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HomeMy WebLinkAbout~Master - November 12, 2024, Regular Meeting of the Ames City Council1.Proclamation for "City of Ames Philanthropy Day," November 12, 2024 2.Proclamation for "National Hunger and Homelessness Week," November 17-23, 2024 3.Motion approving payment of claims 4.Motion approving Summary of Minutes of Regular City Council Meeting on October 22, 2024, and Special City Council Meeting on October 24, 2024 5.Motion approving Report of Change Orders for period October 16-31, 2024 6.Motion approving Civil Service Candidates 7.Motion approving Ownership Updates for Class C Retail Alcohol License - Red Lobster #0747, 1100 Buckeye Avenue 8.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. AJ’s Liquor III, (2401 “A” Chamberlain Street), Class E Retail Alcohol License b. Chocolaterie Stam, (230 Main Street), Class B Native Wine Permit c. Time Out, (120 Kellogg Avenue), Class C Liquor License d. Sam's Place, (125 Main Street), Class C Retail Alcohol License 9.Resolution authorizing staff to submit letter of intent to apply for Rural Energy Savings Program Loan 10.Requests from Ames Main Street for Small Business Saturday on November 30, 2024: a. Motion approving Blanket Temporary Obstruction Permit for Downtown and Campustown b. Resolution approving suspension of parking regulations and enforcement for Downtown and Campustown from 8:00 a.m. to 8:00 p.m. on Saturday, November 30, 2024 c. Resolution approving/motion denying waiver of parking meter fees and enforcement d. Resolution approving transfer of $2468.25 from Hotel/Motel Tax Fund to the Parking Fund 11.Requests from Ames Main Street for Winter Sidewalk Sales on January 9-12, 2025: a. Motion approving Blanket Temporary Obstruction Permit b. Resolution approving suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, January 11 c. Resolution approving/motion denying waiver of parking meter fees and enforcement d. Resolution approving request from Ames Main Street for Saturday, January 11 to transfer $1,370.25 from the Hotel/Motel Tax Fund to the Parking Fund AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL NOVEMBER 12, 2024 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. PROCLAMATIONS: CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 12.Resolution approving plans and specifications for 2019/20 Storm Water Erosion Control Program (Ioway Creek - 6th to 13th St) setting December 4, 2024, as the bid due date and December 10, 2024, as the date of Public Hearing 13.2023/24 Ames Plan 2040 Sanitary Sewer Utility Infrastructure (265th Street Extension): a. Resolution approving preliminary plans and specifications for the 2023/24 Ames Plan 2040 Sanitary Sewer Utility Infrastructure (265th Street Extension) project, setting December 4, 2024, as the bid due date and December 10, 2024, as the date of Public Hearing b. Resolution approving the agreement for city sanitary sewer installation on county roadway 14.Integrated Site Plan Subdivision Major Final Plat for 1726 Collaboration Place a. Resolution approving Final Plat for the Iowa State University Research Park Phase III Subdivision, Seventh Addition b. Resolution approving Development Agreement for Phasing 15.Resolution awarding a contract to SVPA Architects, Inc., West Des Moines, Iowa for the Architectural and Engineering Services for the Park Maintenance Complex Expansion in the amount not to exceed $50,200 16.Resolution approving an agreement with the Iowa Department of Natural Resources, Land and Water Conservation Fund for a grant in the amount of $175,000 for the purchase of the Sands- McDorman property 17.Resolution approving the Memorandum of Agreement with Mary Greeley Medical Center regarding its donation for the construction of the Fitch Family Indoor Aquatic Center 18.Resolution waiving requirement to solicit formal bids and approving a contract to CentralSquare Technologies, LLC, a CentralSquare Company, of Lake Mary, Florida in the amount of $152,845.87 19.Resolution approving contract and bond for the 2023/24 Ames Plan 2040 Sanitary Sewer Extension (S 500th Ave Country Line Road) with Rognes Corp of Ankeny, Iowa 20.Resolution approving contract and bond for the 2022/23 Story County Edge of Field project with Hands On Excavating, LLC, of Radcliffe, Iowa 21.Resolution approving contract and bond for the 2024/25 Traffic Signal Program with Van Maanen Electric, Inc., of Newton, Iowa 22.Resolution accepting the 2024/25 Shared Use Path Maintenance Program as completed by Mid Iowa Enterprises, LLC of Story City, Iowa in the amount of $75,340 23.Resolution approving completion of public improvements and releasing financial security in full for ISU Research Park Phase 3, 5th Addition - Ag Innovation 24.Resolution accepting completion of three years of the four-year Stormwater Management Maintenance requirements at 619 Burnett, Fareway Site Plan, and reducing the financial security on file to $2,755 25.Resolution accepting Change Order No. 2, to Terracon Consultants, Inc. of Ames, Iowa for Building Envelope Evaluation and Inspection Services for the Fitch Family Indoor Aquatic Center in the amount not to exceed $89,090 26.Resolution authorizing staff to enter into agreement(s) with Iowa State University Extension and Outreach for up to $8,000 to assist with hosting community conversations around homelessness with service providers and conducting outreach to individuals experiencing homelessness 27.Request for partial tax abatement incentive for construction of a new furniture store PUBLIC FORUM : This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: 2 a. Motion directing staff to proceed with creation of an Urban Revitalization Area Plan with a five-year partial property tax abatement schedule for a furniture store north of S.E. 5th Street between Target and Walmart. 28.Climate Action Plan Update 29.Resolution authorizing the City, in partnership with Mid-Iowa Community Action, to apply for the EPA Environmental and Climate Justice Community Change Grant in the amount of $1 0,000,000- $15,000,000 30.Lead Service Line Public Notice 31.Motion Directing Staff to Modify Public Hearing Requirements for Plan Approvals under the Zoning Ordinance 32.Resolution approving Plat of Survey for 6210 East Lincoln Way and Resolution approving a Plat of Survey for Section: 09 Township: 83 Range: 23 SE NE along 590th Avenue in rural Story County 33.Resolution to amend Iowa State University Research Park (ISURP) Development Agreement to Allow Residential Use Tax Classification 34.Conservation Subdivision Ordinance Changes and Stormwater Modeling Follow-Up 35.Hearing on FY 2024/25 Water Treatment Plant - Lime Ponds Underdrain Improvements Project: a. Motion accepting report of bids b. Resolution approving final plans and specification and awarding a contract to Con-Struct Inc., of Ames, IA in the amount of $200,669 36.Hearing on Mini-Pitch Project at Lloyd Kurtz Park (3710 Hyde Ave): a. Motion accepting report of bids for all Bid Packages (1-4) and directing staff to delay award of Bid Packages 1, 3, and 4 b. Motion directing staff to reissue Bid Package 2 - Mini-Pitch System, Lights, and Acrylic Surfacing. c. Resolution approving preliminary plans and specifications for Mini-Pitch Project at Lloyd Kurtz Park (3710 Hyde Ave) for Bid Package 2 - Mini-Pitch System, Lights, and Acrylic Surfacing; setting December 4, 2024, as the bid due date and December 10, 2024, as date of public hearing and award of all Bid Packages (1-4) 37.Hearing on Ames City Hall Interior Updates Phase II: a. Motion accepting report of bids 38.Participation with agencies, boards, and commissions: a. Discover Ames (ACVB) b. Ames Regional Economic Alliance (AREA) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees SUSTAINABILITY: WATER AND POLLUTION CONTROL: PLANNING AND HOUSING: PUBLIC WORKS : HEARINGS: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY: 3 39.Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in litigation or where litigation is imminent and Section 21.5(1)(j), Code of Iowa, to discuss purchase of particular real estate COUNCIL COMMENTS: CLOSED SESSION: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 4 To:Mayor and City Council From:City Clerk's Office Date:November 8, 2024 Subject:Approval of Minutes Item No. 4 MEMO Attached are the minutes for the Regular Meeting of the Ames City Council on October 22, 2024, and Special Council Meeting on October 24, 2024. ATTACHMENT(S): C24-1022 Summary.pdf C24-1024.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 5 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 22, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59 p.m. on the 22nd day of October 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. City Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins were present. Ex officio Emily Boland joined the meeting telephonically. CONSENT AGENDA: Council Member Gartin requested to pull Item No. 12 and Council Member Betcher requested to pull Item No. 13. Moved by Betcher, seconded by Beatty-Hansen, to approve the Consent Agenda less Item No. 12 and Item No. 13. 1. Motion approving payment of claims 2. Motion approving Summary of Minutes of Regular City Council Meeting on October 8, 2024 3. Motion approving Report of Change Orders for period October 1-15, 2024 4. Motion approving new Class C Retail Alcohol License - Radisson Hotel Ames, 2609 University Boulevard, Pending Favorable DIA Inspection 5. Motion approving new Class E Retail Alcohol License - Southgate Ames Iowa, (110 Airport Road), Pending Favorable DCI Background Checks and Favorable Inspections 6. Motion approving new 5-Day (November 2 - November 6, 2024) Special Class C Retail Alcohol License - Gateway Hotel & Conference Center, 1800 Christensen Drive, (Pending Dramshop Review) 7. Motion approving new 5-Day (October 28 - November 1, 2024) License - Apres Bar Co., 2120 Lincoln Way 8. Motion approving the renewal of London Underground, (212 Main Street), Class C Retail Alcohol License 9. Motion approving Fitch Family Indoor Aquatic Center Monthly Update 10. Requests from Ames Main Street for Snow Magic on December 5, 2024: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving Blanket Vending License c. RESOLUTION NO. 24-553 approving waiver of Vending License fee d. RESOLUTION NO. 24-554 approving usage of electricity in Tom Evans Plaza and waiver of fees for electricity 11. RESOLUTION NO. 24-555 approving Quarterly Investment Report for period ending September 30, 2024 12. RESOLUTION NO. 24-556 approving plans and specifications for the Carr Park Agility Course and set November 27, 2024 as the bid due date and December 10, 2024, as date of public hearing and award 13. RESOLUTION NO. 24-557 approving agreement with Jordan Brooks to paint murals on brick pier located at Welch Avenue and Chamberlain Streets 14. RESOLUTION NO. 24-558 approving Professional Service Agreement with Bolton & Menk for the 2024/25 Airport Entryway Improvements 6 2 15. RESOLUTION NO. 24-559 awarding contract to HDR Engineering, Inc., of Omaha, NE, for Boiler Heating System Feasibility Study for Electric Services, in an amount not to exceed $54,800 16. RESOLUTION NO. 24-560 awarding contract to Poindexter Flooring Inc., of Indianola, IA, for Carpet Replacement at the Ames Public Library, in the amount of $304,341 17. RESOLUTION NO. 24-561 awarding contract to Gillig LLC of Livermore, California, for two 40' heavy-duty diesel buses for a total cost not to exceed amount of $1,256,996 18. RESOLUTION NO. 24-562 approving Amendment No. 5 to Professional Services Agreement with HDR for the North River Valley Wellfield Project 19. 2021/22 Stormwater Erosion Control (Bloomington Waterway) a. RESOLUTION NO. 24-563 accepting Change Order No.2, the balancing change order, reducing the contract amount by ($44,866.00) b. RESOLUTION NO. 24-564 accepting the project as completed by Con-Struct Inc., of Ames, Iowa in the amount of $176,305.20 20. RESOLUTION NO. 24-565 approving contract and bond for the 2023/24 Airport Improvement Program (Wildlife Fence Project) with Minturn, Inc., of Brooklyn, Iowa 21. RESOLUTION NO. 24-566 approving contract and bond for the Ames City Auditorium HVAC Improvements Project with Mechanical Comfort, Inc. of Ames, Iowa Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. CARR PARK AGILITY COURSE: Council Member Gartin stated that he had requested an update from Director of Parks and Recreation Keith Abraham on the project. Director Abraham noted that there had been three public input sessions on the project and that staff was excited to continue moving forward. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 24-556 approving plans and specifications for the Carr Park Agility Course and set November 27, 2024 as the bid due date and December 10, 2024, as date of public hearing and award. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ARTIST AGREEMENT FOR MURAL AT WELCH AVENUE AND CHAMBERLAIN STREETS: Council Member Betcher shared her desire to allow the artist to present the design and discuss bringing the date and map on the mural into alignment. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-557 approving agreement with Jordan Brooks to paint murals on brick pier located at Welch Avenue and Chamberlain Streets, contingent upon staff confirming with the artist and FUEL that the design change had been made to bring the date and map into alignment. 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 the Public Forum. Audrey Kennis, 3415 Emerald Drive, Ames, requested clarification and a potential housing code amendment that would allow four individuals to occupy a three-bedroom home in order to obtain 7 3 a Rental Certificate. Mayor Haila closed the Public Forum when no one else came forward to speak. PRESENTATION OF THE 2024 RESIDENT SATISFACTION SURVEY RESULTS: Communications and Outreach Manager Susan Gwiasda presented the survey results. Moved by Betcher, seconded by Rollins, to accept the Resident Satisfaction Survey results. Vote on Motion: 6-0. Motion declared carried unanimously. SEWER REVENUE BONDS, SERIES 2024: Director of Finance Corey Goodenow reviewed the Council Action Form (CAF). Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 24-567 authorizing and approving a Loan and Disbursement Agreement and providing for issuance and securing the payment of Sewer Revenue Bonds, Series 2024. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. FINAL MINOR PLAT FOR PRAIRIE VIEW INDUSTRIAL FIRST ADDITION: Planner Justin Moore presented the CAF. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-568 approving Final Plat with waiver of sidewalk/path installation contingent upon approval of deferral agreement. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. REQUEST TO DEFER ANNEXATION COVENANTS BY OWNERS OF 2114 & 2126 STATE AVENUE: Planner Moore reviewed the CAF. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Junck, to table the item to a subsequent City Council meeting and reach out to the affected property owners to inform them when the item would be discussed. Vote on Motion: 6-0. Motion declared carried unanimously. AMES/ISU ICE ARENA RADIANT HEAT REPLACEMENT PROJECT: Director Abraham presented the CAF. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 24-569 approving plans and specifications for the Ames/ISU Ice Arena Radiant Heat Replacement Project and set November 20, 2024 as the bid due date and November 26, 2024, as date of public hearing and award. 8 4 Roll Call Vote: : 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2023/24 AMES PLAN 2040 SANITARY SEWER EXTENSION (S 500th AVENUE COUNTY LINE ROAD): Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Corrieri, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-570 approving final plans and specifications and awarding contract to Rognes Corp of Ankeny, Iowa, for the base bid amount of $551,057.70. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON 2024/25 TRAFFIC SIGNAL PROGRAM: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Beatty-Hansen, seconded by Betcher, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 24-571 approving final plans and specification and awarding a contract to Van Maanen Electric, Inc. of Newton, Iowa, in the amount of $142,043.15. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VOLUNTARY ANNEXATION OF 142.95 ACRES LOCATED IN WEST AMES ALONG ONTARIO STREET, NORTH 500TH AVENUE AND LINCOLN WAY: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 24-572 approving Annexation of property. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON INTEGRATED SITE PLAN SUBDIVISION, MAJOR SITE DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR 1726 COLLABORATION PLACE: Planner Amelia Schoenman presented the CAF. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-573 approving Major Site Development Plan for 1726 Collaboration Place. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-574 approving Preliminary Plat for the Iowa State University Research Park Phase III Subdivision, Seventh Addition. 9 5 Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON VACATING THE EXISTING TEN FOOT (10') PUBLIC UTILITY EASEMENT LOCATED AT 3300 UNIVERSITY BOULEVARD, IOWA STATE UNIVERSITY RESEARCH PARK PHASE III, FIRST ADDITION: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-575 vacating the existing ten foot (10') Public Utility Easement located at 3300 University Boulevard, Iowa State University Research Park Phase III, First Addition. Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were eight items included for consideration. The first item was from Brian Heenan regarding Ride-Share Electric Scooters. Moved by Junck, seconded by Beatty-Hansen, to request staff develop a micromobility ordinance for alternative micromobility, other than bicycles, to be added to a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. A request for a Zoning Text Amendment from Lynn Ballard was considered next. Moved by Betcher, seconded by Gartin, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. Mark Clipsham submitted Sustainability Suggestions. Moved by Gartin, seconded by Beatty-Hansen to request the Mayor respond to Mr. Clipsham. Vote on Motion: 6-0. Motion declared carried unanimously. Concerns with Homelessness in the Downtown Area from Erik Charter were discussed. Moved by Beatty-Hansen, seconded by Gartin, to thank Mr. Charter for his input and let him know that the City Council is looking forward to discussing the topic with the help of a consultant in the near future. Vote on Motion: 6-0. Motion declared carried. Next, an email regarding a Zoning Text Amendment for Social Service Providers and the Historic Preservation Commission from David Carter was considered. Moved by Betcher, seconded by Beatty-Hansen, to request a memo from the City Attorney on the matter. Vote on Motion: 6-0. Motion declared carried unanimously. Correspondence from Jennifer Harris about 913 Carroll Avenue concerns was discussed. Moved by Gartin, seconded by Betcher, to request that the item be placed on a future agenda with staff providing options from peer cities to address the issue. Vote on Motion: 6-0. Motion declared carried unanimously. 10 6 Furniture Mart USA Chief Operating Officer Troy Eichman’s request for Property Tax Abatement was evaluated. Moved by Betcher, seconded by Junck, to place the item on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. The final item from Traffic Engineer Damion Pregitzer detailed next steps for the Bike and Pedestrian Master Plan. The Mayor noted that this item was for information only. REPORT OF GOVERNING BODY: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. Moved by Betcher, seconded by Corrieri, to request a memo from staff on current restrictions for rental housing code occupancy and conversion of bedrooms. Vote on Motion: 6-0. Motion declared carried. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative citing Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy. Moved by Gartin, seconded by Betcher, to go into Closed Session as provided by Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy at 8:07 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 8:34 p.m. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Gartin, to adjourn the meeting at 8:34 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. _______________________________________ __________________________________ Grace Bandstra, Deputy City Clerk John A. Haila, Mayor _____________________________ Renee Hall, City Clerk 11 1 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 24, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 3:30 p.m. on the 24th day of October, 2024, pursuant to law. As it was impractical for the Council Members to attend in person, Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Tim Gartin, Rachel Junck, and Anita Rollins joined the meeting electronically. Council Member Amber Corrieri and ex officio Emily Boland were absent. CONSENT AGENDA: Moved by Betcher, seconded by Beatty-Hansen, to approve the consent agenda. Council Member Junck left the meeting at 3:31 p.m. 1. RESOLUTION NO. 24-576 approving Special Employment Policies for Non-Transit Blue Collar Collective Bargaining Unit Employees Roll Call Vote: 4-0. Resolution declared carried unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COUNCIL COMMENTS: None. ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn the meeting at 3:32 p.m. Vote on Motion: 4-0. Motion declared carried unanimously. __________________________________ ____________________________________ Renee Hall, City Clerk John A. Haila, Mayor 12 To:Mayor & City Council From:City of Ames Purchasing Division Date:November 8, 2024 Subject:Report of Contract Change Orders Item No. 5 MEMO The Report of Change Orders for period October 16-31, 2024 is attached for your review and consideration. ATTACHMENT(S): Change Order Report - October 16-31, 2024.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 13 REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Electric Services Roof Replacement at the Power Plant 3 $1,591,000.00 Central States Roofing $120,000.00 $13,540.00 D.Kom AM Fleet & Facilities Ames Downtown Plaza 14 $4,633,000.00 Henkel Construction Company $-(28,432.69)$4,386.92 C. Mellies KS Transit CyRide Security System Upgrades Phase II 1 $$179,361.00 Commonwealth Communications $0.00 $21,268.00 J. Rendall AM $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:October 2024 For City Council Date:November 12, 2024 14 To:Mayor & City Council From:City Clerk's Office Date:November 8, 2024 Subject:Approval of Civil Service Candidates Item No. 6 MEMO Attached are the minutes for the Regular Meeting of the Civil Service Commission held on October 24, 2024. ATTACHMENT(S): Oct 24 Civil Service Minutes.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 15 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA OCTOBER 24, 2024 The Regular Meeting of the Ames Civil Service Commission met in regular session in the Council Chambers of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, and Kim Linduska present with Larry Conley brought in telephonically. Linduska called the meeting to order at 8:15 AM on October 24, 2024. Also in attendance was City Attorney, Mark Lambert and Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF SEPTEMBER 26, 2024: Moved by Pike, seconded by Conley, to approve the Minutes of the September 26, 2024, Regular Service Commission meeting. Vote on Motion: 3- 0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Conley, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Electrical Engineer I Patrick Musoy 79 Aladdin Adam 70 Maintenance Worker - Streets Rodger Cox II 80 Gabriel Ford 78 Gabriel Tedrow 76 Maintenance Worker - Utilities Owen Hunter 80 Gabriel Ford 78 Gabriel Tedrow 76 Management Analyst Jeramy Neefus 80 Ethan Wherry 76 Recreation Coordinator Alex Krook 84 - Programs and Facilities Jarrett Van Wyk 73 Streets Operations Supervisor Erick Hill 81 Matthew Elbert 79 Ben Silvers 77 Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES AND EXHAUST GIS SPECIALIST LIST: Moved by Linduska, seconded by PIKE, to remove names and exhaust the GIS Specialist entry level certified list. REQUEST TO EXHAUST HUMAN RESOURCES OFFICER I LIST: Moved by Conley, seconded by Linduska, to exhaust the Human Resources Officer I entry level certified list. REQUEST TO REMOVE NAMES AND EXHAUST MAINTENANCE WORKER – STREETS SUBLIST: Moved by Pike, seconded by Linduska, to remove names and exhaust Maintenance Worker – Streets entry level certified list. REMOVE NAMES FROM POLICE OFFICER LIST: Moved by Linduska, seconded by Conley, to remove names from the Police Officer entry level certified list. DISCUSSION: Mark Lambert, City Attorney, was present for discussion with Commission Members the recommendation of the City Manager and Human Resources to the City Council, in accordance with the authority in Iowa Code Section 400.12A, approve the suspension of the Civil Service hiring requirements in (Iowa Code Section 400.11(1)(a)) for the Police Department for the period of October 9, 2024, through October 8, 2025. The City Council approved the suspension at the Regular City Council Meeting held October 8, 2024. 16 COMMENTS: The next Regular Meeting will be held in-person on Thursday, November 21, 2024, at 8:15am in Council Chambers of City Hall. Special Meeting will be held Wednesday, November 6, 2024, at 2:00pm in Conference Room 235. Civil Service Appeals Hearing for Termination Appeal for Sarah McClure for November 13 and November 14, 2024, at 9:00am in Council Chambers of City Hall. ADJOURNMENT: The meeting adjourned at 8:30 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 17 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:November 12, 2024 Subject:Ownership Updates for Class C Retail Alcohol License - Red Lobster #0747, 1100 Buckeye Avenue Item No. 7 MEMO Please see the attached documentation for a motion approving Ownership Updates for Class C Retail Alcohol License - Red Lobster #0747, 1100 Buckeye Avenue. ATTACHMENT(S): Red Lobster - Ownership Update.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 18 Page 1 of 3 Applicant NAME OF LEGAL ENTITY Red Lobster Restaurants, LLC NAME OF BUSINESS(DBA) Red Lobster #0747 BUSINESS (515) 232-2922 ADDRESS OF PREMISES 1100 Buckeye Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS ATTN: Licensing Dept, 450 S. Orange Ave CITY Orlando STATE Florida ZIP 32801 Contact Person NAME Joyce Leonardi PHONE (407) 734-9652 EMAIL rllicensing@redlobster.com License Information LICENSE NUMBER LC0041047 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE July 28, 2024 EXPIRATION DATE July 27, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES 19 Page 2 of 3 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Norma Rivera Windermere Florida 34786 VP, Assistant Secretary 0.00 Yes Morgan McClure Atlanta Georgia 30327 Vice President 0.00 Yes Damola Adamolekun Scottsdale Arizona 85255 Chief Executive Officer 0.00 Yes Andrew Robbins Los Angeles California 90272 Vice President, Secretary and Treasurer 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP RL Investor Holdings LLC Orlando Florida 32801 100.00 Insurance Company Information 20 Page 3 of 3 INSURANCE COMPANY ZURICH-AMERICAN INS COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 21 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:October 27, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 8 MEMO The following licenses are eligible for renewal: a. AJ’s Liquor III, (2401 “A” Chamberlain Street), Class E Retail Alcohol License b. Chocolaterie Stam, (230 Main Street), Class B Native Wine Permit c. Time Out, (120 Kellogg Avenue), Class C Liquor License d. Sam's Place, (125 Main Street), Class C Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for Chocolaterie Stam, Time Out, or Sams Place. The Police Department recommends the license renewal for these businesses. A review of police records for the past 12 months found 19 Minors on-premise violations at AJ’s Ultra Lounge (AJ's Liquor III). Of those 19, 16 involved fake IDs, about 84% of the on-premise violations. AJ’s has improved from previous years on its number of on- premise and fake ID violations. The Police Department will encourage AJ’s to continue utilize safeguards such as scanner use, training, conducting their own compliance checks, management training and accountability, etc. In addition, the Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks, evaluating their use of safeguards and educating the bar staff through monthly ID training. AJ’s Ultra Lounge has passed all compliance checks. Therefore, at this time, the Police Department also recommends the license renewal for this business as well. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 22 ITEM #:9 DATE:11-12-24 DEPT:ELEC SUBJECT:LETTER OF INTENT TO APPLY TO RURAL ENERGY SAVINGS PROGRAM LOAN COUNCIL ACTION FORM BACKGROUND: The Rural Energy Savings Program (RESP) is administered through the US Department of Agriculture's (USDA) Rural Development Office. The program provides loans to rural utilities and other eligible applicants to provide energy efficiency loans to their customers to implement durable cost-effective energy efficiency measures. Loans through RESP are offered a 0% interest rate, for terms of up to 20 years. Funds from RESP may be used for the purpose of implementing energy efficiency measures to decrease energy use or costs for rural families and small business. This program could be a source of funding for a home retrofit program, one key action step of the Climate Action Plan. Staff recommends submitting a letter of intent to apply for a RESP loan. Submitting a letter of intent does not guarantee funding for the City. The letter of intent will be evaluated by Rural Development staff. Rural Development, if it deems Ames as an eligible applicant, may then invite Ames to submit a complete loan application. The letter of intent does not bind Ames to completing a full application for a RESP loan if invited. Being designated as an “Rural Utility Service eligible borrower” could also allow Ames Electric to apply for other grants and low-cost loans for a variety of projects through USDA’s Rural Development office. ALTERNATIVES: 1. Authorize staff to submit a letter of intent to apply for a Rural Energy Savings Program Loan 2. Do not authorize staff to submit a letter of intent to the Rural Energy Savings Program CITY MANAGER'S RECOMMENDED ACTION: The Rural Energy Saving Program could provide funding to operate a home retrofit program. Further, a successful application would deem the City as an eligible Rural Utility Service borrower, opening further grant and loan opportunities with USDA’s Rural Development office. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): RESP letter of intent - AMES.pdf 23 Submit Letter of Intent VIA Email to: RESP@USDA.GOV [Date] Mr. Christopher A. McLean Assistant Administrator, Electric Program Rural Utilities Service 1400 Independence Avenue, SW Stop 1560 Washington, DC 20250-1560 RE: Intent to Apply for a Rural Energy Savings Program Loan This letter confirms that the City of Ames Municipal Electric Services (AMES) intends to seek a Rural Energy Savings Program loan from the Rural Utilities Service pursuant to the Notice of Solicitation of Applications (NOSA) for Fiscal Year 2021 (FY2021) published in the Federal Register 85 FR 81178 on December 15, 2020. AMES hereby represents that it meets all the requirements as specified in the NO SA and herewith submits the mandatory information required to comply with the first step of the loan application process. AMES intends to submit a complete application on or before the due date specified in the Invitation to Proceed for step-2 of the process and commits to diligently collaborate with the RUS General Field Representative to complete the application in a timely manner. AMES acknowledges that RUS may not consider our loan application complete (Step -2) if we fail to provide the information requested by RUS in its screening process (Step-1). Applicant’s Profile and Point of Contact AMES is a municipal electric utility organized in 1896 with its principal place of business located at 502 Carroll Ave, Ames, IA 50010. The SAM Managed Identifier (SAMMI) or DUN and Bradstreet (D&B) DUNS number for AMES is 061320917, our Unique Entity Identifier (UEI) is GK9YL53MJ459, and our tax identification number is 42-6004218. AMES will be a new RUS borrower. AMES serves customers in and around the City of Ames, IA. Ames, IA has a population of 36,822 when excluding full-time students at Iowa State University. AMES has net assets in the amount of $154,601,617. It is hereby affirmed that AMES has never been in receivership or bankruptcy or is under a workout agreement over the last 10 years. AMES holds operating reserves in the amount of $48,732,232. A copy of AMES balance sheet for the last 3 years is submitted with this letter of intent. AMES intends to be the legal borrower . 24 The point of contact during the application process will be Joel Zook, Energy Services Coordinator , who has been duly authorized to carry out the necessary actions to complete the RESP loan application. Joel Zook can be contacted at 502 Carroll Ave, Ames, IA 50010, 515-239-5177, joel.zook@cityofames.org . Additional information about AMES is available at https://www.cityofames.org/government/departments -divisions-a- h/electric. Project Description AMES requests a RESP loan of $15 million. The RESP loan will be used to implement a Pay As You Save® (PAYS®) tariffed on-bill (TOB) investment program rather than a loan program to our customers (See Addendum for AMES RESP NOSA Requirements Waiver Request). The program will follow the design and implementation strategy used in the PAYS programs of three other RUS RESP Loan Recipients —Appalachian Electric Cooperative, Ouachita Electric Cooperative, and Roanoke Electric C ooperative. These three RUS funded PAYS programs pioneered by rural electric cooperatives in three states have been a tremendous success. These programs have reported zero charge-offs to date using the PAYS system. The energy saved through PAYS programs provides value to the utility and the economic benefits for customers. Ouachita Electric and Roanoke Electric , whose PAYS program have been in operation for three years have reported an average of 1.5 to 2.0 kW reduction in peak demand generating over $200 savings to the utility per year per participant. In addition to creating value for the municipality PAYS programs also increase energy affordability, improve home health and comfort, and support local economic develo pment by hiring local contractors who hire and purchase materials and equipment locally. A Description of the Service to be Provided AMES will use the capital to implement a tariff on -bill program adhering to the Pay As You Save® (PAYS) system, an inclusive financing model for which all customers in the residential and commercial rate classes can be eligible. AMES will use the capital to invest in cost-effective energy upgrades at no upfront cost to our customers. The utility will recover its investment and costs through a tariffed charge (fixed charge tied to the meter until the investment is recovered) on the cus tomer’s monthly bill. The cost- recovery charge on a customer’s bill is substantially less than the estimated savings generated by the upgrade, allowing our customers to enjoy immediate a nd sustained cash flow. This program will be modeled after the successful PAYS programs in three rural electric cooperatives serving 60,000 meters with a 99.9% recovery rate. Unlike loan programs, a PAYS program will allow us to deliver a range of energy e fficiency services to the hard to reach low-income, manufactured housing, multifamily housing, 25 and small business populations. Financed energy efficiency upgrades may include improved structure envelope tightness and insulation, HVAC system upgrades, water heating upgrades, on-site solar and battery storage, demand response devices, electrical upgrades where necessary, and other improvements that meet the RESP requirement of decreasing energy use and cost for rural families and small businesses. Staff or Contractors that will be Implementing the EE Program and Their Credentials The following individuals will provide administrative oversight for the program : Joel Zook, Energy Services Coordinator Don Kom, Electric Services Director Nolan Sagan, Sustainability Coordinator AMES will contract with a Program Operator to operate the program day -to-day including providing training, hiring, and ongoing support of local contractors, determining cost-effective scope of work, presenting upgrade plans and offers to customers, conducting QA/QC of data entry and work, authorizing contractor payment, and providing third-party EM&V. AMES will leverage in-house expertise to conduct program marketing and call center support. Implementation Plan Eligible Energy Efficiency Upgrades: Program Operator will focus its efforts first on the following upgrades: 1) weatherizing, including air sealing, duct sealing, and insulation, 2) improving or replacing inefficient HVAC and domestic water heating systems, 3) installing demand response devices, 4) other upgrades that meet the RESP requirement of decreasing energy use and cost for rural families and small businesses, and 5) where necessary, electrical upgrades to allow the installation of previously listed practices. The Marketing Strategy: AMES will use data -driven customer prioritization to identify customers who may benefit from the PAYS program by examining bill usage and energy intensity per square foot to inform marketing materials and the priority of outreach. AMES will inform customers of the program through multiple channels that may include bill inserts, public announcements, direct mail, social media, phone calls, and other appropriate strategies. 26 How the Applicant will Operate the Program: AMES will request up to the allowed advance four percent funding from RUS for program start -up and initial working capital. The municipal utility will pledge security for the funds advanced on its share of the RESP loan. As the municipal utility invests in upg rades for its customers and energy efficiency improvements are made and validated with post -installation QA/QC then Program Operator will authorize AMES to pay the contractors who installed the improvements and file for reimbursement from RUS. The municipal utility will repay its RESP loan with revenues from the tariffed charge for cost recovery paid by participating customers. A Schedule Showing Sources and Uses of Funds to Implement the EE Program: The RUS loan capital will be used to capitalize energy efficiency improvements over a ten -year period, revolving the capital for a second investment over the following ten years. This amount will fund approximately 2,000 upgraded homes which assumes an av erage project cost of $7,500. A Brief Description of the Processes, Procedures, and Capabilities to Quantify and Verify the Reduction In Energy Consumption Or Decrease In The Energy Costs Of Participant Program Operator’s final contract will require a detailed program plan specifying the following: a. Program Management The program plan will include descriptions of program management procedures, data processing and security procedures, automated AMI and billing data retrieval, proven cost-effective energy savings projection methods, contractor training, QCI of assessment data, Program Operator generated project scopes, remote post -upgrade QA/QC, 45 -day and 12-month post-upgrade customer satisfaction and experience surveys, third party home performance certification, and performance -based compensatio n based on completed assessments and completed upgrades. b. Customer Prioritization AMES will prioritize high -use structures based on historical energy usage, energy intensity per square foot, and other relevant characteristics and will focus program marketing on the structure’s priority score. c. Structure Condition and Energy Performance Assessment Interested customers will receive a site visit by a trained data collection agent. The agent will assess the overall structure condition, presence of health and safety issues, and likelihood of continued habitability through the average lifetime of energy efficiency upgrades. If health and safety or durability issues currently prohibit forward progress in PAYS program participation then the agent will, with customer consent, directly install a limited set of quick, inexpensive, and high -value energy efficiency upgrades, such as LED lighting and low -flow fixtures. If no issues are identified, the 27 agent will measure the HVAC system and home envelope performance and collect data including photographs of home characteristics. Photographs will be dated and time stamped for validation and all data will be electronically transmitted to the Program Operator who will use the data to assess the current home performance, run a cost- effectiveness analysis, and produce the scope of work. d. Energy Savings Projection Program Operator will review the submitted data for accuracy and develop a PAYS compliant cost-effective scope of work based on the structure’s energy savings potential and upgrade costs, using a field -validated structure energy savings projection model known for producing accurate savings projections at the level of each individual structure; deemed-savings projections will not be used. e. Retrofits Program Operator will prepare a user -friendly home energy upgrade plan and program offer, will schedule and conduct a one -on-one review with the customer , and will authorize contractors to complete the work for customers who accept the offer and terms and conditions of the tariff agreement. Program Operator will ensure contractors schedule appointments with the customer and complete the recommended energy efficiency improvements in a timely fashion. f. Quality Control and Quality Assurance & Payment Program operator will use pre- and post-performance measurements and photographic documentation of structure needs to ensure quality, accountability, and consumer confidence. After installation, the implementing contractor will electronically submit time and date-stamped photographs an d performance measurements of the upgraded HVAC system and envelope with automated output data transmission and capture. Program operator will review the post-performance data for accuracy. When actual results exceed performance targets, Program Operator w ill recalculate, update projected energy savings, and shorten tariffed charge repayment terms. Once Program Operator deems the project complete, it will electronically transmit a close -out file with payment authorization and details to AMES. AMES will then issue payments to the contractors within Net-30 terms. g. Evaluation, measurement and verification of energy savings Program Operator will commission a third -party evaluation expert to validate whole structure energy savings from the complete set of installed energy efficiency upgrades and to validate peak load reduction. The evaluator will use the methods established by the Department of Energy’s Uniform Methods Project. These methods can be used to evaluate whole structure savings as well as peak demand and specific upgrade savings when the appropriate data are available. For program evaluation, our program will use advanced meter interval (AMI) energy usage and billing data where possible, and 28 traditional monthly usage and billing data where AMI data is not available. In general, our program will prefer 12 consecutive month pre and 12 consecutive month post installation data and comparator structures data when needed. Because the weather fluctuates, the data will be weather normalized to illustrate what the savings would be for a typical meteorological year (“TMY”). h. Customer Satisfaction and Experience Program participants will provide written and signed post -contractor performance evaluation as part of their project close -out documentation. In addition, Program Operator will conduct a 45 -day post-installation phone survey to assess continued customer satisfaction and non -energy benefits such as home health and occupant comfort. i. Data Processing and Security All reports will be scrubbed of all personal identification information to protect the privacy of customers. Lastly, AMES commits to immediately notify RUS in writing should we decide to withdraw from consideration for the RESP loan before submitting the complete application. Sincerely, Don Kom, Electric Services Director 502 Carroll Ave. Ames, IA 50010 Enclosures • Service Area Map • Financial Records • NOSA Requirements Waiver Request 29 Service Area Map AMES does not serve all residents of the City of Ames. As displayed in the above map, Iowa State University and some adjacent areas to the AMES service area may reside in the City of Ames but receive electric service from another provider. AMES services 28,000 electricity meters. 30 Financial Records Insert income statement and 3 years of balance sheets received from finance. 31 NOSA Requirements Waiver Request [DATE] The City of Ames 515 Clark Ave Ames, IA, 50010 Mr. Christopher A. McLean Assistant Administrator, Electric Program Rural Utilities Service 1400 Independence Avenue, SW Stop 1560 Washington, DC 20250-1560 Administrator McLean: Ames Municipal Electric Services (AMES) is proposing to offer a Pay As You Save® (PAYS®) tariffed on-bill (TOB) investment program rather than a loan program to our customers. The program will follow the design and implementation strategy used in the PAYS programs of three other RUS RESP Loan Recipients—Appalachian Electric Cooperative, Ouachita Electric Cooperative, and Roanoke Electric Cooperative. PAYS programs are by definition a TOB investment programs (see: https://www.eeivt.com/pays -essential-elements-minimum-program-requirements-2/). In a PAYS program, a utility invests in cost-effective energy upgrades at no upfront cost to the customer. The customer signs a tariff agreement for a charge on their monthly bill that is substantially less than the estimated savings generated by the upgrade, creating immediate and sustained customer cash flow. The Ouachita, Roanoke, and Appalachian Electric Coops’ programs have delivered energy efficiency services to the hard to reach populations and improv ed energy affordability for disproportionately burdened households. From the Notice of Solicitation for Applications (NOSA) printed in the Federal Register on June 21, 2016, we understand that “the purpose of the [RESP] program is to help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures.” The goals of our PAYS program are identical to those of the PAYS programs of the three RUS RESP Loan Recipients and we believe consistent with RUS interests in promoting investment in energy efficiency . Like the other programs, ours includes the key success factor of switching away from making loans to customers, in favor of offering to make investments on tariffed terms. The RESP NOSA sets forth detailed requirements for applicants that our PAYS program would not appear to meet. Before undertaking the RESP application process, I am seeking written confirmation that RUS will waive the program requirements listed in the attachment as it did for other PAYS programs. Sincerely, Joel Zook, Energy Services Coordinator 32 Requirements set forth in the Notice of Solicitation for Applications (NOSA) for the Rural Energy Savings Program (RESP) for which AMES’ Pay As You Save® (PAYS®) tariffed on-bill investment program would need a waiver AMES seeks a letter from RUS waiving each of the following requirements in the NOSA for RESP for the purpose of helping rural families and small businesses achieve cost savings by a PAYS program with investments on tariffed terms to consumers to implement durable cost -effective energy efficiency measures. Reasons for each waiver are provided below the requirement in italics. 1. Qualified consumer means a consumer served by an Eligible entity that has the ability to repay a loan made by a RESP borrower under the RESP program, as determined by the Eligible entity. AMES PAYS program will not offer loans to consumers. AMES will not make any determination about the ability of a participant in its PAYS program to repay a loan. 2. The implementation plan must address how the Applicant will operate the relending process. AMES will not operate a relending process through the PAYS program. AMES can describe how it operates the PAYS tariffed on-bill investment program. 3. The financial forecast and related projections submitted in support of a loan application must include discussion on how the loan loss reserve will be set up, including a description of the schedule and the mechanism to fund the loan loss reserve. AMES PAYS program will not offer loans to consumers, and therefore, there are no loan losses in the program. Utilities with a PAYS tariffed on-bill program similar to the AMES PAYS program have reported zero charge-offs to date. Because the historical level of risk exposure is lower than the prevailing charge-off rate for our municipal utility, AMES does not expect to establish a loss reserve. AMES will, as an added measure of fiduciary care, seek access to the North Carolina Sustainable Energy Associations (NCSEA) Energy Savings Reserve Fund (ESRF) to serve as an excessive charge -off reserve in the event that future charge -offs exceed the prevailing rate. There is no cost to AMES for ESRF protection. 4. The Energy Efficiency Program Implementation Work Plan must project the expected amount of loans made by the RESP Applicant to Qualified consumers over the next 10 years. The AMES PAYS program will not offer loans to consumers. Instead, we project our expected level of investment through the PAYS program will deploy $15 million in the next 10 years. 5. The Energy Efficiency Program Implementation Work Plan must explain the marketing and outreach efforts to be executed in implementing the relending program. AMES will not operate a relending process through the AMES PAYS program. We can explain our marketing and outreach efforts for implementing the AMES PAYS program. 6. The Energy Efficiency Program Implementation Work Plan must describe its energy efficiency program and how it will operate the relending process. AMES will not operate a relending process through the AMES PAYS program. We can describe the 33 AMES PAYS program and how we operate the process of offering tariffed investments. 7. The RESP Applicant must provide an itemized budget for a loan loss reserve, the expected loan delinquency and default rates. The AMES PAYS program will not offer loans to consumers, and therefore, there are no loan losses in the program, and there are no loan delinquencies or loan defaults. Like the electricity services offered on tariffed terms to our customers, the AMES PAYS program will be able to have accounts that are in arrears as well as charge -offs for uncollectible accounts receivable. 8. The RESP Applicant must describe the processes and procedures that will be put in place to avoid a conflict of interest in the implementation of the energy efficiency loan program for Qualified consumers. The AMES PAYS program is not an energy efficiency loan program for consumers. AMES will establish processes and procedures to avoid a conflict of interest for the AMES PAYS program. 9. The RESP borrower must provide to Qualified consumers all RESP loan funds that the RESP borrower receives within one year of receiving them from RUS. If the RESP borrower does not re-lend the RESP loan funds within one year, the unused RESP loan funds, and any interest earned on those RESP loan funds, must be returned to the Federal Government and will be applied to the RESP borrower’s debt. The RESP borrower will not be eligible to receive additional RESP loan funds from RUS until providing evidence, satisfactory to RUS, that RESP loan funds from a previous advance have been fully relent to Qualified consumers or returned to the Federal Government. AMES will not operate a relending process through the AMES PAYS program. AMES can deploy all funds received from RUS within one year through its PAYS program. 10. Each loan made by the RESP borrower to a Qualified consumer may not exceed a term of 10 years. The AMES PAYS program will not involve making loans to consumers. Energy efficiency upgrades made through the AMES PAYS program are recovered over a period that will not exceed 80% of the useful life of the upgrade, with a maximum cost recovery period of 10 years. 11. To evaluate loan feasibility, RUS will consider the projections of the expected amount of loans to Qualified consumers per year and the average size of those loans per customer class. The AMES PAYS program will not involve making loans to consumers. For each customer class, AMES can estimate the number of tariffed on -bill investments that customers will approve each year as well as the average size of those investments. 12. To evaluate loan feasibility, RUS will consider whether the economics of the RESP Applicant’s operations and service area are such that Qualified consumers may reasonably be expected to repay the loans for energy efficiency in such levels so that the RESP borrower may sufficiently cover all its expenses and meet the debt service coverage ratio set by the Administrator. The AMES PAYS program will not offer loans to consumers. AMES will not make any determination about the ability of a participant in the AMES PAYS program to repay a loan. 34 13. An Eligible entity must use the proceeds from a RESP loan only to make loans to Qualified consumers for the purpose of implementing energy efficiency measures. AMES will not make loans to consumers through the AMES PAYS program. While none of the RESP loan proceeds will be used to make loans to Qualified consumers, AMES will deploy the RESP loan proceeds through investments made under the terms of the opt -in tariff for the AMES PAYS program. 14. Purpose of the loan to the Qualified consumer. Loans made to a Qualified consumer must be to finance Energy efficiency measures for the purpose of decreasing energy (not just electricity) usage or costs of the Qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the Qualified consumer as determined by the RESP borrower. AMES will not make loans to consumers through the AMES PAYS program. AMES will not make any determination about the ability of a participant in the AMES PAYS program to repay a loan. Investments in energy efficiency upgrades made through the AMES PAYS program are recovered over a period that will not exceed 80% of the useful life of the upgrade up to a maximum of 10 years. 15. Loans made by the RESP borrower to Qualified consumers may not exceed 10 years. AMES will not make loans to consumers through the AMES PAYS program. Investments in energy efficiency upgrades made through the AMES PAYS program are recovered over a period that will not exceed 80% of the useful life of the upgrade up to a maximum of 10 years. 16. Qualified consumers must repay their loans to the RESP borrower through charges added by the RESP borrower to the electric bill for the property for, or at which, the Energy efficiency measures are or will be implemented. The AMES PAYS program will not offer loans to consumers. AMES will recover its costs for investments made through the AMES PAYS program using an on-bill charge. 17. Eligible Activities and Investments: A RESP borrower must make loans to Qualified consumers for the purpose of decreasing their energy (not just electricity) use or costs. AMES will not make loans to consumers through the AMES PAYS program. While none of the RESP loan proceeds would be used to make loans to Qualified consumers, AMES will deploy the RESP loan proceeds through investments made under the terms of the AMES PAYS program’s opt-in tariff for the purpose of decreasing the energy use or costs of customers. 35 ITEM #:10 DATE:11-12-24 DEPT:ADMIN SUBJECT:REQUESTS FROM AMES MAIN STREET FOR SMALL BUSINESS SATURDAY COUNCIL ACTION FORM BACKGROUND: Ames Main Street (AMS) has submitted requests for Small Business Saturday on November 30, 2024. To facilitate the event, organizers are requesting a blanket Temporary Obstruction Permit and suspension of parking regulations and enforcement for the Downtown and Campustown Areas from 8:00 a.m. to 8:00 p.m. on Saturday November 30, 2024 ($2,468.25 estimated loss to the Parking Fund). In February 2020, the City Council adopted the following new policy regarding metered parking waivers: Metered parking fees will not be waived for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). The City's adopted FY 2024/25 budget contains $10,000 in the Hotel/Motel Tax Fund to support parking waivers. If the parking waiver is approved, funds will be transferred from this account to the Parking Fund to reimburse the lost revenue. It should be noted that the City Council has approved the waiver and reimbursement of lost meter revenue for this event in previous years. ALTERNATIVES: 1. Approve the requests for Small Business Saturday on November 30, 2024, as requested by Ames Main Street, including the waiver of fee, and transfer of $2,468.25 from the Hotel/Motel Tax Fund to the Parking Fund. 2. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: Small Business Saturday is an annual event for the Downtown. This event aims to attract people to the Downtown and promotes shopping locally to kick off the holiday shopping season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Small Business Weekend - CC.pdf 36 Travis Toliver, IOM Executive Director travis@amesalliance.com 304 Main Street, Ames, IA 50010 | 515.233.3472 | DowntownAmes.org Ames Main Street advances and promotes Downtown Ames as the heart of the Ames community. October 31, 2024 Mayor and City Councill City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and Members of the Ames City Council, Ames Main Street is planning to hold the annual Small Business Weekend in Downtown Ames and Campustown on November 29 through December 2, 2024. Specific information about the event can be found on the included Special Event Application. Additionally, we request a Temporary Obstruction Permit and a waiver of fees for free parking in City of Ames meters throughout the Downtown Ames District and Campustown Business District on Saturday, November 30, 2024. By bringing residents to Downtown Ames for attractions such as this, Ames Main Street is able to fulfill its mission as a Main Street Iowa community and create an economically vibrant downtown with unique living, dining, and entertainment experiences. Thank you for your consideration of this request and continued support of Ames Main Street. We look forward to seeing you shopping in Downtown Ames! Sincerely, Travis Toliver Executive Director Ames Main Street 37 1 For Office Use Only Documents Received Date: ____________________ ___ Completed Application ___ Fireworks Application ($25 fee) ___ Insurance Certificate ___ Public Safety & Event Management Plan ___ Site Plan/Route Map ($25 fee) (Road Race) ___ Vendor List ($50 fee/each) ___ Parking fees Special Events Meeting Date ____________________ Time ____________________ Room ___________________ Documents Sent: ___ Alcohol License ABD ________________ ___ Fireworks Permit ___ Road Race Permit ___ TOP ___ Vending Permit ___ Other ________________ Departments Included ___ City Manager: Brian Phillips and Tasheik Kerr ___ CyRide: Jenny Bethurem or Rob Holm ___ Electric: Mark Imhoff ___ Fire: Jason Ziph or Rich Higgins ___ Parks & Rec: Craig Kaufman or Joshua Thompson ___ Public Works: Brad Becker or Dave Cole ___ Police: Tom Shelton or Mike Arkovich ___ Water: Heidi Petersen ___ Risk Management: Bill Walton CAA: Sarah Dvorsky AMS: Sarah Dvorsky ISU: Events Authorization Committee City Council Meeting Date _____________________ ___ Added to Agenda with CAF Approved Y N Reminder Date ____________ SPECIAL EVENT APPLICATION Applications received less than thirty (30) days before the event may not be processed by the City in time for the event and will automatically be denied. Each application is viewed as a new event regardless of previous occasions. Event Name Location/Address Region (Select one or more) Ames Main Street (Downtown) Campustown District Iowa State University Property City Parks Other (please explain) Please note that events occurring in the Downtown, Campustown, in City parks, or on ISU property require prior approvals. A letter of support will be required from CAA if the event occurs in Campustown or from Ames Main Street if the event occurs in Downtown. Please contact the appropriate office well in advance: Downtown - Ames Main Street: (515) 232-2310 Campustown Action Association: (515) 232-2310 ISU - Events Authorization Committee: (515) 294-1437 director@amesdowntown.org sarahd@ameschamber.com eventauthorization@iastate.edu TIMELINE Detailed Description of Event Activities (written overview of event and what’s going to happen) Event Ends Date Time M T W R F Sa Su Teardown Complete Date Time M T W R F Sa Su Event Category Concert/Performance Farmer/Outdoor Market Other (please explain) Athletic/Recreation Exhibits/Misc. Festival/Celebration Parade/Procession/March Rain Date Rain Location Yes No Is this an annual event? If yes, how many years? Setup Event Starts or Kevin Gries 38 2 CONTACTS State Zip Code Cell Phone Cell Phone Sponsor/Applicant Name Address City Daytime Phone E-mail Alternate Contact Name Daytime Phone E-mail ATTENDANCE Anticipated Daily Attendance Yes No Is this event open to the public? Is your event being held in conjunction with another event (e.g. Farmers' Market, 4th of July, etc.)? If yes, please list: ORGANIZATION STATUS/PROCEEDS For-Profit Bona Fide Tax Exempt Nonprofit Yes No Are patron admission, entry, or participant fees required? If yes, please describe and provide amounts: Are vendor or other fees required? If yes, please provide amounts: Percentage of net proceeds going towards fundraising % Percentage of net proceeds going towards for-profit entity % SECURITY Ames Police Department 24 hour non-emergency phone number: 515-239-5133 Please complete the course at https://www.crowdmanagers.com/training for crowd management training. Yes No Have you hired a professional security company to develop and manage your event’s security plan? If yes, please fill out the following information: Security Organization State Zip Phone Address City Email 39 ITEM #:11 DATE:11-12-24 DEPT:ADMIN SUBJECT:REQUESTS FROM AMES MAIN STREET FOR WINTER SIDEWALK SALES ON JANUARY 9-12, 2025 COUNCIL ACTION FORM BACKGROUND: Ames Main Street is again hosting Winter Sidewalk Sales from January 9-12, 2025. At this event, downtown businesses display merchandise on the sidewalks for pedestrians to browse. To facilitate this event, organizers are requesting suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, January 11 ($1,370.25 estimated loss to the Parking Fund). A blanket Temporary Obstruction Permit has also been requested for Saturday, January 11, 2025. In February 2020, the City Council adopted the following policy regarding metered parking waivers: Metered parking fees will not be waived for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). The FY 2024/25 City budget contains $10,000 in funding in the Hotel/Motel Tax Fund to reimburse the Parking Fund for lost meter revenue associated with special events. ALTERNATIVES: 1. Approve the requests for Winter Sidewalk Sales as requested by Ames Main Street, including the waiver of fees for parking and vending, and transfer $1,370.25 from the Hotel/Motel Tax Fund to the Parking Fund. 2. Approve the requests for Sidewalk Sales but require reimbursement for lost parking meter revenue. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: Winter Sidewalk Sales is a successful event for the Downtown that attracts people to the Downtown and promotes shopping locally. These requests further the City Council’s goal to strengthen Downtown. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Winter Sidewalk Sales 40 Travis Toliver, IOM Executive Director travis@amesalliance.com 304 Main Street, Ames, IA 50010 | 515.233.3472 | DowntownAmes.org Ames Main Street advances and promotes Downtown Ames as the heart of the Ames community. October 29, 2024 Mayor and City Councill City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and Members of the Ames City Council, Ames Main Street is planning to hold the annual Winter Sidewalk Sales event from January 9 through January 12, 2025. Specific information about the event can be found on the included Special Event Application. Additionally, we request a Temporary Obstruction Permit and a waiver of fees for free parking in City of Ames meters throughout the Downtown Ames District on Saturday, January 11, 2025. By bringing residents to Downtown Ames for attractions such as this, Ames Main Street is able to fulfill its mission as a Main Street Iowa community and create an economically vibrant downtown with unique living, dining, and entertainment experiences. Thank you for your consideration of this request and continued support of Ames Main Street. We look forward to seeing you shopping in Downtown Ames! Sincerely, Travis Toliver Executive Director Ames Main Street 41 1 For Office Use Only Documents Received Date: ____________________ ___ Completed Application ___ Fireworks Application ($25 fee) ___ Insurance Certificate ___ Public Safety & Event Management Plan ___ Site Plan/Route Map ($25 fee) (Road Race) ___ Vendor List ($50 fee/each) ___ Parking fees Special Events Meeting Date ____________________ Time ____________________ Room ___________________ Documents Sent: ___ Alcohol License ABD ________________ ___ Fireworks Permit ___ Road Race Permit ___ TOP ___ Vending Permit ___ Other ________________ Departments Included ___ City Manager: Brian Phillips and Tasheik Kerr ___ CyRide: Jenny Bethurem or Rob Holm ___ Electric: Mark Imhoff ___ Fire: Jason Ziph or Rich Higgins ___ Parks & Rec: Craig Kaufman or Joshua Thompson ___ Public Works: Brad Becker or Dave Cole ___ Police: Tom Shelton or Mike Arkovich ___ Water: Heidi Petersen ___ Risk Management: Bill Walton CAA: Sarah Dvorsky AMS: Sarah Dvorsky ISU: Events Authorization Committee City Council Meeting Date _____________________ ___ Added to Agenda with CAF Approved Y N Reminder Date ____________ SPECIAL EVENT APPLICATION Applications received less than thirty (30) days before the event may not be processed by the City in time for the event and will automatically be denied. Each application is viewed as a new event regardless of previous occasions. Event Name Location/Address Region (Select one or more) Ames Main Street (Downtown) Campustown District Iowa State University Property City Parks Other (please explain) Please note that events occurring in the Downtown, Campustown, in City parks, or on ISU property require prior approvals. A letter of support will be required from CAA if the event occurs in Campustown or from Ames Main Street if the event occurs in Downtown. Please contact the appropriate office well in advance: Downtown - Ames Main Street: (515) 232-2310 Campustown Action Association: (515) 232-2310 ISU - Events Authorization Committee: (515) 294-1437 director@amesdowntown.org sarahd@ameschamber.com eventauthorization@iastate.edu TIMELINE Detailed Description of Event Activities (written overview of event and what’s going to happen) Event Ends Date Time M T W R F Sa Su Teardown Complete Date Time M T W R F Sa Su Event Category Concert/Performance Farmer/Outdoor Market Other (please explain) Athletic/Recreation Exhibits/Misc. Festival/Celebration Parade/Procession/March Rain Date Rain Location Yes No Is this an annual event? If yes, how many years? Setup Event Starts or Kevin Gries 42 2 CONTACTS State Zip Code Cell Phone Cell Phone Sponsor/Applicant Name Address City Daytime Phone E-mail Alternate Contact Name Daytime Phone E-mail ATTENDANCE Anticipated Daily Attendance Yes No Is this event open to the public? Is your event being held in conjunction with another event (e.g. Farmers' Market, 4th of July, etc.)? If yes, please list: ORGANIZATION STATUS/PROCEEDS For-Profit Bona Fide Tax Exempt Nonprofit Yes No Are patron admission, entry, or participant fees required? If yes, please describe and provide amounts: Are vendor or other fees required? If yes, please provide amounts: Percentage of net proceeds going towards fundraising % Percentage of net proceeds going towards for-profit entity % SECURITY Ames Police Department 24 hour non-emergency phone number: 515-239-5133 Please complete the course at https://www.crowdmanagers.com/training for crowd management training. Yes No Have you hired a professional security company to develop and manage your event’s security plan? If yes, please fill out the following information: Security Organization State Zip Phone Address City Email 43 3 SITE PLAN/ROUTE MAP CHECKLIST Submit an event site plan/route map with your application and include the following elements that pertain to this event: An outline of the entire event venue including street and landmark names. If the event involves a moving route of any kind, indicate the direction of travel. The provision of minimum ten foot (10’) space between food trucks or cooking operations. Temporary Structures: fencing, cooking areas, vendor locations, generator locations and/or source of electricity, placement of trailers and/or vehicles, tents, stages, scaffolding, bleachers, grandstands, canopies, portable toilets, booths, beer gardens, trash containers, dumpsters, other temporary structures. Exit locations A detailed Public Safety & Event Management Plan form MUST be included with this application. ACCESSIBILITY AND PARKING CHECKLIST This checklist is intended to serve as a planning guideline and may not be inclusive of all City, State, and Federal access requirements. The event and parking areas need to be accessible for persons with disabilities. Yes No Will there be a Clear Path of Travel (at least 48” wide) throughout your event venue? Have you developed a Disabled Parking and/or Transportation Plan (including the use of public transportation or shuttle services) for your event? If yes, please describe below or include details on your overall map. W ill all food, beverage, and vending areas be accessible to persons with disabilities? W ill signage be in highly contrasting colors and placed at visible heights (unobstructed by crowds)? If all areas of your event venue cannot be made accessible, will maps or programs be made available to show the location of accessible features? STREET AND PARKING LOT CLOSURES Do you request any of the following safety equipment? (Please note that availability is not guaranteed) Yes No Barricades Traffic cones Safety vests Drop off Date Time Location Will your event require the closure of any of the following? Yes No City parking meters? If yes, how many? City parking lots? If yes, which lot(s)? City reserved parking spaces? If yes, how many? City streets or sidewalks? If yes, provide detail on map. CyRide Routes? If yes, which route(s)? 44 4 ENTERTAINMENT AND RELATED ACTIVITIES If your event will exceed 60 decibels, a Noise Permit issued by the Ames Police Department is required. If your event includes the use of fireworks or pyrotechnics, a Fireworks Permit Application is required. Yes No Are there any musical entertainment features related to your event? If yes, complete the following: Number of Stages Number of Performers/Bands Performer/Band name and music type ALCOHOL Yes No Does your event involve the use of alcoholic beverages? If yes, please check all that apply: Free/Host Alcohol Beer Alcohol Sales Wine Host and Sale Alcohol Distilled Spirits Name of license holder(s) for event: What measures will you take to manage alcohol consumption at the event? Check all that apply: Six-foot high fencing Two four-foot fences six feet apart No admittance under 21 Wristbands for attendees 21+ Wristbands for attendees under 21 Trained ID checkers Non-alcoholic beverage options Service limitation policies End alcohol service prior to event conclusion Other (describe): FOOD SERVICE AND VENDING Yes No Will items or services be sold at your event? If yes: 1. Please indicate vending locations on your map. 2. Please attach a list of vendors, including business names, owners, phone numbers, business addresses, items sold, and include a photograph or sketch of the dimensions of each cart or booth. Note that food vending operations must be inspected by the Iowa Department of Inspections and Appeals. VENDOR PARTICIPANTS - Appropriate Vendor Permits are required and must be posted at each vendor site on the day of the event. Number of Vendors List of Vendors RESTROOMS AND SANITATION Yes No Do you plan to provide portable restroom facilities at your event? 1 toilet per 100 participants is recommended at minimum. 45 5 If yes: Total number of portable toilets Number of ADA accessible toilets Setup Date Time Pickup Date Time If you plan to use permanent toilets, please describe: How will you remove garbage during and after your event? ELECTRICITY AND WATER Yes No Do you require access to City-owned electrical outlets? If yes, describe: Do you require access to water from City facilities? If yes, describe: COMMUNICATIONS WITH NEIGHBORS Describe the efforts you have made or plan to make to communicate the details of your event to the affected residents and businesses in the area. (select all that apply) Present your event to the officially recognized community groups that represent the affected area (e.g., AMS, CAA, neighborhood associations, etc.) Mail notices to affected residents and businesses Go door-to-door with event information Place signs in the affected area prior to the event Distribute event details to affected neighbors via email Obtain approval signatures from affected residents and business owners Other (describe): INSURANCE REQUIREMENTS Insurance is required for all special events. Your event will not be scheduled for a City Council Meeting until insurance is received and approved by the City of Ames Risk Management. The applicant shall furnish the City of Ames with a certificate of insurance, written by a company authorized to transact business in the state of Iowa, evidencing the following coverage: -Comprehensive General Liability Insurance with limits no less than $500,000 combined single limit per occurrence for bodily injury, personal injury and property damage. -The policy shall name the City of Ames as an Additional Insured and require 30-days written notice of cancellation. The coverage shall be as broad as the ISO Form Number CG0001 covering commercial general liability on an occurrence basis only. For road races, the applicant may furnish the City of Ames with an approved sanction from the athletic congress in lieu of furnishing insurance certificate from a commercial carrier. 46 6 AFFIDAVIT OF APPLICANT I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief, that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Ames Municipal Code, and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply will all other requirements of the City, State, Federal Government, and any other applicable entity which may pertain to the use of the Event venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Ames . I understand and agree that the City of Ames may rescind its permission to use City property at any time should it be determined to be in the best interests of the City. Print Name of Applicant/Host Organization Title Signature Date Print Name of Event Organizer Title Title Signature Date FOR EVENTS INVOLVING FIREWORKS ONLY Print Name of Fireworks Display Operator Signature Date This page must be signed and dated in ink. Please either: (1) print this completed form, sign and date it, and submit it to the City Clerk's Office, or (2) be prepared to sign and date the completed form at the time of your Special Events Committee meeting, if one is to be held. Submit your completed Special Events Permit Application and all additional applications needed for your event to: grace.bandstra@cityofames.org City of Ames - City Clerk's Office PO Box 811 Ames, IA 50010 CITY DEPARTMENT CONTACT NUMBERS City Clerk (applications, permits)………………………………...515-239-5105 Electric………………………………………………………………515-239-5170 Fire Department……………………………………………………515-239-5109 CyRide (Transit)……………………………………………………515-239-5566 Risk Management (Insurance questions)…………………….…515-239-5102 Parks & Recreation…………………………………….………….515-239-5349 Police Non-Emergency..……………………………………….…515-239-5133 Public Works (Traffic and parking meters)..………….…………515-239-5550 Water………………………………………………….….…………515-239-5150 47 City of SPECIAL EVENT PUBLIC SAFETY & EVENT MANAGEMENT PLAN Return To: Office Phone: Fax: This template has been produced to aid event organizers in planning safe and exciting events with 1,000 or more attendees. This document, along with the Special Event Application, are reviewed by the Special Event Committee to ensure that all safety aspects have been met. If any section duplicates information provided in the Special Event Application submitted for your event, please refer to that information in the applicable section. Please attach supporting documents and addendums as needed for each section. Please note that not all parts of the template may be relevant for every event. Once reviewed by the Special Events Committee, conditions and requirements will be set by the , th you. Thank you for hosting your event in ! 1. EVENT OVERVIEW EVENT NAME: AUDIENCE PROFILE The event’s audience profile is essential when planning for risks and ensuring that appropriate control measures and facilities are in place for the event. Include previous history, entertainment type, and ticket sales to help in indicating the audience profile. ORGANIZATION CHART Give a brief overview of the chain of responsibility for the main roles within the event. Identify who is responsible for what and give further details in the ‘Roles and Responsibilities’ section below. ROLES AND RESPONSIBILITIES Role Title Brief Explanation of responsibilities Office Use Only Page 1 of 6 Grace Bandstra, Deputy City Clerk 515 Clark Ave, Ames, IA 50010 515-239-5104 515-239-5142 48 CONTACTS Name Mobile Role Landline Email Name Mobile Role Landline Email Name Mobile Role Landline Email Name Mobile Role Landline Email Name Mobile Role Landline Email 2. CROWD MANAGEMENT SECURITY AND CROWD MANAGEMENT STAFFING The minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons. Where approved by the fire code official, the ratio of crowd managers may be reduced based upon the nature of the event. Crowd Management Staffing Provider/Company Number of Volunteers Number of Paid Staff Communication Methods Primary: Backup: Number of staffing to be provided,including different levels of provision at different times during the event, if appropriate. Describe identification method of security staffing levels (e.g. yellow shirts for volunteers, red shirts for managers). Duties (e.g. searching at entrances, badge checking, rapid response, crowd monitoring, emergency evacuation, control and direct the public as required, monitoring fire equipment etc.). Page 2 of 6 49 SECURITY AND CROWD MANAGEMENT STAFF TRAINING Provide details of the training received by security and crowd management personnel. Detail the nature and format of pre-event briefing and training sessions (e.g. how security and crowd management personnel are made aware of emergency arrangements and the arrangements for their own health and safety). Provide date(s) and times of pre-event briefing and training sessions. MANAGEMENT OF ATTENDEE NUMBERS Provide details of how the number of attendees at the event are to be monitored and controlled (e.g. ticketed event; monitored entrances and exits). 3. COMMUNICATIONS PA SYSTEM Detail any PA systems in use at the event. If the entire site is not covered, please detail which parts are not covered and how these areas can be communicated with in the event of an emergency. RADIO COMMUNICATION Describe who will have radios for communication and which channels will be allocated for what activity. LOUD HAILERS Detail here where loud hailers can be located if in use at the event, and list those trained and confident in use. TELEPHONE List details of any landlines or alternate methods of communication in the event of problems with telephone or radio communication. Page 3 of 6 50 SIGNAGE AND PUBLIC INFORMATION Provide details and location of any signage or public information facilities being used to direct persons around the site including first aid locations, lost children, and lost and found. MEDIA List contact information for all senior members of the event organization prepared and authorized to give statements about the event. Name Mobile Role Landline Email Name Mobile Role Landline Email Name Mobile Role Landline Email 4. MEDICAL AND FIRST AID Enter details of the first aid and emergency medical support for your event. Identify where each medical facility/first aid point is located on your site and identify each on your site plan. Refer to and attach maps as needed. 5. FIRE RISK ASSESSMENT A fire risk assessment must be carried out for all locations. Details of any risks identified and the way that they are to be managed should be included in training and briefing materials and meetings. FIRE EXTINGUISHERS Provide details of the type, number and location of fire extinguishers to be provided at the event. PYROTECHNICS AND SPECIAL EFFECTS List any pyrotechnics or special effects used during the event. Page 4 of 6 51 6. POLICE List details of police involvement in the event. Refer to Special Event Application where applicable. Police traffic management of the event On site police presence during the event 7. RISK MANAGEMENT INCIDENT RECORDING The event pr moters should maintain a record of everything that occurs throughout the event. List contact information for all members of the event responsible for these records Name Mobile Role Landline Email Name Mobile Role Landline Email 8. INCIDENT MANAGEMENT EMERGENCY MANAGEMENT COMMAND POST Describe location and functionality of the event’s emergency management command post. Describe arrangements and procedures for the hand-over of control of aspects of your event to emergency response agencies in the event of an emergency. EXTREME WEATHER Identify person(s) responsible for monitoring weather forecasts in advance and during the event, who this information will be passed to and where the information will be obtained. Name Mobile Role Landline Email Name Mobile Role Landline Email Page 5 of 6 52 Please attach or include any additional site plans, risk assessments, and associated event documents required above. Your completed Public Safety & Event Management Plan is due days prior to your event. Detail the general arrangements and notification process in event of extreme weather (e.g. cancellation criteria) Extreme weather may cause other specific actions to be taken to prevent injury or damage. Please detail preparation and staff training performed to ensure appropriate action is taken to respond to extreme weather conditions EMERGENCY VEHICLE ACCESS Special Event Permits require a 20’ fire lane for emergency vehicle access along any street closures. Detail any additional dedicated emergency vehicle access routes and rendezvous points or any public routes or locations that may be used for emergency vehicles. EVENT EVACUATION PLAN Detail emergency evacuation plan for event attendees, volunteers, and contractors. Include map, or refer to map used in the Special Event Application. Detail preparation and staff training performed to ensure appropriate action is taken to during evacuation. 9. LOST CHILDREN / VULNERABLE PERSONS Detail here the arrangements for safeguarding and reuniting lost children or other vulnerable persons with carepersons, parents, or guardians. Identify the location on the site map. 10. DEBRIEF AND EVENT REVIEW A post-event debrief may be required by the Special Events Office or specific departments on the Special Events Committee. Please be prepared to present the following at any debrief: Particular arrangements that worked well to ensure public safety Any identified weaknesses in the arrangements that require improvement Review of any incidents and remedial action required Page 6 of 6 53 54 ITEM #:12 DATE:11-12-24 DEPT:PW SUBJECT:FY 2019/20 STORM WATER EROSION CONTROL PROGRAM (IOWAY CREEK - 6TH TO 13TH ST) COUNCIL ACTION FORM BACKGROUND: The Storm Water Erosion Control program provides for stabilization of areas that have become eroded in streams, channels, swales, gullies, or drainage ways that are part of the stormwater system. This program provides a more permanent control of the erosion and will reduce recurring maintenance costs in these areas. The location for this project is Ioway Creek from 6th Street to 13th Street through Brookside Park. The stream banks have continued to erode, threatening a shared use path along the west stream bank and neighboring residential properties on the east bluff. The project will relocate 500' of the creek away from the eroding east slope providing a flatter and more stable slope, add a water quality oxbow treatment, stabilize stream banks, and improve proper stream flow functioning. The site will be revegetated with native landscaping including trees and shrubs on the east slope. Staff has completed plans and specifications for this contract. The estimated construction cost is $1,549,153 for the base bid for stabilization of the east bank and relocation of the creek between the two pedestrian bridges. There are two add alternates: a north add alternate with a construction cost estimate of $97,600 for in-stream work between 13th Street and the northern pedestrian bridge, and a south add alternate with a construction cost estimate of $212,200 for in- stream work from 6th Street to the southern pedestrian bridge. The base bid is the minimum needed to realign the creek so that the failing east stream bank is stabilized, while the alternates are preferred to provide additional stream stability upstream and downstream of the critical section. The alternates are not included in the base bid because if construction bids come in above the engineering cost estimate and funding available, the essential part of the project can move forward without the need to rebid the project and risk losing the IFA Water Infrastructure Funding, which requires that a construction contract be executed by December 31, 2024. FUNDING SOURCE AVAILABLE REVENUE ESTIMATED EXPENSES FY 2019/20 Stormwater Erosion Control Program (Stormwater Utility Fund)$432,000 State Revolving Fund $300,000 IDALS Water Quality Initiative $100,000 IFA Water Infrastructure Fund $500,000 Previous CIP Savings (Stormwater Utility Fund)$736,000 Anonymous Donation $ 90,000 55 Construction (Base Bid) $ 1,549,153 Construction (Add Alternate North) $ 97,600 Construction (Add Alternate South) $ 212,200 Engineering/Administration _________$ 250,000 Total $ 2,158,000 $ 2,108,953 Construction is planned for 2025, starting no earlier than April 1. PUBLIC OUTREACH: Three outreach meetings were held in 2021 to receive property owner, stakeholder and public feedback. Staff, consultants, and outside experts (IDNR) reviewed the feedback and then prepared and presented a second alternative design to the public through three more public meetings in spring 2022. In addition, over the last two years, staff has had ongoing discussions with the adjoining property owners as part of the easement acquisition process. At this time, six property owners have granted the necessary permanent and temporary construction easements and the seventh property owner is in the negotiation process. Staff expects to have the last easement finalized prior to award of the contract. Project progress was slowed due to conflicting construction timing requirements relating to two species of concern: the Indiana Bat and the Rusty Patched Bumble Bee. The U.S. Fish and Wildlife Service determined that construction timing should avoid the winter bee nesting period. A final public meeting was held on October 9, 2024 to present 90% design plans and the upcoming construction schedule with a favorable response from the public. Outreach will continue prior to and during construction through various methods including signage in the park and social media to inform the public of the project schedule. ALTERNATIVES: 1. Approve the plans and specifications for the 2019/20 Storm Water Erosion Control (Ioway Creek at Brookside) project, setting December 4, 2024 as the bid due date and December 10, 2024 as the date of the Public Hearing. 2. Direct staff to revise the project. CITY MANAGER'S RECOMMENDED ACTION: Approving these plans and specifications will stabilize the stream banks, restore stream function of Ioway Creek, and protect storm sewer and pedestrian infrastructure within Brookside Park. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Ioway Creek Brookside A.03.pdf 56 IP O O O O O O O O O O O O O O O O 0+0 0 1+0 0 2+0 0 3+ 0 0 4+ 0 0 5+0 0 6+ 0 0 7+ 0 0 8+ 0 0 9+ 0 0 10+ 0 0 11+0 0 12+00 13+00 14+00 15+00 16+00 17+0 0 18+ 0 0 19+ 0 0 20+0 0 21+00 22+00 23+00 24+00 25+00 26+00 27+00 28+00 29+0 0 30+0 0 31+0 0 32+0 032+3 6 0+00 1+0 0 2+ 0 0 3+0 0 4+00 5+00 6+00 7+00 8+00 8+45 0 HORIZ. 100100 200 N 57 ITEM #:13 DATE:11-12-24 DEPT:PW SUBJECT:2023/24 AMES PLAN 2040 SANITARY SEWER UTILITY INFRASTRUCTURE (265TH STREET EXTENSION) COUNCIL ACTION FORM BACKGROUND: This new program involves installation of public sanitary sewer infrastructure into the priority growth tiers shown in Ames Plan 2040. Installing the sanitary sewer system proactively opens the ability to develop land in the adopted growth tiers. This project includes extending a new sanitary sewer along Ken Maril Road, 550th Avenue, and 265th Street. The City and Story County have agreed to the installation of a sanitary sewer on the county roadway. The attached 28E Agreement prepared by Story County has been reviewed and approved by the City of Ames staff and Legal Department. On June 25, 2024, a professional services agreement contract with WHKS of Ames, Iowa was approved in the amount not to exceed $273,300 for design. WHKS and City staff have completed plans and specifications for this project, with an Engineer's Estimated Base Bid of $3,073,557.26 to extend the sanitary sewer from the existing 66" sanitary sewer on Ken Maril Rd west to 550th Avenue, then south along 550th Ave from Ken Maril Rd to 265th Street. The add alternate in the amount of $896,758.49 is included to extend the sanitary sewer along 265th Street west from 550th Ave to US Hwy 69. Funding Source Available Revenue Estimated Expenses ARPA $3,381,981 Construction (Base Bid) $ 3,073,557.26 Engineering/Administration 305,000.00 Total Base Bid $3,381,981 $3,378,557.26 Construction (Add Alternate) 896,758.49 Total Base Bid & Add Alternate $3,381,981 $4,275,315.75 The Base Bid or Base Bid and Add Alternate bid will be awarded based on the City's discretion and available revenue. PUBLIC OUTREACH Staff sent letters to all tenants/property owners and met with several tenants and property owners to obtain input regarding staging, construction timing, and special access needs. Comments were received and incorporated into the project design. At the public meeting, it was clear there was a strong preference to avoid being annexed into the 58 City. Property owners requested assurances that this sewer project would not result in involuntary annexation. Staff explained that annexation would only occur at the time a property owner requests annexation, and that the City is not initiating an involuntary annexation of the whole area. Future annexation patterns will not be known until the City first receives a petition for annexation from a landowner. The City's Planning staff will be available to respond to questions and concerns about future annexation and can discuss details with individuals as needed. ALTERNATIVES: 1. The City Council can approve the following: a. Approve the plans and specifications for the 2023/24 Ames Plan 2040 Sanitary Sewer Utility Infrastructure (265th Street Extension) project, setting December 4, 2024, as the bid due date and December 10, 2024, as the date of Public Hearing. b. Approve the agreement for City sanitary sewer installation on County roadway. 2. Direct staff to revise the project. CITY MANAGER'S RECOMMENDED ACTION: Approving these plans and specifications will extend public sanitary sewer infrastructure into priority tiers shown in the Growth Plan 2040. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Ames 2040 Plan Overview.pdf Sanitary Sewer Agreement.pdf 59 0 HORIZ. 500500 1000 60 61 62 63 ITEM #:14 DATE:11-12-24 DEPT:P&H SUBJECT:INTEGRATED SITE PLAN SUBDIVISION FOR 1726 COLLABORATION PLACE, IOWA STATE UNIVERSITY RESEARCH PAK, PHASE III, SEVENTH ADDITION, INTEGRATED SITE PLAN SUBDIVISION MAJOR FINAL PLAT COUNCIL ACTION FORM BACKGROUND: Hunziker Construction Services, Inc. is requesting approval of a final plat for Iowa State University Research Park Phase III, Seventh Addition. The plat divides the 4.2-acre site at 1726 Collaboration Place into two lots (see Attachment A - Location and Zoning Map and Attachment B – Proposed Final Plat). The plat is part of a request for an Integrated Site Plan subdivision, which includes a Preliminary Plat and Major Site Development Plan previously approved by City Council on October 22. This process allows for the division of the property with zoning compliance based on the site as a whole. The proposal will use the zoning flexibility of an Integrated Site Plan to distribute parking across both lots, eliminating setbacks for parking areas from interior property lines, while placing two mixed-use buildings on separate lots. Lot 1 (2.26 acres) will include one mixed-use building, four garage buildings for residential tenants, and a tenant amenity area including a picnic shelter and basketball and pickleball courts. Lot 2 (1.94 acres) will also contain one mixed-use building and four garage buildings. A shared parking area behind the principal structures will connect the lots. The applicant proposes to phase the development with the mixed-use building and improvements on Lot 1 being the first phase, as allowed by the Integrated Site Plan process through approval of a Development Agreement by City Council (see Attachment C). The Development Agreement ensures improvements necessary for site function are made even if future phases are not constructed. The Development Agreement specifies that in addition to the buildings and improvements on Lot 1, certain improvements on both lots are made, including: The public sidewalk The off-site stormwater management area Shared utilities and fire hydrants A temporary turnaround for emergency vehicles at the terminus of the drives on Lot 1 Sufficient parking spaces to meet the number required for the uses on Lot 1 The first phase shall be completed within two years of approval. A temporary rock fire truck turnaround is allowed in conjunction with Phase 1 that is required to replaced with a paved driveway at the end of construction of Phase 1 if Phase 2 has not started construction. A trail connection on Lot 1 is shown as part of the second phase. Staff noted at the time of the Major Site Development Plan approval that the connection may not be required to be constructed as it connects to a trail on an adjacent property that may be relocated. If the location of the adjacent trail 64 changes, the connection may no longer be required. This is noted on the phasing exhibit attached to the Development Agreement; any change to the trail would be minor amendment of the original approved Major Site Development Plan. Per the requirements of the Subdivision Code for an Integrated Site Plan, the lots will operate collectively for site improvement and maintenance purposes. This is memorialized through the Development Agreement and creation of an association with covenants and bylaws regarding the maintenance and shared nature of common areas. Notes have also been placed on the plat that acknowledge shared use and maintenance of parking, pedestrian ways, circulation, and other common areas, as required of an Integrated Site Plan Subdivision. No financial security is included with this Final Plat given the availability of infrastructure sufficient to serve the lot. All necessary infrastructure is currently installed except for a sidewalk along Collaboration as this property is currently a platted lot. Proposed extensions of City water and sewer mains are only necessary internal to the site as the site will be divided into two lots and each building will be served separately by its own utilities. ALTERNATIVES: 1. Based upon the findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans, the City Council can approve the Final Plat for Iowa State University Research Park Phase III, Seventh Addition, and the Development Agreement. 2. Deny the Final Plat for Iowa State University Research Park Phase III, Seventh Addition, by finding that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 3. Refer this request back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed Final Plat for Iowa State University Research Park Phase III, Seventh Addition is consistent with the Preliminary Plat approved by the City Council and the plat conforms to the adopted ordinances and policies of the City as required by Code. Development of the site must be consistent with the approved Integrated Site Development Plan and Development Agreement for phasing. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1, as described above. ATTACHMENT(S): Attachment A - Zoning and Location Map.pdf Attachment B - Final Plat.pdf Attachment C - Development Agreement.pdf Attachment D - Applicable Laws.pdf 65 11 ATTACHMENT A 66 67 68 INSTRUMENT PREPARED BY: Brian D. Torresi, 120 S 16th St., Ames, IA 50010 (515) 288-2500 RETURN TO: City of Ames, Iowa, Attn: City Clerk, 515 Clark Ave., Ames, IA 50010 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into as of the Effective Date (as that term is defined herein) by and between the City of Ames, Iowa (the “City”) and Hunziker Construction Services, Inc. (collectively, with the successors and assigns thereof, the “Developer”). City and Developer are hereinafter collectively referred to as the “Parties” or individually as a “Party”. This Agreement shall be effective as of the date the last of the Parties hereto executes same (the “Effective Date”). RECITALS WHEREAS, the Parties desire the improvement and development of the real properties in Story County, Iowa as legally described on the attached Exhibit A (collectively, the “Site”); WHEREAS, Developer intends to develop the Site in phases, pursuant to an approved Integrated Site Plan (the “Plan”) approved on ____________, 2024 by Resolution No. 24-______ (a true and accurate copy of the Plan is located at the office of the City Clerk of the City and is incorporated herein by reference as if fully set forth); and WHEREAS, pursuant to Section 23.705 of the Ames Municipal Code (the “Code”), this Agreement is required with respect to the use and development of the Site, subject to the Plan, as the result of the proposed development of the Site in phases. NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants contained herein, and reliance on the same, the receipt and sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: I INTENT AND PURPOSE 1. It is the intent of this Agreement to: a. recognize that, as of the date hereof, Developer is the fee simple owner of the Site; 69 b. complete the City of Ames requirements for Integrated Site Plan Subdivisions as set forth in Section 23.700 through 23.707 of the Code; c. acknowledge that the City and Developer desire the development of the Site, in phases and in accordance with the Plan; and d. provide remedies to the City in the event Developer fails to fulfill its obligations under this Agreement. II PHASED DEVELOPMENT 1. The Developer shall develop the Site in phases (each, a “Phase”) in accordance with the Plan, this Agreement, and Section 23.705 of the Code, and specifically provides and agrees as follows: a. any and all development on the Site shall be in accordance with and pursuant to the Plan; b. the improvements on the Site shall be phased such that the improvements required on Lot One (1) (“Lot-1”) (of Iowa State University Research Park Phase III, Seventh Addition, Ames, Story County, Iowa (the “Subdivision”) shall be completed as part of the initial Phase (the “Initial Phase”), the improvements required on Lot Two (2) (“Lot-2”) of the Subdivision shall be completed as part of a subsequent Phase (the “Subsequent Phase”), activities related to the commencement of the Subsequent Phase may be performed prior to the completion of the Initial Phase, but the Subsequent Phase and any other Phase shall not be completed until after the completion of the Initial Phase; c. the Developer shall, as part of the Initial Phase, provide sufficient parking, landscaping, and other improvements to the Site, including, but not limited to, the construction and/or placement of a gravel emergency turnaround, all required public sidewalks, stormwater management facilities, hydrants, and any trees required to be planted as part of the Initial Phase, all as set forth in the Plan and as further set forth and identified on the attached Exhibit B, with respect to the complete development of the Site and any proposed Phase of development thereof; d. prior to occupancy of any building on Lot-1, all site improvements for said Lot-1, and other associated parking, paving, and landscaping improvements located within the Subdivision, as depicted on the attached Exhibit B, must be completed; e. subject to the completion timing restriction noted in Sec. II(1)(b) hereof, construction and improvements on Lot-2 and/or a subsequent addition of the Subdivision may occur in any order subject to approval by the Planning Director of the City of improvements necessary to serve any Subsequent Phase(s), including but not limited to, the construction and pavement of all drives and drive aisles necessary to replace the temporary gravel emergency turnaround area established on Lot-2 as part of the Initial Phase (collectively, the “Drive Improvements”), parking, paving, storm water, trails, parking lot trees, and other landscaping; and f. the requirements set forth herein with respect to the Initial Phase shall be constructed, 70 and the Plan shall be completed, within two (2) years from and after the Effective Date (the “Phase Trigger Date”), and, notwithstanding anything herein to the contrary, in the event the construction of the Subsequent Phase does not commence on or before the Phase Trigger Date, the Developer shall nonetheless commence construction of the Drive Improvements. 2. All ordinances, regulations, and policies of the City now existing, or as may hereafter be enacted, shall apply to activity on the Site. 3. Notwithstanding anything in this Agreement to the contrary, u pon the completion of improvements on any lot within the Subdivision in accordance with the terms hereof and/or the Plan, the terms of this Agreement shall terminate with respect to said lot. III MODIFICATION OF AGREEMENT The Parties agree that this Agreement may be modified, amended or supplemented by written agreement of the Parties. The Parties hereby understand, acknowledge, and agree, however, that the Plan may be amended with respect to any individual lot within the Subdivision upon the agreement of the then titleholder of said lot and the City, and no further consent is needed f rom the then titleholders of other lots within the Subdivision or the Developer. IV COVENANTS RUN WITH THE LAND This Agreement shall run with the Site and shall be binding upon Developer, its successors and assigns. V INCORPORATION OF RECITALS AND EXHIBITS The Recitals, together with any and all exhibits and/or other attachments hereto, are confirmed by the Parties as true and correct and incorporated herein by reference as if fully set forth verbatim. The Recitals, exhibits, and/or other attachments are a s ubstantive, contractual part of this Agreement. VI MISCELLANEOUS Time is of the essence in this Agreement. The failure to promptly assert any rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. To facilitate execution, this Agreement may be executed in as many counterparts as may be required. It shall not be necessary that the signature on behalf of the Parties hereto appear on each counterpart. All counterparts shall collectively constitute a single Agreement. VII INTEGRATED SITE PLAN MATTERS 71 All use restrictions contained in this Agreement shall be covenants upon the Site running with the Site for a period of twenty-one (21) years from and after the date of the recording of the Plat, subject to extension pursuant to Iowa Code §§ 614.24 and 614.25. Any and all circulation and parking areas and maintenance areas, as shown on the Plan and/or on the final plat of the Subdivision, and any landscaping, pedestrian access areas, trails, stormwater facilities, trash collection enclosures, and other similar improvements intended to be common amenities for the Subdivision, shall be maintained by Collaboration Place Property Owners Association, Inc., or the successors and assigns thereof (the “Association”), pursuant to Section 23.704(7) of the Code. Furthermore, pursuant to Section 23.704(8) of the Code, the Site shall be developed and shall continually function as a single site with respect to, among other things, lot access, interior circulation, common utilities, open space, landscaping and drainage, common facilities maintenance, and parking. VIII GOVERNING LAW The laws of the State of Iowa shall govern this Agreement. Any dispute relating to this Agreement shall be adjudicated in the Iowa District Court for Story County. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date. (SIGNATURE PAGE FOLLOWS) 72 73 EXHIBIT A SITE Parcel “C” a part of Lot Six (6), Iowa State University Research Park Phase III, Seventh Addition, Ames, Story County, Iowa, as shown on the Boundary Line Adjustment recorded on November 4, 2022, as Instrument No. 22-10580 74 EXHIBIT B 75 N 0 0 ° 2 9 ' 3 5 " W 3 8 9 . 1 6 S 89°31'15" W 216.39 N 71°53' 4 8 " E 3 0 0 . 7 6 N 65°4 8 ' 3 1 " W 1 7 1 . 0 7 L=70.33 R=890.00 Δ=4°31'39" L=426.74 R=890.00 Δ=27°28'20" N 0 0 ° 0 0 ' 2 8 " E 1 9 7 . 7 6 S 0 0 ° 2 4 ' 2 9 " E 6 8 . 1 8 N 0 0 ° 2 9 ' 3 5 " W 6 8 . 0 5 N 89°33'21" E 691.31 N 89°33'21" E 691.31 S 89°33'21" W 107.64 LOT 2 1.94 ACRES 84,383 SQ FT LOT 1 2.26 ACRES 98,549 SQ FT UNIT 1 0 1 ST A I R S ST A I R S TENAN T 1 TE N A N T 2 TE N A N T 3 TE N A N T 4 TE N A N T 5 TE N A N T 6 TE N A N T 7 BUILDI N G A FF: 974 . 5 0 X X X UNIT 101 ST A I R S ST A I R S TENANT 1 TE N A N T 2 TE N A N T 3 TE N A N T 4 TE N A N T 5 TE N A N T 6 TE N A N T 7 BUILDING B FF: 971.75 T T X X X X X X X X X X X X X DRY POND 100 YEAR = 959.65 ROCK INFILTRATION TRENCH GA R A G E A - 6 U N I T FF : 9 7 5 . 0 0 GA R A G E B - 6 U N I T FF : 9 7 4 . 5 0 GARAG E C - 6 U N I T FF: 973 . 4 0 GARAG E D - 7 U N I T A D A FF: 972 . 7 5 GARAGE E - 7 U N I T FF: 971.55 GARAGE F - 6 U N I T FF: 970.70 GA R A G E G - 6 U N I T FF : 9 6 9 . 1 0 GA R A G E H - 6 U N I T FF : 9 6 8 . 5 0 SHELTER PICKLEBALL COURTS BASKETBALL COURT l l l l l l l l>> >> >> >> >> >> >> >> >> >>>>>>>>>> >> >> >> >>>>>>>>>> >> >> >> >> >> >> >> >> >> >> >>>>>>>> >> >> >> >> >> >> l > > > > > > > > >> >> >> >> >> l l l l >> D E E E E E E E E E G G G G G G G G G G G G G G G E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E D D D D D D D D S S S D D V V E V V V V CLVT CLVT CLVT CLVT CLVTCLVT CLVT >> >> >> >> >> >> >> >> >> >> >> >> >> >> >>>>>>>>>>>> >> >>>>>>>>>>>>>> >>>> >> >> >> >> >> >> >>>> >> >> >> >> > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> E E E E E E E E E E E E E E E l l l l l l l l l l l l l llllllllllllll l l l l l l l l l l l l l l l l l l TRAIL CONNECTION TO BE CONSTRUCTED WITH PHASE 2 IF REQUIRED BY STAFF. LEGEND PHASE 1 PHASE 2 SHEET B o l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d c H: \ H U N Z I \ 2 4 X 1 3 5 5 1 5 0 0 0 \ C A D \ C 3 D \ 1 3 5 5 1 5 C 9 0 1 . d w g 11 / 5 / 2 0 2 4 2 : 1 7 : 5 0 P M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. DATEDESCRIPTION REV HUNZIKER DEVELOPMENT COLLABORATION PLACE TWA TWA GAB 24X. 135515.000 R 1519 BALTIMORE DRIVE AMES, IA 50010 Phone: (515) 233-6100 Email: Ames@bolton-menk.com www.bolton-menk.com C9.01 PHASING PLAN R FEETSCALE 0 25 50 HORZ. 76 Attachment D Applicable Laws The laws applicable to this Final Plat Subdivision include, but are not limited to, the following: (verbatim language is shown in italics, other references are paraphrased): Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine whether the subdivision conforms to its Land Use Policy Plan. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Section 23.302(10): City Council Action on Final Plat for Major Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. (c) The City Council may: (i) deny any subdivision where the reasonably anticipated impact of such subdivision will create such a burden on existing public improvements or such a need for new public improvements that the area of the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy Plan or other capital project or growth management plan of the City until such time that the City upgrades such public improvements in accordance with schedules set forth in such plans; or, (j) approve any subdivision subject to the condition that the Applicant contribute to so much (k) of such upgrade of public improvements as the need for such upgrade is directly and (l) proportionately attributable to such impact as determined at the sole discretion of the City. The terms, conditions and amortization schedule for such contribution may be incorporated within an Improvement Agreement as set forth in Section 23.304 of the Regulations. (d) Prior to granting approval of a major subdivision Final Plat, the City Council may permit the plat to be divided into two or more sections and may impose such conditions upon approval of each section as it deems necessary to assure orderly development of the subdivision. Following such examination, and within 60 days of the Applicant's filing of the complete Application for Final Plat Approval of a Major Subdivision with the Department of Planning and Housing, the City Council shall approve, approve subject to conditions, or disapprove the Application for Final Plat Approval of a Major Subdivision. The City Council shall set forth its reasons for disapproving any Application or for conditioning its approval of any Application in its official records and shall provide a written copy of such reasons to the developer. The City Council shall pass a resolution accepting the Final Plat for any Application that it approves. Section 23.704. REQUIREMENTS FOR INTEGRATED SITE PLAN SUBDIVISION. (1.) An Integrated Site Plan Subdivision must include a descriptive title for the subdivision, and a descriptive title for the associated Integrated Site Plan. 77 (a) The subdivision title must be clearly shown on the face of the plat as: “[Descriptive Title] Integrated Site Plan Subdivision”, and (b) The site plan and associated documents must be clearly titled as: “[Descriptive Title] Integrated Site Plan”. (2.) The Integrated Site Plan Subdivision plat shall include all of the following declarations on the plat: (a) Circulation and Parking - Unless otherwise specified, all driveways, parking areas, roadways, fire lanes, sidewalks, plazas, courtyards, and other vehicular or pedestrian ways or spaces identified on the approved Integrated Site Plan associated with this Integrated Site Plan Subdivision are for the common use of the owners, tenants, customers and related operational interests associated with each lot contained within this subdivision. (b) “Maintenance Area. Unless otherwise specified, a maintenance area is provided within 10 feet of any building or structure identified on the approved Integrated Site Plan associated with this Integrated Site Plan Subdivision, even when said area extends onto other lots within this subdivision, provided that disturbance of improvements or landscaping shall be minimized and repaired/replaced if damaged.” “All development and use of the land described herein shall be in accordance with this subdivision and the associated [Descriptive Title] Integrated Site Plan, as they may be amended with the approval of the City of Ames, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof.” (3.) Building and Structures. All buildings and structures contained in the Integrated Site Plan Subdivision are subject to the following setback provisions: (a) Setbacks along the outer perimeter of the subdivision plat shall conform to the setbacks of the underlying zone. (b) Setbacks are not required from interior property lines within the Integrated Site Plan Subdivision. However, property lines may not bisect buildings unless a firewall is located along said property line. (c) Building Coverage and Floor Area Ratio (FAR). Shared maximum building coverage and floor area ratio standards may be approved for the overall site. (4.) Landscaping. The landscaping standards of the underlying zone apply to each lot within the subdivision, except as follows: (a) Minimum area landscaping calculations and landscaping percentages may be based on the area of landscaping in the entire subdivision rather than the area of landscaping on individual lots within the subdivision subject to conformance with phasing provisions in Section 23.705. (b) Required parking lot perimeter landscaping along interior property lines may (subject to conformance with phasing provisions in Section 23.705 be relocated to the other areas of the subdivision, provided that: (ii) the total amount of parking lot landscaping is not diminished from that which would be required if each lot were platted and developed independently; and (iii) Any required landscape medians and islands are provided in all parking areas. (5.) Frontage Improvements. All Integrated Site Plan Subdivisions shall include street improvements specified in Section 23.403. (6.) All circulation and parking improvements defined on the face of the plat or on the associated Integrated Site Plan, as well as exterior lighting fixtures, landscaping, signage, fixtures and other improvements required by the provisions of the Integrated Site Plan, and/or which serve multiple lots within the subdivision, are to be included in or owned by an association or legal entity in which the owners of each lot or parcel in the divided property have a legal or beneficial interest. (7.) Maintenance of Improvements. All improvements required to comply with the minimum provisions of the Integrated Site Plan, including areas and features on individual lots that collectively contribute to total compliance with minimum standards for parking, circulation, 78 pedestrian access, landscaping, as well as any improvements that are for the collective use of all property owners and/or tenants (such as signage, fixtures, dumpster enclosures, etc.), shall be maintained by an owners association or other legal entity, in which each property owner has a legal interest and obligation. Maintenance obligations shall be included in covenants and restrictions that are administered by the association or legal entity, and which run with the land. The City shall be furnished for review and approval the covenants and restrictions and the legal instruments creating the association or legal entity as part of the Integrated Site Plan Subdivision approval process. (8.) The property owners must execute written agreements which are recorded against the affected property, ensuring that all lots within the Integrated Site Plan Subdivision will continue to function as one site for any number of purposes, including but not limited to: lot access; interior circulation; common utilities; open space; landscaping and drainage; common facilities maintenance; and coordinated parking. Such approved Integrated Site Plan Subdivision and associated Integrated Site Plan is recorded in the county in which such land is located. 79 ITEM #:15 DATE:11-12-24 DEPT:P&R SUBJECT:ARCHITECTURAL AND ENGINEERING SERVICES FOR PARKS AND RECREATION PARK MAINTENANCE COMPLEX EXPANSION PROJECT COUNCIL ACTION FORM BACKGROUND: The Parks and Recreation Department uses a maintenance building located at 700 E. 13th Street to store equipment and materials. Several other buildings, both at this site and northeast of the main building, are also used to store equipment. The goals of this project are to: 1) complete interior renovations of the existing Park Maintenance Building, which may include restrooms, break room, additional parking, and staff workspaces, 2) consolidate much of the equipment and attachments onto one site, and 3) discontinue storing equipment in buildings that are either near the end of life or in the flood plain. To accomplish these goals, an additional cold storage structure is needed at the Park Maintenance Building. Staff issued a request for proposals (RFP) seeking a consultant to provide design services including schematic design, design development, construction documents, and bidding assistance. Construction administration services are also desired, such as pre-construction services, construction management, and post-construction services. The consultant will identify an appropriate timeline with milestones for the project with the goal to occupy the building by July 1, 2025. An evaluation team reviewed proposals based on the consultant’s experience, qualifications of key personnel assigned to work on the project, the firm’s experience and experience with similar work, compliance with RFP requirements, proposed timeline, and cost. The RFP evaluation rankings and costs are shown in the table below: Company Evaluation Rank Proposed Cost SVPA Architects, Inc., West Des Moines, Iowa 1 $60,700 SHYFT Collective, Des Moines, Iowa 2 $74,625 I&S Group, Inc, dba ISG, Des Moines, Iowa 3 $96,000 10Fold Architecture, Ames, Iowa 4 $84,700 ASK Studio, Des Moines, Iowa 5 $67,000 The top two ranked consultants, SVPA Architects, Inc. and SHYFT Collective, were selected for interviews. Interviews were evaluated based on demonstrated knowledge and experience, communication style, methods and process, the completeness of addressing questions and issues, methods of achieving the desired outcome, and what sets them apart from other consultants. The evaluation team selected the top ranked consultant, SVPA Architects, Inc, West Des Moines, IA, to negotiate a contract. Through negotiations, staff was able to obtain a reduction in the expected fees for reimbursable expenses, resulting in a revised contract value of $50,200. The Park Maintenance Complex Expansion budget includes $642,964 for construction and furnishings. The budget for design and construction administration is $50,000. 80 ALTERNATIVES: 1. Award a contract to SVPA Architects, Inc., West Des Moines, Iowa for Architectural and Engineering Services for the Park Maintenance Complex Expansion Project in an amount not-to- exceed $50,200. 2. Award the contract to one of the other bidders. 3. Do not award a contract at this time and refer back to staff with direction as to how to proceed. CITY MANAGER'S RECOMMENDED ACTION: Architectural and Engineering Services are required to develop the project and prepare construction documents for bid. The top two firms submitting proposals were deemed acceptable. SVPA Architects, Inc. was ranked #1 when proposals were evaluated by the evaluation team and is also the low-cost proposal. The firm is reputable and has performed similar work for comparable communities in the past. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as described above. 81 ITEM #:16 DATE:11-12-24 DEPT:P&R SUBJECT:IOWA DEPARTMENT OF NATURAL RESOURCES, LAND AND WATER CONSERVATION FUND AGREEMENT COUNCIL ACTION FORM BACKGROUND: The City purchased approximately 50 acres of land at 5658 Ontario Street in FY 2023/24 for development into a new City park. The cost of this purchase was $1,146, 484 with funding coming from the Park Development Fund ($946,484) and a Resource Enhancement And Protection (REAP) grant ($200,000) administered through the Iowa Department of Natural Resources (IDNR). Staff continued to seek other possible funding sources and identified another grant opportunity through the IDNR: the Land And Water Conservation (LWCF) Fund Program. The IDNR clarified for staff that the City could apply for the LWCF grant even though REAP funding has already been awarded. In March 2023, staff submitted a grant application for $175,000, which was the maximum amount for a community the size of Ames. The City's application scored the highest and staff was notified that the City was being recommended for an award of $175,000. It should be noted that these funds are federal monies administered through the IDNR. Since the land was going to be purchased prior to LWCF grant being awarded, staff submitted a Waiver of Retroactivity for Land Acquisition. This waiver was approved on September 6, 2023 and allowed the City to purchase the land within one year of the approval date which was completed. When the IDNR disburses the funds to the City, the intent is to deposit the $175,000 into the Park Development Fund. The attached agreement acknowledges the award of $175,000. There are several special project terms the City must comply with to receive the funding. These stipulations are listed below: Grantee must comply with the following special terms: A final signed LWCF Boundary Map will be submitted prior to final draw and project closeout. (This map identifies the area that the LWCF funds are being used for. This area would need to be used for outdoor recreation in perpetuity and could not be sold or used for any other purpose unless a conversion process is completed.) Must provide a yellow book appraisal and appraisal review prior to initial payment. (Staff is working with the appraiser to get this accomplished.) The grantee shall comply with 2 CFR Part 200, 2 CFR Part 1402. (These two sections of Federal Code pertain to how items are purchased and mostly used for development projects. Since the City purchased this land, there are few obligations which have been met.) The grantee shall comply with the Build America, Buy America Law (BABA), Section 70914 of the Bipartisan Infrastructure Law, P.L. 117-58, unless a waiver is applied for an approved by the Department of Interior and the Made in America Office. See Buy America section attached to the agreement. (Since the grant money is being used to purchase land, this section does not apply.) Prior to submitting the application, the Office of the State Archeologist was contacted to perform a 82 desktop review of the entire property. After review, it was recommended that a Phase 1 archaeological investigation should be conducted as there has been no previous archaeological investigations performed on this property. The Phase 1 investigation will need to be done prior to any ground being disturbed or structures being removed. ALTERNATIVES: 1. Approve the Land and Water Conservation Fund grant agreement with the Iowa Department of Natural resources in the amount of $175,000 to help offset the funds used to purchase land at 5658 Ontario Street for a new park. 2. Do not enter into a grant agreement at this time. CITY MANAGER'S RECOMMENDED ACTION: Acquiring the Sands-McDorman Property for a future community park will provide a great addition to the City’s park system. As the City continues to expand, especially to the west, it is important to Ames residents to have parks and greenspaces near where they live. Ideally, this future park will have spaces for active, as well as passive recreation for all to enjoy. Originally, staff had proposed paying all of the $1,146,484 purchase price for the land from the Park Development Fund. The REAP grant reduced the City's cost by $200,000 and the LWCF grant funding will reduce the City’s local cost by an additional $175,000. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 19-01388_Ames_StateAgreement.pdf 83 FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM CFDA #: 15.916, Outdoor Recreation/Acquisition, Development & Planning Federal Opportunity #: P24AP01407 IOWA DEPARTMENT OF NATURAL RESOURCES PROJECT GRANT AGREEMENT PROJECT #: 19-01388 NAME OF GRANTEE: CITY OF AMES PROJECT TITLE: SANDS-MCDORMAN ACQUISITION AWARD CEILING: $175000.00 (Federal Cost Share rate of .152462%) PROJECT PERIOD: 9/6/2023 - 9/5/2026 GRANTEE ADDRESS: 515 CLARK AVENUE AMES, IA 50010 PROJECT COUNTY: STORY PROJECT SCOPE: ACQUISITION OF 48.6 ACRES OF LAND FOR FUTURE DEVELOPMENT OF A COMMUNITY PARK THAT WILL INCLUDE NATIVE PLANTS/HABITAT, ADA RECREATION, AND STREAM RESTORATION, LOCATED ON THE SOUTH SIDE OF ONTARIO STREET IN THE NW SECTION OF AMES, STORY COUNTY, IOWA. In the event that Historic Properties are inadvertently encountered during the undertaking of this project, work will immediately cease and the Grantee will notify the Iowa Department of Natural Resources within 48 hours, or as soon as reasonably possible. The DNR, in consultation with the National Park Service, State Historic Preservation Officer, and Indian Tribes will make reasonable efforts to avoid, minimize or mitigate adverse effects on those historic properties. PROJECT REPORTING DATES: Annual Reports include the Federal Financial Report (FFR) and Performance Progress Report (PPR). The Grantee is required to provide a summary of annual expenses on the project along with a short narrative of project accomplishments, including any concerns or issues that have developed, by the following dates. Year 1 Reports Due: 12/29/2023 Year 2 Reports Due: 12/29/2024 Year 3 Reports Due: 12/29/2025 Final Reports Due: 1/3/2027 84 The State of Iowa, represented by the Director, Department of Natural Resources, and the local agency named on the reverse side, mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) as amended, with the general provisions attached hereto and made a part hereof, and with the approved project proposal including attachments and any amendment thereto which have been or will be submitted for this project. The State hereby promises, in consideration of the promises made by the local agency herein, to take the necessary steps and action and to attempt to enter an agreement and any necessary amendments to obtain federal cost-sharing for that portion of the project cost referred to on the reverse side as "Fund Amount," to accept such funds from the United States and disburse the same to reimburse the local agency that portion of the total project cost that is the United States' share. It is understood by the parties hereto that this agreement shall not obligate State of Iowa funds for the project costs described herein, to execute the project or project segment described on the reverse side in accordance with the terms of the agreement. It is further understood that incurred costs will not be reimbursed without written approval that such federal funds have been encumbered. The following special project terms and conditions are added to this agreement: Grantee must comply with the following special terms: 1. A final signed LWCF Boundary Map will be submitted prior to final draw and project closeout. 2. Must provide a yellow book appraisal and appraisal review form prior to initial payment. Reimbursement of expenses will be .152462% of each total billing, up to the total Grant Award. The grantee shall comply with 2 CFR Part 200, 2 CFR Part 1402. The grantee shall comply with the Build America, Buy America Law, Section 70914 of the Bipartisan Infrastructure Law, P.L. 117-58, unless a waiver is applied for and approved by the Department of Interior and the Made in America Office. See Buy America section attached. A final billing for reimbursement shall be submitted to the State not later than 90 days following the expiration of the project period. See Section A-2 below for requirements. STATE OF IOWA LOCAL AGENCY By: ________________________________ By: ________________________________ Kayla Lyon, Director Signature Iowa Department of Natural Resources _JOHN A. HAILA, MAYOR, CITY OF AMES __ Name & Title __9/6/2023_____________ Date 85 DEPARTMENT OF NATURAL RESOURCES LAND & WATER CONSERVATION FUND A. DEVELOPMENT PROJECTS - PERFORMANCE & ADMINISTRATION Arrangements with Participant. It is the responsibility of the State to make arrangements with other public agencies suitable and adequate to insure successful performance of projects and to enable the continued operation and maintenance of aided facilities and properties for public outdoor recreational use. States shall assure that Participants comply with the terms of the project agreement, the provisions of the NPS, and all relevant laws, rules and regulations. States shall be responsible for the actions of Participants relating to the execution of projects. A-1 PROJECT PERFORMANCE 1. Performance of Construction by Contract. When the total value of construction work to be performed by a contract exceeds $25,000, the following requirements shall apply with respect to performance of the work: A. Bids and Awards. Competitive open bidding shall be required, unless the National Park Service (NPS) waives the requirement. When the Participant considers the lowest bidder unqualified, incapable or not responsible, the next lowest bidder may be approved. Justification for acceptance of a no-bid contract or awarding of contracts to other than the lowest bidder shall be subject to the approval of the NPS. B. Change Orders. The organization involved shall issue written change orders to the contract for all necessary changes to the facility. Any change which alters the nature or purpose of the facility must be approved by the Director, NPS. Such change orders shall be filed and preserved for a period of three years after the completion of the project. Change orders should be made part of the project file and kept for audits. C. Information to be Given Bidders Concerning Federal Funds. The Participant or State shall inform bidders that federal funds are being used to assist in construction, including information on the efforts to procure Federal Buy America materials. It is preferable to include this information in notices released prior to the issuance of bid invitations. D. Acceptance of the Contract Work. The Participant or State has full responsibility for determining that the recreation facility is complete and ready for acceptance. 2. Compliance with State and Local Laws. Construction must comply with those State and Local laws, the violation of which may endanger the completion or utilization of the facilities. Any penalties assessed for noncompliance cannot be matched with federal funds. 3. Compliance with Federal Laws. The organization involved, and contractors shall comply with all Federal laws pertaining directly and indirectly to the proposed construction, including Executive Order 10925, as amended by the Executive Order 11114, and the Federal Title 36, Chapter 1, Part 59; Post-Completion Compliance Responsibilities. A-2 PROJECT BILLING & REQUIRED DOCUMENTATION Reimbursement of expenses will be at the approved % of the Grant Award to the total project costs. Project billings shall be submitted to the State on the following basis: 1. Up to $10,000 total project cost - one billing. 86 2. Between $10,000 and $150,000 total project cost - no more than two billings. 3. Over $150,000 total project cost - no more than three billings. 4. Land purchases - one billing. The following documentation is required for reimbursement requests: 1. Reimbursements are requested by submiting a letter requesting reimbursement, include the Grant # and name, a paragraph on the project elements completed, total project expenses, amount being requested, and sign and date the letter. 2. Each development project billing shall include copies of all expenditures for the project. a. The date the expense was incurred. b. Evidence that the expense is chargeable to the project, copy of advertisement for bids and bid spread sheet or minutes of bid letting meeting. c. Evidence that the expense has been paid, photocopies of cancelled checks/expense ledgers. 3. With the final reimbursement, include photos of the completed project and a legal description of the park property. Any State sales tax refund received under the provisions of Chapter 422.45(7) of the Code of Iowa must be deducted from the total project costs. Income that accrues to a fund-assisted area during the project period from sources other than the intended recreational use must also be deducted from the total project cost. Examples include sale or rental of buildings, sale of timber, gravel, etc., rental of land, and agricultural income to participant. After project period, all income should be used to further the development of the project. FAILURE TO SUBMIT THE NECESSARY DOCUMENTATION WILL UNNECESSARILY DELAY THE ISSUANCE OF A REIMBURSEMENT WARRANT. A-3 BUILD AMERICA, BUY AMERICA Note: This term effective as of January 13, 2023. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. All manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 87 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/made-in-america Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/ GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to 88 https://www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1. Type of waiver requested (non-availability, unreasonable cost, or public interest). 2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3. Department of Interior Bureau or Office who issued the award. 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) 5. Financial assistance title of project (reference block 8 on DOI Notice of Award). 6. Federal Award Identification Number (FAIN). 7. Federal funding amount (reference block 11.m. on DO Notice of Award). 8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 9. Infrastructure project description(s) and location(s) (to the extent known). 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the U.S. 89 A-4 ACCOUNTS & RECORDS 1. Financial Responsibility. The State shall be responsible for the financial management of accepted projects. Appropriate internal controls must, therefore, be adopted and installed to ensure that the project is accomplished in the most efficient and economical manner. 2. Accounting for Funds Received. The State shall provide such fund accounting procedures as may be necessary to assure proper disbursement and accounting for Fund monies paid to the State pursuant to the Act. The accounting procedure should be based on generally-accepted accounting standards and principles and generally meet the following minimum requirements, unless the Director, NPS agrees to exceptions: A. Establishment of separate accounts and supporting documents for each project. Each project account should be identified by the number assigned to the property by the NPS (i.e. 19-00600). B. Identification of all receipts in sufficient detail to show the source of such receipts. C. Itemization of all supporting records to project expenditures in sufficient detail to show the exact nature of each expenditure. D. Cross-referencing to each expenditure with the supporting purchase order, contract, voucher, bill, etc. These supporting documents should contain the signature of the official authorized to approve such expenditures. E. Maintenance of adequate records, approved by the appropriate official, to show that all salaries and wages charged against projects are authorized. F. Maintenance of detailed payroll vouchers (names/gross amounts) for salaries/wages. G. Identification of invoices/vouchers charged to project number, account number date, and expense classification. H. When payment is by check, the canceled check should be identified and filed, when by cash, they must be supported by receipts. I. Establishment of adequate internal systems of financial control following generally-accepted accounting and auditing principles. The State shall require political subdivisions of public agencies, to which federal funds have been transferred, to provide similar accounting procedures as are required of the State by the NPS. 3. Record Retention. The financial records, including all documents to support entries on the accounting records and to substantiate charges for each project, must be kept readily available for examination by duly-authorized representatives of the NPS, the Department of Interior, and the General Accounting Office. All such records shall be retained and available for inspection for a period of three years after final payment. A-5 REPORTING Your Agreement identifies reporting periods. Two or three annual reports and one final report are required. They should include a summary of activities completed during the report period and a financial report of expenditures for the reporting period and to date. No specific report format is required. A-6 NOTICE It is essential that the project be developed in conformance with the project proposal submitted and the project agreement. This is particularly true regarding the number of facilities to be constructed or 90 installed. The Department and the NPS must approve any significant change in location or number of facilities before work can begin. ANY DEVIATION FROM THESE INSTRUCTIONS MAY JEOPARDIZE YOUR FEDERAL ASSISTANCE ON SOME PORTION OF YOUR PROJECTS. B. ACQUISITION PROJECTS - PERFORMANCE & ADMINISTRATION Arrangements with Participant. It is the responsibility of the State to make arrangements with other public agencies suitable and adequate to insure successful performance of projects and to enable the continued operation and maintenance of aided facilities and properties for public outdoor recreational use. States shall assure that Participants comply with the terms of the project agreement, the provisions of the NPS, and all relevant laws, rules and regulations. States shall be responsible for the actions of Participants relating to the execution of projects. B-1 ACCOUNTS & RECORDS 1. The participating agency will establish a separate account for each land acquisition project which will be identified by the number assigned to the project by the NPS. Supporting documents such as claims for land costs should also be referenced with the NPS project number. 2. All financial records pertaining to the project must be kept readily available for examination by Federal auditors. All such records shall be retained for inspection for a period of three years after the project is completed or terminated and a final audit on the project conducted. B-2 PROJECT BILLING & DOCUMENTATION A project billing may be submitted at any time after the appraisals have been approved and payment for the land has been made. Please submit four (4) copies of the attached claim voucher, to include signature, date, federal ID number and requested reimbursement amount. 1. Statement of Just Compensation for each tract of land. 2. Written and Signed Offer to Buy. 3. Statement of Differences in Value for each tract (when necessary). 4. Application for Reimbursement of Expenses Incurred in Selling Real Property with attached documentation - each tract, or; 5. Certificate of Title for each tract of land prepared by the participating agency's official legal officer indicating title to be in the name of the participating agency. 6. Photocopies of the deeds. 7. Photocopies of cancelled checks/warrants issued in payment for land costs, incidental expenses and relocation expenses. 91 SHADED AREA FOR DNR USE ONLY ACCOUNTING DEPT. RETURN ONE COPY TO: KMOENCH _______________________________ CITY OF AMES DOC #: __________________________________ DATE: __________________ 515 CLARK AVENUE AMES, IA 50010 1ST PYMT: __________________________________________________________ STATE ID #: FUND/DEPT/ORG/$ __________________________________________________________________ DEPARTMENT OF NATURAL RESOURCES PROJECT BILLING - LAND & WATER CONSERVATION FUND Project billings must be accompanied by all required documentation (invoices, cancel ed checks, deeds, etc.) covering expenditures included in the billing. Grant Recipient: CITY OF AMES Project #: 19-01388 Project Title: SANDS-MCDORMAN ACQUISITION Final Billing: Y or N Use the table below to list your budget items and the expenditures for each item. You should follow the budget items provided with your grant proposal as closely as possible. Budget Item Budget Amount Expenditures This Billing “To Date” Item Expenditures Totals Less Expenditures In Excess of Total Authorized Project Budget: Total “To Date” Expenditures: CLAIM REQUEST (__% OF “TO DATE” EXPENDITURES): LESS PREVIOUS PAYMENTS OF: TOTAL CLAIM TO BE PAID: Land Acquisition - List each parcel separately by parcel #. Use purchase price or appraised value, whichever is the lesser. I certify that this billing is correct and just based upon actual payment(s) of record by the grant recipient, and that the work and services are in accord with the approved grant. Signature: ______________________________________________ Date: ________________ Print Name: ______________________________________________ Phone #: ______________ Please sign and mail or email to: LWCF Program, Budget & Finance Bureau Iowa Department of Natural Resources 6200 Park Avenue, Suite 200 Des Moines, IA 50321 Kathleen.moench@dnr.iowa.gov 92 ATTACHMENT A – LWCF GENERAL PROVISIONS Part I – Definitions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 69 (October 1, 2008). D. The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and/or its subsequent amendments. E. The term "State" as used herein means the State or Territory that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the general, special, and LWCF provisions outlined in this award agreement and that it will further impose these provisions, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water 93 Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his/her designee. Prior to the completion of this project, the State and the Director may mutually alter the area described and shown in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion-of-use request as described in Part II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the project agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. 94 G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Article XVII.A.2 of the Grant Agreement to which these terms are attached. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III - Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B. Project Execution 1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 3. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 4. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 5. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project, the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee in accord with Section C below. 6. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 95 7. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 8. The State will comply with the provisions of: Executive Order (EO) 11988, relating to evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and EO 11990 relating to the protection of wetlands. 9. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 10. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. C. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a 96 state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. D. Project Closeout 1. The State will determine that all applicable administrative actions, including financial, and all required work as described in the project agreement has been completed by the end of the project’s period of performance. 2. Within 90 calendar days after completing the project or following the Expiration Date of the period of performance, whichever comes first, the State will submit all required documentation as outlined in the Manual and the Federal Financial Report (SF-425) as outlined in Article XIV of this Agreement for approval by the Service prior to requesting final reimbursement. 3. After review, including any adjustments, and approval from the NPS, the State will request through ASAP the final allowable reimbursable costs. Upon completion of an electronic payment, the State will submit a completed “LWCF Record of Electronic Payment” form to the NPS. 4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review within the record retention period. 97 ITEM #:17 DATE:11-12-24 DEPT:P&R SUBJECT:MARY GREELEY MEDICAL CENTER DONATION AGREEMENT FOR THE FITCH FAMILY INDOOR AQUATIC CENTER COUNCIL ACTION FORM BACKGROUND: Over $11 million in donations and grants have been secured for the construction of the Fitch Family Indoor Aquatic Center. Mary Greeley Medical Center (MGMC) has graciously pledged $4 million to be used for this $28+ million project. Now that construction is well under way, the attached Memorandum of Agreement details the payment schedule from MGMC to the City of Ames. The payments will be issued according to the following schedule: 1. 40% ($1,600,000) due within 30 days after the effective date of this agreement. 2. 20% ($800,000) due by January 31, 2025. 3. 20% ($800,000) due by June 30, 2025. 4. 20% ($800,000) due immediately upon issuance of occupancy permit for the Fitch Family Aquatic Center. The agreement also allows MGMC the ability to provide aqua-therapy and other rehabilitation services at the Fitch Family Indoor Aquatic Center. Separate from the agreement, the wellness pool at the new facility will be named the Mary Greeley Medical Center Wellness Pool. ALTERNATIVES: 1. Approve the attached Memorandum of Agreement between the City of Ames and Mary Greeley Medical Center regarding the Fitch Family Indoor Aquatic Center. 2. Do not approve the attached Memorandum of Agreement between the City of Ames and Mary Greeley Medical Center regarding the Fitch Family Indoor Aquatic Center and director staff to negotiate a different payment schedule. 3. Refer back to staff with direction for changes. CITY MANAGER'S RECOMMENDED ACTION: The Fitch Family Indoor Aquatic Center would not be possible were it not for the generosity of MGMC and numerous other donors. This facility will enhance the quality of life for residents living in Ames, Story County, and central Iowa. This donation is another example of the City of Ames and MGMC working together for the betterment of the community. Therefore, it is the City Manager's recommendation to approve Alternative 1 as shown above. ATTACHMENT(S): MOU BETWEEN THE CITY OF AMES AND MARY GREELEY MEDICAL CENTER.pdf 98 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AMES, IOWA, AND MARY GREELEY MEDICAL CENTER REGARDING THE FITCH FAMILY INDOOR AQUATIC CENTER WHEREAS The City of Ames and Mary Greeley Medical Center have worked together over the years to develop concepts that will help achieve the life-long goal of making healthy living accessible and enjoyable to people of all ages and socio-economic status; and, WHEREAS the City of Ames has agreed to construct, own, and manage the Fitch Family Indoor Aquatic Center; and, WHEREAS the Fitch Family Indoor Aquatic Center will help all employers in the City of Ames area recruit and retain employees, and improve the overall health of everyone who lives within the City of Ames area; and, WHEREAS Mary Greeley Medical Center will have the ability to provide aqua-therapy and other rehabilitation services at the Fitch Family Indoor Aquatic Center; NOW Therefore, the City of Ames and Mary Greeley Medical Center agree to the following: OBLIGATIONS OF MARY GREELEY MEDICAL CENTER 1. Mary Greeley Medical Center (hereinafter “MGMC”) will pay to the City of Ames (hereinafter “City”) a total of $4,000,000 towards the construction of the Fitch Family Indoor Aquatic Center. As the City has already begun construction of the Fitch Family Indoor Aquatic Center, the $4,000,000 payment will be due and payable to the City from MGMC as follows: a. 40% ($1,600,000) due within 30 days after the effective date of this agreement. b. 20% ($800,000) due by January 31, 2025. c. 20% ($800,000) due by June 30, 2025. d. 20% ($800,000) due immediately upon issuance of occupancy permit for the Fitch Family Aquatics Center. OBLIGATIONS OF THE CITY 2. The City will construct, own, and manage the Fitch Family Aquatics Center to include a warm water wellness pool. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement will become effective on the date it has been signed by both parties and remain in effect until the final payment is made by MGMC. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 99 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed by their duly authorized representatives. CITY OF AMES, IOWA By: ___________________________ Date: ____________________________ John A. Haila, Mayor Attest by: ____________________ Renee Hall, City Clerk MARY GREELEY MEDICAL CENTER By: ___________________________ Date: ____________________________ Brian Dieter, President & CEO 100 ITEM #:18 DATE:11-12-24 DEPT:FIN SUBJECT:FINANCIAL SOFTWARE AGREEMENT WITH CENTRALSQUARE COUNCIL ACTION FORM BACKGROUND: CentralSquare Technologies, LLC is the City's software vendor for integrated financial, payroll, and utility billing. For the past two decades, the City has contracted with the vendor for software licenses and support. In July 2021, the Council approved migrating Central Square NaviLine to a Software-as-a-Service (SaaS) agreement with Central Square. This allowed the City to retire its IBM iSeries server and reduce personnel costs that supported this server. On December 5, 2021, the City completed this transition to SaaS. The original contract and renewal approved by City Council expires December 5, 2024. Staff has received a proposal for a renewal of SaaS services for Central Square software in the amount of $152,845.87. The renewal period is for a single year, December 6, 2024 to December 5, 2025. This proposed contract is an increase of $10,540.40 (7.4%) over the expiring contract amount. The operating budget for Information Technology for FY 2023/24 allocates $152,267 for Central Squares software. The $578.87 budget shortfall is expected to be covered by savings within the IT operational budget. CentralSquare Technologies, LLC is the sole provider of the Central Square NaviLine software. Transitioning to a different software provider would result in a significant cost increase. Therefore, staff is requesting that the Council waive the Purchasing Policies and Procedures requirement for competitive bids and award a contract directly to CentralSquare Technologies, LLC for this service. ALTERNATIVES: 1. Waive the requirement to solicit formal bids and award a contract to CentralSquare Technologies, LLC, a CentralSquare Company of Lake Mary, FL in the amount of $152,845.87 for CentralSquare NaviLine software. 2. Do not approve the contract and refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: CentralSquare is the sole provider for the integrated financial, payroll, and utility billing software used by the City. The City’s experience within this contract has been positive and mission-critical accounting processes continue to be completed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above. 101 To:Mayor and City Council From:City Clerk's Office Date:November 8, 2024 Subject:Contract and Bond Approval Item No. 19 MEMO There is no Council Action Form for the 2023/24 Ames Plan 2040 Sanitary Sewer Extension (S 500th Ave Country Line Road) with Rognes Corp of Ankeny, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 102 To:Mayor and City Council From:City Clerk's Office Date:November 8, 2024 Subject:Contract and Bond Approval Item No. 20 MEMO There is no Council Action Form for the 2022/23 Story County Edge of Field project with Hands On Excavating, LLC, of Radcliffe, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 103 To:Mayor and City Council From:City Clerk's Office Date:November 8, 2024 Subject:Contract and Bond Approval Item No. 21 MEMO There is no Council Action Form for the 2024/25 Traffic Signal Program with Van Maanen Electric, Inc., of Newton, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 104 ITEM #:22 DATE:11-12-24 DEPT:PW SUBJECT:2024/25 SHARED USE PATH MAINTENANCE COUNCIL ACTION FORM BACKGROUND: This project focused on sealing cracks and joints in asphalt paths which can occur due to expansion and contraction of the pavement during seasonal temperature extremes. This project also included a seal coat surface treatment on these paths following joint sealing. Locations (see attached) were determined using a condition inventory, visual inspection of paths, and input from users. Improvements enhanced safety, usability, and also improved the aesthetics of the path/trail system. On July 23, 2024, City Council awarded this project to Mid Iowa Enterprises, LLC of Story City, IA in the amount of $75,430. With no change orders, the project was completed in the amount of $75,430. There is $300,000 of Local Option Sales Tax funding allocated for this program in FY 2 0 2 4 /2 5 . With expenses for other path improvements funded through this program and the additional carryover of unspent funds, the resulting available balance is $114,704 to fund this project. Remaining funds will be utilized for other shared use path maintenance priorities. ALTERNATIVES: 1. Accept the 2024/25 Shared Use Path Maintenance Program as completed by Mid Iowa Enterprises, LLC of Story City, IA in the amount of $75,430. 2. Direct staff to make changes to the project. CITY MANAGER'S RECOMMENDED ACTION: This project has been completed within the approved budget. The project will aid in extending the lifespan of these asphalt paths and enhance the user experience by repairing joints that are not level with the rest of the path. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2024-25 SUP CAF Locations.pdf Certification Letter 2024-25 Shared Use Path Maintenance Program.pdf 105 LOCATION DESCRIPTION LENGTH (FT)WIDTH (FT) Lincoln Swing (Abraham to Beedle)* Sealcoat Only 460 8 South River Valley (E 13th to south end of Park)1450 8 North River Valley (E 13th to Carr Park Lot)2950 8 E 13th Street (North River Valley Entrance to Meadowlane Ave)850 8 George Washington Carver (North corporate limits to Valley View Road)3330 8 George Washington Carver (Valley View Road to Chilton)1000 8 George Washington Carver (Chilton to George Washington Carver <southbound>)330 8 Valley View Road (George Washington Carver to Burnham)205 8 Burnham Drive (Burnham to Chilton)1205 8 106 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org November 5, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2024/25 Shared Use Path Maintenance Program project was completed in an acceptable manner by Mid Iowa Enterprises, LLC of Story City, Iowa, in the amount of $75,340 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, John C. Joiner, P.E. Public Works Director JCJ/lbc cc: City Clerk, Finance, Contractor, Administrative Services, Project File 107 To:Mayor & City Council From:John C. Joiner, P.E. Date:November 8, 2024 Subject:ISU Research Park Phase 3, 5th Addition - Ag Innovation Item No. 23 MEMO Please see attached documentation for a complete release of financial security on file with the City. ATTACHMENT(S): Ag Innovation Center Site Plan - Final.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 108 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160 Fax 515-239-5404 November 4, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Ag Innovation Center Financial Security Reduction - Final Mayor and Council Members: I hereby certify that the portion of the Watermain, portion of the Sanitary Sewer, Sidewalk, 4”, COSESCO, and all public improvements required as a condition for approval of the final plat of Ag Innovation Center have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this development be reduced in full. Sincerely, John C. Joiner, P.E. Director JJ/HI cc:Finance, Planning & Housing, Subdivision file 109 To:Mayor & City Council From:Mindy Bryngleson, P.E. Municipal Engineer Date:November 8, 2024 Subject:Financial Security Reduction for 619 Burnett Fareway Site Plan Item No. 24 MEMO Please see the attached report concerning the completion of three years of the four-year Stormwater Management Maintenance requirements at 619 Burnett, Fareway Site Plan, and recommending reducing the financial security on file to $2,755 ATTACHMENT(S): 619 Burnett Fareway Site Plan Financial Security Reduction #2.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 110 111 ITEM #:25 DATE:11-12-24 DEPT:P&R SUBJECT:CHANGER ORDER #2 FOR TERRACON CONSULTANTS, INC. FOR BUILDING ENVELOPE EVALUATION AND INSPECTION SERVICES FOR THE FITCH FAMILY INDOOR AQUATIC CENTER COUNCIL ACTION FORM BACKGROUND: Construction of the Fitch Family Indoor Aquatic Center (FFIAC) began in spring 2024, with the estimated project completion occurring in late fall 2025. In terms of building performance, natatoriums are one of the most challenging building types to design, construct, and maintain due to the corrosive nature of the chlorinated environment, as well as the high temperature and relative humidity requirements. Due the nature this environment, it is imperative that the interaction of the mechanical system and the building enclosure functions efficiently and effectively to prevent potential failures in the future. At its October 8, 2024, meeting, City Council approved awarding a contract to SystemWorks of West Des Moines, Iowa to perform systems commissioning during construction. The systems to be commissioned include natatorium space systems, locker and lobby areas to control pressure/airflow balancing between space types, heat pump chiller, air handling unit condensing unit, heating, ventilating and air conditioning systems including fan coil units, energy recovery unit and pool air handling unit, heat recovery chillers, and heating water system. The final piece to ensure the building enclosure is functioning as intended is to contract with a company to conduct building enclosure evaluation and inspection services. Building enclosure evaluation and inspection work to be performed under this contract includes, but is not limited to: Become thoroughly acquainted with the plans and specifications for all above and below grade exterior Building Envelope (BE) elements, including, but not limited to, foundations and slabs, walls, doors, window/exterior wall glazing systems, sealants, vapor barriers, vapor retarders, roof and wall penetrations, pool basins, and roofing systems. Review all BE shop drawings and provide a written report of issues, concerns or situations that the BE Consultant (BEC) has. If issues or concerns are discovered, provide recommendations for remedy in the written report and actively work with the project team to develop solutions. After each day’s inspection or inspections, the following shall occur: BEC shall provide written report with photos to Story Construction. BEC shall identify in writing and review in-person with Story Construction and the Bid Package Contractors regarding any non-compliant installation. Story Construction will notify BEC when non-compliant work has been corrected, in their opinion. BEC shall re-inspect the previous non-compliant work, in a timeframe as designated by Story Construction, to ascertain if it is compliant with the plans, specifications, approved shop drawings, and other supporting documentation (such as, but not limited to, 112 manufacturers written installation instructions). BEC shall attend Preinstallation Meetings on site for each envelope system, assembly, and component (identified below.) Participation includes being prepared, offering feedback, providing input and recommendations as necessary. Inspections to be Provided: Slab-on-Grade Full inspection of vapor barrier installations Above Grade Wall Assemblies Full inspection of each assembly, including air barrier and joint sealants prior to covering with architectural finishes. Roofing Systems Inspect and verify that all roof assembly and components (such as vapor barrier, adhesives, insulation, EPDM) are fully and continuously installed. Verify all penetrations in roof assembly are being fully sealed on both the interior and exterior. Watertight flashing installation. BEC on site for first full day of installation and partial daily inspections through entire installation. Wall Openings and Penetrations Inspect and verify of all piping, ductwork, and electrical conduit penetrations are properly sealed. Inspect and verify curtain wall framing and glazing installations, including proper sealant installation as required by window wall system manufacturers written and shop drawing instructions and best trade practices. BEC to be on site for first three (3) full days of curtain wall installation. Additionally, include five (5) periodic visits thereafter for curtain wall installation. The anticipated delivery to start November 25, 2024. Precast Panel Joint Sealant Inspect all interior and exterior sealant installations. BEC to be on site for first full day of joint sealant installation. Additionally, include four (4) periodic visits thereafter Swimming Pools Full inspection of vapor barrier installations at slabs and walls of each pool basin. During the swimming pool preinstall meeting, discuss all penetrations with all affected contractors that could compromise the vapor barrier installation. BEC to be on site for periodic inspections of waterstop installations and piping penetrations for a total of twelve (12) visits. Showers Full inspection of showers for waterproofing integrity and compatibility assurance. BEC to be on site as the work begins and include two (2) periodic visits thereafter. Final Inspection Provide written report and sign off on all areas of required inspection outlined above certifying that all inspected systems have been installed according to the plans, specifications, approved shop drawings, and other supporting documentation (manufacturers written installation instruction included with shop drawings or product shipped to the site, trade standards). Currently, Terracon Consultants, Inc. and SystemWorks are under contract with the City to perform 113 material testing and commissioning, respectively, for the FFIAC. Both firms were determined to be capable of doing the Building Enclosure Evaluation and Inspection Services work. Therefore, a Request for Proposal (RFP) for that work was sent to Terracon and SystemWorks on October 29, 2024 with a due date of November 5, 2024. Proposals from both firms were received and evaluated by City staff. The RFP costs are shown in the table below: Company Cost Proposal SystemWorks, West Des Moines, Iowa $55,020 Terracon Consultants, Inc. Ames, Iowa $89,090 Staff has reviewed the proposals and believes the proposal from SystemWorks, LLC West Des Moines, IA, is incomplete as several items were not included in the scope of work. Staff contacted SystemWorks regarding the omissions and was told that SystemWorks does not perform the services omitted from the response. Additionally, SystemWorks indicated it does not have the capacity or capability to perform these services at this time. Staff finds the proposal from Terracon to be complete and acceptable. Story Construction (Project Construction Manager) concurs with staffs evaluation. The FFIAC budget for Soils, Surveys, and Testing, which includes this proposed work, is $390,000. The unencumbered balance remaining is $193,384. Story Construction will be responsible for scheduling the Building Enclosure work as needed. ALTERNATIVES: 1. Approve Change Order #2 to Terracon Consultants, Inc., Ames, Iowa for Building Enclosure Evaluation and Inspection Services for the Fitch Family Indoor Aquatic Center Project in the amount not-to-exceed $89,090. 2. Do not award a contract to either company and refer back to staff with direction to solicit other proposals for this work. CITY MANAGER'S RECOMMENDED ACTION: Building enclosure services are an important component of the construction process. Of the two firms submitting proposals, Terracon Consultants, Inc. was deemed acceptable, while SystemWorks, LLC was not. Terracon is already under contract for materials testing services and has been contracted for many other City of Ames projects. Staff contacted Story Construction for feedback regarding the proposals and Story Construction confirmed that Terracon's proposal includes the scope of work desired by the City. Although Terracon's proposal comes with a higher cost, it is imperative that the selected firm is capable of performing all services described in the RFP. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as shown above. 114 ITEM #:26 DATE:11-12-24 DEPT:ADMIN SUBJECT:AGREEMENTS WITH ISU EXTENSION AND OUTREACH RELATED TO HOMELESSNESS COUNCIL ACTION FORM BACKGROUND: O n August 12, 2024, City Council approved authorizing staff to enter into an agreement with a consultant for up to $12,000 to provide assistance with hosting community conversations around homelessness using unallocated ASSET funding. In August 2024, Story County Board of Supervisors also approved $12,000 to fund this effort. On October 31, 2024, the City, on behalf of the Analysis on Social Services Evaluation Team (ASSET), iss u e d Request for Proposal #2025-071 Community Conversations around Homelessness & Homelessness Prevention (RFP) that will culminate in a county- wide action plan to address homelessness. The RFP will close on November 26, 2024. ASSET anticipates hiring a consultant through the RFP process in late December, and the final county-wide action plan is anticipated by April 30, 2025. Rather than wait until January 2025 to begin community conversations around homelessness, there are some interim steps that can be taken now. Therefore, City staff is proposing to enter into two agreements with Iowa State University Extension and Outreach (ISU Extension and Outreach) to provide assistance with: Agreement #1: Developing an asset map of current services being provided to individuals experiencing homelessness, a list of identified gap services, and recommendations regarding how to enhance interagency collaborations; and, Agreement #2: Conducting direct outreach to individuals currently experiencing homelessness that will result in a report that captures the experiences of engaged participants. The goal is to connect with 15 participants. These two agreements with ISU Extension and Outreach are not duplicative of what is being requested in the RFP. The outcomes will be provided to the selected RFP consultant as a source of information to be considered. Furthermore, the outcomes complement the longer-term goal of the RFP to develop a county-wide action plan. The total cost of the two agreements is $7,500, with each agreement set at $3,750. To further support outreach engagements with individuals experiencing homelessness in the short term, staff is requesting an additional $500 to be able to purchase items for an appreciation bag that will be given to participants. Altogether, staff is requesting that $8,000 of Council Contingency funding be made available. The current unallocated balance in the Council Contingency is $139,535. 115 ALTERNATIVES: 1. Approve the two agreements with ISU Extension and Outreach for up to $7,500 and an additional $500 for outreach engagement supplies from Council Contingency Fund. 2. Deny the two agreements with ISU Extension and Outreach and the $8,000 total funding request. CITY MANAGER'S RECOMMENDED ACTION: Approving the contracts with ISU Extension and Outreach will allow the City to ramp up and move in a timely manner to engage service providers and individuals experiencing homelessness in finding community solutions to the homelessness situation in Ames. This work will feed into the goal of the RFP to develop a county-wide action plan to address homelessness. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1 above. ATTACHMENT(S): ISUCED Service Provider Asset Mapping Agreement.pdf ISUCED Outreach Agreement.pdf 116 CED PROGRAM FEE AGREEMENT 03/2021 1 This Agreement is entered into by Iowa State University of Science and Technology, on behalf of its Extension and Outreach Di vision, Ames, Iowa 50011 (“ISU”), and The City of Ames (“Customer”). The effective date of this Agreement shall be the date on which the last party signs this Agreement. Attachment A is incorporated into this Agreement by reference. 1. Scope and Performance of Program ISU shall perform the program(s) described in Attachment A (“Program”). Unless stated otherwise in this Agreement, ISU shall provide personnel and materials required for the Program to be completed. ISU shall use reasonable efforts to perform the Program requested within the projected costs and time period indicated in this Agreement. In the event ISU’s costs exceed the projected price or in the event Program cannot be performed within the time desired, ISU will notify Customer as soon as reasonably poss ible. Customer shall have the option of terminating this Agreement or continuing the Program for an additional cost or, if feasible, an extension of ti me. 2. Date, Location and Time of Event See Attachment A. 3. Contact Information Contact for ISU shall be Himar Hernández, 641-799-6681, himarh@iastate.edu. Contact information for Customer is provided in Attachment A. 4. Payment Terms In consideration of the Program, Customer shall pay ISU up to $3,750 as set forth in schedule outlined in Attachment A. In the event that Customer cancels for any reason, except for extraordinary causes beyond the reasonable control of Customer, Customer shall re main obligated for the full amount set forth in this paragraph unless notified by ISU. ISU shall issue an invoice or invoices to Customer, and the Customer shall pay such invoices within thirty (30) days of recei pt. Checks should be made payable to Iowa State University of Science and Technology. Customer shall submit the payments to ISU at the following address: ISU Treasurer’s Office 1220 Beardshear Hall 515 Morrill Rd Iowa State University Ames, Iowa 50011-2103 If payment is not received from Customer when due, ISU may terminate this Agreement. In addition, the full account balance m ay be accelerated. To the extent permitted by law, ISU may also impose a late payment charge computed at a periodic monthly rate o f 1% per month on the balance or an annual percentage rate of 12% when computed from the billing date. The unpaid account may be referred for collection, and Customer shall pay all collection costs and reasonable attorney’s fees if ISU must take action to recover any past due amounts. ISU reserves the right under Iowa Code §421.17(27) to offset State of Iowa tax refunds, lottery winnings o r vendor payments. 5. Obligations of Customer If Customer is to furnish facilities, equipment, or materials to be used in performing Program, they are identified in Attach ment A. 6. Ownership of Materials and Presentations The Program and all related materials provided by ISU shall remain the property of ISU. Customer is provided a license to us e the material in connection with the Program, but Customer may not copy or distribute the material without the express written con sent of ISU. ISU further owns all rights to the Program and related materials. The Program shall not be recorded or taped in any form wit hout the express written consent of ISU. 7. Disclaimer ISU makes no claims of any kind with respect to the Program and shall not be liable for Customer’s reliance on any statements or demonstrations made during the Program. ISU’s maximum obligation to Customer for cause of action arising under this Agreemen t, including failure to perform, shall not exceed the amount actually paid to ISU by Customer under Article 4. 8. Publicity and Use of Name Program Fee Agreement 117 CED PROGRAM FEE AGREEMENT 03/2021 2 Neither party shall use the name of the other party, nor the name of any member of the project staff in any publicity or adve rtisement, whether with respect to this Agreement or any other related matter, without the prior written approval of an authorized representative of the other party. 9. Assignment This Agreement may not be assigned or transferred by either party without the prior written consent of the other party. 10. Complete Agreement/Governing Law This Agreement including any attached exhibits, represents the complete agreement of the parties. No amendments to this Agre ement shall be binding upon ISU unless signed by ISU. This Agreement cancels, supersedes and revokes all prior negotiations, representations and agreements between the parties, whether oral or written relating to the subject matter of this Agreement. The terms and conditions of any purchase order or similar document submitted by Customer in connection with the services provided under this Agreement shall not be binding upon ISU. This agreement shall be governed by the laws of Iowa and any action to enforce this Agreement shall be brought only in Story County, Iowa. 11. Counterparts; Authorization This Agreement may be executed in any number of counterparts and delivered by electronic transmission in PDF format. Each par ty represents and warrants that the person executing this Agreement on its behalf is authorized to do so. 12. Assurance of Nondiscrimination In compliance with the Civil Rights Act of 1964 and subsequent rules and regulations, Iowa State University Extension and Outreach must have written evidence that it does not conduct programs for, nor cooperate in conducting programs with, any public or pr ivate agency, organization, or group that discriminates on the basis of race, color, or national origin in its membership requirements, or in any services offered. Iowa State University Extension and Outreach must also have evidence that it does not conduct programs for, nor cooperate in conducting programs with, any public or private agency, organization, or group that discriminates on the basis of physical or mental disability in compliance with Section 504 of the 1973 Rehabilitation Act. Furthermore, it is inconsistent with Title IX of the 1972 Education Amendments for Iowa State University Extension and Outrea ch to provide significant assistance to any public or private agency, organization, or group that discriminates in its membership r equirements or in any services offered on the basis of sex. For the full non-discrimination statement or accommodation inquiries, go to www.extension.iastate.edu/diversity/2020. By signing below, I also certify that the City of Ames has a policy and/or practice of non-discrimination in its membership or in any services offered because of race, color, national origin, handicap, or sex. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY Signed: _________________________________________ Printed Name: ____________________________________ Title: ____________________________________________ Date: ____________________________________________ ISU FEIN: 42-6004224 The City of Ames Signed: __________________________________________ Printed Name: Pa Vang Goldbeck Title: Assistant City Manager Date: October 29, 2024 IRS FEIN: 42-6004218 118 CED PROGRAM FEE AGREEMENT 03/2021 3 Attachment A CUSTOMER INFORMATION: Legal Name: The City of Ames Contact Person Name & Title: Pa Vang Goldbeck, Assistant City Manager Mailing Address: 515 Clark Ave, Ames, IA 50010 Phone: (515) 239-5202 Email: Pa.Goldbeck@cityofames.org PROGRAM DETAILS: Description of Program to be performed by ISU: Asset Mapping Design with Story County Homelessness service providers, work with the service providers to develop an asset map of services provided to people experiencing homelessness in Story County and services to prevent homelessness; a list of identify gap services; and recommendations on how to improve interagency collaborations. Description of Results and Deliverables to be provided by ISU (if applicable): Facilitation of Asset Mapping session, list of identified gap services, and recommendations on how to enhance interagency collaborations. Time Period for Performing Services: Beginning November 1, 2024 – January 30, 2025 Identify any accommodations, equipment, or materials to be provided by Customer: Food and refreshments. Other Customer Materials: Summary of Phases Timeframe Cost I. Design Early November $500 II. Recruitment of Participants Early November $500 III. Asset Mapping Sessions Late November/Early December $750 (per session, up to 3 sessions) IV. Post Session Materials (asset map, list of identified gap services, recommendations on enhancing interagency collaboration) January $ 500 Up to $3,750 FEE AND PAYMENT SCHEDULE: Fees: Up to $3,750 Payment Schedule: Phase I and II ($1,000) to be paid upfront. Phase III to be paid ($750) per session as scheduled. Phase IV to be paid (500) once the final post-session materials are completed. Customer’s Address for Receipt of Invoices: Pa Vang Goldbeck City of Ames 515 Clark Ave. Ames, IA 50010 119 CED PROGRAM FEE AGREEMENT 03/2021 1 This Agreement is entered into by Iowa State University of Science and Technology, on behalf of its Extension and Outreach Di vision, Ames, Iowa 50011 (“ISU”), and the City of Ames, Iowa and with offices at 515 Clark Avenue, Ames, Iowa, 50010 (“Customer”). The effective date of this Agreement shall be the date on which the last party signs this Agreement. Attachment A is incorporate d into this Agreement by reference. 1. Scope and Performance of Program ISU shall perform the program(s) described in Attachment A (“Program”). Unless stated otherwise in this Agreement, ISU shall provide personnel and materials required for the Program to be completed. ISU shall use reasonable efforts to perform the Program requested within the projected costs and time period indicated in this Agreement. In the event ISU’s costs exceed the projected price or in the event Program cannot be performed within the time desired, ISU will notify Customer as soon as reasonably poss ible. Customer shall have the option of terminating this Agreement or continuing the Program for an additional cost or, if feasible, an extension of ti me. 2. Date, Location and Time of Event Date: Date of contract signature through December 31, 2024 Location: Various locations throughout Ames Time: Five work days/evenings at times and locations conducive to interviewing homeless adults 3. Contact Information Contact for ISU shall be Abbie Gaffey, Community Development Field Specialist, (712) 539 -1169; agaffey@iastate.edu. Contact information for Customer is provided in Attachment A. 4. Payment Terms In consideration of the Program, Customer shall pay ISU $3,750.00 as set forth in Attachment A. In the event that Customer cancels for any reason, except for extraordinary causes beyond the reasonable control of Customer, Customer shall remain obligated for th e full amount set forth in this paragraph unless notified by ISU. ISU shall issue an invoice or invoices to Customer, and the Customer shall pay such invoices within thirty (30) days of recei pt. Checks should be made payable to Iowa State University of Science and Technology. Customer shall submit the payments to ISU at the following address: ISU Treasurer’s Office 1220 Beardshear Hall 515 Morrill Rd Iowa State University Ames, Iowa 50011-2103 If payment is not received from Customer when due, ISU may terminate this Agreement. In addition, the full account balance m ay be accelerated. To the extent permitted by law, ISU may also impose a late payment charge computed at a periodic monthly rate o f 1% per month on the balance or an annual percentage rate of 12% when computed from the billing date. The unpaid account may be referred for collection, and Customer shall pay all collection costs and reasonable attorney’s fees if ISU must take action to recover any past due amounts. ISU reserves the right under Iowa Code §421.17(27) to offset State of Iowa tax refunds, lottery winnings o r vendor payments. 5. Obligations of Customer If Customer is to furnish facilities, equipment, or materials to be used in performing Program, they are identified in Attach ment A. 6. Ownership of Materials and Presentations The Program and all related materials provided by ISU shall remain the property of ISU. Customer is provided a license to us e the material in connection with the Program, but Customer may not copy or distribute the material without the express written con sent of ISU. ISU further owns all rights to the Program and related materials. The Program shall not be recorded or taped in any form wit hout the express written consent of ISU. 7. Disclaimer ISU makes no claims of any kind with respect to the Program and shall not be liable for Customer’s reliance on any statements or demonstrations made during the Program. ISU’s maximum obligation to Customer for cause of action arising under this Agreemen t, including failure to perform, shall not exceed the amount actually paid to ISU by Customer under Article 4. Program Fee Agreement 120 CED PROGRAM FEE AGREEMENT 03/2021 2 8. Publicity and Use of Name Neither party shall use the name of the other party, nor the name of any member of the project staff in any publicity or adve rtisement, whether with respect to this Agreement or any other related matter, without the prior written approval of an authorized representative of the other party. 9. Assignment This Agreement may not be assigned or transferred by either party without the prior written consent of the other party. 10. Complete Agreement/Governing Law This Agreement including any attached exhibits, represents the complete agreement of the parties. No amendments to this Agre ement shall be binding upon ISU unless signed by ISU. This Agreement cancels, supersedes and revokes all prior negotiations, representations and agreements between the parties, whether oral or written relating to the subject matter of this Agreement. The terms and conditions of any purchase order or similar document submitted by Customer in connection with the services provided under this Agreement shall not be binding upon ISU. This agreement shall be governed by the laws of Iowa and any action to enforce this Agreement shall be brought only in Story County, Iowa. 11. Counterparts; Authorization This Agreement may be executed in any number of counterparts and delivered by electronic transmission in PDF format. Each par ty represents and warrants that the person executing this Agreement on its behalf is authorized to do so. 12. Assurance of Nondiscrimination In compliance with the Civil Rights Act of 1964 and subsequent rules and regulations, Iowa State University Extension and Outreach must have written evidence that it does not conduct programs for, nor cooperate in conducting programs with, any public or pr ivate agency, organization, or group that discriminates on the basis of race, color, or national origin in its membership requirements, or in any services offered. Iowa State University Extension and Outreach must also have evidence that it does not conduct programs for, nor cooperate in conducting programs with, any public or private agency, organization, or group that discriminates on the basis of physical or mental disability in compliance with Section 504 of the 1973 Rehabilitation Act. Furthermore, it is inconsistent with Title IX of the 1972 Education Amendments for Iowa State University Extension and Outrea ch to provide significant assistance to any public or private agency, organization, or group that discriminates in its membership r equirements or in any services offered on the basis of sex. For the full non-discrimination statement or accommodation inquiries, go to www.extension.iastate.edu/diversity/2020. By signing below, I also certify that the City of Ames, Iowa has a policy and/or practice of non-discrimination in its membership or in any services offered because of race, color, national origin, handicap, or sex. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY Signed: _________________________________________ Printed Name: ____________________________________ Title: ____________________________________________ Date: ____________________________________________ ISU FEIN: 42-6004224 The City of Ames, Iowa Signed: __________________________________________ Printed Name: ____Pa Vang Goldbeck _________________ Title: _______Assistant City Manager __________________ Date: __________11/7/24 ____________________________ IRS FEIN: 42-6004218 121 CED PROGRAM FEE AGREEMENT 03/2021 3 Attachment A CUSTOMER INFORMATION: Legal Name: __The City of Ames, Iowa__________________________________ Contact Person Name & Title: __Pa Goldbeck, Assistant City Manager_________ Mailing Address: __515 Clark Avenue, Ames, Iowa, 50010___________________ Phone: _(515) 239-5202__ Email: _Pa.Goldbeck@cityofames.org________ PROGRAM DETAILS: Description of Program to be performed by ISU: Iowa State University Extension and Outreach Community Economic Development Field Specialist Abbie Gaffey will interview homeless adults in Ames to record their stories about how they came to be homeless; the challenges they have faced in obtaining necessary services; whether they are interested in permanent housing; and what, in their opinion, could be done to make their transition to stable housing easier and more helpful to them. Description of Results and Deliverables to be provided by ISU (if applicable): Interviews will be recorded and transcribed. Recordings and transcriptions will be delivered to the City of Ames. Time Period for Performing Services (date, time, location): Interviews will be conducted at various sites throughout Ames the weeks of November 11, December 2, and December 9 with transcriptions and recordings completed and delivered by December 31, 2024. Identify any accommodations, equipment, or materials to be provided by Customer: The following sites have been identified by the City of Ames as potential interview sites: the Ames Public Library, the Elk’s Club, the History Museum, near 1st United Methodist Church, Bandshell Park, Food at First, and the Bridge Home. Where possible, Julie Saxon from the Ames Police Department should accompany the interviewer. Other Customer Materials: FEE AND PAYMENT SCHEDULE: Fees: $3,750 (5 work days at $750 per day). The goal will be 15 interviews with adults experiencing homelessness in Ames. Payment Schedule: Invoice will be sent December 1, 2024 with payment due December 20, 2024. Customer’s Address for Receipt of Invoices: 515 Clark Avenue, Ames, Iowa, 50010. 122 ITEM #:27 DATE:11-12-24 DEPT:CMO SUBJECT:REQUEST FOR TAX ABATEMENT INCENTIVE FOR FURNITURE STORE CONSTRUCTION NORTH OF S.E. 5TH STREET BETWEEN TARGET AND WALMART COUNCIL ACTION FORM BACKGROUND: At the October 22, 2024 meeting, the City Council directed that the letter from Troy Eichmann, Chief Operating Officer for Furniture Mart USA, requesting a five-year property tax abatement incentive be placed on a future agenda for consideration. Mr. Eichmann has indicated to City staff it is his company's desire to construct a new furniture store building located on the north side of S.E. 5th Street between Target and Walmart that would house two brands: Ashley HomeStore and Furniture Mart. Mr. Eichmann has provided the following information about the two brands: Ashley Furniture Mart USA is the sole licensee of Ashley HomeStore for the entire State of Iowa. This brand provides contemporary looks of good quality and high value to customers. The HomeStore offers exclusive products that can only be found in their stores and as a result provides customers with a special customer opportunity. Furniture Mart Furniture Mart is a proprietary retail brand with brick-and-mortar locations in four Midwest states, including South Dakota, North Dakota, Minnesota, and Iowa. This brand offers custom special orders as well as other non-Ashley related products that are sourced throughout the world from a large list of manufacturers. This brand caters to the special order customer who wants a specific look for their home by way of furniture frame (i.e., look), fabric, or other special features. As described to staff, the proposed 91,000 square foot building will consist of an Ashley Homestore, Furniture Mart (which includes La-Z-Boy, Flexsteel, Holland House, and Aspen House furniture), a shared bedding gallery, and warehouse. The estimated assessed value of the new development would be $7,000,000 with estimated annual sales of $9,000,000 to $10,000,000. It appears that Mr. Eichmann’s company has performed its own market analysis and determined that Ames would be a prime site to locate one of their new stores. Evidence of their commitment to the Ames community is that they have purchased the property and, in addition, will be investing a substantial amount of funds this fall to fill the site to make it developable in the flood plain. However, Mr. Eichmann has indicated that the company is continuing to evaluate other growth opportunities throughout the country, and the granting of a partial tax abatement would serve to prioritize the Ames project over other opportunities so that construction of a new furniture store in Ames could begin as soon as spring 2025. Currently, the City has granted this type of property tax abatement based on the areas within the city in which the Council would like to see development occur (Campustown, Downtown, S.E. 123 16th Street as well as specific Highway Oriented Commercial areas), and not based on specific uses or specific name brand companies. The City's five-year schedule for tax abatement in Urban Revitalization Areas includes: a 100% tax abatement for the first year, a 80% tax abatement for the second year, a 60% abatement for the third year, a 40% abatement for the fourth year, and a 20% abatement for the fifth year. Over the years, anecdotal observations and market studies have indicated that the lack of a major furniture store in Ames has resulted in our residents having to travel to Redeker’s in Boone, to Homemakers in Urbandale, and to other such smaller stores throughout the region. Staff was provided a market analysis report from the company Claritas that describes potential sales demand and supply by a defined geography. The report identified that for Ames alone, there is approximately a $5.7 million opportunity gap for furniture store sales, meaning potential demand that exceeds available supply within the Ames City boundaries. If the trade area is expanded to a 20-minute travel distance, including locations such as Nevada, Huxley, and Gilbert, the opportunity gap increases to $13.1 million dollars. Because of the lack of a major furniture store in Ames, the Council could justify, in this one instance, to offer a partial property tax abatement incentive targeted to this specific use in an effort to mitigate the leakage of furniture sales. Urban Revitalization Area (URA) Criteria If Council believes the unique sales leakage issue justifies a short-term incentive program to try to encourage the construction of a furniture store as soon as possible, staff believes creating a short- duration URA that provides for a five-year partial property tax abatement would be appropriate. The abatement would apply to new improvements to the land, but it does not exempt the base land value. The URA would encompass the property on the north side of S.E. 5th Street consistent with state law requirements. Criteria for the abatement would include a minimum store size of 90,000 square feet, issuance of a building permit for construction of building in 2025, and completion of the building within 18 months of the issuance of the building permit. A minimum assessment agreement is also a requirement under state law for new commercial tax abatement incentives. ALTERNATIVES: 1. Support the request by directing staff to create an Urban Revitalization Area (URA) encompassing the property purchased on the north side of S.E. 5th Street, which will include a five-year partial tax abatement incentive along with eligibility criteria such as a starting the date/completion dates for construction, minimum size of the building(s), minimum taxable value of the building, etc. Once the URA is prepared, it will be brought back to the City Council at a later date for final approval. 2. Deny the request to support a tax abatement incentive with the understanding that this project might be delayed for some time. This alternative will continue the inconvenience to our residents who travel outside of Ames to purchase furniture and postpone any potential increase in local sales tax revenue to the City that might be gained. 124 CITY MANAGER'S RECOMMENDED ACTION: The approval of this request for a partial tax abatement incentive for this one new develo pment project will expedite constructing of a store at a location already acquired by the applicant. Adding this use, with its substantial sales leakage, should increase the amount of local option sales tax receipts to the City at time when additional non-property tax revenue sources are very much needed. The unique sales leakage issue justifies a short-term incentive program to try encouraging the use as soon as possible. Staff believes creating a short duration Urban Revitalization Area (URA) that provides for a 5-year partial property tax abatement would be appropriate. The abatement will apply to new improvements to the land, but it does not exempt the base land value. The URA would encompass the property on the north side of S.E. 5th Street. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. The recommendation for tax abatement is subject to the following criteria being added to the URA: 1) a minimum store size of 90,000 square feet, 2) issuance of a building permit in 2025, and 3) completion of the building within 18 months of the issuance of the building permit. It should be noted that a minimum assessment agreement is also a requirement under state law for new commercial tax abatement incentives. ATTACHMENT(S): 24196_StorefrontRenderings_20241003.pdf 2024-08-19 building plan Plan1A7 (1).pdf 125 126 127 128 129 130 131 132 133 134 135 To:Mayor and City Council From:Nolan Sagan, Sustainability Coordinator Date:November 12, 2024 Subject:FY 2024/25 Climate Action Plan Update Item No. 28 MEMO In August 2020, the City of Ames, with the help of a consultant, conducted a community- wide greenhouse gas inventory. The inventory estimated the greenhouse gas emissions associated with the activities of people who live, work, learn, visit and recreate within the City's geographic boundaries. This results, in addition to a series of public engagement sessions, were then used to help develop the City's first Climate Action Plan that was accepted by the Ames City Council on June 13, 2023. Since July 1, 2010, the City of Ames has entered annually into a contract with Iowa State University (ISU) to utilize the services of ISU's full-time Director of Sustainability. The contract covered a maximum of 480 hours annually (or no more than 25 percent of the Director of Sustainability’s time). The initial scope of services focused on the reduction of electric consumption, and as additional opportunities and needs arose through the years, the scope of services expanded and diversified to meet the City's needs. After 14 years, in June 2024, the City entered into a two-month contract with ISU to extend the partnership to help with the transition of adding a new full-time Sustainability Coordinator position to the City. The Sustainability Coordinator role has been filled since July 2024, and a primary duty of this position is to coordinate the continued implementation of the Climate Action Plan. Since the City's partnership began with ISU's full-time Director of Sustainability, an annual fiscal mid-year and year-end sustainability report has been provided to the Ames City Council, typically in the months of January and June. With the Sustainability Coordinator now hired, and given the amount of exciting work happening, the mid-year update is being provided sooner than January. Following the acceptance of the Climate Action Plan, on January 9, 2024, staff issued a report outlining seven initial action steps from the Climate Action Plan in accordance with thorough evaluation criteria. These action steps have been the Sustainability Coordinator's main focus, as well as serving as a resource for staff and the community through education and outreach activities. The presentation on November 12 will focus on the progress made to date in City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 136 relationship to the seven action steps. ATTACHMENT(S): FY 2024-25 Climate Action Plan Update.pptx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 137 FY 2024/25 Climate Action Plan Update November 12th, 2024 138 History Long history of valuing sustainability 1975 – Ames opens first innovative waste-to-energy plant 2007 - Resolution approving the U.S. Mayors Climate Protection Agreement July 1, 2010 – City begins contracting with ISU Sustainability Director for 25% time August 2020 – Communitywide Greenhouse Gas Inventory August 2020 – June 2023 – Community involvement in developing the Climate Action Plan 27 community member Supplemental Input Committee, 12 public meetings held June 2023 – City Council accepted the communitywide Climate Action Plan with the Six Big Moves January 2024 - Seven Initial Action Steps Identified July 2024 – City hired its first full-time Sustainability Coordinator 139 6 Big Moves 31 Strategies Climate Action Plan 140 SEVEN INITIAL ACTION STEPS Eight evaluation criteria 1.Cost 2.Administrative effort needed 3.Feasibility of achievement 4.Legal feasibility 5.Available funding sources 6.Impact on property taxes and utility rates 7.Impact on inclusion 8.Cost compared to the tonnage of carbon reduced Using the eight evaluation criteria, the City of Ames identified seven priority areas to focus resources on to reduce community carbon emissions 141 1. Increase Renewable Generation •Progress – Ames Municipal Electric System (AMES) •2010 – 30 MW wind power purchase agreement (through 2030) •Enough to power almost 10,000 homes each year •2016 –Transitioned AMES away from coal resulting in 40% emission reduction •Comparisons - coal and renewable generation 2023 Generation Mix 2023 AMES Iowa National % Renewable 16%60%16% % Coal 0%24%16% 142 •SunSmart – 2 MW, 10 acre community solar farm •~75% of Power Packs sold •Cityofames.org/solar 143 1. Increase Renewable Generation Looking ahead •Comprehensive planning – cost and reliability, technical considerations •Linked to Resource Recovery •Competitive environment for utility-scale renewable projects •Promoting private solar •210 installations (AMES) •11 commercial •SolSmart Silver certification in 2017, considering pursuing gold •Solar on municipal buildings •Fitch Aquatic Center •Steven L. Schainker Plaza 0 20 40 60 80 100 120 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 YTD Number of Arrays Installed Generating Capacity (kW) Private Solar Cumulative Generating Capacity Number of Arrays Installed 144 2. Reduce Waste Emissions •Progress •Resource Recovery - 50th anniversary next year •Rummage Rampage – 433 tons diverted and $285,000 raised over 8 years •Drop-off recycling •2024 to date – 100+ tons of new recycling •Looking ahead •Seeking landfill partner •Continue to expand recycling •Education & outreach •Recyclopedia map – partnership with ISU •National Picture •Average diversion rate – 32% •~75% of waste is recyclable/compostable 43%, Landfilled 54%, RDF 71%, Metals 13%, Glass 3%, Rummage Rampage 2%, Organics 11%, Aspen & WM Recycled 100% 2023 Ames Solid Waste & Recycling 145 3. Net Zero Ready New Construction •Progress •Smart Energy Rebates - 9 net zero ready new homes this year •Enhanced tax abatement program for new construction single-family homes •Looking ahead •Pilot project, in partnership with builder 146 4. Building Retrofits •Progress •Smart Energy rebates for Electric customers •Looking ahead •Exploring different financial incentive structures and funding sources •EPA Community Change Grant Opportunity •Education on home efficiency upgrades 0 10 20 30 40 50 60 70 80 Heat Pumps Incentivized Smart Energy Rebates 2023 2024 YTD 147 Heat Pumps Open House •Education and outreach event •Learn about Smart Energy rebates and federal incentives •City staff, contractors, and homeowners available to answer questions 148 5. Municipal Building Retrofits •Progress •Clean Energy to Communities (C2C) – Department of Energy peer-learning cohort •Facility energy audits project – RFP currently out •Engineering analysis of buildings and energy systems •Recommend comprehensive set of specific, cost-effective energy conservation measures •Benchmarking energy and water usage of each municipal building •Looking ahead •Use energy audits to prioritize retrofit projects (Spring 2025) •Solar at municipal facilities •Evaluate net-zero ready for all new municipal buildings 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Dec-23 Mar-24 MMBtu City Hall Energy Usage Electric - Grid (kBtu) Natural Gas (kBtu) 149 Progress 6 EVs, 4 on order 2 sedans, 2 SUVs, and 6 pickups 14 hybrids B100 program – 11 snowplow trucks, seasonal use in construction equipment Looking ahead Continue to assess the viability of purchasing an EV when vehicles are due for replacement - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 2018 2019 2020 2021 2022 2023 Gallons Municipal Fleet Fuel Use B100 Diesel Biodiesel (Seasonal) E85 Gasohol 6. Electrify the Municipal Fleet (non-CyRide) 150 Electric Vehicle Charging Progress 20 public charging ports 130 MWh delivered this year Equivalent to 468,000 EV passenger miles Looking ahead Adding additional EV charging stations to municipal buildings that don’t currently have one 6. Electrify the Municipal Fleet (non-CyRide) 151 7. Establish Mayor’s Leadership Task Force •Progress •Mayor’s Sustainable Business Luncheon – August 2024 •Recognized business accomplishments in sustainability •Understand barriers businesses are facing •Identify opportunities for the City to support •Looking ahead •Outreach targeted towards large businesses •Planning additional engagements open to all businesses 152 Outreach & Communications •Engagement and events •EcoFair, Mayor’s Sustainable Business Luncheon, ISU Campus Sustainability Month •Invited to speak at: Season of Creation, ISU Planning Class, Audubon Society •Monthly internal Sustainability Team meetings •Reporting •Biannual Council updates •Cityside metrics •Dashboard 153 Looking Ahead •Electric comprehensive planning for more renewables •Expand community-wide recycling •Invest in municipal building upgrades •Energy efficiency and solar •Continue transition to EVs and expand charging network •Engage more businesses on sustainability •Update GHG Inventory – spring 2025 •Next CAP update – June 2025 154 ITEM #:29 DATE:11-12-24 DEPT:ADMIN SUBJECT:EPA ENVIRONMENTAL AND CLIMATE JUSTICE COMMUNITY CHANGE GRANT IN PARTNERSHIP WITH MID-IOWA COMMUNITY ACTION COUNCIL ACTION FORM BACKGROUND: In November 2023, the Biden-Harris administration announced the availability of approximately $2 billion in funding to support environmental efforts across the nation. The U.S. Environmental Protection Agency’s (EPA) Community Change Grant opportunities are intended to invest in environmental justice initiatives that will advance community collaborative efforts towards creating a heathier and safer future particularly for disadvantaged communities that historically have been underinvested and overburdened by pollution. With the addition of the full-time Sustainability Coordinator, staff is requesting that the City, in partnership with Mid-Iowa Community Action (MICA), apply for the Community Change Grant in the amount of $10,000,000-$15,000,000. The City will be lead applicant (responsible for overall management, performance, oversight, and reporting responsibilities under the grant) and MICA will be the community-based partner. MICA has extensive experience assisting low-to-moderate income homeowners with weatherization efforts (examples include replacing inefficient or dangerous appliances, insulating homes, installing low-flow shower heads and faucets, insulating pipes, installing efficient lightbulbs and more) to make their homes more energy efficient, safe, and comfortable. MICA also administers LIHEAP (energy assistance) to low-income families to ensure they have access to basic needs like heat and energy in times of crisis. Furthermore, MICA understands that low-income or disadvantaged families can face a variety of challenges, and, therefore, provides additional wrap-around services such as family development support services. The Community Change Grant applications are due on November 21, 2024. City staff is seeking authorization to apply for the grant. If the grant is awarded, City staff will be requesting City Council's authority to receive the grant award at a later date. At this time, staff is still working with MICA to complete the details of the proposed program. However, the following EPA climate action and pollution reduction strategies will be included: Climate Action Strategies: Strategy 1: Green Infrastructure and Nature-Based Solutions Strategy 2: Energy-Efficient, Healthy, and Resilient Housing and Buildings Strategy 3: Workforce Development Programs for Occupations that Reduce Greenhouse Gas Emissions and Air Pollutants Pollution Reduction Strategies: Strategy 1: Indoor Air Quality and Community Health Improvements Strategy 2: Clean Water Infrastructure to Reduce Pollution Exposure and Increase Overall System Resilience 155 Strategy 3: Safe Management and Disposal of Solid and Hazardous Waste In 2023, MICA served 528 LIHEAP clients, where 107 were homeowners. In 2024, MICA served 493 LIHEAP clients where 98 were homeowners. In 2023, the priority list for weatherization in Ames included 336 households in Ames, where 90 were homeowners that would qualify. As City staff and MICA continue to build out the application and proposed programs, staff will be seeking out additional partners to accomplish the strategies above. These partners may include: Iowa State University Center for Industrial Research and Service (CIRAS) and Office of Sustainability Central Iowa Local Workforce Development Board CyRide and other transportation partners Child Care Resource & Referral and other childcare partners Prairie Rivers of Iowa The grant funds must be expended within three years. In addition, the grant must primarily benefit disadvantaged communities as defined by the EPA (see attachment). ALTERNATIVES: 1. Authorize the City, in partnership with MICA, to apply for the EPA Environmental and Climate Justice Community Change Grant in the amount of $10,000,000-$15,000,000. 2. Do not authorize the City to apply for the grant. CITY MANAGER'S RECOMMENDED ACTION: If the EPA Community Change Grant is awarded, the City will be positioned to make substantial progress in implementing the Climate Action Plan, specifically in the follow Climate Action Plan Big Moves: Building Retrofits and Renewable Energy Generation. Furthermore, the grant application directly reflects the Council's goals of valuing environmental sustainability and valuing a diverse, equitable and inclusive community. This grant will specifically target assisting low-to-moderate income households as well as supporting disadvantaged communities that are underinvested in and overburdened by pollution. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Disadvantaged Ames Block Groups.pdf 156 157 ITEM #:30 DEPT:W&PC November 12, 2024 Staff Report LEAD SERVICE LINE PUBLIC NOTICE BACKGROUND: This is an informational briefing for Council. No action is required. The contaminant lead is of considerable concern to drinking water utilities because of the health impacts it can cause. Lead has been regulated under the Safe Drinking Water Act for nearly four decades. Below is a timeline of several lead-related regulations affecting drinking water: 1986. The Safe Drinking Water Act (SDWA) Lead Ban prohibited the use of lead in new plumbing and water service lines. However, it did not require the replacement of existing lead service lines that were already in service. 1991. The US Environmental Protection Agency (EPA) enacted the Lead and Copper Rule (LCR). This rule required water systems to monitor for lead in consumers' homes, and to provide treatment for corrosive water if lead was found at unacceptable levels. 2011. The Reduction of Lead in Drinking Water Act (RLDWA) became effective. It modified the 1986 regulation by significantly lowering the amount of lead that could be contained in a plumbing fixture and still be considered "lead free." 2021. Lead and Copper Rule Revision (LCRR). This rule, which was the inevitable result of the public health crisis in Flint, Michigan, made several significant modifications to the original LCR. Among other mandates, it required the following: All water systems in the nation had to complete and submit a comprehensive inventory of the materials used in every water service line in their systems no later than October 16, 2024. All water systems must provide a Public Notice to properties that are served by: a lead service line; a galvanized metal service line that is or ever has been located “downstream” of lead piping; or a service line that contains unknown materials. The language utilities must use in the Public Notice is tightly regulated. The Notice must include the following items, using specific language provided by the Iowa Department of Natural Resources: A statement indicating the material types of each service line A “health effects of lead” statement prescribed by the US EPA A list of steps consumers can take to reduce exposure to lead Information about replacing their service line Contact information for the water system 158 Systems have 30 days from the service line inventory deadline (i.e. – until November 15, 2024) to provide the Public Notice to consumers with lead service lines, galvanized service lines downstream of lead, or service lines with unknown materials. The Ames Water and Pollution Control Department submitted its inventory by the statutory deadline. The inventory found the following: 12,475 total service lines 147 lead service lines (1.2%) 97 galvanized service lines downstream of lead (0.7%) 0 unknown service lines (0%) The attached letter template will be sent to residents of the 244 properties with service lines identified as lead, galvanized, or unknown in the City's inventory. Additionally, where the property is not owner occupied, the same notice will be sent to the property owner. The letters will be placed in the mail tomorrow (November 13, 2024). Included in the letter is an offer for the City to test the drinking water from each of these 244 service lines for the presence of lead - at no cost to the owner or tenant. The LCRR requires that the same notification be sent to the property annually until the service line is no longer lead, galvanized, or unknown. When a customer signs up for service, if the property is included in the list, the same notification must be provided at the time of service initiation. Right now, every water utility in the nation is in the process of delivering similar Public Notice letters to customers meeting the requirements contained in the LCRR. The 2021 LCRR is not the end of the story. On October 8, 2024, the US EPA issued the Lead and Copper Rule Improvement (LCRI). The LCRI makes a weighty change in the obligations of water utilities. Where the 2011 LCRR only required utilities to undertake service line replacements if the lead levels exceeded an “action level” threshold, the 2024 LCRI mandates that, starting in 2027, utilities must replace 10% of the affected service lines in their system per year, with 100% of lead service lines being replaced by 2037. The 2024 LCRI does not address some very important questions. Most notably, it ignores the fact that in most water systems in the US, including Ames, the service lines are not owned by the water system; they are owned by the property owner. The LCRI does not explain how it derives the authority to require public utilities to mandate the replacement of privately owned infrastructure. Staff is currently working to develop an incentive program to encourage property owners to replace their service lines now, including a 100% cost share for properties that qualify under the Housing and Urban Development’s definition of a low- to moderate income household. It is anticipated that the framework for the program will be included in the Capital Improvements Plan presented to Council in January. STAFF COMMENTS: While no action is being requested at this time, staff wants the City Council to be aware of this lead requirement notice that will be sent out in case any member is contacted by constituent after reading the notice. 159 ATTACHMENT(S): Lead Service Line Notice Template.pdf 160 515.239.5150 main 515.239.5496 fax 1800 E. 13th Street, P.O. Box 811 Ames, IA 50010 www.CityofAmes.org/Water Water and Pollution Control Department Administration Division Date Name Address NOTICE OF WATER SERVICE LINE THAT COULD CONTAIN LEAD The City of Ames is focused on protecting the health of every household in our community. This notice contains important information about your drinking water. Please share this information with anyone who drinks and/or cooks using water at this property. In addition to people directly served at this property, this can include people in apartments, nursing homes, schools, businesses, as well as parents served by childcare at this property. You must share this information with anyone who may consume drinking water from this service line. The Ames Water Plant has determined that all or part of the water pipe (called a “service line”) that connects this property to the City’s water main may contain lead. People consuming water from this service line may have an increased risk of exposure to lead from their drinking water. What our records show for this address: The service line is composed, partially or entirely, of either: □ Lead pipes, including lead fittings and lead solder; or □ Galvanized material that is, or once was, downstream of lead pipes. Galvanized service lines that have absorbed lead can contribute to lead in drinking water. People living in homes with a galvanized service line that has absorbed lead may have an increased risk of exposure to lead from their drinking water, even if the lead pipes have been removed. Our records may not be accurate. If you think your service line material is different than our records show, please contact the Ames Water Meter Division at (515) 239-5151. We can come to your home and help determine the service line material. The United States Environmental Protection Agency www.CityofAmes.org/lead 161 (EPA) has also developed an online step-by-step guide to help people identify lead pipes in their homes called Protect Your Tap: A Quick Check for Lead. It is available at: https://www.epa.gov/ground-water-and-drinking-water/protect-your-tap-quick-check-lead If you have information that confirms your service line material, please contact the Ames Water Meter Division at (515) 239-5151 so that we may update our records. Health effects of lead Exposure to lead in drinking water can cause serious health effects in all age groups. Infants and children can have decreased IQ and attention span. Lead exposure can cause learning and behavior problems or worsen existing learning and behavior problems. Children of women who are exposed to lead before or during pregnancy can have an increased risk of these negative health effects. Adults can have increased risks of heart disease, high blood pressure, and kidney or nervous system problems. What the Ames Water Plant does to reduce lead It is important to know that there is no lead in the water leaving the Ames Water Treatment Plant. However, some plumbing materials used in homes and businesses may contain lead. To reduce the potential for lead to leach into drinking water, the Ames Water Plant maintains precise control over the water chemistry. The water in Ames is “slightly depositing,” meaning that it forms a thin layer on the inside of pipes creating a barrier between lead plumbing and drinking water. Steps you can take to reduce lead in drinking water Below are recommended actions that you may take, separately or in combination, if you are concerned about lead in your drinking water. The list includes for more information. It is not intended to be a complete list or to imply that all actions equally reduce lead in drinking water. Use a water filter. Using a filter can reduce lead in drinking water. If you use a filter, it should be certified to remove lead. Read any directions provided with the filter to learn how to properly install, maintain, and use your cartridge and when to replace it. Using the cartridge after it has expired can make it less effective at removing lead. Do not run hot water through the filter. For more information on facts and advice on home water filtration systems, visit EPA’s website at https://www.epa.gov/water-research/consumer-tool-identifying-point-use-and-pitcher-filters- certified-reduce-lead Clean your aerator. Regularly remove and clean your faucet’s screen (also known as an aerator). Sediment, debris, and lead particles can collect in your aerator. If lead particles are caught in the aerator, lead can get into your water. Use cold water. Do not use hot water from the tap for drinking, cooking, or making baby formula as lead dissolves more easily into hot water. Boiling water does not remove lead from water. Run your water before using. The more time water has been sitting in pipes providing water to your home, the more lead it may contain. Before drinking, flush your home’s pipes by running 162 the tap, taking a shower, doing laundry, or doing a load of dishes. The amount of time to run the water will depend on whether your home has a lead service line or not, as well as the length and diameter of the service line and the amount of plumbing in your home. For smaller homes on small lots, 30 seconds is a good estimate; for larger homes, a longer flushing period may be needed. Have your water tested. Contact us at the Ames Water Plant (contact information is shown at the end of this letter) to have your water tested (at no cost to you) and to learn more about the lead levels in your drinking water. Alternatively, you may contact a certified laboratory to have your water tested for lead. Note, a water sample may not adequately capture or represent all sources of lead that may be present in a home or business. For information on sources of lead that include service lines and interior plumbing, please visit https://www.epa.gov/ground-water-and-drinking-water/basic-information-about-lead- drinking-water#getinto. Learn about construction in your neighborhood. Contact the Ames Public Works Department at (515) 239-5160 to find out about any construction or maintenance work that could disturb your service line. Construction may cause more lead to be released from a lead service line or galvanized service line if present. You can view an online map of current and planned construction projects at https://www.cityofames.org/government/departments-divisions-i-z/public- works/construction-updates-faqs Replace your service line. The surest way to eliminate lead in your drinking water is to remove the source of lead. Just like the plumbing fixtures inside the home, the service line is owned by, and it the responsibility of, the property owner. It is not a part of the City’s water utility. The typical cost to replace a service line is between $10,000 and $15,000, depending on how long your service line is, which side of the street the water main is located, and other buried infrastructure that could make the work more complex. If you are planning to replace your service line, your plumber will need to contact the City to obtain a plumbing permit. While the City currently does not have any cost share options, you should contact the Ames Water Plant before hiring a plumber, as cost share options may become available in the future. We realize this is a lot of information, and we are available to help you understand your property’s unique situation. Please reach out to the staff listed on the following page; they will be happy to answer your questions. John R. Dunn, PE, MBA Director Ames Water and Pollution Control 163 RESOURCES FOR ADDITIONAL INFORMATION For questions about how we determined your service line material: Shawn Cole, Cross-connection Control Coordinator 300 E 5th Street (515) 239-5151 shawn.cole@cityofames.org For general lead questions: Calvin Forte, Superintendent 1800 E 13th Street (515) 239-5150 calvin.forte@cityofames.org To arrange to have your water tested for lead: Maureen Moroney, Laboratory Supervisor 300 E 5th Street (515) 239-5151 maureen.moroney@cityofames.org For a listing of all service lines in Ames with the material that the City believes the service line to be comprised of, visit: www.cityofames.org/lead For more information on reducing lead exposure from your drinking water and the health effects of lead, visit EPA’s website at http://www.epa.gov/lead Contact the State of Iowa Department of Public Health, the Story County Public Health Department, or your physician if you have concerns about health effects caused by lead. https://hhs.iowa.gov/epi-manual-guide-surveillance-investigation-and- reporting/environmental-disease/lead-poisoning https://www.storycountyiowa.gov/1388/Public-Health 164 ITEM #:31 DATE:11-12-24 DEPT:P&H SUBJECT:MODIFY PUBLIC HEARING REQUIREMENTS FOR PLAN APPROVALS UNDER THE ZONING ORDINANCE COUNCIL ACTION FORM BACKGROUND: In 2022, the City updated its notification requirements for various Planning applications. At that time, a requirement was added for newspaper publication of notices for certain applications, such as Major Site Development Plans, where our City code mandated public hearings. Iowa Code section 362.3 requires notice by publication when a "public hearing" is required by the city code. Upon further consideration of this requirement, staff believes it is not necessary to categorize all approvals as public hearings, and, therefore, publication in a newspaper is not necessary in these instances. Additionally, Planning and Zoning Commission items are only recommendations are not "approvals". As such, they do not need to be classified as public hearings unless required by Iowa Code. The proposed changes will no longer require the City to publish a hearing notice for Comprehensive Plan Amendment recommendations and Site Development Plan reviews of the P&Z and the City Council, since they are not required by state law. Instead of the newspaper publication requirement, the notification process will include a mailed notice to property owners within 200 feet of the site for Comprehensive Plan Amendments and Site Development Plans as well as a posted notice on the site for Site Development Plans. It should be noted that the City's Resident Satisfaction Survey indicates that residents increasingly prefer other methods of communication than newspapers to learn about City projects. The proposed notification process aligns with other cities in Iowa that do not notice or provide a limited courtesy notice, other than what is required by state law. ALTERNATIVES: 1. Direct staff to prepare a text amendment to remove public hearing requirements for application approvals that do not require public hearings under the Code of Iowa. 2. Decline to proceed with changes to the notification requirements. CITY MANAGER'S RECOMMENDED ACTION: Eliminating the publication of newspaper notices for actions where the Code of Iowa does not require such publication will result in a cost savings for the City. Staff does not believe the elimination of newspaper notifications in instances where the law does not require them will adversely affect the public's ability to learn about projects and participate in decision-making. The proposed direct mailed and posted notification to adjacent affected parties will provide the best notification for individual sites. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. 165 ITEM #:32 DATE:11-12-24 DEPT:P&H SUBJECT:APPROVAL OF TWO PLAT OF SURVEYS FOR 6210 EAST LINCOLN WAY & SECTION: 09 TOWNSHIP: 83 RANGE: 23 SE NE ALONG 590TH AVENUE IN RURAL STORY COUNTY RESPECTIVELY COUNCIL ACTION FORM BACKGROUND: Property owners Randy Brekke and Dale & Bonnie Knutson are requesting approval of a Plat of Survey located at 6210 East Lincoln Way (Brekke) and 6196 East Lincoln Way (Knutson) (See Attachment A- Location Map). The Brekke property at 6210 East Lincoln Way is located within the Ames City limits. The Knutson property at 6196 East Lincoln Way is located in rural Story County. There are separate Plat of Surveys for each property, but they are considered together in one report because the property owners intend to exchange property upon approval of the Plat of Surveys. The applicants did not propose a boundary line adjustment because the properties would be bisected by the city limits and no annexation was desired for the exchange. The applicants propose creating three new parcels, a non-surveyed remainder area, plus a right-of-way tract for conveyance of the East Lincoln Way right-of-way inside the City of Ames (See Attachment B). Proposed Parcels K and H are being created inside the City and proposed Parcel J with its remainder area is outside of the City in rural Story County. Parcel J will not have frontage on a public street. All of the proposed parcels are used for agriculture and the two new parcels are proposed to be restricted to agricultural use with no development potential, including construction of a house. Normally, the creation of new parcels is classified as a Subdivision in Chapter 23 of the Ames Subdivision Code. However, the City Council can approve a Plat of Survey in lieu of a Subdivision within a rural area and within the City when there are no public improvements and a waiver of the process of a minor subdivision is approved as permitted by Chapter 23. The owners are requesting a waiver of the determination of a Subdivision and instead are requesting a Plat of Survey with a no-build restriction on all parcels until future platting process through a Subdivision would create additional buildable lots. The new parcel in Story County can be approved by Plat of Survey on its own with the no-build restriction. The owners have no plans to further subdivide this land at this time. The boundary line adjustment reflects a planned real estate transaction in property between parcels H and J which conveys ownership of the parcels to the appropriate property owner. The change in ownership is being done to correct a previous understanding of where the boundary between both properties exists in relation to a drainage channel that bisects each of their properties. Each owner thought they owned land on their side of the channel, when in fact that was not the case. The waiver request covers two areas of the Subdivision waiver standards. Section 23.103(1) allows City Council to waive the infrastructure installation standards in the Subdivision Ordinance when it can be shown that strict compliance with the requirements of the Regulations would result in extraordinary hardship to the Applicant or would prove inconsistent with the purpose of the Regulations because of unusual topography or other conditions. In this case the no-build restriction as a rural condition ensures that the new parcels remain unbuilt and agricultural in nature and that infrastructure 166 extension and other development standards are unnecessary to correct the property ownership situation. With the no-build and the agricultural nature of the surrounding area, no infrastructure installation is necessary in the foreseeable future. Additionally, since East Lincoln Way right-of-way is being dedicated to the City, the dedication will adequately address any future street improvements if needed. The City has already installed water and sewer along East Lincoln Way. Secondly, Section 23.103(2) allows Council to grant a waiver of the Minor Subdivision and accept a Plat of Survey when all substantive requirements and standards of the regulations are already me, and there is a clear and accurate description of the land. In this case the parcels are being clearly described and are being kept for agricultural use with no development activity. ALTERNATIVES: 1. Approve the request to waive Ames Municipal Code Chapter 23 Subdivision and Development Standards for the two properties and approve: a. Resolution approving a Plat of Survey for 6210 East Lincoln Way and acceptance of dedication of the Lincoln Way right-of-way b. Resolution approving a Plat of Survey for 09 Township: 83 Range: 23 SE NE along 590th Avenue 2. Deny the request for a Plat of Survey and associated waiver requests based on a finding that the proposal does not meet City Subdivision Standards of Chapter 23. 3. Defer action on the item and request more information from staff or the applicant. CITY MANAGER'S RECOMMENDED ACTION: The request for a Plat of Survey in lieu of a Minor Subdivision Final Plat at 6196 & 6210 East Lincoln Way and requested waiver of infrastructure improvements can be supported by staff to address the unique issues related to the drainage channel bisecting their properties. Although a rural division for property abutting the City is expected to annex, in this case approving a plat of survey for a sliver of land as a continuing agriculture use with a no build restriction can be found to not conflict with Ames Plan 2040 polices and correct a property ownership question. Additionally, right-of-way is being conveyed to the City according to City standards within the City of Ames. Therefore, it is the recommendation of the City Manager that City Council approve Alternative #1. ATTACHMENT(S): Attachment A- Location Map of Properties.pdf Attachment B- Plat of Survey- Brekke Attachment C-Applicable Standards.pdf Attachment B- Plat of Survey- Knutson 167 E LINCOLN WAY POTTER AVE 590TH AVE LINC OLN HIGHWAY Plat of Survey Properties Location´ Plat of Su rvey Properties (Shade d) Leg end AMES INCORPORATED LIMITS PARCELS STREET LABELS - ALL @ 50000FT Private ISU Road City Road County Secondary County Hwy State Hwy US Hwy US Interstate Hwy 168 BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G AJ D 07 - 0 1 - 2 0 2 4 20 0 ' 12 4 . 0 6 1 9 . 0 1 1 o f 2 124.0619.01 1 of 2 PT . N W 1 / 4 - N E 1 / 4 S E C T I O N 9 - 8 3 - 2 3 PL A T O F S U R V E Y ST O R Y C O U N T Y , I O W A 83 N - 2 3 W - 9 V: \ P r o j e c t s \ 2 0 2 4 \ 1 2 4 . 0 6 1 9 . 0 1 \ C A D D \ P L O S _ 1 2 4 0 6 1 9 _ B R E K K E . d w g A U S T I N D A V E N P O R T , 2 2 X 3 4 E X H I B I T L , 2 0 2 4 / 1 1 / 0 5 , 7 : 0 6 A M , A N S I F U L L B L E E D B ( 1 7 . 0 0 X 1 1 . 0 0 I N C H E S ) AREA ABOVE RESERVED FOR RECORDER INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIN D. GRIFFIN egriffin@snyder-associates.com SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: PT. NW1/4-NE1/4 SECTION 9-83-23 REQUESTED BY: RANDY BREKKE PLAT OF SURVEY LEGEND FEATURES FOUND SET Section Corner 1/2" Rebar, Yellow Plastic Cap #19710 (Unless Otherwise Noted) ROW Marker ROW Rail Control Point Bench Mark Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Minimum Protection Elevation MPE Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line DATE OF SURVEY 05/08/2024 OWNER RANDY BREKKE 6020 E LINCOLN WAY AMES, IA 50010 AREA SUMMARY PARCEL "H": 2.44 ACRES (106,230 SF) PARCEL "K": 33.77 ACRES (1,471,092 SF) TRACT "A": 0.64 ACRES (27,887 SF) BASIS OF BEARING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR NORTH 89°43'29" EAST. PARCEL "H" DESCRIPTION A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH 07°20'18" WEST, 1,294.25 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE NORTH 89°43'29" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 165.41 FEET TO THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 00°00'16" WEST ALONG SAID EAST LINE, 1,284.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.44 ACRES (106,230 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. SNYDER & ASSOCIATES, INC. 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 Erin D. Griffin, PLS Date License Number 19710 My License Renewal Date is December 31, 2025 Pages or sheets covered by this seal: ERIN D. GRIFFIN 19710 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Sheets 1 and 2, of 2 PARCEL "K" DESCRIPTION A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH 00°08'25" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 1,087.47 FEET TO THE SOUTHWEST CORNER OF PARCEL 'C' AS RECORDED BY CFN NUMBER 00015-171 OF THE STORY COUNTY RECORDER'S OFFICE; THENCE NORTH 89°43'03" EAST ALONG THE SOUTH LINE OF SAID PARCEL 'C', 281.77 FEET TO A SOUTHERLY CORNER OF SAID PARCEL 'C'; THENCE SOUTH 00°30'35" EAST CONTINUING ALONG SAID SOUTH LINE, 85.00 FEET TO A SOUTHERLY CORNER OF SAID PARCEL 'C'; THENCE NORTH 89°45'39" EAST CONTINUING ALONG SAID SOUTH LINE, 185.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 'C'; THENCE NORTH 00°15'39" WEST ALONG THE EAST LINE OF SAID PARCEL 'C', 279.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE NORTH 89°43'29" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 679.56 FEET; THENCE SOUTH 07°20'18" EAST, 1,294.25 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 89°51'31" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 1,313.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 33.77 ACRES (1,471,092 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. TRACT "A" DESCRIPTION A PART OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 00°00'16" WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 33.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY; THENCE SOUTH 89°43'29" WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 844.97 FEET TO THE EAST LINE OF PARCEL 'C' AS RECORDED BY CFN NUMBER 00015-171 OF THE STORY COUNTY RECORDER'S OFFICE; THENCE NORTH 00°15'39" WEST ALONG SAID EAST LINE, 33.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 'C' AND TO THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH 89°43'29" EAST ALONG SAID NORTH LINE, 845.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.64 ACRES (27,887 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. SURVEYOR NOTE 1. TRACT "A" TO BE DEDICATED TO THE CITY OF AMES FOR ROADWAY PURPOSES. 2. PARCELS ARE UNBUILDABLE UNTIL FUTURE PLATTING OCCURS. 11/06/2024 169 L4 844.97' N89°43'29"E 845.13'465.55' N0 ° 0 7 ' 4 9 " W 1 3 2 0 . 5 0 ' N0 ° 0 8 ' 2 5 " E 13 1 4 . 3 9 ' N0 ° 0 8 ' 2 5 " E 1 3 1 4 . 3 9 ' N89°43'29"E 2621.37' 1310.68' N89°51'31"E 1313.73' PT. NW1 / 4 - N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 PT. NE1 / 4 - N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 SE1/4-N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 SW1/4-N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 PARCEL ' C ' (CFN 1 5 - 1 7 1 ) PARCEL ' A ' (CFN 1 0 - 1 9 5 ) PARCEL ' B ' (CFN 1 0 - 1 9 5 ) PARCEL ' B ' (CFN 1 3 - 1 7 3 ) NW1/4-N W 1 / 4 SEC. 10 - 8 3 - 2 3 SW1/4-S E 1 / 4 SECTIO N 4 - 8 3 - 2 3 SE1/4-S E 1 / 4 SECTIO N 4 - 8 3 - 2 3 SW1/4-S W 1 / 4 SECTIO N 3 - 8 3 - 2 3 SW1/4-N W 1 / 4 SEC. 10 - 8 3 - 2 3 N1/4 Corner Section 9-83-23 Found Mag Nail Point Of Beginning Tract "A" NE Corner, NW1/4-NE1/4 Section 9-83-23, Set Mag Nail NE Corner Section 9-83-23 Found Mag Nail SE Corner NE1/4-NE1/4 Section 9-83-23 Found 5/8" Rebar With Yellow Plastic Cap #17161Point Of Beginning Parcel "H" SE Corner NW1/4-NE1/4 Section 9-83-23 Point Of Beginning Parcel "K" SW Corner NW1/4-NE1/4 Section 9-83-23 106,230 SF 2.44 AC PARCEL "H" N7 ° 2 0 ' 1 8 " W 1 2 9 4 . 2 5 ' S0 ° 0 0 ' 1 6 " W 1 2 8 4 . 4 4 ' 33.00' Roadway Easement 50.00' Roadway Easement 50.00' Roadway Easement E LINCOLN WAY 59 0 T H A V E N U E 1,471,092 SF 33.77 AC PARCEL "K" 27,887 SF 0.64 AC TRACT "A" S89°51'31"W 1313.79' N0 ° 0 8 ' 2 5 " E 1 0 8 7 . 4 7 ' L1 L2 L3 S89°43'29"W 679.56' LINE TABLE LINE # L1 M L2 M L3 M L4 LENGTH (FT) 281.77 85.00 185.00 279.00 DIRECTION N89° 43' 03"E S00° 30' 35"E N89° 45' 39"E N00° 15' 39"W L1 R 281.81 S90° 00' 00"W L2 R 85.00 N00° 18' 57"W L3 R 185.00 N89° 59' 53"W N0°15'39"W 33.00'S0°00'16"W 33.00' L5 Set Mag Nail L5 165.41 N89° 43' 29"E Found 1/2" Rebar With Yellow Plastic Cap #2880 Found 1/2" Rebar Found 1/2" Rebar With Yellow Plastic Cap #6586 N0 ° 0 0 ' 1 6 " E 13 1 7 . 4 1 ' 100 YEAR FLOODPLAIN 500 YEAR FLOODPLAIN 500 YEAR FLOODPLAIN 100 YEAR FLOODPLAIN SE Corner SW1/4-NE1/4 Section 9-83-23 Found 3/4" Gas Pipe W/ Orange Plastic Cap #21993 Center Section 9-83-23 Found 3/4" Rebar W/ Yellow Plastic Cap #8136 S89°50'55"W 1316.95' R N89°59'26"E 1316.91' M BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G AJ D 07 - 0 1 - 2 0 2 4 20 0 ' 12 4 . 0 6 1 9 . 0 1 2 o f 2 124.0619.01 2 of 2 PT . N W 1 / 4 - N E 1 / 4 S E C T I O N 9 - 8 3 - 2 3 PL A T O F S U R V E Y ST O R Y C O U N T Y , I O W A 83 N - 2 3 W - 9 V: \ P r o j e c t s \ 2 0 2 4 \ 1 2 4 . 0 6 1 9 . 0 1 \ C A D D \ P L O S _ 1 2 4 0 6 1 9 _ B R E K K E . d w g AU S T I N D A V E N P O R T , 22 X 3 4 E X H I B I T L , 20 2 4 / 1 1 / 0 5 , 7: 0 7 A M , AN S I F U L L B L E E D B ( 1 7 . 0 0 X 1 1 . 0 0 I N C H E S ) FEET 0 200 PLAT OF SURVEY 170 Applicable Standards 171 BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G AJ D 07 - 0 1 - 2 0 2 4 20 0 ' 12 4 . 0 6 1 9 . 0 1 1 o f 2 124.0619.01 1 of 2 PT . S E 1 / 4 - N E 1 / 4 S E C T I O N 9 - 8 3 - 2 3 PL A T O F S U R V E Y ST O R Y C O U N T Y , I O W A 83 N - 2 3 W - 9 V: \ P r o j e c t s \ 2 0 2 4 \ 1 2 4 . 0 6 1 9 . 0 1 \ C A D D \ P L O S _ 1 2 4 0 6 1 9 _ K N U T S O N . d w g A U S T I N D A V E N P O R T , 2 2 X 3 4 E X H I B I T L , 2 0 2 4 / 1 1 / 0 5 , 1 0 : 4 0 A M , A N S I F U L L B L E E D B ( 1 7 . 0 0 X 1 1 . 0 0 I N C H E S ) AREA ABOVE RESERVED FOR RECORDER INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIN D. GRIFFIN egriffin@snyder-associates.com SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: PT. SE1/4-NE1/4 SECTION 9-83-23 REQUESTED BY: DALE KNUTSON PLAT OF SURVEY LEGEND FEATURES FOUND SET Section Corner 1/2" Rebar, Yellow Plastic Cap #19710 (Unless Otherwise Noted) ROW Marker ROW Rail Control Point Bench Mark Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Minimum Protection Elevation MPE Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line DATE OF SURVEY 05/08/2024 OWNER KNUTSON, DALE & BONNIE REV TRUST 320 NE EAGLEWOOD DR ANKENY, IA 50021-4612 AREA SUMMARY PARCEL J: GROSS AREA: 2.75 ACRES (119,928 SF) REMAINDER PARCEL: GROSS AREA: 37.07 ACRES(1,614,880 SF) ROADWAY EASEMENT: 1.00 ACRES (43,573 SF) NET AREA: 36.07 ACRES (1,571,307 SF) BASIS OF BEARING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR SOUTH 89°59'26" WEST. SURVEYOR NOTE 1. PARCEL IS UNBUILDABLE UNTIL FUTURE PLATTING OCCURS. PARCEL J DESCRIPTION A PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 07°51'52" EAST, 1329.89 FEET TO THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE SOUTH 89°59'26" WEST ALONG SAID SOUTH LINE, 182.07 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9; THENCE NORTH 00°00'16" EAST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, A DISTANCE OF 1317.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.75 ACRES (119,928 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.SNYDER & ASSOCIATES, INC. 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 Erin D. Griffin, PLS Date License Number 19710 My License Renewal Date is December 31, 2025 Pages or sheets covered by this seal: ERIN D. GRIFFIN 19710 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Sheets 1 and 2, of 2 11/06/2024 172 S89°59'26"W 1316.87'S89°59'26"W 1316.91' N89°51'31"E 1313.79'N89°51'31"E 1313.73' N0 ° 0 8 ' 2 5 " E 1 3 1 4 . 3 9 ' PT. NW1 / 4 - N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 PT. NE1 / 4 - N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 SE1/4-N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 SW1/4-N E 1 / 4 SECTIO N 9 - 8 3 - 2 3 SW1/4-N W 1 / 4 SEC. 10 - 8 3 - 2 3 NE Corner SE1/4-NE1/4 Section 9-83-23 Found 5/8" Rebar With Yellow Plastic Cap #17161 Point Of Beginning NW Corner SE1/4-NE1/4 Section 9-83-23 SW Corner NW1/4-NE1/4 Section 9-83-23 SW Corner SE1/4-NE1/4 Section 9-83-23 Found 3/4" Gas Pipe W/ Orange Plastic Cap #21993 Center Section 9-83-23 Found 3/4" Rebar W/ Yellow Plastic Cap #8136 119,928 SF 2.75 AC PARCEL J E1/4 Corner Section 9-83-23 Found 1/2" Square Iron Bar N0 ° 0 0 ' 1 6 " E 1 3 1 7 . 4 1 ' S7 ° 5 1 ' 5 2 " E 1 3 2 9 . 8 9 ' 59 0 T H A V E N U E NE1/4-S E 1 / 4 SECTIO N 9 - 8 3 - 2 3 NW1/4-S E 1 / 4 SECTIO N 9 - 8 3 - 2 3 L1 LINE TABLE LINE # L1 LENGTH (FT) 182.07 DIRECTION S89° 59' 26"W REMAINDER PARCEL: GROSS ACRES: 37.07 ACRES (1,614,880 SF) ROADWAY EASEMENT: 1.00 ACRES (43,573 SF) NET AREA: 36.07 ACRES (1,571,307 SF) 33.00' ROADWAY EASEMENT N89°43'29"E 1310.68'N89°43'29"E 1310.68' N0 ° 0 0 ' 1 6 " E 1 3 1 7 . 4 4 ' N0 ° 0 8 ' 2 5 " E 1 3 1 4 . 3 9 ' N1/4 Corner Section 9-83-23 Found Mag Nail NE Corner, NW1/4-NE1/4 Section 9-83-23, Set Mag Nail NE Corner Section 9-83-23 Found Mag NailE LINCOLN WAY BY DA T E RE V I S I O N MA R K Sc a l e : Te c h n i c i a n : T- R - S : SN Y D E R & A S S O C I A T E S , I N C . | Ch e c k e d B y : En g i n e e r : Da t e : 1" = Pr o j e c t N o : Sh e e t Project No: Sheet 27 2 7 S . W . S N Y D E R B L V D AN K E N Y , I O W A 5 0 0 2 3 51 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m ED G AJ D 07 - 0 1 - 2 0 2 4 20 0 ' 12 4 . 0 6 1 9 . 0 1 2 o f 2 124.0619.01 2 of 2 PT . S E 1 / 4 - N E 1 / 4 S E C T I O N 9 - 8 3 - 2 3 PL A T O F S U R V E Y ST O R Y C O U N T Y , I O W A 83 N - 2 3 W - 9 V: \ P r o j e c t s \ 2 0 2 4 \ 1 2 4 . 0 6 1 9 . 0 1 \ C A D D \ P L O S _ 1 2 4 0 6 1 9 _ K N U T S O N . d w g AU S T I N D A V E N P O R T , 22 X 3 4 E X H I B I T L , 20 2 4 / 1 1 / 0 5 , 10 : 4 0 A M , AN S I F U L L B L E E D B ( 1 7 . 0 0 X 1 1 . 0 0 I N C H E S ) FEET 0 200 PLAT OF SURVEY 173 ITEM #:33 DATE:11-12-24 DEPT:P&H SUBJECT:AMEND ISURP DEVELOPMENT AGREEMENT TO ALLOW RESIDENTIAL USE TAX CLASSIFICATION COUNCIL ACTION FORM BACKGROUND: At the time of development of Phase III of the Iowa State University Research Park (ISURP) in 2024 (See attachment for boundary), the City entered into a development agreement with ISURP to share in certain infrastructure costs, primarily through the use of Tax Increment Financing (TIF). One of the benefits of the agreement for the City was the assurance that the land within Phase III would only be used for development with a commercial or industrial tax classification to ensure property taxes would be generated as a result of the City's support. The Development Agreement limits use of individual properties to one of these two property tax classifications. Subsequent to the agreement, the City now allows through zoning for residential uses within certain areas of Phase III. Additionally, tax codes have changed as apartment uses are now classified as residential and not commercial. However, the Agreement still requires a commercial tax classification, which would result in a higher taxable value than apartments in other parts of the c i t y. To address this issue, an amendment to the Development Agreement has been prepared that acknowledges a residential classification is also an option in addition to commercial and industrial. The changes only apply to certain properties with residential use potential. (see Location Map). There are no other proposed changes to the agreement. ALTERNATIVES: 1. Approve the proposed amendment to the Development Agreement to add a residential use tax classification for specified properties. 2. Deny the amendment and continue to require commercial and industrial tax classifications. CITY MANAGER'S RECOMMENDED ACTION: Approving the change would align with Council's recent decision to allow residential uses on certain properties in this area of the Research Park. Allowing for the use and tax classification has no impact on the Urban Renewal Area and prior TIF collections. Therefore, it is the recommendation of the City Manager that the Council approve Alternative #1. ATTACHMENT(S): Location Map.pdf Amendment Development Agreement.PDF ISURP Phase III area boundary.jpg 174 WESSEX DR UNIVERSITY BLVD PLAZA LOOP COLLABORATION PL COLLABORATION PL UNIVERSITY BLVD COLLABORATION PL Ü Location Map Affected properties 175 AMENDMENT TO AGREEMENT FOR PUBLIC IMPROVEMENTS AND OTHER WORK PERTAINING TO THE IOWA STATE UNIVERSITY RESEARCH PARK PHASE III THIS IS AN AMENDMENT to an Agreement made by and between the City of Ames, Iowa, an Iowa Municipal Corporation, and Iowa State University Research Park, an Iowa non- profit corporation, upon the following terms and conditions: 1 DEFINITIONS. When used in this Amendment, unless otherwise required by the context: 1.1 “City” means the City of Ames, Iowa, an Iowa Municipal Corporation. 1.2 “Developer” means Iowa State University Research Park, an Iowa non-profit corporation, and Hunziker Construction Services, Inc., as owners of: 3200 University Boulevard – Lot 1 of the ISURP Phase III 2nd addition, 3300 University Boulevard – Lot 1 of the ISURP Phase III 1st Addition, and 1726 Collaboration Place – Parcel C of Lot 6 of the ISURP Phase III 1st Addition. 1.3 “Development Agreement” means the recorded Agreement, and any existing amendments thereto, presently in force between the City and Developer, its successors and assigns, filed in the office of the Recorder of Story County, Iowa, on November 18, 2014, as Instrument No. 2014-00010311, as approved by City Resolution No. 14-517 governing certain improvements upon the Real Property by Developer and certain tax increment financing rebates granted by the City. 1.4 “Amendment” means this instrument as signed by the parties hereto. 1.5 “Site” means the real property (together with all easements and serviant estates appurtenant thereto) legally described as Exhibit A attached hereto. 2 AMENDMENT.The Development Agreement, in the first paragraph of IX Property Taxes, is hereby amended by adding the word “residential” as follows: “It is expressly understood, covenanted, and agreed by the parties hereto that all of the land encompassed by the aforesaid Phase III Conceptual Development Plan and any and all improvements now or hereafter pertaining to said land, shall be subject to any and all taxes on real estate that normally would be generated as a commercial, industrial or residential classified parcel, regardless of each parcel’s actual classification or exempt status; and that S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to:City Clerk, 515 Clark Avenue, Ames IA 50010 Document prepared by:Mark O. Lambert,City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010 –515-239-5146 176 2 the Research Park shall not claim or apply for any exemption from or abatement of property taxes for said land or improvements.” . . . 3 CONTINUED FULL FORCE. The Development Agreement shall continue to have full force and effect in accordance with the terms thereof, subject, however, to this Amendment. IN WITNESS WHEREOF, the City and Developer, and Developer’s successor and assigns, have executed this Amendment on the dates shown below. [Signature pages to follow] 177 3 ISU RESEARCH PARK Dated ______________________, 2024.By: Rick Sanders, President Iowa State University Research Park STATE OF IOWA, COUNTY OF STORY, SS.:This instrument was acknowledged before me on ___________________________, 2024, by Rick Sanders, as President of the Iowa State University Research Park. NOTARY PUBLIC 178 4 HUNZIKER CONSTRUCTION SERVICES, INC. Dated ______________________, 2024.By: Charles E. Winkleblack, President Hunziker Construction Services, Inc. STATE OF IOWA, COUNTY OF STORY, SS.:This instrument was acknowledged before me on ___________________________, 2024, by Charles E. Winkleblack, as President of Hunziker Construction Services Inc. NOTARY PUBLIC 179 5 Passed and approved on ______________________, 2024, by Resolution No. 24-______________, adopted by the City Council of Ames, Iowa. CITY OF AMES, IOWA Attest:By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on ____________________________, 2024, by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. NOTARY PUBLIC 180 18 1 182 ITEM #:34 DEPT:PW November 12, 2024 Staff Report CONSERVATION SUBDIVISION ORDINANCE CHANGES AND STORMWATER FOLLOW UP BACKGROUND: City Council received this report regarding changes to the Conservation Subdivision standards on October 8. At that time, the Council tabled the item until November 12 to allow for Hunziker Companies to respond to the analysis. Hunziker Companies contacted staff on November 4 indicating that the changes do permit some additional lots to their original design. Although their project has other financing and infrastructure challenges, they expressed support for the proposed changes to the Conservation Ordinance described by staff. INFORMATION PROVIDED TO COUNCIL ON OCTOBER 8: On June 25, City Council reviewed input from development interests and the Friends of Ada Hayden on the City's Conservation Subdivision standards. The City Council then directed staff to retain a consultant to study the impacts of two potential changes to the Conservation Subdivision Ordinance on the Ada Hayden Watershed. Consideration of these changes was prompted by the Ames Economic Development Commission (AEDC) Short-term Housing Taskforce, which made several requests for Council to consider development standard flexibility in order to facilitate housing construction. These requests were originally addressed in a March 26 staff report, along with the history and purpose of the Conservation Subdivision Ordinance (see Attachment A for an excerpt from the March 26 report outlining these changes). The standards the City Council directed staff to have a consultant analyze through stormwater modeling were: The elimination of the mandatory 80% of lots abutting open space requirement. A reduction of the 25% open space set-aside to 10%. These two standards were picked for further study because they are most directly related to the site design and potential development intensity of a subdivision, meaning they have the most direct impact on stormwater runoff in the Ada Hayden Watershed. The additional changes requested by the Taskforce can be incorporated into any ordinance amendments directed by Council related to the modeling results. Changes to the standards would apply only to new residential developments in the Ada Hayden Watershed. In this area, the amendments would immediately impact two pending developments: the Hunziker Companies Auburn Trail project and Hayden’s Preserve (formerly known as Rose Prairie) development. They would also impact a future site designated for development in Plan 2040 known as the Borgmeyer property, located south of AGCC along GW Carver Avenue (see Attachment B for a map). 183 STUDY RESULTS: The consultant evaluated runoff volumes and rates anticipated from the Auburn Trail and Hayden's Preserve developments under three scenarios: 1) existing farm field conditions, 2) preliminary development plans previously prepared under the City’s stormwater management standards and Conservation Subdivision Ordinance, and 3) the preliminary development plans subject to the two changes (see Attachment C for the full study). In addition to the changes to the Conservation Subdivision Ordinance, the study also accounts for changes to the City’s stormwater management standards mandated by Iowa's recently adopted SF 455. SF 455 limits topsoil requirements and restricted release rates for larger storm events to rates equivalent to the 5-year storm under existing conditions. It allows for continued water quality treatment and extended detention of flows from smaller storms that may lead to pollution and/or erosion issues. The consultant found reducing the open space set aside percentage increased runoff volumes. Two primary issues could stem from increased volumes conveyed off-site through streams and waterways: channel stability and water quality related to the quantity of pollutants (sediment, nitrogen, and phosphorus). However, the study concluded increased runoff volumes may be managed within the watershed if amendments are also made to require recommended stormwater Best Management Practices (BMPs) to protect Ada Hayden Lake's water quality both during and post-construction. Support for this conclusion relies on maintaining the City's existing stormwater management requirements in addition to the adoption of these recommended BMPs for overland runoff conveyance and runoff treatment, including fore-bays and wet ponds for sediment and phosphorus reduction. These requirements would be beyond those required for typical subdivisions but would include practices frequently used in subdivision design. Reduction of the 25% Open Space Set Aside to 10% If the 25% open space requirement were eliminated, 10% of a subdivision's area would be required to be dedicated as common open space, which includes areas for stormwater treatment. Staff estimates this change could correlate to an increased housing unit count of 5-15%, depending on site conditions and lot sizes. As more lots may be able to be developed, impervious coverage may increase. Working from the assumption that 15% more of a site could be developed and that residential lots will have approximately 35% impervious coverage, the consultant found this change would result in a 5- 6% increase in runoff volumes for a 1-year storm and a 2% increase for a 100-year storm (see Table 1 in the study). The consultant found that the increased volume could impact water quality through increased loading of pollutants. However, the increase in volume may be managed through the use BMPs as recommended in the study. The consultant describes what specific stormwater BMPs and combinations of measures should be priorities related to the lake's water quality (see Page 9 of the study). Through the amendments, the stormwater management plans for developments would be required to demonstrate in-series BMPs that address nitrogen, phosphorous, E. Coli, and Total Suspended Solids (TSS). Efficacy of water quality BMPs under the City's current standards may achieve up to 80% removal of TSS. In addition, staff believes appropriately designed development will provide water quality benefits 184 in terms of reducing pollutant loads compared to current unmitigated farmland conditions. Elimination of the Mandatory 80% of Lots Abutting Open Space Requirement The original intent of the adjacency requirement was to direct stormwater flow through treatment measures and to create a certain character in Conservation Subdivisions. Through conversations with developers, staff believes eliminating this standard may allow for greater flexibility in site layout. The consultant found that eliminating the requirement that 80% of lots abut open space did not impact runoff volumes because there was no identifiable change to the impervious coverage or density. The study does note that changing this standard may increase flow rates on a development site measured in time of concentration calculation (Tc) (see Table 2). However, the City’s stormwater requirements require the peak rate leaving the site to approximate existing conditions regardless of on- site flow rates. The study indicates downstream flow rates should not be impacted by this change even if on-site rates were higher due to the City's current requirements. The effect of the lower Tc does require the developer to create larger stormwater detention areas to hold back flows to meet City standards since water is reaching treatment areas faster. This change alone would not materially impact the watershed. Any impacts would be addressed by the same BMPs recommended with the open space reduction option. OTHER CONSERVATION SUBDIVISION ORDINANCE CHANGES: The March 26 staff report (see Attachment A) provided staff's assessment of ot her potential changes to the Conservation Subdivision Ordinance as suggested by the AEDC Taskforce. At that time, City Council did not provide direction regarding these issues as they awaited public input and modeling results. Staff's comments are unchanged from the March report. Of the five other Taskforce's requests, staff believes the following standards could be modified in addition to Council's direction on the modeling findings: Apply wetland protections to jurisdictional wetlands of the Army Corps, rather than all wetlands Allow for different street lengths and more cul-de-sacs/dead ends to minimize impacts to natural resources and reduce impervious area Clarify the expectations and purpose of the mass grading limitations Clarify usable open space and trail requirements PUBLIC OUTREACH: Staff reached out to Auburn Trail and Hayden's Preserve representatives to alert them to the findings of the study and that the item would be on the October 8 agenda. No additional consultation occurred as the analysis was consistent with the requests of development interests and prior comments. Staff was able to meet with Friends of Ada Hayden on October 3 to review the findings of the study in advance of the October 8 meeting. They were receptive to the changes if accompanied by other amendments to enhance water quality treatment standards. They did raise questions about the impacts on the City's constructed wetlands that filter sediment from the development sites prior to entering Ada Hayden Lake and the stream the City recently stabilized from Auburn Trail to Ada Hayden Lake. Staff 185 indicated they did not anticipate impacts on the wetlands or waterway due to the changes in the Ordinance with additional BMPs provided. OPTIONS: Option 1—Eliminate both the 80% of lots abutting open space requirement and reduce the open space set-aside to 10% from 25%, along with other amendments consistent with Attachment A staff comments Amendments studied by the consultant: Elimination of the mandatory 80% of lots abutting open space requirement. The consultant found that there would be no downstream impacts from this change. Staff believes that if the ordinance is amended to remove this requirement, it should also maintain and re-emphasize requirements for greenways connecting natural areas and the use of natural stormwater conveyance, thereby minimizing impacts on on-site flow rates. Reduction of the 25% open space set aside to 10% for providing enhanced water quality practices. While this change increases volumes and thus possibly pollutant loads, the consultant offered an alternative to offset these impacts through enhanced water quality BMPs. Multiple best management practices could be used in a series to address various pollutants of concern. Other Changes Outlined in Attachment A: Apply wetland protections to jurisdictional wetlands of the Army Corps, rather than all wetland conditions Allow for different street lengths and more cul-de-sacs/dead ends to minimize impacts to natural resources and reduce impervious area Clarify the expectations and purpose of the mass grading limitations Clarify usable open space and trail requirements Option 2—Only eliminate the 80% lots abutting open space requirement and other changes of Attachment A This option would create development layout flexibility and efficiency but have minor effects on the total developable area and unit counts because of the continued requirement for a 25% open space set-aside. This option would result in less increases in the total volume of runoff compared to Option 1. Option 3—O n l y reduce the open space set-aside to 10% from 25% and other changes of Attachment A This option would maintain interconnection of residential lots with open spaces and the aesthetic of a conservation subdivision gained through the relationship of lots to natural areas but may reduce overall open space. It would still result in the increases in total volume of runoff as anticipated with Option 1. Option 4—Do not proceed with an amendment to the Conservation Subdivision Ordinance at this time. 186 Given the recent changes in state law limiting city regulation of stormwater management, City Council may determine that they do not wish to proceed with a zoning text amendment at this time and instead wait until more developments have occurred under the new standards. STAFF COMMENTS: The Conservation Subdivision standards were adopted in 2010 to protect Ada Hayden's water quality prior to the City's adoption of the current stormwater management requirements. In 2014, the City introduced specific numeric water quality standards for developments meeting certain thresholds. Recent state legislation does not affect these water quality requirements. Reducing numeric requirements may mean that the ordinance no longer reflects as many conservation design principles, but the proposed amendments can still require extensive use of stormwater management BMPs to offset the impacts of eliminating mandatory lot frontage and open space set-asides. If City Council directs staff to move forward with amendments outlined in either Options 1,2, or-3, staff would craft changes to the Conservation Subdivision Ordinance that would allow for increased development flexibility as well as address stormwater quality management through use of interconnected open spaces and BMPs that emphasize water quality treatment to the benefit of Ada Hayden Lake. Additional outreach with the Friends of Ada Hayden would occur during the preparation of the Ordinance. The Ordinance would then be reviewed by the Planning and Zoning Commission and returned to City Council for approval. Staff believes that Option 1 can accomplish City Council's dual interests of promoting needed housing development for the City, where we have previously invested in infrastructure and, at the same time, mitigate potential impacts to water quality related to Ada Hayden Lake. ATTACHMENT(S): Attachment A March 26th Excerpt.pdf Attachment B Map.pdf Attachment C Ames Conservation Ordinance Stormwater Study 187 Attachment A- Excerpt of March 26th Staff Report The Task Force expressed the belief that certain standards of the ordinance make it difficult to feasibly develop the remaining sites in the watershed due either to increased development costs or the impact on layout that in turn reduces development options. The Task Force requests that the City Council reevaluate if many of the specific requirements are indeed necessary to address the water quality concerns for Ada Hayden and if some changes could be approved while still meeting the primary goal of protecting the watershed. Staff has outlined preliminary thoughts below in italics, related to the seven suggested policy changes to the Conservation Ordinance requested by the AEDC Task Force: • Buffer around stormwater conveyance or wetlands rather than 80% of lots abutting open space. Staff comments: Staff sees the issues of buffering and 80% of lots abutting open space as two separate issues. The 80% rule generates additional open space that may or may not include a specific waterway or wetland resource buffers. Staff supports reducing the lot percentage requirement as part of the overall review of standards. Buffering is addressed elsewhere in the ordinance. • Protect historical or jurisdictional wetlands instead of all wetlands and poorly graded areas. Staff comments: Resource inventories identify a wide range of resources for review within a Conservation Subdivision. Staff already follows permitting conditions and requirements determined by the Army Corps of Engineers and Iowa DNR for jurisdictional wetlands. Staff supports review of the language as needed to clarify protection requirements focused on jurisdictional wetlands. • Remove “usable” component of open space requirements; focus on protecting rather than both protecting and creating a usable space. Staff comments: This issue is intertwined with zoning open space requirements as well. Conservation Subdivisions are required to set -aside conservation areas as commonly owned open space for passive and/or active recreational use. This requirement, along with other standards for open space, often lead to additional trail and walking path requirements. Staff supports modifying language to distinguish expectations for passive and usable open space in combination with other changes affecting open space standards. • Reduce the 25% open space requirement to 10%; this can be accomplished while still protecting Ada Hayden. Staff comments: Reducing overall open space set asides may be viable when considering the design intent of surface water treatment measures and their continued viability for water quality improvements with less overall open space. Use of only traditional detention basins would not meet the intent and purpose. Staff supports revising the open space requirement in consideration of the total changes proposed and emphasizing the design intent for stormwater treatment 3 188 measures as opposed to large set aside requirements. • Eliminate curb, gutter roads, and embrace a rural cross section utilizing roadside areas to convey / treat stormwater. Staff comments: Staff does not recommend this approach for urban density development due to issues such as roadway safety, winter maintenance, and stormwater management. The curb and gutter system provides operational and safety barriers in both winter maintenance and everyday vehicular travels, use of ditches changes road design and function for the city and abutting property owners. • Change outlook on mass grading when there are no natural features to enhance or protect because the land being developed is flat farm ground. Staff comments: Staff believes mass grading limitations have benefits to the watershed by minimizing disturbance and soil compaction. Staff is supportive of exploring this issue to understand more specific concerns and how it would work in combination with other requested changes as total potential impacts to Ada Hayden. • Subdivision design: allow staff flexibility of street block lengths and allowing cul-de-sacs; this allows irregular pieces of land to be more efficiently developed. Staff comments: Staff can support this option in the spirit of conservation efforts. It may also be applicable to all subdivisions and not just conservation subdivisions. Changes to the Zoning Ordinance would be needed to implement this change in addition to the Subdivision Code. 189 Ada Hayden Heritage Park IR O N S WA Y IRONS WAY ADA HAYDEN RD AL D R I N AV E MC F A R L A N D AV E LEOPOLD DRIR O N S WA Y HY D E A V E LAUREL ST WESTW I N D D R LACEY DR SEDWICK ST HARR I S O N R D WESTON DR IR O N S CT AL T A VIS T A R D ABERD E E N D R AUDUBO N D R GE O R G E W C A R V E R A V E KETELS E N D R LEDGES DR Attachment B - Location Map 0 0.1 0.20.05 MilesAmes ¯Legend Parcels Ada Hayden Watershed Developments Parks Hayden's Preserve Auburn Trail Borgmeyer 190 Conservation Ordinance Revision Runoff Volume and Rate Impact Study Ames, Iowa RDG Project #3006.770.00 October 3, 2024 Prepared For: City of Ames I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. _____________________________ __________________ GREGORY M. PIERCE, P.E. Date MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 PAGES COVERED BY THIS SEAL: ALL SHEETS 10/3/2024 191 Stormwater Study Page 1 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Project 3006.770.00 October 3, 2024 Introduction RDG Planning & Design was asked by the City of Ames to compare how potential changes in their Conservation Ordinance would affect stormwater runoff within the watershed to Ada Hayden Heritage Park Lake. This study reviewed two recently proposed developments for the projected effects of the following ordinance changes: 1) Reduce required reserved open spaces from 25% to 10% 2) Eliminate the requirement that 80% of all residential lots have a rear lot line connected to a reserved open space. To simplify these comparisons, runoff rates and volumes were reviewed in total for each outlet point (multiple individual stormwater practices were not evaluated). The analysis consisted of three subwatersheds within two developments. The first development stormwater report, for the Rose Prairie Development, was written by McClure Engineering and dated February 18, 2022. The second report focused on the Auburn Trail Development as designed by Bolten & Menk, dated April 13, 2022. The Auburn Trail Development has two subwatersheds, north and southeast, based on two separate outfall locations identified in their original stormwater report. In this study, RDG has analyzed the developments’ impacts on the lake comparing the original designs in 2022 and the projected runoff if modifications to the conservation ordinance are implemented. See details of the specific calculation methods used to prepare this report in the Appendix. Projected Change in Impervious Cover This first comparison explores the effects of reducing the reserved open space from 25% to 10%. Assumedly, If the ordinance passes, the percentage of impervious area would remain constant outside of the reserved open space parcels. As those reserved open space parcels reduce in size, the total impervious cover increases by the same ratio. This should be a close approximation, but if the ordinance changes, the developments could be redesigned in ways that change the impervious cover ratios. Figure 1: Projected Change in Impervious Cover 36% 12% 34% 42% 14% 39% ROSE PRAIRIE AUBURN TRAIL - NORTH AUBURN TRAIL - SOUT HEAST PROJECTED CHANGE IN IMPERVIOUS COVER IMPERVIOUS PERCENTAGE WITH 2022 DESIGNS IMPERVIOUS PERCENTAGE WITH ORD. CHANGES 192 Stormwater Study Page 2 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Projected Change in Curve Number As the impervious cover changes, so does the curve number used in stormwater modeling. A curve number (CN) is used to represent the runoff potential of a drainage area. The CN considers the land use characteristics and site soil conditions to estimate how much rainfall becomes stormwater runoff. The higher the curve number, the greater the stormwater runoff rates and volumes. For comparison, pavement has a CN of 98, while open spaces (lawns) in good condition with Group ‘B’ soils have a CN of 61. Soil types are organized into four categories (Hydrologic Soil Group A to D), with Group ‘A’ expected to generate the least runoff and group ‘D’ expected to generate the most. Refer to the Appendix for more information about curve numbers and soil groups. Figure 2: Projected Change in Curve Number Projected Change in Time of Concentration Changes to the conservation ordinance also affect the time of concentration (Tc). Tc is defined as the longest amount of time a drop of water takes to travel from the farthest upstream extents of the watershed to the outlet. Since water flows across paved surfaces much faster than open grasslands, the more impervious cover, the shorter the Tc. The developments currently have longer times of concentration because of the longer flow paths through the open spaces. With the proposed ordinance amendments, the open spaces will get smaller along with the length of flow through those spaces. More flow paths will run over pavement or through storm sewer pipes, allowing runoff to flow more quickly through the development. To simulate these ordinance changes, Tc values were lowered in each subwatershed as noted in the figure below. Figure 3: Projected Change in Time of Concentration 81 72 82 82 72 83 ROSE PRAIRIE AUBURN TRAIL - NORTH AUBURN TRAIL - SOUTHEAST PROJECTED CHANGE IN CN CN WITH 2022 DESIGNS CN WITH ORD. CHANGES 20 15 20 15 10 15 ROSE PRAIRIE AUBURN TRAIL - NORTH AUBURN TRAIL - SOUTHEAST PROJECTED CHANGE IN TC Tc WITH 2022 DESIGNS Tc WITH ORD. CHANGES 193 Stormwater Study Page 3 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Projected Change in Runoff Volume The CN and Tc values were added to the Natural Resource Conservation Service (NRCS) Technical Release 55 (TR-55) stormwater model to evaluate the change in runoff. Runoff effects can be measured by the runoff volume generated and the peak rates of flow for storm events between the 1-year and 100-year return frequency. Storm events are reported as the amount of rainfall statistically likely to fall in a given time period based on historical recorded data. For example, the 100-year storm event is a depth of rainfall that should happen once every hundred years on average. Put another way, the 100-year storm event has a 1% chance of occurring once in any given calendar year. See the table and figure below for comparisons of runoff volume estimated under existing conditions (row-crop agriculture) as well as the proposed and revised ordinance scenarios. Take note that the Auburn Trail development proposes shifting approximately 12.4 acres from the north outlet point to the southeast outlet point. To keep the overall comparisons of volume consistent, the two outlet points have been added together in the table and figure below. Table 1: Projected Change in Runoff Volume* ROSE PRAIRIE RUNOFF VOLUME EXISTING RUNOFF VOLUME (ROW CROP AG.)1 RUNOFF VOLUME FROM 2022 DESIGNS2 NET CHANGE FROM EXISTING PERCENT CHANGE FROM EXISTING RUNOFF VOL. WITH ORD. CHANGES3 NET CHANGE FROM EXISTING PERCENT CHANGE FROM EXISTING 1-YEAR RUNOFF VOLUME (GAL) 2,811,000 4,222,000 1,411,000 50% 4,456,000 1,645,000 59% 100-YEAR RUNOFF VOLUME (GAL) 16,507,000 19,485,000 2,978,000 18% 19,928,000 3,421,000 21% AUBURN TRAIL RUNOFF VOLUME EXISTING RUNOFF VOLUME (ROW CROP AG.) 1 RUNOFF VOLUME FROM 2022 DESIGNS2 NET CHANGE FROM EXISTING PERCENT CHANGE FROM EXISTING RUNOFF VOL. WITH ORD. CHANGES3 NET CHANGE FROM EXISTING PERCENT CHANGE FROM EXISTING 1-YEAR RUNOFF VOLUME (GAL) 1,400,000 2,122,000 722,000 52% 2,229,000 829,000 59% 100-YEAR RUNOFF VOLUME (GAL) 8,223,000 9,769,000 1,546,000 19% 9,966,000 1,743,000 21% *(Typically, runoff volume is expressed in cubic feet in engineering studies, but for this report values have been converted to gallons. One cubic foot (CF) = 7.481 gallons.) 1 From Hydrograph 1 for each model, see Appendix 3 2 From Hydrograph 3 for each model, see Appendix 3 3 From Hydrograph 6 for each model, see Appendix 3 194 Stormwater Study Page 4 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Figure 4: Percentage Change in Runoff Volume • Runoff volume increases significantly from the existing row-crop condition for both the 2022 designs and the adjusted ordinance requirements. • Changing the requirement for 80% of lots to be adjacent to open space reduces Tc but would have no impact on runoff volume on its own. Only the increase in impervious cover affects the runoff volume in this comparison. • By percentage, smaller storms are more greatly affected by the ordinance changes than larger storms. For example, in the Auburn Trail Development the 1-year storm runoff volume would increase 7% due to the potential ordinance changes while the 100-year runoff volume only grows by 2%. • The greatest increases in total runoff volume occur during the largest storms. Proposed ordinance changes would be expected to generate approximately 200,000 gallons of additional runoff volume from the Auburn Trail development during a 100-year storm event. The Rose Prairie runoff increases by about 440,000 gallons between the base condition and the ordinance change. 50% 18% 52% 19% 59% 21% 59% 21% ROSE PRAIRIE (1- YEAR) ROSE PRAIRIE (100-YEAR) AUBURN TRAIL (1-YEAR) AUBURN TRAIL (100-YEAR) PERCENTAGE CHANGE IN RUNOFF VOLUME PERCENT CHANGE BETWEEN EXISITNG AND 2022 DESIGN RUNOFF VOLUME PERCENT CHANGE BETWEEN EXISITNG AND ORD. CHANGE RUNOFF VOLUME 195 Stormwater Study Page 5 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Projected Change in Peak Flow Rate The stormwater model also analyzed changes in peak flow rate for each storm frequency. Unlike runoff volume, the peak flow rate is affected by Tc. Shorter time of concentration means runoff passes more quickly through the site and more of the runoff reaches the outlet point at the same time. This means peak flow will increase more dramatically than runoff volumes since it is affected both by the increases in total volume and the velocity of its movement. Local stormwater ordinances require new developments to control the rate of flow released onto downstream properties*. Usually, the allowable release rate equals the peak flow from the 5-year storm event prior to development (row-crop agriculture in this case). Therefore, the increases in peak flow rate within each development should not increase the flow rates downstream. However, this requires greater stormwater detention storage to control the greater volumes and rates of flow within the development while maintaining the same allowable release rate. *Note that local ordinance requires the rate of flow leaving each development to be controlled. Runoff volume mitigation is not required for most storm events. Table 2: Projected Change in Peak Flow Rate Within Each Development (Prior to Detention Controls) 1-YEAR PEAK FLOW (CFS) EXISTING PEAK FLOW RATE (ROW CROP AG.)1 PEAK FLOW RATE WITH 2022 DESIGNS2 PEAK FLOW RATE WITH ORD. CHANGES3 DIFFERENCE BETWEEN 2022 DESIGNS & ORD. CHANGES ROSE PRAIRIE 60 180 220 24% AUBURN TRAIL 38 90 110 22% 5-YEAR PEAK FLOW (CFS) EXISTING PEAK FLOW RATE (ROW CROP AG.) PEAK FLOW RATE WITH 2022 DESIGNS PEAK FLOW RATE WITH ORD. CHANGES DIFFERENCE BETWEEN 2022 DESIGNS & ORD. CHANGES ROSE PRAIRIE 140 330 400 21% AUBURN TRAIL 85 170 200 18% 100-YEAR PEAK FLOW (CFS) EXISTING PEAK FLOW RATE (ROW CROP AG.) PEAK FLOW RATE WITH 2022 DESIGNS PEAK FLOW RATE WITH ORD. CHANGES DIFFERENCE BETWEEN 2022 DESIGNS & ORD. CHANGES ROSE PRAIRIE 410 820 970 18% AUBURN TRAIL 250 420 490 17% 1 From Hydrograph 1 for each model, see Appendix 3 2 From Hydrograph 3 for each model, see Appendix 3 3 From Hydrograph 6 for each model, see Appendix 3 • Runoff rates within each development would be significantly higher within each site than existing (agricultural) conditions under both the 2022 design and adjusted ordinance requirements. • By percentage, smaller storms are more greatly affected by the ordinance changes than larger storms. For example, within the Rose Prairie Development the 1-year storm runoff peak rate would increase 24% due to the proposed ordinance changes while the 100-year runoff peak rate only grows by 18%. 196 Stormwater Study Page 6 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Projected Change in Required On-site Detention As discussed previously, the volume of stormwater detention facilities will need to increase in-step with the increased peak flow rates. To simplify size comparisons, the maximum depth of ponding within basins simulated for the 100-year event pond was limited to no more than six feet, to follow recommendations listed in the Iowa Stormwater Management Manual (ISWMM). Keeping that maximum depth constant, increased volume is expressed as increased surface area of the basin. See the table and figure below. Table 3: Percentage Change in Required On-site Detention DETENTION BASIN SIZE (acres) DET. BASIN SIZE WITH 2022 DESIGNS PERCENTAGE OF DRAINAGE AREA TO DET. BASIN SIZE DET. BASIN SIZE WITH ORD. CHANGES PERCENTAGE OF DRAINAGE AREA TO DET. BASIN SIZE DIFFERENCE BETWEEN 2022 DESIGNS & ORD. CHANGES Column A B C D % Difference Between Columns C and A ROSE PRAIRIE (100-YEAR) 6.03 4.1% 6.41 4.4% 6.3% AUBURN TRAIL (100-YEAR) 2.97 4.0% 3.11 4.2% 4.7% Figure 5: Projected Change in Required On-site Detention • Note that this study modelled the stormwater volume and detention needs of each development in one large basin. In reality, multiple stormwater facilities may be used to achieve allowable release rates and site grading constraints. The volume and detention results will vary with multiple practices from the above data, but the net increases by percentage will likely be similar. • If open space is reduced, high flow rates out of each detention area will be extended over slightly longer periods, as a greater volume of water needs to be released while still not exceeding the allowable rate of flow. • The simulated detention basins were planned to feature a multi-stage outlet, including a small-storm orifice to control the 1-year storm and larger openings for storm up to the 100-year event. See the Appendix for more information. 6.03 2.97 6.41 3.11 ROSE PRAIRIE (100-YEAR) AUBURN TRAIL (100-YEAR) DETENTION BASIN SIZE (AC) DET. BASIN SIZE WITH 2022 DESIGNS DET. BASIN SIZE WITH ORD. CHANGES 197 Stormwater Study Page 7 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Potential Impacts to Ada Hayden Water Elevations in the Lake – Controlling peak release rates from each development means that water levels in the lake should not increase as long as the outlet of the lake can adequately handle peak inflows today. If the existing outlet plugs or becomes restricted, then Ada Hayden’s water level would be expected to rise due to the additional runoff volume. As noted previously, runoff volume delivered to the lake is expected to increase from existing (agricultural) conditions under both the existing requirements and the proposed changes. Information provided by City staff indicates that even if the ordinance were adjusted the runoff increases (compared to existing, agricultural conditions) caused by a 100-year event would represent less than 1% of the total volume currently stored by the lake (5.1 million gallon increase, 1.2 billion gallons of estimated lake storage). Note that the lake’s outlet design was not provided to RDG or included within our scope to be studied as a part of this report. Sedimentation – In a developed condition, there are two primary sources of sediment that could be delivered to the lake. During active site construction, sediment may enter Ada Hayden Lake if sediment and erosion control techniques are not properly installed and managed. After construction there may be a risk that the channel downstream of the lake could continue to erode without small-storm outflow management. Local requirements currently require developments meet the Channel Protection volume standard from ISWMM which can reduce further erosion downstream (assuming no further changes will be made to state law which would prevent small- storm management rules to remain in place). The Channel Protection criteria reduces erosion potential by requiring detention basins or other stormwater practices to more slowly release stormwater during storms that are equal to or less than the 1-year storm event. Other Water Quality Concerns – Nutrients, metals, and bacteria are common pollutants in urban stormwater runoff. The scope of this study did not analyze these effects specifically and reducing nutrient runoff from the developments would largely depend on the type of stormwater practices employed. Logically, since the overall runoff volume to Ada Hayden will increase, it is possible that nutrient and bacteria loading could also increase even if the concentration of these pollutants is maintained in each scenario. However, specific conclusions on water quality cannot be drawn from this report and would need a specialized study to determine any specific impacts to the lake. 198 Stormwater Study Page 8 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Alternative Options ISWMM Standards – One potential alternative we were asked to study is providing higher stormwater detention requirements to offset the reduced open space. For example, allowable release rates could be set to match the natural site conditions for the same storm event (as the city’s ordinance most recently specified). Under recent changes to Iowa law, the city may not mandate flow restriction beyond a specified minimum. The natural condition, same event standard would result in reduced release rate requirements for storms between the 5- year and 50-year storm event, compared to state law (which allows cities to control runoff to the 5-year, existing condition peak rate for these events). However, there could be an agreement offered to developers to choose to accept these more restrictive standards in exchange for revisions to the amount of open space required. When we studied this option, we found that our proposed design for each alternative already met the natural condition, same event standard. This was because the flow restriction required to meet the 100-year storm release rate standard (to a peak flow no greater than the 5-year storm event under existing conditions) kept the smaller events to a release rate below the meadow, same event standard. So, in this example, there would be no increase in the size of detention area needed to meet the natural condition standard. This may not always be the case, as it will depend on the final design of each stormwater practices. However, this demonstrates that there should be little or no increase in stormwater detention basin areas by agreeing to the natural condition, same event standard. Table 4: Example of Rose Prairie Stormwater Detention Model Results NATURAL SITE CONDITION ALTERNATE (CFS) CURRENT ALLOWABLE RELEASE RATE1 2 NATURAL CONDITION ALLOWABLE RELEASE RATE3 OUTFLOW FROM BASIN FOR CURRENT CONS. ORDINANCE4 OUTFLOW FROM BASIN FOR CONS. ORDINANCE CHANGES5 A B C D 1-YEAR6 4.6 4.6 4.4 4.1 5-YEAR 137 28 24 24 10-YEAR 137 49 43 42 100-YEAR 137 137 135 131 1 As recently adjusted to meet state law 2 For the 5- to 100-year event, taken from Hydrograph 1 in each model (5-year existing peak rate) 3 Natural condition, taken from Hydrograph 2 in each model (for each storm event) 4 Projected outflow rate from the detention basin to meet the current ordinance, taken from Hydrograph 7 in each model 5 Projected outflow rate from the detention basin to meet an adjusted ordinance, taken from Hydrograph 8 in each model 6 Release rate required to provide extended detention of the 1-year (Channel Protection volume, CPv) event Table 4 compares the release rate requirements based on the citywide ordinance for stormwater management before (Column A) and after (Column B) Iowa Senate File 455 was passed. The results of the simulated basin based on original conservation ordinance requirements are listed in Column C. The results of an enlarged basin required if the conservation ordinance is amended are listed in Column D. As noted above, the projected release rates from the basins in both Column C and Column D just happen to meet both standards in Columns A and B for all the storm events studied. So in this specific example, there is no additional detention storage required to meet the standard that would be more restrictive for events between the 5- and 100-year storm events (ISWMM based, natural condition, same storm event). 199 Stormwater Study Page 9 of 9 Ames Conservation Ordinance Ada Hayden Park Watershed Water Quality Practices –To address water quality volume in the additional runoff created, stormwater best management practices (BMPs) could include soil quality restoration or any infiltration-based practices. Soil quality restoration improves the depth of topsoil replacement or enhances the soil’s organic matter content to increase pore space to infiltrate and store more rainwater before it becomes site runoff. • For example, even one inch of additional topsoil respread across all areas not covered by impervious surfaces in each development would be expected to retain the entire projected increase of runoff volume caused by the ordinance adjustment in a 1-year storm event. • Infiltration practices such as buffer strips, bioretention cells/ swales, and permeable pavers treat the water quality volume in a similar way. Using native or engineered soils, aggregate, or other filter medias, runoff soaks through the surface of the practice allowing water to be absorbed by plants, infiltrated into soil layers, or evaporated back into the atmosphere. For specific contaminants of concern, the International Stormwater BMP Database provides research into the efficiency of each stormwater BMP type in removing such contaminants. The following conclusions can be drawn from current studies reviewed by the Database: • Phosphorous levels are best reduced by retention basins (wet-bottom ponds). • Nitrogen (as nitrate) levels can be controlled using retention ponds and bioretention cells. • Nitrogen (as ammonia) also reduces in the effluent of retention ponds, wetland basins, grass swales, vegetated filter strips, bioretention cells, media filters, and porous pavement. • Many of the BMPs listed for ammonia reductions can control metals such as lead and iron as well. • Bacteria such as E. coli can be removed with detention basins, retention ponds, wetlands, and bioretention cells. • Most of the database BMPs listed effectively removed Total Suspended Solids (TSS) (sediments). • More information on the removal of specific contaminants can be found in the Appendix. To best address all pollutants, it is recommended to use multiple practice types in series to force runoff to take advantage of the fact that different practices are more efficient at removing a specific type of pollutant than others. This approach would also reduce the reliance on a single type of practice, which might be less effective at removing a specific pollutant depending on its construction and ongoing maintenance. 200 ITEM #:35 DATE:11-12-24 DEPT:W&PC SUBJECT:WATER TREATMENT PLANT LIME POND UNDERDRAIN IMPROVEMENTS COUNCIL ACTION FORM BACKGROUND: The Water Treatment Plant is a lime softening plant. Lime residuals from the water softening process are piped to large ponds, where it is stored and dewatered. The material is removed annually and recycled by applying it to farm fields as an agricultural liming agent. The cost of the annual removal is based on the weight of the lime removed, including any remaining water. For FY 2024/25, the cost for lime removal is budgeted at $392,140. In 1997, a project was undertaken at the three oldest ponds to improve the dewatering and thus reduce the cost of disposal. Over time, the effectiveness of these improvements has been negatively impacted due to the combination of repeated excavation of lime from the cells and sediment that is plugging the drains. The drains are no longer operating as intended, resulting in increased operating costs to haul away excess water. In 2021, the original underdrains in one cell were reconstructed as a trial to see if the dewatering could be improved. The trial was successful, and now the underdrains in the other two cells are proposed to be replaced. This project will consist of installing two new underdrain systems down the mid-line of Cells 1 and 3. On September 24, 2024, City Council approved preliminary plans and specifications for the Water Treatment Plant Lime Pond Underdrain Improvements. Bid documents were sent to twelve contractors. The bid was also advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation. On October 23, 2024, four bids were received as shown in the table below. BIDDER BID AMOUNT Con-Struct Inc. Ames, IA $200,669 Keller Excavating Boone, IA $214,000 WRH, Inc. Amana, IA $316,500 JB Holland Construction Inc. Decorah, IA $371,700 Staff has reviewed the bids and determined the apparent low bid from Con-Struct Inc, of Ames, IA, is acceptable. The total estimated construction project cost is $222,000. The work was designed in-house, so there are no engineering fees. This project was included in the 2024/25 Lime Lagoon Improvements CIP Project 201 in the amount of $283,000, which also includes $61,000 to replace the existing decant pump. ALTERNATIVES: 1. Approve final plans and specifications and award a contract to Con-Struct Inc., of Ames, IA for the Water Treatment Plant Lime Pond Underdrain Improvements in the amount of $200,669. 2. Reject the bids and delay the project. CITY MANAGER'S RECOMMENDED ACTION: The lime pond underdrains are critical to the lime sludge dewatering process. Replacing the damaged underdrain and adding additional underdrains will improve the overall dewatering of the lime sludge. These drainage improvements are anticipated to result in cost savings associated with annual removal and hauling costs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 202 ITEM #:36 DATE:11-12-24 DEPT:P&R SUBJECT:MINI-PITCH COURT AT LLOYD KURTZ PARK (3710 HYDE AVE) COUNCIL ACTION FORM BACKGROUND: City Council has directed staff to construct one Mini-Pitch Soccer Court at Lloyd Kurtz Park (3710 Hyde Ave.). This mini-pitch project is classified as a public improvement due to the anticipated dollar amount of the project and requires engineered stamped drawings and review from the City's Development Review Committee (DRC). City staff contracted with Clapsaddle-Garber Associates, Inc. (CGA) for survey work, which was completed in April 2024. After the survey was completed, City staff worked with CGA to develop a scope of engineering services to provide plans and specifications for the Mini Pitch Court and a contract with CGA was executed in July 2024. DRC reviewed 90% drawings on August 7, 2024 and provided minor comments regarding the plans. At its September 24, 2024, City Council approved plans and specifications for the Mini-Pitch Court at Lloyd Kurtz Park (3710 Hyde Ave) and set October 23, 2024 as bid due date and November 12, 2024, as date of public hearing and award at the September 24, 2024 City Council Meeting. The work to complete the project was divided into four separate bid packages, described in further detail below. BID RESULTS: On October 23, 2024, bids for the project were received and are described below along with the bid amounts. Bid Package 1: The base bid for Bid Package 1 includes concrete and grading for the mini-pitch pad with a sidewalk connection to Bloomington Road. Add Alternate 1 is for adding a sidewalk from the mini-pitch court to the existing north shelter and pathway. Add Alternate 2 includes concrete for a new water drinking fountain to the south of the mini pitch. Add Alternate 3 is for installing a sidewalk from the mini-pitch to the Stonebrook Community Church existing parking lot. Bid Package #1 - Concrete and Grading Bidder Base Bid Amount Add Alternate 1 Bid Add Alternate 2 Bid Add Alternate 3 Bid Caliber Concrete $149,213.12 $29,574.15 $3,675.00 $ 3,675.00 Woodruff Construction $205,700.00 $43,700.00 $ 500.00 $21,700.00 Bid Package 2: Bid Package #2 includes the modular system for the mini-pitch court (fencing, goals, benches, gates), Musco lighting, and acrylic surfacing. The engineer's cost opinion (ECO) for this package was $150,000. Staff has contacted potential bidders and heard from one company that there was a 203 miscommunication and a bid was not submitted. The company told staff that they would submit a bid if this package is reissued. Staff recommends reissuing this bid package. Bid Package #2 - Mini-Pitch System, Lights, and Acrylic Surfacing Bidder Base Bid Amount No Bids Received $ - Bid Package 3: Bid Package 3 is for work to bring electrical wiring to the mini-pitch light system from Bloomington Road. Bid Option 1 is to integrate Musco lighting poles, lights and controls with a Musco mini-pitch modular system. Bid Option 2 is to integrate Musco lighting poles, lights and controls with a non- Musco mini-pitch modular system, as the enclosures and spacing for lighting may be different based on the modular system selected. Bid Package #3 - Electrical Bidder Bid Option 1 Bid Option 2 Van Maanen Electric Inc $ 7,610.00 $32,695.00 Klein Construction $ 7,648.00 $13,265.00 NAI Electrical Contractors $10,400.00 $14,122.00 Bid Package 4: Bid Package 4 includes water service to be pulled from Hyde Ave to the location of the proposed drinking fountain location on the south side of the mini-pitch court. There is the possibility of securing a grant for this cost, but funds have already been allocated for 2024. Information for funding in 2025 will be made available in late January. Bid Package #4 - Water Service Bidder Add Alternate 4 Ames Trenching $11,080.00 BID RESULTS COMPARED TO ENGINEER'S COST OPINION (ECO): Below is a breakdown of the total project cost based on bid results in comparison with the ECO. The base bid includes the grading and concrete for the mini-pitch pad and sidewalk connection to Bloomington Road, modular mini-pitch system, lights, and acrylic surfacing, and pulling electric to the site from Bloomington Road. 204 Engineer's Cost Opinion and Bid Results Comparison Item ECO Bid Result Amount ($) Difference Base Bid $287,746.00*$306,823.12*$19,077.12 Contingency (10%)$ 28,775.00 $ 30,682.31 $1,907.31 Site Survey $ 1,800.00 $ 1,800.00 $ - Engineering $ 20,080.00 $ 20,080.00 $ - Total Project Cost $338,401 $359,385.43 $20,984.43 *ECO and Bid Result costs for the Base Bid include the ECO for the Mini-Pitch Modular System at $150,000. Current funding available is $260,960. If Bid Package 2 comes in at $150,000, as included above, there is a funding shortfall of $98,425.43. Staff will present funding options to cover any shortfall at the December 10, 2024 City Council Meeting. ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for bid packages 1, 3, 4 and delay awarding contracts at this time. b. Direct staff to reissue Bid Package 2 - Mini-Pitch System, Lights, and Acrylic Surfacing. c. Approve preliminary plans and specifications for Mini-Pitch Project at Lloyd Kurtz Park (3710 Hyde Ave) for Bid Package 2 - Mini-Pitch System; setting December 4, 2024, as the bid due date and December 10, 2024, as date of public hearing and award of all Bid Packages (1-4). 2. Do not proceed with this project. 3. Refer back to staff with direction as to how to proceed. CITY MANAGER'S RECOMMENDED ACTION: The addition of a Mini-Pitch Court at Lloyd Kurtz Park will be a new, unique amenity within the park system and offer a new diverse recreational opportunity. Based on public outreach, the neighborhood is favorable to this project. Reissuing Bid Package 2 will allow staff to report to City Council on December 10, 2024 a comprehensive total project cost along with funding o p t i o n s . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1, as described above. 205 ITEM #:37 DATE:11-12-24 DEPT:FLEET SUBJECT:AMES CITY HALL INTERIOR UPDATES - PHASE II COUNCIL ACTION FORM BACKGROUND: In 1990, City Hall was remodeled from its previous use as a school building. At that time most of the walls were wallpapered or painted, and the majority of the offices, conference rooms, Council Chambers, and hallways were carpeted. Over the past three decades, the finishes of many areas of the building have become worn, including areas with peeling wallpaper, worn carpeting, and faded paint. City staff retained SVPA Architects to explore interior improvements in City Hall. The firm's recommendations regarding improvements included painting the walls after removing wallpaper, replacing the carpet/flooring, and considering new window shades and a partition wall between the Council Chambers and the courtroom. Following the receipt of these recommendations, in 2022 the City Hall Improvement Project was put out to bid. After receiving bids, the project was rejected due to costs being substantially higher than anticipated. Staff completed some of the project components with in-house labor and worked to split the remaining components into smaller projects that could be bid out and completed in phases. Altogether, since 2022, hallways and conference rooms have had wallpaper removed and were painted, and a contractor was retained to install new flooring in the hallways, conference rooms, Council Chambers, courtroom and Police patrol area. The contractor's work to-date is substantially finished. WORK REMAINING TO BE PERFORMED: The base bid for this project includes painting walls and replacing the ca rpet and base in all interior offices. Alternate #1 includes the cost to replace the flooring in Police Administration and Police Records. Alternate #2 includes the cost to paint both sides of the door and window frames. Alternate #3 includes the cost to paint the office side of the door frames where the corridor side has already been painted. The specifications for carpet replacement include skim coating the floor in places where asbestos-based mastic exists from the original building. This skim coating would encapsulate the asbestos in lieu of removing it, which is an approach approved by the Iowa DNR. The Engineer's Estimate to complete all the work (base bid plus all three alternates), is $590,000. On October 8, 2024, City Council approved preliminary plans and specifications for Ames City Hall Interior Updates Phase II. Bid documents were sent to six contractors. The bid was also advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation. On October 30, 2024, three bids were received as shown on the table below. 206 BIDDER BASE BID ADD ALTERNATE #1 (Police Flooring) ADD ALTERNATE #2 (Remaining 2- Sided Door/Window Frame Painting) ADD ALTERNATE #3 (Remaining 1- Sided Door/Window Frame Painting) TOTAL Engineer's Estimate $485,000 $60,000 $30,000 $15,000 $590,000 GTG Construction Des Moines, IA $288,000 $28,000 $16,000 $4,500 $336,500 Dean Snyder Construction Ankeny, IA $369,447 $54,063 $23,027 $8,034 $454,571 R.H. Grabau Construction Boone, IA $428,217 $49,374 $17,231 $5,457 $500,279 Staff reviewed the bids and determined that more time is needed to review them and ensure the companies have the type of experience this project requires. GTG Construction, the apparent low bidder, bid on the recent Library carpet replacement project, but ultimately withdrew from the project. City staff met with GTG on-site to review City Hall and the project requirements. The company has also submitted references for review, which is underway. Funding is available in the City Hall Capital Improvement project in the amount of $647,697. ALTERNATIVES: 1. Accept the report of bids and delay the award to provide staff additional time for review. 2. Reject all bids and direct staff to rebid. 3. Award a contract to one of the bidders. CITY MANAGER'S RECOMMENDED ACTION: Due to the disruptive nature of this project to City staff and customers, more investigation is necessary to ensure the selected contractor can successfully complete the project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 207 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:November 8, 2024 Subject:Closed Session Item No. 39 MEMO Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or where litigation is imminent and Section 21.5(1)(j), Code of Iowa, to discuss purchase of particular real estate City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 208