HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 12/19/2017MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 19, 2017
The Regular Meeting of the Ames City Council was called to order by Mayor Ann Campbell at
6:00 p.m. on December 19, 2017, in the City Council Chambers in City Hall, 515 Clark Avenue,
pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber
Corrieri, Tim Gartin, and Chris Nelson. Council Member Peter Orazem joined the meeting
telephonically. Ex officio Member Rob Bingham was also present.
Mayor Campbell announced that the Council would be working from an Amended Agenda. Added
under Planning & Housing was the following:
321 State Avenue Affordable Housing Development (Old Middle School):
a.Resolution approving Development Agreement with JCORP, Inc.
b.Resolution awarding contract to Keller Excavating, Inc., of Boone, Iowa, in an amount not to
exceed $1,196,833.26 for public improvements
Council Member Nelson asked to pull Item No. 13 (Community Catalyst Building Remediation
Program Grant for Main Street Cultural District) for separate discussion.
CONSENT AGENDA: Moved by Gartin, seconded by Corrieri, to approve the following items on
the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a.Class C Liquor – Cyclone Liquors, 626 Lincoln Way (Back Room Only)
b.Class C Liquor – 1 Night Stand, 124 Welch Avenue
3.Motion approving 5-day (January 12-16) Class C Liquor License for Olde Main at CPMI Event
Center, 2321 N. Loop Drive
4.Motion approving new Class C Beer & B Wine Permit for Fresh Thyme Farmers Market, 215 S.E.
5th Street (pending final inspection)
5.Motion accepting Progress Report from Sustainability Coordinator
6.RESOLUTION NO. 17-702 approving and adopting Supplement No. 2018-1 to Municipal Code
7.RESOLUTION NO. 17-703 approving appointment of Liz Jeffrey to fill vacancy on Ames Transit
Agency Board of Trustees
8.RESOLUTION NO. 17-704 approving Council Member Gloria Betcher to serve on the NLC
University Communities Council
9.RESOLUTION NO. 17-705 approving Amendment to 2017/18 Pay Plan
10.RESOLUTION NO. 17-706 approving Contract for COTA Spring Special Project Grant
11.RESOLUTION NO. 17-707 approving additional funding for prosecution assistance for Legal
Department
12.RESOLUTION NO. 17-708 accepting right-of-way dedication of Sheffield Avenue
13.Asset Management Agreement (AMA)/Pipeline Services for Power Plant:
a.RESOLUTION NO. 17-710 approving renewal of contract with BP Canada Energy Marketing
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Corp. of Omaha, Nebraska, for AMA Transaction Confirmation
b.RESOLUTION NO. 17-711approving renewal of contract with BP Canada Energy Marketing
Corp. of Omaha, Nebraska, for Transaction Confirmation
c.RESOLUTION NO. 17-712 authorizing purchase of additional natural gas, plus delivery as
needed, in an amount not to exceed $300,000
14.RESOLUTION NO. 17-713 approving Change Order No. 3 for 2016/17 Water System
Improvements Program #1 - Water Service Transfer (8th Street, Hayward Avenue, Little Street)
15.RESOLUTION NO. 17-714 approving Change Order No. 1 for additional engineering services
with Strand Associates, Inc., of Madison, Wisconsin, for the WPCF Digester Pumps, Piping, and
Valves Replacement Project
16.RESOLUTION NO. 17-715 approving partial completion of public improvements for Hayden’s
Crossing, 2nd Addition
Roll Call Vote: 6-0. Resolutions/Motions declared adopted/approved unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
COMMUNITY CATALYST BUILDING REMEDIATION PROGRAM GRANT: Council
Member Nelson stated that he had requested this item be pulled as he has a possible conflict of interest.
Therefore, he would be abstaining from the vote.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 17-709 authorizing City staff
to sign the Pre-Application prepared by Main Street Cultural District for Community Catalyst Building
Remediation Program Grant for a building located at 131 Main Street.
Roll Call Vote: 5-0-1. Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Orazem. Voting nay:
None. Abstaining due to conflict of interest: Nelson.
PUBLIC FORUM: Mayor Campbell opened Public Forum. Merlin Pfannkuch, 1424 Kellogg
Avenue, Ames, commented that he had asked the Council for two things last fall:
1.To review the East Industrial Area before bids are let for the infrastructure. However, he heard
the recent announcement about an agreement between the Ames Economic Development
Commission (AECD) and Alliant Energy to develop the area further; so, he doesn’t know if a
review is still warranted.
2.For the City Council to adopt a more formal policy relating to industrial tax abatement. As the
area develops, Mr. Pfannkuch believes that there will be more and more companies asking for
the City to give them more than what it would offer them. He expressed his dismay over the way
Barilla’s tax increment financing developed and felt that the Council should have had more say
early on. Mr. Pfannkuch noted that the City has had the regular five-year tax abatement for
industrial for decades and he does not want more pressure to be put on staff to negotiate with a
company that wants more than the usual five-year abatement. If a company is not happy with the
usual five-year abatement, it should have to come before Council more than 14 days prior to any
approval granted by the City.
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Mr. Pfannkuch also stated that he was not pleased that Barilla was never made to come before the
Council at a meeting and ask for more incentives.
Richard Deyo, 505-8th Street, #2, Ames, said “Merry Christmas.”
There being no one else wishing to speak, the Mayor closed Public Forum.
HEARING ON AMENDMENT TO THE EAST UNIVERSITY IMPACTED AREA (UIA
EAST) URBAN REVITALIZATION PLAN: City Planner Charlie Kuester reminded the City
Council members that at its November 28, 2018, meeting, the Council had directed staff to prepare
an amendment to the East University Impacted Area Urban Revitalization Plan. The Council’s
direction was to include new construction of Greek residences as an eligible criterion for tax
abatement. He noted that the existing criterion of allowing for abatement for rehabilitation and
expansion remains. Mr. Kuester brought the Council’s attention to the map of the Urban
Revitalization Area in question.
Council Member Betcher said that she was looking at the proposed language, specifically, at the two
bulleted items listed as Attachment 3, Page 5, of the Council Action Form. She noted that, under the
first bullet, it talks about existing or former residences, which is the previous language with the 70%
remaining, but the second one doesn’t say anything about demolition of existing buildings; it simply
talks new construction. Therefore, in her opinion, that opens the door for Greek houses anywhere
in the UIA East to be constructed with the potential for tax abatement. Planner Kuester confirmed
that that was the way the language reads. He specified that it was not tied to the demolition of an
existing building; it was just tied to building a new one. Ms. Betcher then inquired if that would
leave it open for an assembly of properties that could then be developed as a single property for the
construction of a Greek residence. Mr, Kuester again confirmed that it would. Council Member
Betcher said it had been her assumption that that was not the Council’s intention; however, she is
not sure that that was specified by the City Council.
Mayor Campbell opened the public hearing.
Doug Moore, a resident of Franklin Township, advised that he owns commercial property at 611
East Lincoln Way, Ames. He asked the Council to slow down and get all the information about the
possible consequences on the finances of the City and of the neighborhood. Mr. Moore feels that the
Council’s decision was being made with very little analysis being done. According to Mr. Moore,
this would cost an enormous amount of money to the City of Ames, Ames School District, and Story
County. The cost of the proposed abatement, as noted in the Ames Tribune, would be $750,000 for
two properties that have already been built and are now asking for tax abatement. According to Mr.
Moore, the proposed change to the current Plan would allow every Greek House to be torn down and
rebuilt with the potential for tax abatement. Mr. Moore said he understands that the City Assessor
can provide the data as to what it would cost if every Greek house decided to build new. He felt that
the intent of the existing current Ordinance is very clear; in fact, the Ordinance specifically states in
several places (at least four) its goal is to discourage demotion. Requiring at least 70% of the
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existing structure to remain makes sense to retain the historic character of the building. It was also
noted by Mr. Moore that when the Plan was initially adopted, the Historic Preservation Commission
was fully in favor of it. He asked if the Historic Preservation Commission had been informed of this
potential change. Mr. Moore stated that there was no question that the Greek community contributes
positively to the City of Ames. He would like the Council to explore a compromise and cap the
abatement at $200,000 for fully rebuilt properties. In his opinion, that would discourage demolition
while still showing support for the Greek System. Mr. Moore would like a thorough review by the
City Assessor’s Office, particularly Greg Lynch, on such a compromise as it pertains to revenue and
the cost of the change.
Paul Livingston, 1926 George Allen Avenue, Ames, offered his support of the proposed amendment
to the East University Impacted Area Urban Revitalization Plan, as written. He noted that there are
little or no options for construction of new fraternities in the present stock of properties for sale in
Ames. Mr. Livingston said he is currently working with a sorority and fraternity in trying to find
properties for sale where a new Greek House could be built. He has been charged the task to try to
assemble properties - whether they be tri-plexes, duplexes, or older homes - as they are only
permitted in a designated area. He asked the Council to support the proposal, as written.
Justin Dodge, 2013 Green Briar Circle, Ames, advised that he was representing the Greek Alumni
Alliance. He stated that the Greek Alumni Alliance is very supportive of the proposed amendment.
Mr. Dodge referenced the video of the Council meeting in 2011 when the Council’s direction was
clear. He asked Planner Kuester to clarify a few things about what is reviewed before Greek houses
are allowed to be demolished. According to Mr. Dodge, there are very few properties that would
be allowed to be demolished. Planner Kuester confirmed that in order to demolish a Greek House,
it would have to apply and get permission from the City Council. The Zoning Code does encourage
the maintenance and rehabilitation of existing building. There are a number of economic hardship
and other criteria that would have to be met before the building could be demolished. Also, any
design of new construction would have to meet the same design criteria as rehabilitation. According
to Mr. Kuester, the tax abatement program works hand in hand with the Zoning Code.
The hearing was closed after no one else requested to speak.
Moved by Nelson, seconded by Corrieri, to adopt RESOLUTION NO. 17-716 to approve the
Amendment to the East University Impacted Area Urban Revitalization Plan, as shown in
Attachment 3 of the Council Action Form.
Council Member Beatty-Hansen commented that “this would be a bad idea.” She believes that the
purpose of the original Ordinance was to discourage demolition and she does not see how demolition
is being discouraged if the same abatement is allowed for new construction. Ms. Beatty-Hansen
asked if the City had ever approved a retroactive abatement. City Manager Steve Schainker said that
he did not recall any such instance. Council Member Orazem said he recalled another project
approximately seven years ago, which he believed was an mobile home park, that was approved for
urban revitalization. The Council did not give approval before the mobile home park was cleaned
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up and given some kind of retroactive approval. Director Diekmann noted that the Council did not
approve abatement retroactively; it was approved with the project. Ms. Beatty-Hansen advised that
she would like to preserve some way to encourage rehabilitation instead of demolition. She would
like to explore some sort of a tiered system. City Manager Schainker said the City would need to
see what state law will allow. It was Ms. Beatty-Hansen’s opinion that the Council was being
pressured to perhaps make a poor policy decision because of the time frame for abatement. She
would like to know what possible consequences there could be from approving retroactive abatement
and also would like the Council to receive more information on a tiered system.
Council Member Betcher stated that she was concerned about the proposed language. She sees it as
opening the door for Greek houses to be constructed in all areas of the City. Because of what she
has learned tonight, which was not how she had understood the proposed change, she is not sure
whether she should be voting on it as the information presented tonight came as a surprise to her.
Ms. Betcher commented that she was concerned that the City is not “walking the talk” when it comes
to sustainability if the City is using incentives such as abatement that encourages demotion as
opposed to requiring renovation. Ms. Betcher also noted that the circumstances that guided the 2011
City Council are not the same as today. The consequences could be far-ranging and unintended. The
Greek System at that time was not doing well because they were losing students plus many more
students have been added in the past five years. This Council should consider its best practices at
this time as opposed to a decision that was never voted on in 2011.
Council Member Nelson commented that residential neighborhoods are not going to be torn down;
the area is already zoned RH. He sees the proposed change as incentivizing Greek houses to
aggregate in the same area.“community.” Mr. Nelson believes that if they are building new, it would
be because they need to enlarge the structure, which is still going to be constrained by lot size. He
said that there is a complicated interplay as to whether the economics makes sense to renovate or tear
down and build new.
Council Member Gartin asked if the Council should be focusing on what Justin Dodge originally
brought before the Council or have there been new elements added, such as buying up properties to
build a new Greek house. Planner Kuester advised that this would mean that a new chapter would
have the same opportunity for tax abatement as existing houses. Mr. Gartin thought that the Council
was only dealing with replacing existing Houses. He agreed that there is value in keeping the Houses
in the same area.
Roll Call Vote: 2-4. Voting aye: Corrieri, Nelson. Voting nay: Beatty-Hansen, Betcher, Gartin,
Orazem. Motion failed.
Moved by Gartin to approve the proposed language with the exception of the construction of new
Greek residence recognized by Iowa State University as part of the Greek residence system.
Council Member Gartin withdrew the motion.
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Council Member Beatty-Hansen asked if there was any interest in having staff bring back options
to allow for some tiered system. City Manager Schainker reminded the Council about the time frame
(that the Greek House has two years to apply). Council Member Betcher offered that she thinks there
is merit in discussing that further.
Council Member Beatty-Hansen commented that, with renovation, the historic character of the
structure is preserved. She questioned what public good would be achieved if tax abatement were
to be offered for new construction.
Council Member Betcher said she was also struggling to see what public good would be gained. She
again pointed out that the market conditions today are different than in 2011. Ms. Betcher
commented that she believes that the Council would not even be looking at incentizing new
construction if a video of the meeting in 2006 had not been shown.
Ex officio Member Rob Bingham commented that the public good would be in giving students a safe
place to live close to Campus. He offered that he does not think those starting up a new chapter
should be penalized and not offered the same incentives that existing Greek houses are afforded. Mr.
Bingham thinks that every stakeholder should be asked for their opinions.
Moved by Gartin, seconded by Corrieri, to allow tax abatement only for construction of new Greek
residences recognized by ISU if they are built on a site that was formerly a Greek residence.
It was clarified that the tax abatement for renovation with the 70% rule would still be in effect.
Roll Call Vote: 4-2. Voting aye: Corrieri, Gartin, Nelson, Orazem. Voting nay: Beatty-Hansen,
Betcher. Motion declared adopted, signed by the Mayor, and hereby made a portion of these
Minutes.
HEARING ON REZONING AND MAJOR SITE DEVELOPMENT PLAN (MSDP) FOR 398
SOUTH 500TH AVENUE AND PROPERTY WEST OF 5508 LINCOLN WAY: Planning and
Housing Director Kelly Diekmann recalled that the Council had reviewed the initial proposal for this
development in June 2017. The vote was 3-3 on the rezoning request, which was equal to denial.
The applicant was allowed to revise the rezoning request. The applicant is now proposing a Planned
Residence District (PRD) rezoning request with a modified arrangement of uses and a new MSDP.
The general layout of the site and intent for development of 100% rental property that is principally
student housing remains the same as the original proposal.
Planner Julie Gould advised that the proposed site plan includes a total unit count of 261 and a
bedroom count of 855. The dwelling types are divided into 214 dwelling units within two-family
dwellings (attached dwelling houses), four apartment buildings with 46 dwelling units, and one
single dwelling unit with the associated maintenance building. According to Planner Gould, the
newly proposed site plan includes changes to the southeast corner of the development to include four
apartment buildings, rather than all attached dwelling houses. The developer has indicated that the
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intent of including apartments is to provide a “workforce housing” use type. The workforce housing
units would not be rented to students. According to Ms. Gould, parking requirements have been met
throughout the site. The proposed apartments replace 13 two-family dwelling houses with four
apartment buildings. Ms. Gould stated that the inclusion of four three-story apartment buildings
changes how the project interfaces with the existing single-family development to the east. The
three-story apartments are set back 60 feet from the east property line, which exceeds the minimum
setback requirements.
Brian Torresi, DavisBrown Law Firm, representing the potential developer, said that the last time
this was discussed by the City Council, the vote was 3-3; however, the developer did not receive any
further direction. Mr. Torresi also noted that the vote by the Planning & Zoning Commission was
2-5.
Travis Vencel, representing Trinitas Ventures LLC, advised that the proposed project is not an
apartment complex; it is a residential community with duplexes and townhomes. The project is
planned to consist of 261 units comprised of one-, two-, three-, four-, and five-bedroom units. The
density will be 7.8 units/acre, which is one-half of apartment density. It will be marketed and leased
to everyone. There will be 17% of the units reserved for non-students. According to Mr. Vencel, the
developer is requesting approval by the City Council of the rezoning, Site Development Plan, and
Preliminary Plat (at a later time) for the development of 32 acres on Lincoln Way, with the 11
conditions as recommended by staff.
Mr. Vencel presented statistics pertaining to Ames, one of which was that 17,901 students live in
conventional apartments, workforce housing, core neighborhoods, or commute to Ames. He noted
that 57.76% of renters in Ames are “over-burdened,” meaning that their rent expense is more than
30% of their gross income. There are 9,500 residents of Ames who are between the ages of 24 and
34 based on Census data. There are 3,627 people commuting into Ames daily.
According to Mr. Vencel, several changes had been made to the project since last summer, including
increased landscaping, additional townhomes, and addition parking to exceed the zoning standards.
The developer has agreed to many improvements including $863,257 in drainage improvements,
$290,923 in drainage and pedestrian infrastructure (for a total $1,154,000). In addition, they have
agreed to a shuttle service. The development will have walking paths througout the project and
along Lincoln Way. The off-site storm water improvements are not required; however, the developer
is agreeing to do them to make the drainage in the area better. Maintenance will be the developer’s
responsibility (not that of the Drainage District).
Mr. Vencel showed a video of one of their developments, i.e., The Annex at Southpointe. According
to the developer, “it lives like a community, not apartments.” He said that in regards to public
transportation, the site is 2.1 miles and 5 minutes to the Union, less than the Copper Beech or The
Quarters apartment complexes. The developer has committed to providing shuttle service until such
a time as CyRide provides service.
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The public hearing was opened by Mayor Campbell.
Robert Dowling, 108 North Riverside Drive, Ames, shared that his parents are both Iowa State grads.
They still love to come to Ames to see how it has grown. Mr. Dowling said that when he came to ISU,
housing was so expensive, so his dad purchased a home for him and his brother to live. He is
supportive of the project as more competition would bring rent prices down.
Hunter Moser, 2323 Knapp, Ames, noted that he spends the majority of his income on rent. Mr. Moser
is supportive of the project.
Truman Brady, 4210 Lincoln Swing, Ames, encouraged the Council to approve the development.
Deborah Harmison, 5429 Norris Street, Ames, said that she and her husband just purchased their home
in 2014. One of the things that attracted them to that area was that there was a field behind them. They
could not afford a place in the country, so this was the closest they could come to living in the country.
Ms. Harmison noted that her neighborhood is “a community” and she doesn’t want the field to be
developed into apartments or duplexes.
Peter Wolfe, 5508 West Lincoln Way, Ames, noted that he and George Belitsos own the property in
question. He feels that Trinitas has proposed an innovative and affordable proposal, and he likes the
proposal. Mr. Wolf asked the Council to vote “yes” for what he considers a quality and affordable
housing project.
Lori Whitmer, 5426 Frost Drive, Ames, said that her home is adjacent to the proposed development.
She shared her concerns: traffic on Lincoln Way; drainage, which has been a problem on her property
in the past; and the size of the possible project.
Natalie Hallman, 111 Lynn Avenue, Ames, a senior at Iowa State University, shared that she and her
roommates had to sign a lease 12 months before they moved in. The price of rental housing in Ames
continues to rise. She asked the Council to approve the development.
Marilyn Clem, 3306 Morningside, Ames, advised that she has been a resident of the College Creek
Neighborhood for 41 years. She is concerned about all the concrete that would be installed as part of
the project and where the water will go. Ms. Clem said that her and her neighbors’ backyards already
flood. She doesn’t want to re-do her basement again and again if the proposed project is built.
George Belitsos, 5508 West Lincoln Way, Ames, said that he and Peter Wolf bought the property in
question 31 years ago. He noted that Norris Street ends where his property begins. In March 2016,
Mr. Belitsos said he went to an Affordable Housing Conference in Ames. He sat next to
representatives of Trinitas, who noted that they had just been turned down for a project. City staff had
told them where they should look to develop. His property met the developer’s location criteria. Mr.
Belitsos shared that they have an employee who helps with their animals who is trying to get into the
Vet College, but she does cannot afford to live in Ames. Mr. Belitsos noted that he and Mr. Wolf built
the existing detention pond for water run-off.
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Vladimir Chernobryrtzer, Kiev stated that he is considering Iowa State University for getting his PhD.
The proposed project is exactly what he is looking for in a residence, as it has the amenities that he is
looking for without driving to a gym, pool, studying room, etc.
John Crane, 632 North 500th Avenue, Ames, said that he is one of the potential sellers. Mr. Crane
noted that at some point, cities grow; there is only so much land available. He believes that the
proposed project will solve the water run-off problems. Mr. Crane said that he visited one of the
developments built by Trinitas. He did so before he would discuss selling his land to them. Mr. Crane
advised that the development he visited was very different than apartments; it looked like other newer
subdivisions in Ames.
Council Member Betcher asked about rent prices. Mr. Vencel stated that rents will start at $540/bed
for the five-bedroom units. Everything (furniture, cable, Internet, utilities) is included. The non-
furnished units for non-students will be about $75 less.
Ms. Betcher noted that the number of students listed by Mr. Vencel is not quite correct because it
includes “on-line students.” Mr. Vencel said that the numbers might not be absolutely exact, but there
is a need for this housing project.
Ex officio Member Robert Bingham asked how the shuttle would work. Mr. Vencel said that they will
have three shuttles that are operated so that they have a 20-minute trip. At peak times, they will
probably have a shuttle every ten minutes. They will not be letting off at a CyRide stop.
Council Member Gartin thanked the students who were offering comments at this meeting tonight
during a time when students are on break. He feels that the project in question is an opportunity to
provide the kind of housing that students want that are not part of an apartment complex. Mr. Gartin
feels this would be a beautiful addition to the community.
Mr. Diekmann stated that if the project is approved, the developer will have public improvement
obligations that would be triggered by approval of the Final Plat.
Moved by Beatty-Hansen, seconded by Betcher, to approve Alternative No. 3, which is to deny.
Ms. Beatty-Hansen feels that the density is still an issue; it is not much different than what the Council
had already seen.
Ms. Bingham said his issue with this still stands with its proximity to Campus. He agreed with Ms.
Beatty-Hansen that what was shown at this meeting was not much different than the previous project.
Mr. Bingham said he doesn’t deny that this project will help drive down rents, but he doesn’t think this
is the best project for the community.
Council Member Nelson offered that he thinks the project is a good project, but he feels that the
proposed location is not the best.
Council Member Gartin shared his opinion that there are very few opportunities for projects like this
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that are not going to cause disruption in neighborhoods.
Roll Call Vote: 4-2. Voting aye: Beatty-Hansen, Betcher, Corrieri, Nelson. Voting nay: Gartin,
Orazem. Motion declared carried.
Mayor Campbell advised that she would like to move Item No. 23 up on the Agenda and have it be
discussed next. There were no objections from the Council members.
2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): Assistant Finance
Director Tina Stanley stated that the City is required by Iowa law to have an annual audit of its
financial statements. She said that it was a “clean audit,” meaning the Auditor’s Report stated that
there were no significant deficiencies and no noncompliance material to the financial statements
noted. There was one material weakness found: an adjustment to the beginning net position of the
Transit Fund was necessary to correctly match revenues and expenses of a reimbursable grant. Staff
has met with the Transit Board to explain the need for this change and to correctly account for funds
in the future. Ms. Stanley pointed out the management letter, which confirmed that there were no
other issues that came up during the Audit.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 17-718 approving the 2017
Comprehensive Annual Financial Report.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
ORDINANCE LIMITING RENTAL OCCUPANCY IN SINGLE- AND TWO-FAMILY
RESIDENCES: Council Member Corrieri offered her opinion that the Council was moving too fast
with this Ordinance. She noted that she would like to know more about how this would affect
“functional families.” Council Member agreed with Ms. Corrieri and was also interested in knowing
the effects its adoption would have on certain types of families.
Moved by Orazem, seconded by Gartin, to pass on second reading an ordinance limiting rental
occupancy in single- and two-family residences.
Roll Call Vote: 4-2, Voting aye: Beatty-Hansen, Betcher, Gartin, Orazem. Voting nay: Corrieri,
Nelson. Motion declared carried.
The meeting recessed at 8:22 p.m. and reconvened at 8:34 p.m.
415 STATION AVENUE (OLD CRAWFORD SCHOOL): Planning and Housing Director
Diekmann advised that when staff was drafting the Development Agreement, the applicant advised
that they were asking for something different than was provided in the Code pertaining to senior-
restricted living. The Code states that all members of the household must be 55 and older, and the
applicant is wanting it to state that one member of the housing must be 55 and older. Since that is
a change, Director Diekmann asked the Council for direction. He advised that if the Council chooses
to grant the developer’s request, the Council would not address it as a City-wide text amendment.
However, if the City Council is wanting it to be City-wide, it could be done. Council Member
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Betcher asked if that would be a significant impediment to the deal. Mr. Diekmann deferred to the
applicant for the answer. Applicant Luke Jensen, 2519 Chamberlain, Ames, said that the answer at
this time is unknown. The answer will become apparent as the developer begins to meet with
potential buyers. As an example, Mr. Jensen said that one person in the household who was 55
might have a 52- or 54-year-old spouse, who under the current Code, would be disqualified from
living there. Ms. Betcher stated that her main concern is that someone who buys a unit could
possibly have to take in grandchildren. She is looking at what might negatively impact the other
residents. Council Member Nelson asked what would happen if a caregiver, e.g., a younger son or
daughter who needs to move in with a parent to care for him or her. He wondered if that could
possibly be addressed through the Homeowners’ Association. Mr. Jensen felt that it could be
addressed if need be in the Homeowners’ Association rules. At the inquiry of Council Member
Orazem, Director Diekmann advised that there is a “carve out” in the Fair Housing Act (Housing for
Older Persons) that allows the restriction of occupancy based on age.
Moved by Gartin, seconded by Nelson, to approve Alternative No. 2, to require at least one occupant
to be 55 years of age or older.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mr. Diekmann advised that third passage of the Ordinance would come back to the Council on
January 9, 2017, after the Developer’s Agreement has been prepared and signed.
ORDINANCE TO ALLOW DOG GROOMING AS PERMITTED USE IN VILLAGE ZONING
DISTRICT: Moved by Betcher, seconded by Beatty-Hansen, to adopt ORDINANCE NO. 4331 to
allow dog grooming as permitted use in Village Zoning District.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
321 STATE AVENUE AFFORDABLE HOUSING DEVELOPMENT (OLD MIDDLE
SCHOOL): Planning and Housing Director Kelly Diekmann stated that the Development Agreement
was not able to be completed by this meeting. He advised that the bids are good for 60 days; therefore,
the offer is valid to January 6, 2018. Staff has asked Keller Excavating to grant an extension to January
10, 2018, which would allow the Council to act on it at its meeting to be held on January 9, 2018. If
the bidder is not willing to do that, the project will have to be re-bid. City Manager Schainker advised
that the other possibility is for the City Council to schedule a special meeting prior to January 6, 2018.
There was no further direction by the City Council.
COUNCIL COMMENTS: Moved by Betcher, seconded by Nelson, to direct staff to place on a
future agenda the request from Pat Brown for a Zoning Text Amendment to allow for public art
installations in front-yard setbacks.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Gartin, seconded by Orazem, to get a memo from staff pertaining to abatement for new
construction of Greek houses, i.e., whether it is possible to have a separate and distinct abatement
schedule for new construction and whether options to give less abatement than what is offered to the
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renovation of Greek houses is possible.
Vote on Motion: 6-0. Motion carried unanimously.
Moved by Corrieri, seconded by Gartin, to get a memo from staff with some information about the
functional family and how it applies and what the process would be for those faced with having an
“illegal lease” after the adoption of the Occupancy Ordinance.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Betcher to adjourn the meeting at 8:56 p.m.
_______________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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