HomeMy WebLinkAboutA018 - Excerpts from January 9, 2018 Council Meeting Minutes 15. RESOLUTION NO. 18-008 approving Change Order No. 2 for 2015/16 & 2016/17 Seal
Coat Street Pavement Improvements
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by
the Mayor, and hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened Public Forum. No one came forward to speak, and the
Mayor closed Public Forum.
ORDINANCE LIMITING RENTAL OCCUPANCY IN SINGLE- AND TWO-FAMILY
RESIDENCES: Moved by Betcher, seconded by Nelson, to pass on third reading and adopt
ORDINANCE NO. 4332 limiting rental occupancy in single- and two-family residences.
Council Member Martin said that he had two questions pertaining to the proposed Ordinance. He
presented a hypothetical situation where one family or three adults had been allowed to rent a
single-family or duplex in the RL zone, but it has what now would be considered, under the new
Ordinance, nonconforming parking. That unit had previously been evaluated by the City and had
been granted an exception of some kind that allowed them to rent that property and had a Letter
of Compliance. Mr. Martin asked, under the proposed Ordinance, how many adult occupants
would be allowed to rent that apartment. Building Official Sara VanMeeteren answered that
three people would still be allowed to rent the apartment. She explained that the Rental Code
allows for Retroactive Conversion Permits for non-conforming residences that met certain
criteria. If a Letter of Compliance had been issued to that residence, the new Ordinance would
not change that. Mr. Martin then asked how the proposed Ordinance would affect tenants who
have current Lease Agreements. City Attorney Mark Lambert advised that no law impairing a
current contract may be passed. He noted that there is a huge amount of case law governing this
answer: the City cannot apply the proposed Ordinance to leases currently in place.
Council Member Betcher inquired as to the leases that have been signed, but the lease period has
not become effective, Mr. Lambert stated that those leases where the lease period has not been
begun would be governed by the proposed new Ordinance, if adopted.
Council Member Gartin questioned about any existing lease that would not be in conformity
with the now-existing Ordinance. Mr. Lambert advised that those leases would be invalid and
thus void because they would be in violation with the current Ordinance.
Council Member Nelson commented that he still has concerns about the proposed Ordinance and
believes that there will be some unintended consequences if it were to be adopted. He
acknowledged that he had changed his vote from the first and second passages of the proposed
Ordinance. Mr. Nelson asked what the Council's path will be moving forward. Mayor Haila
announced that the City Council will be holding a Council workshop on February 20, 2018, that
will be dedicated to continued discussions on the Ordinance limiting rental occupancy in single-
and two-family residences. The Mayor stated that public input will be accepted during that
workshop.
Council Member Betcher offered her perspective that the State Legislature had invalidated the
City's designator for rental ordinance. She noted that the City currently does not have an
ordinance in place, which places the City in limbo. Council Member Corrieri pointed out that
tenants and landlords are signing leases now that will not take effect until next August. Ms.
Betcher acknowledged that, but said she believes that it is better to have a more restrictive
ordinance right now, rather than imposing those restrictions later.
Ex officio Bingham noted that adding off-street parking spaces after the moratorium expires
won't do any good if bedrooms are not allowed to be added. Council Member Corrieri said it
was her understanding that staff will be bringing information back to the Council as to how
additional bedrooms might be considered.
Council Member Corrieri asked if what had already been referred back to staff would be
discussed at the workshop, namely, additional bedrooms, additional parking, "air bnbs." Mayor
Haila said it was appropriate for Council to identify all of the issues that they wish to have
discussed.
Roll Call Vote: 5-1. Voting aye: Beatty-Hansen, Betcher, Gartin, Martin, Nelson. Voting nay
Corrieri. Ordinance declared adopted, sin reby made a portion of thes
Minutes.
Council Member Corrieri asked what issues were already on a list. City Manager Schainker
identified the following issues that staff had been made aware of: air bnbs, multiple violations,
concentration of rental units, increased number of bedrooms, and increased number of parking
spaces. Council Member Corrieri reiterated that she thought staff was going to bring information
back to Council as to how additional bedrooms might be added. She also wanted to get direction
from staff on what the Council would not want to allow. City Manager Schainker asked if it was
the Council's intent to apply the new Ordinance to all parts of the City zoned RL. He also
questioned if the Council thought other zoning districts should be added. Mr. Schainker clarified
that, right now, the new Ordinance applies to all single-family and duplexes in all parts of the
city in all zoning districts. Council Member Betcher questioned whether the Ordinance should
apply City-wide versus the overlay districts only or should the Ordinance apply by type of
dwelling or zoning district. Council Member Gartin stated that he believes there should be an
Ordinance; however, it should be different for areas outside of the moratorium area; he does not
think it should be the same for all parts of the community. Mr. Gartin noted that the Council had
heard many concerns about over-occupancy; however, those concerns were not uniformly felt all
over Ames, so he is going to suggest that the Ordinance be tweaked. City Manager Schainker
said what he was hearing is that the Council might want to consider changing in what zoning
districts, just RL, or RL and RM, the Ordinance would apply. Mayor Haila encouraged the
Council members to email Mr. Schainker with issues, other than those that had been identified,
they might want to have considered. Council Member Martin asked to add one more issue: the
case where a young adult who was not yet 18 when the lease was signed, but became 18 years
old. He would like to find a way to allow that person to remain living in that residence.
Council Member Gartin noted the importance of reaching out to stakeholders. City Manager
Schainker stated that they would be inviting Neighborhood Associations, the Ames Rental
Housing group, and rental property owners. Council Member Betcher asked Mr. Schainker if
the City had the email addresses for all the people who had written to the Council to explain