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HomeMy WebLinkAboutA001 - September 26, 2023, Regular Meeting of the Ames City Council, Full MinutesMINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 26, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 26th day of September, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was also present. PROCLAMATION FOR “ECO FAIR DAY,” SEPTEMBER 30, 2023: Mayor Haila proclaimed September 30, 2023, Eco Fair Day. Municipal Engineer Tracy Peterson accepted the proclamation alongside Director of Water and Pollution Control John Dunn and Assistant Director of Water and Pollution Control Lyle Hammes. PROCLAMATION FOR “PRIDEFEST DAY,” SEPTEMBER 30, 2023: Mayor Haila proclaimed September 30, 2023, Pridefest Day. nicci port, Katie Tschopp, Tyler Kirkman, and Amanda Zagloba accepted the proclamation. PROCLAMATION FOR “WATERSHED AWARENESS MONTH,” OCTOBER 2023: Mayor Haila proclaimed October 2023 Watershed Awareness Month. Engineer Peterson accepted the proclamation alongside Executive Director of Prairie Rivers of Iowa Penny Brown Huber and Assistant Director Hammes. CONSENT AGENDA: Council Member Betcher requested to pull Item Nos. 21 through 25. Moved by Betcher, seconded by Corrieri, to approve the consent agenda less Item Nos. 21 through 25. 4. Motion approving payment of claims 5. Motion approving Minutes of Regular Meeting on September 12, 2023, and Special Meeting on September 14, 2023 6. Motion approving Report of Change Orders for period September 1-15, 2023 7. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #1113, 2801 E. 13th Street 8. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #227, 2108 Isaac Newton Drive 9. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #200, 4510 Mortensen Road 10. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #216, 203 Welch Avenue 11. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #1215, 4506 Lincoln Way 2 12. Motion approving ownership updates for Class E Retail Alcohol License - Kum & Go Store #0217, 3111 South Duff Avenue 13. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class E Liquor License – Hy-Vee Food and Drugstore #2, 640 Lincoln Way b. Class E Liquor License – Hy-Vee Food Store #1, 3800 W Lincoln Way c. Class C Liquor License – Bullseye Restaurant Group LLC, 114 South Duff Avenue d. Class E Liquor License – CVS/Pharmacy #10452, 2420 Lincoln Way #104 e. Class C Liquor License – Flipn’ Jacks Pancake House & Eatery, 1520 S. Dayton Pl f. Class C Liquor License with Outdoor Service – Sips and Paddy’s Irish Pub, 126 Welch g. Class C Beer Permit – Aldi, Inc. #48, 108 South 5th Street h. Class B Beer Permit – Macubana, 116 Welch Avenue 14. Request for 36th Anniversary Run for the Roses on October 22, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. RESOLUTION NO. 23-499 approving full and partial closure of the following streets from 6:00 a.m. to 12:00 p.m.: i. Fifth Street from Pearle Avenue to Douglas Avenue ii. Douglas Avenue from Fifth Street to Sixth Street iii. Sixth Street from Burnett Avenue to Douglas Avenue iv. Burnett Avenue from Sixth Street to Main Street v. Main Street from Burnett Avenue to Allan Drive vi. Northwestern Avenue from Allan Drive to Sixth Street vii. Sixth Street from Northwestern Avenue to University Boulevard viii. University Boulevard from Sixth Street to Haber Road 15. RESOLUTION NO. 23-500 approving appointments to various Boards and Commissions 16. RESOLUTION NO. 23-501 approving and adopting Supplement No. 2023-4 to Municipal Code 17. RESOLUTION NO. 23-502 approving Encroachment Permit Agreement for Sign at 330 5th Street 18. RESOLUTION NO. 23-503 approving agreement for the Transportation Data & Analytics Subscription Service with StreetLight Data, Inc., of San Francisco, California, for 11/1/2023 to 10/31/2026, in an annual amount not to exceed $65,000 19. RESOLUTION NO. 23-504 approving Iowa DOT STBG Federal Aid Agreement for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way) project in the amount of $1,686,000 20. RESOLUTION NO. 23-505 approving preliminary plans and specifications for the 2022/23 Traffic Signal Program (State & Mortensen), setting October 18, 2023, as the bid due date, and October 24, 2023, as date of Public Hearing 21. RESOLUTION NO. 23-506 awarding purchase two all-electric pickups to Karl Ford of Story City, Iowa, in the amount of $90,176 22. RESOLUTION NO. 23-507 awarding purchase of five small pickup trucks, including spray in bedliner, to Karl Ford of Story City, Iowa, in the amount of $129,865 3 23. RESOLUTION NO. 23-508 awarding purchase of 2024 John Deere 644X Hybrid Wheel Loader to Murphy Tractor and Equipment of Des Moines, Iowa, in the amount of $377,104 and accept the trade-in offer of $40,000 24. RESOLUTION NO. 23-509 awarding purchase of Bobcat S770 Skid Steer to Bobcat of Ames, Iowa, in the amount of $51,204.13 25. RESOLUTION NO. 23-510 awarding purchase of 2024 Ford F550 chassis to Stivers Ford of Waukee, Iowa, in the amount of $62,077.70 26. RESOLUTION NO. 23-511 awarding contract for Asset Management Agreement – Pipeline Services to World Kinect Energy Services, of Minnetonka, Minnesota, for two additional one- year renewal options, in the amount not to exceed $40,800 for base services in addition authorizing a net amount not to exceed $300,000 for the purchase of additional natural gas, plus delivery as needed, to manage the day to day fuel needs of the Power Plant 27. Ash Disposal for the Power Plant a. RESOLUTION NO. 23-512 waiving Purchasing Policies and Procedures and awarding a single-source contract b. RESOLUTION NO. 23-513 awarding contract to Metro Waste Authority, Des Moines, Iowa, in the amount of $210,000 28. 2021-22 Collector Street Improvements (Hoover Avenue) a. RESOLUTION NO. 23-514 accepting Change Order No. 2, the balancing change order, in the amount of $55,954.78 b. RESOLUTION NO. 23-515 accepting the project as completed by Manatt’s Inc., of Ames, Iowa, in the amount of $2,263,578.36 29. Furnishing 69kV SF6 Circuit Breakers and 13.8kV Capacitor Bank for Top-O-Hollow Substation Expansion a. RESOLUTION NO. 23-516 accepting the contract as completed Siemens Industry Incorporated, of Richland, Mississippi, for a total cost of $150,442 (inclusive of Iowa sales tax) b. RESOLUTION NO. 23-517 accepting the contract as completed by Controllix Corporation, of Walton Hills, Ohio, for a total cost of $98,105 (exclusive of Iowa sales tax) 30. RESOLUTION NO. 23-518 approving completion of the contract for the Inis Grove Park Tennis Court project with Tennis Courts Unlimited, Nebraska City, Nebraska in the amount of $72,900 31. RESOLUTION NO. 23-519 approving partial completion and reducing financial security for public improvements of Scenic Valley 5th Addition to $3,600. 32. RESOLUTION NO. 23-520 approving partial completion and reducing financial security for public improvements of Scenic Valley 6th Addition to $23,197.75 33. RESOLUTION NO. 23-521 accepting completion of all public sidewalk requirements as a condition for approval of the final plat of Hayden’s Crossing 2nd Addition and the financial security can be reduced in full Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 4 FLEET: Council Member Betcher noted that she requested to pull these items as each related to the Fleet Services Department to highlight the Department’s efforts to help reach the City’s sustainability goals while also efficiently utilizing allocated funds. Fleet Support Manager Rich Iverson provided a detailed overview of the efforts made by the Department to make the Fleet “greener” through alternative fuels and highlighted the long-term cost savings as compared to traditionally fueled vehicles. Moved by Betcher, seconded by Corrieri, to approve Item Nos. 21 through 25. 21. RESOLUTION NO. 23-506 awarding purchase two all-electric pickups to Karl Ford of Story City, Iowa, in the amount of $90,176 22. RESOLUTION NO. 23-507 awarding purchase of five small pickup trucks, including spray in bedliner, to Karl Ford of Story City, Iowa, in the amount of $129,865 23. RESOLUTION NO. 23-508 awarding purchase of 2024 John Deere 644X Hybrid Wheel Loader to Murphy Tractor and Equipment of Des Moines, Iowa, in the amount of $377,104 and accept the trade-in offer of $40,000 24. RESOLUTION NO. 23-509 awarding purchase of Bobcat S770 Skid Steer to Bobcat of Ames, Iowa, in the amount of $51,204.13 25. RESOLUTION NO. 23-510 awarding purchase of 2024 Ford F550 chassis to Stivers Ford of Waukee, Iowa, in the amount of $62,077.70 Roll Call Vote: 6-0. Resolutions declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Will Determan, 1008 Lincoln Way, discussed the design of S. 4th Street, highlighting concerns for resident safety and encouraging the City Council and staff to be more critical of street design. Grant Olsen, 3812 Ontario Street, discussed the Grand Avenue Corridor Study, focusing on safety concerns at the intersection of 16th Street and Grand Avenue. Mayor Haila closed the Public Forum when no one else came forward to speak. ARTS CAPITAL GRANT: Assistant City Manager Brian Phillips explained that the contract with Ames Writers Collective was approved in 2022 as part of the Arts Capital Grant for the purpose of purchasing tables and chairs, bookshelves, modular couches, and equipment; however, due to unforeseen circumstances, the commitment described in the grant cannot be completed. Mr. Phillips described two alternatives to the original grant scope, noting that the alternatives could be combined up to the original grant amount. Assistant City Manager Phillips, when responding to a question from Council Member Betcher regarding one of the proposed alternatives that included funding a project that was already complete, noted that since the program is unique the projects are all considerably different. He furthered that if the City Council agreed that the project furthered its goals for bolstering the Arts community, then staff would proceed in that direction. Council Member Gartin shared that it would 5 be his preference for decisions such as this to be made at the staff level. He inquired about what would be required to procedurally empower staff to modify an existing contract. Assistant City Manager Phillips and City Attorney Mark Lambert concurred that a larger discussion would have to take place and staff needed to conduct research to make a recommendation on Council Member Gartin’s inquiry. Council Member Rollins asked if there were concerns that the property in the first alternative might be overlapping with the grant already awarded to KHOI. Assistant City Manager Phillips noted that the intent with the first alternative is that the equipment would be at KHOI’s facility; however, the contract requires that the Ames Writers Collective keep and maintain the equipment over the performance of the grant. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to approve the request from Ames Writers Collective to modify Arts Capital Grant Contract for an alternative project, directing staff to prepare a contract amendment with Ames Writers Collective to pay for the chairs, tables, moveable stage, Little Free Library, and the cost of the tent, up to the full original grant amount of $5,590, with the expectation that Ames Writers Collective will monitor the equipment in another location to ensure use in its future location. Roll Call vote: 6-0. Motion declared carried unanimously. WEBSITE BACKEND AND REDESIGN IMPROVEMENTS: Public Relations (PR) Officer Susan Gwiasda expressed excitement to present a proposal to renew the City’s contract with Granicus that includes improvements to the website and hosting for the video archive, the website itself, and the new Peak agenda management system. She noted that the website directly addresses the City Council's goal of valuing communication and engaging citizens, and staff worked to align the improvements with the goal, focusing on three main areas: 1. Attractive, intuitive design/Improved hierarchy 2. Compliance with Americans with Disabilities Act (ADA) 3. Better responsive design (display on different device sizes, e.g., phones, tablets) PR Officer Gwiasda highlighted that an important part of this project was understanding the user and the user experience, thus, as part of the contract with Granicus, the company would conduct website user input research prior to beginning the reconstruction of the website backend. Council Member Gartin inquired about security concerns and how those issues are considered in the proposal. PR Officer Gwiasda noted that security is always an issue, which is why the Information Technology (IT) Division was extensively involved in the process. She furthered that there are more than a dozen third party vendors hosted on the City’s website and administrative staff ensures that contracts are met with the approval of IT. Council Member Beatty-Hansen asked about the cost for the current website the compared to the proposal. Ms. Gwiasda noted that the base costs for the website hosting and video archiving 6 systems increased nominally, and that the price increase seen can be attributed to the addition of the Peak agenda management system, which will be an ongoing subscription cost. Mayor Haila inquired about how the user groups will be arrived at for the initial feedback. PR Officer Gwiasda reviewed survey methods and establishing user groups for more in depth study. Council Member Betcher added that it would be helpful to find out from people who do not use the City website as to why they avoid use. PR Officer Gwiasda agreed, noting that the Resident Satisfaction Survey has shown the website to be the most listed source of information. She said that each day the City website receives 2,000 to 2,500 visits with 60% of those visits being unique users and 50% of users viewing the website on a mobile device. Mayor Haila opened and closed Public Input when no one came forward to speak. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 23-522 awarding five-year contract and approving year one payment for new website backend and redesign improvements to Granicus LLC, of Denver, Colorado in the amount not to exceed $83,412.54 as well as the ongoing subscription fees for a new agenda management system, website hosting, and video archive hosting. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ADVANCED METERING INFRASTRUCTURE (AMI) FOR THE CITY’S ELECTRIC UTILITY: Assistant Director of Electric Services Curtis Spence explained that the contract was approved at the previous City Council meeting prior to staff negotiations surrounding travel expenses with the contractor. Moved by Gartin, seconded by Betcher, to reconsider RESOLUTION NO. 23-482. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 23-523 awarding contract to Power System Engineering, Inc., of Madison, Wisconsin in the revised amount not to exceed $119,940. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DONATION OF LAND AT JARRETT CIRCLE: Parks and Recreation Director Keith Abraham noted that the City is appreciative of the property owners for offering to donate the property at 1000 Jarrett Circle to be included as part of Emma McCarthy Lee Park and Munn Woods, which will add greenspace to the greenbelt and allow the City to develop an access point in the future. Director Abraham reviewed the stipulations and discussed staff’s plan to accommodate them. Mayor Haila thanked the property owners for their generous donation, noting excitement for the future access point. 7 Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 23-524 accepting donation of 0.60 acres of land at 1000 Jarrett Circle, with the stipulations described in Attachment D, and direct staff to finalize the deed transfer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. STAFF UPDATE ON THE FITCH FAMILY INDOOR AQUATIC CENTER: Director Abraham reviewed the process for State approval of the Aquatic Plans to obtain a Construction permit, highlighting that the standard practice for municipalities in Iowa is to submit three complete sets of engineered, stamped drawings to the State at the same time bid documents are distributed to potential bidders. He elaborated that since the bids will be based on design documents not yet approved by the authorized State agency, there is some risk associated with this approach. Changes required to the design by the State could result in delays and/or increased cost. He assured the City Council that the consulting team believes this risk is minimized because of its ongoing conversation with State representatives during the design process. Council Member Gartin shared that he believed this to be a matter for which the City Council should communicate support. Moved by Gartin, seconded by Rollins, to direct staff to submit three complete sets of engineered, stamped drawings to the State at the same time bid documents are distributed to potential bidders. Vote on Motion: 6-0. Motion declared carried unanimously. Director Abraham then shifted to discuss the recommendations related to the site contaminations and measures from Impact7G, which concerned: 1. Encountering contaminated soil 2. Harmful vapors entering the building through the foundation 3. Harmful vapors found in the building 4. Groundwater contamination found in excavation during construction 5. Contamination moving during construction 6. Benzene affecting PVC piping for water, sanitary, stormwater, etc. 7. Contamination found in sump water He shared that in regard to the geothermal field, Impact7G and staff from the Iowa Department of Natural Resources (DNR) identified through additional borings an area in the northeast corner, larger than the contamination plume, that is unfit to house the field. He furthered that even if no work takes place in that area, it is likely that crews will encounter some contaminated soil and took that opportunity to discuss the storm water management plan in detail. Director Abraham noted that as part of this plan, Impact7G will facilitate training with staff at Story Construction on the use of a Photoionization Detector (PID Meter) in conjunction with the Contamination Media Management Plan, which RDG and Story Construction have reviewed with Impact7G. Director Abraham then addressed harmful vapors, noting that Impact7G recommended an engineered vapor barrier, which would go underneath the entire building. He shared that the barrier 8 is 15 to 20 mil plastic and is resistant to the contamination present on the site. He emphasized that the recommendation from Impact7G did not include a vapor mitigation system; however, there will be drain tiles around the foundation and around each basin of water. He furthered each of those drain tiles will flow to a manhole 17 feet deep in the ground. Staff has discussed implementing a three-way valve on the manhole to facilitate water discharge to the storm sewer, sanitary sewer, or to a storage tank as well as serving as a monitoring well. Director Abraham noted that another benefit is that staff would be able to test for harmful vapors at the manhole location. Mayor Haila asked for further explanation on the implementation of the three-way valve, wondering if it was a mechanical or manual mechanism. Director Abraham noted that the idea had not been fully developed and further discussion with the contractors was needed. Mayor Haila followed up by asking if the drain tiles are benzine resistant. Director Abraham stated that the levels of benzine present are low and are not of concern to the DNR, thus the impact on the perforated plastic of the drain tiles will be minimal. He furthered that more in depth discussion is needed with the contractors on the composition of the materials. Mayor Haila noted that the report from Impact7G specifically states the likelihood of concern and a recommendation of materials. He asked that if Impact7G is changing the recommendation, the report be amended to reflect that. Megan Down from Impact7G clarified that in terms of the recommended materials, the petroleum resistant lines are only for water lines, and she provided a detailed justification. After hearing from Ms. Down, Mayor Haila requested that Impact7G amend the report to reflect the verbal recommendation that was made to the City Council at the meeting. Groundwater contamination in excavation was then discussed by Director Abraham before he reviewed how concerns related to contamination moving during construction will be addressed. Mayor Haila inquired about the geothermal system, noting that it was his understanding that it would be installed as horizontal piping at 15, 30, and 45 feet in depth. Director Abraham shared that the DNR informed staff that a depth of 15, 30, and 45 feet is not permittable. Instead, a maximum depth of 20 feet is allowed due to the proximity of an active well. This means that it is likely that the horizonal piping will be installed at a depth of 15, 18, and 20 feet under the building. Mayor Haila expressed concern locating the piping beneath the building. Director Abraham stated that this type of installation has been done before and the geothermal benefits are still received. This would also allow for a well field in the northwest portion of the property that would run north and south. He addressed the concern regarding if one of the loops either breaks or stops functioning by noting that the loop would be isolated and no longer used. Mayor Haila noted the advantages of having the horizonal piping under the parking lot, highlighting that he understood the viewpoint of isolating the loop but asked for staff to review that concept further with the consultant. Additionally, he wondered if there were any concerns with not having benzine resistant piping for the geothermal. He stated that if Impact7G had no concerns, he would request to have that added to the report because it is important that the geothermal system remains operational far into the future. Director Abraham assured Mayor Haila that staff would address all the questions he presented at the meeting with the consultants. Council Member Betcher asked if the contractor installing the geothermal knew the success rate of this type of design. Director Abraham noted that information was unknown, but staff would address it with the contractor. He reviewed the alternatives to the geothermal system, highlighting the decreased operational costs that come from 9 investing in geothermal. Council Member Betcher asked how long Impact7G would be working with the City on this project. Director Abrahman noted that their consulting services continued until the project was completed. Council Member Rollins asked how staff was ensuring the consultants and contractors were all receiving the same information about piping, tiles, and all the various purchases, asking for clarification on what that communication process looked like. Director Abraham discussed the lines of communications that are open, highlighting that RDG is responsible for disseminating information during the design phase, and once the plans and specifications are completed, that responsibility transitions to Story Construction. Council Member Rollins shared that it was her assumption that those communications are documented in writing. Director Abraham confirmed that to be correct, adding that conversations are also detailed through emails, letters, and minutes. Council Member Gartin asked for clarification on if the benzine in the soil is static and not likely to migrate. Ms. Down noted that the contamination is not likely to migrate. She continued that natural attenuation is only going to continue to have concentrations go down. In terms of groundwater, she noted the dewatering systems are in place for that purpose. Council Member Gartin inquired about how staff plans to handle the surface water issues on the site. Director Abraham presented the stormwater management plan, highlighting that staff elected to keep all stormwater management onsite. Council Member Gartin wondered if the management impacted how Impact7G thought about the soil contamination. Ms. Down replied in the negative, noting that the stormwater storage avoids all the major contaminated areas on the property. Mayor Haila noted that it was important for Impact7G to sign off on the design of the stormwater management system because groundwater will be drawn to a porous area where there is no mechanism to capture it. Director Abraham assured Mayor Haila and the City Council that staff will not move forward with design or materials that would jeopardize the project long term in regard to the contamination. Director Abraham concluded by presenting a $500,000 funding contribution that was approved by the Story County Board of Supervisors from the American Rescue Plan Act funding received by the County. Council Member Gartin asked if there was any information on user residency from the Municipal Pool. Director Abraham noted that such data was available, and staff could communicate that to the City Council. Council Member Gartin stated that it would be a helpful datapoint for further consideration. Mayor Haila expressed appreciation for the donation from Story County, noting that it would help the City accomplish other staff objectives. Moved by Corrieri, seconded by Junck, to adopt RESOLUTION NO. 23-525 accepting $500,000 from Story County with the stipulation that Story County residents will pay the same fees as Ames residents for a period of ten years. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 10 HEARING ON FIRST AMENDMENT TO THE FY 2023/24 ADOPTED BUDGET: Finance Director Corey Goodenow and Budget Manager Nancy Masteller presented the First Amendment. Ms. Masteller highlighted that the amendment was largely carryovers from Capital Improvements projects that were not completed last year, although other known significant changes are included as well as outlined in the report. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-526 amending the fiscal year 2023/24 budget to increase expenditures by $113,200,264 for carryover amounts from fiscal year 2022/23 and other significant changes to the fiscal year 2023/24 budget. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON WATER TREATMENT PLANT, SOUTHEAST WELLFIELD, & TECHNICAL SERVICES COMPLEX SECURITY FENCE IMPROVEMENTS: Mayor Haila opened and closed the Public Forum when no one came forward to speak. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 23-527 approving final plans and specifications and awarding contract to American Fence Company of Johnston, Iowa, in the amount of $78,247.60. Council Member Gartin inquired if there was any reason for concern that there was an error by the contractor in completing the bid documents as it is unusual to see proposals so far below the engineer’s estimate. City Manager Schainker confirmed that staff reviewed the proposal in detail and indicated that there was no concern present. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON E. 13TH STREET SANITARY SEWER EXTENSION: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Rollins, to accept the report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-528 approving final plans and specifications and awarding contract to On-Track Construction, LLC of Nevada, Iowa, in the amount of $2,125,500. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 11 4098 E 13TH STREET – JT WAREHOUSE SUBDIVISION: Planning and Housing Director Kelly Diekmann presented the Final Plat that created two buildable lots on 13th Street for the JT Warehouse Subdivision. He highlighted the unique element of this Plat, which is the deferral of the rural water buyout to the site development plan approval. He noted that staff supports delaying the buyout requirement since the payment does not come to the City and there is no water service needed until development of the site. Council Member Gartin asked if the recommended action would create a concerning precedent for deferrals. Director Diekmann replied in the negative due to the industrial nature of the subdivision. Moved by Betcher, seconded by Beatty-Hansen, to approve Alternative 1 and 1A. 1. RESOLUTION NO. 23-529 approving the Final Plat of JT Warehouse Subdivision, based upon the staff’s findings that the Final Plat conforms to applicable design standards, ordinances, policies, and plans and approve acceptance of financial security for completion of public improvements. A. RESOLUTION NO. 23-530 approving deferral of the water territory buyout requirement requiring proof of water territory release and transfer of Lots 1 & 2 from IRUA prior to approval of a Site Development Plan for each individual lot. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DOWNTOWN URBAN REVITALIZATION AREA: Director Diekmann provided a detailed summary of the proposed amendments and staff recommendations that would expand eligibility for the tax abatement program and safeguards to meet the original intent to achieve reinvestment in the Downtown while retaining the Downtown’s character. Council Member Gartin asked for clarification on if the criteria would be creating barriers to demolishing buildings in the Downtown. Director Diekmann replied in the negative, noting that the property owner would simply not benefit from the incentives of the program. He furthered that zoning in the Downtown has minimal rules in terms of aesthetics, with no mandatory brick requirements or mandatory glazing requirement; thus, if an incentive is not pursued by a property owner, they would be eligible to complete their intended project. The City Council discussed the inclusion of sustainability-related criteria. Director Diekmann noted that staff sought direction on whether sustainability would be intended to be a mandatory criterion or rather an aspirational goal that aligned with the Climate Action Plan. Discussion ensued about the measure of sustainability with interest in understanding deficiencies in the Downtown. Mayor Haila opened and closed the Public Forum when no one came forward to speak. Moved by Beatty-Hansen, seconded by Rollins, to add additional criteria for existing buildings, that they undergo an energy audit, complete with assessment and recommendations, and supply the audit to the City for information purposes only. 12 The City Council discussed the financial obligation of the property owner to meet the additional criteria and debated whether the motion was premature. Director Diekmann noted that staff would provide findings at the Public Hearing to ensure alignment with the City Council’s expectations and that modifications could be made after that information was garnered. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to direct staff to investigate and report on information regarding energy code compliance for new construction. Vote on Motion: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay: Gartin. Motion declared carried. Moved by Beatty-Hansen, seconded by Betcher, to set October 10, 2023, as date of public hearing to approve the amended criteria for the Downtown Urban Revitalization Area (URA) as presented in Attachment B and modify the URA map to remove the properties along Kellogg Avenue between the railroad tracks and Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there were four items to consider. The first item was an update on the Natural Gas Supply Contract Extension from Electric Services Director Don Kom. City Manager Steve Schainker noted that the item was for information only. A memo from Director Diekmann regarding a Request for a Text Amendment to Section 22.31 was the second item. Moved by Gartin, seconded by Junck, to place the item on a future agenda for discussion. Vote on Motion: 6-0. Motion declared carried unanimously. The third item was also a memo from Director Diekmann in response to a Request for the City of Ames to Pursue a Grant for Nomination of Chautauqua Park-Ridgewood Additions to the National Register of Historic Places. Moved by Betcher, seconded by Beatty-Hansen, to place the item on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. A memo regarding the Mortensen Road Speed Study from Traffic Engineer Damion Pregitzer was the final item. City Manager Schainker noted that the item was for information only. COUNCIL COMMENTS: Ex officio Clark announced the upcoming Red Cross blood drive taking place from October 2-5, 2023, at the Memorial Union. He noted that students and the community alike were invited to participate at the event. Council Member Beatty-Hansen highlighted upcoming events taking place in the Downtown on Saturday, September 30, 2023, including Pridefest, EcoFair, and more. She also mentioned that 13 she was approached by a constituent about rules regarding solar installations in the Old Town neighborhood. She let her fellow City Council members know that at the next meeting she would be requesting that the Historic Preservation Commission investigate that topic. Council Member Gartin referred to his earlier discussion regarding staff approval of modifications to monetary appropriations to outside organizations. Moved by Gartin, seconded by Corrieri, to direct staff to investigate administrative approval of modifications to City Council appropriations (contracts and grants) to outside organizations that receive funding. Council Member Betcher noted that she understood the intent of the motion, but she wondered about implications since the terms and services of the contract originally received City Council approval. Vote on Motion: 5-1. Voting Aye: Betcher, Corrieri, Junck, Gartin, Rollins. Voting Nay: Beatty- Hansen. Motion declared carried. Council Member Gartin also extended condolences considering the recent suicide of a Gilbert High School Student. He noted that it was heavy on the hearts of many. He concluded by commending Mayor Haila for a fine year of serving as President of the Iowa League of Cities. He noted that it was an honor for a city to have its Mayor serve as president and thanked Mayor Haila for his service. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation. Moved by Betcher, seconded by Junck, to go into closed session at 8:27 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 8:56 p.m. Moved by Gartin, seconded by Betcher, to direct staff to pursue the course of action as determined in the Closed Session. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-531 approving the consent agreement and final order with the Environmental Protection Agency (EPA). Roll Call Vote: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay: Gartin. Motion declared carried. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri, to adjourn at 8:57 p.m. 14 Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk