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~Master - July 23, 2024, Regular Meeting of the Ames City Council
1.Motion approving payment of claims 2.Motion approving Summary of Minutes of Regular City Council Meeting on July 9, 2024 3.Motion approving Report of Change Orders for period July 01-15, 2024 4.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Cyclone Experience Network Jack Trice, (1800 S 4th Street), Class C Retail Alcohol License with Catering Privilege and Outdoor Service b. Hy-Vee Market Grille, (640 Lincoln Way), Class C Retail Alcohol License c. Fareway Meat Market #189, (3720 Lincoln Way), Class E Retail Alcohol License d. Sweet Carolines, (316 Main Street), Class C Retail Alcohol License with Outdoor Service and Catering Privilege e. The Mucky Duck Pub, (3100 S Duff Avenue), Class C Retail Alcohol License with Outdoor Service and Catering f. Kum & Go # 1215, (4506 Lincoln Way), Class E Retail Alcohol License g. Lalo's Liquor Store Inc., (809 Wheeler Street Suite 105), Class E Retail Alcohol License h. El Azteca, (2120 Isaac Newton Drive), Class C Retail Alcohol License i. Hickory Park, (1404 S. Duff Avenue), Special Class C Retail Alcohol License j. 313 Bar, (115 5th Street), Class C Retail Alcohol License k. Botanero Latino, (604 Lincoln Way), Special Class C Retail Alcohol License with Outdoor Service 5.Resolution approving updated Requests from Ames Main Street for Campustown Farmer's Market on August 13, 2024: a. Resolution approving road closures of Chamberlain Street from Welch Avenue to 2410 Chamberlain Street from 2:00 p.m. to 10:00 p.m. b. Resolution approving/motion denying waiver of parking meter fees and enforcement ($23.00 Loss to the Parking Fund) 6.Motion delaying award of contract for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 project until August 13, 2024 7.Resolution approving request from Friends of Ada Hayden Heritage Park to waive enforcement of prohibition of motorized vehicles in Ada Hayden Heritage Park on Monday, September 9 (9 am - 7:30 pm) and Tuesday, September 10 (9 am - 3 pm) AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL *AMENDED* COUNCIL CHAMBERS - CITY HALL JULY 23, 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. 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 8.Resolution reauthorizing the GIS Software Enterprise Licensing Agreement with Environmental Systems Research Institute of Redlands, California, for a term of 3 years at a rate of $66,500 per annum 9.Resolution approving contract with Apache Industrial, La Vista, NE, for the Scaffolding and Related Services and Supply Contract at the Power Plant for July 1, 2024 through June 30, 2025 in an amount not-to-exceed $140,000 10.Resolution approving Change Order No. 1 with J. Pettiecord Inc. for the Fuel Tank Removal at the Coal Yard in the amount of $189,500 11.Resolution approving Change Order No. 1 with JB Holland Construction Inc. for the Ash Pond Closure and RDF Ash Pond Reconstruction project in the amount of $417,344.79 12.Water Treatment Plant Lime Sludge Disposal Contract: a. Resolution approving a change order for the FY 2023/24 lime sludge disposal contract with Wulfekuhle Injection and Pumping, Inc. of Peosta, Iowa in a deduct amount of $197,099.47 b. Resolution accepting completion of the FY 2023/24 lime sludge disposal contract with Wulfekuhle Injection and Pumping in the final adjusted amount of $195,040.53, and release retainage in accordance with the contract documents c. Resolution authorizing the carry-over of $148,900 of unspent funds that resulted from incomplete work in the FY 2023/24 operating budget to the FY 2024/25 budget d. Resolution approving change order number one for the FY 2024/25 lime sludge disposal contract with Wulfekuhle Injection and Pumping, Inc. of Peosta, Iowa in an additive amount of $148,900 13.Resolution approving the report of the rapid needs purchase for repairs to the 161 KV electric transmission line in the amount of $625,504.86 14.Resolution approving addition of 1.0 FTE to Human Resources Department 15.Resolution authorizing immediate towing of illegally parked vehicles on Saturday, August 24, 2024 16.Resolution authorizing enhanced penalties for nuisance party violations beginning at 5:00 p.m., Friday, August 23 and ending at 4:00 a.m. on Sunday, August 25, 2024 17.Baker Subdivision - Second Amendment to Restrictive Covenants for Affordable Housing a. Resolution approving amendment to covenants b. Resolution authorizing Housing Coordinator to approve assignment of mortgages, requested from Habitat for Humanity of Central Iowa to First National Bank 18.Hearing on FY 2022/23 Story County Edge of Field Project: a. Motion accepting report of bids and delaying award until August 13, 2024 City Council meeting 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. ELECTRIC: HUMAN RESOURCES: POLICE: PLANNING AND HOUSING: HEARINGS: 2 19.Hearing on 2024/25 Shared Use Path Maintenance program: a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Mid Iowa Enterprises, LLC of Story City, IA in the amount of $75,340 20.Hearing on 302 and 212 Sondrol Ave: a. Resolution approving the vacation of the 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue b. Resolution approving the conveyance of the vacated 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue to 302 Sondrol, LLC., for $10,177.20 (as determined by the City's standard formula) 21.First reading of Ordinance updating enforcement provisions to Chapter 5B and Chapter 22A of Ames Municipal Code 22.Chapter 28, Electric Rate Modifications: a. Motion to amend b. Second reading of Ordinance to change electric rates to adopt revenue-neutral rate adjustments to better align with cost-of-service study recommendations, to add optional Time-of-Use rates, and to adjust the Large Customer Interruptible Option bill credits 23.Participation with agencies, boards, and commissions: a. Discover Ames (ACVB) b. Ames Economic Development Commission (AEDC) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees 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:July 19, 2024 Subject:Approval of Minutes Item No. 2 MEMO Attached are the minutes for the Regular Meeting of the Ames City Council on July 9, 2024, for your review and approval. /cmw ATTACHMENT(S): C24-0709 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 JULY 9, 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 6:00 p.m. on the 9th day of July, 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, joined the meeting electronically. CONSENT AGENDA: Moved by Murken, seconded by Betcher, to approve the consent agenda. 1. Motion setting August 13, 2024, as date of public hearing for amendment to the FFY 2024-2027 Transportation Improvement Program 2. RESOLUTION NO. 24-388 approving Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for creation of a Comprehensive Safety Action Plan in an amount not to exceed $124,905, contingent upon execution of the AAMPO SS4A grant agreement Vote on Motion: 10-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Chair, and hereby made a portion of these Minutes. HEARING ON PUBLIC PARTICIPATION PLAN: Transportation Planner Kyle Thompson reviewed the Public Participation Plan. Mayor Haila open and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Zinnel, to approve Final Public Participation Plan. Vote on Motion: 10-0. Motion declared carried unanimously. HEARING ON FFY 2025-2028 TRANSPORTATION IMPROVEMENT PROGRAM: Transportation Planner Thompson presented the revisions to the 2025-2028 Transportation Improvement Program. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Murken, to adopt RESOLUTION NO. 24-389 approving Final FFY 2025-2028 Transportation Improvement Program. Vote on Motion: 10-0. Resolution declared adopted unanimously, signed by the Chair, and hereby made a portion of these Minutes. COMMITTEE COMMENTS: None. 5 2 ADJOURNMENT: Moved by Beatty-Hansen, seconded by Zinnel, to adjourn the meeting at 6:03 p.m. Vote on Motion: 10-0. Motion declared carried unanimously. REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 9, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:0 5 p.m. on the 25th day of June, 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 joined the meeting electronically. PROCLAMATION FOR "PARKS AND RECREATION MONTH," JULY 2024: Mayor Haila proclaimed July 2024 as Parks and Recreation Month and Parks and Recreation Director Keith Abraham accepted the proclamation. RECOGNITION OF CITY OF AMES ANIMAL SHELTER AND ANIMAL CONTROL ON ACHIEVING A 90% SAVE RATE FOR THE 2023 CALENDAR YEAR: Chief of Police Geoff Huff and Animal Control Supervisor Ron Edwards, along with staff and volunteers from the Ames Animal Shelter, were recognized by Mayor Haila on behalf of the City Council and Best Friends Animal Society for achieving a 90% save rate for the 2023 calendar year. CONSENT AGENDA: Council Member Betcher requested to pull Item No. 21. Moved by Betcher, seconded by Junck, to approve the consent agenda less Item No. 21. 3. Motion approving payment of claims 4. Motion approving Summary of Minutes of Regular City Council Meeting on June 25, 2024 5. Motion approving Civil Service Candidates 6. Motion approving Report of Change Orders for period June 16-30, 2024 7. Motion approving a new Class C Retail Alcohol License with Outdoor Service and Catering Privilege - Mullets, 4815 Mortensen Road, Suite #101, Pending Favorable DIA and Fire Inspection 8. Motion approving extension of Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Tip Top Lounge, 201 East Lincoln Way, Pending Dramshop Review 9. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Applebee's Neighborhood Grill & Bar, (105 Chestnut Street), Class C Retail Alcohol License b. Sportsman's Lounge, (123 Main Street), Class C Retail Alcohol License with Living Quarters, Pending Dramshop Review c. AJ's Liquor II, (2515 Chamberlain Street), Class E Retail Alcohol License d. HuHot Mongolian Grill, (703 S. Duff Avenue Suite #105), Special Class C Retail 6 3 Alcohol License 10. Motion approving interim policy to implement State of Iowa stormwater regulations 11. RESOLUTION NO. 24-390 approving Commission on the Arts (COTA) Fall 2024 Special Project Grant contracts 12. RESOLUTION NO. 24-391 accepting completion of Arts Capital Grant with Ames Writers Collective and authorizing payment in the amount of $2,066.47 13. RESOLUTION NO. 24-392 approving Electric Facilities Agreement with Iowa Department of Transportation 14. RESOLUTION NO. 24-393 approving Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for creation of a Comprehensive Safety Action Plan in an amount not to exceed $124,905, contingent upon execution of the AAMPO SS4A grant agreement 15. RESOLUTION NO. 24-394 approving plans and specifications for the FY 2023/24 Airport Improvement Program (wildlife fence project), setting July 30, 2024, as the bid due date and August 6, 2024, as date of Public Hearing 16. Underground Trenching Contract for Electric Services: a. RESOLUTION NO. 24-395 approving primary contract with Communications Data Link, Grimes, Iowa, for the one-year period from July 1, 2024, through June 30, 2025, in an amount not to exceed $250,000 b. RESOLUTION NO. 24-396 approving secondary contract with Ames Trenching & Excavating, Ames, Iowa, for the one-year period from July 1, 2024, through June 30, 2025, in an amount not to exceed $175,000 17. RESOLUTION NO. 24-397 awarding contract to WESCO Distribution of Des Moines, Iowa for the purchase of primary cable in the amount of $135,462.00 18. RESOLUTION NO. 24-398 awarding contract to Play-Pro Recreation, Clive, Iowa for Playground Equipment for Stuart Smith Park in the amount of $59,990 19. RESOLUTION NO. 24-399 awarding contract to Play-Pro Recreation, Clive, Iowa for Playground Equipment for Bandshell Park in the amount of $72,440 20. RESOLUTION NO. 24-400 awarding contract to Hiway Truck Equipment of Fort Dodge, Iowa for the purchase of an aerial platform, dumping chip box, and accessories for a new forestry truck in the amount of $154,102 21. RESOLUTION NO. 24-401 awarding a contract to American Vet Works Inc. of Newport, New York for the purchase of 2 all -electric SUVs - one each for Water Administration, and Electric Services Engineering, for a total of $81,990 22. RESOLUTION NO. 24-402 awarding Year Two of the Five-year lime sludge disposal contract to Wulfekuhle Injection and Pumping of Peosta, IA, in an amount not to exceed $392,140 23. RESOLUTION NO. 24-403 approving contract and bond for the 2023/24 Water System Improvements (Kellogg Avenue & 11th Street) with Jet Drain Services, LLC, of Ames, Iowa 24. RESOLUTION NO. 24-404 approving contract and bond for the 2024/25 Clear Water Diversion Program - Douglas Avenue (14th Street - 16th Street) with Iowa Water & Waste Systems LLC of Ames, Iowa 25. RESOLUTION NO. 24-405 approving contract and bond for the 2024/25 Right-Of-Way Restoration with Alpha Landscapes LLC of Johnston, Iowa 26. RESOLUTION NO. 24-406 accepting final completion of Year Two of the Water Plant 7 4 Well Rehabilitation Contract 27. RESOLUTION NO. 24-407 accepting final completion of the WPC Facility Caterpillar G379 Methane/Natural Gas Engine Generator Overhaul Project 28. Vacation of right-of-way adjacent to 302 and 212 Sondrol Ave and conveyance to 302 Sondrol, LLC a. RESOLUTION NO. 24-408 setting date of Public Hearing as July 23, 2024, for the vacation of the 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue b. RESOLUTION NO. 24-409 setting date of Public Hearing as July 23, 2024, to approve the conveyance of the vacated 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue to 302 Sondrol, LLC., for $10,177.20 (as determined by the City's standard formula) Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AWARD OF CONTRACT FOR PURCHASE OF 2 ALL-ELECTRIC SUVS: Fleet and Facilities Director Corey Mellies highlighted for Council Member Betcher how the purchase of the two all-electric SUVs would support the Climate Action Plan adopted by the City Council. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 24-401 awarding a contract to American Vet Works Inc. of Newport, New York for the purchase of 2 all-electric SUVs - one each for Water Administration, and Electric Services Engineering, for a total of $81,990. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street #2, Ames, addressed his experience with community interactions. Mayor Haila closed the Public Forum when no one else came forward to speak. DIVERSITY, EQUITY, AND INCLUSION (DEI) ANNUAL UPDATE: DEI Coordinator Casandra Eames shared the inaugural update and engaged with questions from the City Council. CHANGES TO ELECTRIC RATES TO ADOPT REVENUE-NEUTRAL RATE ADJUSTMENTS TO BETTER ALIGN WITH COST-OF-SERVICE STUDY RECOMMENDATIONS, TO ADD OPTIONAL TIME-OF-USE RATES, AND TO ADJUST THE LARGE CUSTOMER INTERRUPTIBLE OPTION BILL CREDITS: Director of Electric Services Donald Kom presented the updates to Chapter 28 of the Municipal Code. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to pass on first reading an ordinance relating to changes to electric rates to adopt revenue-neutral rate adjustments to better align with cost-of- service study recommendations, to add optional Time-of-Use rates, and to adjust Large Customer 8 5 Interruptible Option bill credits. Roll Call Vote: 6-0. Motion declared carried unanimously. REQUEST TO INITIATE ZONING TEXT AMENDMENT TO ALLOW SOCIAL SERVICE USES WITHIN THE O-SFC (SINGLE FAMILY CONSERVATION OVERLAY) ZONING DISTRICT: Director of Planning and Housing Kelly Diekmann reviewed the request. Mayor Haila opened the Public Input. Matt Mitchell, Director of Ames Romero House, 709 Clark Avenue, Ames, detailed the plan of the organization to continue providing hospitality services to community members in need at the new location of 702 Clark Avenue. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to approve Option 1: Consideration of approval of a Special Use Permit (SUP) by the Zoning Board of Adjustment. Vote on Motion: 6-0. Motion declared carried unanimously. STEVEN L. SCHAINKER PLAZA ICE SKATING RIBBON STATUS REPORT : Director Abraham and Director Mellies presented the Staff Report. The Public Input was opened by Mayor Haila. Richard Deyo, 505 8th Street #2, Ames, proposed that the plaza be designated as a nudist park. Jason Knipp, Vice President of Operations for the Central Iowa Office of Henkel Construction, and Kyle Sievers, Project Manager for Henkel Construction, 2500 Ford Street, Ames, discussed issues relating to project delays and solutions identified to monolithically complete the project. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to authorize staff to develop a scope of services and hire a third-party concrete expert to review the ice skating ribbon. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR DUNKIN' DONUTS AT 209 LINCOLN WAY: Planner Amelia Schoeneman reviewed the Major Site Development Plan. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 24-410 approving Major Site Development Plan for 209 Lincoln Way. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 9 6 HEARING ON WATER POLLUTION CONTROL FACILITY NUTRIENT REDUCTION MODIFICATIONS PHASE 1: Director of Water and Pollution Control John Dunn presented the report of bids. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Rollins, to accept the report of bids and delay a decision on whether or not to award until the July 23, 2024 City Council meeting. Vote on Motion: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were seven items to consider. The first was from Dylan Kline, Economic Development Liaison with the Ames Regional Economic Alliance, detailing a cost analysis of geothermal installation in the Baker Subdivision. Moved by Beatty-Hansen, seconded by Rollins, consider the item as information only. Vote on Motion: 2-4, Betcher, Corrieri, Junck, and Gartin dissenting. Motion failed. Moved by Gartin, seconded by Corrieri, to place the item on a future agenda. Vote on Motion: 5-1, Beatty-Hansen dissenting. Motion declared carried. A request to preserve the Martin Historical Pier from Archie L. Greene was the second item. Assistant City Manager Brian Phillips provided a project update and Mayor Halia stated that he would inform the requestee. The third item from Shahriar Parvez concerned rental housing practices. Mayor Haila noted that the item had been resolved through correspondence with Council Member Corrieri and the resident. Suggestions for City of Ames Sustainability Programs from Lisa Kuehl was the fourth item. Moved by Beatty-Hansen, seconded by Rollins, to take the item under advisement. Vote on Motion: 6-0. Motion declared carried unanimously. The fifth item from Iddo Friedberg was regarding bicycle safety. Moved by Beatty-Hansen, seconded by Corrieri, to take the item under advisement. Vote on Motion: 6-0. Motion declared carried unanimously. A request for Zoning Text Amendment from Peter Moore and Lisa Schulte Moore was the sixth item. Moved by Gartin, seconded by Corrieri, to place the item on a future agenda. Vote on Motion: 4-2, Beatty-Hansen and Betcher dissenting. Motion declared carried. 10 7 The final item was input regarding infill housing on Welbeck Drive from Marcene and Larry Renaud. Mayor Haila noted that action was already taken by the City Council at a previous meeting on the subject related to this item. 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 Beatty-Hansen, to request a memo from staff regarding the future connection of the shared use path that travels underneath S. Duff from S. 5th Street and continues to a dead end at a privately owned gravel road south of Lincoln Way. Vote on Motion: 6-0. Motion declared carried unanimously. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation. Moved by Rollins, seconded by Beatty-Hansen, to go into closed session at 8:48 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 9:01 p.m. Moved by Gartin, seconded by Rollins, to move forward with the settlement as presented in the Closed Session. Roll Call Vote: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Betcher, seconded by Junck, to adjourn the meeting at 9:02 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 11 To:Mayor & City Council From:City of Ames Purchasing Division Date:July 19, 2024 Subject:Report of Contract Change Orders Item No. 3 MEMO The Report of Change Orders for period July 01-15, 2024, is attached for your review and consideration. ATTACHMENT(S): Change Order Report - July 1-15, 2025.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 12 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) Water & Pollution Contol Overhaul of Caterpillar G379 Methane/Natural Gas Engine Generator Set 1 $167,655.05 Altorfer, Inc.$0.00 $10,475.00 J.Dunn QE Public Works 2021/22 Stormwater Erosion Control (Bloomington Waterway) 1 $206,340.00 Con-Struct, Inc.$0.00 $14,831.20 J. Joiner KS Public Works 2022/23 Asphalt Street Pavement Improvements (Oakwood Road) 2 $2,034,969.90 Con-Struct, Inc.$27,090.00 $3,903.12 B. Phillips KS Electric Services Primary Cable for Electric Distribution Inventory 1 $135,462.00 WESCO Distribution, Inc. $0.00 $1,128.85 D. Kom JB Public Works 2022/23 Stormwater Erosion Control (Clear Creek Bank Stabilization - Utah Drive) 1 $75,615.40 Iowa Earth Works $0.00 $-(14,467.68)J. Joiner KS $$$ Period:1st – 15th 16th – End of Month Month & Year:July 2024 For City Council Date:July 23, 2024 13 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:June 28, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 4 MEMO The following licenses are eligible for renewal: a. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Cyclone Experience Network Jack Trice, (1800 S 4th Street), Class C Retail Alcohol License with Catering Privilege and Outdoor Service b. Hy-Vee Market Grille, (640 Lincoln Way), Class C Retail Alcohol License c. Fareway Meat Market #189, (3720 Lincoln Way), Class E Retail Alcohol License d. Sweet Carolines, (316 Main Street), Class C Retail Alcohol License with Outdoor Service and Catering Privilege e. The Mucky Duck Pub, (3100 S Duff Avenue), Class C Retail Alcohol License with Outdoor Service and Catering f. Kum & Go # 1215, (4506 Lincoln Way), Class E Retail Alcohol License g. Lalo's Liquor Store Inc., (809 Wheeler Street Suite 105), Class E Retail Alcohol License h. El Azteca, (2120 Isaac Newton Drive), Class C Retail Alcohol License i. Hickory Park, (1404 S. Duff Avenue), Special Class C Retail Alcohol License j. 313 Bar, (115 5th Street), Class C Retail Alcohol License k. Botanero Latino, (604 Lincoln Way), Special Class C Retail Alcohol License with Outdoor Service A review of police records for the past 12 months found no liquor law violations for Hy- Vee Market Grille, Fareway Meat Market, Kum & Go, Lalo’s Liquor Store, El Azteca, Hickory Park, and Botanero Latino. The Police Department recommends the license renewal for these businesses. A review of police records for the past 12 months found no liquor law violations for Cyclone Experience Network Jack Trice. Iowa State University Police Department also did not report any liquor law violations. The Police Department recommends the 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 14 license renewal for this business. A review of the police records for the past 12 months found one compliance check failure for The Mucky Duck Pub. They passed two follow-up compliance checks after the initial failure. The Ames Police Department will encourage this establishment to better identify patrons and check IDs. The Police Department will also encourage them to attend ID training and IPACT training and conduct their own compliance checks. The Department will continue to monitor this establishment by conducting foot patrols, compliance checks, and evaluating their safeguards. The Police Department recommends the license renewal for this business. A review of the police records for the past 12 months found two compliance check failures for Sweet Carolines. The first failure occurred in September 2023. They passed one follow-up compliance check after the initial failure. However, a second failure occurred in February 2024. Following this failure, a second follow-up compliance check was conducted and the establishment passed. Staff is always concerned about compliance check failures. Staff consulted with the Department of Revenue Alcohol and Tax Operations (formerly the Alcoholic Beverages Division or ABD) and was informed that Sweet Carolines applied for and was granted waiver of the civil penalty on the first violation in September, due to its employees having previously completed IPACT training. This avenue to avoiding a penalty resulting from a failed compliance check can only be utilized once in a four year period. Sweet Carolines received a $500 fine for the second violation. Three employees attended Police Department ID training in October 2023. The Police Department will encourage this establishment to better identify patrons and check IDs. The Department will also encourage employees of the business to attend ID and IPACT training and to conduct their own compliance checks. Any additional compliance check violation will result in the Police Department notifying the City Council for potential further action. The Department will also continue to monitor this establishment by conducting regular foot patrols, compliance checks, and evaluating their safeguards. The Police Department recommends the license renewal for this business. A review of the police records for the past 12 months found two on premise violations for 313 Bar. The Police Department will encourage this establishment to better identify patrons and check IDs. The police department will also encourage them to use scanners, attending training, and conduct their own compliance checks. The police department will continue to monitor these establishments by conducting regular foot patrols, bar checks, and evaluating their safeguards. The Ames Police Department recommends the license renewal for this business. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 15 ITEM #:5 DATE:07-23-24 DEPT:ADMIN SUBJECT:UPDATED REQUESTS FROM AMES MAIN STREET FOR CAMPUSTOWN FARMER'S MARKET ON AUGUST 13, 2024 COUNCIL ACTION FORM BACKGROUND: At the June 25, 2024 meeting, the City Council approved requests from Ames Main Street (AMS) for the Campustown Farmers Market, which will take place on August 13. The event was planned to take place on Chamberlain Street from Stanton Avenue to Campustown Lot Z, and on Stanton Avenue from Chamberlain Street to the Legacy Tower parking garage. Due to construction in the area, AMS is requesting to relocate the event to Chamberlain Street from Welch Avenue to 2410 Chamberlain Street from 2:00 p.m. to 10:00 p.m. The Council had previously authorized a waiver of parking meter fees for eight metered spaces, along with approval for a blanket Vending License and waiver of fee ($50). The relocation will require the closure of 19 metered parking spaces for four metered hours, resulting in a loss of approximately $23 to the Parking Fund. Organizers have requested that this amount be waived by the City Council. The Council's policy regarding the closure of metered parking in an area less than an entire business district is to consider the waiver of such fees on a case-by-case basis. ALTERNATIVES: 1. Approve the requests for Ames Main Street for the Campustown Farmer's Market as described above, including the requested waiver of fees. 2. Approve the requests as indicated above but require reimbursement for blanket Vending License and/or lost parking meter revenue. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: AMS Campustown Farmer's Market provides an opportunity to attract visitors to Campustown. The new event location includes family friendly activities and opportunities that support local businesses. City staff has reviewed the request and see no issues with the relocation. Given the small dollar amount and number of parking spaces involved, staff believes it is reasonable to waive the parking fees for this event, along with the other requested fee waivers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Campustown Farmers Market 06.25 CAF.pdf CT Farmers Market proposal - street difference.png 16 ITEM #:14 DATE:06-25-24 DEPT:ADMIN SUBJECT:REQUESTS FROM AMES MAIN STREET FOR CAMPUSTOWN FARMER'S MARKET ON AUGUST 13, 2024 COUNCIL ACTION FORM BACKGROUND: Ames Main Street (AMS) plans to host a Campustown Farmers Market on Tuesday, August 13, 2024. The activities include a beer garden and live music on Kellogg Avenue, as well as vendors from the Ames Farmers Market. The events are free to attend, and organizers expect up to 150 people to attend. In order to facilitate the activities, AMS requests the following for Tuesday, August 13, 2024: 1. Blanket Temporary Obstruction Permit 2. Blanket Vendor Permit 3. Road Closures of Chamberlain Street from Stanton Avenue to Campustown Lot Z 4. Road Closure of Stanton Avenue from Chamberlain Street to Legacy Tower Parking Garage 5. Waiver of fees for Blanket Vendor Permit (Loss of $50 to the City Clerk's Office) 6. Waiver of parking meter fees and enforcement (Estimated loss of $12 to the Parking Fund) The Tuesday night activities will require the closure eight metered parking spaces for four metered hours, resulting in a loss of approximately $12 to the Parking Fund. Organizers have requested that this amount be waived by the City Council. The Council's policy regarding the closure of metered parking in an area less than an entire business district is to consider the waiver of such fees on a case-by-case basis. ALTERNATIVES: 1. Approve the requests for Ames Main Street for Campustown After Sundown as described above, including the requested waiver of fees. 2. Approve the requests as indicated above, but require reimbursement for blanket Vending License and lost parking meter revenue. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: AMS Campustown After Sundown provides an opportunity to attract visitors to Campustown. The events include family friendly activities and opportunities that support local businesses. Given the small dollar amount and number of parking spaces involved, staff believes it is reasonable to waive the parking fees for this event, along with the other requested fee waivers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 17 ATTACHMENT(S): 08.13 Nighttime Farmers Market - ACC LOS.pdf Campustown Farmers Market 08.13 App.pdf 18 19 To:Mayor and City Council From:City Clerk's Office Date:July 19, 2024 Subject:Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Item No. 6 MEMO At the July 9, 2024, meeting, the City Council voted to accept the report of bids for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 project and delay award until the July 23, 2024, meeting. Staff is now requesting that the City Council delay award until the August 13, 2024 meeting to allow staff additional time to complete a comprehensive evaluation of bids and review options for funding the project. 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 20 ITEM #:7 DATE:07-23-24 DEPT:P&R SUBJECT:REQUEST TO WAIVE ENFORCEMENT OF PROHIBITION OF MOTORIZED VEHICLES IN ADA HAYDEN HERITAGE PARK COUNCIL ACTION FORM BACKGROUND: Each September from 2004 through 2011, members of the local Moose Lodge provided golf cart rides around Ada Hayden Heritage Park (AHHP) for older adults with mobility impairments. Lodge members determined that if they did not provide this service, these individuals may never get to experience the overall beauty of the 437-acre site. Although motorized mobility devices (e.g., electric wheelchairs, motorized mobility scooters, etc.) are permitted on the trails, many individuals do not have this type of device that enables them to enjoy the park system. In 2016-2019 and 2021-2023, the Friends of Ada Hayden Heritage Park (Friends) provided this valuable service to individuals with mobility impairments. Due to the COVID-19 pandemic, the golf cart tours were not held in 2020. When the tours have been held, the Friends have received many positive comments. As a result, the Friends are proposing to offer tours on Monday, September 9, 2024, 9:00 am - 7:30 pm, and Tuesday, September 10, 2024, 9:00 am - 3:00 pm. The Friends will rent golf carts, provide volunteers as drivers and interpreters, and provide the City with a Certificate of Insurance to cover liability. Tours will be promoted and reservations will be taken for various time slots. Municipal Code Section 19.9 restricts motorized vehicles to streets and parking lots. Therefore, the Friends are requesting that the City Council waive enforcement of this ordinance on Monday, September 9 (9:00 am - 7:30 pm) and Tuesday, September 10 (9:00 am - 3:00 pm) at AHHP. This request is attached. The Parks and Recreation Commission reviewed this request at its July 18, 2024 meeting and recommended City Council grant this waiver. ALTERNATIVES: 1. Waive enforcement of Section 19.9 of Municipal Code on Monday, September 9 (9:00 am - 7:30 pm) and Tuesday, September 10 (9:00 am - 3:00 pm) at Ada Hayden Heritage Park to allow the Friends of Ada Hayden Heritage Park to provide golf cart tours to mobility impaired individuals. 2. Deny the request. CITY MANAGER'S RECOMMENDED ACTION: The Friends of Ada Hayden Heritage Park are proposing to provide a tremendous service for members of our community that otherwise would not have the opportunity to tour this park in its entirety. Therefore, it is City Manager’s recommendation to approve Alternative #1 as stated above. ATTACHMENT(S): FAHHP Request for 2024 Mobility Tours.docx 21 July 15, 2024 To: Keith Abraham, Director, Ames Parks and Recreation Director and Ames Parks Commissioners RE: Ada Hayden mobility challenged park tour event Keith and Parks Commissioners: Friends of Ada Hayden would like to provide an opportunity for Ames area residents who have mobility issues to access Ada Hayden Park in the Fall ’24. We would rent golf carts, provide a driver/interpreter for each cart and facilitate a 1.5 – 2-hour tour of the park. Our reviews for the event (2021-23) continue to be outstanding. In the past we have averaged 60-70 participants each year, and last year bumped up to 98 participants! Our principal contacts have included the ever-growing senior housing operations. Northcrest, Green Hills, Northridge, The Meadows, Windsor Oaks and others would welcome the event to continue. We are planning to expand the audience with increased publicity and additional contacts. We would like to offer this activity again in the Fall ’24. For 2024 we are proposing Monday September 9th and Tuesday the 10th for tours. Tours would be conducted beginning at 9:30 a.m. on the proposed days. Monday tour times are proposed for 9:30, 11:30, 1:30, 3:30, with a special 6pm tour specifically for City Council members and members of the Parks Commission. Tuesday tour times are proposed for 9:30, 11:30, and 1:30. We will provide liability/hazard insurance for both the City of Ames and the golf cart company. We are seeking approval from both the Parks Commission and the Ames City Council for a temporary suspension of the “no motorized vehicles” rule on the trails to hold this special event. The Friends of Ada Hayden are happy to provide this service to the mobility challenged residents of the community at no cost to the City or the Parks Department. We appreciate your partnership, and that you will approve this request. Please let me know if you have questions or concerns about the event. Thank you. Jeri Neal, Board Member Friends of the Ada Hayden Heritage Park 916 Ridgewood Ave , Ames, Iowa 50010 515-233-1185 Leopold.ecology@gmail.com 22 ITEM #:8 DATE:07-23-24 DEPT:PW SUBJECT:GEOGRAPHIC INFORMATION SYSTEMS (GIS) ENTERPRISE LICENSE AGREEMENT (ELA) RENEWAL COUNCIL ACTION FORM BACKGROUND: The City has made a considerable investment in Geographic Information Systems (GIS) technologies including the necessary software. The City uses ArcGIS as its primary GIS software platform and has numerous server, desktop, and web applications deployed throughout the organization. ArcGIS is developed and distributed by Environmental Systems Research Institute (ESRI) of Redlands, CA. In FY 2009/10, the City transitioned from a standalone licensing model to an Enterprise (unlimited) Licensing Agreement. In September 2021, the 3-year contract was renewed at the cost of $66,500 annually. This contract expires September 2024 and thus requires reauthorization to continue licensing through 2027. The Enterprise Agreement contract cost for FY 2024/25 through FY 2026/27 has increased $3,300 per year to $69,800 for each of the three contract years, bringing the 3-year total cost to $209,400. The expenses are appropriated across the various City Departments in proportion to their use of the services. The agreement contains a non-appropriation clause, allowing cancellation in later years if funding is not approved. ALTERNATIVES: 1. Reauthorize the Enterprise Agreement with Environmental Systems Research Institute of Redlands, CA for a term of 3 years at a rate of $68,800 per annum. 2. Do not approve the GIS software license agreement with Environmental Systems Research Institute (ESRI). CITY MANAGER'S RECOMMENDED ACTION: Approving the Enterprise Licensing Agreement with Environmental Systems Research Institute will continue to allow the City to leverage existing software expenditures and provides for an unlimited number of licenses for users. In addition, this approval will provide a cost-effective way to facilitate information management and to share this information across the organization and with the public. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative No. 1, as noted above. ATTACHMENT(S): City of Ames, IA - 2024 Small Gov EA Renewal Quote.pdf 23 Quotation # Q-524501 Date: June 13, 2024 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 188850 Contract # ENTERPRISE AGREEMENT City of Ames Information Services 515 Clark Ave Ames, IA 50010-6122 To expedite your order, please attach a copy of ATTENTION:Lisa Mondt this quotation to your purchase order. PHONE:515-239-5162 Quote is valid from: 6/12/2024 To: 9/10/2024 EMAIL:lisa.mondt@cityofames.org Material Qty Term Unit Price Total 168179 1 Year 1 $58,500.00 $58,500.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 2 $58,500.00 $58,500.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 3 $58,500.00 $58,500.00 Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168441 1 Year 1 $5,800.00 $5,800.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168441 1 Year 2 $5,800.00 $5,800.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168441 1 Year 3 $5,800.00 $5,800.00 ArcGIS GeoEvent Server Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 159166 1 $5,000.00 $5,000.00 Year 1 - ArcGIS Hub Premium ArcGIS Online Community Annual Subscription Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chris Wright Email: chriswright@esri.com Phone: (909) 793-2853 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein. 24 Quotation # Q-524501 Date: June 13, 2024 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 188850 Contract # ENTERPRISE AGREEMENT City of Ames Information Services 515 Clark Ave Ames, IA 50010-6122 To expedite your order, please attach a copy of ATTENTION:Lisa Mondt this quotation to your purchase order. PHONE:515-239-5162 Quote is valid from: 6/12/2024 To: 9/10/2024 EMAIL:lisa.mondt@cityofames.org Material Qty Term Unit Price Total 159168 1 $500.00 $500.00 Year 1 - ArcGIS Hub Premium Additional 1000 ArcGIS Online Community Creator User Type Annual Subscription 159166 1 $5,000.00 $5,000.00 Year 2 - ArcGIS Hub Premium ArcGIS Online Community Annual Subscription 159168 1 $500.00 $500.00 Year 2 - ArcGIS Hub Premium Additional 1000 ArcGIS Online Community Creator User Type Annual Subscription 159166 1 $5,000.00 $5,000.00 Year 3 - ArcGIS Hub Premium ArcGIS Online Community Annual Subscription 159168 1 $500.00 $500.00 Year 3 - ArcGIS Hub Premium Additional 1000 ArcGIS Online Community Creator User Type Annual Subscription Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chris Wright Email: chriswright@esri.com Phone: (909) 793-2853 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein. 25 Quotation # Q-524501 Date: June 13, 2024 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 188850 Contract # ENTERPRISE AGREEMENT City of Ames Information Services 515 Clark Ave Ames, IA 50010-6122 To expedite your order, please attach a copy of ATTENTION:Lisa Mondt this quotation to your purchase order. PHONE:515-239-5162 Quote is valid from: 6/12/2024 To: 9/10/2024 EMAIL:lisa.mondt@cityofames.org Subtotal:$209,400.00 Sales Tax:$0.00 Estimated Shipping and Handling (2 Day Delivery):$0.00 Contract Price Adjust:$0.00 Total:$209,400.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chris Wright Email: chriswright@esri.com Phone: (909) 793-2853 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein. 26 Quotation # Q-524501 Date: June 13, 2024 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: 0AMS3 Customer # 188850 Contract # ENTERPRISE AGREEMENT City of Ames Information Services 515 Clark Ave Ames, IA 50010-6122 To expedite your order, please attach a copy of ATTENTION:Lisa Mondt this quotation to your purchase order. PHONE:515-239-5162 Quote is valid from: 6/12/2024 To: 9/10/2024 EMAIL:lisa.mondt@cityofames.org _________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: ___ I agree to pay any applicable sales tax. ___ I am tax exempt, please contact me if exempt information is not currently on file with Esri. ___________________________________________ ________________________ Signature of Authorized Representative Date ___________________________________________ Name (Please Print) ___________________________________________ Title _________________________________________________________________________________________________________________________________ The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Chris Wright Email: chriswright@esri.com Phone: (909) 793-2853 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. WRIGHTC This offer is limited to the terms and conditions incorporated and attached herein. 27 Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # Page 1 of 6 November 9, 2023 SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Location Sharing User Type Extension (Enterprise) 50 ArcGIS Location Sharing User Type Extension (Online) 12 ArcGIS Advanced Editing User Type Extension (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee 28 Page 2 of 6 November 9, 2023 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): 29 Page 3 of 6 November 9, 2023 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government- 30 Page 4 of 6 November 9, 2023 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to 31 Page 5 of 6 November 9, 2023 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due 32 Page 6 of 6 November 9, 2023 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. 33 ITEM #:9 DATE:07-23-24 DEPT:ELEC SUBJECT:SCAFFOLDING AND RELATED SERVICES AND SUPPLY CONTRACT FOR THE ELECTRIC POWER PLANT COUNCIL ACTION FORM BACKGROUND: This contract is for a contractor to provide and install scaffolding, bracing, and fall protection as needed at the City’s Power Plant . Most of the larger contracts for work at the Plant require the contractor to provide scaffolding. This contract provides for scaffolding and related work for emergency and routine maintenance and repair work at the Plant. On March 26, 2024, an Invitation to Bid was posted on AmesBids by the City's Purchasing Division. On April 25, 2024, five bids were received as shown on the attached bid report. Electric Services staff completed evaluation of the bids. The bids include costs for a variety of trade workers to conduct work. To evaluate these bids, staff compared each firm’s bid to a Base Case Cost for Typical Scaffolding Requirements Scenario and the hourly rates and unit prices bid. Staff determined that the apparent low bid from Apache Industrial, La Vista, Nebraska, is acceptable. The benefits of having a contract for these services in place include the following: 1. Consistency of work and quality from a single contractor. 2. Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. 3. Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. 4. City staff time saving in obtaining quotes, evaluating bids, and preparing specifications and other procurement documentation. The approved FY 2024/25 Power Plant operating budget includes $140,000 for these services. Invoices will be based on contract rates for time and materials for services actually received. ALTERNATIVES: 1. Approve the contract with Apache Industrial, La Vista, NE, for Scaffolding and Related Services and Supply Contract at the Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to- exceed $140,000. 2. Award a contract to one of the other bidders. 3. Reject the bid and instruct staff to seek new competitive bids. 34 CITY MANAGER'S RECOMMENDED ACTION: This contract is needed to carry out emergency and routine scaffolding services at the Power Plant. The contract will establish rates for service and provide for guaranteed availability, thereby setting in place known rates for service. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ATTACHMENT(S): Scaffolding prices.pdf 35 Total Price Total Price Total Price Total Price Total Price Line #Description QTY UOM Unit Unit Unit Unit Unit 1 LABOR RATESIf necessary, attach additional s 1 EA 2 Supervisor Hourly Rate - STRAIGHT TIME 1 HR $37.00 $49.65 $55.00 $51.75 $105.92 3 Supervisor Hourly Rate - OVERTIME 1 HR $55.50 $69.55 $82.50 $73.50 $145.92 4 Supervisor Hourly Rate - DOUBLE TIME 1 HR $74.00 $69.55 $110.00 $73.50 $185.92 5 Foreman Hourly Rate - STRAIGHT TIME 1 HR $37.00 $49.65 $55.00 $51.75 $105.92 6 Foreman Hourly Rate - OVERTIME 1 HR $55.50 $69.55 $82.50 $73.50 $145.92 7 Foreman Hourly Rate -DOUBLE TIME 1 HR $74.00 $69.55 $110.00 $73.50 $185.92 8 Journeyman Hourly Rate - STRAIGHT TIME 1 HR $37.00 $44.50 $55.00 $47.00 $105.92 9 Journeyman Hourly Rate - OVERTIME 1 HR $55.50 $62.35 $82.50 $66.00 $145.92 10 Journeyman Hourly Rate - DOUBLE TIME 1 HR $74.00 $62.35 $110.00 $66.00 $185.92 11 Laborer Hourly Rate - STRAIGHT TIME 1 HR $37.00 No Bid $55.00 $41.75 $105.92 12 Laborer Hourly Rate - OVERTIME 1 HR $55.50 No Bid $82.50 $58.50 $145.92 13 Laborer Hourly Rate - DOUBLE TIME 1 HR $74.00 No Bid $110.00 $58.50 $185.92 14 Subsistence 1 DAY $75.00 $90.00 $100.00 $92.00 $150.00 15 Mobilization 1 JOB $75.00 $225.00 $350.00 $575.00 $500.00 16 Demobilization 1 JOB $75.00 $225.00 $350.00 $575.00 $500.00 17 Contract Renewal PeriodInclude any propose 1 EA 18 Labor Rates 1 EA per year 2.0%5.0%2.0%10.0% Apache Industrial Incorp Industries LLC Sunbelt Rentals, Inc hth companines, Central States Scaffolding 2024-132 - Page 1 36 ITEM #:10 DATE:07-23-24 DEPT:ELEC SUBJECT:FUEL OIL TANK REMOVAL AT THE COAL YARD - CHANGE ORDER NO. 1 COUNCIL ACTION FORM BACKGROUND: Adjacent to the City’s Power Plant, located on the West side of the existing coal yard, are two 42,000- gallon underground tanks that previously stored #2 fuel oil for Units 7 and 8. These tanks were installed during the construction of Unit #8 in 1982. Since the Power Plant converted to natural gas in 2016, the fuel tanks are no longer needed. On April 23, 2024, City Council awarded a contract to J. Pettiecord Inc, of Bondurant, IA, in the amount of $110,600 (inclusive of sales tax) to remove the tanks. The tanks were removed in June. During removal, contaminated soil was discovered. The contamination was found above the tanks, which indicates the contamination is likely from small ground spills over decades of operation. Leak testing was regularly performed on the tanks, with the most recent test completed in 2023. All testing showed the tanks were not leaking. The contaminated soil was removed and stockpiled. After the tanks were removed, the remaining soil was tested for contamination. The test results indicated no further soil removal was necessary. A change order is necessary to properly dispose of the contaminated material and the ground water that came in contact with the contaminated soil. Change Order No. 1, in the amount of $189,500, is necessary to remove the contaminated soil and the ground water that was in contact with the contaminated soil, and properly dispose of both. This is a cost-not-to-exceed and will be billed on actual tonnage disposed. This change order brings the total project expenses to $300,100. The project budget contains $250,000 in available funding. The shortfall of $50,100 will be taken from the Ash Pond Closure and RDF Ash Pond Reconstruction project budget. The ash pond closure project, after approval of a separate change order on the July 23 Council agenda, will contain $2,434,046.06 in available funding. ALTERNATIVES: 1. Approve Change Order No. 1 in the amount of $189,500 to J. Pettiecord Inc, of Bondurant, IA, bringing the contract total to $300,100 (inclusive of sales tax). 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: This project is necessary to decommission fuel oil tanks that are no longer used by the Power Plant. All the contaminated soil and liquid encountered during the removal of the tanks must be properly disposed of according to environmental regulations. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 37 ITEM #:11 DATE:07-23-24 DEPT:ELEC SUBJECT:ASH POND CLOSURE AND RDF ASH POND RECONSTRUCTION - CHANGE ORDER NO. 1 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. At the start of construction, the surface of the ash was dry. However, as the contractor dug into the ash it was discovered that there are pockets of very wet ash. The moisture is likely a result of the clay liner at the bottom of the pond holding water as it was designed to do. The ash itself also retains water differently than soil. Wet ash is very slippery and cannot be compacted into a stable mound, which is fundamental to the project. JB Holland has been excavating and spreading out the wet ash to dry it. The larger quantity of wet ash and limited space available to spread it to dry has slowed down construction progress. JB Holland is very familiar with working with wet ash, but the volume of wet ash has proven to require more than just the mechanical means currently being used to dry it. City staff with their consultants and JB Holland have discussed options to reduce the moisture in the ash and continue the construction progress. In addition to spreading out the ash and "air drying," there are additives that can be incorporated into the ash to absorb moisture, such as cement or hydrated lime. The contractor and consultant suggest incorporating an additive into the extremely wet ash. The contractor will continue to spread out and work the ash while also incorporating additive where necessary. As the ash reaches the appropriate dryness, it can be placed in the closure area and compacted. Staff is requesting Council approval of a change order to add $400,000 to the contract for drying additive. The contractor will incorporate the additive into the wettest ash and will not need to treat drier material. Staff, the consultants, and the contractor believes using additive will allow construction to start on the mound and thus create more space for drying. The exact quantity of extremely wet ash is unknown. Staff believes the requested funds will be sufficient to dry the ash, but it is possible that 38 more wet ash will be encountered and further funds will need to be added to the contract. Staff will monitor the progress of the drying process in the next several weeks and will return to the City Council if more funds are necessary. In addition, this change order also includes some small additional items that have been modified from the original scope which staff and the consultant believe better accomplish the overall design of the project. These items are shown below: Action Description Cost Add Drying additive $400,000 Deduct Change from SDR 17 to N12 in 24-inch pipe material ($2,416.41) Add Change in 24-inch concrete flared end section $7,700.00 Add Erosion stone at rock chutes $1,621.20 Add Insulation over forcemain piping $1,200.00 Add Additional pipe boots $7,560.00 Add Increase bond amount $1,680.00 TOTAL $417,344.79 The budget for this project contains $5,457,484 in funding. The original contract amount was $2,606,093.15, leaving $2,851,390.85 available to finance this change order. ALTERNATIVES: 1. Approve Change Order No. 1 in the amount of $417,344.79 to JB Holland Construction Inc, of Decorah, IA, bringing the contract total to $3,023,437.94 (inclusive of sales tax). 2. Do not approve the requested change order. 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 essential that the ash be handled, mounded, compacted, and encapsulated using appropriate techniques to ensure integrity of the material and compliance 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. 39 ITEM #:12 DATE:07-23-24 DEPT:W&PC SUBJECT:WATER TREATMENT PLANT LIME SLUDGE DISPOSAL CONTRACT COUNCIL ACTION FORM BACKGROUND: The City's Water Treatment Plant (WTP) is a conventional lime-softening facility that generates lime sludge as a by-product of the lime softening process. The lime sludge consists primarily of calcium carbonate and magnesium hydroxide, which is dewatered and stored in lagoons prior to disposal on agricultural ground as a soil conditioner. To continue to have adequate storage for the lime sludge, the material must be removed from the lagoons annually. On April 25, 2023, City Council awarded a contract to Wulfekuhle Injection and Pumping, Inc. of Peosta, Iowa for the removal and disposal of lime sludge. The contract calls for the removal of 26,000 wet tons of lime at a unit cost of $14.89 per wet ton, plus mobilization charges of $5,000, for a total contract price of $392,140. The contract is renewable annually for a total of five years, dependent on successful performance by the contractor each year. The contract unit prices are fixed for the entire five- year agreement. Work performed under contract for FY 2023/24 was delayed due to lack of hauling during the winter months and rainy spring weather. Because of this, the contractor was unable to access the lime ponds and/or haul to fields and failed to remove the entire quantity under contract. A total of 13,098.76 tons were removed, at a cost of $195,040.53. In addition, because the contractor's equipment was already on site at the beginning of the contract, the $5,000 mobilization charge was waived. Therefore, the unhauled quantity and avoided mobilization charge results in unspent funds of $197,099.47 on the FY 2023/24 contract. Staff is recommending that a change order be approved to deduct $197,099.47 for the unhauled quantity from the FY 2023/24 contract and then accept the FY 2023/24 contract as complete. FY 2023/24 Contract - $392,140 Total Anticipated Expense Actual Expense Mobilization $ 5,000 $ 0.00 Lime Sludge @ $14.89/ton 387,140 195,040.53 TOTAL $ 392,140 $ 195,040.53 Contract Amount Remaining $ 0 $ 197,099.47 On July 9, 2024, City Council approved the FY 2024/25 contract with Wulfekuhle for lime sludge hauling and disposal, in the amount of $392,140. This contract covers disposal of 26,000 tons, as was 40 the original contract amount in the prior fiscal year. Because only half of the anticipated lime sludge was removed last fiscal year, a greater quantity than normal must be disposed of in FY 2024/25 in order to maintain the needed capacity in the storage lagoons. Therefore, staff recommends moving $148,900 of the unspent funds from the FY 2023/24 contract into the FY 2024/25 operating budget, and that a change order be approved to the FY 2024/25 contract awarded by Council on July 9. This amount will provide for disposal of an additional 10,000 tons of lime sludge compared to the originally awarded amount of 26,000 tons. With that change, the FY 2024/25 operating budget for lime sludge disposal would be as follows. FY 2024/25 Contract Expenses Funding Sources Original Contract Mobilization, 1 @ $5,000 $ 5,000 Lime Sludge, 26,000 tons @ $14.89/ton 387,140 Change Order #1 - 10,000 tons @ $14.89/ton 148,900 Adopted FY 2024/25 Budget $ 396,140 FY 2023/24 Carryover 148,900 TOTAL $ 541,040 $ 545,040 The result of these actions is a two-year total of 49,098.76 tons of lime sludge disposed of (compared to an originally anticipated amount of 52,000 tons), and a two-year total cost of $736,080.53 (compared to an originally anticipated total of $784,280). ALTERNATIVES: 1. Approve the following actions: a. Approve a change order to the FY 2023/24 lime sludge disposal contract with Wulfekuhle Injection and Pumping Inc. of Peosta, Iowa in a deduct amount of $197,099.47. b. Accept completion of the FY 2023/24 lime sludge disposal contract with Wulfekuhle Injection and Pumping in the final adjusted amount of $195,040.53, and release retainage in accordance with the contract documents. c. Authorize the carry-over of $148,900 of unspent funds resulting from incomplete work in the FY 2023/24 operating budget to the FY 2024/25 budget. d. Approve Change Order #1 for the FY 2024/25 lime sludge disposal contract with Wulfekuhle Injection and Pumping, Inc. of Peosta, Iowa in an additive amount of $148,900, bringing the total contract amount to $541,040. 2 . Approve a change order to the FY 2023/24 lime sludge disposal contract with Wulfekuhle Injection and Pumping Inc. of Peosta, Iowa in a deduct amount of $197,099.47 and accept the completion of the FY 2023/24 contact at a total amount of $195,040.53 and approve a contract totaling $392,140 for FY 41 2024/25. 3. Do not accept completion and do not increase the amount of lime sludge to be hauled in FY 2024/25. CITY MANAGER'S RECOMMENDED ACTION: Because of weather and other delays by the contractor, approximately half of the FY 2023/24 lime sludge disposal contract was not completed at the end of the fiscal year. Staff is proposing a change order to delete the remaining quantity, and then accept the FY 2023/24 contract. Staff also proposes that a portion of the unspent funds ($148,900) be carried over into the FY 2024/25 operating budget, and that a change order in an equal amount be approved to add additional quantities to the FY 2024/25 contract for a new project total of $541,040. Staff has impressed upon the contractor the importance of timely execution of the contract and the need to achieve the completion milestones contained in the contract document. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1a-d as described above. 42 ITEM #:13 DATE:07-23-24 DEPT:Electric Services SUBJECT:RAPID NEEDS PURCHASE FOR 161 KV TIE LINE REPAIR COUNCIL ACTION FORM BACKGROUND: The City's Electric utility operates a 161kV transmission line between Ames and Ankeny. This line is a critical component of utility infrastructure to ensure reliable service to Electric Services customers. On May 21, 2024, the transmission line was damaged by a destructive tornado in the vicinity of Ankeny. Eleven transmission poles were broken from the tornado, leaving the line out of service until replaced. To ensure that reliable electrical service could be maintained to the City’s electric customers, immediate repairs were needed to re-establish this line. The repair work involved replacement of poles, restringing the conductor, and re-establishing the fiber communication link. City staff decided to implement rapid need purchases for the materials and installation labor for the transmission poles. Per the Purchasing Policies & Procedures a “rapid-need situation” occurs when materials and/or services could not have been predicted and must be procured in less than the normal allotted time in order to continue a service to the public”. The City’s Purchasing Policies & Procedures state that "if the cost of purchases related to [an] emergency or rapid need is $50,000 or more, the using department shall maintain records” of the expenditure. It further states that the using department “shall report the situation and related expenses to the City Manager for presentation to the City Council. The report shall be in a format as directed by the City Manager." Following the authorization of this "Rapid Needs" purchase by the City Manager ’s Office, seven purchase orders were issued to the following companies: 1. DGR Engineering, Inc., Rock Rapids, IA was issued a purchase order in an amount not to exceed $45,000 for engineering services related to specifying the replacement poles. 2. Bell Lumber, New Brighton, MN, was issued a purchase order in the amount of $116,724.16 to for transmission poles (inclusive of sales tax). 3. Hooper Corporation, Milwaukee, WI, was issued a purchase order in the amount of $100,000 for the installation of poles and necessary repairs (inclusive of sales tax). Additional labor was required after the full extent of the repair work was understood. A change order was issued and the full amount of the contract to Hooper Corporation is in the amount of $329,835.86. 4. Border States, Ames, IA was issued two purchase orders in the amount of $85,006.89 for cable and components for Hooper Corporation to complete the necessary repairs (inclusive of sales tax). 5. RESCO, Elkhart, IA, was issued a purchase order in the amount of $27,801.99 for components for Hooper Corporation to complete the necessary repairs (inclusive of sales tax). 43 6. Communication Data Link LLC, Grimes, IA was issued a change order to an existing contract in the amount of $20,000 to restore fiber optic cable (inclusive of sales tax). 7. Power Line Supply, Williamsburg, IA was issued two orders through a procurement card in the amount of $1,135.96 for bolts for Hooper Corporation to complete the necessary repairs (inclusive of sales tax). The total of these costs to repair the 161 KV tie line is $625,504.86. This amount may be subject to minor adjustments as staff completes the review of billings. Except for minor cleanup and repairs, the necessary repairs are now substantially complete, and the 161 KV tie line has been returned to service. The repair costs will be paid from the Electric Fund available balance. As a follow-up to this action, City staff is seeking FEMA reimbursement for these expenses through the approved federal disaster declaration related to the storm. ALTERNATIVES: 1. Approve the report of the rapid needs purchase for repairs to the 161 KV tie line. 2. Refer this item to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: To restore reliable electric service to the City’s customers in the quickest manner possible following the May 21 tornado, the use of a rapid needs purchase was required. Repairs have been completed to critical electric infrastructure through this process and a report to the City Council is required. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 44 ITEM #:14 DATE:07-23-24 DEPT:HR SUBJECT:APPROVAL OF AN ADDITIONAL 1.0 FTE FOR A HUMAN RESOURCES SPECIALIST COUNCIL ACTION FORM BACKGROUND: Since 2020, the City's Human Resources Department has experienced an exceptionally high volume of recruitment activity. This activity has been due to a number of factors, including increased retirements, fewer applicants for vacancies, and a nationwide trend toward a more transient workforce. The department reorganized in 2022 to help manage the recruitment volume. This involved reclassifying an HR Analyst position to a Human Resources Officer I, which provided another recruitment resource for the organization. Subsequently, staff has re-evaluated the recruitment process and made modifications to expedite the hiring process and has relied on assistance from other City departments and a contract recruiter to manage the recruitment workload. Despite these efforts, the department is consistently working on 45-50 separate recruitments at any given time, and departments often experience delays in filling positions due to a lack of Human Resources availability – which can impact service levels with increased vacancies. As this volume has remained high for several years, it is becoming clearer that the increased recruitment workload challenge is likely a new "normal" rather than a temporary issue. To assist with addressing this increased recruitment workload, staff believes adding an additional recruitment resource to the Human Resources department is now necessary. Therefore, Staff is proposing the addition of a full-time Human Resources Specialist to the Human Resources Department. This position would focus primarily on recruitments, along with preparing for training, handling certain reporting requirements, and other Human Resources tasks as necessary. It is recognized that historically staffing requests are made during the budget process in February. However, because of the backlog of needed recruitments to fill positions in the face of a very competitive employment environment, waiting until next February to obtain Council approval for a new position will prove detrimental to the City. Approving this request will allow the organization to fill positions more quickly without impacting other critical Human Resources responsibilities – and it will provide a more sustainable approach to recruitment. IMPACT ON HUMAN RESOURCES BUDGET: Staff has prepared a position description and evaluated it for placement within the City's compensation plan. Assuming the position is filled at the mid-point of the salary range and with single insurance, the addition of the position is projected to result in an additional $96,903 in expenses if filled for the entire fiscal year. The position is not expected to be filled until September, which will reduce expenses in FY 2024/25 to an estimated $80,752. The expenses for this additional position would be charged to each department's budget based on their FTEs, in the same way other Human Resources positions are allocated. 45 The increased charges to departments in the current fiscal year will be financed using salary savings from various staffing vacancies that occur across the organization. These vacancies result in one-time money that can be reallocated during the year. However, it is important to note that the expenses for this position will become budgeted when the FY 2025/26 Human Resources budget is prepared. Since that budget request is compared to the adopted FY 2024/25 budget, which does not reflect this new position, staff anticipates the FY 2025/26 Human Resources budget will show a significant increase in expenses to cover this position's ongoing costs. ALTERNATIVES: 1. Authorize the addition of a Human Resources Specialist (1.0 FTE) position to the adjusted FY 2024/25 budget. 2. Do not approve the addition of a Human Resources Specialist position. 3. Refer this item back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Requests for additional regular staff outside of the February budget authorization period time is an unusual occurrence. City staff has carefully evaluated the challenges in the current recruitment environment and has made changes to expedite hiring. Despite these efforts, it is clear that more staffing assistance is necessary in the Human Resources Department to fill positions more quickly. Without this support, positions will continue to remain vacant for extended periods of time, reducing the level of service to customers and creating challenges for existing staff that can lead to dissatisfaction among current employees. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as listed above. 46 ITEM #:15 DATE:07-23-24 DEPT:Police SUBJECT:IMMEDIATE TOWING OF ILLEGALLY PARKED VEHICLES ON AUGUST 24, 2024 COUNCIL ACTION FORM BACKGROUND: On July 12, 2022, the City Council approved an ordinance to allow for the immediate towing of vehicles parked illegally when authorized by City Council resolution (Section 18.34 of Municipal Code). The resolution that authorizes such towing must designate certain types of illegal parking subject to tow, along with the specific dates, times, and geographic area subject to immediate towing. This request is to approve a resolution authorizing the use of the immediate towing ordinance for certain areas and times on Saturday, August 24, 2024. This date is the Saturday before Iowa State University classes begin. In the past several years, it has been associated with an increase in alcohol consumption, illegal parking, nuisance parties, and other high-risk activities. This phenomenon began many years ago when alcohol was prohibited in fraternities and sororities during the week leading up to the start of classes. The prohibition ended at 8:00 A.M. on the Saturday before classes began. At 8:01 A.M. (801 day) some students chose to begin drinking. In the late 2010s, these behaviors on the Saturday before classes began to grow beyond a small segment of the ISU population. The date has increasingly become a destination for people from outside Ames and is no longer limited to ISU students. Complaints from residents in the area have also grown. In 2021, City leadership, ISU leadership, and both the Ames and ISU Police Departments began to discuss ways to refocus the event in a way to reduce harm, reduce noise complaints, reduce parking complaints, etc. The unofficial event of 801- day is being transitioned to an official ISU event, Cyclone Welcome Weekend. The University has created several activities to take the focus off alcohol use and overuse and steer activities towards community events and safer alternatives. An additional strategy resulting from these discussions is a focus on immediately removing vehicles that have been illegally parked on residential streets and have become a safety hazard. Illegal parking on residential streets has increased to the point that in some cases emergency vehicles are unable to travel down the street safely due to cars parked on both sides. The current penalty for this kind of illegal parking is $10-$15. This amount has not been a sufficient deterrent to the illegal parking that creates a safety hazard. In addition, a parking ticket does not relieve the safety issue until the violator decides to move the vehicle; except in rare instances, the Police Department is not authorized to order an illegally parked vehicle to be towed immediately. The strategy of towing illegally parked vehicles was authorized in both 2022 and 2023 for Cyclone Welcome Weekend. Staff was pleased to see fewer illegally parked vehicles each of these years with only about 30 vehicles towed each year. Based on these issues, and the success of last two years, staff requests Council approval to invoke the immediate towing ordinance on Saturday, August 24 from midnight to 11:59 p.m. in the following geographic area (See Attached Map): Lincoln Way between Beach Avenue and State Street 47 State Street between Lincoln Way and Mortensen Avenue Mortensen Avenue between State Street and Beach Avenue Beach Avenue between Mortensen Avenue and Lincoln Way Staff requests authorization to tow illegally parked vehicles for the following violations: 1. Alternate side parking violations 2. No parking on one side of the street violations 3. Yellow line violations 4. Fire Hydrant violations Staff does not intend to tow for overtime parking violations, absent a public safety risk. The ordinance makes clear that the passage of such a resolution does not prevent the immediate towing of vehicles when they would otherwise normally be subject to immediate towing, such as blocking traffic or access, or presenting a public-safety risk. Cyclone Welcome Weekend is over a month away which provides ample time to notify the community of the special towing authorization. This will aid residents and visitors in planning to find safe, legal parking if they intend to visit the designated area on that date. Staff will take the following steps to notify the public about the towing authorization in the fall: The Police Department and ISU staff will inform residents while going door-to door during the Good Neighbor Campaign in early August An email outlining the changes to the ordinance will be sent to property managers and owners, with a request to forward the message to tenants. A similar email will be sent to neighborhood associations. Both the City and University will publicize the changes in press releases and social media accounts. Staff will place signs in the affected area emphasizing the portions of the street where parking is illegal. Electronic message signs will also be placed in the area in advance of August 24, subject to availability. In addition, a request will be made to the University to send out notifications to students and staff to make them aware of the new towing policy as a part of a larger campaign regarding Cyclone Welcome Weekend as they have done in the past. ALTERNATIVES: 1. Authorize the immediate towing of vehicles on Saturday, August 24, 2024, from midnight to 11:59 p.m. in the designated area of: Lincoln Way between Beach Avenue and State Street State Street between Lincoln Way and Mortensen Avenue Mortensen Avenue between State Street and Beach Avenue Beach Avenue between Mortensen Avenue and Lincoln Way For the following illegal parking violations: a. Alternate side parking violations 48 b. No parking on one side of the street violations c. Yellow line violations d. Fire Hydrant violations 2. Authorize immediate towing as described in Alternative 1, but modify the time, area, or types of violations subject to immediate towing. 3. Do not authorize the towing of illegally parked vehicles. CITY MANAGER'S RECOMMENDED ACTION: The increase of illegal parking puts the public at risk by making it difficult for emergency vehicles to respond to medical calls, fire calls, and law enforcement calls for service. The City and University have worked very hard over the past few years to create an event to welcome students to Ames (Cyclone Welcome Weekend) and to deter others from attending who create this hazard. The proposed times and geographic area subject to immediate towing will be publicized to the community through a variety of methods in advance of August 24. In addition, this strategy led to fewer illegally parked vehicles in 2022 and 2023 with few cars needing to be towed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Immediate Towing proposed area 2024.jpg 49 50 ITEM #:16 DATE:07-23-24 DEPT:Police SUBJECT:ENHANCED PENALTIES FOR NUISANCE PARTY VIOLATIONS AUGUST 23-25 COUNCIL ACTION FORM BACKGROUND: On July 29, 2022, the City Council approved an ordinance to allow for enhanced penalties for nuisance parties when authorized by City Council resolution [Section 17.30(5) of Municipal Code]. The resolution that authorizes the enhanced penalties must designate specific dates and times subject to the enhanced penalties. This request is to approve a resolution authorizing the use of enhanced penalties for nuisance parties beginning at 5:00 p.m. Friday, August 23, 2024, and ending at 4:00 a.m. Sunday, August 25, 2024. These dates correspond with the weekend before Iowa State University classes begin. In the past several years, the Saturday before classes begin has been associated with an increase in alcohol consumption, illegal parking, nuisance parties, and other high-risk activities. This phenomenon began many years ago when alcohol was prohibited in fraternities and sororities during the week leading up to the start of classes. The prohibition ended at 8:00 A.M. on the Saturday before classes began. At 8:01 A.M. (801-day) some students chose to begin drinking. In the late 2010s, these behaviors on the Saturday before classes began to grow beyond a small segment of the ISU population. The date has increasingly become a destination for people from outside Ames and is no longer limited to ISU students. Complaints from residents in the area have also grown. In 2021, City leadership, ISU leadership, and both the Ames and ISU Police Departments began to discuss ways to refocus the event in a way to reduce harm, reduce noise complaints, reduce parking complaints, etc. The unofficial event of 801-day is being transitioned to an official ISU event, Cyclone Welcome Weekend. The University has created several activities to take the focus off alcohol use and overuse and steer activities towards community events and safer alternatives. An additional strategy resulting from these discussions was a focus on nuisance party enforcement. The Police Department has seen an increase in party sizes on this day, estimating some parties of 400-500 people at private residences. Many of these parties include underage drinking, fights, noise above what is allowed by the noise ordinance, public intoxication, spilling onto neighboring property, public urination, and other inappropriate activities. These behaviors are grounds for citation under the City’s nuisance party ordinance, which may be cited as either a municipal infraction or a simple misdemeanor. Currently, the fine for a first violation of the ordinance is $100, and $200 for second and subsequent violations. It is believed this fine structure is an insufficient deterrent to nuisance parties on the Saturday before classes. The new ordinance passed on July 29, 2022, allows for enhanced penalties for nuisance party violations of $650 for a first offense and $855 for each repeat offense on dates and times approved by resolution by City Council. The enhanced fine structure for nuisance party violations was utilized for Cyclone Welcome 51 Weekend last year and staff noticed some reduction in large parties. Only three citations were written in 2022 for the enhanced penalty Nuisance Party Violation. Cyclone Welcome Weekend is over a month away which provides ample time to notify the community of the enhanced penalties for nuisance party violations. Staff will take the following steps to notify the public about the new ordinance: The Police Department and ISU staff will inform residents while going door-to-door during the Good Neighbor Campaign in early August. An email outlining the changes to the ordinance will be sent to property managers and owners, with a request to forward the message to tenants. A similar email will be sent to neighborhood associations. Both the City and University will publicize the changes in press releases and social media accounts. ALTERNATIVES: 1. Authorize the enhanced penalties for nuisance party violations ($650 for a first offense and $855 for each repeat offense) beginning at 5:00 p.m., Friday August 23 and ending at 4:00 a.m. on Sunday, August 25, 2024. 2. Authorize the enhanced penalties for nuisance party violations as described in Alternative 1, but modify the times and/or dates. 3. Do not authorize enhanced penalties for nuisance party violations. CITY MANAGER'S RECOMMENDED ACTION: The increase of risky behaviors surrounding large parties during what has become known as 801- day is troubling. These large parties are disruptive to neighborhoods and have been increasing for several years. The City and University have worked very hard over the past few years to create an event to welcome students to Ames (Cyclone Welcome Weekend) and to turn the unofficial event into a planned event with better alternatives to consumption of alcohol and risky behaviors. Increasing the fines for nuisance parties at designated times provides another tool for City staff in deterring the disruptive behaviors that have become associated with this weekend. In addition, this strategy was utilized for Cyclone Welcome Weekend the last two years and staff noticed some reduction in large parties. Only three citations were written in 2022 and only five in 2023 for the enhanced penalty Nuisance Party Violation. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 52 ITEM #:17 DATE:07-23-24 DEPT:Planning & Housing SUBJECT:BAKER SUBDIVISION - SECOND AMENDMENT TO RESTRICTIVE COVENANTS FOR AFFORDABLE HOUSING COUNCIL ACTION FORM BACKGROUND: Since around 2007, the City has had a partnership with our local Habitat for Humanity (Habitat) to create homeownership opportunities for lower-income households, mostly utilizing the City's federal CDBG funding. To date, the City and Habitat have partnered on 15 properties throughout the City. This past year, the City entered into agreements with Habitat for it to acquire lots and construct eight single-family homes in the Baker Subdivision. Habitat received a HOME-ARP grant through the Iowa Finance Authority (IFA) to construct six of the homes. The IFA grant requires Habitat to construct the six homes within a specific timeframe, which would then be reimbursed as the homes are constructed. Habitat would receive an additional up to $20,000 of down payment assistance for each homebuyer. Like the City's CDBG/HOME grant requirements, the homes must be sold to qualified LMI households whose annual income is 80% or less of the Ames Area Income Limits. The City’s goal with development or affordable housing and with Habitat has always been to add recapture and/or resale provisions to its homebuyer programs to ensure longer-term affordability for LMI households. The affordability period has varied over the years depending on the program. The Baker agreements with Habitat state that the City must verify that purchasing households meet the income limits of the CDBG/HOME programs before Habitat can close on the purchase of a lot from the City and Habitat can then sell to the qualified homebuyer. To assist Habitat in finding qualified buyers, City staff began accepting and processing applications for potential buyers that are at or below the 80% income requirements and sending that list of potential buyers to Habitat for their consideration. From the beginning of the City's relationship with Habitat, the City has considered Habitat’s mission consistent with City affordable housing goals and requirements. Habitat sells to qualified homebuyers and provides 0% interest rate mortgages and has always had a “first right of refusal” provision in its mortgages that gives it the opportunity to purchase the property back and resell it to another LMI homebuyer in the event that the first LMI buyer would like to sell the property. Recapture/Resale provisions in agreements with Habitat have typically been for 10 years; however, for the Baker Subdivision, it was increased to 20 years to reflect the increased level of investment. The eight Baker agreements also include the qualification for and timing of first-time homebuyer requirements. In these agreements with Habitat, the City has continued to require that Habitat's mortgage requirement grants to Habitat a right of first refusal with the homebuyer. Also, to track the status of the term of the LMI buyer, a provision is included that Habitat must notify and obtain consent from the City before Habitat can assign its mortgage to another Lender. Staff learned at the beginning of July that these provisions have not been followed and that the City's interests have not been met. 53 In recent conversations with Habitat, it has come to staff's attention that the following has occurred: 1. Habitat has assigned at least four mortgages (for properties located outside of Baker Subdivision) to First National Bank without City notification or consent. 2. Staff was also informed on July 22nd, that the 320 Wilmoth property (Lot 7 Baker Subdivision) was assigned to First National Bank without City consent on July 19th, after conversations with Habitat staff about the requirements of the agreement. 3. After the City closed with Habitat on 316 S. Wilmoth in May, Habitat failed to notify the City that the property at 316 S. Wilmoth could not be sold to a qualified buyer as planned and the property is currently vacant. Habitat has been given written notice of a date by which to have the property sold to a new qualified buyer: on or before August 31, 2024. 4. Habitat has shared that due to the slow turnaround in receiving its HOME-ARP grant reimbursements, it wants the City to consider allowing Habitat to assign/sell to First National Bank all future mortgages without further City consent. 5. Habitat has also indicated that although its first right of refusal provisions have consistently been in our agreements and have been effective, depending on the timing of when the family would want to sell the property, Habitat may or may not be in a position to act upon that option in the future. This is due to Habitat, as a local affiliate, considering getting out of the mortgage business altogether. If Habitat will not exercise its right of first refusal, the City has limited ability to ensure that low-income buyers will continue to own the property through the expected affordability period. In light of these recent occurrences and conversations with Habitat staff, City staff has concluded that in order to protect the City's interest in the affordable housing programs and to preserve the City's ability to maintain housing for LMI households for the designated affordability periods, it would be in the City's best interest to modify the Baker Subdivision Covenants. The modified covenants would obligate all the lots designated for affordable housing to remain for low-income households, rather than relying on other partners to protect our interest. Therefore, staff has prepared a Second Amendment to the Restrictive Covenants for the Baker Subdivision that is attached for the City Council's consideration and approval. Staff is requesting Council approval of this amendment to the covenants prior to the closing on another property within Baker Subdivision, which is scheduled for August 7. The Council should note that Lot 7 has been sold by Habitat to a buyer; this amendment to the restrictive covenants would apply to this lot as well. In regard to assigning the future mortgages to First National Bank without notification or consent of the City, staff recommends that this provision remain in the agreements with Habitat. However, staff recommends that City Council clarify that the Housing Coordinator can approve future assignment request after consultation with the City's Legal Department. The 320 Wilmoth and the four mortgages (at least) outside of Baker Subdivision that have been assigned by Habitat to First National Bank without City consent are not addressed by this Council Action Form. These mortgages are not time-sensitive to resolve; staff will investigate the responsibilities of the prior agreements and these mortgages and bring a staff report to the City Council at a later date with options to address these properties and their mortgages. 54 ALTERNATIVES: 1. Approve a Second Amendment to the Restrictive Covenants for the Baker Subdivision related to affordability periods and authorize the Housing Coordinator to approve requests from Habitat to assign mortgages within Baker Subdivision to First National Bank after consultation with the City Legal Department. 2. Modify the proposed amendment to the Restrictive Covenants for the Baker Subdivision. 3. Do not approve a Second Amendment to the Restrictive Covenants for the Baker Subdivision. CITY MANAGER'S RECOMMENDED ACTION: In order for the City to protect its interest in its affordable housing programs and preserve the City's ability to maintain housing for LMI households for the designated affordability periods, it would be in the City's best interest to modify the Baker Subdivision Covenants to obligate that all of the lots designated for affordable housing be restricted to low-income households. This would reduce reliance on outside agencies to enforce the City's affordable housing interests. Clarifying the role of the Housing Coordinator to approve mortgage assignments will also assist in prompt review of mortgage changes requested by Habitat. Therefore, the City Manager recommends that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Second Amedment to Restrictive Covenants for Baker.pdf 55 56 57 ITEM #:18 DATE:07-23-24 DEPT:W&PC SUBJECT:FY 2022/23 STORY COUNTY EDGE OF FIELD PROJECT COUNCIL ACTION FORM BACKGROUND: The Water Pollution Control (WPC) Facility is being converted to implement nutrient removal treatment technology over a period of 20 years. Separate from the work that will occur at the treatment plant, watershed-based improvements performed by the City can be “banked” as credit toward any future, more stringent nutrient reduction regulations imposed on the WPC Facility. On June 11, 2024, Council issued a Notice to Bidders for the FY 2022/23 Story County Edge of Field Project. The project will install five saturated buffers and ten bioreactors that will intercept and treat 19 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. A copy of the bid tabulation is attached. The Engineer's estimate for the work was $257,711. The lone bid received was significantly higher than the estimate at $374,228. Staff is recommending that Council accept the report of bids and delay any action on an award until the August 13 City Council meeting. The additional time will allow staff to confirm with the sole bidder that they have the experience and equipment necessary to perform this specialized work. It will also allow staff an opportunity to consult with the Iowa Department of Agriculture and Land Stewardship and with Story County Conservation, who are partnering with the City on the project, regarding their opinion on the cost exceedance. A preliminary conversation with IDALS (which is funding approximately 60% of the project) suggests they may be comfortable with awarding the bid, but staff wishes to have additional conversations before moving ahead. Should the project move forward, the City's portion of the total project costs would be $78,150. The funding comes from the Watershed Based Nutrient Reduction capital improvements project budgeted at $200,000 per year. ALTERNATIVES: 1. Accept the report of bids and delay action until the August 13, 2024 City Council meeting. 2. Reject the bids and direct staff to consolidate the FY 2022/23 project into the FY 2023/24 project currently under design. 3. Accept the report of bids and award a contract to On Track Construction LLC of Nevada Iowa for the FY 2022/23 Story County Edge of Field Project in the lump sum amount of $374,228.00. CITY MANAGER'S RECOMMENDED ACTION: Because only one bid was received and it exceeded the engineer's estimate by more than 45%, staff is requesting additional time to evaluate the bid and consult with the other governmental 58 funding partners. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 2024-195 FY22-23 Story County Edge of Field Project Bid Tabulation.pdf 59 CITY OF AMES, IOWA amanda.moore@cityofames.org BID NO. 2024-195 BIDDERS On Track Construction LLC Nevada, IA x x x $374,228.00 60 ITEM #:19 DATE:07-23-24 DEPT:PW SUBJECT:2024/25 SHARED USE PATH MAINTENANCE COUNCIL ACTION FORM BACKGROUND: This project focuses on sealing cracks and joints in asphalt paths that can occur due to expansion and contraction of the pavement during seasonal temperature extremes. This project will also include a seal coat on these shared use paths following joint sealing. Locations are determined using a condition inventory, visual inspection of paths, and input from users. Improvements will enhance safety, usability, and also improve the aesthetics of the path/trail system. A list of locations for this project is attached. On July 17, 2024 one bid for the project was received as follows: Bidder Bid Engineer's Estimate $122,120 Mid Iowa Enterprises, LLC $75,340 There is $300,000 of Local Option Sales Tax allocated to this program in FY 2024/25 in the Capital Improvements Plan. Remaining funding will be utilized for other shared use path maintenance priorities. ALTERNATIVES: 1. a. Accept the Report of Bids for the 2024/25 Shared Use Path Maintenance project. b. Approve the final plans and specifications for the project. c. Award the 2024/25 Shared Use Path Maintenance project to Mid Iowa Enterprises, LLC of Story City, IA in the amount of $75,340 2. Reject the bids and direct staff to make changes to this project. CITY MANAGER'S RECOMMENDED ACTION: This project will aid in extending the lifespan of the asphalt paths and enhance the user experience by repairing joints and cracks in the paths. Therefore, it is the recommendations of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 2024-25 SUP CAF Locations.pdf 61 LOCATION DESCRIPTION LENGTH (FT)WIDTH (FT) Lincoln Swing (Abraham to Beedle)* Sealcoat Only 460 8 South River Valley (E 13th to south end of Park)1450 8 North River Valley (E 13th to Carr Park Lot)2950 8 E 13th Street (North River Valley Entrance to Meadowlane Ave)850 8 George Washington Carver (North corporate limits to Valley View Road)3330 8 George Washington Carver (Valley View Road to Chilton)1000 8 George Washington Carver (Chilton to George Washington Carver <southbound>)330 8 Valley View Road (George Washington Carver to Burnham)205 8 Burnham Drive (Burnham to Chilton)1205 8 62 ITEM #:20 DATE:07-23-24 DEPT:PW SUBJECT:302 SONDROL, LLC STORM SEWER EASEMENT, VACATION OF RIGHT- OF-WAY ADJACENT 302 AND 212 SONDROL AVE, AND CONVEYANCE TO 302 SONDROL, LLC. COUNCIL ACTION FORM BACKGROUND: City staff was approached by the owner of 302 and 212 Sondrol Avenue, requesting the vacation and conveyance of a 10' strip of public right-of-way (ROW) adjacent to their property. Mechanical Comfort, currently located at 302 Sondrol Ave, desires to expand their facility south into 212 Sondrol Ave, which they also own. The vacation of the ROW is required to meet zoning regulations for the proposed new parking lot and landscaping associated with the building expansion. When this industrial area was originally platted in 1986, the ROW for Sondrol Avenue was dedicated at 80' in width. If the area were developed today, the current roadway standards would have the ROW at only 60' in width. Thus, based on current standards, there is "excess" ROW of 10' on each side of the street. Utility companies have been contacted and there is no known existing infrastructure in this 10' area adjacent to these properties. As a condition of vacation and conveyance, a public utility easement will be established over the entire vacated area, as indicated on the vacation and easement plats, to accommodate any future utility needs. According to the City’s standard formula, the valuation of this 10' strip of ROW is $10,177.20, which is based on adjacent land values minus 10% for quit claim deed and minus 15% for maintaining an easement. ALTERNATIVES: 1. Approve vacation of right-of-way adjacent to 302 and 212 Sondrol Ave, and conveyance to 302 Sondrol, LLC. a. Resolution approving the vacation of the 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue b. Resolution approving the conveyance of the vacated 10' strip of right-of-way adjacent to 302 and 212 Sondrol Avenue to 302 Sondrol, LLC., for $10,177.20 (as determined by the City's standard formula) 2. Do not proceed and maintain the existing right-of-way CITY MANAGER'S RECOMMENDED ACTION: The conveyance of the 10' strip of right-of-way is needed to facilitate the expansion plans for Mechanical Comfort. Conveyance of this strip would match the current standards for industrial right-of- 63 way width. There are no known utilities in this strip and the strip is also being dedicated to the City as a Public Utility Easement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as noted above. ATTACHMENT(S): 302 Sondrol - General Location.pdf 302 Sondrol - Vacation Request.pdf 302 Sondrol - New PUE.pdf 64 Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, City of Ames, County of Story, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS M © City of Ames, Iowa makes no warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by the use of this map.Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, City of Ames, County of Story, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS | City of Ames IA | City of Ames IA, Pictometry | City of Ames, IA, Pictometry, EagleView 2019 | City of Ames, IA | IA DNR | Original construction by PMC, ProMap Corporation. | Original construction by Miller & Associates. Conversion to ESRI database and georeferencing by PMC, ProMap Corporation. | 1:9,028 Name: Web AppBuilder for ArcGIS ArcGIS Web Map 65 Renaud Engineering LLC June 21, 2024 John Joiner, Public Works Director Public Works Department City of Ames 515 Clark Avenue Ames, Iowa 50010 RE: Request to Vacate Right of Way 302 Sondrol Avenue Mechanical Comfort Properties Dear Mr. Joiner: On behalf of the owner of 302 Sondrol LLC (aka Mechanical Comfort at 302 Sondrol Avenue), we are requesting the City vacate 10 feet of Sondrol Avenue right of way as shown on the attached ROW Vacation Plat. The current width of the street’s right of way is 80 feet; 40 feet to each side of centerline. This will reduce the right of way on the east/south sides to 30 feet. The requested right of way vacation is 3,855 square feet. The purpose of the vacation is to enlarge the 302 Sondrol lot to allow for building expansion, necessary parking to serve the building, and to meet the City’s landscape requirements. The additional right of way will be used primarily for additional site landscaping including the addition of trees. Thank you for your time and consideration in this matter. Sincerely, Scott Renaud Scott Renaud, P.E. Attachment – ROW Vacation Plat cc: Darin Stoll and Jarrett Pfrimmer with Mechanical Comfort Jeff Harris, RMH Architects Justin Moore, City of Ames Planning Department Damion Pregitzer, Ames Traffic Department 66 Lot 1, Third Addition to Sondrol's Subdivision to Ames, Iowa (302 Sondrol Avenue, Ames, Iowa); AND Lot 3, Second Addition to Sondrol's Subdivision to PLAT OF SURVEY CITY OF AMES RIGHT-OF-WAY VACATION PLAT Renaud Engineering, LLC - Attn: Scott Renaud, P.E. Surveyor Company: Return To: Sondrol Avenue City of Ames INDEX LEGEND Location: Requestor: Proprietor: Surveyor: Beck Engineering, Inc. 2480 Berkshire Parkway, Suite B Clive, Iowa 50325 info@beck-engineering.net (515) 330-1538 Brad M. Beck, P.E., P.L.S. #17765 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. Date: Brad M. Beck, P.E., P.L.S. #17765 License renewal date:12/31/2025 Pages certified by this seal:1 Civil Engineering - Land Surveying Landscape Architecture BECK ENGINEERING, INC. (1" = 80') 40 800 GRAPHIC SCALE N BEI PROJECT #: S24054 DRAFTED BY: AJ SURVEYED: JUNE, 2024 BY AJ LEGEND FOUND YELLOW CAPPED 1/2" REBAR #17161 FOUND 5/8" REBAR FOUND YELLOW CAPPED 5/8" REBAR #7037 PLATTED UTILITY EASEMENT FOUND 1/2" REBAR FOUND CUT 'X' IN CONCRETE PAVEMENT SET CUT 'X' IN CONCRETE PAVEMENT COMPUTED POINT NOTHING SET SET YELLOW CAPPED 1/2" REBAR #17765 LOT 2 LOT 1 LOT 6LOT 5 LOT 4 (SURVEY INSTRUMENT #: 2007-00010775) LOT 7 LOT 3 N0 1 ° 5 9 ' 0 1 " W 15 1 . 8 5 ' ( 1 5 2 . 0 0 ' ) N88°47'39"E 154.60' (154.27') S0 1 ° 2 0 ' 5 6 " E 1 5 2 . 0 6 ' ( 1 5 2 . 0 0 ' ) N88°52'35"E 152.92' (152.72') N88°52'35"E 80.00' (80.00') N02°14'23"W 36.30' (36.14') S82°01'57"E 120 . 8 2 ' ( 1 2 1 . 0 0 ' ) N02°13'06"W 37.42' (37.34') LOT 2 SONDROL AVENUE SECOND ADDITION TO SONDROL'S SUBDIVISION 5' 10' 5' 10' 5' RECORD DIMENSION( ) C1 C2 C3 C4 Curve Table CURVE # C1 C2 C3 C4 LENGTH 101.25' 161.82' (161.82') 144.43' 77.98' RADIUS 66.85' 106.85' (106.85') 146.85' 146.85' BEARING N45°18'49"W S45°18'49"E S30°06'01"E S73°29'21"E CHORD LENGTH 91.84' (91.84') 146.80' 138.68' 77.07' (76.93') Δ ANGLE 86°46'40" 86°46'40" (86°46'40") 56°21'04" 30°25'36" N0 1 ° 0 6 ' 4 8 " W 10 5 . 6 5 ' ( 1 0 5 . 5 9 ' ) 88.24' (88.78') 5' 86°46'40" PARCEL 'A' SW1/4 SW1/4 SEC. 1-83-24 (SURVEY INSTRUMENT #: 2017-02001) SURVEYOR'S NOTES: -FOR THIS SURVEY, THE EAST LINE OF LOT 1, SONDROL'S THIRD ADDITION, IS ASSUMED TO BEAR S01°20'56"E AS SHOWN FROM THE IOWA REGIONAL COORDINATE SYSTEM, ZONE 8: AMES-DES MOINES. ALL DISTANCES MEASURED USING THE U.S. SURVEY FOOT. 5'SECOND ADDITION TO SONDROL'S SUBDIVISION 5' 10' 5' 5' BENT 5' 5' 10' OUTLOT 6 SONDROL'S SUBDIVISION I hereby certify on ___________________ that the Plat of Survey is consistent with Chapter 23 of the Ames Municipal Code and any conditions of approval. ___________________________________ Planning & Housing Director LOT 1 SONDROL'S THIRD ADDITION NW COR. LOT 1 P.O.B. SE COR. LOT 3 FEMA NOTES: -THE SPECIAL FLOOD HAZARD AREA DOES AFFECT PARTS OF THE PROPERTY. -PARCELS LIE WITHIN THE SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FIRM PANEL 19169CO163G EFFECTIVE 1/15/2021. FLOODWAY FRINGE BOUNDARY FLOODWAY FRINGE BOUNDARY STORM SEWER EASEMENT NOTE: -SEE STORM SEWER EASEMENT RECORDED AS INSTRUMENT #: 2024-03935, LOCATED AT THE STORY COUNTY RECORDER'S OFFICE. SEE STORM SEWER EASEMENT NOTE 10.00' S88°47'39"W 10.00' S0 1 ° 5 9 ' 0 1 " E 15 1 . 8 4 ' S02°14'23"E 36.44' N01°17'51"E 10.00' C5 116.39'76.85'S45°18'49"E 105.58'86°46'40" C5 PARCEL 3,855 S.F. S88°50'57"E 88.67' N01°06'48"W 10.00' 67 68 ITEM #:21 DATE:07-23-24 DEPT:PW SUBJECT:UPDATING ENFORCEMENT PROVISIONS TO CHAPTER 5B AND CHAPTER 22A OF AMES MUNICIPAL CODE COUNCIL ACTION FORM BACKGROUND: In reviewing sections of the Municipal Code, it was found that certain chapters need updated language to support enforcement of the respective provisions and requirements. The two recently noted are Chapter 5B (Post Construction Stormwater Management) and Chapter 22A (Use of City Right-of-way by Right-of-way Users). Staff from the Public Works and Legal departments have met and determined that minor updates and/or additions to each chapter will provide the necessary enforcement language. These changes will bring the enforcement provisions of these chapters into alignment with other comparable chapters. The penalties would be $500 for first violations and $750 for repeat violations. On June 25, 2024, City Council directed the Legal Department to draft ordinance updates to align the enforcement provisions of Chapters 5B and 22A with comparable sections of the Municipal Code. The enforcement language (see attached) for both Chapters will now read: “A violation of any provision of Chapter (5B or 22A, respectively) shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation.” ALTERNATIVES: 1. Approve first reading of Ordinance updating enforcement provisions to Ames Municipal Code Chapter 5B and Chapter 22A. 2. Do not approve revisions to these chapters of Municipal Code at this time. CITY MANAGER'S RECOMMENDED ACTION: City Council previously directed that the enforcement provisions of Chapters 5B and 22A be updated to be consistent with other similar sections of Municipal Code. Legal staff has now drafted these updates. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above ATTACHMENT(S): Ordinance Chap 5B and 22A.PDF 69 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 5B.8 AND ENACTING A NEW SECTION 22A.17 THEREOF, FOR THE PURPOSE OF UPDATING CODE ENFORCEMENT PROVISIONS, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; 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 5B.8 and enacting a new Section 22A.17 as follows: “Sec 5B.8. ENFORCEMENT BY LEGAL OR ADMINISTRATIVE ACTION (1)Violation of any provision of this ordinance may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this ordinance. (2)Violation of any provision of this ordinance may also be enforced as a municipal infraction within the meaning of Iowa Code Section §364.22, pursuant to the City’s municipal infraction ordinance. A violation of any provision of Chapter 5B shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation. (3)Restoration of lands: Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, City may take necessary corrective action, the cost of which shall become a lien upon the property until paid. (4)Holds on Occupation Permits: Occupancy permits shall not be granted until all storm water management BMPs have been inspected and approved by City.10.2 *** Sec. 22A.17 ENFORCEMENT A violation of any provision of Chapter 22A shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation.” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. 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 70 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:July 23, 2024 Subject:Second reading for ordinance on Electric Rates Item No. 22 MEMO At the July 9, 2024 Ames City Council meeting, Director of Electric Services Don Kom spoke about the proposed ordinance and the Council approved the ordinance on first reading. Don stated that evening that he intended to bring back an amendment to the ordinance which would establish that the ordinance would not go into effect until October 1, 2024. If the Council wants to delay implementation of the ordinance until October 1, the Council should pass the following motion: “Move to amend the ordinance by establishing October 1, 2024 as the effective date.” Below is the current effective date language in the ordinance, amended to reflect the change if the Council adopts this amendment. The current effective date language reads: Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. The amended language would read: Section Three. The effective date of this ordinance shall be October 1, 2024. The ordinance will be in full force and effect from October 1, 2024, and after its passage and publication as required by law. ATTACHMENT(S): July 9 CAF and Draft Ordinance 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 71 ITEM #:30 DATE:07-09-24 DEPT:ELEC SUBJECT:UPDATES TO CHAPTER 28, ELECTRIC RATE MODIFICATIONS COUNCIL ACTION FORM BACKGROUND: Electric utilities periodically conduct cost-of-service and rate design studies to help make long-term financial plans, promote efficient use of resources, and provide fair and equitable rates for customers. Ames Electric Services previously completed a cost-of-service study in 2012. On June 23, 2023, City Council awarded a contract to Utility Financial Solutions to complete a cost-of- service and rate design study. Utility Financial Solutions worked with staff over the past year to analyze the utility’s costs to serve its customers. At the June 18, 2024 City Council/EUORAB Workshop, Mark Beauchamp from Utility Financial Solutions presented results from the cost-of-service study. The Electric Utility Operations Review and Advisory Board (EUORAB) met on June 20, 2024 to discuss the cost-of-service study and issues raised by the City Council. Based on the results of the study, EUORAB is recommending adjustments to customer rates that will send clearer price signals to customers and provide fair and equitable rates. The proposed adjustments will result in no overall revenue increase. As a result of the proposed rate adjustments, some customers will see higher electric bills, while the changes will result in lower bills for other customers. If approved, staff asks that these changes become effective October 1, 2024. However, staff also requests permission to begin a residential pilot of the Time-of-Use rate, for no greater than 40 customers, as soon as August 1, 2024. PROPOSED CHANGES TO ELECTRIC RATES: 1) Change in Monthly Service Charges and Energy Rates The Customer Service Charge is a fixed monthly amount charged to each customer, regardless of how much energy is used. The Customer Service Charge covers the cost of customer class-specific infrastructure (like a service drop and meter), a portion of the distribution system needed to serve the customer, meter reading, and billing. The cost-of-service study recommends raising the Customer Service Charge for Residential, Small Commercial, Industrial, and Large Customer Time-of-Use customers. With no need to increase total utility revenue, the increase in the customer service charge is partially or wholly offset by a lowering in the proposed energy rates. The changes overall will have a larger impact on customers within a class that has low electric usage. For example, the median residential electric customer uses 600 kWh per month. With the proposed changes the median residential customer will see their average monthly electric bill decrease by $1.15. 72 Customer Class Existing Proposed Customer Service Charge Winter Energy Rate $/kWh Summer Energy Rate $/kWh Customer Service Charge Winter Energy Rate $/kWh Summer Energy Rate $/kWh Residential $ 8.32 $ 0.1005 $ 0.1231 $ 14.25 $ 0.0893 $ 0.1101 Small Commercial $ 15.60 $ 0.0986 $ 0.1194 $ 20.50 $ 0.9673 $ 0.1175 Commercial $ 156.00 $ 0.0644 $ 0.0644 $ 156.00 $ 0.0653 $ 0.0653 Industrial $ 156.00 $ 0.0644 $ 0.0644 $ 1,100.00 $ 0.0642 $ 0.0642 2. New Optional Time-of-Use Rates Time-of-Use rates create energy pricing that more closely reflects the cost of electricity during select periods within a day. The consultant is proposing a three-period rate structure. The three periods are: 1. On-peak pricing from 2pm to 6 pm, Monday through Friday, 2. Off-peak rates from 7am to 2pm and 6pm to 8pm, weekdays, and 3. All other times, including six major holidays are “Super Off-Peak” when demand for energy is especially low and energy prices are at their lowest. Adopting Time-of-Use rates will encourage customers to shift energy usage from the utility's peak period to off-peak and super off-peak periods, which can save money for them and the utility by reducing energy usage during the highest cost periods. Managing the utility's peak demand is important to controlling costs for the utility and its customers. Time-of-Use Rates can be beneficial for all customers who manage their electric usage and can be especially advantageous to those charging an electric vehicle. Electric vehicles are large power users whose charging can easily be shifted to off-peak and super-off-peak periods. Offering a very low energy cost for off-peak charging is a significant way Electric Services hopes to help encourage the adoption of electric vehicles, a key component of the City’s Climate Action Plan. Electrification of homes and businesses is also a Climate Action Plan goal. Time-of-Use rates can encourage growth of electric appliances (including water heating and space heating appliances) and ensures that they are used in a way that benefits the grid instead of overburdening it. Residential Time-of-Use Rates Summer Winter On Peak Energy $ 0.2655 per kWh $ 0.1368 per kWh Off-Peak Energy $ 0.0877 per kWh $ 0.1268 per kWh Super Off-Peak Energy $ 0.0740 per kWh $ 0.0694 per kWh Small Commercial Time-of-Use Rates Summer Winter On Peak Energy $ 0.2712 per kWh $ 0.1425 per kWh Off-Peak Energy $ 0.0934 per kWh $ 0.1325 per kWh Super Off-Peak Energy $ 0.0797 per kWh $ 0.0751 per kWh 73 Commercial Time-of-Use Rates Summer Winter On Peak Energy $ 0.2453 per kWh $ 0.1166 per kWh Off-Peak Energy $ 0.0675 per kWh $ 0.1066 per kWh Super Off-Peak Energy $ 0.0538 per kWh $ 0.0492 per kWh Billing Demand for Time of Use Commercial: $4.86 per kVA At this time, Time-of-Use rates will be optional for customers and may be limited by the number of available specialized meters that can properly bill a time-of-use rate. Electric Services plans to implement advanced metering infrastructure in the next year, which will allow for broad adoption of time-of-use rates. At first, participation will be limited to interested customers on a first-come, first- served basis. 3. Large Customer Interruptible Option Bill Credit The cost-of-service study suggests making small changes to the bill credit large energy customers receive for participating in the utility’s interruptible program, and when they successfully curtail load as requested. Current Credit/Penalty Proposed Credit/Penalty Signup Demand Credit $ (2.60)/kVA $ (3.00)/kVA When Called to Curtail Demand Credit $ (2.60)/kVA $ (2.20)/kVA Total $ (5.20)/kVA $ (5.20)/kVA Failure to Curtail Penalty $ 12.00/kVA $ 12.00/kVA Adjustments Between Customer Classes The cost-of-service study analyzed the actual cost of how each customer class contributed to the overall expenses needed to operate the electric utility. Some customer classes create more costs per kilowatt- hour for the utility compared to other customer classes. The cost-of-service study recommends adjusting total customer class revenue, by no more than plus or minus one percent, to begin to align utility rates closer to the actual cost of service. This is accomplished by adopting the specific changes described above. The table below shows expected revenue under the current and proposed rates. Customer Class Projected Revenues Under Current Rates Projected Revenues Under Proposed Rates Percentage Change Residential $ 22,857,359 $ 22,619,810 -1.0% Small Commercial $ 6,658,711 $ 6,716,808 0.9% Commercial $ 21,243,291 $ 21,428,639 0.9% Industrial $ 7,639,880 $ 7,678,079 0.5% Industrial Time of Use $ 5,623,169 $ 5,566,938 -1.0% It should be emphasized Based on discussions held at the joint Council/EUORAB workshop, staff is delaying action on the Renewable Energy Buyback rate until EUORAB has time to develop its recommendation. 74 ALTERNATIVES: 1. Adopt the attached changes to City Code, Chapter 28, as described above, to: a. Adjust monthly service charges and energy rates to better reflect cost of service, effective October 1, 2024. b. Create optional Time-of-Use Rates for Residential, Small Commercial, and Commercial rate customers, effective October 1, 2024 c. Authorize the implementation of a Time-of-Use pilot study of the residential rates no sooner than August 1, 2024 d. Adjust the interruptible bill credit for Large Customers who choose to participate in the Interruptible Load Program, effective October 1, 2024. 2. Do not adopt changes to City Code, Chapter 28, and refer this item back to EUORAB for additional study. CITY MANAGER'S RECOMMENDED ACTION: Adopting the proposed changes will better align existing rates with the cost-of-service study results and create new time-of-use rates. The proposed rate changes result in no net increase in overall utility revenue. The proposed changes have been developed by the consultant with staff overview and approved by EUORAB for adoption by the City Council. Implementing the proposed rate adjustments will promote efficient use of resources, provide fair and equitable rates for customers, and advance the utility’s goals of reducing peak consumption and encouraging beneficial electrification. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1 A-D, as noted above. It should be emphasized Based on discussions held at the joint Council/EUORAB workshop, staff is delaying action on the Renewable Energy Buyback rate until EUORAB has time to develop its recommendation. ATTACHMENT(S): Ordinance Chap 28 Electric Cost-Service Rate.pdf 75