HomeMy WebLinkAboutA001 - October 24, 2023, Regular Meeting of the Ames City Council, Full Minutes1
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 24, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59
p.m. on the 24th day of October, 2023, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber
Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was also present.
Council Member Gloria Betcher joined the meeting telephonically.
RECOGNITION OF CITY OF AMES ANIMAL SHELTER AND ANIMAL CONTROL
ON ACHIEVING A 90% SAVE RATE FOR THE 2022 CALENDAR YEAR: Mayor Haila
presented the award, which was accepted by Chief of Police Geoff Huff as well as Animal Control
Supervisor Ron Edwards and staff from the Ames Animal Shelter. The award was bestowed from
Best Friends Animal Society, a national 501(c)(3) nonprofit organization that operates the nation’s
largest sanctuary for homeless animals and provides adoption, spay/neuter, and educational
programs. Best Friends Animal Society is leading the way to reducing euthanasia in America’s
animal shelters through building community programs and partnerships all across the nation.
Supervisor Edwards thanked the City Council, Chief Huff, and Mayor Haila for their support. He
also shared that while the qualification needed for the award was 90%, the catch and release rate
was over 98% for Ames. Supervisor Edwards expressed his gratitude to the shelter staff and
volunteers for the work they do to make the animal shelter so successful.
PROCLAMATION FOR “COMMUNITY PLANNING MONTH,” OCTOBER 2023: Mayor
Haila presented Director of Planning and Housing Kelly Diekmann and members of the Planning
and Housing Department Benjamin Campbell, Amelia Schoeneman, and Eloise Sahlstrom with
the proclamation. Director Diekmann shared that the Planning and Housing Department enjoys
working for the City and for the City Council.
CONSENT AGENDA: Moved by Corrieri, seconded by Beatty-Hansen, to approve the consent
agenda.
1. Motion approving payment of claims
2. Motion approving Summary Minutes of Regular Meeting on October 10, 2023
3. Motion approving Report of Change Orders for period October 1-15, 2023
4. Motion approving Premise Update for Class C Retail Alcohol License – Rinconcito Hispano
Tienda y Taqueria, 823 Wheeler Street
5. Motion approving Premise Update for Class C Retail Alcohol License – Levy @ Scheman
Building, 1805 Center Street
6. Motion approving Ownership Update for Special Class C Retail Alcohol License – Hampton
Inn & Suites, 2100 Southeast 16th Street
7. Motion approving new 5-Day (October 27 – October 31, 2023) Class C Retail Alcohol License
– Mucky Duck Pub, 2601 East 13th Street
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8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses:
a. Class C Retail Alcohol License – Sams Place, 125 Main Street, Pending Dramshop
Review
b. Special Class C Retail Alcohol License – Chicha Shack Ames Inc, 131 Welch Avenue
9. Motion approving request from ISU Homecoming Central Committee for Fireworks Permit for
display from ISU Central Campus at midnight on Friday November 3, 2023, for Mass
Campaniling
10. Motion directing City Attorney to Draft an Ordinance establishing No Parking on Bailey Avenue
11. Requests from ISU Homecoming Central Committee for ISU Homecoming Events on Friday
November 3rd, 2023:
a. ExCYtement in the Streets
i. Motion approving Blanket Temporary Obstruction Permit
ii. RESOLUTION NO. 23-552 approving closure of portions of Sunset Drive, Ash
Avenue, Gray Avenue, and Pearson Avenue from 4:00 p.m. to 12:00 a.m.
iii. RESOLUTION NO. 23-553 approving suspension of parking regulations for closed
areas from 4:00 p.m. to 12:00 a.m. on Friday, November 3rd, 2023
12. RESOLUTION NO. 23-554 approving the addition of seven 45-watt LED lights on 35’ bronze
fiberglass street light poles at a total cost of $54.95 plus energy charge and taxes per month to
existing Alliant Energy Electric Tariff #1
13. Final Plat for Ansley Subdivision, 1st Addition (3210 Cedar Lane)
a. RESOLUTION NO. 23-555 approving Final Plat and Public Improvements Agreement
14. RESOLUTION NO. 23-556 authorizing and approving a Loan Agreement, providing for the
sale and issuance of General Obligation Corporate Purpose Bonds, Series 2023D, and
providing for the levy of taxes to pay the same
15. RESOLUTION NO. 23-557 setting November 14, 2023, as date of public hearing for
approving sale of City-owned Lot 1 in the Baker Subdivision to Habitat for Humanity of
Central Iowa
16. RESOLUTION NO. 23-558 approving professional services agreement with Sustainable
Environmental Consultants, West Des Moines, Iowa, for design associated with FY 2023/24
Story County Edge-of-Field Project
17. RESOLUTION NO. 23-559 awarding contract to Ziegler Caterpillar of Minneapolis,
Minnesota for purchase of three 2023 Caterpillar 430 Tractor-Loader-Backhoes with
comprehensive 5-year warranty
18. RESOLUTION NO. 23-560 awarding contract to Farris Engineering, of Omaha, Nebraska, for
Engineering Services to Design Load Center Replacement at the Power Plant, in the amount
not to exceed $122,822
19. RESOLUTION NO. 23-561 awarding contract to Farris Engineering, of Omaha, Nebraska, for
Engineering Services to Design Standby Generation at the Power Plant, in the amount not to
exceed $100,118
20. RESOLUTION NO. 23-562 approving Change Order No. 1 with In Situ Archeological
Consulting for the North River Valley Wellfield and Pipeline Project in the amount of $35,240
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21. RESOLUTION NO. 23-563 accepting the 2022/23 Asphalt Street Pavement Improvements
(28th Street) project as completed by Manatt’s Inc., of Ames, Iowa in the amount of
$867,082.40
Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum.
Richard Deyo, 505 8th Street #102, Ames, shared his concerns with community involvement.
Bob Haug, 3517 Oakland Street, Ames, presented concerns with, and alternatives to, the current
waste management system in Ames. Mr. Haug shared that as a member of the Ames Climate
Action Team, the group had been focused on the relationship between climate action and waste
management. He stated that action was needed on a range of questions, such as volume of the
system, what gets recycled, and how to handle organic waste.
Mayor Haila closed the Public Forum when no one else came forward to speak.
PURCHASE OF MOBILE OPERATIONS TRAILER: Fire Chief Rich Higgins presented the
Council Action Form (CAF). He shared the history of the current Incident Command Center (ICC),
and how the ICC needed replacement to remain effective and dependable into the future. This goal
led to discussion among City staff around purchasing a trailer which could be utilized by multiple
departments in emergency and nonemergency circumstances. Chief Higgins shared that one of the
goals of the trailer was versatility, to be able to meet the public where they are at to serve the
various needs of the community. He also shared that this trailer could be pulled by any City vehicle
so there would not be an additional license required to drive the trailer to where it was needed.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-564 awarding
contract to JHB Group, Inc. for the purchase of a Mobile Operations Trailer, in the amount of
$214,233.60.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2023D: Mayor
Haila noted that an item on the consent agenda should have been pulled for discussion.
Moved by Beatty-Hansen, seconded by Junck, to reconsider the motion to approve consent.
Roll Call Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to approve the consent agenda less Item No. 14.
Roll Call Vote on Motion: 6-0. Motion declared carried unanimously.
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Finance Director Corey Goodenow presented the CAF and shared that issuance of these bonds was
necessary to accomplish the City’s approved Capital Improvement Projects during the fiscal year
such as funding for infrastructure and the Fitch Family Indoor Aquatic Center. Susanne Gerlach,
with PFM, presented the bids received and shared she was pleased to be able to report that the City
was able to receive good rates. She shared that PFM recommends award of the bonds. Council
Member Gartin gave credit to City Manager Steve Schainker and the Finance Department for
placing the City in a strong financial position.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-556 authorizing
and approving a Loan Agreement, providing for the sale and issuance of General Obligation
Corporate Purpose Bonds, Series 2023D, and providing for the levy of taxes to pay the same.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
2023/24 INTELLIGENT TRANSPORTATION SYSTEM PHASE 3: Civil Engineer Mark
Gansen and Traffic Engineer Damion Pregitzer presented the CAF. Engineer Gansen stated the
Phase 3 project will include installing hardware in the utility room of the Homewood Clubhouse
as well as installing conduits and fiber between the clubhouse and 20th Street. Due to Federal
regulations, any impacts from the project to Homewood Clubhouse needed to be fully evaluated,
and the public needed to have an opportunity for Public Input to move forward with bidding the
project. Engineer Gansen also noted that some of the benefits to utilizing Homewood Clubhouse
were an existing climate-controlled area, no need for additional construction or maintenance, and
the project will integrate Homewood Clubhouse with the rest of the City fiber network.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Corrieri, seconded by Junck, to adopt RESOLUTION NO. 23-565 approving conceptual
design.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ESTABLISHMENT OF SPEED LIMITS ON OAKWOOD ROAD AND TIMBERLAND
ROAD: Engineer Pregitzer gave the history of the project that necessitated the ordinance request,
stating that area residents expressed a desire to address unsafe traffic speeds. A speed study was
conducted by City staff which led to the proposed change in speed limit. The proposed speed limit
change would also serve to help support the safety of pedestrians and bicyclists, explained
Engineer Pregitzer. Staff’s recommendation based on the speed study was to reduce the speed limit
from 40 MPH to 35 MPH from University Boulevard to Timberland Road, while the portion of
Oakwood Road from Timberland Road to State Avenue will remain 40 MPH.
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Mayor Haila asked City staff to elaborate on why the speed limit would not be congruent through
the stretch of road. Engineer Pregitzer stated that City staff had done a study on the entire extent
of the road and found there was a natural speed break to the east, which the 2022/23 Asphalt Street
Pavement Program (Oakwood Road) had enhanced. To the west, City staff expected poor
compliance if the speed limit were to be lowered to 35 MPH but noted that further urbanization of
the area would bring that change. Engineer Pregitzer explained that safety and crash history were
evaluated as a part of the speed study.
Mayor Haila opened the Public Input.
Will Determan, 1008 Lincoln Way, shared his suggestion to reduce the speed limit to 30 MPH.
Mayor Haila closed the Public Input when no one else came forward to speak.
Moved by Gartin, seconded by Rollins, to direct City Attorney to Draft an Ordinance establishing
35 MPH speed limit on Oakwood Road from University Boulevard to Timberland Road, and 40
MPH from Timberland Road to State Avenue.
Vote on Motion: 6-0. Motion declared carried unanimously.
2024/25 SOUTH 16TH STREET ROADWAY WIDENING DESIGN PROJECT: Municipal
Engineer Tracy Petersen presented the CAF, and explained this project would allow for two lanes
in either direction as well as a shared used path on both sides of the roadway. She stated this would
also include a new traffic signal and Americans with Disabilities Act improvements. Engineer
Petersen noted that City staff had been coordinating closely with Iowa State University (ISU)
Facilities Planning and Athletic Departments. These partnerships led to the decision to plan for
two construction seasons to accommodate football traffic and student traffic to the veterinary
school buildings.
Mayor Haila opened the Public Input.
Will Determan, 1008 Lincoln Way, stated his belief that a focus on safety was important with the
number of citizens who live in the proposed construction zone.
Mayor Haila closed the Public Input when no one else came forward to speak.
Mayor Haila asked Engineer Petersen to define what widening the road would include. Engineer
Petersen responded that increasing the roadway to two lanes in each direction would allow for
more storage capacity for vehicles with safety in mind. Council Member Gartin noted that this was
important as the current road was never designed for the traffic demand it has received as infill
and intensification have increased in this area, and thanked City staff for their focus on safety
throughout the project.
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Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-566 approving
Professional Services Agreement with Shive Hattery, West Des Moines, Iowa, for the 2024/25
South 16th Street Roadway Widening Design Project in an amount not to exceed $273,250.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
STAFF REPORT ON PURSUING A GRANT APPLICATION FOR CHAUTAUQUA
PARK-RIDGEWOOD HISTORIC DISTRICT: Planner Sahlstrom presented the Staff Report
and provided a brief history of the request. She shared there was extensive neighborhood outreach
done, but that the next steps in the process would require a consultant. Due to the need for a
consultant, the ad hoc committee representing the neighborhood was requesting support and
assistance to proceed with the grant application. Planner Sahlstrom clarified that the application
would be for a listing on the National Register of Historic Places, which would not have mandatory
design requirements on the property. Only properties utilizing federal assistance would be subject
to design restrictions. Additionally, as a Certified Local Government, the City of Ames qualifies
as an applicant for two state grant programs. Planning Department staff were seeking direction on
the priorities of the City Council, as the fall grant window had been extended.
Mayor Haila inquired how many staff hours would be required to pursue this project. Planner
Sahlstrom explained she was still working to determine an exact number, but expected it to be
under 150 hours, with the possibility of less than 80 staff hours being required once the consultant
is retained. She also elaborated that the grant application would come before the City Council for
approval before staff submittal. Planner Sahlstrom assured the City Council there would be more
opportunity to discuss the scope of work and if the City would like to proceed at that time.
Mayor Haila opened the Public Input.
Helen Jensen, 929 Brookridge Avenue, Ames, shared her experience of the overwhelming support
from the community for pursuing the grant.
David Russell, 1212 Parkway Drive, Ames, shared the unique history of the area and the pride the
neighborhood would have in this designation.
Mayor Haila closed the Public Input when no one else came forward to speak.
City Manager Schainker asked staff to clarify the difference between Option One and Option Two.
Director Diekmann shared the main difference between the two options was the timeframe in
which action would be pursued and if the City was willing to commit funding. He furthered that
the goal of staff was for the process to become consultant-driven to alleviate the burden on staff
time. Director Diekmann also stated that the December 12 deadline would be the most
advantageous and that preparation of the application was not a large portion of the staff hours
invested in the project. Time to administer the survey attached with the project would take the
most time and would fall under the consultant’s purview. Council Member Betcher noted that the
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professional consultant would reduce the staff hours needed considerable, and she believed the
City Council should accept the recommendation on the timeframe. She also shared that as a
Certified Local Government, Ames has a responsibility to identify new historic districts.
Moved by Betcher, seconded by Beatty-Hansen, to pursue Option 1- Direct staff to prepare a grant
application in 2023/24 and upon notice of grant award to implement the project in FY 2024/25.
Council Member Corrieri questioned how time sensitive spending the funds from any grants would
be. Director Diekmann stated there was a year to spend the funds, so the City Council could expect
to see the project in the summer of 2024. Council Member Beatty-Hansen noted there were already
sunk costs with staff time, and negotiations while defining the scope of work for the consultant
could shift the majority of the workload off staff.
Vote on Motion: 6-0. Motion declared carried unanimously.
STAFF REPORT ON REDUCED AFFORDABLE HOUSING PARKING RATE: Planner
Schoeneman presented the Staff Report and stated that this was the first step in an affordable
housing initiative. She explained that currently in Ames, affordable housing has the same parking
rates as market properties. Through evaluation of actual utilization rates and peer communities,
staff found that one space per unit is closer to the need for affordable housing. The proposed
ordinance targets households at or below 60% of the Area Median Income. Planner Schoeneman
also highlighted the impact parking design has on costs, design, and sizing of affordable housing.
She also explained that the ordinance has a two-tiered approval approach with contingencies for
both staff and City Council approval. Furthermore, Planner Schoeneman explained the concerns
presented by the Planning and Zoning Commission and how those had been rectified before the
commission had endorsed the ordinance.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Junck, to pursue Option 1 - Direct staff to proceed with
preparing a draft ordinance consistent with Attachment A for staff approval of a reduction to 1.0
parking spaces for two bedrooms or less and for 1.5 spaces per unit for 3- and 4-bedroom units
and to allow City Council approval of additional reductions all subject to approval of minimum of
a 30-year affordability agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
PLANNING DIVISION WORK PLAN UPDATE: Director Diekmann presented the Work Plan
Update and requested feedback from the City Council on their priorities. He stated the Work Plan
Update was intended to give the City Council a sense of the magnitude of various projects that
were in progress. Director Diekmann also explained the Plan was not sequential as there were
several major projects planned and in progress. Mayor Haila suggested that the City Council
consider the Work Plan Update in more detail at the annual retreat in January, as that would provide
time for the City Council to look in depth at the categorization of priorities. He furthered that if
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there were any items the City Council wanted to see removed from the Work Plan Update, that
could be done, otherwise he recommended the Work Plan Update be for information only.
Director Diekmann identified administrative exemptions, redevelopment areas, short term housing
task force recommendations, and the Downtown planning effort as substantial items contributing
to staff’s workload. After thorough conversations about priorities, current workloads, and options
moving forward, the City Council acted on several items with the rest to be considered at the City
Council retreat in January.
Moved by Corrieri, seconded by Beatty-Hansen, to ask staff to reach out to Alliant and inform
them that they can proceed with applying for a Zoning Text Amendment.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Rollins, to ask staff to proceed with changes to Municipal Code
Chapter 22 regarding the Pullman Street request.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Betcher, seconded by Beatty-Hansen, to ask the Historic Preservation Commission to
clarify why it believes Municipal Code Chapter 31 needs to be revised.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON 2023 CDBG/HOME CONSOLIDATED ANNUAL PERFORMANCE
REPORT (CAPER): Housing Coordinator Vanessa Baker-Latimer presented the CAF.
Coordinator Baker-Latimer stated that for the 2022-23 program year, approximately $248,941.67
(including administration and program income) of CDBG funds were expensed. Of the
$248,941.67, $51,001.04 was generated program income. Approximately $117,166.80 was
administrative expenses and $131,774.87 (including program income) were expensed on the 2022-
23 program activities. Additionally, $128,547.65 was acquisition/demolition of slum and blighted
properties and $3,227.22 was expensed on Rehabilitation/Disposition for ReUse and disposition
of lots in the Baker Subdivision. Under the HOME Program, approximately $22,360.02 was spent
only on program administration. For the CDBG CARES (COVID-19) funds, approximately
$9,622.09 was expensed for program administration, and no funds were expensed on
programming.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 23-567 approving the
submittal of the City’s 2022/23 CAPER.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2022/23 TRAFFIC SIGNAL PROGRAM – STATE & MORTENSEN: The
Public Hearing was opened and closed by Mayor Haila when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Rollins, to accept the report of bids.
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Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 23-568 approving final plans
and specification and awarding contract for 2023/24 Traffic Signal Program to Kline Electric dba
Heartland Underground Solutions of Des Moines, Iowa, in the amount of $140,755.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 23-569 awarding
traffic signal poles purchase to Valmont Industries of Omaha, Nebraska, in the amount of $64,676
for the 2022/23 Traffic Signal Program.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2023 CDBG/HOME CONSOLIDATED ANNUAL PERFORMANCE
REPORT (CAPER): Mayor Haila noted that the Public Hearing was mistakenly not opened on
the CAPER. The Public Hearing was opened and closed by Mayor Haila when no one came
forward to speak.
HEARING ON AMENDMENTS TO THE DOWNTOWN URBAN REVITALIZATION
AREA: Mayor Haila asked if notice had been sent to the affected property owners. Director
Diekmann stated that there was a published notice to satisfy all legal requirements; however no
courtesy mailing sent out. He confirmed that there were no timing issues as long as the ordinance
was adopted before the end of the year. Mayor Haila suggested the Public Hearing be continued
to allow for notification of the affected property owners.
The Public Hearing was opened by Mayor Haila.
Moved by Rollins, seconded by Gartin, to continue the Public Hearing to November 14, 2023.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Rollins, to table the item until November 14, 2023.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Gartin, to notify the affected parties on the 100 Block of Kellogg
Avenue of the proposed amendments to the Downtown Urban Revitalization Area.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON ZONING TEXT AMENDMENT FOR LANDSCAPE AND OPEN SPACE
EXCEPTIONS RELATED TO ELECTRIC VEHICLE CHARGING EQUIPMENT: The
Public Hearing was opened and closed by Mayor Haila when no one came forward to speak.
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Moved by Corrieri, seconded by Junck, to approve on first reading an Ordinance on Zoning Text
Amendment for Landscape and Open Space Exceptions related to Electric Vehicle Charging
Equipment.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
three items to consider. A memo from the Historic Preservation Commission regarding Municipal
Code Chapter 31 revisions was first. Mayor Haila noted that this memo had been addressed in
conjunction with a previous item.
Next, an email from Rebecca Flint addressing a request to limit the hours of garbage hauler
operations was discussed.
Moved by Beatty-Hansen, seconded by Junck, to request Mayor Haila respond that the City
Council is looking into waste management systems.
Vote on Motion: 6-0. Motion declared carried unanimously.
Keith Abraham, Parks and Recreation Director, submitted a memo about USDA Forestry Grant
Acceptance. City Manager Schainker stated this item was for information only and would come
back with an agreement at a later date.
COUNCIL COMMENTS: Council Member Gartin shared that it was great to have a reporter
from the Ames Tribune available to cover the City Council meetings to keep the community up to
date.
Ex-officio Jeff Clark encouraged all who would be able to attend the joint meeting of the Ames
City Council and ISU Student Government to look through the agenda for the meeting on
Wednesday, October 25, 2023. He expressed his excitement for the discussions and topics.
Council Member Betcher shared that she hoped to attend the joint meeting and thanked the City
Council for accommodating her via Zoom.
ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri, to adjourn at 7:48 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.