HomeMy WebLinkAbout~Master - July 18, 2023, Regular Meeting of the Ames City CouncilSUMMARY OF MINUTES OF THE MEETING OF THE AMES AREA
METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION
POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 18, 2023
The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee
meeting was called to order by Ames Mayor Pro Tem and voting member Gloria Betcher at 6:00
p.m. on the 18th day of July, 2023. Other voting members present were: Bronwyn Beatty-Hansen,
City of Ames; Amber Corrieri, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of
Ames; and Linda Murken, Story County Board of Supervisors. Ames Transit Agency
Representative Jian Janes was brought in telephonically. Ames Mayor and voting member John
Haila was absent. Voting member Tim Gartin, City of Ames; entered the meeting at 6:01 p.m.
PRESENTATION OF FINDINGS OF 190TH STREET CORRIDOR STUDY: Traffic
Engineer Damion Pregitzer discussed the background of the study. Consultant Jennifer McCoy, of
Bolton & Menk, presented the findings.
Moved by Gartin, seconded by Corrieri, to accept the report.
Vote on Motion: 2-6.Voting Aye: Corrieri, Gartin. Nay: Betcher, Beatty-Hansen, Janes, Junck,
Murken, and Rollins. Motion failed.
Moved by Junck, seconded by Murken, to table the vote to August 8, 2023.
Vote on Motion: 6-2. Voting Aye: Betcher, Beatty-Hansen, Janes, Junck, Murken, and Rollins.
Voting Nay: Corrieri, Gartin. Motion declared carried.
Moved by Murken, seconded by Janes, to review MPO documents that constitute the organization.
Motion withdrawn.
PRESENTATION OF FINDINGS OF S. DUFF AVENUE INTERCHANGE AND
CORRIDOR STUDY: Mike Forsburg of HDR presented the background and findings of the
study.
Moved by Gartin, seconded by Rollins, to accept the report.
Vote on Motion: 8-0. Motion declared passed unanimously.
POLICY COMMITTEE COMMENTS: Council Member Gartin shared a reminder that the long
range growth plan is to add 15,000 people to the community, which requires balance between
housing availability and transportation to support climate change goals.
ADJOURNMENT: Moved by Murken, seconded by Junck, to adjourn the meeting at 7:43 p.m.
Vote on Motion: 8-0. Motion declared carried unanimously.
SUMMARY OF MINUTES OF THE
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 18, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Gloria
Betcher at 7:50 p.m. on the 18th day of July, 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 Tabitha Etten was also present.
Mayor John Haila was absent.
CONSENT AGENDA: Moved by Corrieri, seconded by Gartin, to approve the consent agenda.
1. Motion approving payment of claims
2. Motion approving new 5-Day (September 3 – September 7, 2023) Class C Retail Alcohol
License with Outdoor Service – Apres Bar Co., 2015 Cessna Street
3. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor
Licenses:
a. Class C Liquor License with Catering Privilege and Outdoor Service – Cyclone
Experience Network, 1800 S 4th Street, Pending Dramshop Status
b. Class C Liquor License – Hy-Vee Market Grille, 640 Lincoln Way
c. Class E Liquor License – Fareway Meat Market #189, 3720 Lincoln Way
d. Class C Liquor License with Catering Privilege and Outdoor Service – Sweet Carolines,
316 Main Street
e. Class C Liquor License with Catering Privilege and Outdoor Service – The Mucky Duck
Pub, 3100 S. Duff Avenue, Pending Dramshop Status
f. Class E Liquor License – Kum & Go #1215, 4506 Lincoln Way
g. Class C Liquor License – El Azteca, 2120 Isaac Newton Drive
h. Special Class C Liquor License – Hickory Park Restaurant, 1404 S. Duff Avenue
i. Special Class C Retail Alcohol License – Botanero Latino, 604 East Lincoln Way,
Pending Dramshop Status
4. RESOLUTION NO. 23-410 approving request to join the Mid-Iowa Planning Alliance
through June 30, 2024, in the amount of $9,965.00
5. RESOLUTION NO. 23-411 approving Quarterly Investment Report for period ending June
30, 2023
6. RESOLUTION NO. 23-412 designating a City Staff member to serve in lieu of the appointed
member of City Council for the Ioway Creek Watershed Management Authority and
Headwaters of the South Skunk Watershed Management Authority
7. RESOLUTION NO. 23-413 authorizing the Mayor to sign “Certification of Local
Government Approval” on behalf of local nonprofit organizations applying for Emergency
Shelter Grant (ESG) Funds
8. Requests from Octagon Center for the Arts for Octagon Art Festival on Sunday, September
24, 2023
a. Motion approving a blanket Temporary Obstruction Permit and a blanket Vending
License for the Central Business District
b. RESOLUTION NO. 23-414 approving closure of the following streets from 5:00 a.m.
to 6:00 p.m.
i. Main Street, east of Clark to just west of Duff Avenue
ii. Douglas Avenue between 5th Street and Main Street
iii. Kellogg Avenue between south of the alley and Main Street
iv. Burnett Avenue between south of the alley and Main Street
c. RESOLUTION NO. 23-415 approving waiver of fee for blanket Vending License
d. RESOLUTION NO. 23-416 allowing usage of electricity and approving waiver of costs
of electricity
9. Requests for ECO Fair on Saturday, September 30, 2023:
a. Motion approving blanket Temporary Obstruction Permit
b. Motion approving blanket Vending License
c. RESOLUTION NO. 23-417 approving closure of 5th Street from Pearle Avenue to Clark
Avenue from 7:00 a.m. to 2:00 p.m. on Saturday, September 30
d. RESOLUTION NO. 23-418 approving closure of 35 metered spaces along 5th Street
from7:00 a.m. to 2:00 p.m. on Saturday, September 30.
e. RESOLUTION NO. 23-419 approving waiver of Vending License fee
f. RESOLUTION NO. 23-420 approving waiver of parking meter fees
10. Underground Trenching Contract for Electric Services:
a. RESOLUTION NO. 23-421 approving contract renewal and bond with Ames Trenching
& Excavating of Ames, Iowa from date of award through June 30, 2024, in an amount
not to exceed $400,000
b. RESOLUTION NO. 23-422 approving renewal of secondary contract and bond with
Zoske Electrical Services, Inc., of Iowa Falls, Iowa, from date of award through June 30,
2024, in an amount not to exceed $100,000
11. Milsoft Utility Solutions for Electric Services:
a. RESOLUTION NO. 23-423 waiving purchasing policies and procedure requirements for
competitive bidding to award a single source procurement
b. RESOLUTION NO. 23-424 awarding contract to Milsoft Utility Solutions, Abilene,
Texas for Computerized Outage Management System for the Power Plant in the amount
of $58,826.46
12. RESOLUTION NO. 23-425 authorizing Change Order No.1 to Incorp Industries, LLC of
Evansville, Indiana for $ 226,500 (inclusive of sales tax) for extra work on the Unit 8
Electrostatic Precipitator Insulation and Lagging Project
13. RESOLUTION NO. 23-426 approving Professional Service Agreement No. 1 with WHKS &
Co. of Ames, Iowa for the 2022/23 Sanitary Sewer Rehabilitation Construction Observation,
thereby adding US Highway 69 project location to contract, in the amount of $79,500
14. RESOLUTION NO. 23-427 accepting year one of the five-year Water Plant Well
Rehabilitation Contract as completed by Northway Well and Pump Company of Waukee,
Iowa in the amount of $141,377.00
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Pro Tem Betcher opened the Public Forum.
Richard Deyo, 505 8th Street Apt. #2, Ames, discussed his concerns about clothing requirements
in Council Chambers.
Mayor Pro Tem Betcher closed the Public Forum when no one else came forward to speak.
ES TAS LIQUOR LICENSE: Chief of Police Geoff Huff presented the Council Action Form
(CAF).
Mayor Pro Tem Betcher opened the Public Input.
Luke Craven, 699 Walnut Avenue, Des Moines, spoke in favor of renewing the liquor license.
Mayor Pro Tem Betcher closed the Public Input.
Moved by Gartin, seconded by Beatty-Hansen, to deny renewal of Class C Retail Alcohol License
– Terry & Andy’s Tacos Inc. (Es Tas) 216 Stanton, Pending Dramshop Status.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST READING OF MINIMUM EXTERIOR PROPERTY MAINTENANCE
ORDINANCE: Mayor Pro Tem Betcher read a letter from Mayor Haila outlining the history of
the proposed property maintenance code. Fire Chief Rich Higgins and Building Official Sara Van
Meeteren presented on the proposed property maintenance code.
Moved by Junck, seconded by Beatty-Hansen to approve Alternative 2, to continue Public Hearing
to August 8, 2023.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to change Section 17a to read “roofing materials
shall be in good condition and made up of materials appropriate to the application ,” and remove
“consistent coloration.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to change Section 17c to take out “in good
condition.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Junck, to amend the wording of Section 17d to read
“exterior walls are free of holes and made of material appropriate to the application" and remove
everything else.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to amend the wording in the first sentence of
Section 17h to remove the phrase after “intact” (not in a condition of deterioration, are of uniform
coloration and are not patched with dissimilar materials) to read “not in a condition of
deterioration, are of uniform coloration and are not patched with dissimilar materials” and remove
“no flaking or chipped paint or outer loose material dominates or detracts from the exterior
appearance of the structure.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Junck, to amend the wording of the last sentence of Section
17i to read “all fencing shall be of materials appropriate to the application.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Rollins, to amend Section 30.5, Item 3 to read “longer than
60 days.”
Motion withdrawn.
Moved by Beatty-Hansen, seconded by Rollins, to amend the wording of Section 13 to read
“noxious weeds or those deemed invasive by the City Forester.”
Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting
Nay: Gartin.
Motion declared carried.
The Public Hearing was opened by Mayor Pro Tem Betcher.
Ann Rezarch, 1414 Kellogg Avenue, Ames, stated the ordinance should be communicated so that
a person does not have to be present at the meeting to have it make sense. She noted that pitting
neighbor against neighbor is a dangerous move.
Keith Kutz, 621 7th Street, Ames, shared he supported the spirit of the ordinance, but thought
problems arose when the ordinance crossed over into subjective. He asked that property value
concerns be taken out.
Brenda Kutz, 621 7th Street, Ames, thanked the City Council for addressing several of her concerns
already. She stated her concern for the health of trees in the community with the proposed pruning
requirements.
Austin Stewart, 437 Hilltop Avenue, Ames, stated he was concerned with protecting the vulnerable
members of society and unless there is a guarantee to have assistance or some sort of program to
help people maintain these things, the ordinance is “punitive.”
Sharon Stewart, 437 Hilltop Avenue, Ames, stated the Appeals board was so specific that the
intention was lost, and that would be dangerous. She shared the need to focus on being kind to
each other, reach out and help each other.
Robbie Kroeschell, 771 7th Street, Ames, shared the potential of needing to add more staff time for
enforcement and inspections does not seem like something that can be ignored.
Jeri Neal, 916 Ridgewood Avenue, Ames, advocated for oversight of the complaint process. She
encouraged staff that it seems crucial to have accessible, well-defined pathways to have approval
given before action is taken on a property. Ms. Neal thanked the City Council for clarifying the
intent of the ordinance.
Mayor Pro Tem Betcher closed the Public Hearing when no one else came forward to speak.
Moved by Junck, seconded by Beatty-Hansen to have Section 30.1 state “The purpose of this
chapter is to protect the health, welfare, and safety of the citizens of the City of Ames by
establishing minimum property maintenance standards; to provide for the removal of nuisances as
defined in this chapter; and for the enforcement and penalties for violation hereof.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Junck, to insert language that the “property remain fit for
occupancy” in Section 30.1.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Beatty-Hansen, that penalties are reduced in Section 30.3 to $50
fine for a first infraction, and subsequent infraction fines being $100.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Beatty-Hansen, to have staff reevaluate the subjectiveness of the
definition of injurious in Section 30.5.
Motion withdrawn.
Moved by Rollins, seconded by Beatty-Hansen, to have Section 30.5 state only “nuisances shall
include the following.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Betcher, seconded by Corrieri, to ask staff to bring back language that covers dead trees
on private property that could endanger the property of others.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST READING OF AN ORDINANCE AMENDING AMES MUNICIPAL CODE
SECTION 11.4 REGARDING URINATION AND DEFECATION: The Public Hearing was
opened and closed by Mayor Pro Tem Betcher when no one came forward to speak.
Moved by Corrieri, seconded by Rollins, to pass on first reading an ordinance Amending Ames
Municipal Code Section 11.4 Regarding Urination and Defecation.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND READING OF ORDINANCE ON REZONING OF 314 BORNE AVENUE FROM
GENERAL INDUSTRIAL (GI) TO GOVERNMENT/AIRPORT DISTRICT (S-GA):
Moved by Beaty-Hansen, seconded by Corrieri, to pass on second reading an ordinance on
Rezoning of 314 Borne Avenue from General Industrial (GI) to Government/Airport District (S -
GA).
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND READING OF ORDINANCE ON ZONING TEXT AMENDMENT TO
PARKING STANDARDS FOR RETAIL SALES AND SERVICES-GENERAL TO TWO
SPACES PER 1,000 SQUARE FEET: Moved by Rollins, seconded by Corrieri, to pass on
second reading an ordinance on Zoning Text Amendment to Parking Standards for Retail Sales
and Services-General to two spaces per 1,000 square feet.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Pro Tem Betcher noted
there were five items of correspondence to be considered.
The first was a compilation of emails from Ames Residents with public comments on the proposed
minimum exterior property maintenance ordinance. Mayor Pro Tem Betcher noted these were for
information only.
The second was a letter from Eric and Shelly Mathre with a Rezoning Request.
Moved by Beatty-Hansen, seconded by Corrieri, to request a memo from staff with options.
Vote on Motion: 6-0. Motion declared carried unanimously.
A letter from Chuck Winkleblack requesting an amendment to the Dayton Avenue Development
Agreement regarding the First Speculative Building Completion Date was next.
Moved by Corrieri, seconded by Rollins to place the item on a future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
The next item was a letter from Justin Dodge requesting an amendment to the Auburn Trail
Subdivision Development Agreement with a Trigger Mechanism for Completion of Path on West
Side of Hyde Avenue.
Moved by Betcher, seconded by Rollins, to request a memo from staff with options.
Vote on Motion: 6-0. Motion declared carried unanimously.
The last item was a letter from Planning and Housing Director Kelly Diekmann regarding a request
to amend Cedar Lane Paving Requirement for Ansley Subdivision.
Moved by Gartin, seconded by Beatty-Hansen, to place the item on a future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: The Mayor Pro Tem and Council Members reported on various
meetings attended, upcoming meetings, community events, and items of interest.
Moved by Beatty-Hansen, seconded by Junck, to request the Legal Department provide
information on if it is legal to have your shirt off in Council Chambers.
Motion withdrawn.
CLOSED SESSION: Council Member Junck asked City Attorney Mark Lambert if there was a
legal reason to go into Closed Session. Attorney Lambert replied in the affirmative citing Section
20.17(3), Code of Iowa, to discuss measures presently in or threatened to be in litigation.
Moved by Corrieri, seconded by Beatty-Hansen, to go into Closed Session at 10:10 p.m.
Roll Call Vote: 6-0. Motion declared carried unanimously.
The City Council reconvened in Regular Session at 10:50 p.m.
Moved by Corrieri, seconded by Beatty-Hansen, to pursue the course of action as determined in
the Closed Session.
Roll Call Vote: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting
Nay: Gartin. Motion declared carried.
ADJOURNMENT: Moved by Corrieri, seconded by Beatty-Hansen, to adjourn the meeting at
10:51 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Grace Bandstra, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk