HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 03/06/2018MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 6, 2018
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m.
on March 6, 2018, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law.
Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Tim Gartin, David Martin,
and Chris Nelson. Ex officio Member Rob Bingham was also present.. Council Member Corrieri
arrived at 6:16 p.m.
Mayor Haila referenced the corrected Public Art Acquisition description of location.
CONSENT AGENDA: Moved by Beatty-Hansen, seconded by Gartin, to approve the following
items on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving Special Meeting of February 20, 2018, and Regular Meeting of February 27,
2018
3.Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a.Class C Liquor & Outdoor Service – Coldwater Golf Links, 1400 S. Grand Avenue
b.Class E Liquor, C Beer, & B Wine – Kum & Go #227, 2108 Isaac Newton Drive
c.Class E Liquor, C Beer, & B Wine – Kum & Go #113, 2801 E. 13th Street
d.Class A Liquor & Outdoor Service – Elks Lodge #1626, 522 Douglas Avenue
4.Motion directing City Attorney to draft ordinance renaming section of Old Airport Road to
Green Hills Drive
5.Requests from Greek Week Committee for Polar Bear Plunge on April 6:
a.Motion approving blanket Temporary Obstruction Permit for activities
b.RESOLUTION NO. 18-098 approving closure of portion of Sunset Drive and eastern
portion of Pearson Avenue along the Greek Triangle from 10:00 a.m. to 11:00 p.m.
c.RESOLUTION NO. 18-099 approving suspension of parking regulations for closed area
from 10:00 a.m. to 11:00 p.m.
6.Request from Greek Week Committee for Greek Week Olympics on April 7:
a.Motion approving blanket Temporary Obstruction Permit for activities
b.RESOLUTION NO. 18-100 approving closure of portions of Gray Avenue, Ash Avenue,
Greeley Street, Pearson Avenue, Lynn Avenue, and Sunset Drive from 8:00 a.m. to 6:00
p.m.
c.RESOLUTION NO. 18-101 approving suspension of parking regulations for closed areas
from 8:00 a.m. to 6:00 p.m.
7.RESOLUTION NO. 18-102 approving appointments to various boards and commissions
8.RESOLUTION NO. 18-103 adopting New and Revised Fees for Rental Housing Regulation
effective July 1, 2017, through June 30, 2018
9.RESOLUTION NO. 18-104 adopting New and Revised Fees for Rental Housing Regulation
effective July 1, 2018, through June 30, 2019
10.RESOLUTION NO. 18-105 approving 2018 Neighborhood Art acquisitions
11.RESOLUTION NO. 18-106 approving Encroachment Permit for awnings at 131 Main Street
12.RESOLUTION NO. 18-107 approving Surface Transportation Block Grant Program Funding
Agreement with Iowa Department of Transportation for South Grand Avenue Extension in the
amount of $3,500,000
13.RESOLUTION NO. 18-108 approving preliminary plans and specifications for Lime Pond
Fencing Improvements; setting April 3, 2018, as bid due date and April 10, 2018, as date of
public hearing
14.RESOLUTION NO. 18-109 approving preliminary plans and specifications for 2017/18
Collector Street Improvements (Meadow Lane Avenue); setting April 4, 2018, as bid due date
and April 10, 2018, as date of public hearing
15.RESOLUTION NO. 18-110 approving preliminary plans and specifications for 2017/18 CDBG
Public Facilities Neighborhood Infrastructure Improvements (Tripp Street - Wilmoth Avenue
to State Avenue); setting March 28, 2018, as bid due date and April 10, 2018, as date of public
hearing
16.RESOLUTION NO. 18-111 approving preliminary plans and specifications for 2016/17
Concrete Pavement Improvements (Dawes Drive); setting April 4, 2018, as bid due date and
April 10, 2018 as date of public hearing
17.RESOLUTION NO. 18-112 approving preliminary plans and specifications for 2017/18 Seal
Coat Street Improvements (Carr Drive, Crestwood Circle, E. 16th Street, Linden Drive); setting
April 4, 2018, and April 10, 2018, as date of public hearing
18.RESOLUTION NO. 18-113 approving contract with Storey Kenworthy of Ames, Iowa, for
purchase and installation of furniture for City Hall, Water Plant, Animal Shelter, and Water
Meter in the amount of $53,702.91
19.RESOLUTION NO. 18-114 approving contract and bond for 2017/18 Traffic Signal Program
(East Lincoln Way and Dayton Avenue)
20.RESOLUTION NO. 18-115 approving contract and bond for 2016/17 Traffic Signal Program
(6th Street/Hazel Avenue)
21.RESOLUTION NO. 18-116 approving Change Order No. 1 with Sargent & Lundy, LLC, for
engineering services for Repair of RDF Storage Bin in an amount not to exceed $19,900
22.RESOLUTION NO. 18-117 accepting completion of 2015/16 Low-Point Drainage
Improvements (Westwood Drive)
23.RESOLUTION NO. 18-118 accepting completion of Bid No. 1 Gas Generator
Roll Call Vote: 5-0. 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. There being no one wishing to speak, the
Mayor closed Public Forum.
Mayor Haila announced that Item 24 was being postponed until Council Member Corrieri was
present.
HEARING ON AMENDMENTS TO FISCAL YEAR 2017/18 BUDGET: The Mayor opened
the public hearing and closed it after there was no one wishing to speak.
Moved by Nelson, seconded by Betcher, to adopt RESOLUTION NO. 18-119 approving the
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amended budget for current Fiscal Year ending June 30, 2018.
Roll Call vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON THE ADOPTION OF FY 2018/19 BUDGET: The public hearing was opened
by the Mayor. He closed the hearing after no one asked to speak.
Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 18-120 approving the FY
2018/19 budget.
Roll Call vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2018A GENERAL OBLIGATION CORPORATE PURPOSE LOAN
AGREEMENTS: Mayor Haila opened the public hearing. He closed the hearing after there was
no one wishing to speak.
Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 18-121 approving
entering into Loan Agreements in a principal amount not to exceed $8,525,000.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON ZONING TEXT AMENDMENT RELATING TO WIRELESS
COMMUNICATIONS FACILITIES: The public hearing was opened by the Mayor. He closed
the hearing after no one asked to speak.
Council Member Betcher stated that this is an item that must change because of State law changes.
Director Diekmann confirmed that because of State law changes the City had inconsistencies with
how to classify different types of wireless facilities as well as how to process them. The City must
change the definitions and processes at the same time repealing the whole Ordinance and replacing
it in its entirety. Some changes in the Ordinance were optional, but the major part is because of
statutory changes regarding how to permit these types of facilities. This issue deals with property not
in the right-of-way, but rather private property wireless facilities.
Moved by Betcher, seconded by Gartin, to pass on first reading an ordinance amending the zoning
text relating to wireless communications facilities.
Roll Call Vote: 5-0. Motion declared carried unanimously.
Mayor Haila noted that Item 29 was being postponed until Council Member Corrieri was present.
HEARING ON 2016/17 SHARED USE PATH SYSTEM EXPANSION (GRAND Ave. - 16th
STREET TO MURRAY DRIVE): The Mayor opened the public hearing and closed after there
was no one wishing to speak.
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Council Member Beatty-Hansen inquired as to why the bid came in significantly lower than
estimated. Municipal Engineer Tracy Warner responded that this project was out for bid sooner than
big street and highway projects and engineers were overly conservative on the cost estimate. Mayor
Haila stated that there was an email expressing concern for the cost of such a small amount being
done. Ms. Warner explained that this project is a higher-traffic-controlled area; there will be more
driveway and curb replacement along with spot gutter repairs and a bit of landscaping that will be
done. It continues with the Long-Range-Transportation Plan and other future network connections.
Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 18-122 approving
final plans and specifications and awarding the contract to Manatt’s, Inc., of Ames, Iowa, in the
amount of $49,920.40.
Roll Call vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Council Member Corrieri arrived at 6:16 p.m.
HEARING ON 2017/18 RIGHT-OF-WAY APPEARANCE ENHANCEMENTS (927
DAYTON AVENUE RETAINING WALL): Mayor Haila opened the public hearing. He closed
the hearing after there was no one wishing to speak.
Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 18-123 approving
final plans and specifications and awarding the contract to Country Landscapes, Inc., of Ames, Iowa,
in the amount of $112,492.37.
Roll Call vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
OPTIONS FOR 321 STATE AVENUE RESIDENTIAL DEVELOPMENT: Planning and
Housing Director Kelly Diekmann reminded Council that the about the City must start over with the
process for the development of this area. Council has moved ahead with the infrastructure and use
of the CDBG funds by approving the plans and specifications for Tripp Street. The time has come
for further direction in order to continue to work on plans for the development of housing on the site
in conjunction with the proposed 2018-19 CDBG Annual Action Plan.
Director Diekmann continued by outlining the following options:
Option 1 - Proceed with plans for development of the ten-acre site in a similar manner to the 2017
RFP that allowed for either attached or detached single-family structures. Staff would then prepare
a RFP and look for a partner developer/builder. The terms would be adjusted to account for changes
to the level of City subsidy and the requirement for only a minimum of 51% of the homes as
affordable. The homes would be three bedroom and not exceed $130,000.
Option 2 - Staff would contract for preparation of subdivision plans without a development partner.
This would be a simplified concept of single-family detached development. The City would be
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responsible for preparing and finalizing the subdivision layout and then identifying homebuilders
for the affordable home lots. The City would likely sell the market-rate lots to help support the
affordable-home lots.
Option 3 - Construct some multi-family housing to address low-income housing needs. Rental
housing would include a deed restriction limiting the use of the property to affordable housing for
20 to 30 years. Single-family homes could be a combination of market-rate and affordable homes.
If the construction of multi-family units meets all of the affordable housing production requirements,
there would be flexibility in the sales prices of the single-family homes. This option may be
financially viable with a development partner that would use Low-Income Housing Tax Credits. The
sale of single-family lots could also assist in lowering overall development costs.
Director Diekmann stated there are two different alternatives for the small apartment use to meet the
affordable housing goals for the Neighborhood Revitalization Strategy (NRSA). Multi-family could
be constructed on part of 321 State Avenue or it could be constructed on the Franklin Park site with
the construction of a new park at the 321 State Avenue site. Both alternatives have benefits of
broadening the range of low-income households that could benefit from the development of
affordable housing.
Mr. Diekmann concluded that staff recommended Option 3. Multiple objectives for affordable
housing and development of the 321 State Avenue site within the NRSA can be met with this option
to allow for both single-family ownership homes and small scale multi-family rental homes. Before
finalizing the RFP under this option, a neighborhood meeting should be held to help develop
parameters for the project; staff would present the RFP, describe the City’s goals, and define the
City’s financial resources supporting the project. Staff would seek proposals in early summer and
present the best proposals for City Council’s approval in late summer. If the Council prefers to focus
on only single-family options, Council will need to provide direction on pursuing a new developing
partner.
Council Member Betcher asked why Option 2 is only focused on a single-family detached
development. Mr. Diekmann responded that it would be more likely to find a builder for a detached
home, rather than an attached, who has experience building affordable housing. Staff is not a
developer or builder, so it is best to keep it as simple as possible if responsible for how the
development proceeds.
Council Member Corrieri inquired about if all the goals were met in the Consolidated five-year Plan
and how this project fits in that Plan. Housing Coordinator Vanessa Baker-Latimer explained that
the goal was based on an impediment study and the data received from HUD that stated Ames needs
more affordable housing. The two greatest needs are housing for both single-family homeowners of
low- and moderate-income and for renters. Once this site was purchased, it was then decided to use
CDBG funds that overlap with the goals set out with HUD. The City would be able to address those
two concerns in the five-year plan period. This was an opportunity to fulfill the need. It is never
known when another site this size would come along and be able to address both concerns. The City
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has tried to accomplish the goal by purchasing single-family foreclosures, but those are few and far
between. Only one duplex has been purchased to address this rental-housing concern. At the end
of the five years, there will have to be evidence to show what the City has done to address those
needs.
Mr. Diekmann stated, on average, the City increased the number of rental housing bedrooms by
1,000 beds per year for the last three-five years. None of these beds were deed- restricted affordable
rental units. When developing affordable rental units the expectation is to stay affordable for a 30-
year commitment. The guarantee of this is 20 to 30 years.
Council Member Gartin inquired about the prior lot configuration from the first developer. Director
Diekmann responded that $1.3 million of public infrastructure investment was to be in public street
construction, water line construction, and sanitary sewer and storm water facilities. That yielded 37
lots ( 20 affordable and 17 market rate). Council Member Gartin suggested a change for smaller lot
sizes to allow for an increase in density and to spread the development cost over a greater number
of lots. This would provide for additional attached housing and owner-occupied housing and again
increase density and spread the cost over a greater number of units. Director Diekmann stated in
theory that would work, but the issue is, with more than 37 units, there will be the need for more
infrastructure to be constructed so the total cost of the project will go up but the cost per-unit will
either decrease slightly or stay the same. The first proposal was for over 45 homes with an estimate
of $1.9 million. There was a need to pull back to a smaller scale project to match the funding the
City could contribute.
Jason Paull, 1007 Arkansas Avenue, Ames, spoke on behalf of A Mid-Iowa Organizing Strategy
(AMOS) Housing Team. The position is to see integration, increase the number of units and
diversity in the housing types in order to maximize this opportunity. There needs to be integration
of affordable units with market rate units. The number of available units should be increased by
incorporating attached housing and multi-family housing; in turn, there will be a decrease in the
prices of the housing. This would create more affordable housing and diversify occupancy. The
apartments that have been built in Ames in the last five years have been directed towards students
at a price that a working family cannot afford.
Diane Birt, 303 Hickory Drive, Ames, stated that her family supports the position of AMOS. The
project should focus on diverse homes including multi-family housing. Ms. Birt clarified the results
of a survey done in the College Creek/Old Middle School Neighborhood. Many neighbors did
support single-family housing, but many of those neighbors also supported other forms of housing,
such as multi-family housing too. She supports Option 3.
Joanne Pfieffer, 3318 Morningside Street, Ames, presented pie graphs, which represented the results
from a survey of 97 owner-occupied neighbors on what they would like done with 321 State Avenue.
Seventy-eight percent responded that they were not in favor of rentals. Owner-occupied homes
provide quality of life with a stable environment for children and a reliable and steady value of each
home. If multi-family rentals would be developed, it would change the neighborhood dramatically.
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The quality of life would suffer because of noise, safety, and connectivity. Ms. Pfieffer feels it is
already an unbalanced neighborhood and it needs balance. She supports owner-occupied homes.
Ms. Pfieffer also recalled that the neighbors were told there would be owner-occupied homes in this
area.
Linda Adams, 248 Village Drive, Ames, stated the importance of Franklin Park to the families and
children surrounding that Park. Ms. Adams added there are already many apartment buildings and
low-income housing in the area. She is against Option 3.
Sharon Stuart, 437 Hilltop Road, Ames, stated that there are benefits and negatives to changing
Franklin Park. Affordable housing in the area of Franklin Park puts people in close proximity to
resources. LITC would be instrumental in terms of funding and management of the affordable
apartments. A park being located along State Avenue would have better access for vehicles. Ms.
Stuart suggested going into the neighborhood and talking with the citizens about what is needed and
desired for a park in that area. The most important part of the homes being developed should be the
quality, whether owner-occupied or multi-family. This is a great opportunity for Ames to be
innovative.
Tony Ramey, 425 Hilltop Road, Ames, stated that he likes the amount of green space and the fact
that the multi-family housing would only be two-stories high. Mr. Ramey inquired about whether
the rest of the property could be all owner-occupied housing. Director Diekmann stated that the
belief is that it would be single-family product. Council would decide the ownership. Mr. Ramey
felt that would be a feasible option.
Director Diekman added that if the City were successful at getting a LITC project and the number
of apartment units was 51% or more of the combined production of housing, Council could put in
whatever type of housing wanted on 321 State Avenue for price point. The apartments alone can
meet full affordable housing obligation and the rest could be any type of housing and price.
Council Member Betcher expressed concerns about the future of LITC at the State and Federal level.
That could be an opportunity that won’t exist if the credits are taken away. She inquired if LITC
were not a part of the equation would there be a pool of developers interested simply because of the
multi-family component. Director Diekmann responded that it is possible, but asking an affordable
housing developer to build without subsidy could be difficult.
Council Member Beatty-Hansen stated that Council may want to try the single-developer again. She
recommended that the City attempt another RFP with more incentive or think about a more creative
product. She feels there should be another attempt for the single-family model.
Council Member Gartin stated Option 1 or 2 should be done because of the following: the
neighborhood was told it would be owner-occupied, thousands of rental bedrooms have been built
in the last five years and only a fraction of owner-occupied homes, 51% of these properties will be
at 80% low-middle income so there will be an affordable housing option, multi-family units would
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not be low-income housing forever, this is a ten-acre piece of land in town to develop, and the
feedback is overwhelming for no more apartments.
Council Member Corrieri stated that the softening of rents will never be soft enough for people of
the lowest income to afford. The apartments built are directed at students, not people with
disabilities, families with children, and the elderly who often fall into the low-income category. Ms.
Corrieri stated that she has always supported a mixed development of owner-occupied and rental
properties, because an affordable housing development can’t be built unless a rental component is
included.
Council Member Nelson inquired about receiving LITC funds to renovate a project that would keep
a property affordable. Director Diekmann responded that it is possible if the program guidelines have
that category for funding and it is awarded to the project. Mayor Haila recapped that decisions
would be based on LITC. It is difficult to attract someone to develop low-income multi-family
without LITC. The availability of LITC will not be known until Congress adopts the next budget.
Council Member Martin stated that there should be another try at the previous proposal. He is
leaning toward Option 1 or 2. Council should think about a RFP that would include the criteria that
led to the first proposal and also encourage creativity, pocket neighborhoods, smaller homes with
increased destiny, shared courtyards, porches, shared parking or garage facilities, shared utility,
workspace etc. These ideas could attract developers who would be interested in these different
possibilities.
Council Member Betcher stated her thoughts of Option 2 needing a little more flexiblity. She had
hoped to mix single-family with a pocket neighborhood on part of the site. She thought perhaps
there would be multiple developers doing smaller pieces of the ten acres. The flexibility to have
multiple developers might lead to more local involvement.
Director Diekmann explained that a Planning Residential Development (PRD) would allow for
multiple zoning and allow any kind of housing. Perimeter set-backs would have to match what
would be seen under a normal single-family district, but they would not have to worry about building
setbacks and lot lines. There is an expectation of open-space. PRDs are not meant to gain density,
but to have options on how to configure a small amount greater than normal density.
Moved by Gartin, seconded by Beatty-Hansen, to construct single-family attached and detached
homes with a developer (Option 1).
Moved by Martin, seconded by Beatty-Hansen, to amend the motion to include encouragement of
innovation.
Council Member Betcher asked if, with that motion, there would be one developer or several. Mr.
Diekmann commented that it would be difficult with a RFP for more than one developer. Staff
would come back to Council with the whole RFP.
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Council Member Beatty-Hansen inquired about incorporating Council Member Martin’s ideas.
Director Diekmann added that the RFP was open last year to include single-family attached or
detached, any lot size, or any of the forementioned items by Council Member Martin. The RFP
would be a similar model to the one used last year. Council Member Corrieri asked about inquiries
from developers. Mr. Diekmann responded that the proposals from developers could have been
whatever they wanted. At this time, there is one developer willing to look at this land as an option
for a project. Council Member Gartin expressed more constraints limit the pool of developers; too
much in the RFP might hamper bids.
Council Member Corrieri asked about timing issues. Ms. Baker-Latimer stated that moving ahead
with Tripp Street was crucial. The timing will be dependent on how much that entitlement is going
to be forthcoming. If the amount were to increase, something will need to continue to develop
because the money must be spent down. By the time the bids are in, there should be some direction.
Vote on Amendment: 2-4. Voting aye: Martin and Beatty-Hansen. Voting nay: Betcher, Nelson,
Gartin, Corrieri. Motion failed.
Vote on Original Motion: 3-3. Voting aye: Martin, Beatty-Hansen, Gartin. Voting nay: Betcher,
Nelson, Corrieri. Mayor Haila voted nay to break the tie. Motion failed.
Moved by Corrieri, seconded Nelson, to construct single-family and multi-family rental development
with a developer (Option 3).
Director Diekmann explained the next phase with Option 3 would be to host a meeting for the public
to discuss the different scenarios that could take place. There are not definite decisions on what
happens with the Park at this time. After the public meeting, the Council will need to provide
direction.
Vote on Motion: 2-4. Voting aye: Nelson, Corrieri. Voting nay: Betcher, Martin, Beatty-Hansen,
Gartin. Motion failed.
Moved by Betcher, seconded by Beatty-Hansen, to construct single-family detached with the City
as the developer (Option 2).
Council Member Martin stated that this could essentially work out to be like the development layout
reminent of the RFP from last year. Council Member Beatty-Hansen liked the slower pace of doing
a house over small amount at a time. Director Diekmann commented that there is the possibility of
phasing. Also, someone would be hired to subdivide the whole property. Whether the Final Plat
will install infrastructure all at once or in phases will be a separate question.
Mayor Haila inquired about why Option 2 could not include attached homes. Director Diekmann
stated that staff can’t build homes. When platting attached family homes, a developer will know
exactly what structure building to make sure all buildings fit together. A different type of builder
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will be needed, someone who wants to build attached housing and an affordable product. It adds a
level of complication, but can be done.
Moved by Betcher, seconded by Beatty-Hansen to approve Option 2 to include both single-family
detached and attached homes, as the City as the developer.
Vote on Motion: 5-1. Voting aye: Betcher, Martin, Beatty-Hansen, Martin, Corrieri. Voting nay:
Nelson. Motion declared carried.
Council Member Corrieri left the meeting at 7:48 p.m.
The meeting recessed at 7:48 p.m. and reconvened at 8:02 p.m.
H E A R I N G ON ZO N I N G T E X T A M E N D M E N T T O C R E A T E L I N C O L N
WAY/DOWNTOWN GATEWAY COMMERCIAL STANDARDS: Mayor Haila opened the
public hearing. He closed the hearing once there was no one wishing to speak.
Director Diekmann provided background on the Lincoln Way Corridor Plan. The focus of the
presentation is on the connection to Downtown, called the Gateway because it has entrances through
the district into Downtown. The Corridor Plan identified redevelopment and repositioning of
commercial properties in the Downtown Gateway Area to support a transition to more intense and
urban development. There will be a continuation for commercial use but also the option for mixed-
use. The zoning would need to be changed from Highway Oriented Commercial (HOC). The
desired uses would be for restaurants, recreation, and entertainment uses. Office and retail are also
important. This is an area for a unique hotel use. The previous direction was to be flexible and
reach for higher-quality redevelopment. This page of the Plan is looking to add a focal element of
public space or parking structure.
Mr. Diekmann stated this area would also have a different residential feel. It would promote small
one-or two-bedroom units, different from the student housing. In the Zoning Ordinance, there is a
cap of 25% for apartment units that can exceed two bedrooms. Additionally, the parking ratio is set
up to incentivize smaller units.
Director Diekmann addressed the need for rezoning The zoning now does not allow the vision of
the Corridor Plan to allow for mixed-use to come in. It is a commercial area, but the option for
housing to be added for certain sites is wanted. Goals of critical mass need larger development sites.
Articulated in the Ordinance is that a redevelopment site size must be at least one acre if desiring to
pursue Mixed-Use. If the business would not like to be a mixed-use the one- acre minimum does
not apply. The changing of the zoning will be considerable from HOC and will create some non-
conforming businesses. By moving to a pedestrian-friendly environment and focused on commercial
and mixed-use, differences will be created between existing conditions.
Mr. Diekmann stated that this area is to be more commercial oriented, which will still need parking
and is still a destination to drive through. There are some building design and material requirements,
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but there is still a lot of flexibility. A proliferation of drive-thrus is not wanted in this area, because
drive-thrus are not good neighbors for walkability and residential promotion. The City is also
working on managing the transportation on Lincoln Way. There can be a drive-thru on each side of
Lincoln Way, but a new one can not come in until one leaves. Businesses such as vehicle service
facilities will become non-conforming in this area. That means that the owners can continue to
operate the business as is, but there will be limits on expansion, and if it goes away the business can
not be reestablished. The goal of non-conforming is to eventually have those businesses leave the
area they exist in when the zone changes. The business can be sold to someone else for the same
use. The end of a non-conforming use is when it is non-existent for 12 months; that is called
“abandoned.” Many properties will be affected by the proposed zoning change, but some of the
businesses are already non-conforming.
Council Member Betcher asked why give the option for another drive-thru to come into the area
when trying to make it more pedestrian friendly. Mr. Diekmann responded that thought is possible,
but this is also allowing for relocation. Ms. Betcher’s next question was why allow for larger
apartment units when trying to target the people in the workforce. Mr. Diekmann answered that the
Planning & Zoning Commission thought there should be more options than just one and two
bedrooms. A cap was put in place to control the number of larger units.
Director Diekmann stated that an outreach meeting was held on Thursday, March 1. Some small
business owners were concerned about changes on how it affected their existing business or how
they could sell or use the property differently. Other concerns were how to rebuild on a property.
Others were in favor to see how the redevelopment would go. The rezoning notice would go out to
the property areas.
Council Member Martin asked about lodges or clubs were not included. Mr. Diekmann responded
those are membership-based, not for general use, and there is not a regular level of activity.
Laura Cram, 203 Kellogg Avenue, Ames, stated that she is concerned about the rezoning. The new
zone focuses on pedestrian traffic, which limits automotive businesses and encourages fewer parking
stalls. The current zoning will still allow for development similar to the City’s vision with the
exception of apartments along Lincoln Way. The majority of properties along Kellogg are zoned
with Downtown zoning that allows for mixed-use Residential. The rest of the properties in the area
are zoned HOC. Currently, these properties have fewer restrictions than with the new zoning. The
new zoning would allow for apartments and mixed-use, but would make over 70% of the properties
non-conforming whether by layout or type of business. This would decrease the value of the
properties, stifle businesses from growing in current locations, and drive out owners of small
businesses for more apartments. Ms. Cram does not support the proposed Ordinance.
Robert Goodwin, 311 Lincoln Way, Ames, stated that he has owned his property since 1981. The
favorable parts of this building are the parking and accessibility. The change would mean off-site
parking for him and his clients who could be over a block away. The proposed Ordinance would
make his property non-conforming, create the inability to replace the building if damaged, and a
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cloud over his property. The only person who would buy the property would be the developer. Mr.
Goodwin does not support the proposed Ordinance.
Timothy Grandon, 414 Lincoln Way, Ames, stated that he is concerned about the change in zoning.
When a building is non-conforming it has no capability to expand for growth. This will put a cloud
above the properties’ options for future sale.
Ryan Davis, 204 Clark, Ames, informed Council he has apartments above his car wash. Mr. Davis
added that the vision of residential above commercial already does not work. Rezoning of the area
and causing non-conformity will not help the value of the property. The offer he received was
significantly less than appraised, and he would not be able to put a down payment on another
location. Mr. Davis also expressed concern about the notification process. Letters were sent to
“Property Owner” at the physical address. Some businesses have a post office box and may not have
received the notice. He is not in support of the proposed Ordinance.
Chuck Winkelblack, 105 South 16th Street, Ames, clarified the reasoning for larger units. Larger
buildings need larger units in the corners. The concerns are the non-conformity issues as they relate
to the owners that are there and the properties in the area that are for sale. Non-conformity does
create financial issues for existing business and potential sales. The inability to expand or remodel
can cause a problem. There is limited commercial land available in town. Many food businesses
are seeing an uptick in the need for drive-thrus.
Council Member Gartin asked how to move forward with change in zoning to help current business
owners. Mr. Winkelblack stated that this vision could take 20-30 years. The rezoning is not a
product of the project being brought forward. A natural disaster would be cutting people off from
reestablishing in their spot. He is not in favor of something that would be that restrictive. Mr.
Winkelblack did state that he would like to attract working young people. He is in favor of the
rezoning if there is a way to deal with the non-conformity that would not put people out of business
or preclude them from further developing their properties.
Rick Thompson, 414 South Duff, Ames, is concerned with the non-conformity that would affect his
property. He is concerned about the rezoning and ability for future remodel possibilities. Mr.
Thompson suggested more discussion for this topic.
Council Member Betcher requested confirmation that parking spaces for existing buildings will
continue to be in compliance. Director Diekmann stated if this is the existing condition. If there was
complete redevelopment, that parking would not be allowed. Mr. Diekmann explained the non-
conformities. Non-conforming use can’t be reinstated if abandoned, and the structure can’t be torn
down and rebuilt without conforming to set-backs. He added that many of these buildings do not
meet the parameters for set-backs now. Those buildings are not in the condition to be rebuilt from
where they are today. Director Diekmann stated that 70% non-conforming would be a good
estimate. Council Member Gartin stated that is important fact, if the business is non-conforming
now, this is not something that would be taking away something they have. Mr. Diekmann
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explained that if a building burns down, it can be rebuilt, it just has to be done at the new standards.
Council Member Martin asked, if when making the transformation, could it be done in a more gentle
way than by using non-conformity. Director Diekmann stated there is a phrase “if pre-existing,”
which slightly more lenient. If the building exists the day the Ordinance was adopted, it would be
considered permitted. The owner would have the right to expand and do everything as if it were an
allowed use there. However, no one else could come in and do the same use. If the use were to stop
for 12 months, it would be no longer considered a pre-existing building and it could not be recreated.
This is used mostly in the Downtown UCRM Overlay areas. Mr. Diekmann stated that Council
would pick which places to grant that latitude to; that is not to say everything pre-existing is fine,
because that makes the zoning pointless. This would need to be a standard in the Ordinance or they
should not rezone properties and keep it HOC.
Council Member Betcher clarified the usage of “if pre-existing.” Director Diekmann confirmed that
it could be used, but advised that it can be very difficult to administer consistently. Each unique case
will cause more difficulty in implementing effectively. Not everything in the district is pre-existing.
The non-conforming use is perpetuated when using the “pre-existence.”
City Manager Schainker stated that a decision should not be made tonight. Mr. Diekmann should
come back with a better definition of pre-existing. An analysis on how the businesses are non-
conforming is needed. This will take some time, but should not be rushed.
Council Member Gartin asked about how to guard from a business coming in under the wire for a
conforming business now but would not be with the new rezoning. Mr. Diekmann stated this is a
risk right now with any delay of action. City Manager Schainker stated there is the possibility of a
moratorium, while thinking about guarding against new non-conforming businesses to the area. Mr.
Diekmann confirmed this would be a stoppage of change. Mayor Haila stated this area is vision-
driven. It can have a profound impact on the entire community. A lot of work has been done on this
plane, but it warrants more discussion.
Moved by Gartin, seconded by Martin, to direct staff to come back with a draft proposal to consider
for a moratorium.
Council Member Beatty-Hansen stated concern that getting the moratorium set could take the same
amount of time to get all the information needed to make an informed decision. Mr. Diekmann
estimated it would take two months once the decision on zoning standards is made. The moratorium
would probably take until about the beginning of April.
Council Member Gartin withdrew his motion.
Moved by Gartin, seconded by Martin, to direct staff to start the process of the moratorium in the
zoning area.
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Council Member Beatty-Hansen expressed her concern with the timing factor. Mayor Haila stated
that the moratorium doesn’t have to be implemented. Council Member Gartin added that the
moratorium creates a stop gap that can have benefits for the City.
Vote on Motion: 4-0-1. Voting aye: Betcher, Martin, Beatty-Hansen, Gartin. Voting nay: None.
Abstaining due to conflict of interest: Nelson.
Moved by Beatty-Hansen, seconded by Gartin to direct staff to come back with a report on the “pre-
existing” concept, more information on what can and can’t be done under non-conforming, and
perform an analysis of the area on what is currently non-conforming and categorize that information.
Vote on Motion: 4-0-1. Voting aye: Betcher, Martin, Beatty-Hansen, Gartin. Voting nay: None.
Abstaining due to conflict of interest: Nelson.
PROCEED WITH THE USE OF CITIZEN REPORTING APP: GIS Coordinator Ben
McConville reminded Council of the application being developed as a tool for citizens to notify
Public Works staff regarding infrastrucutre related issues. Three proposals were received and
reviewed for the development, hosting, and management of the reporting app. The staff’s
recommendation is to utilize the services of SeeClickFix at a fixed price of $14,948 per year for a
term of five years (not a contract for five years) with no initial set-up fee, after such time the
agreement may remain on a year-to-year basis with cost increases not to exceed five percent per year.
Mr. McConville stated that the recommendation is based on the availability of the mobile app in the
iOS and Android app stores as a City of Ames branded application. This app has the full circle of
service from taking a request to closing the request and confirmation of correction. Report items for
other Departments are included at no extra charge, the agreement includes at no extra charge the
ArcGIS Connector module to directly feed into the City’s existing GIS, system is easily configured
by City Staff, features both website and mobile app, web-based training included, set-up and
implementation and ongoing app updating provided, and the work will begin shortly after the
contract is approved and development is estimated to only take three to four weeks.
Council Member Martin inquired if the company has rights to the data. Mr. McConville stated that
he would need to clarify that with the company. Council Member Gartin asked if complaints are
public. City Attorney stated that this would be public. City Manager Schainker stated it would be
important to have their name and email to communicate with the person placing the complaint.
Management Analyst Ritter noted that the application is available in five languages, but Chinese is
not one of them. Ex officio Bingham expressed his concern that many International students are
Chinese and the importance of having that available to them. Mr. McConville stated that could be
discussed with vendor.
Mr. McConville stated that the reports are administered by the City. The cost would not change as
long as the scope doesn’t change. The internal workflow will be developed with the vendor and put
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into place. The administration is wanted in-house.
City Manager Schainker stated this will be started with Public Works issues and then expand into
the other Departments as bugs get worked out. He added to help brand and generate some
excitement for the app, the public could be involved with naming it. Mr. Schainker also reminded
Council that this would no longer be going through the Web, it is an application only. Mr.
McConville noted that it is hoped to be ready in the June or July timeframe.
Council Member Martin stated this has an open API where others can write applications that will
interoperate with the service the City will run. Students may be able to build an application in
Chinese along with a map. Ex officio Bingham added that it would be nice to have a way to connect
to this app through the MyState application.
City Manager Schainker reminded Council that it will be easy to point out issues and send through
the app, but the system doesn’t allow staff to respond any quicker. The expectation will be to have
an immediate response, but expectations on response will have to be tempered. Mr. McConville
added that a confirmation is sent. There is continued status reporting. Mr. Schainker noted that
education on what should go through this application will be needed.
Moved by Beatty-Hansen, seconded by Betcher, to approve entering into an agreement for services
with SeeClickFix at $14,948 per year for a term of five years. It was noted that, the agreement will
remain on a year-to-year basis with annual increases not to exceed five percent these five years.
Vote on Motion: 5-0. Motion declared carried unanimously.
PROPOSED WATER AND SEWER RATES TO BE EFFECTIVE JULY 1, 2018: Director
John Dunn gave a presentation on the proposed new water and sewer rates to be effective July 1,
2018. The presentation showed how Ames compared to the nation and to other cities in Iowa. Ames
is substantially lower for rates with drinking water. It has been suggested to do more frequent and
smaller rate increases. Staff’s recommendation would be to draft an Ordinance to adjust water rates
by three and a half percent and adjust sewer rates by three percent.
Moved by Betcher, seconded Beatty-Hansen, to approve the recommended timeline for water rate
increases.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE RESTRICTING PARKING AT ALL TIMES ON NORTH SIDE OF
PHOENIX STREET FROM NORTH DAKOTA AVENUE TO YUMA AVENUE: Moved by
Beatty-Hansen, seconded by Betcher, to pass on second reading an ordinance restricting parking at
all times on the north side of Phoenix Street from North Dakota Avenue to Yuma Avenue.
Roll Call Vote: 5-0. Motion declared carried unanimously.
ORDINANCE RELATING TO CHANGES TO GARAGE AND ACCESSORY BUILDING
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STANDARDS: Moved by Nelson, seconded by Beatty-Hansen, to pass on second reading the
changes to garage and accessory building standards.
Roll Call Vote: 5-0 Motion declared carried unanimously.
ORDINANCE ADOPTING 2017 EDITION OF NATIONAL ELECTRICAL CODE WITH
AMENDMENTS: Moved by Betcher, seconded by Beatty-Hansen, to pass on third reading and
adopt ORDINANCE NO. 4336 approving the adoption by reference, the 2017 Edition of National
Electrical Code (NEC) with one local and two State of Iowa amendments.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE ASSIGNING APPROVED ANNEXED AREA RESOLUTION NO. 17-698 TO
WARD AND PRECINCT: Moved by Beatty-Hansen, seconded by Betcher, to pass on third reading
and adopt ORDINANCE NO. 4337 assigning the recently approved annexed area (Resolution No.
17-698) to Ward and Precinct.
Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Moved by Beatty-Hansen, seconded
by Betcher to put a letter from Ames Convention & Visitors Bureau on an upcoming agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Nelson to ask staff for a report to clarify to provide a ruling
on the subdivision of 20 acres at 25498 Sand Hill Trail (Parcel 10-20-100-405).
Vote on Motion: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Council Member Martin encouraged citizens to express their opinions
concerning the rental occupancy issue. Another workshop will be held on March 20.
Moved by Gartin, seconded by Beatty-Hansen, directed staff to reach out to the Iowa league of Cities
offering assistance for the Annual Conference, which will be held in Ames.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mayor Haila commented that he and Steve visited with the Iowa Legislators. Backfill will be
reduced, but the amount is uncertain at this time. City Manager Schainker added that the Mayor
pointed out the importance of local options sales tax. Part of the tax bill will be for the State to start
collecting on internet sales.
ADJOURNMENT: Moved by Betcher, seconded by Gartin, to adjourn the meeting at 10:23 p.m.
___________________________________ ___________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
___________________________________
Stacy Craven, Recording Secretary
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