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HomeMy WebLinkAbout~Master - October 8, 2024, Regular Meeting of the Ames City Council1.Proclamation for "National Fire Prevention Week," October 6-12, 2024 2.Proclamation for "National Community Planning Month," October 2024 3.Proclamation for "Watershed Awareness Month," October 2024 4.Motion approving payment of claims 5.Motion approving Summary of Minutes of Regular City Council Meeting on September 24, 2024, and Special City Council Meeting on October 2, 2024 6.Motion approving Report of Change Orders for period September 16-30, 2024 7.Motion approving Civil Service Candidates 8.Motion approving Ownership Updates for Class E Retail Alcohol License - Cyclone Liquors, Class E Retail Alcohol License 9.Motion approving 5-Day (October 31 - November 4, 2024) Class C Retail Alcohol License - Christiani's Events, 2321 North Loop Drive 10.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Hampton Inn & Suites Ames, (2100 SE 16th Street), Special Class C Retail Alcohol License b. Wasabi Ames, (926 S. 16th Avenue), Class C Retail Alcohol License c. Dollar General Store #22303, (3407 Lincoln Way), Class B Retail Alcohol License 11.Motion approving Memorandum of Understanding with Story County to apply for grant funding under the 2024 Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program and authorize application for that grant 12.Resolution appointing Dustin Albrecht, Environmental Specialist, to the Headwaters of the South Skunk River Watershed Management Authority 13.Resolution amending Resolution No. 24-516, approved on September 24, 2024, to correct the Vendor name for the Valve Repair and Replacement at the Power Plant to Midwest Valve Services, of Schaumburg, Illinois 14.Requests from ISU Homecoming Central Committee for ISU Homecoming Events on Friday, November 1, 2024: ExCYtement in the Streets a. Motion approving blanket Temporary Obstruction Permit AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL OCTOBER 8, 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 b. Resolution approving closure of portions of Sunset Drive, Ash Avenue, Gray Avenue, and Pearson Avenue from 4:00 p.m. to 12:00 a.m. on Friday, November 1, 2024 c. Resolution approving suspension of parking regulations for closed areas from 4:00 p.m. to 11:59 p.m. on Friday November 1, 2024 Central Campus Events a. Motion approving Fireworks Permit for Saturday, November 2 beginning at 12:00 a.m. for Central Campus Mass Campaniling (pending ISU approval) 15.Resolution setting date of public hearing for October 22, 2024, to consider vacation of the existing ten foot (10') Public Utility Easement located at 3300 University Boulevard, Iowa State University Research Park Phase III, First Addition 16.Resolution waiving enforcement of prohibition of motorized vehicles in Ada Hayden Heritage Park for the Ames Triathlon on June 22, 2025 17.Resolution approving preliminary plans and specifications for the Ames City Hall - Interior Updates; setting October 30, 2024 as bid due date and November 12, 2024 as date of public hearing 18.Resolution awarding a five-year contract to Milsoft Utility Solutions, Abilene, TX, for Outage Management System and Communications Support for Electric Services in the amount of $252,686.39 19.Resolution approving and awarding contract in the amount of $57,026 to Dewey Ford of Ankeny, IA for one truck chassis to be delivered in February 2025 for Public Works Utility Maintenance division 20.Resolution awarding a contract to SystemsWorks, LLC, West Des Moines, Iowa for Systems Commissioning Services for the Fitch Family Indoor Aquatic Center Project in the not-to-exceed amount of $49,480 21.Resolution approving Amendment #1 to An Intergovernmental 28E Agreement for Combined Law Enforcement Operations 22.Resolution approving contract and bond for the 2024/25 Shared Use Path Maintenance (Contract 2) with TK Concrete of Pella, Iowa 23.Resolution approving contract and bond for the 2024/25 Water System Improvements Program - N Russell Avenue (Lincoln Way - N 2nd Street) with Iowa Water & Waste Systems of Ames, Iowa 24.Resolution approving Change Order No. 2 with JB Holland Construction Inc. for the Ash Pond Closure and RDF Ash Pond Reconstruction project in the amount of $108,907 25.Resolution approving Change Order No. 2 with All Star Concrete, LLC of Johnston, Iowa for the 2023/24 Arterial Street Pavement Improvements (Airport Rd. - University Blvd. to S. Riverside Dr.) in the amount not to exceed $68,250 26.Resolution approving partial completion of public improvements and reducing financial security on file for Domani Subdivision 1st Addition to $7,200 27.Resolution approving partial completion of public improvements and reducing financial security on file for Domani Subdivision 2nd Addition to $49,556 28.Resolution approving partial completion of Stormwater Management Maintenance requirements and reducing financial security on file for Domani Subdivision 2nd Addition to $13,067.28 29.Resolution approving completion of public improvements and releasing financial security in full for Crane Farm 6th Addition 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. 2 30.Zoning Text Amendment to allow Social Service Providers in the Single-Family Conservation Overlay (O-SFC) Zoning District a. First reading of Ordinance 31.Hearing on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement a. Resolution taking additional action on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement 32.Hearing on FY 2022/23 Story County Edge of Field Project a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Hands On Excavating, LLC of Radcliffe, IA in the amount of $221,609.07 33.Conservation Subdivision Ordinance Changes and Stormwater Modeling 34.Resolution approving Professional Services Agreement with Strand Associates, Inc. of Madison, Wisconsin, for East Lincoln Way Corridor Study (Duff Ave to S Skunk River) in an amount not to exceed $30,000 35.Motion temporarily suspending certain Civil Service hiring practices for the Police Department 36.Third reading and adoption of ORDINANCE NO. 4541 relating to Zoning Text Amendment to Planned Unit Development (PUD) Overlay Standards 37.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 HEARINGS: PUBLIC WORKS : POLICE: ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY: COUNCIL COMMENTS: 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. 3 To:Mayor and City Council From:City Clerk's Office Date:October 4, 2024 Subject:Approval of Minutes Item No. 5 MEMO Attached are the minutes for the Regular Meeting of the Ames City Council on September 24, 2024, and Special City Council Meeting on October 2, 2024. /cmw ATTACHMENT(S): C24-0924 Summary.pdf C24-1002 Summary.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 4 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 24, 2024 CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 5:59 p.m. on the 24th day of September, 2024. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Linda Murken, Story County Board of Supervisors; and Bill Zinnel, Boone County Board of Supervisors. Emily Boland, Ames Transit Agency Board of Trustees, was also present. CONSENT AGENDA: Council Member Betcher requested to pull Item No. 3. Moved by Junck, seconded by Corrieri, to approve the consent agenda less Item No. 3. 1. Motion approving Roadway Safety Targets 2. Motion approving Transit Safety Targets 3. RESOLUTION NO. 24-499 certifying project shown in the Iowa Clean Air Attainment Program (ICAAP) Grant Application conforms to the AAMPO's regional transportation planning process Vote on Motion: 10-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Chair, and hereby made a portion of these Minutes. IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) GRANT APPLICATION: Council Member Betcher asked staff to highlight how this grant interacts with the Climate Action Plan adopted by the City of Ames. Director of Public Works John Joiner noted that grant funds are designated for transportation projects and programs that result in attaining or maintaining the national ambient air quality standards (NAAQS). He furthered that AAMPO is in attainment of the NAAQS, and ICAAP funds are available for projects in the area which result in further reductions in vehicle emissions and traffic congestion. Moved by Betcher, seconded by Murken, to adopt RESOLUTION NO. 24-499 certifying that the projects shown in the Iowa Clean Air Attainment Program (ICAAP) Grant Application conforms to the AAMPO's regional transportation planning process. Vote on Motion: 10-0. Motion declared carried unanimously. SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT AGREEMENT: Transportation Planner Kyle Thompson presented the agreement, which would allow staff to begin work on creating a Comprehensive Safety Action Plan. He highlighted in response to Council Member Beatty-Hansen that safe routes to school will be addressed in an effort separate from the SS4A agreement. Moved by Junck, seconded by Rollins, to adopt RESOLUTION NO. 24-500 approving Safe 5 2 Streets and Roads for All (SS4A) Grant Agreement with the US DOT. Vote on Motion: 10-0. Motion declared carried unanimously. POLICY COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn the meeting at 6:05 p.m. Vote on Motion: 10-0. Motion declared carried unanimously. REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 24, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor Haila at 6 :07 p.m. on the 24th day of September, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Emily Boland was also present. PROCLAMATION FOR "ECOFAIR DAY," SEPTEMBER 28, 2024: Mayor Haila proclaimed September 28, 2024, as EcoFair Day. Jake Moore, Stormwater Specialist, and Liz Calhoun, Stormwater Resource Analyst, accepted the proclamation and invited the community to attend. PROCLAMATION FOR "KOSHU CITY DAY," OCTOBER 15, 2024: Mayor Haila proclaimed October 15, 2024, as Koshu City Day. Ames International Partner Cities Association Board President Karla McCollum and past president Cindy Hicks accepted the proclamation alongside members of the association and student delegates. CONSENT AGENDA: Council Member Betcher requested to pull Item No. 9, and Mayor Haila pulled Item No. 24. Moved by Corrieri, seconded by Beatty-Hansen, to approve the consent agenda. 3. Motion approving payment of claims 4. Motion approving Summary of Minutes of Regular City Council Meeting on September 10, 2024, and Special City Council Meeting on September 17, 2024 5. Motion approving Report of Change Orders for period September 1-15, 2024 6. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Hy-Vee Food & Drugstore #2, (640 Lincoln Way), Class E Retail Alcohol License b. Hy-Vee Food Store #1, (3800 W. Lincoln Way), Class E Retail Alcohol License c. Boulder Tap House, (114 South Duff Avenue), Class C Retail Alcohol License d. Flipn’ Jacks Pancake House and Eatery, (1520 South Dayton Avenue), Class C 6 3 Retail Alcohol License, Pending Dramshop Review e. Sips & Paddy’s Irish Pub, (126 Welch Avenue), Class C Retail Alcohol with Outdoor Service f. Aldi, Inc. #48, (108 South 5th Street), Class B Retail Alcohol Permit g. Macubana, (116 Welch Avenue), Special Class C Retail Alcohol License 7. Requests from American Campus for Leasing Kickoff Event on September 26, 2024: a. Motion approving Blanket Vending License b. RESOLUTION NO. 24-501 approving closure of Stanton Avenue from Chamberlain Street to a point 225 feet south of the intersection with Chamberlain Street from 3:00 p.m. to 7:00 p.m. c. Motion approving closure of 5 on-street metered parking spaces from 3:00 p.m. to 7:00 p.m. 8. Requests from Ames History Museum for Grand Reopening on October 26, 2024: a. Motion approving closure of Douglas Avenue from Fifth Street to the alley south of 412 Douglas Avenue b. Motion approving closure of 8 on-street parking meters from 10:00 a.m. to 10:00 p.m. c. RESOLUTION NO. 24-502 approving waiver of parking meter fees and enforcement for Ames History Museum from 10:00 a.m. to 10:00 p.m. 9. RESOLUTION NO. 24-503 accepting donation of sculpture for Public Art Inventory 10. RESOLUTION NO. 24-504 approving and adopting Supplement No. 2024-4 to the Ames Municipal Code 11. RESOLUTION NO. 24-505 authorizing the Mayor to sign Certificate of Consistency with the City's 2024-2029 CDBG Consolidated Plan on behalf of The Bridge Home and YSS for funding under the State of Iowa's Continuum of Care Grant Funding Program 12. RESOLUTION NO. 24-506 approving request to modify the City's FY 2024/25 ASSET contract with ChildServe 13. RESOLUTION NO. 24-507 to fix a date for public hearing on proposal to enter into a Sewer Revenue Loan and Disbursement Agreement and to borrow money thereunder in a principal amount not to exceed $65,185,000 14. RESOLUTION NO. 24-508 approving preliminary plans and specifications for FY 2024/25 Water Treatment Plant Lime Ponds Underdrain Improvements Project, setting October 23, 2024, as bid due date and November 12, 2024, as date of public hearing and award 15. 2024/25 Traffic Signal Program a. RESOLUTION NO. 24-509 awarding traffic signal poles purchase to CSLA Iowa, the Iowa Agent for Millerbernd, of Des Moines, Iowa, in the amount of $59,934.00 for 2024/25 Traffic Signal Program b. RESOLUTION NO. 24-510 approving preliminary plans and specifications for the construction of the 2024/25 Traffic Signal Program, setting October 16, 2024, as the bid due date and October 22, 2024, as the date of Public Hearing 16. RESOLUTION NO. 24-511 approving award for banking services for First National Bank for Fiscal Years 2024/2025, 2025/2026, and 2026/2027, with a three-year renewal option 17. RESOLUTION NO. 24-512 awarding contract to HDR Engineering, Inc., of Omaha, NE, for Consultant for Power Generation Life Assessment, in the amount of $98,000 7 4 18. RESOLUTION NO. 24-513 awarding a contract to Terracon Consultants, Inc., of Des Moines, IA for Concrete and Geotechnical Testing and Inspection Services for the Water Pollution Control Nutrient Reduction Facility Modifications Phase I, in the amount of $67,885.00 19. RESOLUTION NO. 24-514 approving award of contract to New Flyer, of St. Cloud, Minnesota, for purchase of Articulated Buses for a total not to exceed an amount of $1,967,741 20. RESOLUTION NO. 24-515 approving award of contract to MHC Kenworth, of Des Moines, Iowa, for CyRide Reconditioned Replacement Engines for a total cost of $120,829.89 21. RESOLUTION NO. 24-516 to waive purchasing policy requirement for formal bidding procedures for Valve Repair and award a contract to Novaspect Inc., of Carol Stream, IL, in the amount of $111,771 (inclusive of sales tax) 22. RESOLUTION NO. 24-517 approving Change Order No. 1 with HTH Companies, Inc., of Union, MO, for the Non-Asbestos Insulation and Related Services and Supply Contract at the Power Plant, in the amount of $90,000 23. RESOLUTION NO. 24-518 approving Change Order No. 1 with Earth Services & Abatement (ESA) LLC., for Asbestos Remediation and Related Services and Supply Contract at the Power Plant, in an amount of $60,000 24. RESOLUTION NO. 24-519 approving Change Order No. 13 with Henkel Construction Company, of Ames, Iowa for the Steven L. Schainker Plaza in the amount of $7,296.83 bringing the total contract cost to $4,604,567.31 25. RESOLUTION NO. 24-520 accepting the Switchgear Routine Maintenance Services Project at the both the Water and WPC plants as completed by Tri-City Electric of Ames, IA in the final amount of $80,808 26. RESOLUTION NO. 24-521 accepting Cooling Tower Blowdown Spray Modification project as completed by Keller Excavating Inc., of Boone, Iowa, in the amount of $354,894.20 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DONATION OF SCULPTURE FOR PUBLIC ART INVENTORY: Assistant City Manager Brian Phillips reviewed the history of the sculpture and discussed the typical accession procedures for pieces into the Public Art Inventory. Moved by Betcher, seconded by Gartin, to request staff return to the Public Art Commission to relay that the City Council is not interested in accepting the donation of the proposed sculpture unless there can be some provenance produced that suggests it is worth investing City dollars in preserving the sculpture in a park. Vote on Motion: 6-0. Motion declared carried unanimously. CHANGE ORDER NO. 13 FOR THE STEVEN L. SCHAINKER PLAZA: City Attorney Mark Lambert and Fleet Services Director Corey Mellies discussed the change orders issued for the project, highlighting that a previously approved change order that included frost prevention under ice was not considered betterment by the City. Director Mellies also reviewed the contingency fund for the project per the request of Council Member Gartin. 8 5 Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 24-524 approving Change Order No. 13 with Henkel Construction Company, of Ames, Iowa for the Steven L. Schainker Plaza in the amount of $7,296.83 bringing the total contract cost to $4,604,567.31. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: The Public Form was opened by Mayor Haila. Maddy Nasuti, 521 Northwestern Avenue, Ames, discussed concerns with the lack of security or police presence at Pridefest, highlighting the safety risk for the population attending and staff working the event. Per the request of Mayor Haila, Chief of Police Geoff Huff responded to the safety concerns expressed in regard to the Pridefest event. He noted that at the request of the event organizers, Police Department staff increased patrol in the area and did a walk through of the event. He stated event organizers provided the Department with a Public Safety and Event Management Plan and declined to hire an officer to staff the event. Mayor Haila emphasized that the City Council and staff consider community safety to be a top priority. The Public Forum was closed by Mayor Haila when no one else came forward to speak. AMES CITY AUDITORIUM HVAC REPLACEMENT PROJECT: Director Mellies presented the bids, highlighting how the project would help the City reach the goals outlined in the Climate Action Plan (CAP). Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 24-522 approving final plans and specifications and awarding a contract to Mechanical Comfort, Inc. of Ames, Iowa in the amount of $1,430,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Betcher, seconded by Rollins, to approve the use of $332,081 from the Council Priorities Capital Fund. Vote on Motion: 6-0. Motion declared carried unanimously. 2025 FORD F150 LIGHTNING CREW CAB PICKUPS: Director Mellies shared that staff had presented this item at a previous City Council meeting and was now requesting to add two more 2025 Ford F150 Lightning crew cab pickups to the fleet as part of the fleet replacement program and CAP priorities. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 24-523 awarding 9 6 contract to Karl Ford of Story City in the amount of $86,932 for two 2025 Ford F150 Lightning crew cab pickups. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. MINI PITCH COURT AT LLOYD KURTZ PARK: Parks and Recreation Director Keith Abraham and Recreation Superintendent Courtney Kort reviewed the plans and specifications. Moved by Gartin, seconded by Beatty-Hansen, to direct Parks and Recreation staff to explore the possibility of acquiring public sponsorships for the Mini Pitch as a way to make the project more cost effective. Vote on Motion: 5-1, Corrieri dissenting. Motion declared carried. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 24-524 approving plans and specifications for Mini Pitch Court at Lloyd Kurtz Park (3710 Hyde Ave), setting October 23, 2024, as bid due date and November 12, 2024, as date of public hearing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. REQUEST TO WAIVE INFRASTRUCTURE REQUIREMENTS FOR DAYTON RIDGE SUBDIVISION LOCATED WITHIN RURAL STORY COUNTY: Planner Justin Moore presented the waiver request, noting that staff was supporting approval of a conditional waiver. 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. 24-525 approving conditional waiver of preparing a preliminary plat meeting City design and infrastructure standards, and retaining approval authority of a Final Plat subsequent to receiving Preliminary Plat approval from Story County. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON MAJOR SITE DEVELOPMENT PLAN WITHIN THE ENVIRONMENTALLY SENSITIVE OVERLAY AT 1205 AND 1399 S. DAYTON AVENUE: Planner Moore reviewed the Major Site Development Plan. The Public Hearing was opened by Mayor Haila. Scott Renaud appeared on behalf of property owner Dave Wheelock. He highlighted that Mr. Wheelock had obtained the necessary permits for excavation of the pond from the Iowa Department of Transportation (IDOT), as the soil was being used for an IDOT related project, and did not realize that additional permits were required from the City of Ames. He furthered that work to the property was done with erosion maintenance in mind. 10 7 The Public Hearing was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-526 approving Major Site Development Plan for 1205 South Dayton Avenue on the basis that the Plan meets the O-E Overlay and Major Site Development Plan standards. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON FIRST AMENDMENT TO THE FY 2024/25 ADOPTED BUDGET: Director of Finance Corey Goodenow and Budget Manager Nancy Masteller provided an overview of the amendment. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Beatty-Hansen, seconded by Rollins, to adopt RESOLUTION NO. 24-527 amending the fiscal year 2024/25 budget to increase expenditures by $114,995,065 for carryover amounts from fiscal year 2023/24 and other significant changes to the fiscal year 2024/25 budget. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ASSESSMENTS FOR SNOW/ICE REMOVAL: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 24-528 assessing cost of snow/ice removal and certifying assessments to Story County Treasurer on identified properties. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON ASSESSMENTS FOR SIDEWALK REPAIR/REPLACEMENT: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-529 assessing cost of sidewalk repair/replacement and certifying assessments to Story County Treasurer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SECOND READING OF ORDINANCE RELATING TO ZONING TEXT AMENDMENT TO PLANNED UNIT DEVELOPMENT (PUD) OVERLAY STANDARDS: Moved by Beatty-Hansen, seconded by Corrieri, to pass on second reading an Ordinance relating to Zoning Text Amendment to Planned Unit Development (PUD) Overlay Standards. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4539 RELATING TO ZONING TEXT AMENDMENT TO AMEND THE EXCEPTION STANDARDS FOR 11 8 THE DOWNTOWN SERVICE CENTER "DSC" ZONING DISTRICT: Moved by Rollins, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4539 relating to Zoning Text Amendment to amend the Exception Standards for the Downtown Service Center "DSC" Zoning District. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were five items to consider. The first item was from Jennifer Hudd regarding volunteer input for the planning process of the future Ames Animal Shelter. Moved by Beatty-Hansen, seconded by Betcher, to refer to staff for facilitation of the public improvement process and request that staff respond to the individual, noting that volunteers will have the opportunity to provide input. Vote on Motion: 6-0. Motion declared carried unanimously. The Commission on the Arts (COTA) FY 2023-24 Annual Grant Final Reports and Spring 2024 Special Project Grant Final Reports were the second and third items. Mayor Haila noted they were for information only. The fourth item from Matt Weiss concerned the 24th Street sidewalk. Council Member Gartin noted that he had already responded to the individual and communicated that the sidewalk would be constructed in the current phase of the 24th Street project. A Ride-Share Electric Scooter Business proposal from Brian Heenan was the final item. Moved by Betcher, seconded by Rollins, to respectfully deny the proposal as Iowa State University does not have interest in micromobility on campus, therefore the City of Ames is not choosing to move forward with the request. Vote on Motion: 6-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. Moved by Gartin, seconded by Corrieri, to request that staff provide photographs of yards that are compliant under the Property Maintenance ordinance that would not have been compliant previously as part of the annual report. Motion withdrawn. Moved by Gartin to request staff provide photographs that would help in the reassessment of the Property Maintenance ordinance as part of the annual report. Motion failed due to lack of second. 12 9 Moved by Beatty-Hansen, seconded by Rollins, to request staff provide a memo on the topic of City liability as it concerns mass casualty or terrorist events. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri to adjourn the meeting at 8:06 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 13 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 2, 2024 The Special Meeting of the Ames City Council was called to order by Mayor Pro Tem Amber Corrieri at 6:00 p.m. on the 2nd day of October, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Tim Gartin, and Rachel Junck. Council Members Gloria Betcher and Anita Rollins joined the meeting electronically. Ex officio Emily Boland was absent. AMENDMENT TO CHAPTER 28, DIVISION I, TO CORRECT SMALL COMMERCIAL ENERGY RATE: Director of Electric Services Donald Kom noted that the amendment was a correction to a typographical error. Moved by Beatty-Hansen, seconded by Junck, to pass on first reading an Ordinance amending Chapter 28, Division I, to correct Small Commercial Energy Rate. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Beatty-Hansen, to suspend the rules to allow second and third reading and adoption of ORDINANCE NO. 4540 amending Chapter 28, Division I, to correct Small Commercial Energy Rate. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to pass on second and third readings and adopt ORDINANCE NO. 4540 amending Chapter 28, Division I, to correct Small Commercial Energy Rate. Roll Call Vote: 6-0. Motion declared carried unanimously. UPDATE ON DOWNTOWN AMES REINVESTMENT DISTRICT FINAL APPLICATION AND LINC DEVELOPMENT PROJECT: Director of Planning and Housing Kelly Diekmann presented the Council Action Form and answered questions from the City Council. Moved by Gartin, seconded by Betcher, to approve RESOLUTION NO. 24-530 approving submittal of final application to Iowa Economic Development Authority. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Gartin, to adjourn the meeting at 6:33 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. 14 2 __________________________________ ____________________________________ Jeramy Neefus, Principal Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 15 To:Mayor & City Council From:City of Ames Purchasing Division Date:October 4, 2024 Subject:Report of Contract Change Orders Item No. 6 MEMO The Report of Change Orders for period September 16-30 2024, is attached for your review and consideration. ATTACHMENT(S): Change Order Report - September 16-30, 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 16 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 Transformer Oil Reconditioning and Repair 1 $89,328.95 Delta Star, Inc. $0.00 $12,603.31 D.Kom JB Electric Services Control Valve Repair at the Power Plant 1 $111,771.00 Midwest Valve Services LLC $0.00 $7,823.97 D. Kom AM Parks & Recreation Bid Package 03-3 Precast Concrete & Structural Steel 2 $2,211,000.00 Core Construction, LLC $22,065.00 $3,979.00 B. Phillips KS Parks & Recreation Bid Package 26-1 Electrical, Communications, Electronic Safety & Security Work 2 $1,477,436.00 Van Maanen Electric, Inc.$21,953.00 $14,237.00 B. Phillips KS $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:September 2024 For City Council Date:October 8, 2024 17 To:Mayor & City Council From:City Clerk's Office Date:October 4, 2024 Subject:Approval of Civil Service Candidates Item No. 7 MEMO Attached are the minutes for the Regular Meeting of the Civil Service Commission held on September 26, 2024. ATTACHMENT(S): Sept 26 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 18 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA SEPTEMBER 26, 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, Kim Linduska and Larry Conley present. Linduska called the meeting to order at 8:15 AM on September 26, 2024. Also in attendance was HR Director, Bethany Ballou, and Legal Counsel, Erin Clayton with Brick Gentry P.C. and with Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF AUGUST 22, 2024: Moved by Pike, seconded by Conley, to approve the Minutes of the August 22, 2024, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. APPROVAL OF MINUTES OF SEPTEMBER 13, 2024: Moved by Linduska, seconded by Pike, to approve the Minutes of the September 13, 2024, Special Service Commission meeting. Vote on Motion: 3- 0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Conley, seconded by Linduska, to certify the following individuals to the Ames City Council as Entry-Level Applicants: GIS Specialist Freddy Segura 81 Taha Adlulaimi 74 Housing Inspector Noah Kuehl 85 Lance Martens 78 Human Resources Officer I Shaylene Houston-Ballentine 87 Amber Davis 78 Ice Arena Coordinator Alex Tiengkham 77 Abigail Nelson 73 Power Plant Custodian Laurie Molle 86* Tammy Jo Sonich 79 Renae J. Sudbeck-Lowe 79 Michael Whaley 78 Nichole Schall 73 Principal Clerk – CyRide Matthew Crain 78 Baylee Fassler 75 Public Safety Dispatcher Laurie Molle 86* Jason Vennard 85* Ashley Benson-Holmes 77 Benjamin Brotherson 75 Kristina Brekke 72 Transit Trainer Timothy Burry 79* Heidi Ragusi 76 Philip Roetman 74 *Includes preference points Vote on Motion: 3-0. Motion declared carried unanimously. 19 RECEIVE AND FILE JOINT MOTION TO RESET HEARING DATE: Moved by Linduska, seconded by Conley, to receive and file Joint Motion to Reset Hearing Date for Termination Appeal for Sarah McClure for November 13 and November 14, 2024. Vote on Motion: 3-0. Motion declared carried unanimously. RATIFY NOTICE OF HEARING DATE: Moved by Pike, seconded by Conley, to ratify Notice of Hearing Date November 13 and November 14, 2024. COMMENTS: The next Regular Meeting will be held in-person on Thursday, October 24, 2024, at 8:15am in Council Chamber of City Hall. ADJOURNMENT: The meeting adjourned at 8:26 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 20 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:October 8, 2024 Subject:Motion approving Ownership Updates for Class E Retail Alcohol License - Cyclone Liquors - Backroom Only, Class E Retail Alcohol License Item No. 8 MEMO Please see the attached documentation for a motion approving Ownership Updates for Class E Retail Alcohol License - Cyclone Liquors - Backroom Only. Cyclone Liquors holds two licenses, one for the premises of the store, which was approved at the September 10, 2024 City Council Meeting, and one for Cellar 626 in the back of the building. This license update is for the Cellar 626 premise. ATTACHMENT(S): Cyclone Liquors - Backroom Only Ownership Updates.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 21 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Elegant Investments LLC NAME OF BUSINESS(DBA) Cyclone Liquors BUSINESS (515) 233-2327 ADDRESS OF PREMISES 626 Lincoln Way Back Room Only PREMISES SUITE/APT NUMBER Back Room Only CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 626 Lincoln Way Back Room Only CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Roger Esser PHONE (515) 233-2327 EMAIL info@cycloneliquors.com License Information LICENSE NUMBER LC0041438 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Jan 16, 2024 EXPIRATION DATE Jan 15, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES 22 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Karlton Kleis Grimes Iowa 50111 Member 23.00 Yes Roger Esser Ames Iowa 50010 Managing Member 15.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP Chittenden Holdings, LLC 87-4108305 Waukee Iowa 50263 59.60 Insurance Company Information INSURANCE COMPANY Illinois Casualty Co 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 23 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:October 8, 2024 Subject:5-Day (October 31 - November 4, 2024) Class C Retail Alcohol License - Christiani's Events, 2321 North Loop Drive Item No. 9 MEMO Please see the attached documentation for a motion approving 5-Day (October 31 - November 4, 2024) Class C Retail Alcohol License - Christiani's Events, 2321 North Loop Drive. ATTACHMENT(S): Christiani's 5-Day 10.8.24.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 24 Page 1 of 2 Applicant NAME OF LEGAL ENTITY CHRISTIANI'S EVENTS, L.L.C. NAME OF BUSINESS(DBA) Christiani's Events BUSINESS (515) 360-8069 ADDRESS OF PREMISES 2321 North Loop Drive PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1150 East Diehl AvenueJordan Park CITY Des Moines STATE Iowa ZIP 50315 Contact Person NAME Peter Worsham PHONE (515) 360-8069 EMAIL christianiscatering1@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 5 Day STATUS Pending Dramshop Review TENTATIVE EFFECTIVE DATE Oct 31, 2024 TENTATIVE EXPIRATION DATE Nov 4, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES 25 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Carol Christiani Des Moines Iowa 50321 LLC member 100.00 Yes Insurance Company Information INSURANCE COMPANY Founders Insurance 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 26 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:September 18, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 10 MEMO The following licenses are eligible for renewal: a. Hampton Inn & Suites Ames, (2100 SE 16th Street), Special Class C Retail Alcohol License b. Wasabi Ames, (926 S. 16th Avenue), Class C Retail Alcohol License c. Dollar General Store #22303, (3407 Lincoln Way), Class B Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for the above listed businesses. Therefore, the Ames Police Department recommends the license renewal for these businesses. 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 27 ITEM #:11 DATE:10-08-24 DEPT:POLICE SUBJECT:2024 DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM COUNCIL ACTION FORM BACKGROUND: In September 2024, the Ames Police Department received notice that it is eligible for grant funds through the 2024 Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program. There grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, as well as research and evaluation activities that will improve or enhance law enforcement programs related to criminal justice. Because the Story County Sheriff provides jail services for the county, the grant conditions require that the Sheriff participate in the grant application for funding under this JAG program. Therefore, it would be appropriate for the City enter into a Memorandum of Understanding with the Story County for acquisition and use of the funds. Total funding potentially available to the Ames Police Department and the Story County Sheriff ’s Office through this grant offering is $14,601. There is no match required with this grant. If awarded, grant funds will be used to: 1. Send staff to a Crisis Intervention Team conference and provide supplemental mental health and officer wellness training to staff. 2. Provide officers with standing desks so officers could choose to stand or sit while working on reports. 3. Purchase a digital camera for investigations. The current camera is outdated and is not compatible with sending files to the State of Iowa Division of Criminal investigations. 4. Purchase tourniquets to supply every officer with a tourniquet and associated equipment to carry on their duty belt or duty gear. The grant requires that the Mayor sign a Memorandum of Understanding with Story County as well as a certifications and assurances document indicating that the City will abide by the grant terms and conditions. These documents have been reviewed and approved by City’s Legal Department. ALTERNATIVES: 1. Approve the Memorandum of Understanding with Story County to apply for grant funding under the 2024 Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program and authorize application for that grant. 2. Do not approve the agreement with the Story County or the Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant application. CITY MANAGER'S RECOMMENDED ACTION: 28 CITY MANAGER'S RECOMMENDED ACTION: JAG funds have been used productively during the past few years to purchase equipment and provide training. The program has proven to be a valuable source of funds for special purchases and programs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 2024 Byrne Grant MOU.doc 29 THE STATE OF IOWA KNOW ALL BY THESE PRESENT COUNTY OF STORY MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF AMES, IOWA, AND STORY COUNTY, IOWA JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this____day of________, 2024, by and between the Story County, Iowa, acting by and through the Chairman of the County Board of Supervisors as an authorized agent for the county, hereinafter referred to as COUNTY, and the City of Ames, acting by and through the Mayor as an authorized agent for the city, hereinafter referred to as AMES, both of Story County, State of Iowa, witnesseth: WHEREAS, under the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2024 Edward Byrne Memorial Justice Assistance Grant Formula Program, Local Solicitation, hereinafter referred to as GRANT, funds have become available to the parties for use in improving law enforcement programs; and WHEREAS, the GRANT requires that the COUNTY and AMES agree on process for filing an application for the acquisition, administration and expenditure of those funds; and, WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of funds and costs is equitable; NOW THEREFORE, AMES and COUNTY agree as follows: Section 1. The parties are eligible for funding through the GRANT of up to $14,601.00. The parties agree that AMES will file a single application on behalf of both parties that provides for distribution of funds as follows: To AMES - $14,601.00 to support the community and officer wellness program and to purchase standing desks, tourniquets, and digital crime scene camera. Section 2. AMES shall be designated as the fiscal agent for the purposes of this GRANT and shall be responsible for all administrative support to meet the requirements of the GRANT. COUNTY shall not be responsible for any costs associated with the administration of the GRANT. Section 3. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. 30 Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; nor do they intend to create a separate legal entity for the purposes of this GRANT, specifically they do not intend to create a legal entity authorized by Chapter 28E of the Code of Iowa; further, this Agreement shall not create any rights in any party not a signatory hereto. IN WITNESS THEREOF, the parties have caused this Agreement to be signed by their authorized representatives. Story County By: Latifah Faisal, Chair _____________________________________ Story County Board of Supervisors Signature City of Ames By: John Haila, Mayor _____________________________________ City of Ames Signature 31 ITEM #:12 DATE:10-08-24 DEPT:W&PC SUBJECT:APPOINTMENT TO HEADWATERS OF THE SOUTH SKUNK RIVER WATERSHED MANAGEMENT AUTHORITY COUNCIL ACTION FORM BACKGROUND: Iowa Code Section 466B.22, Sub-Chapter II allows political subdivisions located within the same United States Geological Survey Hydrologic Unit Code 8 watershed to create a Watershed Management Authority (WMA) by entering into a 28E agreement. The purpose of such authorities is to enable cooperation in supporting watershed planning and improvements for the mutual advantage of the political subdivisions involved. The City of Ames has entered into a 28E agreement as a part of the Headwaters of the South Skunk River WMA. Prior to July 2023, the City's designated representative was a City Council member. On July 18, 2023, Council voted to appoint Tracy Peterson, who was the Municipal Engineer at the time, to become the City's designated representative. With Ms. Peterson's departure from the City, a new designee is needed. Dustin Albrecht, Environmental Specialist with the Water & Pollution Control Department, has interacted with the WMA and its constituent members for several years, forming partnerships that continue to benefit the City's non-point source nutrient reduction efforts. It is recommended that he be appointed as the City of Ames representative on the WMA. ALTERNATIVES: 1. Approve the appointment of Dustin Albrecht, Environmental Specialist, to the Headwaters of the South Skunk River Watershed Management Authority. 2. Name a different appointee to the WMA. CITY MANAGER'S RECOMMENDED ACTION: Mr. Albrecht has been involved in the technical aspects of the WMA's watershed efforts for several years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 32 To:Mayor and City Council From:Donald E. Kom, Director of Electric Services Date:October 8, 2024 Subject:Vendor Name Correction for Valve Repair Contract Item No. 13 MEMO On September 24, 2024, City Council awarded a contract to Novaspect Inc, of Carol Stream, IL for Control Valve Repair at the Power Plant. Novaspect is the approved distributor and service provider for the Fisher control valves which need to be rebuilt as part of this project. Midwest Valve Services, of Schaumburg, IL, is a subsidiary of Novaspect. This subsidiary is the firm that will complete the rebuilding of the valves and associated work. Therefore, it is necessary for the City Council to authorize the purchase order to be written to Midwest Valve Services, of Schaumburg, IL. 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 33 ITEM #:14 DATE:10-08-24 DEPT:ADMIN SUBJECT:REQUESTS FROM ISU HOMECOMING CENTRAL COMMITTEE FOR ISU HOMECOMING EVENTS COUNCIL ACTION FORM BACKGROUND: From October 27 through November 2, the Homecoming Central Committee at Iowa State University is again planning to host its annual Homecoming activities. The events this year include the Homecoming Kickoff Event on Sunday October 27 at the ISU Alumni Center, the traditional ExCYtement in the Streets lawn displays on Friday November 1, and Mass Campaniling at midnight on Friday night/Saturday morning, November 2. The Kickoff Event on October 27 will be held at the ISU Alumni Center in partnership with ISU Athletics, the Ames Farmers Market, and the Blue Sky 5K Race. No City Council action is necessary to approve this portion of the events. ExCYtement in the Streets consists of Greek chapter lawn displays on Friday, November 1. These displays will be exhibited between approximately 6:30 p.m. and 10:00 p.m. To facilitate this event, organizers are asking the City Council to approve the following requests: Closure of Sunset Drive from Ash Avenue to just east of the intersection with Gray Avenue Closure of Ash Avenue from Gable Lane to Knapp Street (Knapp and Gable will remain open) Closure of Gray Avenue from its intersection with Gable Lane to Greeley Street Closure of Pearson Avenue between Greeley Street and Sunset Drive Temporary Obstruction Permit for the closed areas as well as the Greek Triangle, which will be used for the judging of the displays Streets will be closed at approximately 4:00 p.m. and will be reopened by 11:59 p.m. On-street parking will also be prohibited on these streets from 4:00 p.m. to 11:59 p.m. on Friday, November 1. Public Works will provide the barricades necessary for the street closures along with “No Parking” signs. Organizers will be responsible for staffing the barricades while they are in place. Organizers have indicated they will notify affected non-Greek residents by going door-to-door with information. Mass Campaniling will be held on Central Campus on Friday, November 1. Organizers also plan to hold the annual fireworks display on Central Campus at midnight as part of Mass Campaniling. Organizers have informed staff that the fireworks display will be shortened to approximately one-third the length of previous years' displays. Approval of the Fireworks Permit will be conditioned upon receiving ISU approval for the submitted application. ALTERNATIVES: 1. Approve the requests from the Homecoming Central Committee for street and parking closures, Temporary Obstruction Permit, and Fireworks Permit for November 1-2, 2024. 2. Deny the requests. 34 CITY MANAGER'S RECOMMENDED ACTION: The Iowa State University Homecoming Central Committee plans Homecoming events that are inclusive to all students, faculty, staff, and community members with the intent to involve as many participants as possible. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Special Event Application - ExCytement in the Streets - CC.pdf Mass Campeniling Application - CC.pdf Homecoming 2024 - LOS Chamber.pdf Fireworks Permit Application - ISU Homecoming 2024-11-01.pdf 35 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 : 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 Date Time M T W R F Sa Su Event Starts Date Time M T W R F Sa Su r ein ries 36 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 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 : 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 Date Time M T W R F Sa Su Event Starts Date Time M T W R F Sa Su r ein ries 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 AmesAlliance.com 304 Main Street Ames, Iowa 50010 40 IOWA STATE UNIVERSITY FACILITY AND GROUNDS USE AGREEMENT (FIREWORKS) This Facility and Grounds Use Agreement (“Agreement”) is entered into by Iowa State University of Science and Technology (“ISU”), and J&M Displays, Inc., 18064 170th Avenue, Yarmouth, IA 52660 (“Display Operator”). The Effective Date of this Agreement shall be the date on which the last party signs this Agreement. Attachments A and B are incorporated into this Agreement by reference. 1. Permission to Use Space. ISU grants Display Operator and Display Operator’s Sponsoring Organization (See Attachment A) permission to use the space described in Attachment A (Fireworks Application and Attachments and ISU Policy, Procedures) during the period described in Attachment A. 2. Use of Space; ISU Access to Space. Display Operator may use the Space only for the purpose described in Attachment A. Display Operator acknowledges that others may be using other areas of ISU’s property during the Use Period. Display Operator shall not disrupt such use by others. ISU reserves the right to inspect the Space, access the Space to perform maintenance, enforce applicable laws, regulations, and policies and remove any person who is disruptive to ISU’s operations or where ISU reasonably believes such person is acting in an unsafe manner or may cause or has caused harm to people, the Space, or other property. 3. Compliance with Law and ISU Policies. Display Operator shall comply with, and shall require its employees, agents, subcontractors and guests to comply with, all applicable laws, regulations, ordinances and ISU policies. ISU policies include, but are not limited to, the following prohibitions in ISU buildings and on ISU property: (a) smoking; (b) alcohol, unless prior written permission has been granted; (c) intoxicants, narcotics, and drugs; (d) firearms, weapons, ammunition, fireworks, explosives, and highly flammable materials; (e) gambling; and (f) solicitation. Motor vehicles of any type are prohibited from being driven on ISU sidewalks or outdoor green space areas. Illegally parked vehicles will be ticketed and subject to towing, without warning, at the owner’s expense. Display Operator shall obtain the consent of ISU before bringing, or permitting its employees, agents, subcontractors or guests to bring animals on ISU property and shall comply with ISU’s Animals on Campus policy and other applicable policies. Prior consent is not required when the animal is assisting persons with disabilities. With this agreement ISU grants Fireworks Display Operator permission to use fireworks. 4. Display Operator Equipment and Property. ISU shall not be responsible for loss or damage to property, material, or equipment belonging to Display Operator or its employees, agents, subcontractors, guests or sponsoring organization (“Display Operator Property”). Display Operator shall remove all Display Operator Property as agreed to in Attachment A or promptly upon termination or cancellation of this Agreement. ISU may remove and store any Display Operator Property that Display Operator fails to remove. Display Operator shall pay all expenses associated with such removal or storage. 5. Decorations and Publicity. All signs, banners, decorations, displays, and exhibits and the location of such items must have prior written approval from ISU. The parties agree not to use the name or trademarks of the other party or the name of any of the other party’s employees in publicity or advertising without the prior written consent of the other party. Display Operator may use ISU’s name when providing the address of the location of Display Operator’s event. Unless express written permission has been granted, Display Operator shall not represent or imply that it is affiliated with ISU or that Display Operator’s event is endorsed or approved by ISU. 6. Vacating Space. Display Operator shall vacate the Space at the end of the Use Period or upon cancellation of this Agreement and leave the Space in as good condition as the Space was upon entry by Display Operator, reasonable wear and tear excepted. Except for reasonable wear and tear, Display Operator shall be responsible for any damage to or loss of ISU property caused by Display Operator or Display Operator’s employees, agents, subcontractors or guests and for any excessive trash. Display Operator shall notify ISU immediately of any such damage or loss. ISU may repair or replace such damaged or lost ISU property and remove excessive trash. In such event, ISU shall provide Display Operator with an invoice for the costs incurred by ISU for such repair, replacement or removal and Display Operator shall pay such invoice within fifteen days of receipt. 7. Financial. There is no fee for the use of space for the firework’s shoot site. 8. Insurance. Insurance and indemnification requirements and limitations on liability are set forth in Attachment B. 9. Cancellation. a. Notice. A party seeking to cancel this Agreement must send written notice to the other party of such intention. 41 b. Display Operator Cancellation. Display Operator may cancel this Agreement as set forth in Attachment A. c. ISU Cancellation. ISU may cancel this Agreement for the following reasons: i. Force Majeure. ISU may cancel this Agreement if its performance of any obligation under this Agreement is prevented or delayed by causes beyond its reasonable control, such as fire, strikes or labor disputes, floods, inclement weather, acts of God, war, terrorism, civil disturbances, or energy shortages. ISU’s failure to perform or delayed performance for such reasons shall not be deemed a breach of this Agreement. ii. For Cause. ISU may cancel this Agreement immediately upon written notice to Display Operator if: (a) Display Operator fails to pay ISU as set forth in Section 4; (b) Display Operator fails to carry the required insurance or submit evidence of insurance coverage as set forth in Attachment B; or (c) if Display Operator or Display Operator’s employees, agents, subcontractors or guests (i) disrupt the ISU’s operations or other’s use of other ISU property, (ii) act in a manner ISU reasonably believes to be unsafe or that may cause or has caused harm to persons, the Space, or other property, or (iii) violate applicable laws, regulations, or ISU policies. ISU may also cancel if Display Operator fails to cure any other material breach of this Agreement within ten days of receiving written notice of such breach from ISU. The foregoing shall be in addition to any other remedies to which ISU is entitled. 10. Notice. Notices relating to this Agreement shall be in writing and shall be delivered by messenger, overnight carrier, e- mail or mailed by first class mail, certified mail or registered mail to the other party’s contact person identified in Attachment A. Notices to ISU should be sent to the Office of Risk Management, 3618 Administrative Services Building, Ames, Iowa, or by FAX (515) 294-3105, or e-mail to orm@iastate.edu. 11. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, whether written, oral, or implied. This Agreement shall not be changed, modified, altered, or amended in any respect without the mutual consent of the parties. The parties’ rights and obligations in this Agreement that, by their nature, would continue beyond the cancellation or expiration of this Agreement shall survive such cancellation or expiration. This Agreement shall be construed in accordance with the laws of the State of Iowa, and any litigation or actions commenced in connection with this Agreement shall be instituted in an appropriate court in the State of Iowa. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY J&M DISPLAYS, INC. _________________________________ __ Name: __Clarissa Boyd______________ Name: _Kelm Brueschke______________ Title: _____________________________ Title: __Sales Rep / Pyrotechnician______ Date: _____________________________ Date: __September 10th, 2024_____________ 42-6004224__________________ _______42-1284583__________________ IRS Entity Identification Number IRS Entity Identification Number 42 ATTACHMENT A INSERT COPY OF FIREWORKS APPLICATION AND ATTACHMENTS City of Ames / Iowa State University Fireworks Permit Application Iowa State University Homecoming 2024 Fireworks Show Friday November 1st, 2024 11:59 p.m. Prepared By: Kelm Brueschke J & M Displays, Inc. 4104 83rd Street Urbandale, IA 50322 Cell Phone: 515.321.2761 Fax Number: 515.276.6828 Email: kelmbrueschke@gmail.com 43 PERMIT TO DISPLAY FIREWORKS APPLICATION Name of Event Date & Time of Event Rain Date & Time Applicant Name Phone Email Organization Name Address City State Zip Code Contact for Day of Display Phone Exact location of shoot/display Attach diagram of display location Size of shells and/or type of display Attach effects list or schedule Name of Display Operator/Responsible Shooter (This person is to be present on the day of the event.) Attach a resume showing pyrotechnic certification/qualifications Phone number for Display Operator/Responsible Shooter Name of Insurance Company See below for detailed information about insurance requirements. Display sites are subject to examination by the City Fire Inspector or his/her designee. The Ames Fire Department has authority to cancel/postpone any display if it is determined that there are safety concerns. Applicant Signature Date Display Operator Signature Date City of Ames Insurance Requirements: x Comprehensive General Liability limits in the amount of $1,000,000 combined single limit and Excess Liability limits in the amount of $5,000,000. Coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. x Applicant and/or Sponsor must be named as certificate holder(s). x The City of Ames, its officers and employees must be named as additional insured. x A copy of the current insurance certificate must be filed with the City Clerk. NOTE: This application not to be used for displays originating on Iowa State University property. Submit your completed permit application to: ŐƌĂĐĞ͘ďĂŶĚƐƚƌĂ@ciƚyŽĨĂŵĞƐ͘ŽƌŐ City of Ames City Clerk's Office PO Box 811 Ames, IA 50010 For displays on property owned by Iowa State University, an alternate application must be submitted to ISU Risk Management at least six (6) weeks prior to the event. Please refer to forms and information found at: http://www.riskmanagement.iastate.edu/events/fireworks or contact the ISU Office of Risk Management at 515-294- 7711. For Office Use Only Documents Received Date: _____________________ ___ Completed Application ___ Sketch ___ ISU Property Fee ___ Fee $25.00 Date Fee Paid _______________ Insurance ___ Received _______________ ___ Approved ______________ Follow Up ___ Application approved ___ Fire Inspector approved ___ Permits database updated ___ Permit Letter prepared ___ Letter copied and mailed City Council Meeting ___ Added to Agenda _________ ___ City Council Approved Permit Number _____________ Special Conditions: ___________________________ ___________________________ ___________________________ ___________________________ Application Denial Reasons: ___________________________ ___________________________ ___________________________ ___________________________ ISU Homecoming Mass Campaniling 11/1/2024 11:59PM N/A Clarissa Boyd 515.294.2632 csh1@iastate.edu ISU Alumni Association - SALC Homecoming 429 Alumni Lane Ames IA 50014 Clarissa Boyd 641.278.6877 ISU Central Campus - Northwest Campanile Close Prox only - No Shells Kelm Brueschke / Jake Amsden 51532127621 Everest Denali 9/10/2024 ✔ ✔ ✔ 44 Page 1 of 2 Fireworks, Pyrotechnics or Flame Effects Application Iowa State University of Science and Technology Applicant Information Name of Event: Name of Organization Sponsoring Event: Address of Organization: Name of Applicant: Phone: Fax: E-Mail: Event Information Event Location: Estimated attendance: Event Date: Time: a.m./p.m. Alternate Date (rain date) for event: Organization’s on-site manager or contact for day of Display: Phone: Fax: E-Mail: Display Operator (company name): Address: City: State: Zip Code: Work-week Phone: Fax: E-Mail: Operator Name for day of Display: Cell Phone: Other Contact for day of Display: Cell Phone: NOTE: Electronic firing ONLY Insurance Requirements: Insurance coverage and certificate requirements are on the back of this form. Student Organizations Only: Submit an Event Authorization and Notification Form with other event documents (including this application) at least 6 weeks prior to the event. The display operator, EH&S and ISU Police will monitor weather conditions prior to and during the display event. EH&S, ISU Police or the Ames Fire Department have the authority to cancel or postpone any display if they determine there is not strict adherence to the approved application; or there is lightning, wind gusts or inclement weather that will cause risks to the crowd or surrounding property. I have read and agree to the responsibilities stated in the ISU Fireworks, Pyrotechnics and Flame Effects Procedures and also agree that I will meet all insurance requirements listed on this application and that this insurance will be primary. APPROVAL SIGNATURES: Date Environmental Health and Safety Date ISU Police Date City of Ames Fire Inspector Date Office of Risk Management Submittal Instructions on Page 2 Type of Fireworks: Length of Display: Fireworks Supplier: Exact Location of Display: ISU Homecoming 2024 - Friday Night Fireworks Show ISU Alumni Association - SALC Homecoming Central Committee 429 Alumni Lane, Ames, IA 50012 515.294.2632 ISU Central Campus North of Campanile 1000 11/1/2024 11:59 pm N/A Clarissa Boyd csh1@iastate.edu Clarissa Boyd/Claire Franciskato 641.278.6877 csh1@iastate.edu Kelm Brueschke/Jake Amsden 4104 83rd Street Urbandale IA 50322 515.321.2761 kelmbrueschke@gmail.com Kelm Brueschke Jake Amsden 515.321.2761 515.991.9719 Professional Grade - 1.3 Close Proximity - Minutes J&M Displays ISU Central Campus North of Campanile 9/10/2024 45 Page 2 of 2 DISPLAY OPERATOR INFORMATION: The fireworks display company must carry fireworks display liability insurance with a company acceptable to Iowa State University. In accordance with the policies and procedures of Iowa State University, all event sponsors and participants must be adequately insured. An original Certificate of Insurance must be submitted with the Fireworks Application at least six (6) weeks prior to the event. Please share the following insurance requirements with your insurance agent to facilitate issuance of the certificate of insurance: 1.The company must be at least A Class VII rated by A. M. Best Company. The insurance companies providing coverage must be of an acceptable financial rating as determined by Iowa State University Office of Risk Management. Exceptions are possible; however, ISU retains the right to require the A rating. Unrated companies are not accepted. 2.State of Iowa; Board of Regents, State of Iowa; and Iowa State University must be named as additional insureds. All legal entities referenced above must be individually listed on the certificate as an additional insured for liability coverage. Additional insured status shall be on a primary and non-contributory basis. 3.We require occurrence coverage. The certificates should be marked “occurrence.” If there is no box marked “occurrence,” we require the notation “occurrence form” in the Special Conditions box. 4.The certificate must be complete. Certificates without limits, insurance company, or coverage indicated are not acceptable. 5.Limit Requirements: General Liability The policy must provide the following coverage and limits as a minimum: $1,000,000 combined single limit per occurrence for bodily injury including death, personal injury and property damage. Automobile Liability The policy must provide the following limit for Automobile Liability: $1,000,000 combined single limit each accident. Worker’s Compensation and Employer’s Liability The policy must provide for the Statutory Limits of $100,000/$500,000/$100,000. Also required under Worker’s Compensation is a Waiver of Subrogation in favor of Iowa State University/State Board of Regents. Excess Liability The policy must provide $5,000,000 for Excess Liability coverage. 6.The policy shall provide for thirty (30) days’ written notice to Iowa State University in the event of any modification, cancellation, or termination. 7.Insurance policy term must be for the duration/term of contract or specific to the event date(s). Certificate of Insurance Mail or fax the certificate to: Office of Risk Management, Iowa State University 3618 Administrative Services Bldg., Ames, Iowa 50011 Fax #: (515) 294-3105 For questions or concerns contact: Deb Keys, Insurance Coordinator, at (515) 294-7711 Application Submittal The application must include the following attachments: Certificate of insurance for the Display Operator with appropriate limits and named insureds Copy of the Display Operator’s license Diagram of the display location from the Display Operator Effects list/schedule from the Display Operator (must indicate electronic firing will be used for ignition) $100.00 application processing fee (check made payable to Iowa State University) Mail the completed application with attachments at least six (6) weeks prior to the event to: Office of Risk Management, Iowa State University, 3618 Administrative Services Building, Ames, Iowa 50011 For questions, please contact the Office of Risk Management Phone: (515) 294-7711 Fax: (515) 294-3105 46 ITEM #:15 DATE:10-08-24 DEPT:PW SUBJECT:VACATION OF PUBLIC UTILITY EASEMENT (PUE) LOCATED AT 3300 UNIVERSITY BOULEVARD COUNCIL ACTION FORM BACKGROUND: The owner of 3300 University Boulevard has requested that the City vacate an existing Public Utility Easement (PUE) on the property. The easement is located within the North 10 Feet of Lot 1, the East 10 Feet of Lot 1, and the Southeasterly 10 Feet of Lot 1, Iowa State University Research Park Phase III, First Addition. The existing easement will hamper the development of Lot 1, thus the owner has requested the easement to be vacated. This easement is not being used by any utilities and proposed lots will be served by other easements. Therefore, staff agrees that this easement can be vacated. ALTERNATIVES: 1. Set October 22, 2024, as the public hearing date to consider vacation of the existing ten foot (10') Public Utility Easement located at 3300 University Boulevard described as the North 10 Feet of Lot 1, the East 10 Feet of Lot 1, and the Southeasterly 10 Feet of Lot 1, Iowa State University Research Park Phase III, First Addition, Ames Iowa. 2. Do not set a date of public hearing to consider vacation of the existing ten foot (10') Public Utility Easement. 3. Refer this item back to City staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: The existing PUE on Lot 1 does not currently accommodate any existing utilities and proposed lots will be served by other easements. The current easement location prevents the owner from developing the lot. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): VACN_1230799_PUE_LOT1-signed.pdf 47 PT. LOT 1, ISURP PHASE III, FIRST ADDITION VACATION EASEMENT PLAT V:\Projects\2023\123.0799.01\CADD\VACN_1230799_PUE_LOT1.dwg 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 SNYDER & ASSOCIATES, INC. 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 VACATION EASEMENT PLAT DATE OF SURVEY 09/30/2024 OWNER HUNZIKER CONSTRUCTION SERVICES INC 105 S 16TH STREET AMES, IA 50010 INTENT OF SURVEY THE INTENT OF THIS SURVEY IS TO VACATE THE 10' PUE LYING ALONG THE NORTH, EAST, AND SOUTHEASTERLY BOUNDARY OF SAID LOT 1 AS SHOWN ON THE FINAL PLAT RECORDED IN SLIDE 526, PAGE 5 OF THE STORY COUNTY RECORDER'S OFFICE. PUBLIC UTILITY VACATION EASEMENT DESCRIPTION THE NORTH 10.00 FEET OF LOT 1, THE EAST 10.00 FEET OF LOT 1, AND THE SOUTHEASTERLY 10.00 FEET OF LOT 1, IOWA STATE UNIVERSITY RESEARCH PARK PHASE III, FIRST ADDITION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIN D. GRIFFIN egriffin@snyder-associates.com SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: PT. LOT 1 ISURP PHASE III, FIRST ADDITION SEC. 22-83-24 REQUESTED BY: HUNZIKER CONSTRUCTION SERVICES INC 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 Yellow Plastic Cap YPC Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line SHEET 1 OF 2 PN: 123.0799.01 DATE: 09/30/2024 PM/TECH: EDG/AJD T-R-S:83N-24W-22 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 09/30/2024 48 LOT 1 IOWA S T A T E U N I V E R S I T Y RESEAR C H P A R K P H A S E I I I FIRST A D D I T I O N OUTLOT A IOWA S T A T E U N I V E R S I T Y RESEAR C H P A R K P H A S E I I I FIRST A D D I T I O N Existing 10' PUE (Slide 526, Page 5) 10.00' PUBLIC UTILITY EASEMENT VACATION North Line Lot 1 East Line Lot 1 Southeasterly Line Lot 1 UN I V E R S I T Y B L V D PT. LOT 1, ISURP PHASE III, FIRST ADDITION VACATION EASEMENT PLAT V:\Projects\2023\123.0799.01\CADD\VACN_1230799_PUE_LOT1.dwg SHEET 2 OF 2 PN: 123.0799.01 DATE: 09/30/2024 PM/TECH: EDG/AJD T-R-S:83N-24W-22 EASEMENT PLAT FEET 0 50 2727 S.W. SNYDER BLVD ANKENY, IOWA 50023 515-964-2020 49 ITEM #:16 DATE:10-08-24 DEPT:P&R SUBJECT:REQUEST TO WAIVE ENFORCEMENT OF PROHIBITION OF MOTORIZED VEHICLES IN ADA HAYDEN HERITAGE PARK FOR 2025 AMES TRIATHLON COUNCIL ACTION FORM BACKGROUND: Iowa Multisport (IM) is planning to use Ada Hayden Heritage Park (AHHP) to host its annual Ames Triathlon on June 22, 2025. The event consists of a 500-meter swim in the north lake, a 12-mile bike ride that starts in the park and loops through north Ames and northwest Story County before finishing in the park, and a 5K run that uses the hard surface path in the park. IM proposed the use of golf carts after its event in 2019 based on concerns with the inability to transport volunteers and participants for emergencies throughout the park in a safe and quick manner. City Council has approved the use of the carts to be used along the run route for the past five Ames Triathlons. IM is again requesting the use of golf carts to transport volunteers, assist participants for any emergencies along the run route, and to transport water station supplies. IM is required to provide a Certificate of Liability Insurance for the triathlon event and staff will require the golf carts be covered under IM’s insurance. Please note that IM has been made aware that replacement of the hard surface trail in AHHP may be underway at the time of the triathlon. IM has indicated it can be flexible with the route in order to not hold up the trail replacement project. The Parks and Recreation Commission reviewed this request at its September 17, 2024, meeting and recommended that City Council grant this waiver for the Ames Triathlon on Sunday, June 22, 2025. In addition to the golf cart request, IM requested to enter the park for set up starting at 5:00 AM on June 22, which is prior to regular park hours (6:00 AM – 10:30 PM), and to have the Commission waive the no swimming rule from 7:00 AM to 10:00 AM. These two additional requests were approved by the Commission, but do not need Council approval. ALTERNATIVES: 1. Waive enforcement of Section 19.9 of Municipal Code from 5:00 AM to 1:00 PM on Sunday, June 22, 2025, to allow Iowa Multisport to utilize two golf carts for the Ames Triathlon at Ada Hayden Heritage Park as requested. 2. Deny IM's request and do not allow the use of motorized golf carts at the park. 3. Refer back to staff. 50 CITY MANAGER'S RECOMMENDED ACTION: IM has hosted five triathlons at Ada Hayden Heritage Park, and all have been successful in bringing many participants from Ames and around Iowa to the park. Staff met with IM representatives multiple times leading up to the events as well as observed all activities that took place in the park and feels IM was successful in ensuring participant safety. Having the ability to utilize golf carts will assist in transporting volunteers, as well as assisting participants in emergency situations. Therefore, it is the City Manager's recommendation to approve Alternative #1 as stated above. 51 ITEM #:17 DATE:10-08-24 DEPT:FLEET SUBJECT:CITY HALL INTERIOR UPDATES PROJECT 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. The plans and specifications now before the Council aim to address the outstanding City Hall improvement needs. The scope includes: 1) painting walls, door frames, and windows, 2) replacing the carpet and base in all interior offices, and 3) an alternate for carpet replacement in the Police Administration and Records area. The specifications for carpet replacement include skimcoating the floor in places where asbestos-based mastic exists from the original building. This skimcoating would encapsulate the asbestos in lieu of removing it, which is an approach approved by the Iowa DNR. This project will have a significant impact on City staff working in City Hall offices, as it requires removing and replacing furniture. City Hall staff will need to relocate temporarily to other City workspaces in order for the project improvements to occur. Facilities staff will be working diligently to coordinate the project work and the temporary relocation of City Hall staff members to ensure the City continues providing excellent customer service to residents during construction. This project is estimated at $590,000. Funding is available in the City Hall Improvements capital improvement project in the amount of $625,708. 52 ALTERNATIVES: 1. Approve the plans and specifications for the Ames City Hall - Interior Refresh project and establish October 30, 2024, as the bid due date with November 12, 2024, as the date for report of bids. 2. Reject the project. CITY MANAGER'S RECOMMENDED ACTION: By approving these plans and specifications, City Hall will receive much needed painting, carpeting, and other finish improvements. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 53 ITEM #:18 DATE:10-08-24 DEPT:ELEC SUBJECT:OUTAGE MANAGEMENT SYSTEM (OMS) AND COMMUNICATIONS SUPPORT FOR ELECTRIC SERVICES COUNCIL ACTION FORM BACKGROUND: The Electric Services Department uses a computerized Outage Management System (OMS) with Interactive Voice Response (IVR) and Communications Support (texting, and customer outage alerts) that integrates with the OMS to perform automated alerts and text messaging. The OMS is used to handle electric outage calls, pinpoint system problems, aid in crew dispatch, and communicate via text messaging with Electric Services customers. It is crucial to have an up-to-date system to assure quick, reliable response to customer outages and other customer concerns. This software was originally purchased in 2011 and has been a critical asset to the department and to all the Electric Services customers with improved response times to power outages and system reliability. Electric Services also utilizes Milsoft Utility Solutions for Engineering Analysis for performing system studies. All Milsoft products are designed and maintained by Milsoft Utility Solutions, Abilene, TX. Previously, these services have been purchased and invoiced separately with OMS and Communications services billed monthly and the Engineering Analysis products billed annually. The current agreement for OMS expired on June 30, 2024. The City has agreed upon a short contract to bridge the time between July 1, 2024 to December 31, 2024. Milsoft has offered a renewal to combine these services, for the period of January 1, 2025 through June 30, 2029, with no annual increase. This change only modifies the billing method and fixes annual costs to current rates through the end of 2029. Milsoft is the most practical and cost-effective vendor to provide this needed service. Staff is requesting that the City Council waive the City’s purchasing policies requiring formal competitive bids and award a five-year contract to Milsoft Utility Solutions, Abilene, TX, in the amount of $252,686.39 (inclusive of sales tax), paid on a yearly basis. EXPLANATION OF FEES AND PAYMENT Year 1: January 1, 2025 - June 30, 2025: $28,076.27 Year 2: July 1, 2025 - June 30, 2026: $56,152.53 Year 3: July 1, 2026 - June 30, 2027: $56,152.53 Year 4: July 1, 2027 - June 30, 2028: $56,152.53 Year 5: July 1, 2028 - June 30, 2029: $56,152.53 The City Council is being asked to approve a five-year agreement, billed on a yearly basis rather than a one-year contract with renewal options. A new purchase order, and payment request will be issued each fiscal year. The agreement contains a non-appropriation clause that allows the City to cancel if funds are not appropriated in future City budgets. The FY 2024/25 Electric Distribution budget includes $58,827 for maintaining OMS and Communications software support. The FY 2024/25 Electric Engineering budget includes $8,300 for Engineering Analysis software support. This software is proprietary, and the support can only be provided by Milsoft Utility Solutions, the original software creator. Therefore, waiving the City's 54 purchasing policy will be required for a single source purchase of this service. ALTERNATIVES: 1. Waive the City’s purchasing policy requirement for formal bidding procedures and award a five year contract for support services for Computerized Outage Management System to Milsoft Utility Solutions, Abilene, TX in the amount of $252,686.39 (inclusive of Iowa sales tax). 2. Do not approve the contract. CITY MANAGER'S RECOMMENDED ACTION: It is critical for Electric Services staff to have an up-to-date system to assure quick reliable response to customer outages and other customer concerns. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ATTACHMENT(S): Milsoft 5 yr plan support costs.pdf Q53400_City of Ames_Support 5 yrs_Comm,OMS,EAincWM,LT,LB,CT_ signed by AT.Milsoft.pdf 55 Milsoft pricing under 5-year annual payment plan for all combined Milsoft products listed below: Pricing Plan is in accordance with Milsoft Quote Number 53400 dated 08/26/2024.  Software Module $/mo $/yr (12 mo)7% tax/year Annual Total with tax PO Amt Year 1 6mo. FY24/25 PO Amt Year 2 12mo. FY25/26 PO Amt Year 2 12mo. FY26/27 PO Amt Year 3 12mo. FY27/28 PO Amt Year 4 12mo. FY28/29 Total 5 year amount Communications Support: Hosted IVR $1,675.00 $20,100.00 $1,407.00 $21,507.00 Texting $679.00 $8,148.00 $570.36 $8,718.36 Customer Outage Alerts (COA)$87.50 $1,050.00 $73.50 $1,123.50 Sub Total Fixed Communications Support:$31,348.86 Call/Text Variable Cost Estimate: $40.00 $480.00 $33.60 $513.60 DisSpatch and Crew Manager (OMS)$1,244.25 $14,931.00 $1,045.17 $15,976.17 $7,770.00 $543.90 $8,313.90 Total of Fixed and estimated variable costs $52,479.00 $3,673.53 $56,152.53 $28,076.27 $56,152.53 $56,152.53 $56,152.53 $56,152.53 $252,686.39 Year 1 (Jan1-June 30 2025) (FY24/25) 6 mo. P.O. amount $28,076.27 Years 2-5( July 1-June 30) 12 mo P.O. amount (FY's 2025/26, 26/27, 27/28 & 28/29)$56,152.53 NOTE: Billing for variable costs will be monthly, following the usage period; all other software support is charged at the beginning of each billing year. 56 57 58 ITEM #:19 DATE:10-08-24 DEPT:FLEET SUBJECT:FLEET REPLACEMENT PROGRAM - TRUCK CHASSIS - PUBLIC WORKS DEPARTMENT COUNCIL ACTION FORM BACKGROUND: The City’s Public Works Utility Maintenance Division uses one pickup truck, which is designated for replacement in FY 2024/25. The new truck chassis will have four-wheel drive (4WD) and dual rear- wheels (DRW). Separately from the chassis purchase, competitive quotes are currently being solicited from qualified vendors to equip the chassis with a utility body, lift gate, and accessories. Bids for one truck chassis with 4WD and DRW were received from dealers as follows: Bidder Make / Model Year Base Bid Option - Strobe Lights Total Price for One Chassis w/ Strobe Lights Option Dewey Ford of Ankeny Ford / F450 2024 $56,376 $ 650 $57,026 Stew Hansen Dodge Ram RAM / 4500 2024 $57,961 $1,195 $59,156 The low bid for one 2024 Ford F450 Truck Chassis with quoted option for the factory strobe lights package is from Dewey Ford of Ankeny, IA for $57,026. Dewey’s bid meets the specification and is acceptable. Delivery is expected in early February 2025. The funding currently available for the replacement chassis and body/upfitting is $71,872.76. Following the chassis purchase, $14,846.76 of funding will remain available for the costs to upfit the new truck. ALTERNATIVES: 1. Approve and award a contract to Dewey Ford of Ankeny, IA for one 2024 Ford F450 truck chassis with the option for the strobe lights for a total of $57,026. 2. Award the bid to Stew Hansen Dodge Ram. 3. Reject award of bid and delay purchasing a new truck. CITY MANAGER'S RECOMMENDED ACTION: The Fleet Director and Public Works staff agree the 2024 Ford F450 truck chassis from Dewey Ford, of Ankeny will provide a reliable work truck for City staff at the best price. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 59 ITEM #:20 DATE:10-08-24 DEPT:P&R SUBJECT:SYSTEMS COMMISSIONING FOR FITCH FAMILY INDOOR AQUATIC CENTER PROJECT 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. The facility will contain a variety of mechanical systems that need to be finely tuned to ensure proper function, energy efficiency, and longevity of the facility and its equipment. As part of the project, it is necessary to contract with a company 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. Systems commissioning work to be performed under this contract includes, but is not limited to: 1. Developing a comprehensive systems commissioning plan 2. Review and coordinate with construction schedule the commissioning activities required 3. Establish and maintain an issue log to track items to be addressed 4. Conduct kickoff meeting with the Construction Manager, Consultants and Contractors 5. Review shop drawings and equipment submittals for commissioning elements 6. Schedule and lead a control system review meeting with Controls Contractor, Engineer, Construction Manager and City staff 7. Perform site visits as necessary to observe components and systems installations 8. Provide pre-functional checklists for contractors 9. Conduct functional performance testing on sub-system, systems and interaction between systems during the acceptance phase documenting all tests witnessed and conduct opposite season functional performance testing during post-acceptance phase 10. Review owner training and building automation, operation and maintenance manual 11. Prepare and submit Final Commissioning Report. A Request for Proposals (RFP) for these services was issued on July 29, 2024, with a due date of August 9, 2024. A total of five proposals were received and evaluated by City staff. 60 The RFP costs are shown in the table below: Company Evaluation Rank Proposed Cost SystemsWorks, LLC, West Des Moines, Iowa 1 $49,480 IMEG Consultants Corporation, Des Moines, Iowa 2 $65,000 TUNE Facilities, Omaha, Nebraska 3 $49,600 Cornerstone Commissioning, LLC, Boxford, Massachusetts 4 $59,235 Dunham Associates, Minneapolis, Minnesota 5 $59, 800 Staff has reviewed the proposals and believes the proposal from SystemsWorks, LLC West Des Moines, IA, is acceptable. The FFIAC budget for Soils, Surveys, and Testing, which includes commissioning services, is $390,000. The balance remaining is $245,749. Story Construction, the project's Construction Manager, will be responsible for scheduling the systems commissioning work as needed. Building Envelope Commissioning will be completed as part of a separate scope of work to be approved at a later date. ALTERNATIVES: 1. Award a contract to SystemsWorks, LLC, West Des Moines, Iowa for Systems Commissioning Services for the Fitch Family Indoor Aquatic Center Project in the amount not-to- exceed $49,480. 2. Award the decommissioning contract to one of the other companies that submitted a bid. 3. Do not award a contract and refer back to staff with direction as to how to proceed. CITY MANAGER'S RECOMMENDED ACTION: Commissioning services is an important component of the construction process. The top two firms submitting proposals were deemed acceptable. SystemsWorks, LLC and IMEG Consultants Corporation are reputable and have performed work for comparable communities in the past. SystemsWorks, LLC was ranked #1 when proposals were evaluated by staff and is also the low- cost proposal. Staff contacted Story Construction for feedback regarding the proposals. Story Construction reviewed the proposals and indicated the top two firms are capable of doing the work and are acceptable. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as shown above. 61 ITEM #:21 DATE:10-08-24 DEPT:POLICE SUBJECT:AMENDMENT #1 TO INTERGOVERNMENTAL 28E AGREEMENT FOR COMBINED LAW ENFORCEMENT OPERATIONS COUNCIL ACTION FORM BACKGROUND: The City is a party to an intergovernmental agreement with other jurisdictions in Story County for combined law enforcement operations. These activities include, but are not limited to, special traffic enforcement projects, additional help during special events, or major incidents. The current agreement was entered into on May 17, 2018, and expires on February 28, 2028. Iowa Code Section 804.7 has been revised to clarify that while peace officers, as defined in Section 801.4, shall have the authority to make an arrest within the state, a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer's employing agency. There is no intent in the current 28E agreement for peace officers to routinely patrol outside of their jurisdictions. An amendment (attached) has been prepared to clarify this point and also put the 28E in compliance with Section 804.7. The amendment also clarifies that the Story County Sheriff's Office and Story County Conservation are two separate entities. The other governing bodies that are parties to the 28E agreement have approved the amendment. ALTERNATIVES: 1. Approve Amendment #1 to the Intergovernmental 28E Agreement for Combined Law Enforcement Operations. 2. Do not approve the amendment. CITY MANAGER'S RECOMMENDED ACTION: The proposed amendment places the 28E Agreement in compliance with a change in state law and seeks to clarify that the Story County Sheriff's Office and Story County Conservation are separate entities. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): AMENDMENT NO. 1 (copy distributed for signing) (1).docx 62 AMENDMENT NO. 1 To File No. M510826, May 17, 2018 AN INTERGOVERNMENTAL 28E AGREEMENT FOR COMBINED LAW ENFORCEMENT OPERATIONS This AMENDMENT No. 1 is made by and among the County of Story, Iowa, the City of Ames, Iowa, the City of Nevada, Iowa, the City of Story City, Iowa, the City of Huxley, Iowa, Story County Conservation, and Iowa State University of Science and Technology, with their respective law enforcement agencies, to wit, the Story County Sheriff’s Office, the Ames Police Department, the Nevada Public Safety Department, the Story City Police Department, the Huxley Police Department, Story County Conservation, and the Iowa State University of Science and Technology Department of Public Safety, hereinafter collectively referred to as “the Parties.” SECTION 1. AMENDMENT 1. “Section I Purpose” of the above-referenced Agreement is hereby amended to replace “combined routine patrol” with “combined special patrol operations.” 2. The above-referenced agreement is hereby further amended to recognize and clarify that, since the inception of this Agreement, the following entities have been and continue to be separate parties to the above-referenced agreement: Story County Sheriff’s Office and Story County Conservation. SECTION 2. AMENDMENT ALLOWED. 1. “Section IX Amendments” of the Agreement permits this amendment if the following requirements are met: that the amendment be in writing, approved by the governing bodies of all Parties, and executed by the authorized representatives of all Parties. All executions, terminations, and amendments of the Agreement will be filed in the office of the Iowa Secretary of State, in accordance with Chapter 28E.8 of the Code of Iowa. 63 2. All other terms and conditions of the Agreement identified in the caption hereof shall remain in full force and effect except as specifically modified by this amendment. IN WITNESS WHEREOF, THE PARTIES EXECUTE THIS AMENDMENT No. 1, EFFECTIVE August 31, 2024. 64 City of Ames, Iowa By: ______________________________ Mayor Date: _____________________________ ATTEST: By: _________________________________ City Clerk ACKNOWLEDGEMENT BY NOTARY STATE OF IOWA ) )ss. ________COUNTY ) On this _______ day of _____________, 2024, before me the undersigned, a Notary Public in and for said County and State, personally appeared _________________ and ____________________, to me personally known, who, being sworn, did say that they are the ___________________________ and __________________________ of the City of Ames, Iowa respectively; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of the City of Ames, Iowa by authority of its City Counsel, and that said ____________ and _______________ as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of said City, it and by them voluntarily executed. _________________________________ Notary Public in and for Said City And State of Iowa 65 City of Nevada, Iowa By: ______________________________ Mayor Date: _____________________________ ATTEST: By: _________________________________ City Clerk ACKNOWLEDGEMENT BY NOTARY STATE OF IOWA ) )ss. ________COUNTY ) On this _______ day of _____________, 2024, before me the undersigned, a Notary Public in and for said County and State, personally appeared _________________ and ____________________, to me personally known, who, being sworn, did say that they are the ___________________________ and __________________________ of the City of Ames, Iowa respectively; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of the City of Ames, Iowa by authority of its City Counsel, and that said ____________ and _______________ as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of said City, it and by them voluntarily executed. _________________________________ Notary Public in and for Said City And State of Iowa 66 City of Story City, Iowa By: ______________________________ Mayor Date: _____________________________ ATTEST: By: _________________________________ City Clerk ACKNOWLEDGEMENT BY NOTARY STATE OF IOWA ) )ss. ________COUNTY ) On this _______ day of _____________, 2024, before me the undersigned, a Notary Public in and for said County and State, personally appeared _________________ and ____________________, to me personally known, who, being sworn, did say that they are the ___________________________ and __________________________ of the City of Ames, Iowa respectively; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of the City of Ames, Iowa by authority of its City Counsel, and that said ____________ and _______________ as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of said City, it and by them voluntarily executed. _________________________________ Notary Public in and for Said City And State of Iowa 67 Iowa State University By: ______________________________ University Services Date: _____________________________ By: _________________________________ Chief of Police Date: ______________________________ 68 City of Huxley, Iowa By: ______________________________ Mayor Date: _____________________________ ATTEST: By: _________________________________ City Clerk ACKNOWLEDGEMENT BY NOTARY STATE OF IOWA ) )ss. ________COUNTY ) On this _______ day of _____________, 2024, before me the undersigned, a Notary Public in and for said County and State, personally appeared _________________ and ____________________, to me personally known, who, being sworn, did say that they are the ___________________________ and __________________________ of the City of Ames, Iowa respectively; that the seal affixed hereto is the seal of said City; that said instrument was signed and sealed on behalf of the City of Ames, Iowa by authority of its City Counsel, and that said ____________ and _______________ as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of said City, it and by them voluntarily executed. _________________________________ Notary Public in and for Said City And State of Iowa 69 Story County, Iowa By: ______________________________ Board of Supervisors Date: _____________________________ ATTEST: By: _________________________________ County Auditor Story County Sheriff’s Office By: ______________________________ Sheriff Date: _____________________________ Story County Conservation By: ______________________________ Director Date: _____________________________ 70 ACKNOWLEDGEMENT BY NOTARY STATE OF IOWA ) )ss. ________COUNTY ) On this _______ day of _____________, 2024, before me the undersigned, a Notary Public in and for said County and State, personally appeared _________________ and ____________________, to me personally known, who, being sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor of Story County, Iowa respectively; that the seal affixed hereto is the seal of said Story County; that said instrument was signed and sealed on behalf of Story County, Iowa by authority of its Board of Supervisors and that said ____________ and _______________ as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of said County, it and by them voluntarily executed. _________________________________ Notary Public in and for Said County And State of Iowa 71 To:Mayor and City Council From:City Clerk's Office Date:October 4, 2024 Subject:Contract and Bond Approval Item No. 22 MEMO There is no Council Action Form for the 2024/25 Shared Use Path Maintenance (Contract 2) with TK Concrete of Pella, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw 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 72 To:Mayor and City Council From:City Clerk's Office Date:October 4, 2024 Subject:Contract and Bond Approval Item No. 23 MEMO There is no Council Action Form for the 2024/25 Water System Improvements Program - N Russell Avenue (Lincoln Way - N 2nd Street) with Iowa Water & Waste Systems of Ames, Iowa. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw 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 73 ITEM #:24 DATE:10-08-24 DEPT:ELEC SUBJECT:ASH POND CLOSURE AND RDF ASH POND RECONSTRUCTION - CHANGE ORDER NO. 2 COUNCIL ACTION FORM BACKGROUND: The City's Power Plant operated for over a century by combusting coal to generate electricity. The combustion of coal generated ash as a byproduct which was conveyed from the boilers to an ash impoundment pond several hundred yards to the East of the Power Plant. Although the Power Plant no longer burns coal, the existing coal ash still sits at the ash pond. On April 17, 2015, a Final Rule entitled "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals (CCR) From Electric Utilities" was published in the Federal Register, which regulated the disposal of ash in surface impoundments and landfills resulting from the burning of coal in electric utility boilers. Compliance with the CCR rule requires a major project at the City's ash pond to reconfigure the existing ash site, where one-half of the site will become a closed-in- place impoundment. Ahead of the CCR pond closure, in April 2021, the Power Plant stopped discharging ash and water into the area of the pond that contained CCR. This allowed the pond to dry for closer inspection. Soil samples suggested favorable conditions to work with the ash. On March 12, 2024, a contract in the amount of $2,606,093.15 was awarded to JB Holland Construction Inc, of Decorah, IA, to perform the closure project. Change Order No. 1 was approved by City Council on July 23, 2024 in the amount of $417,344.79 for drying additive for the ash and other items modified from the original scope of work to better accomplish the overall design of the project. THIS ACTION: It was discovered that there is ash outside of the expected pond boundaries. The identified ash is close to the existing access road. The contractor has been asked to remove all ash, put fill material back to stabilize the slope and reconstruct the gravel road surface. Staff is requesting Council approval of a change order to add $108,907 to the contract for additional ash removal, fill material, and road restoration. Estimates of material are provided in the change order and will be paid on actual amounts verified by survey. The original contract amount plus Change Order #1 totals $3,023,437.94. There is $1,810,664 in the project budget available for this change order. ALTERNATIVES: 1. Approve Change Order No. 2 in the amount of $108,907 to JB Holland Construction Inc, of Decorah, IA, bringing the contract total to $3,132,344.94 (inclusive of sales tax). 2. Do not approve the requested change order. 74 CITY MANAGER'S RECOMMENDED ACTION: This work is necessary for the Power Plant to comply with the U.S. EPA's Coal Combustion Residuals rule. The project has been planned for the past several years and funding has been included in the Capital Improvements Plan to carry out the construction. It is the City's intent to remove all ash and place it in the closure area to comply with the U.S. EPA. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 75 ITEM #:25 DATE:10-08-24 DEPT:PW SUBJECT:2023/24 ARTERIAL STREET PAVEMENT IMPROVEMENTS (AIRPORT RD - UNIVERSITY BLVD TO S. RIVERSIDE DR) - CHANGE ORDER NO. 2 COUNCIL ACTION FORM BACKGROUND: This annual program utilizes repair and reconstruction techniques to improve the City's arterial streets with asphalt or concrete. These pavement improvements are needed to restore structural integrity, serviceability, and rideability. Targeted streets are reaching a point of accelerated deterioration, but by improving the streets prior to excessive problems the service life can be extended before complete reconstruction becomes necessary. On March 12, 2024, City Council awarded the contract to All Star Concrete, LLC of Johnston, Iowa in the amount of $1,381,986.99. Change Order No. 1 was approved in the amount of $12,793 for removal of light pole bases and subdrain. Change Order No. 2 (this action, in the amount of $68,250 ) is for full depth patching of additional deteriorated pavement along eastbound Airport Road and additional paving necessary for the connection at S. Riverside Drive which were not anticipated in the original design. Revenue and expenses associated with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 23/24 Arterial St. (G.O. Bonds)$ 1,500,000 18/19 Low Point (Storm Water Fund)$ 200,000 Electric Fund $ 9,405 Construction (Low Bid: Base + Alt 1) $ 1,381,986.99 Change Order No. 1 $ 12,793.00 Change Order No. 2 $ 68,250.00 Engineering/Administration $ 150,000.00 TOTAL $ 1,709,405 $ 1,613,029.99 ALTERNATIVES: 1. Approve Change Order No. 2 in the amount not to exceed $68,250. 2. Direct staff to pursue changes to the project. CITY MANAGER'S RECOMMENDED ACTION: Approving this change order will result in lower maintenance costs and provide better rideability . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Airport Rd Project Map.pdf 76 2023/24 Arterial Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection LINCOLN WAY ROSS RD WEST ST ONTARIO ST PAMMEL DR OSBORN DR OAKLAND ST WOODLAND ST ST A N G E R D WA L L A C E R D BI S S E L L R D CA M P U S A V E FR A N K L I N A V E SH E L D O N A V E MO R R I L L R D GA R F I E L D A V E WO I R D BEYER CT STORY ST FA R M H O U S E L N IO W A A V E ELLIS ST SC O T T A V E WANDA DALEY DR ANNEAR ST WE L C H R D MA R S H A L L A V E MO R R I L L R D ¯Project Location Airport Rd - University Blvd to S. Riverside Dr Construct access in halves or full if the west North Loop Dr is fully open. Construct access in halves to maintain access to S Riverside Dr at all times. Construct access in halves or full if the east North Loop Dr is fully open. AIRPORT RD S R I V E R S I D E D R UN I V E R S I T Y B L V D SO U T H L O O P D R GREEN HILLS DR OAKWOOD RD SOUTHERN HILLS DR 77 To:Mayor & City Council From:John C. Joiner, P.E. Date:October 4, 2024 Subject:Domani Subdivision 1st Addition Financial Security Reduction Item No. 26 MEMO Please see attached documentation for a partial release of financial security on file with the City. ATTACHMENT(S): Domani Subdivision 1st Addition Partial Release 7.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 78 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 October 1, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Domani Subdivision 1st Addition Financial Security Reduction #7 Mayor and Council Members: I hereby certify that the Construction Site Erosion and Sediment Control required as a condition for approval of the final plat of Domani Subdivision 1st Addition 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 subdivision be reduced to $7,200.00. The remaining work covered by this financial security include Street Trees. Sincerely, John C. Joiner, P.E. Director JJ/HI cc:Finance, Planning & Housing, Subdivision file 79 Domani Subdivision 1st Addition April 21, 2023 Page 2 Remaining Work Items Unit Quantity Street Trees EA 48 80 To:Mayor & City Council From:John C. Joiner, P.E. Date:October 4, 2024 Subject:Domani Subdivision 2nd Addition Financial Security Reduction Item No. 27 MEMO Please see attached documentation for a partial release of financial security on file with the City. ATTACHMENT(S): Domani Subdivision 2nd Addition Partial Release 2.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 81 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 October 1, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Domani Subdivision 2nd Addition Financial Security Reduction #2 Mayor and Council Members: I hereby certify that sidewalk pavement, PCC, 6”, and detectable warning required as a condition for approval of the final plat of Domani Subdivision 2nd Addition have been completed in an acceptable manner. 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 subdivision be reduced to $49,556. The remaining work covered by this financial security includes COSESCO, Street Trees, sidewalks, and HMA, Surface, 2”. Sincerely, John C. Joiner, P.E. Director JJ/HI cc:Finance, Planning & Housing, Subdivision file 82 Domani Subdivision 2nd Addition December 22, 2023 Page 2 Items completed with this financial security reduction: Item Description Unit Quantity Sidewalk Pavement, PCC, 6”SY 15 Detectable Warning SF 20 Items to be completed with this reduction include: Item Description Unit Quantity COSESCO AC 8.6 Street Trees EA 15 Pavement, HMA, Surface 2”TON 144 Sidewalk, 5 Inch PCC SY 196 83 To:Mayor & City Council From:John C. Joiner, P.E. Date:October 4, 2024 Subject:Domani Subdivision 2nd Addition Financial Security Reduction Item No. 28 MEMO Please see attached documentation for a partial release of financial security on file with the City. ATTACHMENT(S): Domani Subdivision 2nd Addition Maintenance.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 84 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 October 1, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Domani 2nd Addition Financial Security LOC Reduction #2 Mayor and Council Members: I hereby certify that portion of the Financial Security covering 2 year of the 4 Year Stormwater Management Maintenance requirements as per the Post Construction Stormwater Management (Chapter 5B) for Domani 2nd Addition have been completed in an acceptable manner. The stormwater management practices 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 on file with the City be reduced to $13,067.28.The remaining work covered by this financial security includes two (2) years of inspection of the maintenance practices. Sincerely, John C. Joiner, P.E. Director JJ/HI cc:Finance, Planning & Housing, Subdivision file 85 Domani Subdivision 2nd Addition December 22, 2023 Page 2 Item pending to complete and accept Unit Quantity Remaining 4-Year Maintenance Year 2 86 To:Mayor & City Council From:John C. Joiner, P.E. Date:October 4, 2024 Subject:Crane Farm 6th Addition Financial Security Release Item No. 29 MEMO Please see attached documentation for a complete release of financial security on file with the City. ATTACHMENT(S): Crane Farm 6th Addition - 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 87 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 October 1, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Crane Farm 6th Addition LOC Reduction - Final Ladies and Gentlemen: I hereby certify that a portion of the public sidewalk/pedestrian ramps required as a condition for approval of the final plat of Crane Farm Subdivision, 6th Addition has been completed in an acceptable manner by various homebuilders. 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 subdivision be reduced in full. Sincerely, John C. Joiner, P.E. Director JJ/HI cc:Finance, Planning & Housing, Subdivision file 88 ITEM #:30 DATE:10-08-24 DEPT:P&H SUBJECT:ZONING TEXT AMENDMENT TO ALLOW SOCIAL SERVICE PROVIDERS IN THE SINGLE-FAMILY CONSERVATION OVERLAY (O-SFC) ZONING DISTRICT COUNCIL ACTION FORM BACKGROUND: On July 9, 2024, the City Council chose to consider a request by Matt Mitchell, Founder and Board Member of the Ames Romero House (see Attachment A – Request to Council). The request was to initiate a zoning text amendment to the Single Family Conservation Overlay District (O- SFC) to allow for establishment of new social services uses. Adoption of the amendment would allow Social Service Providers to locate in the O-SFC, with the approval of a Special Use Permit by the Zoning Board of Adjustment (ZBA). Approval of a Special Use Permit would be on a case- by-case basis (see explanation of Special Use Permits under Proposed Text Amendment section). Although the text amendment request does not approve any specific property for a social service use, the request by Ames Romero House is principally for the purpose of allowing the Romero House to operate at 702 Clark Avenue (orange house), inside the boundaries of the O-SFC, upon receiving a Special Use Permit. Ames Romero House is presently located at 709 Clark Avenue (yellow house) and its status as a residential or social service use will be reevaluated pending the outcome of the text amendment request. Upon review of the Romero House’s current activities and the planned use of 702 Clark, staff indicated to the applicant that their operations were not typical household living use, including the definition of a “Family” for occupancy limits, and that they would be classified as a “Social Service Provider,” which is not permitted in the O-SFC. This prompted the request (Attachment A) by the Romero House for a zoning text amendment to allow “Social Service Providers” as a use in the O-SFC. ZONING: The base zone for the area of the community with the O-SFC Overlay zone is “RM” (Residential Medium Density). (Attachment B-Zoning Map). This zone includes the area generally between 7th Street and 11th Street, and between Duff Avenue and Grand Avenue. Note that the O-SFC Overlay overrides uses and standards where specified of the base RM zone. It is important to note that the O-SFC was established in the 1990s in response to the erosion of the neighborhood’s one- and two-family housing, primarily through multi-family conversions and other uses, such as social service providers. The purpose statement of the Overlay, which provides an overview of intent for the area, is quoted below and the full regulations are attached. The intent is to limit intensification of uses in the area and for design compatibility with traditional homes. (1 ) Purpose. The Single-Family Conservation Overlay (O-SFC) Zone is intended to conserve the existing single-family residential character of areas identified as O-SFC adjacent to the downtown. The O-SFC is intended to protect single-family neighborhoods while guiding the transition to higher density 89 and compatibility with the surrounding uses where intensification is permitted. The O-SFC is meant to help maintain the general quality and appearance of the neighborhoods; promote a more cohesive look to the neighborhoods; recognize the neighborhood characteristics as a major part of the City's identity and positive image; promote local design qualities; stabilize and improve property values; reduce conflicts between new construction and existing homes; and allow a limited amount of increased housing densities. Use Limitations of O-SFC Although the area has a base zone of Residential Medium (RM) reflecting its general density of buildings, the O-SFC restricts uses and applies design requirements in support of primarily one- and two-family homes. Allowed uses include the following: Dwelling – Single Family. Dwelling – Two Family. Bed & Breakfast Establishment; and, Vacation Lodging (essentially AirBnB rental properties). *Apartments, subject to Council approval of a Major Site Development Plan and overall unit limitations The existing four social service providers in this area, such as YSS, are considered “legal nonconforming uses” because they were established prior to the current zoning limitations. At this time, staff is aware of two YSS operated social service facilities in the neighborhood per the YSS website, Food at First, and the Good Neighbor office at, or near the corner of Clark Avenue and 6th Street. These existing facilities are considered nonconforming uses as they predate the current restrictions. Staff is aware that there are, at least, two other nontraditional residential uses that are operated as rental properties or group living uses that are not social service providers. Social Service Provider Use Definition A “Social Service Provider” is a broad category of use and defined in the Municipal Code, as follows: “Table 29.501(4)-5 Institutional Use Categories of the Municipal Code: Social Service Provider uses (SSPs) are primarily engaged in providing on-site counseling, meals, or shelter beds for free or significantly below market rates. Uses that provide food on-site as an Accessory Use are not included if the service is provided fewer than 3 days a week. For example, a church that provides a free or low-cost meal once a week would not be classified as an SSP use.” From this definition, the use is more akin to a commercial use or shelter use than traditional household living uses. Because of this, the use is permitted in many commercial zoning districts of the city and in some higher density residential zoning districts by special use permit. The use is not allowed to be established in lower density residential areas where it does not already exist. The attached Addendum lists all zoning districts that allow for the Social Service Use in some fashion. Establishing a social service use will be subject to meeting zoning requirements, such as parking requirements. Note that Social Service is not a defined use within Parking Standard of the zoning ordinance thus the parking standards for the use will be determined on case-by-case basis after considering the proposed operations. For example, the recently approved Bridge Home homeless shelter included multiple parking rates related to the different uses included with the operations based upon employees, gathering spaces, and overnight sheltering rooms. 90 PUBLIC INPUT: Because this is a proposed text amendment and not a rezoning request, the Municipal Code does not require all property owners within 300 feet to be notified by mail of the pending action. Therefore, at the time of initiation of text amendment, staff noted to the City Council that notification would be provided to the neighborhood. Staff first notified the President of the Old Town Neighborhood Association of the request prior to the September 4th Planning and Zoning Commission meeting with the assumption that our message would be transmitted by the President to neighborhood residents. Unfortunately, this was not the case and, as a result, very few residents attended the P&Z Commission meeting to provide input regarding this request. Therefore, subsequent to the P&Z meeting, staff decided to send a postcard to all property owners informing them that the pending request would be coming before the City Council on October 8th. As of October 2nd, staff has heard a handful of comments from residents and written comments have been sent to the Council. From a very small sample size of comments to staff, the majority expressed concern about the proposal. Concerns expressed to staff about allowing for non-residential uses in the area relate to impacts to affordable housing, desirability to young homebuyers, the balance of the neighborhood uses while maintaining its residential character, and the operation of social service uses and changes in character of the area in general with more people entering and occupying the neighborhood for non-residential purposes. Even those who expressed concerns about the proposed text amendment are supportive of social service providers locating in the city. They are concerned, however, that because their neighborhood is located the closest to other desired services and the homes in their neighborhood are very affordable, the concentration of these conversions to non-single family houses will continue to increase. They hope that social service providers will locate in other zoning districts throughout the community, as opposed to changing the zoning restrictions to allow additional facilities in the Old Town neighborhood. One suggestion provided by residents is to limit the concentration of or establish a minimum separation requirement between properties occupied by social service providers in the neighborhood. PLANNING AND ZONING COMMISSION: Issues were raised at the Planning and Zoning Commission meeting on September 4, 2024, by two people in attendance that live in the O-SFC overlay zone. Kate Gregory spoke to the Commission and has spoken with staff since the meeting. She believes that the proposed change to the zoning does not acknowledge any intent to protect single-family neighborhoods. She believes that making a text amendment, the City should consider the ratio of social service providers to families in the community, the proximity or adjacency of multiple providers in a single block or limited area, and the cumulative impact of multiple providers on the health and maintenance of the community. She questioned why the Council would take up a singular request for changes to one neighborhood. She expressed concerns that the amendment as currently drafted, allowed entire blocks of existing homes to be converted for social service use, thereby defeating the original intention of the O-SFC overlay to protect single family neighborhoods. Another resident of the area, Julie Kruse, also spoke to the Commission. She supported Ms. 91 Gregory’s comments and expressed concerned about the concentration of social service providers in the neighborhood. She questioned whether the Special Use Permit (SUP) criteria would really address the issues of the neighborhood or the use since they are generic. She suggested a need to have a list specifically geared toward social service providers since the criteria used for determining the granting of a SUP are too general and insufficient in evaluating the request by the Zoning Board of Adjustment. Ms. Kruse also emphasized that the proposed Zoning Code amendment will result in the loss of affordable housing in the areas with more social service providers converting existing homes. Both Ms. Gregory and Ms. Kruse emphasized to the Commission that there are people in the neighborhood who no longer feel comfortable walking in the neighborhood and that safety has become a concern with the change of tone in the area. Parents are no longer allowing their children to walk in the neighborhood to the library or downtown unless accompanied by an adult. They feel this is partially related to the loss of the residential fabric of a neighborhood with different uses and more transient visitors to the neighborhood. They expressed that their neighborhood already had multiple social service uses and that the uses should be more distributed and should be considered in areas that already allow for it rather than changing O-SFC. The Planning Commission discussed the item and heard the comments of the two residents and the applicant. The Commission had to clarify that the proposal was for only a text amendment and not to approve the Romero House for a specific site. The Commission discussed need for the use in the community, the intent of the O-SFC, and how the criteria of the special use permit process apply. The Commission voted 4-2 to recommend support for the proposed text amendment to allow social service providers by approval of a special use permit. PROPOSED ZONING TEXT AMENDMENT: The Romero House was authorized by the City Council to request a zoning text amendment to establish a social service use by Special Use Permit within the O -SFC. The proposed text amendment language is simple in terms of modifying the list of permitted uses to allow Social Service Provider by Special Use Permit. No other standards or criteria for the Special Use Permit are proposed with the change. See Attachment F draft ordinance language. A Special Use Permit is a process that allows for case-by-case consideration of a unique use or site to determine if a proposed use is permissible. This differs from a “by-right” or permitted use category where no discretion applies to the consideration of the use. Property owner notification for all properties within 200 feet of a site is required prior to the ZBA review of a specific application. Before a Special Use Permit can be approved, the Zoning Board of Adjustment (ZBA) must determine that the proposed use meets the general standards (see Attachment H – Special Use Permit Requirements and Criteria). The Board’s action shall be based on stated findings of fact related to the criteria. The benefit of a Special Use Permit is a disclosure of operations and configuration of a site for a use to determine within the boundaries of the criteria if the use is compatible. The Special Use Permit alone does not preclude uses or create separation requirements. Consideration of the area can relate to the general conditions of the area for the proposed use, but the overall review will be focused on the specific site that is the subject application before the ZBA. Although not included with the proposal, some Special Uses do include additional criteria established by the City Council that are applied to a project, in addition to the general criteria. These types of uses are part of Article XIII of the Zoning Ordinance and can include design 92 requirements or other site requirements. CONCENTRATION OR SEPARATION CRITERIA: It should be noted that at the time the City Council allowed the requested text amendment to be initiated, staff identified to the City Council that concentration or separation criteria could be considered for a use of this type. However, depending on the method of limiting concentration, doing so would likely limit the 702 Clark site that is the Romero House’s interest from consideration since it abuts an existing Social Service Provider use of Youth and Shelter Services (YSS). Following the discussions at the P&Z Commission meeting and neighborhood inquires, staff has looked at separation and concentration issues of uses. The City does utilize distance requirements for some uses where over concentration could impact the character of an area, for example a Family Homes for disabled individuals and supervised transitional living has a 500-foot separation in residential zoning districts. In some ways 500 feet is not a large distance as it is about 1 to 1 ½ block radius. The O-SFC is approximately 1500 feet north to south from 7th street to 11 th and 2600 feet from Grand to Duff. Even accounting for existing facilities, a 500-foot separation would permit many facilities within the O-SFC, especially to the western and northern half of the district. Staff did not identify a specific recommended zoning practice for separation, but did see examples of separation requirements for other community, often substantially more than 500 feet. Concentration percentages are also not specific recommended practices. However, this issue was investigated extensively during the rental concentration discussions five years ago. At that time the consensus was neighborhoods can change in ownership and long tenure residency when rental properties exceed 25-40 percent of neighborhood. At that time the City did not include Old Town because it was already above 40% non-ownership housing and had considered establishing a limit of 25% for other neighborhoods of the City. Ultimately this approach was abandoned due to changes in state law. Based on the input received by neighborhood residents subsequent to the P&Z Commission meeting, City Council could elect to add additional standards to the request despite its initiation of the request in July without requiring specific or additional standards. A multitude of options would exist to add standards, and a precise language could be created once Council priorities are known about the issue. For example, Staff has contemplated a unique option to add language limiting the proposed use to only properties abutting commercial zoning with approval of special use permit. This would limit options to properties that are located primarily along 7th Street because the south side of 7th is zoned Neighborhood Commercial. Sixteen lots would be eligible, including the Romero House property at 702 Clark. Three of the 16 lots are already social service providers. This approach does not directly address concentration or separation, but does limit the potential spread of the uses into all areas of the neighborhood. AMES PLAN 2040: For the City of Ames, the decision to create, change, or delete zoning district standards or the mapped areas of the city are reviewed within the context of the comprehensive plan (Ames Plan 2040) and the general standard of the public interest. Plan 2040 addresses multiple policy issues related to change and growth within the community, including housing needs and neighborhood character. The Plan includes general principles/goals that are then refined by policies/objectives. Zoning decisions, such as the proposed text amendment, are considered more detailed implementation steps of the concepts of the 93 comprehensive plan. The addendum includes discussion of the most relevant sections of the Plan and the Land Use Designation of RN-1-Traditional Neighborhood that applies to the area of the O-SFC. Plan 2040 does not directly address issues related to needs of social service providers as it is a niche use within the overall planning of the City of Ames. However, Plan 2040 does emphasize maintaining neighborhood qualities and to balance this interest when considering proposed changes, such as the proposed new use allowance. Since social service uses are allowed within the City in other zoning districts, the question before the City Council is whether the O-SFC should become an additional area where such a use could be sited. Plan 2040 does not directly address this issue and consideration of its general policies are needed as part the review of the proposal. NOTIFICATION: As a zoning text amendment of general applicability, there is no direct property owner notice requirement prior to review of the amendment by Council. Published notice did occur within the Ames Tribune as required by law. As mentioned previously, City staff notified the Old Town Neighborhood Association Board of the proposed amendment prior to the Planning and Zoning Commission meeting. A Board member, from the Old Town Neighborhood Association, sent questions to staff about the nature of the request/use, standards for the use, and the mix of other uses existing in the area related to concentration and separation of non-residential uses. After the P&Z meeting the Staff sent a postcard to all property owners within the O-SFC. The postcard provided background information, notification of the public hearing to be held at the City Council meeting on October 8th, a map of the boundaries of the Single- Family Conservation Overlay District, a link to more information on the City of Ames website, and the contact information to reach a Planner with questions concerning the proposed zoning text amendment. As noted earlier, staff has received calls and emails from residents of the area regarding the proposal text amendment. If the text amendment is approved, any future Special Use Permit application will have notice prior to a ZBA public hearing sent to all property owners within 200 feet and a posted sign on site. ALTERNATIVES: 1. Approve the first reading of a text amendment to Article 11 and the Allowable Uses in the “O- SFC” (Single Family Conservation Overlay District) to allow Social Service Providers with a Special Use Permit. 2. Approve on first reading the request to allow for Social Service Providers by approval of Special Use Permit within O-SFC for lots that abut a commercially zoned lot. 3. Direct staff to modify the language of the text amendment, such as adding a separation/concentration requirement, definition changes, special standards, or modified special use permit criteria; and return for first reading at a future meeting. 4. Deny the proposed text amendment. 5. Direct staff to provide specific additional information before taking final action on the request. 94 CITY MANAGER'S RECOMMENDED ACTION: Amending the zoning regulations to allow “Social Service Providers” as a use in the O-SFC, through approval of a Special Use Permit, would not apply exclusively to the Romero House property at 702 Clark. It would also apply to other Social Service Providers in the O-SFC, or may choose to locate on any other property, within the O-SFC, in the future. It also would allow for potential changes to the existing facilities in the neighborhood. Staff believes the that the first consideration for this request is if in general the use could be compatible within the existing neighborhood conditions since it applies to one specific area of the City and the concept of a social service use is already allowed within other zoning districts. Secondly, the consideration of whether the permitting process with a SUP for a site-specific evaluation process is an appropriate technique to address future concerns about such uses. When this request was first presented, the Council authorized the Romero House to move ahead with the process to request a zoning text amendment without any stipulations regarding separation or concentration requirements, as was offered as a possibility by the staff. Relying on the focused direction by the City Council and lack of neighborhood input, the staff recommended approval by the Planning and Zoning Commission of the Romario House's request to add social service uses to the list of allowable uses in the Single-Family Conservation Overlay District (O-SFC) with a Special Use Permit approval process. Since the Commission meeting, neighborhood residents have provided a number of persuasive arguments that warrant further consideration of this request. If after reviewing all the information presented in the Council Action Form and input received by the neighborhood residents, the City Council believes that O-SFC should be amended to allow social service uses to be added to this zone subject to receipt of a Special Use Permit, then Alternative #1 should be approved. If, however, the City Council determines that it desires to accommodate some amount of new social service uses in the O-SFC and, at the same time, have additional safeguards for the overall single-family residential character of the neighborhood (the original intent of this Overlay), the City Council should support Alternatives #2 or #3. If one of these alternatives are supported, no final action should be taken at this meeting. Rather, the City Council should give direction to staff whether an approach involving concentration, separation, or proximity to commercial lots is preferred. The staff will then return to the Council in the future for final approval of a text amendment. ATTACHMENT(S): ZTA O-SFC Social Service Providers.PDF Addendum Attachment A.pdf Letter Attachment B.pdf Zoning Map Attachment C.pdf Attachment D.pdf Attachment E.pdf Attachment F.pdf Attachment G.pdf Attachment H.pdf 95 Attachment I.pdf 96 ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.1101(4)(v) THEREOF, FOR THE PURPOSE OF ALLOWING SOCIAL SERVICE PROVIDERS WITH APPROVED SPECIAL USE PERMIT IN THE SINGLE-FAMILY CONSERVATION OVERLAY DISTRICT (“O-SFC”) REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 29.1101(4)(v) as follows: “Sec. 29.1101. "O-SFC" SINGLE FAMILY CONSERVATION OVERLAY DISTRICT. *** (4)Permitted Uses. (a)Subject to the Building/Zoning Permit requirements of Section 29.1501, land, buildings and structures may be used for the following purposes in an O-SFC Zone without City Council approval, in accordance with standards and regulations of the Base Zone: (i)Dwelling – Single-Family (ii)Dwelling – Two Family (iii)Bed & Breakfast Establishment (See Section 29.1302) (iv)Vacation Lodging (v)Social Service Providers (Special Use Permit approved by the Zoning Board of Adjustment is required). ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 97 Addendum-Social Service Providers Text Amendment Zoning Districts that Allow Social Service Providers Social Service Providers are allowed in the zoning districts described below. There are three “Use” categories that allow Social Service Providers including “Pre-Existing Use,” “Permitted Use,” and a use that requires approval of a “Special Use Permit.” Zoning District Permitted Special Use Pre-existing only Residential Low-RL Y Urban Core Residential Medium-UCRM Y Residential Medium-RM Y Floating Suburban Medium-FS- RM Y Residential High -RH Y South Lincoln Mixed Use-S- SMD Y Neighborhood Commercial-NC Y Community Commercial Node- CCN Y Community Commercial Reg- CCR Y Convenience General Service- CGS Y Highway Commercial-HOC Y Planned Regional Commercial- PRC Y Downtown Service Center-CSC Y Campustown Service Center- CSC Y Agriculture-A Y Ames Plan 2040 Plan 2040 contains multiple types of goals and policies that shape the built environment of the City and the uses allowed within the City. There may be competing interests or goals that require consideration and prioritization by the Council when making land use or zoning decisions. 98 Staff believes the most relevant components of Ames Plan 2040 to the proposed change are the Growth and Land Use Element and the Neighborhoods, Housing, and Sub-Areas Element with the Land Use designation as having the most specific applicability to changes to O-SFC. None these Elements include specific language regarding social service uses directly. Growth and Land Use Element includes the principle of G6 of Planning for Equity with consideration of diverse needs and to include diverse opinions within the process of review. The Land Use principle of LU2 for Compatibility and Flexibility that applies to the issue of changing uses within established areas. The Housing, Neighborhood, SubArea Element includes principles H1 Housing Choice related to housing needs and attainability while the principle H2 Neighborhood Quality focuses on consideration of maintaining neighborhood character of the building quality. In addition to general principles, Plan 2040 utilizes Land Use designations to describe character of areas and to refine issues pertinent to different geographies of the city. In this case the O-SFC zoning overlay area is primarily designated “Residential Neighborhood 1 (RN-1: Traditional), with the exception of the southwest corner of the area for properties with the designation of “Core” between 6th Street and 7th Street and west of Clark Avenue (see Attachment C –Ames Plan 2040 Future Land Use). Residential Neighborhood 1 (RN-1: Traditional) Land Use Designation (See Attachment-D) 99 100 Attachment A Request to Council 101 Attachment B Single Family Conservation Overlay Zoning District (O-SFC) 102 Attachment C Ames Plan 2040 – Future Land Use 103 Attachment D Residential Neighborhood 1 (RN-1: Traditional) 104 Attachment E “Core” Land Use Designation 105 Attachment F Proposed Zoning Text Amendment Section 29.1101. “O-SFC” Single Family Conservation Overlay District (4) Permitted Uses. (a) Subject to the Building/Zoning Permit requirements of Section 29.1501, land, buildings, and structures may be used for the following purposes in an O-SFC Zone without City Council approval, in accordance with standards and regulations of the Base Zone: (i) Dwelling – Single-Family (ii) Dwelling – Two-Family (iii) Bed & Breakfast Establishment (See Section 29.1302) (iv) Vacation Lodging (v) Social Service Provider (Special Use Permit approved by the Zoning Board of Adjustment is required) 106 Attachment G (O-SFC) Single Family Conservation Overlay District Requirements Sec. 29.1101. "O-SFC" SINGLE FAMILY CONSERVATION OVERLAY DISTRICT. (1) Purpose. The Single-Family Conservation Overlay (O-SFC) Zone is intended to conserve the existing single-family residential character of areas identified as O-SFC adjacent to the downtown. The O-SFC is intended to protect single-family neighborhoods while guiding the transition to higher density and compatibility with the surrounding uses where intensification is permitted. The O-SFC is meant to help maintain the general quality and appearance of the neighborhoods; promote a more cohesive look to the neighborhoods; recognize the neighborhood characteristics as a major part of the City's identity and positive image; promote local design qualities; stabilize and improve property values; reduce conflicts between new construction and existing homes; and allow a limited amount of increased housing densities. (2) Definitions. See Section 29.201 of this Ordinance. (3) Findings. The O-SFC is based in part on the findings that: (a) Conservation of older residential areas continues to provide a broad range of housing choices; (b) Conservation of architecturally significant structures adds to the distinctiveness of a neighborhood and encourages a sense of "place"; (c) The downtown is strengthened by the existence of healthy residential neighborhoods nearby; (d) The existing single-family residential character can be conserved while guiding the transition and compatibility where intensification is permitted; and (e) Standards that encourage in-fill development, retain the values of surrounding development and protect the City's unique character will promote stable neighborhoods. (4) Permitted Uses. (a) Subject to the Building/Zoning Permit requirements of Section 29.1501, land, buildings and structures may be used for the following purposes in an O-SFC Zone without City Council approval, in accordance with standards and regulations of the Base Zone: (i) Dwelling – single-Family (ii) Dwelling – Two Family (iii) Bed & Breakfast Establishment (See Section 29.1302) (iv) Vacation Lodging (b) All uses and structures conforming to the Base Regulations, and all lawfully vested nonconforming uses and structures that exist in the O-SFC on the effective date of the amendment of the official zoning map to show the O-SFC are hereby deemed to be conforming with the terms of this Section. The O-SFC shall not be deemed to create a nonconforming use or structure within the scope of Section 29.307. (5) Site Development Plan Review. In the O-SFC, there shall be no construction of a new multifamily building or any addition to an existing multifamily building or to a nonconforming building whether vested or not until after Plan approval is granted 107 pursuant to the provisions contained in this Section and Section 29.1502(4), unless exempted by Section 29.1101(4)(a) above. Approval decisions under this Section 29.1101 for sites located in a Historic Preservation District shall be made by the Historic Preservation Commission. For sites in the O-SFC but not in a Historic Preservation District, Site Development Plan approval decisions shall be made by the City Council. (6) Intensification Limited. In the O-SFC the maximum number of dwelling units, of any kind defined in Section 29.201, shall not at any time be permitted to exceed 648. Approved accessory dwelling units (ADUs) after January 1, 2024, are exempt from this limitation. Additionally, in the O-SFC, apartment dwellings shall not be permitted unless the plans for the project meet the following standards: (a) The existing infrastructure must be sufficient to support the proposed project at the time of application, or sufficient infrastructure shall be provided as a part of the proposed project. "Sufficient infrastructure" includes water distribution, sanitary sewer, storm drainage, fire protection, streets and transportation, refuse collection, greenway connectors and/or sidewalks; (b) The development has convenient access to public services, public transportation, or major thoroughfares; (c) Housing developments shall be in character with the surrounding neighborhood(s) in terms of scale and character of the architectural elements; and (d) Any yard that abuts another residential Zone, dwelling unit type or density shall be not less than the corresponding front, side, or rear yard requirement of the adjacent district, dwelling unit type or density. (7) Bulk Regulations. Land, buildings and structures used in the O-SFC shall comply with the lot area, lot width, and yard requirements as provided in the Base Regulations. (8) Landscaping, Screening and Buffer Areas. Landscaping, screening and buffer areas shall be provided in accordance with Section 29.403. (9) Compatibility Standards. New construction of any principal building or other structure or any change in the use of land shall comply with the following compatibility standards. Accessory dwelling units (ADUs) are not subject to the compatibility standards. (a) Driveways. All new driveways that are located in the front yard shall be of a width no greater than 12 feet. This width limitation shall apply to only that area between the street and the primary facade of the structure. The front yard shall always be the narrowest portion of a lot that fronts a street. For lots accessible from an alley, any new driveway shall be constructed in the rear yard with access only from the alley. Existing front yard driveways may be maintained or replaced but shall not be widened to more than 12 feet in width. Driveways leading from an alley that provide access to a parking lot may be constructed at a width of 16 feet. (b) Garages. The purpose of this subsection is to establish the setback requirement for i) garage setback from an alley and ii) garage setback from the front of a principal building. Detached garages that open to an alley shall be located either 8 feet from the property line abutting the alley or a minimum of 20 feet from the property line abutting the alley. No setback distance that is more than 8 feet 108 but less than twenty feet shall be allowed. All garages, attached or detached, shall be set back a minimum distance of 18 feet behind the primary facade of the principal building on the lot. (c) Parking. No parking lot shall be located in the front yard or side yard of any lot. Only rear yard parking lots are allowed. (d) Trees. Any tree that is removed from the street right-of-way shall be replaced in the street right-of-way as close to the original location as possible. (e) Solids and Voids. A solid to void ratio shall be required for the primary facade, including any recessed facades that face the front yard, and the secondary facade. The void requirements for the primary facade of new buildings shall be a minimum of 15% and a maximum of 80%. (f) Roofs. A minimum roof pitch of 6:12 rise to run shall be required. However, mansard and mansard-style roofs will be permitted. Building additions, with the exception of porches and stoops, shall be required to have similar roof pitches as the existing structure to which they are being added. The roof pitch requirement shall not apply to porches or stoops. (g) Dormers. Where the primary facade does not have a gable facing the street, a minimum of one dormer shall be required for every 15 feet of street-facing roof width, after the first 20 feet. (h) Windows. Windows shall have a width-to-height ratio of 2:3. This requirement shall only apply to the primary facade, front facing recessed facades, and the secondary facade. In addition, an exception will be made for decorative windows, gable windows, or a single large window where the interior floor plan contains a space where such a window type would be expected. (i) Entrances. There shall be an entrance with a porch or stoop on the primary facade of any new structure. This entrance shall face the street and be accessible by means of a paved walkway. No more than one entrance shall be placed on any primary or recessed facade. (j) Porches. Where a porch is constructed, the porch shall have a depth of not less than 6 feet and shall extend a minimum of 50% of the width of the facade to which it is attached. Porches shall not be enclosed by walls, windows, or solid doors and shall not exceed 10 feet in height measured from the floor of the first story to the roof line. (k) Stoops. A stoop shall be of a width not greater than 30% of the width of the facade to which it is attached and shall be of a depth not less than 4 feet. Stoops shall not be enclosed by walls, windows, or solid doors and shall not exceed 10 feet in height, measured from the floor of the first story to the roof line. The roof of a stoop that is supported by brackets shall project from the building a minimum depth of 4 feet. (l) Foundations. Substantial foundation plantings shall be required to screen the base of the primary and secondary facade of any new building. The first floor elevation shall be constructed a minimum of one and one-half feet above grade. Grade shall be determined at the high point of the sidewalk that is located in the public right-of-way parallel to and abutting the front of the lot. In addition, ground-mounted mechanical units shall be screened with plantings. 109 (m) Orientation. Structures shall be situated at right angles with the street. Primary facades shall be parallel with the street to which they front. Buildings shall be oriented perpendicular to the front facing facade. (n) Width - Building. No building shall be constructed or remodeled to have a width greater than 76 feet. (o) Width - Facade. The primary facade of a building shall have a width between the range of 24 feet and 38 feet. Any portion of the building that is wider than the primary facade shall be recessed from the primary facade a distance of not less than 8 feet. A second primary facade will be permitted, provided that it is separated by a recessed facade that conforms to the minimum facade width of 24 feet. (p) Height. No structure shall be constructed or remodeled to a height greater than 3 stories or 40 feet, whichever is lower. (q) Lot Configurations. Lots in the O-SFC shall remain configured as they are on the date that the O-SFC regulations go into effect. In the O-SFC a Zoning Permit shall not be issued with respect to one or more dwelling units to be established on a lot formed by the combination of 2 or more lots or the combination of the parts of 2 or more lots or the combination of a lot and a part or parts from one or more lots. (r) Compliance. New buildings shall be constructed in full compliance with subsections (a) through (q) above. In building additions or remodeling it is not required that the entire building be brought into full compliance with subsections (a) through (q). It is only required that the addition or remodeling comply. It is required that the addition or remodeling does not have the effect of increasing the level or degree of nonconformity of the building as a whole. (10) Parking Requirements. Off-street parking shall be provided and maintained in accordance with the Base Regulations. (11) Historic Preservation. In those parts of the O-SFC that have been designated as Historic Preservation District, the historic preservation regulations of Chapter 31 shall also apply in addition to the Base Regulations and the O-SFC regulations. In the event of conflict between the historic preservation regulations and the O-SFC regulations, the historic preservation regulations shall control. Any plan approval decision required by this Section shall be made by the Historic Preservation Commission when the site is in an Historic Preservation District. When the site is not in an Historic Preservation District, the Site Development Plan approval decision shall be made by the City Council. 110 Attachment H Special Use Permit Requirements and Criteria Sec. 29.1503. SPECIAL USE PERMIT. (1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience, and general welfare. This Section permits detailed review of certain types of land use activities that, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structural uses possessing these characteristics may be authorized within designated Zones by the issuance of a Special Use Permit. This Section also provides for the use of Single-Family Dwellings, Two Family Dwellings, and Single Family Attached Dwellings by a Functional Family. (2) Submittal Requirements. In accordance with Section 29.1503, Applicants must submit an Application for a Special Use Permit to the Planning and Housing Department for consideration by the Zoning Board of Adjustment. The Application for a Special Use Permit shall be accompanied by: (a) A statement of supporting evidence that the general and specific standards as delineated in this Article will be fulfilled; (b) A Site Plan meeting all the submittal requirements stated in Section 9.1502(2), unless no site improvements are required; and (c) Preliminary plans and specifications for all construction, as applicable. (3) If a proposed Special Use is within an existing building and improved site, plans for use of the site and building must be submitted in lieu of the Site Plan requirements. (4) Procedure for Special Use Permits. (a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider the application at a public hearing conducted as part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, posting, and publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of Adjustment must approve, deny, or modify the Special Use Permit application within 60 days of the public hearing. (b) Public Hearing Required. Prior to disposition of an application for a variance, the Zoning Board of Adjustment shall hold a public hearing. Notice of the public hearing shall be by mail, posting, and publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. (5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. 111 (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Plan of the City; (ii) Be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed; (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity; (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structure, refuse disposal, water, and sewage facilities, and/or schools; (v) Not create excessive additional requirements at public cost for public facilities and services; (vi) Not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections; (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area; (iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross vehicular weight) to and from site except for food delivery vehicles, waste collection vehicles and moving vans; (iv) Not have noticeably different and disruptive hours of operation; (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit; (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area; (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property; and 112 (viii) Be consistent with all other applicable standards in the zone. (c) Commercial Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use located in a commercial zone meets the following standards as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Be compatible with the potential commercial development and use of property planned to occur in area; (ii) Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit; and (iii) Be consistent with all other applicable standards in the zone. (d) Special Use Permits for Functional Families. (i) Purpose. This Section is to provide for the regulation of Functional Families that may request to reside in a Single-Family Dwelling, Two Family Dwelling or Single Family Attached Dwelling. The regulations are also intended to prohibit larger groups of unrelated persons from residing in Single Family Dwellings, Two Family Dwellings, or Single Family Attached Dwellings. Larger groups of unrelated persons have frequently shown to have a detrimental effect on Single Family neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to a neighborhood. (ii) Standards of Functional Families. The Zoning Board of Adjustment shall review each application for a Special Use Permit for a functional family as provided for in this section after having determined that the application meets the following standards: (a) The functional family shares a strong bond or commitment to a single purpose (e.g., religious orders); (b) Members of the functional family are not legally dependent on others not part of the functional family; (c) Can establish legal domicile as defined by Iowa law; (d) Share a single household budget; (e) Prepare food and eat together regularly; (f) Share in the work to maintain the premises; and (g) Legally share in the ownership or possession of the premises. (e) Conditions. The Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. (6) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of issuance unless the use is undertaken, or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time requirement, the Zoning Board of Adjustment may, upon written request by the affected permittee, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this Section. 113 (7) Successive Applications. In the event that the Board denies an application for a Special Use Permit, a similar application shall not be refiled for 12 months from the advertised public hearing date. The Board, on petition by the applicant, may permit a refiling of this application after 6 months from the original hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning ordinance text change has been adopted, or when the reapplication is for a different use than the original request. The applicant shall submit a detailed statement setting out those changes that he or she deems significant or upon which he or she relies for refiling the original application. (8) Site Plans approved as part of a Special Use Permit. All site plans approved as part of an approved Special Use permit may only be amended pursuant to the same procedures for approving Minor Changes to a Major Site Development Plan as provided in Section 29.1502(6). 114 Attachment I Ames Romero House Background At the meeting on July 9, 2024, City Council received a request from Matt Mitchell, Founder and Board Member of the Ames Romero House (see Attachment A – Request to Council). The request is to have the City Council initiate a zoning text amendment to the “O-SFC” (Single Family Conservation Overlay District) to facilitate allowing, by Special Use Permit, establishment of new Social Service uses that are currently not permitted within the Overlay. This request is principally for the purpose of expanding/relocating the current 709 Clark Avenue Romero House to a second property at 702 Clark Avenue. Ames Romero House has been operating as a non-profit organization at 709 Clark Avenue since September 2020. In 2021 there was correspondence with staff about use of the single-family home at 709 Clark and its limitations of use related to the rental code and household living for a single-family dwelling. At that time, the use was not defined as a “Social Service Provider” based upon staff’s understanding of the activities and nature of the use for overnight stays. Based upon recent conservations with the Romero House representatives and a review of their onsite activities, the use aligns with the description of a “Social Service Provider” more than a “Household Living” use. The operator of the Romero House now describes the operations of their existing site and desired expansion to 702 Clark as resulting in five men living at 709 Clark and to have hospitality services for public use at the planned 702 Clark Avenue site. The Romero House self-describes offering hospitality services to those who seek assistance in Ames. The services include daytime hospitality through the provision of food, a shower, winter clothes, and laundry facilities between the hours of 1:00 pm and 4:00 pm, Monday through Friday, and from 10:30 am to 4:00 pm on Sundays. They have, in the past, also had religious services or larger gatherings at 709 Clark, which is not proposed to occur in the future. 115 ITEM #:31 DATE:10-08-24 DEPT:FIN SUBJECT:PUBLIC HEARING ON THE PROPOSED ISSUANCE OF NOT MORE THAN $65,185,000 IN SEWER REVENUE BONDS (SRF LOAN) COUNCIL ACTION FORM BACKGROUND: On August 18, 2024, the City entered into an agreement with Woodruff Construction in the amount of $53,370,000 for the construction of improvements at the Water Pollution Control Facility necessary to comply with the unfunded mandates of the 2013 Iowa Nutrient Reduction Strategy. Staff believes it is in the City's best interest to utilize the Iowa State Revolving Fund Clean Water Program (CWSRF) to fund the improvements. This program has a long history of providing below-market rate loans to municipalities to fund utility improvements, including several loans to the City of Ames. To access these funds, a public hearing must first be held, after which the Council will consider a resolution authorizing additional steps necessary to enter into a loan agreement with the CWSRF program. The following is the current project budget: Engineering Expenses Original Design Agreement $1,675,000 Amendment #1 $763,000 Moving from two construction phases to three Amendment #2 $3,600,000 Adding construction phase services Other Professional Services: Geotechnical $16,620 Commissioning $74,600 Special Inspections (estimated)$75,000 Construction Construction $53,370,000 Owner's Equipment Allowance $275,000 Owner's Contingency (5%)$2,667,780 Total $62,517,000 In addition to the known project costs above, staff recommends including an additional $2,668,000 be included in the not-to-exceed borrowing amount. This will provide a significant cushion for project changes and prevent unnecessary issuance costs associated with increasing the not-to-exceed amount as a separate action, should it be necessary. It should be noted that the CWSRF program is a reimbursement program, meaning that the City first spends the money, then the program reimburses for eligible expenses. This method ensures the City will only borrow for expenses the City Council has authorized and are necessary to complete the project, thus minimizing interest expense associated with the improvements. 116 The total recommended not-to-exceed amount is $65,185,000, which includes the project expense and additional contingency noted above. If approved, the CWSRF loan will be repaid over twenty years at an interest rate expected to be lower than 2.86% at closing. ALTERNATIVES: 1. Approve a resolution taking additional action on a proposal to enter into a Sewer Revenue Loan Disbursement Agreement. 2. Direct staff to pursue alternative financing arrangements for the Nutrient Reduction project. CITY MANAGER'S RECOMMENDED ACTION: The CSWRF program has a long history of working with the City and provides the lowest borrowing costs available to support the project. Approval of the resolution will allow the City to undertake the process necessary to consider a loan agreement with the CWSRF program in the coming months. Therefore, it is the recommendation of the City Manager that the Council adopt Alternative No. 1, as described above. 117 ITEM #:32 DATE:10-08-24 DEPT:W&PC SUBJECT:FY 2022/23 STORY COUNTY EDGE OF FIELD PROJECT COUNCIL ACTION FORM BACKGROUND: On June 11, 2024, Council issued a Notice to Bidders for the FY 2022/23 Story County Edge of Field Project. This is an annual program to install watershed-based nutrient reduction projects that can be "banked" as credit towards any future, more stringent nutrient regulations imposed on the Water Pollution Control Facility. This year's project will construct Edge of Field (EOF) practices in Story County, consisting of 6 saturated buffers and 10 bioreactors that will intercept and treat 18 agricultural tile outlets. These practices allow for the natural removal of nitrogen from subsurface drainage before it enters a stream or other surface waters. A single bid was received that exceeded the engineer's estimate by 45%. On August 13, Council rejected that bid and directed staff to rebid the project with a later construction deadline, with the expectation that the project would be more attractive to potential bidders. On August 27, revised specifications were released to bidders with an extended construction deadline. Bids were opened on September 25, and this time a total of four bids were received. The low bid came in $47,485.29 below the engineer's estimate. Bidder Bid Price Hands On Excavating LLC Radcliffe, IA $221,609.07 Herman Drainage LLC Woodward, IA $237,372.00 Engineer's Estimate $269,094.36 Gehrke Inc Eldora, IA $405,043.45 On Track Construction LLC Nevada, IA $483,398.00 The low bidder, Hands On Excavating, has successfully completed a prior year's work for this project, and staff is comfortable with the company's ability to complete the work as intended. Funding for the project comes from multiple sources, as outlined in the table below: 118 Funding Source: TOTAL Natural Resources Conservation Service (NRCS) Iowa Department of Agriculture and Land Stewardship (IDALS) Story County Conservation City of Ames Design Services $25,500.00 $25,500.00 $25,500.00 $76,500.00 Easement Payments $9,000.00 $9,000.00 $18,000.00 Construction Services $33,029.00 $141,435.05 $23,572.51 $23,572,51 $221,609.07 Total by Funder $33,029.00 $166,935.05 $58,072.51 $58,072.51 $316,109.07 ALTERNATIVES: 1. Take the following actions: a. Approve final plans and specifications and receive the report of bids. b. Award a contract to Hands On Excavating, LLC of Radcliffe, IA for the FY 2022/23 Story County Edge of Field Project in the amount of $221,609.07. 2. Award a contract to one of the three other bidders. 3. Take no action and provide direction to staff regarding the future of the project. CITY MANAGER'S RECOMMENDED ACTION: The Ames Water Pollution Control Facility will be converted to implement nutrient removal treatment technology over a period of 20 years. To mitigate future investment beyond what is already planned for, watershed-based projects can be performed, and the resulting nutrient reduction credits can be banked. Following project completion, the City will register each of these practices and receive annual nutrient reduction credit for the lifespan of each practice. After previously receiving only a single bid that significantly exceeded the engineer's estimate, the work has been rebid. The low bid price was below the engineer's estimate, and the bidder is familiar with the type of work to be performed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): FY 22-23 Story County Edge of Field Project - Line Item Bid Tab.pdf 119 Bid Item Unit Quantity Unit Total Unit Total Unit Total Unit Total Mobilization LS 1 34,500.00$ 34,500.00$ 21,400.00$ 21,400.00$ 10,000.00$ 10,000.00$ 38,000.00$ 38,000.00$ Clearing & Grubbing LS 1 60,000.00$ 60,000.00$ 5,000.00$ 5,000.00$ 20,000.00$ 20,000.00$ 13,750.00$ 13,750.00$ Earthwork and Grading CY 2,213 8.00$ 17,704.00$ 14.50$ 32,088.50$ 12.00$ 26,556.00$ 30.00$ 66,390.00$ Seeding & Fertilizing (Native Mixture)AC 0.82 9,700.00$ 7,954.00$ 1,638.40$ 1,343.49$ 500.00$ 410.00$ 8,500.00$ 6,970.00$ Seeding & Fertilizing (Smooth Brome)AC 5.30 3,760.00$ 19,928.00$ 1,474.72$ 7,816.02$ 500.00$ 2,650.00$ 3,400.00$ 18,020.00$ 6" Dia. Perforated CPT LF 5,772 14.25$ 82,251.00$ 2.50$ 14,430.00$ 6.00$ 34,632.00$ 16.50$ 95,238.00$ 6" Dia. Non-Perforated CPT LF 1,425 14.25$ 20,306.25$ 2.50$ 3,562.50$ 6.00$ 8,550.00$ 16.00$ 22,800.00$ 8" Dia. Non-Perforated CPT LF 185 18.35$ 3,394.75$ 4.32$ 799.20$ 8.00$ 1,480.00$ 40.00$ 7,400.00$ 12" Dia. Non-Perforated CPT LF 170 29.50$ 5,015.00$ 7.35$ 1,249.50$ 10.00$ 1,700.00$ 28.00$ 4,760.00$ 15" Dia. Perforated CPT LF 62 35.00$ 2,170.00$ 12.35$ 765.70$ 12.00$ 744.00$ 65.00$ 4,030.00$ 15" Dia. Non-Perforated CPT LF 76 35.00$ 2,660.00$ 12.35$ 938.60$ 12.00$ 912.00$ 55.00$ 4,180.00$ 6" Dia. Perforated Dual Wall HDPE-WT LF 132 16.25$ 2,145.00$ 5.20$ 686.40$ 8.00$ 1,056.00$ 25.00$ 3,300.00$ 6" Dia. Non-Perforated Dual-Wall HDPE-WT LF 200 16.25$ 3,250.00$ 5.20$ 1,040.00$ 8.00$ 1,600.00$ 25.00$ 5,000.00$ Water Control Structure - 5' X 6" Dia. - 2 Chamber EA 2 1,050.00$ 2,100.00$ 885.58$ 1,771.16$ 2,000.00$ 4,000.00$ 2,500.00$ 5,000.00$ Water Control Structure - 6' x 6" Dia. - 2 Chamber EA 13 1,275.00$ 16,575.00$ 1,065.09$ 13,846.17$ 2,000.00$ 26,000.00$ 2,600.00$ 33,800.00$ Water Control Structure - 6' X 6" Dia. - 3 Chamber EA 1 1,435.00$ 1,435.00$ 1,577.83$ 1,577.83$ 2,000.00$ 2,000.00$ 3,150.00$ 3,150.00$ Water Control Structure - 6' x 8" Dia. - 2 Chamber EA 1 1,360.00$ 1,360.00$ 1,125.99$ 1,125.99$ 2,000.00$ 2,000.00$ 2,950.00$ 2,950.00$ Water Control Structure - 6' x 8" Dia. - 3 Chamber EA 1 1,535.00$ 1,535.00$ 1,689.00$ 1,689.00$ 2,000.00$ 2,000.00$ 2,950.00$ 2,950.00$ Water Control Structure - 6' x 12" Dia. - 2 Chamber EA 1 3,100.00$ 3,100.00$ 1,540.67$ 1,540.67$ 2,000.00$ 2,000.00$ 4,900.00$ 4,900.00$ Water Control Structure - 6' x 12" Dia. - 3 Chamber EA 1 2,015.00$ 2,015.00$ 2,029.11$ 2,029.11$ 2,000.00$ 2,000.00$ 2,950.00$ 2,950.00$ Water Control Structure - 6' x 15" Dia. - 2 Chamber EA 2 1,700.00$ 3,400.00$ 1,870.19$ 3,740.38$ 2,000.00$ 4,000.00$ 3,300.00$ 6,600.00$ Water Control Structure - 8' X 12" Dia. - 2 Chamber EA 2 1,625.00$ 3,250.00$ 1,866.11$ 3,732.22$ 2,000.00$ 4,000.00$ 3,250.00$ 6,500.00$ Water Control Structure - 8' X 6" Dia. - 2 Chamber EA 4 -$ -$ 1,365.97$ 5,463.88$ 2,000.00$ 8,000.00$ 4,775.00$ 19,100.00$ Water Control Structure - 8' X 8" Dia. - 3 Chamber EA 1 -$ -$ 2,153.58$ 2,153.58$ 2,000.00$ 2,000.00$ 1,915.00$ 1,915.00$ Water Control Structure Installation w/ Fiberglass Marking Flag EA 29 2,000.00$ 58,000.00$ 1,200.00$ 34,800.00$ 410.00$ 11,890.00$ 1,350.00$ 39,150.00$ Class 2 Nonwoven Geotextile Fabric (Type IV)*SY 1,434 4.00$ 5,736.00$ 0.76$ 1,089.84$ 3.50$ 5,019.00$ 3.00$ 4,302.00$ 4 Mil Non-Perf Plastic Liner*SY 2,088 4.75$ 9,918.00$ 1.20$ 2,505.60$ 2.00$ 4,176.00$ 2.00$ 4,176.00$ Woodchip Media - Delivered and Placed CY 1,527 15.35$ 23,439.45$ 22.00$ 33,594.00$ 22.00$ 33,594.00$ 16.00$ 24,432.00$ 6" X 20' LF CMP Tile Extension w/ Animal Guard ES 1 220.00$ 220.00$ 211.18$ 211.18$ 370.00$ 370.00$ 350.00$ 350.00$ 8" X 20' LF CMP Tile Extension w/ Animal Guard EA 11 287.00$ 3,157.00$ 254.68$ 2,801.48$ 495.00$ 5,445.00$ 350.00$ 3,850.00$ 12" x 20 LF CMP Tile Extension w/ Animal Guard EA 2 413.00$ 826.00$ 360.00$ 720.00$ 600.00$ 1,200.00$ 385.00$ 770.00$ 10" x 20 LF CMP Tile Extension w/ Animal Guard EA 1 355.00$ 355.00$ 299.77$ 299.77$ 518.00$ 518.00$ 465.00$ 465.00$ 15" x 20 LF CMP Tile Extension w/ Animal Guard EA 3 450.00$ 1,350.00$ 465.77$ 1,397.31$ 790.00$ 2,370.00$ 500.00$ 1,500.00$ Outlet Pipe Installation EA 18 333.00$ 5,994.00$ 800.00$ 14,400.00$ 250.00$ 4,500.00$ 1,375.00$ 24,750.00$ 405,043.45$ 221,609.07$ 237,372.00$ 483,398.00$ *Does not account for Material Overlap GEHRKE INC HANDS ON EXCAVATING HERMAN DRAINAGE ON TRACK CONSTRUCTION 120 ITEM #:33 DEPT:PW October 8, 2024 Staff Report CONSERVATION SUBDIVISION ORDINANCE CHANGES AND STORMWATER MODELING BACKGROUND: 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). 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 121 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 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 122 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 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 123 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. 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 124 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 125 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 3 126 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. 127 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 128 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 129 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 130 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 131 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 3 132 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 133 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%. 134 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 135 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. 136 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). 137 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. 138 ITEM #:34 DATE:10-08-24 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH STRAND ASSOCIATES, INC. FOR E LINCOLN WAY CORRIDOR STUDY COUNCIL ACTION FORM BACKGROUND: The Ames Area MPO's (AAMPO's) 2045 Metropolitan Transportation Plan, Forward 2045, identified the E Lincoln Way corridor from Duff Avenue to the South Skunk River bridge (see Attachment A for study area map) as a potential location for a road diet from four to three lanes. Additionally, the City of Ames' Bicycle-Pedestrian Master Plan, Walk Bike Roll Ames , identified high priority pedestrian crossing locations along this corridor. Because of the poor pavement condition along this corridor, a roadway reconstruction project was programmed in the City of Ames Capital Improvements Program as an FY 2026/27 project in the Arterial Street Pavement Improvements program in the amount of $3,000,000. In March 2023, the City submitted a project application to the AAMPO and was awarded a federal Surface Transportation Block Grant (STBG) for the project. Of the $3,000,000 total, $2,400,000 would be from the STBG grant and $600,000 would be from General Obligation Bonds (local match). Because the location of this reconstruction project overlaps with the potential road diet identified i n Forward 2045 and the high priority pedestrian crossing locations identified in Walk Bike Roll Ames, the AAMPO programmed a corridor study to determine the best roadway cross section (including lane configuration and multi-modal improvements) for the corridor. The results of this corridor study would then identify the appropriate cross-section to move forward with for design and reconstruction. This study also includes assessing the intersection of S Duff Ave and E Lincoln Way, although that intersection is not a part of the reconstruction project that is currently programmed. The AAMPO included this study in its Fiscal Year (FY) 2025 Transportation Planning Work Program (TPWP). In total, $30,000 is budgeted for the study as follows: Funding Source Amount AAMPO Planning Funds $24,000 City of Ames Road Use Tax $6,000 TOTAL:$30,000 CONSULTANT SELECTION: Following applicable federal and state mandated purchasing requirements, to allow use of federalized MPO planning funds, the City solicited a Request for Proposals (RFP) to select a qualified firm to conduct the E Lincoln Way Corridor Study. A total of five (5) proposals were received. Each proposal was evaluated by a project selection team consisting of AAMPO and City staff. Listed below are the criteria used for scoring the proposals: 139 RFP Scoring Criteria Points Project Understanding & Approach 30 Project Team & Key Personnel 20 Previous Experience 20 Understanding of Study Area/Ames 10 Ability to Perform Work 10 Responsiveness 10 TOTAL:100 The scores for the proposals using the above criteria are as shown below. Following federal requirements, this is a qualifications-based selection and proposed fees cannot be considered for selecting the preferred firm. Rank Firm Score 1 Strand Associates 91 2 Foth 85 3 HR Green 81 4 WHKS 80 5 Bolton & Menk 75 Given the above rankings, staff has negotiated a contract with the highest rank firm, Strand Associates, Inc. of Madison, Wisconsin. PROJECT SCOPE: The key services the consultant will perform for the corridor study include the following: Use provided vehicle, crash, transit, and multi-modal data, along with forecasted vehicle volumes provided from the AAMPO's Regional Travel Demand Model, to assess present day and future traffic operations at the intersection of Duff Ave and Lincoln Way and along the E Lincoln Way corridor from Duff Ave to the South Skunk River bridge. Review the pedestrian crossing locations identified in Walk Bike Roll Ames along the study corridor. Based on the above analyses, develop up to two alternative layouts for the intersection of Duff Ave and E Lincoln Way and up to three alternative typical sections for the E Lincoln Way corridor. Also, develop up to three preliminary layouts for multi-modal improvements for future use on the E Lincoln Way corridor. Develop an online application for gathering public input for the study corridor and the preliminary alternatives. Based on analyses, public input, and coordination with City of Ames staff, develop preferred alternatives for the study corridor and the intersection of Duff Ave and E Lincoln Way. 140 Develop probable construction costs for the preferred alternatives. Prepare a study report summarizing the study's findings and present the report at an Ames City Council meeting. See Attachment B for a copy of the professional services agreement. It should be noted that this study is expected to conclude in March 2025. ALTERNATIVES: 1. Approve the professional services agreement with Strand Associates, Inc. of Madison, Wisconsin for conducting the East Lincoln Way Corridor Study in an amount not to exceed $30,000. 2. Do not approve the agreement and request that City staff negotiate an agreement with another firm. CITY MANAGER'S RECOMMENDED ACTION: This corridor study will assess what the best roadway cross section (including lane configuration and multi-modal improvements) would be for the E Lincoln Way corridor from Duff Avenue to the South Skunk River bridge. As such, this study's findings will identify the appropriate cross-section to move forward with for design of the reconstruction project along the E Lincoln Way corridor, currently programmed in FY 2026/27 Arterial Street Improvements. Strand Associates, Inc. submitted the top-ranked proposal as determined by the project selection team comprised of AAMPO and City of Ames staff . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Attachment A - Study Area Map.pdf Attachment B - Strand PSA (E Lincoln Way Study).pdf 141 E Lincoln Way Study Area S 2nd St Du f f A v e LEGEND Study AreaS D u f f A v e E Lincoln Way SE 2nd St Hi g h A v e Ea s t A v e E 2nd St Bo r n e A v e Ch e r r y A v e 142 143 144 145 146 147 148 149 ITEM #:35 DATE:10-08-24 DEPT:POLICE SUBJECT:TEMPORARY SUSPENSION OF CERTAIN CIVIL SERVICE REQUIREMENTS FOR THE POLICE DEPARTMENT COUNCIL ACTION FORM BACKGROUND: Chapter 400 of Iowa Code requires that cities follow civil service rules in the hiring, promotion, discipline, and discharge of most full-time employees. The purpose of these rules is to ensure that employment decisions are made on the basis of merit. One aspect of the civil service regulations is that the process to hire employees can be more cumbersome than hiring for non-civil service positions, which is challenging in areas where there are a substantial number of vacancies to fill. The current process for hiring employees in the Police Department includes certifying a list of eligible candidates at a monthly Civil Service Commission meeting. Once a list has been certified, all names on the list are considered eligible for hire, and the City cannot begin a new recruitment process until the people on the list have been hired or removed from the list. The background process in the Police Department is extensive, and oftentimes candidates are removed from the list due to a failure of some aspect of this process. This means recruitments can take considerably longer than for other departments. There are currently six vacant Police Officer positions. Five other officers are in training and not yet able to be assigned to shifts. Five other officers are currently on military leave or light duty assignments as a result of injuries. Therefore, the staffing situation within the department currently is a substantial challenge. In July 2024, legislation went into effect that created Iowa Code Section 400.12A. This new section provides the option for a city council, by majority vote, to suspend certain Civil Service requirements for a City department for a period of 12 months. Specifically, the City Council now has the authority to suspend Section 400.11(1)(a), which describes the process of creating a Civil Service list. City staff is asking the Council to utilize this new flexibility to suspend the requirements of Iowa Code section 400.11(1)(a), as they apply to the Ames Police Department. In approving this measure, all candidates would continue to be evaluated for positions based on previously used requirements (including a preliminary qualifications screening, oral interview, written exam, Chief's interview, background investigation, psychological exam, polygraph exam, clinical interview, and physical exam, as applicable for the position). However, by removing the requirement for the Civil Service Commission to certify a list of qualified candidates, the City will be able to run continuous recruitments. This will allow a more efficient hiring process that should allow the department to reach full staffing levels more quickly. The suspension of the Civil Service Commission certification process does not affect the rights of an employee once they have been appointed to a position--the employee would still have the right to appeal certain employment actions to the Civil Service Commission if such an action occurred. The suspension of the civil service hiring practices may be in effect for no more than one year, unless the City Council votes for an extension upon the expiration of the original suspension period. If approved by the City Council, staff would intend to begin a new, non-Civil Service recruitment effort for Police Officers immediately. 150 ALTERNATIVES: 1. 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) fo r the Police Department for the period of October 9, 2024 through October 8, 2025. 2. Direct staff to continue to recruit Police Department employees in accordance with normal civil service requirements. 3. Refer this item back to staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: Iowa Code Chapter 400.12A is a new provision that allows a City Council to suspend the creation of a list of eligible hires (Iowa Code Section 400.11(1)(a)) for a department of the City for a period of 12 months. Taking this action for the Police Department will create a more efficient process that will allow for continuous recruitments and help the department fill vacancies more quickly. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1, as outlined above. 151 To:Mayor & City Council From:Planning & Housing Department Date:October 4, 2024 Subject:Third Reading and adoption of Zoning Text Amendment - Planned Unit Development (PUD) Overlay Standards Item No. 36 MEMO The ordinance relating to a Zoning Text Amendment to amend the Exception Standards for Planned Unit Development (PUD) Overlay Standards is attached for the City Council's review and consideration for third reading and adoption. ATTACHMENT(S): FINAL Ordinance ZTA PUD Overlay.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 152 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.1114(5), 29.1114(6)(a), AND CORRESPONDING TABLE AND ENACTING A NEW SUBSECTION 29.1114(6)(e) THEREOF, FOR THE PURPOSE OF AMENDING SUPPLEMENTAL AND COMPATIBILITY STANDARDS AND DEFINING POCKET NEIGHBORHOODS WITHIN THE PUD OVERLAY DISTRICT REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 29.1114(5), 29.114(5) Table and 29.1114(6)(a) and enacting a new subsection 29.1114(6)(e) as follows: “Sec. 29.1114 “PUD” PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT *** (5) Supplemental Development Standards. Property that is zoned PUD shall be developed in accordance with the Zone Supplemental Development Standards listed in Table 29.1114(5) below, except Alternative Design approvals of 29.1502(7) or Pocket Neighborhood compatibility standards have priority over Development Standards if there is a conflict: Table 29.1114 (5) Planned Unit Development Overlay District (PUD) Supplemental Development Standards SUPPLEMENTAL DEVELOPMENT STANDARDS PUD ZONE Area Requirement Minimum area of two acres or more, except when environmental sensitive areas, natural features, or scenic assets are being preserved. Exceptions include City Council initiated rezoning; sites with environmentally sensitive areas, preservation of natural areas, or scenic locations; and infill development sites. Density Zoning district density requirements shall apply subject to the allowances of this section. Where a development encompasses more than one zoning district, each area of the PUD development shall comply with the density requirements that are set by the zone for that area. Density transfer is not permitted. Developments with a minimum of 10% affordable housing units made available for sale or rent to moderate or low-income households as defined by the Federal Housing and Urban Development Department (HUD) for the City of Ames, may include a density bonus of 15% rounding up to the next whole unit, or one (1) dwelling unit, whichever is greater. An affordable housing plan and binding agreement for maintaining affordability must accompany the PUD application. Infill development sites may be approved for one additional dwelling unit that exceeds the stated maximum density calculation of units per acre of the base zoning district. 153 *** (6)Compatibility Standards.Minimum lot area, lot width, lot frontage, setback, and maximum site coverage requirements may be reduced to provide for a variety of dwelling types. Any such modification to the Zoning District requirements must be noted on the Master Plan. Due to the concentration of dwelling units that will occur if these dimensional requirements are reduced, the following compatibility standards are required: (a)Garages and Driveways. Garages and off-street parking areas must be located so that they do not define the front façade of the dwelling. This standard is met when a garage does not protrude forward from the front facade façade or the front entry is setback typically no more than 12 feet to the front door and includes the required entrance design requirements. City Council may approve a development on through-lots without meeting this standard when it is determined to be impracticable for the home design and street types. The development must include adequate right-of-way and driveway spacing to accommodate parking and street trees. The width of driveways may need to be reduced and garages setback an adequate distance to accommodate these elements. Shared driveways are encouraged to address street design goals. Alley or private rear lane access is also an option. (b)Entrances. Main entrances to dwelling units must be clearly identifiable and accessible to the owner and visitors. The main entrance must be demarcated by one of the following: covered porch or stoop; sidelight windows; or other significant architectural treatment that emphasizes main entrances. Main entrances shall be directly connected to the pedestrian circulation system of the development. (c)Massing. Multi-family buildings proposed abutting single-family and or two- family buildings should be of a scale, massing, window proportions, and architectural style that is compatible with abutting lower density residential development. (d)Commercial. Commercial buildings shall have main entrances that are clearly identifiable and accessible. The buildings will be oriented towards the street or towards a pedestrian/bicycle corridor. (e)Pocket Neighborhood. Pocket Neighborhoods are a specific housing development type of small homes clustered around a common open space as a shared front yard of the homes. The common open space is a defining organizing element of the site layout. Typical home clusters would range in size from 4-12 units to maintain the intent of a small, clustered development concept. The cluster design shall not have the effect of walling off the development from the public street with rear facades of homes, this means the common open space should visually and physically connect with the public sidewalk along the street frontage when possible, or for the abutting home along the street to include front façade type features along the street or incorporate side or corner entries that tie to both the street and open space. Pocket Neighborhoods are permitted to have no minimum lot size, setbacks, or coverage limitations for the individual homes. Frontage requirements for vehicle access are not required. Parking may be provided on the lot of the home or within the development area. Up to 50% of the homes may have a parking reduction of one required space. The home design shall include front entryway patios or porches to help define the private lot and home area from the common open space at the front of the homes. Walkways shall extend from the front door to the and through the common open space. The compact and close-knit design nature of the pocket neighborhood shall include an emphasis on architectural design features related to window placement, visual interest, massing, and landscaping to support privacy and architectural compatibility. ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. 154 Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 155