HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/12/2018MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 12, 2018
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m.
on June 12, 2018, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law.
Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber Corrieri, Tim
Gartin, David Martin, and Chris Nelson. Ex officio Member Allie Hoskins was also present.
PROCLAMATION FOR “WATERSHED AWARENESS MONTH:” Mayor Haila proclaimed
June 2018 as “Watershed Awareness Month.” Those accepting the Proclamation were Public Works
Municipal Engineer Tracy Warner, Water Plant Superintendent Lyle Hammes, Watershed
Coordinator of Prairie Rivers of Iowa Kayla Bergman, and Executive Director of Prairie Rivers of
Iowa Penny Brown Huber.
PROCLAMATION FOR “NATIONAL HOMEOWNERSHIP MONTH:” June 2018 was
proclaimed as “National Homeownership Month” by Mayor Haila. Vanessa Baker-Latimer and Steve
Eggleston, Des Moines Field Office Director for Housing of Urban Development, accepted the
Proclamation. Mr. Eggleston stated that Ames is taking the lead in homeownership. He presented
a ceremonial check to the Mayor in the amount of $601,294, representing the federal funding
allocation of HOME Funds.
CONSENT AGENDA: Council Member Beatty-Hansen requested to pull Item No. 10, renewal of
the beer permits, wine permits, and liquor licenses for further discussion. Mayor Haila pulled Item
No. 31, waiving Purchasing Policies and Procedures and awarding a sole-source contract to
WatchGuard video of Allen, Texas, for body-worn cameras for the Police Department in the amount
of $141,907, for separate discussion.
Moved by Betcher, seconded by Corrieri, to approve the following items on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving Minutes of Regular Meeting of May 22, 2018
3.Motion approving certification of Civil Service applicants
4.Motion approving 5-day (June 15-19) Class C Liquor License for 80/35 Tools Inc. at the CPMI
Event Center, 2321 North Loop Drive
5.Motion approving 5-day (June 16-20) Class C Liquor License for Whatcha Smokin BBQ & Brew
at the ISU Alumni Center, 420 Beach Avenue
6.Motion approving 5-day (June 29-July 3) Class C Liquor License for Whatcha Smokin BBQ &
Brew at the ISU Alumni Center, 420 Beach Avenue
7.Motion approving ownership change for Class C Liquor License for Welch Ave. Station, 207
Welch Avenue
8.Requests from Model Farms for Dock Dogs event on July 2-4:
a.Motion approving blanket Temporary Obstruction Permit and blanket Vending License for
the closed area
b.RESOLUTION NO. 18-325 approving the closure of Burnett Avenue between 5th Street
and 6th Street, including the closure of 13 metered parking spaces, and six additional spaces
on 5th street from 9:00 a.m. Monday, July 2 to 10:00 a.m. Thursday, July 5
c.RESOLUTION NO. 18-326 approving waiver of parking meter fees and enforcement,
usage and waiver of electrical fees, and waiver of fee for blanket Vending License for event
from 9:00 a.m. Monday, July 2 to 10:00 a.m. Thursday, July 5
9.Motion approving Report of Change Orders for May 16 - 31, 2018
10.RESOLUTION NO. 18-237 adopting 2018/19 New and Revised Fees
11.RESOLUTION NO. 18-238 approving City’s Pay Plan for 2018-19
12.RESOLUTION NO. 18-239 approving appointment of Rich Lepper to fill vacancy on Property
Maintenance Appeals Board (Contractor Seat)
13.RESOLUTION NO. 18-330 approving request from Ames International Partner Cities
Association to carry over $5,100 in funds from FY 2017/18 to FY 2018/19
14.RESOLUTION NO. 18-331 approving preliminary plans and specifications for Installation
Services for 69kV UG Power Cable - Top-O-Hollow, setting June 27, 2018, as the bid due date
and July 10, 2018, as the date of public hearing
15.RESOLUTION NO. 18-332 awarding a three-year contract to KTA, LLC d/b/a Knapp Tedesco
Insurance of Ames, Iowa for Insurance Broker Services for Liability Insurance in the amount of
$111,000
16.RESOLUTION NO. 18-333 approving Main Street Iowa Program Agreement with Iowa
Economic Development Authority and Ames Chamber of Commerce (d/b/a Main Street Cultural
District) for July 1, 2018, through December 31, 2019
17.RESOLUTION NO. 18-334 approving Neighborhood Improvement Grant Program grant to
“Friends of Roosevelt Park” for Ping Pong Tables and Bench to be placed in Roosevelt Park
18.RESOLUTION NO. 18-335 approving Certification of Local Government Approval on behalf
of Local Non-Profit Organizations Receiving Emergency Shelter Grant Funds
19.RESOLUTION NO. 18-336 awarding contract to Design Alliance, Inc., of Waukee, Iowa, for
Design and Engineering Services for Homewood Golf Course Clubhouse Project in the amount
of $51,500
20.RESOLUTION NO. 18-337 awarding contract to Electrical Engineering and Equipment Co., of
Windsor Heights, Iowa, for Motor Repair for Power Plant from July 1, 2018, to June 30, 2019,
for hourly rates and unit prices bid in an amount not to exceed $90,000
21.RESOLUTION NO. 18-338 awarding contract to L & S Electric, Inc., of Coon Rapids,
Minnesota, for the Top-O-Hollow Substation Equipment Commissioning in the amount of
$76,169
22.Non-Asbestos Insulation and Related Services and Supplies:
a.RESOLUTION NO. 18-339 approving renewal of contract to Total Insulation Mechanical,
Inc., of Ames, Iowa, for period from July 1, 2018, to June 30, 2019, in an amount not to
exceed $80,000
b.RESOLUTION NO. 18-340 approving contract and bond
23.RESOLUTION NO. 18-341 approving renewal of contract with Keck Energy of Des Moines,
Iowa, to Supply #2 Ultra-Low Sulfur Diesel to Power Plant for period from July 1, 2018, to June
30, 2019, in an amount not to exceed $150,000
24.Asbestos Maintenance Services for Power Plant:
a.RESOLUTION NO. 18-342 approving renewal of contract with ESA, Inc., of North Sioux
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City, South Dakota, for period from July 1, 2018, to June 30, 2019, in an amount not to
exceed $80,000
b.RESOLUTION NO. 18-343 approving contract and bond
25.RESOLUTION NO. 18-344 approving renewal of contract with Burns & McDonnell of
Chesterfield, Missouri, for Professional Services for Fire Risk Mitigation for Power Plant for
period from July 1, 2018, to June 30, 2019, in an amount not to exceed $50,000
26.RESOLUTION NO. 18-345 awarding contract to HTH Companies, Inc, of Union, Missouri, for
Specialized Wet Dry Vacuum, Hydro Blast, and Related Cleaning Services for hourly rates and
unit prices bid in an amount not to exceed $120,000
27.RESOLUTION NO. 18-346 awarding contract to Wesco Distribution of Des Moines, Iowa, for
Electric Services Aluminum Cable in the amount of $79,447.50 (inclusive of Iowa Sales Tax and
subject to metals adjustment at time of order)
28.RESOLUTION NO. 18-348 waiving Purchasing Policies and Procedures and awarding a
contract to United Conveyor Corporation of Waukegan, Illinois, for engineering services for Unit
7 and Unit 8 Fly Ash Handling System Modifications in the amount of $65,250
29.RESOLUTION NO. 18-349 waiving Purchasing Policies and Procedures and awarding a
contract to The Babcock & Wilcox Company of Kansas City, Missouri, for engineering study
for operating Unit 8 Boiler at lower steam temperature and pressure in the amount of $76,263
30.RESOLUTION NO. 18-350 approving renewal of contract for purchase of electric meters to
Fletcher-Reinhardt Co., of Cedar Rapids, Iowa, in accordance with unit price bid
31.RESOLUTION NO. 18-351 awarding contract for Year Four of a five-year contract to Itron, Inc.,
of Liberty Lake, Washington, for purchase of water meters and related parts and services for the
Water and Pollution Control Department for the period of July 1, 2018, to June 30, 2019, in an
aggregate amount not to exceed $443,400
32.RESOLUTION NO. 18-352 approving contract and bond for 2018/19 Pavement Restoration -
Slurry Seal Program
33.RESOLUTION NO. 18-353 approving contract and bond for Continuous Emissions Monitoring
System Replacement
34.RESOLUTION NO. 18-354 approving contract and bond for Electrical Maintenance Services
for Power Plant
35.RESOLUTION NO. 18-355 approving Change Order No. 3 with TEI Construction Services,
Inc., of Duncan, South Carolina, for Boiler Maintenance Services for Power Plant in an amount
not to exceed $300,000
36.RESOLUTION NO. 18-356 accepting partial completion of public improvements and reducing
security being held for Crane Farm Subdivision, 4th Addition
37.RESOLUTION NO. 18-357 approving Final Plat for Menard’s Ames Subdivision (530 and 900
SE 16th Street)
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
RENEWAL OF BEER PERMITS, WINE PERMITS, AND LIQUOR LICENSES: Council
Member Beatty-Hansen requested to pull this Consent Item due to a conflict of interest.
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Moved by Gartin, seconded by Corrieri, to approve the renewal of the following Beer Permits, Wine
Permits, and Liquor Licenses:
a.Class A Liquor & Outdoor Service – Green Hills Residents’ Association, 2200 Hamilton
Drive #100
b.Class E Liquor, C Beer, & B Wine – AJ’s Liquor, 4518 Mortensen Road #109
c.Class E Liquor, C Beer, & B Wine – Kum & Go #200, 4510 Mortensen Road
d.Class E Liquor, C Beer, & B Wine – Kum & Go #214, 111 Duff Ave.
e.Class E Liquor, C Beer, & B Wine – Kum & Go #216, 203 Welch Ave.
f.Class E Liquor – MMDG Spirits, 126A Welch Ave.
g.Class C Liquor & Catering – Texas Roadhouse, 519 S. Duff Ave.
h.Class E Liquor, Class C Beer & B Native Wine – Casey’s General Store #2560, 3020 S.
Duff Ave.
i.Class C Liquor & Outdoor Service – Old Chicago Pizza & Taproom, 1610 S. Kellogg Ave.
j.Special Class C Liquor, Class B Wine, & Outdoor Service – Wheatsfield Cooperative, 413
Northwestern Ave.
k.Class C Liquor & Outdoor Service – South 17th Street Food & Beverage, LLC, 300 S. 17th
Street
Roll Call Vote: 5-0-1. Voting Aye: Betcher, Martin, Nelson, Gartin, Corrieri. Voting Nay: None.
Abstaining due to conflict of interest: Beatty-Hansen. Motion declared carried.
WAIVE PURCHASING POLICIES AND PROCEDURES AND AWARDING CONTRACT
TO WATCHGUARD VIDEO FOR BODY-WORN CAMERAS FOR POLICE: Mayor Haila
stated that he pulled this item due to the cost of $39,000 for a three-year limited warranty for the
cameras only. Chief Cychosz responded that experiences across the country have led them to believe
high-quality cameras are necessary. The cameras will cost $1,100 per unit and the support cost is
$216 per year per camera, which will cover all the upgrades, repair, and replacement. The battery
life will cover 12 - 13 hours, but the battery’s life cycle is about three years. A longer maintenance
period could be purchased, but staff feels that three years is enough time to learn about the cameras
and full support of all kinds of failure for the 60 cameras working all the time within the three years.
At the three-year mark, staff will evaluate the reliability and performance to determine if the
maintenance contract should be extended. The goal is to get the cameras out and deployed into a
training mode this summer. Staff is making efforts to make the Police Department policies regarding
body-worn comeras similar to the Sheriff’s Department and Iowa State University Police.
Moved by Betcher, seconded by Nelson, to adopt RESOLUTION NO. 18-347 waiving the
Purchasing Policies and Procedures and awarding a sole-source contract to WatchGuard Video of
Allen, Texas, for body-worn cameras for the Police Department in the amount of $141,907.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened Public Forum.
Drew Kamp, 304 Main Street, Ames, introduced Dustin Ingram as the newest member to the Ames
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Economic Development Commission team member. Mr. Ingram gave background of his work
experiences. He stated that he worked on the Comprehensive Plan for the City of Gilbert and was
the Economic Development Director for the town of Ackley, Iowa.
John Hunstock, 4142 Eisenhower Lane, Ames, stated that he resides at the northeast quadrant of
Hyde and Harrison. People traveling along Hyde Avenue have always traveled at speeds higher than
the posted 25 mph, but since the road has been paved going north to Gilbert the speeds have
continued to rise. There are very defined rush hours in both north-and southbound lanes. Mr.
Hunstock commented that he was representing the Bloomington Courtyard Association and would
like to have a study done to see what changes could be made or what there would be for options to
mitigate the speed of traffic through that area. The Association would like to see a study done to
establish procedures to slow traffic down.
Sara Spohnheimer, 210 Main Street, Ames, stated she is representing The Frame Shop and more than
50 Downtown businesses. The drastic increase in parking tickets has caused issues for employees
and customers of the Downtown businesses. As a destination City having people strolling Main
Street to visit multiple businesses at their leisure should be encouraged and having a threat of being
fined for taking too long is not conducive to that. These people would like to see the regulations
regarding Downtown parking revisited and changed. The statement with signatures and a selection
of comments and suggestions from people spoken to in the Downtown area was submitted for the
record. The people who signed the statement are business owners, customers, Ames residents, and
people who care about Downtown. Mayor Haila added that Council received a statement of what
Ms. Spohnheimer read, and there will be a workshop on June 19 concerning the Downtown vision.
Sue Weiss, 215 Howard Avenue, Ames, requested that the Westside Neighborhood be excluded
from the Rental Concentration Cap. The feedback has been provided against the Cap and a petition
has been signed by 25 of the owner-occupied houses in the neighborhood asking Westside to not be
included in the rental cap. There are signatures from homeowners who have lived in the
neighborhood for 45 years. The average number of years that people have lived in their homes who
signed the petition is 20 years. Even though the Westside Neighborhood is 60% rental, these people
still choose to live in the neighborhood. This neighborhood is closest to Campus and is where the
students should be living. The petition of 25 signatures was presented for the record.
Wes Wierson, 3104 Story Street, Ames, reiterated the comments of Ms. Weiss. He feels this Rental
Cap forces more students into high-density housing and farther away from Campus. He does not feel
a cap number and one hardship law is the best fit for all neighborhoods.
Mark Graeve, 3119 Story Street, Ames, stated his understanding of the Rental Cap boundaries to be
that the Westside Neighborhood was to not be included. He is opposed to Westside being included
in the Rental Cap.
Jake Eller, 5294 O’Neil Drive, Ames, stated that he is an owner of a duplex on Hayward and would
like to use it as an investment to help his family. Mr. Eller would like Council to reconsider the
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rental cap.
RENTAL CONCENTRATION HARDSHIP AND EXCEPTION OPTIONS: Planning and
Housing Director Kelly Diekmann reminded Council of the recently adopted Rental Concentration
Cap for specific neighborhoods. Staff was directed to draft Ordinance language for a hardship
process related to the sale of property and a separate exception process for property owners with their
primary residence in a capped neighborhood to register their property as a rental property. The staff
report outline the following:
Property Sale Hardship: The owner of a property has to have the property on the market for at least
nine months before applying for a hardship. The reason for that is to show difficulty of selling the
property and the value or ability to sell the property would be enhanced if there was a Letter of
Compliance (LOC) available with the property. Either the buyer or seller can bring the property up
to compliance for an LOC and maintain the LOC. This is not meant for a long-term investment
property; it is for the sale of the property. A sale must happen to renew that rental certificate. One
year time line would be given at the beginning to sell the property the LOC could not be renewed.
There is an expectation that a rental property has to be on three sides of the property seeking the
allowance. Specifically, at least 20 feet of a property to be considered a side, including across the
street or alley.
Rental Concentration Cap Exception: This exception has a short-term window that is meant to be
addressed this summer. The property owner who lives there as the primary resident to come in for
a one time allowance by September first to register the property, get an inspection, and make those
improvements in the next six months to get a LOC. The property can not be sold during this time.
Once the LOC has been obtained, it can not be renewed unless proven it has been a rental and this
must be within the first four years. Once the property has become a rental it must continue to be a
rental. If the LOC is ever lapsed it will be lost. The property will need to be verified as a rental with
proof of rental income that has been received and have tenants as defined in the Rental Code.
Council Member Corrieri inquired about situations when people have purchased a property for the
sole intent of being a rental and are making significant improvements but have not applied for an
LOC yet. Ms. VanMeeteren stated that she understood that Council did not want to grandfather
unregistered rentals in. Some situations may need to be looked at. Ms. VanMeeteren added that
there is a difference between primary residence and owner-occupied. A parent that purchases a home
for their children but does not live there is owner-occupied, and is not eligible under this exemption.
Mr. Diekmann clarified that to be the owner a person must be on the deed. The primary residence
is a person living there and returning there on a regular basis.
Council Member Gartin asked if an owner of a property who had started the construction process
have been eligible for an LOC while in the process. Ms. VanMeeteren stated that before the
moratorium that would have been possible. Mr. Gartin questioned what would distinguish that
person from someone that stated they just didn’t get around to it. Ms. VanMeeteren commented that
there was not a difference at that time, but an exception could be put into place. Council Member
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Corrieri noted that the example received was very intentional on their time line to see if it would
even be rentable. Building Inspector VanMeeteren stated that continued inspections could have been
done, so nothing precluded them from applying for an LOC as long as there was proof of trying to
move forward.
Council Member Martin explained that the Rental Cap has been instituted in certain neighborhoods
and the moratorium is over. The discussion now is given the fact that Council recognized the Rental
Cap is harming some neighborhoods and discussing what can be done to help alleviate some of those
hardships.
Robert Howell, 107 S. Riverside Drive, Ames, stated that, in his opinion, the Rental Concentration
Cap Exception is a fair exception for those who did not know or understand the discussion. He
believes that having the property as a primary residence and limiting the time to get the LOC will
severely limit the number of people who will apply and be eligible for that Exception. Many people
would not be able to afford to make the improvements needed within six months to obtain the LOC.
Mr. Howell believes the Property Sale Hardship of nine months is too long to keep a home on the
market before getting a hardship and then continuing to have to rent after that.
Kate Gohr, 1008 North 2nd Street, Ames, stated that the Rental Cap is affecting her family. Ms.
Gohr’s parents purchased a home for her with the intention of renting the home upon her graduation.
They checked into getting a LOC when they first purchased the home, but felt they were told it was
not necessary to have at the time. The family now feels they are stuck with this house. They support
the Rental Concentration Cap Exception to give the family time to obtain a LOC.
Ken Platt, 3620 Woodland, Ames, expressed his appreciation for the action done to stabilize the
neighborhoods. He stated that when one exception is made for one case, a hardship is then created
for someone else. It is not the function of city government to help someone increase their financial
gain; that is the responsibility of the individual. He encouraged the Council to wait and see what
happens with the Ordinance.
Mary Conroy, 2318 Baker Street, Ames, stated that she believes that many people are still not aware
of the cap. She also believes that under the Rental Concentration Cap Exception there will not be
many applications due to having to make the improvements within six months.
Pat Brown, 3212 West Street, Ames, feels that it is not the role of the city government to guarantee
a return on investment. The Constitution allows people to take risks, but does not guarantee a return.
If a hardship is given to those selling for a rental, what about the value to the owner-occupied who
is losing value because of rentals. It is the job of Council to create policy that is equal and fair to all.
Morgan Johnston, 611 Lynn Avenue, Ames, stated that, in her opinion, the Rental Concentration Cap
Exception is the only solution. She believes that way there is still an ability to make a profit off an
investment. Ms. Johnston is in favor of the Rental Concentration Cap Exception and allowing
property owners to continue to have the ability to use the property for the reason they purchased it.
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Leslie Kawaler, 2121 Hughes Street, Ames, stated that the Rental Concentration Cap Exception
undercuts the stability and predictability that the Cap would provide the current residents or possible
new residents of the neighborhood. This uncertainty will continue until there is a sunset date. There
is not a limit to how many LOCs will come about, and negotiations can be made with investors so
the property can be later sold for rental. Ms. Kawaler urged Council to either eliminate the Rental
Concentration Cap Exception or decrease the sunset clause to 12 months.
Lisa Prichard, 413 Lynn Avenue, Ames, stated that the Rental Cap has caused her family a hardship.
They are unable to put their children in the school they prefer because there is not open enrollment
in Ames and the Rental Cap will keep them from selling their home to be able to move to the
neighborhood they need to be in for the school of their preference. Ms. Prichard is in favor of the
Rental Concentration Cap Exception because this would give them options to do what they feel
would be best for their family.
Nancy Johnston, 2341 Donald Street, Ames, is in favor of the Rental Concentration Cap Exception.
Ms. Johnston informed Council that she and her husband do not live in Ames, but have purchased
a couple of neglected properties and turned them into beautiful homes. The restoration of those
properties has increased the value to the neighborhoods. She feels it is not fair that she is unable to
rent out the home she has not sold.
Joanne Pfeiffer, 3318 Morningside Street, Ames, stated that balance is necessary for the life of the
neighborhood. She is against the Rental Concentration Cap Exception.
Wes Wierson, 3109 Story Street, Ames, is in favor of both hardship options. He does feel that the
six months time period to make the property compliant for a LOC is difficult for many people. In
Mr. Wierson’s opinion, not every property can be put under the same umbrella.
Tam Lorenz, 311 South Maple Avenue, Ames, stated that she was opposed to the LOC being
transferrable with the sale of the house under Option 3. The LOC being transferrable would mean
the property could stay a rental for an unforseen amount of time. If that part is removed, those who
feel they are caught with a property will be allowed to rent it out, but there won’t be a guarantee that
this property remain a rental forever.
Sarah Conroy, 2318 Baker Street, Ames, stated that implementing the Rental Concentration Cap
Exception would allow people nine months to take advantage of the rights they had when they
bought their property. This will help people that bought a property with the intention of renting it
out.
Mark Graeve, 3119 Story Street, Ames, stated his support for any hardship option that would give
owners the right to do what they wish with the property they own. Mr. Graeve expressed concern
about the amount of time given to bring a property into compliance for a LOC and the affordability
of making that happen.
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Morgan Eller, 5294 O’Neil Drive, Ames, stated her support of the Rental Concentration Cap
Exception.
Sequan Gatlin, 125 Campus Avenue Apartment #18, Ames, stated that he believes the citizens of
Ames are not informed. In his opinion, the main issue is people being unaware of what is happening
in the community.
Moved by Gartin, seconded by Beatty-Hansen, to direct staff to draft an Ordinance to include the
Property Sale Hardship.
Council Member Corrieri expressed her concern about people having to come forward and tell their
specific hardships and having that made public. Ms. Corrieri stated that there may be some very
specific questions about their situations that will need to be asked for Council to justify a decision.
Answering those questions could be very difficult for some people. Council Member Gartin added
that this would give people who are in a difficult situation a path. Council Member Nelson
interjected the possibility of the Property Maintenance Board hearing some cases.
Council Member Martin stated there is some overlap between the two hardship options. He does
not feel that Council should agree to both options, but first take a look at Option 3.
Motion withdrawn.
Council Member Martin stated that, in his opinion, the role of the City Council is more to promote
and protect the community than helping individual investors to hit their investment targets. The
strategy of many of the investments is to convert homes to rental properties that promote short-term
residents. That makes it harder for long-term residents to be in the neighborhood.
Moved by Martin, seconded by Betcher, to remove the Rental Concentration Cap Exception from
further consideration tonight.
Council Member Gartin stated that in his opinion, property owners should have no longer than a 12-
month grace period to become a rental or it nullifies the Rental Cap. Mr. Gartin stated that with that
shortened grace period he would be agreeable to Option 3. He felt that gave property owners
sufficient time and would cover many hardships. Council Member Beatty-Hansen agreed with the
need to tighten Option 3.
Council Member Betcher expressed concern of Option 3 implying that an owner won’t be able to
sell their property to an owner-occupier and get the same amount of money as they would if sold for
a rental. Council Member Corrieri expressed her support for Option 3 because it gives people who
purchased property with the intent to use it as an investment for their family the right to use the
property the way they intended. Council Member Betcher concurred with Council Member Martin
that Council should be looking out for the community, rather than individual gain. Ms. Betcher
noted that she could support something that did not have the LOC with the property beyond the
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current owner. The LOC would not be transferrable upon sale. Council Member Gartin stated that,
in his opinion, the only way to end the renting of a property is to put a specific end date on it.
Vote on Motion: 2-4. Voting Aye: Betcher, Martin. Voting Nay: Nelson, Beatty-Hansen, Gartin,
Corrieri. Motion failed.
Mayor Haila suggested that the Council reflect on how Option 3 is consistent with the Rental Cap.
The Rental Cap is to control the number of rentals in a neighborhood and the importance of the
neighborhoods as being the backbone of the community. The example of an owner having to put
an amount of money into the house to make it compliant for an LOC, if the property was sold for that
same amount less the owner would come out financially the same. Council will need to consider
whether Option 3 will undercut what the majority of the Council voted to institute.
Moved by Beatty-Hansen, seconded by Gartin, to alter the language on the Rental Concentration Cap
Exception sunset clause to reflect 12 months instead of four years.
Council Member Betcher confirmed that the 12 months would start at the time the LOC is approved.
Mayor Haila added that the LOC is not approved until full compliance is reached and the owner has
six months to bring the property into compliance.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Martin, seconded by Beatty-Hansen, to change Rental Concentration Cap Exception to
require the property to be owned by October 27, 2017, and the property would have to have been the
owner’s primary residence must be at the time of application for the exemption of Option 3.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Corrieri, seconded by Nelson, to allow people to be eligible for Option 3 if they had a
valid building permit with the City before the moratorium.
Motion withdrawn.
Moved by Corrieri, seconded by Nelson, to direct staff to give recommendations on allowing people
to qualify for the Rental Concentration Cap exception if a valid building permit from the City was
obtained before the moratorium.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded Nelson, to get an opinion from staff for options on the feasibility
of making a LOC non-transferrable upon sale under the specific exceptions.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Martin, seconded by Beatty-Hansen, to request that staff change the language in the Rental
Concentration Cap Exception sub paragraph ten exception requirements sub-sub paragraph 3 from
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saying a property owner of primary residence to the property owner of a legally operating primary
residence.
Mr. Diekmann asked Council Member Martin if he were asking staff to investigate every applicant
to see that they have no history of illegal activity. Mr. Martin responded that he was not asking to
investigate every applicant, but wanted to give staff a way to deny, if necessary.
Motion withdrawn.
Moved by Martin, seconded by Beatty-Hansen, to request staff to create language that would apply
to Options 1 and 3 to give staff grounds to deny a LOC provided by those actions if staff becomes
aware of illegal rental activity at that property.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Betcher, seconded by Nelson, to include the Property Sale Hardship in an Ordinance.
Vote on Motion: 5-1. Voting Aye: Betcher, Nelson, Beatty-Hansen, Gartin, Corrieri. Voting Nay:
Martin. Motion declared carried.
Council Member Betcher inquired about the process after someone has violated and enforcement of
the rental abatement. Ms. VanMeeteren responded that it would be treated the same by contacting
the owner and trying to get compliance. There will be instances when the owner can’t come into
compliance and without receiving rent they would have to put it on the market or let it sit empty. The
outcomes will need to be weighed. Council Member Betcher noted that she liked that a renter would
have a way to complain, besides verbally, when items were not taken care of by the landlord.
City Manager Schainker stated that language could be developed, but suggested to be sent out first
to all rental property owners to make them aware that the City Council is considering the Rent
Abatement Program. The Rental Abatement Program allows the City to post on a property and serve
the landlord a notice stating that rent shall not be recoverable by the owner until the dwelling
complies with the Code.
Move by Beatty-Hansen, seconded by Corrieri, to direct staff to pursue the concept of rent abatement
and contact rental property owners.
Vote on Motion: 6-0. Motion carried unanimously.
The meeting recessed at 8:53 p.m. and reconvened at 9:03 p.m.
SALARIES FOR COUNCIL APPOINTEES FY 2018-19: Moved by Gartin, seconded by
Corrieri, to increase the salary of the City Manager and City Attorney by 3%.
Vote on Motion: 6-0. Motion declared carried unanimously.
CITY-OWNED TENNIS COURTS AT AMES HIGH SCHOOL: Parks and Recreation Director
Keith Abraham provided Council with the background concerning the current tennis complex
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agreement between the City of Ames and the Ames Community School District (ACSD). The
current agreement has an expiration date of March 12, 2023. The issue at this time is that the ACSD
has passed a referendum in April 2018 to proceed with building a new high school and the District
desires the tennis courts to be demolished before proceeding with construction. The ACSD has
inquired about the City being willing to assist with the cost of demolishing the courts. The current
agreement does not obligate the City to remove the courts from the high school property once the
agreement expires or help demolish the courts.
Mr. Abraham stated that the ACSD has offered to enter into a new Joint Use Agreement with the
City for the use of their new courts at the 24th Street site. This Agreement would be similar except
the ACSD would own the courts and provide access to the City for Parks & Recreation programs.
Director Abraham concluded that the recommendation of the Parks & Recreation Commission
included the comment of there not being a need for the courts for programming purposes, and
therefore, the City should not enter into a cost sharing agreement for the District’s new courts on 24th
Street. The Commissioners also mentioned that the City and the ACSD are not partnering on a new
pool and it would be a good time to end the partnership regarding tennis courts. The City Manager
also recommended to terminate the existing High School Tennis Court Joint Use and Easement
Agreements with the ACSD and choose not to negotiate a joint use agreement for the new courts at
the 24th Street site or contribute to the demolition of the High School courts.
Moved by Corrieri, seconded by Nelson, to approve the termination of the existing High School
Tennis Court Joint Use and Easement Agreements with the Ames Community School District and
choose not to negotiate a joint use agreement for the new courts at the 24th Street site nor contribute
to the demolition of the High School courts.
Council Member Gartin expressed how ISU students and other public citizens on the north side of
town utilize those courts. He hopes that the public will be able to use the new courts. Mayor Haila
stated that the School Board will be discussing that and having a discussion about those that gave
money for the old courts at an upcoming meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
AMES URBAN FRINGE PLAN MAP AMENDMENT FOR 3554 N. 500TH AVENUE: Planner
Justin Moore explained to Council that the property owners are represented by Hunziker Companies
and have applied for a minor amendment to the Ames Urban Fringe Plan (AUFP) Land Use
Framework Map for two parcels of land. The proposed change to the AUFP is to change the land
use designation to Rural Residential for both parcels to accommodate the construction of three new
homes along with retention of the existing farmstead site on the north parcel.
Moved by Betcher, seconded by Nelson, to adopt RESOLUTION NO. 18-361 approving the Ames
Urban Fringe Plan Map Amendment for 3554 N. 500th Avenue.
Roll Call Vote: 6-0. Resolution declared unanimously adopted, signed by the Mayor, and hereby
made a portion of these Minutes.
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PHASE IV RESEARCH PARK: City Manager Schainker stated that he was alerting the Council
and public of a project that is being contemplated. Staff from the Iowa State Research Park
approached staff about being a part of Phase IV of the ISU Research Park. This will require a new
investment in street and utility improvements for the creation of Phase IV. The City of Ames has
been a partner for the previous phases of the Research Park by financing the majority of the needed
infrastructure. In return, a commitment was made for the Research Park property to remain on the
tax rolls and that the sale (or lease) price of land in the Park be decreased to reflect the fact that the
City’s incentives resulted in a reduction in the per acre developed land cost as the incentive for new
development. The desire is that the City financial participation will also create high paying jobs.
Mr. Schainker informed Council that the John Deere company wished to increase its presence at the
Research park. John Deere wants to locate a new facility that will create the next generation of
sprayer equipment and they would like to locate that at the ISU Research Park, this would be a five-
acre site. John Deere would also like to establish a new innovation center that would initially rent
space in an existing space at the ISU Research Park building. John Deere Company has identified
a site, but they want to locate further south on unimproved land. The City would have to extend the
South Riverside road; which would require a new investment in street and utility improvements for
the creation of Phase IV.
City Manager Schainker commented that there are two challenges: The leapfrogging effect because
of wanting to locate on undeveloped land and the request for industrial tax abatement. The tax
abatement is a five year program that the City gives to industries that qualify, but it is in the
Developer Agreement with the University that the City will not give the abatement until the TIF debt
is paid off. It is the position of John Deere that they want this incentive. This would not be in
keeping with the City goal of paying back the TIF debt in fewer than ten years. ISU has been in
contact with the Economic Development Administration (EDA) to apply for a federal grant. In
addition, Iowa State Research Park officials are working on convincing the Iowa Department of
Transportation that research parks are unique and should qualify for a 70% match of RISE funds.
Those two funding opportunities make it possible for the City to assist financially in extending
infrastructure farther south on S. Riverside and west on Collaboration Place in order to open up
approximately 32 more developable acres and complete the loop back around Collaboration Place
as the full Phase IV area. Staff feels this would be a benefit due to increasing the tax rolls, making
more land available for sale or lease, and additional jobs.
Council Member Gartin expressed that granting the abatement can not be framed as a precedent to
other businesses. City Manager Schainker agreed and expressed that to ISU Research. Mr.
Schainker explained that the tax abatement makes it harder to pay off the TIF in ten years or less.
The City does not receive any money until the TIF is paid off. Staff will make it clear that no other
properties within this TIF can apply for tax abatement until the TIF is paid off. The two funding
opportunities from EDA and RISE are very important to making this project work. It is possible that
John Deere will expand in the future and will also be a major tenant in other parts of the Research
Park.
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Steve Carter, 1805 Collaboration Place, Ames, stated that the Research Park is the single largest tax-
payer to the City. John Deere is a unique and it is an exceptional opportunity for Ames. The land
John Deere desires was identified as one day to be developed by the Research Park. The goal is to
get the EDA funds to help extend the infrastructure further than just to the John Deere project.
Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 18-358 approving the
co-sponsorship (with Iowa State University Research Park) the U.S. Economic Development
Administration Grant application.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON NUISANCE ASSESSMENTS: The Mayor opened the public hearing and closed
it after there was no one wishing to speak.
Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 18-359 approving the
assessing costs of snow/ice removal and certifying assessments to Story County Treasurer.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON THE VACATION OF RIGHT-OF-WAY ADJACENT TO 1604 TRUMAN
DRIVE: The public hearing was opened by the Mayor. He closed the hearing after no one asked
to speak.
Moved by Corrieri, seconded by Betcher, to pass on first reading an ordinance vacating the right-of-
way adjacent to 1604 Truman Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON 2017/18 SOUTH DUFF AVENUE IMPROVEMENTS: Mayor Haila opened the
public hearing. He closed the hearing once there was no one wishing to speak.
Public Works Director John Joiner stated that the bids came in considerable higher than the
engineers’ estimate and over budget. The consulting engineer and staff are looking for a way that
the project could be valued engineered; using the current bid with a low bidder so the contract could
be awarded and savings could be realized through the project by maximizing different things that
can be done with the project. The other alternative is to revise the project and rebid the project in
the fall when there may be a more competitive environment. Staff recommended to Council to
accept the report of the bids and table the final action of the contract until June 26. City Manager
Schainker added that the owner, Dickson Jensen is concerned about the project being delayed
because of a possible sale. Without the improvements that would delay or possibly eliminate the
sale. Due diligence needs to be done also.
Mr. Joiner felt the high bid was due to timing of bidding in the summer, tight timeframe to complete,
and the bidding was done while contractors are out doing the work. Opinions are that there might
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be significant benefit to redesigning some savings in the project and rebidding in the fall. Staff
wanted to be certain before recommending that.
Moved by Betcher, seconded by Corrieri, to accept the report of bids and table the awarding the
contract until June 26.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON WATER POLLUTION CONTROL FACILITY STRUCTURAL
REHABILITATION PROJECT, PHASE 2: The Mayor opened the public hearing and closed it
after there was no one wishing to speak.
Mayor Haila inquired about the large amount of difference in bids. Water Plant Superintendent Lyle
Hammes explained that staff did four different reference projects checks and approached the
company directly. The company gave a cost break down of their bid. The company stated they were
light on work and they have a broad spectrum of workers to complete without subcontractors.
Moved by Nelson, seconded by Corrieri, to adopt RESOLUTION NO. 18-360 approving final plans
and specifications and awarding the contract to Minturn, Inc. Of Brooklyn, Iowa in the amount of
$558,600.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE TO CHANGE STREET NAMES IN THE EAST ANNEXATION AREA: The
Mayor opened the public hearing and closed it after there was no one wishing to speak.
Moved by Corrieri, seconded by Betcher, to pass on first reading an Ordinance changing the street
names in the East Annexation Area.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTIES WITH THE DOWNTOWN GATEWAY FOCUS
AREA OF THE LINCOLN WAY CORRIDOR PLAN: Moved by Beatty-Hansen, seconded by
Corrieri, to pass on second reading an Ordinance rezoning properties within the Downtown Gateway
Focus Area of the Lincoln Way Corridor Plan from Highway Oriented Commercial (HOC) and
Downtown Service Center (DSC) Zoning Districts to Downtown Gateway Commercial Zoning
District.
Roll Call Vote: 4-1-1. Voting Aye: Martin, Beatty-Hansen, Gartin, Corrieri. Voting Nay: Betcher.
Abstaining due to conflict of interest: Nelson.
ORDINANCE REVISION TO MUNICIPAL CODE SECTION 21.121(2): Moved by Nelson,
seconded by Corrieri, to pass on second reading an Ordinance approving the revision to Municipal
Code Section 21.121(2) to allow signs not exceeding 16 square feet to be erected in residentially
zoned private parks.
Roll Call Vote: 6-0. Motion declared carried unanimously.
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ORDINANCE TO SET STANDARDS FOR THE DOWNTOWN/GATEWAY ZONING
DISTRICT: Council Member Gartin asked Director Diekmann to explain the difference between
pre-existing and non-conforming. Mr. Diekmann explained that a use that is declared pre-existing
has to be a legally established use and allows for that use to continue but does not have limits on the
expansion on the existing site. Any expansion would have to meet the current Zoning Ordinance.
If the use is discontinued for 12 months it can not be reestablished. The increase of intensity is the
difference between pre-existing and non-conforming. Council Member Corrieri confirmed that any
non-conforming uses that already exist in Highway-Oriented Commercial (HOC) would remain non-
conforming. Changing to pre-existing would only be changing the uses that are specifically new
in the new Downtown Gateway Zoning. Director Diekmann added that the most substantial would
be the vehicle services, such as car wash, repair, and gas stations are permitted in HOC, if labeled
as three individual uses under vehicle service facilities and made them pre-existing those existing
sites would have the benefit of modifying their operations. Mayor Haila pointed out that those
businesses would be able to remodel or rebuild and continue to be that way. Mr. Diekmann noted
that a special use can stay a special use.
Moved by Gartin, seconded by Betcher, to amend the Ordinance that with the implementation of the
rezoning that would trigger the businesses to be non-conforming, would now be considered pre-
existing businesses instead.
Vote on Motion: 4-1-1. Voting Aye: Betcher, Beatty-Hansen, Gartin, Corrieri. Voting Nay: Martin.
Abstaining due to conflict of interest: Nelson. Motion declared carried.
Mayor Haila suggested to Council to table this until the next Council meeting due to a meeting set
with local business owners.
Moved by Gartin, seconded by Corrieri, to table third reading of the Standards until June 26.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE FOR INSTALLATION OF PUBLIC ART IN SETBACKS: Moved by Corrieri,
seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4356 allowing the
installing of public art in setbacks.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
O R D I N A N C E E S T A B L I S H I N G T H E 4 1 5 S T A N T O N A V E N U E U R B A N
REVITALIZATION AREA: Moved by Gartin, seconded by Corrieri, to pass on third reading and
adopt ORDINANCE NO. 4357 establishing the 415 Stanton Avenue Urban Revitalization Area.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REZONING 3507 SOUTH DUFF AVENUE FROM HIGHWAY-ORIENTED
COMMERCIAL (HOC) TO AGRICULTURAL (A): Moved by Betcher, seconded by Martin,
to pass on third reading and adopt ORDINANCE NO. 4358 rezoning 3507 South Duff Avenue from
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Highway-Oriented Commercial (HOC) to Agricultural (A).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE MODIFYING SECTION 19.12 OF MUNICIPAL CODE ALLOWING BIKE-
RIDING ON HARD-SURFACED PATHWAYS IN BROOKSIDE PARK: Moved by Beatty-
Hansen, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4359 modifying
Section 19.12 of Municipal Code allowing bike-riding on hard-surfaced pathways in Brookside Park.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Director Diekmann stated that the
City does not have Urban Revitalization areas. There is a policy that states Council will consider
creating them in certain places. The letter is to try to convince Council on how the criteria are met.
Moved by Martin, seconded by Beatty-Hansen, to decline to refer to staff for consideration of
establishment of an Urban Revitalization area for properties located at 121 Dotson, 115 Dotson, and
127 Dotson.
Council Member Nelson suggested getting more information to see if this fits with the Lincoln Way
Corridor objectives.
Vote on Motion: 2-4. Voting Aye: Martin, Beatty-Hansen. Voting Nay: Betcher, Nelson, Gartin,
Corrieri. Motion failed.
Moved by Beatty-Hansen, seconded by Corrieri, to request a memo from staff on the consideration
of Urban Revitalization area for properties located at 121 Dotson, 115 Dotson, and 127 Dotson.
Vote on Motion: 5-1. Voting Aye: Betcher, Nelson, Beatty-Hansen, Gartin, Corrieri. Voting Nay:
Martin. Motion declared carried.
Moved by Corrieri, seconded by Martin, to not respond to an anonymous request for a renter’s
advocate and supporting city code person.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Betcher, to request a memo from staff to explain the
requested rezoning properties located at 3115 and 3125 Grove Avenue.
Vote on Motion: 5-1. Voting Aye: Betcher, Nelson, Beatty-Hansen, Gartin, Corrieri. Voting Nay:
Martin. Motion declared carried.
Moved by Betcher, seconded by Corrieri, to table Al Warren’s request to add two bedrooms in his
basement for rental property located at 2334 Storm Street until June 26.
Vote on Motion: 6-0. Motion declared carried unanimously.
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Moved by Corrieri, seconded by Betcher, to refer to the traffic engineer for traffic consideration for
speeding on Hyde Avenue.
Vote on Motion : 6-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Nelson, to refer to Public Works the request to consider a refund
for offsite improvements at Hyde/Bloomington and Grand/Bloomington intersections.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Mayor Haila asked the Council about the consideration of removal of
the Westside Neighborhood from the Rental Cap on a future agenda.
Moved by Corrieri, seconded by Nelson, to bring back the consideration of the Westside
Neighborhood on a future agenda.
Vote on Motion: 3-3. Voting Aye: Nelson, Gartin, Corrieri. Voting Nay: Betcher, Martin, Beatty-
Hansen. Mayor Haila broke the tie. Motion declared carried.
ADJOURNMENT: Moved by Gartin to adjourn the meeting at 10:25 p.m.
___________________________________ __________________________________
Stacy Craven, Recording Secretary John A. Haila, Mayor
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