HomeMy WebLinkAbout~Master - Special Joint Meeting of the Ames City Council, Gilbert City Council, Boone County Supervisors, and Story County Supervisors 12/14/2004MINUTES OF THE SPECIAL JOINT MEETING OF THE
AMES CITY COUNCIL, GILBERT CITY COUNCIL,
BOONE COUNTY SUPERVISORS, AND STORY COUNTY SUPERVISORS
AND OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 14, 2004
The Ames City Council, Gilbert City Council, Boone County Supervisors, and Story County Supervisors met
in special joint session at 6:00 p.m. on the 14th day of December, 2004, in the Ames City Council Chambers
in City Hall, 515 Clark Avenue, pursuant to law with Ames Mayor Ted Tedesco presiding and the following
Ames Council members present: Cross, Goodhue, Goodman, Mahayni, and Vegge. Council Member Wirth
arrived at 6:35 p.m. Andrew Tugan, ex officio member, was absent. Present from the Gilbert City Council
were Mayor Wannemuehler and Council Members Allen, Gallahan, Henn, and Jaquis. Boone County
Supervisors Reed, Sorensen, and O’Brien and Story County Supervisors Clinton, Halliburton, and Toms were
in attendance.
Mayor Tedesco advised that this joint meeting was being convened to discuss the status and next steps of the
Ames Urban Fringe Plan. Ames Planner Jeff Benson explained that public input had been sought by all
jurisdictions. In addition, a public hearing was held during the Ames Planning and Zoning Commission
meeting in September 2004. Mr. Benson advised that approximately 35 written comments were received and
six people came to the Ames public hearing. Most of the comments came from people living in the urban
fringe area. In summary, some people felt less growth was need; some believed that Ames should grow only
within its existing boundaries; some wanted to see more places for residential use, some wanted less; some
wanted low-impact development; others did not want industrial uses near rural subdivisions; and some
wanted urban services and improvements; some generally supported the draft Plan, but others felt no one
would follow the Plan.
Boone County Planning and Development Director Luke Nelson advised that he had received two letters and
some informal comments. He said that basically the people living in the urban fringe do not want additional
growth, but the people who own property in the urban fringe want development.
Leeann Harter, Story County Planning and Zoning Director, stated that they had held a public input session
last fall. Ms. Harter advised that notices indicating the draft Plan was available for perusal were sent to
approximately 3,000 addresses. She said that a number of people expressed concerns about a residential
designation on Sand Hill Trail, and staff will look more closely at that.
Mayor Wannamuehler stated that the City of Gilbert had held a public hearing on the Plan; they are ready
to move on. Story County Supervisor Toms advised that Story County is ready to move forward towards the
adoption of this Plan.
Boone County Supervisor O’Brien explained that his entity sees real benefit in adopting this Plan, but the
Plan needs to get more specific in some areas. He said Boone County is beginning a process to update its
Comprehensive Plan and wanted to have the opportunity to incorporate appropriate elements from it into the
Ames Urban Fringe Plan. Mr. O’Brien advised that Boone is in a situation where development in the Boone
County portion of the fringe area may conflict with what Ames believes should develop in that area. Mr.
Nelson explained that they are going through the RFP process for consultants; a consultant should be chosen
by February 2005, and it would take approximately a year from then to finalize their Comprehensive Plan.
Ames City Manager Steve Schainker reviewed the time frame for adoption of the Plan from the City of
Ames’ perspective; their anticipated completion date is August 2005. Mayor Tedesco stated that it is
important that all entitles move forward together in concert. Ms. Harter said that they planned to take the
Plan back to their Planning and Zoning Commission in February, with final adoption in March. Work on the
Intergovernmental Agreements would commence after March. She pointed out that Story County and Ames’
schedules seemed to run parallel with each other.
Story County Supervisor Halliburton felt that the Boards of Health of both Boone and Story Counties needed
to be included, especially since they oversee septic systems.
Story County Supervisor Toms pointed out that the next joint meeting might need to be pushed back from
February to March. Each entity would need time to review revisions prior to meeting again as a group.
Boone Supervisor O’Brien said his entity did not have a problem with the other entities moving ahead;
however, they wanted to participate as much as possible, and there may be some issues to be worked out
along the way if they conflict with their Comprehensive Plan.
Regarding the next steps, it was agreed by all four entities that the round-table discussions should continue
as outlined in Ames’ proposed schedule; however, the joint meeting (anticipated to occur in February) should
be moved to March. Ames, Story County, and Gilbert will continue to move forward to adopt the Plan and
work on implementation measures. Once Boone County has completed its Comprehensive Plan update, the
four entities will work together to modify the Plan and its implementation measures to include Boone County.
Moved by Goodman, seconded by Mahayni, to accept the Plan of Action, as amended above.
Vote on Motion: 4-0. Motion declared carried.
Moved by Cross, seconded by Mahayni, to include discussions, at their joint meeting in March, towards
Ames and Boone County implementing interim procedures for reviewing and acting on development
proposals within the portion of the two-mile fringe area that is within Boone County to reduce complications,
confusion, and conflicting decisions (such as shared staff review, joint public meetings, or other appropriate
measures).
Vote on Motion: 4-0. Motion declared carried.
Council Member Wirth arrived at 6:35 p.m.
Ames Mayor Tedesco suggested that Story and Boone Counties meet with their County Health Departments
to discuss pertinent issues.
ADJOURNMENT: 6:38 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Ames City Council met in regular session at 6:46 p.m. on the 14th day of December, 2004, in the City
Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Tedesco presiding and the
following Council members present: Cross, Goodhue, Goodman, Mahayni, Vegge, and Wirth. Andrew
Tugan, ex officio member, was absent.
CONSENT AGENDA: Mayor Tedesco announced that the Outdoor Service Area request, under Item 4f,
for Minsky’s Pizza and Lounge had been pulled from the Agenda.
Moved by Cross, seconded by Goodhue, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of November 23, 2004
3. Motion approving certification of civil service applicants
4. Motion approving renewal of the following beer permits and liquor licenses:
a. Class C Liquor - Aunt Maude's, 543-547 Main Street
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b. Class C Liquor and Outdoor Service Area - The Café, 2616 Northridge Parkway
c. Class C Beer - Casey's General Store, 428 Lincoln Way
d. Class C Beer - Chars, 3100 S. Duff Avenue
e. Class C Beer - Kwik Shop, 125 6th Street
f. Class C Liquor - Minsky's Pizza and Lounge, 3605 Lincoln Way
g. Class C Liquor and Outdoor Service Area - O'Malley & McGee's Mexican Café, 716 S. Duff
Avenue
h. Class B Beer - Pizza Pit, 207½ Welch Avenue
5. Motion approving encroachment permit agreement for new awnings at 233 Main Street
6. RESOLUTION NO. 04-520 approving appointment of Evie Myers to fill vacancy on Human Relations
Commission - Hearing Officer
7. RESOLUTION NO. 04-521 approving contract and bond for Combustion Turbine Generator, Contract
No. 13 – Exhaust System
8. RESOLUTION NO. 04-522 approving Change Order No. 1 for the 2004/05 Water System
Improvements Program (Water Main Replacement) – Contract No. 2
9. RESOLUTION NO. 04-523 accepting completion of Ball Plastics Ductline Project
10. RESOLUTION NO. 04-524 accepting completion of 6th Street Reconstruction and Streetscape
Improvements (Grand Avenue to Duff Avenue) and 2002/03 CyRide Route Reconstruction Program
11. RESOLUTION NO. 04-525 accepting completion of 2003/04 Asphalt Resurfacing Program, 2003/04
Seal Coat Removal/Asphalt Reconstruction Program, and 2003/04 Park Road/Parking Lot
Improvements
12. RESOLUTION NO. 04-526 accepting completion of 2004/05 CyRide Route Reconstruction Program
(Ontario Street – Idaho Avenue to North Dakota Avenue)
13. RESOLUTION NO. 04-527 accepting completion of Ada Hayden Heritage Park Restroom Building
14. RESOLUTION NO. 04-528 accepting completion of Ada Hayden Heritage Park Site Seeding
15. RESOLUTION NO. 04-529 accepting completion of Rehabilitation of Runway 1/19 at Ames
Municipal Airport
16. RESOLUTION NO. 04-530 accepting partial completion of public improvements and lessening
security for Northridge Heights Subdivision, 6th Addition
17. RESOLUTION NO. 04-531accepting partial completion of public improvements and lessening
security for Taylor Glenn Subdivision, 1st Addition
18. RESOLUTION NO. 04-532 accepting partial completion of public improvements and lessening
security for Suncrest Subdivision, 3rd Addition
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
PUBLIC FORUM: Bernie Gerstein, 1003 Jarrett Circle, Ames, pointed out that Ames is a very good
place to live, and he complimented the City Council and City staff for helping make it that way. He
said that he refereed proposals for the National Science Foundation and the Department of
Energy and NIH that are $5 million each, and he always asked to know the past performance
records of those making the proposals. He wanted to look at the past performance of the City
Council (excluding new members), particularly the decision made by them pertaining to
VisionAire, which ultimately did not locate in Ames. Mr. Gerstein alleged that two people
walked away with $425,000. He also alleged that the Mayor was flagged by two different people
about the program and those who tried to get money out of the City. Mr. Gerstein said that a
single-engine jet won’t fly because it has to land at 220 mph; single engines cannot do that.
Also, the people trying to sell that product should have been treated with a great deal of caution.
He said that VisionAire did not meet any of its obligations and did not repay the City. Mr.
Gerstein asked how much Bucky Wolford wanted from the City. The citizens of Ames need
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proof that Mr. Wolford would meet his obligations to pay for the infrastructure; such a provision
must go into any agreement entered into by the City. According to Mr. Gerstein, a citizens group
in Kallispel, Montana, is opposing Wolford Development via two lawsuits against that City.
Doug McCay, 5500 - 240th Street, Ames, said he wanted to offer a suggestion to help prevent public
relations problems in the future at a very minimal cost. He pointed out that when the City limits are
proposed to be expanded, people who own property near that expansion are notified of the intention
of the applicant to bring additional land into the City limits. However, those who own land just over
two miles away from the City limits are not notified of the proposed annexation. Mr. McCay
suggested that the City enact a policy to notify people who own land outside the two-mile fringe area
whenever land is proposed for annexation that would bring that land into the two-mile fringe.
Sue Ravenscroft, 455 Westwood, Ames, asked that the City Council add another item, i.e., completion
of a new market study, to the list of items to be included in any agreement entered into with Wolford
Development. Ms. Ravenscroft presented information to the Mayor and City Council regarding
“Projected Sales per Strategic Edge,” estimated sales using the Wolford planned square footage,
estimated sales using Wolford’s original plans - “Median Sales for Midwest Regional Malls,” the
“Average Sales for Regional Midwest Malls Dropping Sears,” and figures on how large the
Mall/Lifestyle Center would need to be to generate the amount of estimated sales Wolford
Development stated will occur.
Michael K. Peterson, 3302 Morningside Street, Ames, commended those who made the
recommendation for a 600' buffer between Ketelsen Marsh and any proposed development. He
recommended that, in the future, when overlays are created, the City Council consider leaving natural
green areas undisturbed; in particular, he referred to a small wooded lot in the southeast quadrant at
E. 13th Street and Interstate 35.
Gerald Johnson, 21973 - 570th Street, Ames, referenced articles in the St. Louis Post Dispatch
(newspaper) pertaining to malls currently closing because they were not making enough money. He
spoke particularly about the River Roads Mall in St Louis, Missouri, being torn down and turned into
housing.
Mary Wandling, 1914 Stevenson Drive, Ames, stated that she was disappointed that she had to stand
before this Council again to discuss the mall issue. She said that she was disillusioned that our own
system had allowed a few people to push an agenda on the people of Ames without regard to clear-cut
financial facts, expert advice, and just basic commonsense. In Ms. Wandling’s opinion, parents of
teenagers in Ames will not drive an hour (15 minutes each way/two round trips) so that their child can
go to a movie in an open-air life style center on a major interstate highway. She said that parents will
not risk the safety of their child. Ms. Wandling pointed out that North Grand Mall is 362,000 square
feet, has three major anchors, 48 specialty stores, nine eateries and a safe five-screen movie theater
“in town.” She asked why the City is still wasting time, money, and land on what is nothing more than
a “smoke and mirrors” operation.
David Metzler,1205 Michigan Avenue, Ames, complimented the City Council for all the time they put
into working for the good of Ames. He said that he cannot understand why, in light of all the factual
information that has emerged, the City Council doesn’t postpone the discussion on the mall issue until
all options for development are explored. He asked the Council members to think ahead to how Ames
can be made a really great city.
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Joe Lynch, 3700 Onion Creek Lane, Ames, spoke as Chairperson of the Ames Smart Growth Group.
He reminded the Mayor and City Council that, even though some Smart Growth members participated
in the Overlay process, Ames Smart Growth does not support the development of commercial
properties east of Interstate 35. He said that the Smart Growth Group believed Mr. Wolford’s proposal
should be put on hold due to the changing character of retail markets, Jordan Creek Mall and its
implications, and renewed interest in Ames’ downtown.
Lynn Franco,1322 Barclay Court, Ames, said that she is still concerned that the land at E. 13th and
Interstate 35 should be left for a larger industry. Ms. Franco said she thought perhaps the new life style
center should be put where it was originally intended.
No one else wished to speak, and the Mayor closed Public Forum.
Mayor Tedesco advised that a request had been received from Eller Enterprises, Inc., to table Item No. 24,
which pertained to the request to amend the Land Use Policy Plan for property located at the northwest
corner of North Dakota Avenue and Lincoln Way, until January 11, 2005, in order to provide more
information to the Mayor and City Council. Mayor Tedesco advised that this item would be discussed
next.
REQUEST FOR LAND USE POLICY PLAN AMENDMENT FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF NORTH DAKOTA AVENUE AND LINCOLN WAY:
Moved by Goodhue, seconded by Vegge, to table this item until January 11, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON NORTHEAST GATEWAY OVERLAY DISTRICT (O-GNE): Planning and
Housing Director Matt Flynn explained that the Land Use Policy Plan (LUPP) and the Zoning
Ordinance supported enhancement of entries to the community, and it was important, no matter what
developed, that good design standards be created. He stated that the design standards to be discussed
this evening do not reference a mall or a life style center; it is important that the standards be set for
any development in this important entryway to Ames. Mr. Flynn pointed out that, at their meeting on
November 23, 2004, the City Council directed staff to further study and modify language in the
proposed design standards ordinance. Mr. Flynn reviewed specifically the revised language pertaining
to a “Community Welcome Center,” the protection of Ketelsen Marsh, providing for alternative storm
water management measures, lighting concerns, and energy efficiency.
Council Member Mahayni said that it was his understanding that certain anchor stores required certain
lighting requirements for liability purposes. He asked if the requirements being proposed meet that
standard. Mr. Flynn said that they found a variety of information about the level of illumination of
parking lots in a foot candle calculation; the minimum was two, but the preference seemed to be
increasing to the point where many developments are using four or five-foot candles.
The Mayor opened the public hearing.
Terry Lewis, 2216 North Dakota, Ames, spoke as the Coordinator of the Onion Creek Neighborhood
Association (all properties on North Dakota from the tracks north to Cameron School Road). He
pointed out that the original marketing study was designed around a 740,000 gross-square-foot mall
and a 470,000 gross-square-foot power center; however, now it is being recommended that a regional
mall not be built, but a lifestyle center of 450,000 gross square feet will take its place. Mr. Lewis
urged the City Council to vote no on the passage of the Northeast Gateway Overlay District and no
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to rezoning. He would like the City Council wait to see if a better offer comes along as he felt Ames
could do much better than what was being presented by Wolford Development. Mr. Lewis stated that
the owners of North Grand Mall are willing to invest in adding 300,000-plus square feet to the existing
mall; he felt that had a higher possibility of success.
Gerald Johnson, 21973-570th Street, Ames, spoke about lighting levels. He advised that he formerly
designed lighting for cities and shared some experiences he had in other communities. Mr. Johnson
said that typical foot candle numbers for a work area are about 100-foot candles. Pertaining to the
fence requirement, he pointed out that chain-link fences would not be allowed. He questioned that;
that type of fence is a very good barrier for flying trash, is sturdy, and looks better than snow fence.
Mr. Johnson would like to see a segmented chain link fence installed so that there are gaps for animals
to pass through. He expressed his appreciation, in general, of the wording for protecting the Marsh
against drainage and trash; he asked that it not be weakened. Also, Mr. Johnson pointed out that the
water table needed to be maintained to maintain the Marsh.
Catherine Scott, 1510 Roosevelt, Ames, commented about the lighting and energy-efficiency
standards. She was disappointed that there was no consideration of low-pressure sodium lighting, a
type of lighting commonly used in areas where there are observatories. Ms. Scott said she was also
disappointed that the lumens/acre cap came in at 150,000. She advised that Flagstaff, Arizona, has
100,000 as their most-generous cap. Ms. Scott showed pictures of a lifestyle center in Peoria, Illinois,
showing how large an area would be lit. Mayor Tedesco presented a picture of Shoppes at Grand
Prairie in Peoria, Illinois. Ms. Scott also showed a map of the Commercial Energy Codes adopted by
different states as of November 2004, stating that Montana had already adopted the IECC 2003
Standard and the American Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE) 2001 Standard. According to Ms. Scott, the state of Iowa allows local governments to
adopt standards that are more stringent than the state’s standards.
Holly Fuchs, 806 Brookridge Avenue, Ames, advised that she had questions pertaining to the proposed
ordinance. She read the questions, a copy of which had been provided to Matt Flynn. Her questions
dealt with Ketelsen Marsh, standards for signage and lighting, and standards for building design
pertaining to energy conservation. Ms. Fuchs recommended replacing 150,000 lumens with 100,000
lumens, which would be the same as the standard in Flagstaff, Arizona.
David Oesper, 1208 Wilson Avenue, Ames, talked extensively about lighting intensity standards,
which he felt should be applied to the entire community, not just the Northeast Gateway area. Because
the Northeast Gateway Area is likely to be a large-scale development and closer to the McFarland Park
Observatory, lighting intensity standards should be applied there first. Although he felt that 150,000
lumens/acre was not unreasonable, he felt that 100,000 lumens/acre would easily accommodate the
development at the Northeast Gateway area. Mr. Oesper described minimum, maximum, and average
standards, and white light. He pointed out that too much light costs money, wastes energy, creates
glare, makes neighboring areas look too dark, and pollutes the night sky. Mr. Oesper explained that
the right amount of light facilitates good vision, safety, and security in a way that is aesthetically
pleasing and complements nature instead of bludgeoning it.
Joe Rippetoe, 419 Pearson Avenue, Ames, explained that the Overlay design standards addressed
Wolford Development’s original proposal; the proposal had changed from an enclosed mall to an
open-air mall. The most glaring omission is the issue of safety and security. He advised that it had
been stated that I-35 is a critical north/south transportation avenue for drug traffickers and Iowa had
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seen an explosion of methamphetamine because of Iowa’s central location and an interstate highway
system that is the crossroads of the United States, but there had been no serious effort to obtain any
expert testimony regarding the safety and security of this site. Mr. Rippetoe felt that the safety and
security issues of an enclosed mall are different than those of an open-air mall. He believed that an
open-air mall would provide for a stopping point for unsavory characters and asked if Mr. Wolford
was proposing to pay for the extra security or if the City Council was committed to the higher level
of police patrol that would be required. Mr. Rippetoe pointed out that this issue was not included in
the instructions given to the City Manager to negotiate a developer’s agreement. He urged the City
Council to table the Overlay ordinance and involve our local law enforcement.
Gerald Johnson again spoke on light sources. He advised that there is a color-improved high-pressure
sodium vapor lamp that has good color quality, but is expensive and tends to have a short life. Mr.
Johnson suggested that this type of lamp be included as a possibility.
Jim Popken, 920 Clark Avenue, Ames, spoke briefly on energy-efficiency standards. He felt that the
federal standards were clear, and it would be reasonable to incorporate them (the IECC 2003 and
ASHRAE 1999 Standards) into any ordinance. Pertaining to the lighting language, the exception in
the language only makes it more confusing; change the number instead of including an exception.
Jeri Neal, 916 Ridgewood, Ames, addressed the lack of energy standards in the design standards. She
felt that energy efficiency is where the world is going, and Ames needed to be part of that movement.
Ms. Neal invited the Mayor and City Council to a lecture by Hunter Levens to be held on March 9,
2005, at 2:30 p.m. in the Memorial Union. The lecture will concentrate on the trade-offs, costs, and
benefits of energy efficiency. Ms. Neal believed that Wolford Development can and should be a part
of the discussion on energy efficiency. She advised that studies have actually shown that there is
higher labor productivity (6 to 16%) if you have energy-efficient buildings. Ms. Neal gave a local
example: a bed-and-breakfast building was designed with geothermal heat, and their heating bills are
running maybe $15/month.
Jamey Flegal, Wolford Development, 1200 Mountain Creek Road, Chattanooga, Tennessee, stated that
when the workshop was held on November 23, language pertaining to signs read a certain way,
however, in the ordinance being proposed at this meeting, that language reads a different way. He said
that it formerly read, “...any ground-mounted sign on outlots shall be monument style not exceeding
12 feet in height...” Section 18c of the ordinance presented tonight states, “...any ground-mounted sign
shall be monument style not exceeding 12 feet in height...” – there is no reference to outlots. Mr.
Flegal said the issue is that the new language prevents there from being a multi-tenant single sign
serving each side of 13th Street. He said that that was important and does need to be part of the
Wolford project.
Mr. Flegal advised that he did have a copy of the market study with him, and he would be willing to
talk about some of the issues that were raised earlier this evening.
Mayor Tedesco asked City Attorney John Klaus to clarify the sign issue. Mr. Klaus addressed the
standards for ground-mounted signs. Under the City’s current sign regulations, the height of a ground-
mounted sign is limited to 50 feet except if it is within 1,500 feet of the Interstate; it can then be up
to 100 feet in height. He also addressed monument-style signs placed on outlots. (Outlots are
unbuildable tracts of land.) If there is no outlot, there is no sign regulation. The words, “on an outlot,”
were deleted after he met with the Planning staff because it limited the applicability of the regulation.
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If the City Council wanted to allow signs that are more than 12 feet in height, they needed to give that
direction and staff would redraft the ordinance.
Mr. Flegal asked for the definition of “primary” as used in 16a on Page 7 of the proposed ordinance
where it states, “...that the primary components will be brick and stone on the front facades of
buildings throughout the development...” Mr. Flegal advised that Wolford Development would agree
to use brick and stone on the buildings that they own (the non-department-store buildings); however,
they could not impose that requirement on the businesses that own their own stores. Planner Ray
Anderson advised that “primary” means that there would be more brick and stone than any other type
of material used on the front facades. Glass would not be counted as a material. Mayor Tedesco
believed that the main objective is to get something that is attractive for the community and passersby.
Council Member Mahayni said that implicit in the process was a natural theme. Mr. Flegal advised
that department stores carry their prototype buildings across the country in every location; it’s defined.
He pointed out that in the pictures provided, there is definitely a theme, but they are able to accomplish
it with multiple types of materials on the buildings.
Council Member Cross asked if EIFS or stucco or other materials are more energy-efficient than brick
and stone. Mr. Flegal said that he was unsure, but could report back to the Council on that issue. Mr.
Flegal stated that the ASHRAE standards would be used to design the buildings. It is his
understanding that the enforcement officer of those standards is the fire marshal; however, in the Ames
community, they don’t get enforced even though they have been adopted here. It is really a voluntary
measure in Ames. Mr. Flegal explained that when their consultants design the buildings, they design
them with the software from the ASHRAE standards. He said that he had an engineer do a
hypothetical building for this community to determine if it were a pass or a fail, and their report was
based on using the ASHRAE 90.1-2001 Standards. Council Member Wirth asked Mr. Flegal if he was
suggesting that they would use those Standards, even though they are not in the ordinance. He stated
that those are the standards that consultants within the industry use to help design the buildings. Mr.
Even though Ames has adopted ASHRAE Standards, Mr. Flegal said he is not sure that they are being
enforced; things are voluntary. Council Member Goodman asked if he would be opposed to the City
of Ames adding verbiage that specified those in the Overlay ordinance. Mr. Flegal reiterated that those
would be the Standards that they would be designing to; he would not be opposed to that.
Regarding lighting standards, Council Member Goodman asked Mr. Flegal about using 100,000
lumens/acre versus 150,000 lumens/acre. Mr. Flegal said he had a real issue with that, as there is a
difference between a lumen and a good lumen. The difference is the burn-in period; after that period,
the bulb only has 80% of its value. In addition to that, a fixture has an efficiency to it. The efficiency
for the types of fixtures used in the industry is .72, so that same 100,000 lumens/acre gives you a lot
less light. Also, the industry standard requires more than that in parking lots and entrances as do most
department stores. Mr. Flegal said that that was why they were in favor of the foot candles; it is an
easily measured number.
Mayor Tedesco pointed out that if staff revised the subject ordinance, it would not be on another
Agenda until January 11. He asked Mr. Flegal if that would present any problems for them. Mr.
Flegal said that it was not in anyone’s best interest to not approve or deny this ordinance tonight, but
they felt that it was more important to be up front and state that they do have issues about certain
things than to pass the ordinance and then have to come back in the future and advise that they could
not abide by it.
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Mr. Flegal also requested clarification of the fence requirement [Page 7, 14h] where it stated,
“...incorporate a high-quality fence design throughout the site. Chain-link fencing is prohibited...”.
Mr. Flegal said he thought the intent was, if a fence was required to screen, it would be a high-quality
fence (not chain-link). Ray Anderson explained that fencing is not required all around the
development; however, wherever a fence is used, it needs to be a high-quality fence. Council Member
Mahayni recommended that the words, “wherever necessary,” be added to the language.
Pertaining to reserving a prominent site for a community welcome center, Mr. Flegal asked for
clarification whether a kiosk would need to be constructed or an outlot reserved for the community
to come in and construct a building. Council Member Vegge, who initially made this
recommendation, said he could not tell him exactly what it would be; it would not be built by the
developer, however, space would need to be available for a welcome center. Council Member
Goodhue expected that the City and the developer would work with the Ames Convention and
Visitors’ Bureau on this issue. Mr. Flegal advised that they had already met with the Downtown
merchants and discussed the developer giving them a location within the facility to promote the Ames
Cultural District.
Mr. Flegal explained that he found it interesting that the state of Iowa had actually adopted ASHRAE
standards as had the City of Ames; they’re just not enforced. However, they would be designing the
buildings to ASHRAE standards, and they would not have objections to that being included in the
ordinance.
Mayor Tedesco again presented pictures of lifestyle centers in Peoria, Illinois, and Omaha, Nebraska.
He gave web site addresses to view examples of life style centers: shive-hattery.com, eomaha.com,
and reddevelopment.com.
Holly Fuchs stated that the developer previously stated that the proposed mall would only be one story,
however, in the pictures shown tonight, one mall had four stories. Mr. Flegal advised that the
proposed life style center would be only one story.
Mayor Tedesco closed the public hearing.
Pertaining to primary components, Council Member Wirth stated that she believed the City Council
needed to work on the language to describe what it means by “attractive” buildings. The pictures
shown tonight depicted very attractive buildings; however, she did not believe they would be allowed
if the standards, as presented tonight, were adopted. Ms. Wirth said that wording needed to be revised.
Also, pertaining to fencing, Ms. Wirth felt that, even though a chain-link fence was not very attractive,
it was important to have a buffer that prohibits trash from getting into Ketelsen Marsh.
Steve Lekwa, Director of Story County Conservation, said he personally did not have any problems
with chain-link fencing; the aesthetics of it was the primary reason. He said that fencing would be
more important early in the development of a buffer than after the buffer is well-established. Mr.
Lekwa advised that he felt the buffer created by the vegetation, after established, would do a credible
job of capturing trash. There are other fencing materials, e.g., wood, which would be more temporary
and possibly more aesthetically pleasing.
Council Member Wirth asked about the water table issue and if that was an area that was discussed.
Mr. Lekwa advised that the small working group has focused on that and felt that the comments on
hydrology in the “Ketelsen section” of the ordinance do adequately address testing to determine
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hydrology; the wording had been strengthened considerably. Mitigations are required by the proposed
overlay ordinance; those mitigations will be defined before a Master Plan is approved.
Mr. Lekwa pointed out that the words, “Wolford,” or “mall,” never appear in the subject ordinance;
the requirements of said ordinance will still apply to whatever develops at this site.
Director Matt Flynn asked for clarification from the City Council on building materials [Page 7, 16a].
He felt that the Steering Committee wanted lots of brick and stone. One possibility would be to
eliminate the word “primary,” and state that the building elements will be a combination of certain
materials. Council Member Mahayni suggested that 16a be deleted and 16b include language about
building materials. Pertaining to 16(a), Council Member Goodhue recommended that it read,
“...Building components will include brick and stone...”.
Mayor Tedesco pointed out that16b also stated that “...Parapets shall be used to conceal flat roofs and
mechanical equipment...”. He asked if those also had to be brick or stone. Mr. Flynn advised that the
parapet would be considered part of the building elevation and would be used as part of the
calculations.
Moved by Goodhue, seconded by Mahayni, to refer the ordinance back to staff to address the
following items: 14h, 16a, and18, pertaining to signs; to consult with the developer to inject some
language on energy-conservation standards that the developer could accept; and to bring the revised
ordinance back to the City Council on January 11, 2005.
Upon being questioned about the height to be allowed for ground-mounted signs, Council Member
Goodhue said he purposely did not mention 35 feet; he would defer to staff to set that height limitation.
Council Member Cross asked how the vote would be impacted on January 11, 2005, if staff brings
back an ordinance including items that the Council had not discussed in detail. Mayor Tedesco
explained that a Notice of Hearing would need to be published again, but it would not have to be
presented again to the Planning and Zoning Commission. Council Member Mahayni asked if staff
could have the ordinance ready for the Council’s review on December 21.
Council Member Cross asked if Item 18i, pertaining to lighting fixtures, was too restrictive. He asked
whether that was a recommendation from the Steering Committee. Ray Anderson said that it came
out of a lighting ordinance and was not a recommendation of the Steering Committee. Gerald Johnson
advised that it was very restrictive and not energy-efficient.
Moved by Cross, moved by Wirth, to amend the motion to include the deletion of Item 18i and direct
the staff to provide recommended changes to the draft ordinance at the Council’s meeting of December
21, 2004.
Vote on Amendment: 6-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Mahayni, to further amend the motion to include a maximum pylon sign
height of 35 feet with a maximum number of two.
Vote on Amendment: 5-1. Voting aye: Cross, Goodhue, Goodman, Mahayni, Wirth. Voting nay:
Vegge. Motion declared carried.
Vote on Motion, as amended: 5-1. Voting aye: Cross, Goodhue, Mahayni, Vegge, Wirth. Voting nay:
Goodman. Motion declared carried.
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Council Member Wirth advised that she was agreeable to changing the standards for building design
because there were other ways to make an attractive building, other than by using only brick and stone.
Council Member Mahayni agreed, stating that it is how you combine the components to make an
attractive design.
HEARING ON VOLUNTARY ANNEXATION OF PROPERTY LOCATED AT 2412 WOODVIEW
DRIVE: The hearing was opened by the Mayor. No one wished to speak, and the hearing was
closed.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 04-533 approving the voluntary
annexation of property located at 2412 Woodview Drive.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
HEARING ON COMBUSTION TURBINE GENERATOR - CONTRACT NO. 8, FUEL OIL
FORWARDING EQUIPMENT: Mayor Tedesco opened the public hearing. There being no one wishing
to speak, the Mayor closed the hearing.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 04-534 approving final
plans and specifications and awarding a contract to Glauber Equipment Co., of Lancaster, New York,
in the amount of $57,100.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
HEARING ON 2004/05 SIDEWALK SAFETY PROGRAM: The public hearing was opened by the
Mayor and closed after no one wished to speak.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 04-535 approving final plans
and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of
$59,012.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
HEARING ON ZONING ORDINANCE TEXT AMENDMENT TO ESTABLISH A PROCESS FOR
THE ZONING BOARD TO GRANT MINOR EXCEPTIONS TO ZONING ORDINANCE: The
Mayor opened the hearing. No one requested to speak, and the hearing was closed.
Moved by Goodhue, seconded by Mahayni, to pass on first reading a text amendment to establish a
process to allow the Zoning Board of Adjustment to grant minor exceptions to the Zoning Ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
REVOLVING LOAN FUND AGREEMENT WITH MICOY CORPORATION: Joe Stevens, CEO
of McCoy Corporation, 10841 Justin Drive, Des Moines, Iowa 50322, was present to answer questions
pertaining to the original request to modify their loan agreement. It was pointed out that Micoy had
agreed to make the loan current through the October 15, 2004, scheduled payment and make a balloon
payment of $12,959.87 on the remaining balance of the loan on its currently scheduled maturity date
of August 15, 2005. Mr. Stevens described their business and explained why they needed to make this
request.
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Moved by Wirth, seconded by Vegge, to adopt RESOLUTION NO. 04-538 amending the Revolving
Loan Fund Agreement with Micoy Corporation.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS FOR PROPERTY LOCATED AT
3244 CAMERON SCHOOL ROAD: Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION
NO. 04-536 approving the request for a waiver of subdivision regulations for property located at 3244
Cameron School Road and to adopt RESOLUTION NO. 04-537 approving the Covenant for
Assessment of Costs of Improvements and Covenant Pertaining to Water Service, both subject to
mortgage subordination.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
ORDINANCE ADDING ALLAN DRIVE (FROM FIFTH STREET TO NORTHWESTERN
AVENUE) TO THE SNOW ROUTE LIST: Moved by Goodman, seconded by Wirth, to pass on first
reading an ordinance adding Allan Drive (from Fifth Street to Northwestern Avenue) to the snow route
list.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to pass on second and third readings and adopt ORDINANCE
NO. 3812 adding Allan Drive (from Fifth Street to Northwestern Avenue) to the snow route list.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these minutes.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON KENT AVENUE, YORKSHIRE
CIRCLE, AND YORKSHIRE STREET: Moved by Goodhue, seconded by Cross, to pass on first
reading an ordinance establishing parking regulations on Kent Avenue, Yorkshire Circle, and
Yorkshire Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON PRESTON CIRCLE AND
WESTON DRIVE: Moved by Goodhue, seconded by Mahayni, to pass on second reading an ordinance
establishing parking regulations on Preston Circle and Weston Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE ESTABLISHING PARKING REGULATIONS ON CRESTMOOR AVENUE AND
LAUREL STREET: Moved by Goodhue, seconded by Wirth, to pass on second reading an ordinance
establishing parking regulations on Crestmoor Avenue and Laurel Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Vegge, seconded by Goodman, to refer to staff the suggestion made by Doug
McCay regarding notification procedures when land is proposed for annexation, i.e., the City will notify
land owners who will be within the two-mile limit of the proposed new city limits when land is annexed.
Vote on Motion: 6-0. Motion declared carried unanimously.
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Council Member Vegge commented that he appreciated constructive comments pertaining to the design
standards ordinance. He said that on July 27, 2004, the City Council agreed, by vote, to proceed with
a Commercial Regional Center at E. 13th Street and I-35, and he is now putting his efforts towards how
to make that area look like it’s supposed to look for Ames. Mr. Vegge pointed out that there are a lot
of people who are still using the ordinance procedures to kill it; he does not think that is fair. He thinks
the City Council is trying to make an attractive area for an entrance to the City of Ames, and that is the
way he will proceed.
ADJOURNMENT: 9:44 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
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