifically brought the Council’s attention to Paragraph 3 on Page 3
of the Council Action Form pertaining to the Major Amendment Public Input Process. He
clarified that the City Council will control how much of the LUPP is reviewed – it could be in
its entirety or it could be focused on one part.
Council Member Larson stated his preference to restrict the scope of Scheduled Reviews. He did
19
not want the entire LUPP to be reviewed every five years.
Moved by Orazem, seconded by Wacha, to accept the process for Scheduled Reviews, adding
under Paragraph 3: “Major Amendment Public Input Process - Step 1: ...The parameters and
focus may be as broad or restrictive as the Council deems appropriate, but will not include a
complete review of the LUPP...”
Vote on Motion: 6-0. Motion declared carried unanimously.
Non-Scheduled Review. Director Osguthorpe advised that amendments to the LUPP will not
be restricted to the five-year amendment cycle; they can be considered at any time. The City
Council would determine whether the amendments would be major or minor. Each step for a
non-scheduled amendment was explained by Mr. Osguthorpe. He defined what would constitute
a Major or Minor Amendment. There would be additional public input on Major Amendments.
Council Member Larson said he preferred that notification be mailed to those within 300' of the
affected property for Minor Amendments as well as Major Amendments. He would like notices
sent whenever a LUPP change is being decided upon.
Moved by Goodman, seconded by Larson, to approve the process for Non-Scheduled
Amendments with the addition of requiring mailed notification of affected property owners
within 300' for Minor Amendments.
It was noted that mailed notification of affected property owners within 300 is already required
for Major Amendments.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mr. Osguthorpe brought the Council’s attention to the section entitled, “Consolidated
Applications.” He noted that the LUPP amendments are legislative actions that should not be
consolidated with, or concurrently processed with, other quasi-judicial actions (e.g., rezonings,
subdivision approval, or site plan review). If an applicant chooses to submit applications
concurrently, he or she shall submit written authorization to waive any codified or statutory
deadlines applicable to their application and to hold their application in active until the effective
date of a decision on the LUPP amendment.
City Manager Schainker noted that the changes would be incorporated, not in the Municipal
Code, but in the Land Use Policy Plan.
A IR P OR T PR OT E C T ION P L A N N I N G: Plan n er Sa m Pe rry n o ted that in A u gust 2 0 1 1 , the C ity
C o u n cil h ad directed staff to resea rch D u b u q u e, S io u x C ity, A n k en y, an d C o u n cil B luffs to
determine their airport protection polic ies. T he res ults of that surve y were included in the
C o u n cil A ction Fo rm ; h o w ev er, u p o n fu rth er research , s taff fo u n d th at v ery few cities regu late
specific land uses. M ost ordinan ces includ e on ly generali zed st atem ents a bo ut prohibiti ng uses
that will cause glare to a pilot’s visibility or create electrom agnetic interference. O f the cities
researched , on ly the C ou ncil B luffs’ ordinance truly regulated sp ecific land uses.
M r. P e rry notified the Council that there was a grant p rogra m availa ble through the Iowa
D ep artm en t of Tran sp o rtation to ass ist cities in airp o rt plan n ing. Th e gran t, if rece ive d , w o u ld
pay for 85 % of the co sts of con sultants to d evelop protective re gu la tio ns. C ity M anager
S ch ain k er said it w as im p o rtan t fo r the C ity C o u n cil to first k n o w w h at its o p tio n s w ere to en su re
20
that the re gula tions are no t too res trictive or too weak.
C ou ncil M em ber Go od m an asked if the regulation s cou ld b e vague and just state, “...any use that
d o es n o t in terfere w ith the s afe o p eration of the A ir p o rt.” C o u n cil M em b er D av is cited h is
pre fe rence for a consulta nt to b e hire d who has the kn owledge and experie nc e needed.
M o v ed b y D av is, s eco n d ed b y M ah ayn i, to d irect staff to get estim ates at w h at it w o u ld co st to
hire a c onsultant to come up with protective r e gula tions and explore wha t matching grant funds
are available.
C o u n cil M em b er Larso n said that h e en v ision e d a c o n s u ltan t w o u ld p rod u ce a rep o rt, b u t it
w o u ld no t b e fo llo w e d becau s e it d id n ’t fit A m e s’ sm a ll airp o rt.
M r. Pe rry prov ide d the b ack gro u n d as to w h y this issu e w as b efo re th e C ity C o u n cil.
M otion withdra wn.
M ov ed b y D avis, second ed b y G oo dm an, to refer this item back to staff for further analysis.
C o u n cil M em b er G o o d m an said that h e w o u ld also lik e staff to get a b allpa rk figu re of w h at a
co n su ltan t w o u ld co st.
V o te on M o tio n : 6 -0 . M o t i o n d eclar e d car ried u n an im o u s ly.
DOW NTOW N S URVEY PRO JECT : D irecto r O sgu tho rpe p rov ide d the b ack gro u n d o n this
project. H e no ted that Ph ase 1 includ ed con du cting an h istorical survey of D ow ntow n b uildings,
and Phas e 2 was the prepara tion of a Na tional Regis te r no mi na t i on for Downtown.
D r. G loria B etcher told the C ou ncil that she is a sub con t ractor w orking w ith P ub lic H istorian
W ill Page o n this p rojec t. Sh e rev iew ed th e find ings o f the 1 9 9 2 In ten siv e S u rve y o f H istoric
Prop erties in the D ow ntow n as w ell as the research find ings to d ate.
M o v ed by M ah ayn i, seco n d ed by G o o d m an , to au tho rize C it y s ta ff to d irect the co n su ltan t to
p roc eed w ith prep aration o f a N ation al R egister no m ina tio n fo r D o w n tow n (P h ase 2 ).
V o te on M o tio n : 6 -0 . M o t i o n d eclar e d car ried u n an im o u s ly.
NEW W ATER TREATM ENT P LANT: W ater an d Po l l ution C on trol D irector Jo hn D un n rec all ed
tha t on M ay 1 1 , 20 1 0 , the C ity C o u n cil h ad decl a red its in ten t to fu n d the fina l site-sp ecific
d esign an d to acq u ire, b y co n d em n ation if n ece ssa ry, p rop erty fo r the co n struc tio n o f the C ity’s
new W ater Treatment Pla nt. Ove r the pas t s ix months , staff ha d identified property s uita ble for
loc ating the p rop o sed Plan t at 18 0 0 Ea st 1 3 Street; th at site is o w n ed b y th e fed eral go v ern m en t.th
S taff m et w ith fed eral go v ern m en t rep resen tativ es an d lea rne d th at th e p rop erty w as n o t ava ilab le
for ou tright pu rchase for cash, and a land ex chan ge w as the ex tent o f their au tho rization . Sev eral
m ean s o f acq u iring the land w ere ex p lored , i n c lu d in g p o ten tial co n d em n ation of third-p arty
prop erty for exchan ge and introd ucing legislation that wo uld al l ow authorizati on for direct
pu rchase. H ow ever, the b ills introd uced to C on gress were un success ful. Fo rtun ately, staff had
been able to negotiate a voluntary sale w ith the owner of a property that is bo th suita ble for the
federal gov ernm ent’s present need s and has a value close enou gh to the federal parcel’s app raised
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value to make a straight exchange of property fe a sible. Th e Ex c ha nge Agr e e men t would b e
contingent up on the City acqu i r ing the third-pa rty property and upon the USDA c omple ting
dem olition of selected structures on the p rop erty and prov iding a satisfactory env iron m ental
as ses sm en t fo llo w in g d e m o litio n .
M ov ed by M ahayni, second ed b y G oo dm an, to ad op t R ES O LU TIO N N O . 11 -56 0 to autho rize
the C ity to en ter into a Land E xch ange A greem ent with the U . S. A gricultural R esearch S ervice,
D ep artm en t of A gricu ltu re (U S D A ).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
M ov ed by M ahayni, second ed b y G oo dm an, to ad op t R ES O LU TIO N N O . 11 -56 1 to autho rize
the C ity to pu rchase Parcels 05 -25 -40 0-20 0 and 05 -25 -40 0-14 0 for a com bined pu rchase price
of $8 25,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
M o v ed b y M ah ayn i, seco n d ed by Goo dm an , to ad o p t R E S O LU T IO N N O . 11 -56 2 settin g J an u ary
24, 2012, as the date of pu blic hearing on dis posal of Parc e ls 05 -25-400-200 a nd 05-25-400-140,
pu rsuan t to a Land Ex chan ge A gree m e n t b etw een the C ity of A m es and the U nited S t ates
G o v ern m en t.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 11-563 setting January
24, 2012, as the date of public hearing on a loan agreement with the Iowa Finance Authority in
an amount not to exceed $11,425,000 to plan and design a new water treatment plant.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ADDING ROSE PRAIRIE SUBDIVISION TO WARD 2, PRECINCT 5: Moved
by Goodman, seconded by Davis, to pass on first reading an ordinance adding Rose Prairie
Subdivision to Ward 2, Precinct 5.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE TO ALLOW PARKING BETWEEN BUILDINGS AND STREETS ALONG
MAJOR THOROUGHFARES IN THE PLANNED INDUSTRIAL ZONE: Moved by
Goodman, seconded by Davis, to pass on second reading an ordinance making a zoning text
amendment to allow parking between buildings and streets along major thoroughfares in Planned
Industrial Zone
Roll Call Vote: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Mayor Campbell announced that on December 20, 2011, at 6:15 p.m.,
a reception honoring outgoing Council Member Mahayni’s years of service will be held prior to
the Council meeting.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 10:57 p.m.
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_____________________________________________________________________
Diane Voss, City Clerk Ann H. Campbell, Mayor