MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL

AMES, IOWA APRIL 17, 2018

The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00
p.m. on the 17

th

day of April, 2018, in the City Council Chambers in City Hall, 515 Clark Avenue.

Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, David
Martin, and Chris Nelson were present. Ex officio Member Rob Bingham was also in attendance.

2018 AMES ANNUAL OUTDOOR SCULPTURE EXHIBITION SELECTIONS: Moved by
Beatty-Hansen, seconded by Gartin, to adopt RESOLUTION NO. 18-202 approving 2018 Ames
Annual Outdoor Sculpture Exhibition selections.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.

AWARD CONTRACT TO BRIMHALL INDUSTRIAL, INC., MONTE VISTA, CO, FOR
UNIT 8 FEEDWATER PUMP INSPECTION AND REPAIR:
Moved by Corrieri, seconded by
Gartin, to adopt RESOLUTION NO. 18-203 awarding a contract to Brimhall Industrial, Inc., Monte
Vista, CO, for Unit 8 Feedwater Pump Inspection and Repair in the amount of $61,590 plus
applicable sales taxes to be paid directly by the City of Ames to the state of Iowa.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.

ORDINANCE VACATION OF APPLE PLACE AND PEACH LANE RIGHTS-OF-WAY:
Moved by Betcher, seconded by Beatty-Hansen, to pass on second reading an Ordinance to vacate
Apple Place and Peach Lane rights-of-way.
Roll Call Vote: 6-0. Motion declared carried unanimously.

POST-CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE: Municipal
Engineer Tracy Warner reminded Council about the Ordinance that was passed four year ago. Ames
is required to obtain a Municipal Separate Storm Sewer System (MS4 Permit). The Ordinance
requires that the site improvements be designed to control water quantity and to improve water
quality from the stormwater runoff of applicable development properties within the City. It also
encourages the use of low impact development to increase on-site infiltration, reduce pollutant loads
in receiving waterways, and reduce stormwater runoff volumes from developed areas. Ames has the
following Watersheds: South Skunk River, Squaw Creek, Onion Creek, Clear Creek, College Creek,
and Worle Creek. The City of Ames is a Phase II MS4 community; which is determined by
population, proximity to large, urbanized areas, and the water quality of receiving streams.

Municipal Engineer Warner informed Council about the response to the proposed development and
concern to protect the Ada Hayden Watershed. There was a lot of community discussions about low-
impact development and the look. Staff met with developers and engineers to work out conservation
plans on the parcels and ultimately came up with an Ordinance that was required in the undeveloped
portions of Ada Hayden Watershed north of Bloomington Road that could also be implemented all
over the City. This was adopted by City Council in 2010. The features were to protect the quality
of water. Staff recognized the need for Conservation Area Management Plans. This is to make sure

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the conservation areas are maintained and functional into the future.

Council Member Gartin conveyed some frustration that the restricted covenant did not reference the
efforts for conservation of the Watershed. There are some specific expectations the City has stated
to conserve the Ada Hayden Watershed. It is unrealistic to think a buyer is going to look for those
kinds of things, which makes this effort difficult to enforce. Mr. Gartin is very concerned about
protecting the Watershed. Ms. Warner responded that buffer locations were discussed along with
conservation easement areas, native landscaping, rock areas, mailings to get education out and
outreach to the lawn care companies. Council Member Gartin confirmed that there is water testing
every five years.

Ms. Warner stated the requirement of the MS4 Permit is the adoption of the Ordinance and
amendment, as needed, to enforce the reduction in stormwater runoff volumes on redevelopments
and new developments after construction has been completed. Water quality and quantity
components must be considered in the design of new construction and implemented when practical.
The use of storm water detention, retention, infiltration, and other Best Management Practices are
promoted. The City Hall Parking Lot project, and other new developments and redevelopments have
been achieved this goal through either detention basins or underground storage. Water quality
improvements have been achieved primarily through wet detention basins, soil quality restoration,
native landscaping, or underground mechanical units.

Municipal Engineer Warner noted that many workshops and public meetings were held to discuss
the historic landscape, development, and how the uncontrolled runoff it has a higher rate of flow than
if there was agriculture or prairie. Stream assessments were done in 2007 and updated in 2011 to
show the condition and erosion of all the streams in Ames. This let staff know the condition of the
streams to help when creating an Ordinance. Stormwater Quality points are native landscaping,
permeable paving, rain gardens, and soil quality restoration.

Ms. Warner stated that staff knew that water quality and quantity needed to be managed. The runoff
curb number 58 is used now considering a meadow in good condition to design back to. If an area
is paved now and then redeveloped, there is no flood reduction and improved water quality, so it
should go back to the meadow in good condition. A runoff curb number was incorporated as well
as adoption of the Stormwater Management Manual.

Council Member Nelson inquired about the runoff number of 58. Ms. Warner replied that any
category can be used. Ames is more in the prairie and wet marshy areas that mimic the more historic
landscape of Ames. Mr. Nelson wondered if one category is a good approximation for the whole
town of Ames. Ms. Warner responded that the curb number could be lower due to the land being
very wet and where people once were able to duck hunt.

Ms. Warner continued to report on localized flooding that occurred due to housing being adjacent
to water features. The concept of three foot above the 100-year water surface elevation to give the
houses some cushion to make sure the houses would not be impacted in the new housing

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developments. They also had the option to flood proof. Staff recommended not taking on the long-
term maintenance responsibility because the homeowners associations often don’t have the money
to do big pond maintenance. Council Member Gartin interjected that the Council had felt that this
was a public benefit. The benefit was not just for that homeowner association, but the whole
community. Mr. Gartin said he believed that when one area is cleaned out and functioning well, it
benefits the whole community. It was viewed as a public good so that the costs would be socialized
across the community.

Municipal Engineer Warner educated Council on the Financial security and Performance Bonds.
Financial Security is the component to make sure the facilities are constructed correctly. Once the
facility is constructed, the City receives as-builts, which staff will review. Staff will go back to the
engineers with questions, or if it is meeting expectations, staff will ask the engineer to make a
statement stating that it does comply, then staff will release the Financial Security. That is when a
Performance Bond is necessary because the native vegetation takes three to four years to get
established, and the City wants to make sure that will be maintained. Council Member Nelson asked
at what point in the development process the Financial Security would be required to be submitted.
Ms. Warner responded that for a site plan, it is at approval time; for subdivisions, it would be at the
time the Final Plat is filed for City approval.

Ms. Warner stated that there is the ability to do waivers. Partial waivers could be on-site or a
combination of on-site and off-site facilities. Most appeals have been financial-related and are not
a consideration under the Ordinance. Council Member Gartin inquired if the City had granted some
waivers. Ms. Warner responded that the City has granted some waivers.

Municipal Engineer Warner informed Council that after the Ordinance was passed staff, wanted to
support the development community as it was implemented. A Technical Guidance document was
created, a class was given about the Ordinance; and staff created checklists, data summary sheets,
and design principles. Some features in the City are underground facilities, ponds, the permeable
paving parking lot at City Hall, rain gardens, and use of retaining walls. Some of the challenges are
groundwater source, protecting the wells, as-built conditions, financial security catching developers
off guard, redevelopment, and maintenance.

Council Member Gartin inquired about measures taken outside of the Stormwater Management
Ordinance to handle flood waters. Ms. Warner responded that the flood mitigation study was done
with a concept to do channel clearing at South Duff. In the Capitol Improvements Plan (CIP), there
is a stormwater system analysis for looking at the hydraulic capacities throughout town to see where
there are issues with the stormsewer capacities. Council Member Gartin added that there are other
factors that contribute to the flooding. Ms. Warner noted that there is a lot fewer phones calls on
home flooding and less flooding at the City’s intersections.

** Erv Klaas, 1405 Grand Avenue, Ames, stated that the Friends of Ada Hayden is developing and
planning some outreach and education to the homeowners and signs to help protect the watershed.
Climate change is going to impact this area with increased rainfall and possibly more flooding. That

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is why the Watershed is so important. It is important to stress building soil health by adding more
organic matter to the soil and increasing permeability. Infiltrating water goes into deep ground and
becomes part of the ground water; which means that it slowly seeps into the streams. It relieves the
drought effects.

** Luke Jensen, 2519 Chamberlain, Ames, stated his focus was on pure maintenance activities related
to existing parking lots; areas slated for general improvement. That will trigger Ordinance 5B, and
he feels that creates undue tension with parking compliance. The second point are the challenges
that relate to infill sites (smaller sites that are two to three acres or less that are within
neighborhoods). Feasability and practicality are not being implemented when trying to accomplish
all things with a building structure on a small lot and then having to go underground to meet this
Ordinance. Mr. Jensen suggested relaxing the one-acre disturbance and moving it back to two to
three acres. Mayor Haila asked Mr. Jensen to explain his point concerning the maintenance
activities. Mr. Jensen responded that there needs to be a clarification between a maintenance activity
and redevelopment activity.

** Justin Dodge, 105 South 16th Street, Ames, prepared a table of the ten largest cities in Iowa that have

an MS4 Permit. Mr. Dodge stated that the disturbance area threshold is one acre or impervious
paving of 10,000 square feet is the criterion in Ames that triggers the Post Stormwater Ordinance.
The Department of Natural Resources (DNR) threshold that is recommended for the minimum is one
acre. He hopes to drop off the impervious. Mr. Dodge feels that Ames is a little stringent in
comparison to the ten largest cities in Iowa. He feels that things were pushed through because of the
scare of losing the MS4 Permit. In reference to the meadow in good condition Class B Soils, Mr.
Dodge suggested to look at the condition of soils when it was being farmed and earlier times.
Another concern was that there must be a distinction between create versus replacement when
deciding on compliance for things such as parking lots. Mayor Haila stated his concern about Ames
being built in a swamp area. One acre is a substantial amount of area to dump into the stormsewer
system, considering the low lying areas and the adverse affect on them. Mr. Dodge stated that one
acre is a small size when looking at parcel sizes and what land actually has to be disturbed.

** Ben Jensen, 708 Highway 69, Huxley, stated that the size is very important. Some projects can
become financially infeasible by hitting that 10,000 square foot threshold, then having to do
underground stormwater management, which can be up to 10% of the total cost of the construction
for the site. There have been at least two projects that did not happen due to the additional burden
of the stormwater management. He suggested the expansion to one acre for land disturbance and
impervious pavement being a net, not a gross, amount. Mr. Jensen addressed the financial security
for stormwater management. This is time-consuming and holds up construction; can be a 30-day
delay. This also puts additional burden on staff. He stated that he pays twice, because he begins by
paying the City for the financial security for ten months, but also has to pay the contractor at the
same time.

Council Member Gartin asked Ms. Warner to what degree should Council be concerned about the
financial impact of the project. Council wants to encourage development but also respect

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stewardship to the citizens about the flooding. Ms. Warner responded that making changes piece
by piece will be a long-term investment.

** Scott Renaud, 414 S. 17th Street, Ames, feels that the City should be looking to see if there is an issue

downstream to determine if that 10,000 square feet criteria is necessary in a particular location. If
there is not an issue downstream, it doesn’t make sense to spend the extra money. There are some
areas where it does need to be done. It is necessary to be wise about the use of the money. Mr.
Renaud stated that he feels that there are some costs that come with a project that are unnecessary.
The systems are not plumbing systems and should not be required to have a plumbers permit for the
stormwater systems. The systems are specialized environmental systems with specialized
requirements that are certified by a landscape or engineer or architect.

Mr. Renaud feels that Financial Security is not necessary and is not a requirement of the DNR. The
bond form that is supplied by the City is difficult to understand, owners do not typically bond, and
it is a time issue that creates a lot of work, but doesn’t produce anything. The systems are the first
thing put in, but the last thing to get money back. There is a lot of money out there for a long period
of time doing nothing. He suggested more of a blanket number per acre, not necessarily a large
amount. He asked the City to simplify the financial security amount per acre and have a simple
system that is one page either cash or escrow. The bonding would be with the Site Plan Permit.

** Chuck Winkelblack, 105 S. 16th Street, Ames, reminded Council of the discussions that were had

when 5B was created. Mr. Winkelblack stressed education to the neighbors about restrictions for
the Watershed by getting mailers out. He feels the simplest solution to financial security is to tie it
to occupancy. Many things are done while putting in the stormwater management system. Sub-
contractors now have to decide what is with the system. Put it in the process before occupancy is
certified. The process is cumbersome. Sometimes things seem to not make sense and cost money,
but developers need to know things are done right. If the structure needs to be corrected, before the
contractor gets paid is the best time to get that person back to correct the issues and have it done
right.

Mr. Winkelblack addressed the meadow in good condition in Ames. The commercial area is tight.
Such areas as the Lincoln Way Corridor, unless there is combining of sites together, there is not a
lot of space to do it. There is not always a place to outlet the stormsewer water. There are places
in the City that don’t have effective stormsewers. New development does not have many issues, it
is the redevelopment or infill that cause the anxiety. He recommended the DNR minimum of one
acre for land disturbance.

Jeff Harris, 1615 Golden Aspen Drive,Suite 110, Ames, stated there needs to be a definition among
maintenance project, redevelopment, and new development. The language needs to be clarified for
people to understand. He feels that on new projects the 10,000 feet is appropriate, but for
redevelopment the one acre would be sufficient. There needs to be some distinction for maintenance
projects. Maintenance projects are not creating any impervious cover, it is pre-existing, taking it
down for maintenance purposes and replacing it. Redevelopment is making changes to the land and

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structure. Creating means bringing something new that was not there before; working on vacant
land.

** Roger Kluesner, 2702 Cottonwood Road, Ames, stated that he is representing an entity that is
affected by this. McFarland has been in need of parking lot repairs for the past two years. The goal
was to tear up the payment and fix a little intake that had sunk a bit and pave the little under an acre
area. McFarland was told there was a stormwater issue and that it was subject to the stormwater
requirement. This requirement increased the repair of the parking lot by 60%. This is impractical
and would require taking a lot of resources from other things that need more attention. The
interpretation needs to be cleared up among development, redevelopment, and maintenance.

Council Member Gartin suggested eliminating the triggering of the Stormwater Ordinance when
maintenance is being done to a parking lot, but not increasing the square footage or impervious
surface. The City needs to balance between the benefit to the City and the cost to an owner. Council
Member Betcher stated there has to be a time to improve the situations of areas before the
Stormwater Ordinance came into effect. The opportunity is when there is enough tearing up of the
land.

Moved by Gartin, seconded by Corrieri, to direct staff to come back with a revision to the Storm
Water Ordinance that the maintenance of a parking lot, not an increase of impervious surface, of a
parking lot does not trigger the 5B obligations.

Municipal Engineer Warner cautioned Council that replacing the parking lot of an older lot could
mean that it might not meet current parking regulations. The replacement of the parking lot may
expand the impervious surface in order to meet the new regulations. She noted that she will need
to have a conversation with Planning.

Council Member Betcher conveyed her uncertainty that every parking lot is in the same situation.
There could be a parking lot that will only have one chance to correct stormwater issues. The cost
of that could be the continued flooding if something isn’t done and will cost everyone because of the
impacts of the flood.

Mayor Haila commented that he would like to see if there could be data on whether the amount of
money to put into the larger parking lots for the stormsewers would reap an equivalent benefit for
the City. Municipal Engineer Warner responded that the system analysis that is going to be done to
identify where there are deficiencies in the pipe network would be able to help. That is not a study
that has been done at this time. Council Member Beatty-Hansen added that her concern is that
people will let those parking lots just deteriorate. Then it will be a huge financial burden to get those
lots back up to par. Council Member Betcher inquired as to whom will have the negative effect, the
individual owner that is not putting the money into their parking lot or the taxpayers that may have
the impact of the flooding because property owners did not put in appropriate drainage. Council
Member Nelson added that this will cause people to not invest in properties because $200,000 per
acre is an insurmountable amount of money for a small project when the land is only a quarter of that

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per acre.

Council Member Martin suggested the encouragement of use of biosoils. Council Member Nelson
added that there might be a way to reduce parking requirements to put in biosoil. Ms. Warner stated
she could speak with Planning concerning the parking requirements and how they have changed.
A change could be to require owners to do water quality volume addressing the nutrients the first
flush of an inch and a quarter per acre to go through the biosoils, but then not the flood control. This
would quantify giving features that manage that water quality volume.

Council Member Gartin withdrew his motion.

Moved by Corrieri, seconded by Martin, to direct staff to prepare a report to remove the triggering
of Chapter 5B when parking lots are maintained but does not increase the impervious surface, with
allowances, and options for incentivizing additional water quality improvements.
Vote on Motion: 5-1. Voting Aye: Nelson, Martin, Beatty-Hansen, Gartin, Corrieri. Voting Nay:
Betcher. Motion declared carried.

Moved by Corrieri, seconded by Nelson, that financial security would be required prior to occupancy
if the requirements have not been met.

Council Member Nelson stated this holds the money for the shortest amount of time should the
money need to be held. This also gives the City recourse.

Vote on Motion: 6-0. Motion declared unanimously.

Moved by Betcher, seconded by Nelson, to direct staff to report on whether runoff curb number 58
is the only number or most appropriate number for all of Ames.
Vote on Motion: 5-1. Voting Aye: Nelson, Martin, Beatty-Hansen, Gartin, Betcher. Voting Nay:
Corrieri. Motion declared carried.

Moved by Betcher, seconded by Beatty-Hansen, to direct staff to bring back a report on some areas
outside of Iowa that have similar hydrology and what their standards for impervious surface are and
what the post construction Stormwater Ordinances are.

Council Member Nelson commented that is very broad spectrum. Just in Iowa it is very broad. He
feels Council has flexibility to do what is best for the community. Council Member Gartin added
that these regulations are developing within a state regulatory scheme. Each state would be
somewhat different than Iowa.

Vote on Motion: 1-5. Voting Aye: Betcher. Voting Nay: Nelson, Martin, Beatty-Hansen, Gartin,
Corrieri. Motion failed.

Moved by Nelson, seconded by Corrieri, to direct staff to come back with suggestions to change 5B

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to make impervious cover be the same as a land disturbance at one acre to be included in the
previous staff report.

Vote on Motion: 5-1. Voting Aye: Nelson, Martin, Beatty-Hansen, Gartin. Voting Nay: Betcher.
Motion declared carried.

Moved by Corrieri, seconded by Betcher, to ask staff to provide recommendations for alternative
inspections besides a licensed plumber.
Vote on Motion: 6-0. Motion declared unanimously.

Moved by Gartin, seconded by Betcher, to direct staff to provide Council a report on the use of cover
crops, buffer strips, and other best practices in conservation for the City-owned farmland.
Vote on Motion: 6-0. Motion declared unanimously.

Moved by Gartin, seconded by Corrieri, to direct staff to provide Council a report on the status of
bank stabilization on South Duff and put on future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.

DISPOSITION OF COMMUNICATIONS TO COUNCIL: Moved by Corrieri, seconded by
Nelson, to refer the letter concerning tennis courts and possible partnership with the School District
to Parks and Recreation.
Vote on Motion: 6-0. Motion declared unanimously.

Moved by Gartin, seconded by Corrieri, to direct staff prepare a report in respect to the sale of the City-owned land on 6th Street.

Vote on Motion: 6-0. Motion declared unanimously.

COUNCIL COMMENTS: Ex officio Rob Bingham informed Council about the preparation for the
next Ex officio.

Moved by Beatty-Hansen to adjourn at 9:24 p.m.

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