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HomeMy WebLinkAbout~Master - June 11, 2024, Joint Meeting of the Ames City Council and Ames Human Relations Commission Immediately Followed by the Regular Meeting of the Ames City Council1.2023 Ames Human Relations Commission Annual Report 1.Proclamation for "Ames Pollinator Week," June 17-23, 2024 2.Motion approving payment of claims 3.Motion approving Summary of Minutes of Regular City Council Meeting on May 28, 2024 4.Motion approving Report of Change Orders for period May 16-31, 2024 5.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Iowa State @ Fisher Theater, (1930 Center Drive Fisher Theater), Class C Retail Alcohol License with Catering Privilege b. Iowa State @ Scheman Building, (1805 Center Street Scheman Building), Class C Retail Alcohol License with Catering Privilege c. Texas Roadhouse, (519 South Duff Avenue), Class C Retail Alcohol License with Catering Privilege d. Courtyard by Marriott Ames, (311 S. 17th Street), Class C Retail Alcohol License with Outdoor Service and Catering e. Jethro's BBQ, (1301 Buckeye Avenue), Class C Retail Alcohol License with Catering Privilege AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL JUNE 11, 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. JOINT MEETING OF THE AMES CITY COUNCIL AND AMES HUMAN RELATIONS COMMISSION PRESENTATION: COMMISSION COMMENTS: ADJOURNMENT; REGULAR MEETING OF THE AMES CITY COUNCIL* *The Regular Meeting of the Ames City Council will immediately follow the Joint Meeting of the Ames City Council and Ames Human Relations Commission. PROCLAMATIONS: CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 f. Northcrest Inc, (1801 20th Street), Special Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review g. Morning Bell Coffee Roasters, (111 Main Street), Class C Retail Alcohol License, Pending Dramshop Review h. Main 3326 LW, (3326 Lincoln Way), Special Class C Retail Alcohol License i. Bottom’s Up Bar & Lounge, (398 Main Street) Class C Retail Alcohol License 6.Resolution approving appointment to Ames Public Library Board of Trustees 7.Resolution approving request to modify the City's FY 2023/24 ASSET contract with YSS 8.Resolution approving revisions to ASSET Policies and Procedures 9.FY 2024-25 Contracts with Human Services Agencies (ASSET): a. Resolution approving FY 2024/25 contracts with Human Services Agencies (ASSET) b. Resolution approving the City's unallocated funds and reserving $117,322 for emergency shelter needs and $6,000 for housing service coordination 10.Resolution approving FY 2024/25 Commission on the Arts (COTA) Annual Grant Contracts 11.Resolution approving FY 2024/25 Outside Funding Contracts 12.Resolution approving the Covenant related to Floodplain area upon Lot 27, and Outlot Z in the Baker Subdivision 13.Resolution approving consent to transfer of corporate ownership from Sustainable Environmental Consultants, West Des Moines, Iowa to Eocene Environmental Group, Inc., of West Des Moines, Iowa 14.Resolution approving the funding agreement with the Iowa Department of Transportation in the amount of $1,890,000 for the 2024/25 Arterial Street Pavement Improvements (Hyland Avenue) 15.Resolution approving Preconstruction Agreement BRF-030-5(271)--38-85 with the Iowa DOT for grading, paving, and bridge replacement over the South Skunk River on U.S. 30 from South Duff Avenue to South Dayton Avenue 16.Resolution approving preliminary plans and specifications for FY 2022/23 Story County Edge of Field Project, setting July 10, 2024, as bid due date and July 23, 2024, as date of public hearing and award 17.Resolution approving contract with HTH Companies, Inc., of Union, MO, for the Non-Asbestos Insulation 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 $120,000 18.Resolution approving contract renewal and bond with Waldinger Corporation, of Des Moines, IA, for the Power Plant Maintenance Services Contract for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $165,000 19.Resolution approving contract renewal with Burns & McDonnell, of Kansas City, MO, for the Professional Services for Power Plant Fire Risk Mitigation Contract for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $50,000 20.Water Meters and Related Accessories Supply Contract a. Resolution waiving competitive bidding requirements for water meters and related accessories b. Resolution approving contract with Van Wert Company (Grundy Center, IA) to purchase ERTs and related accessories for the one-year period of July 1, 2024 through June 30, 2025 in an amount not to exceed $92,937.50 c. Resolution approving contract with Badger Meter (Milwaukee, WI) to purchase water meters and related accessories for the one-year period of July 1, 2024 through June 30, 2025 in an amount not to exceed $313,574.67 21.Resolution waiving formal bidding requirements and authorizing City staff to enter into FY 2024/2025 software maintenance contracts with Superion, LLC, a CentralSquare Company at an estimated cost of $238,901.69 22.Resolution waiving formal bidding requirements and authorizing City staff to enter into a five-year 2 contact with Iowa Communications Network to provide internet services to the City of Ames at a five-year cost of $144,319.24 23.Resolution approving Change Order No. 1 with Ames Trenching and Excavating for Emergency Utility Repair in the amount of $26,000 24.Resolution approving Change Order No. 3 to JEO Consulting for the FY 2022/23 Story County Edge of Field Project 25.2023/24 Traffic Signal Program (S. Duff Avenue/Chestnut Street) a. Resolution Approving Balancing Change Order b. Resolution accepting the 2023/24 Traffic Signal Program as completed by Van Maanen Electric, Inc. of Newton, Iowa in the amount of $193,073.80 26.Resolution accepting the 2025/26 Traffic Signal Program (S. Duff Avenue/S. 3rd Street) as completed by Van Maanen Electric, Inc. of Newton, Iowa in the amount of $108,692.00 27.FY 2023-24 Year-End Sustainability Report a. Resolution accepting report as presented b. Resolution awarding a new two-month contract 28.Resolution approving/Motion denying funding in the amount of $5,400 from Council Contingency to Ames International Partner Cities Association to fund two scholarships for Youth Delegation trip to Koshu City, Japan 29.Motion directing staff regarding solid waste collection & disposal strategy 30.Staff Report on Infill Development Standards, including Pocket Neighborhoods and Townhome Dwelling Type 31.Request from the Alcoholic Beverages Division to provide a response regarding the status of the Class C Retail License - Celaya, 217 South Duff 32.Hearing on a Zoning Text Amendment to the Zoning Ordinance for a new exception and related standards for outdoor storage in the General Industrial (GI) Zoning District a. First reading of ordinance 33.Hearing on Rezoning of 2212 Oakwood and Adjacent Right-of-Way from Agricultural (A) to Suburban Residential Low Density Floating Zone (FS-RL) a. First reading of ordinance 34.Hearing on Nuisance Assessment a. Resolution assessing costs of snow/ice removal and certifying assessments to Story County Treasurer 35.Hearing on Nuisance Assessment: a. Resolution assessing cost of sidewalk repair/replacement and certifying assessments to Story County Treasurer PUBLIC FORUM : This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: PUBLIC WORKS : PLANNING AND HOUSING: POLICE: HEARINGS: 3 36.Hearing on 2024/25 Right-of-Way Restoration Program: a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Alpha Landscapes of Johnston, IA, in the amount of $108,985.00 37.Hearing on 2024/25 Clear Water Diversion Program - Douglas Avenue (14th Street - 16th Street): a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Iowa Water & Waste Systems of Ames, IA in the amount of $90,681.0 38.Hearing on Zoning Text Amendment to Allow For 20% Alternative Design Adjustments to General and Base Zone Development Standards a. First reading of ordinance 39.Hearing on Zoning Text Amendment on Updates to Chapter 9 Flood Plain Zoning Regulations a. First reading of ordinance 40.Second reading of ordinance on Zoning Text Amendment to allow Mixed-Use Development in the Research and Innovation Zoning District (ISU Research Park) 41.Third reading and adoption of ORDINANCE NO. 4530 on Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit 42.Third reading and adoption of ORDINANCE NO. 4531 Amending Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking 43.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: REPORT OF GOVERNING BODY: COUNCIL COMMENTS: DISPOSITION OF COMMUNICATIONS TO COUNCIL: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 4 To:Mayor and City Council From:Casandra Eames, Staff Liaison to the Ames Human Relations Commission Date:June 11, 2024 Subject:2023 Ames Human Relations Commission Report Item No. 1 MEMO Please see the attached 2023 Annual Report, which was approved by the Ames Human Relations Commission at its meeting on May 23, 2024. ATTACHMENT(S): 2023 Annual Report.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 5 6 • Chunhui Chen, Vice Chair • Wayne Clinton, Chair • Angie DeWaard (appointed April 2023) • Khushi Patel (January May 2023) • Marty Martinez (appointed April 2023) 7 • Casandra Eames, City of Ames Staff Liaison (March-December 2023) • Deb Schildroth, City of Ames Staff Liaison (January June 2023) • At the Martin Luther King Day Celebration at Ames City Auditorium on January 16, Vice Chair Clinton presented the Humanitarian Award to Maria Celeste Gonzalez Chaves. He also served on the organizing committee for the event. • Chair Clinton attended the NAACP Freedom Fund Banquet on February 16. • Participated in the interview process for the new City of Ames Diversity, Equity, and Inclusion (DEI) Coordinator. • In Concert with an artist from the Huron-Wendat Nation who raises awareness for survivors of childhood sexual abuse, Missing and Murdered Indigenous Women, and residential schools. • Welcomed Casandra Eames as the new DEI Coordinator and Staff Liaison to the Commission. • Began drafting the 2022 Annual Report. • Welcomed new Commissioners Angie DeWaard and Marty Martinez and elected Wayne Clinton as Chair and Chunhui Chen as Vice Chair. • Coordinator Vanessa Baker-Latimer to mark Fair Housing Month. • A Home for Everyone Award City Council meeting. • Approved the 2023-2025 Strategic Plan. • Co-sponsored the 2023 Ames Asian American and Pacific Islander (AAPI) Heritage Month Celebration on May 6 at Iowa State University, attended by over 400 people. Chen participated in organizing the event, which included awards for a student essay contest on the topic Bring AAPI Heritage into Real Life. • At the May 9 City Council Meeting, Vice Chair Chen accepted a proclamation from Mayor Haila recognizing AAPI Heritage Month. • Approved the 2022 Annual Report and FY 2023-24 AHRC Budget at Commission meeting on May 25. 8 • Co-sponsored the 2023 Juneteenth Celebration on June 17 at Bandshell Park. Chair Clinton, Vice Chair Chen, and Commissioner DeWaard staffed a table featuring games, snacks, and giveaways. • Held Joint Meeting with Ames City Council on June 13 to present the 2022 Annual Report. • Bade farewell to Staff Liaison Schildroth as she left for a different job. • No activity to report. • Participated in National Night Out on August 1. Commissioners staffed a table featuring games, snacks, and giveaways. • Approved the FY 2023-24 Cooperative Agreement with the Iowa Civil Rights Commission. • Attended Pridefest on September 30. • Began developing an internal community outreach guide and a calendar of celebrations to facilitate proactive community engagement. • Held a Meet and Greet event for the Commission and DEI Coordinator on October 7 at RAYGUN. • Co-sponsored the Symposium on Building Inclusive Organizations 2023 on November Chair Clinton and Commissioner Martinez attended the event. • Humanitarian Award Recipient: Cari McPartland. 9 36 27 22 23 0 5 10 15 20 25 30 35 40 2020 2021 2022 2023 Complaints by Year 10 • There was a 4.5% increase in total complaints. • Employment increased from 17 to 20 complaints. • Housing decreased to 1 complaint from 3. • Public Accommodation decreased from 3 to 2 complaints. 2 26 1 7 2 18 5 2 0 17 3 3 0 20 1 2 0 5 10 15 20 25 30 Education Employment Housing Public Accomodation Complaints by Category 2020 2021 2022 2023 11 11 8 4 6 24 15 9 9 1 1 4 1 3 4 6 4 0 1 0 1 10 10 9 8 6 3 1 1 14 11 11 6 13 8 7 12 2 1 1 1 0 5 10 15 20 25 2020 2021 2022 2023 Basis for Complaints Age Disability Gender Identity National Origin Pregnancy Race/Color Religion Retaliation Sex Sexual Orientation 8 4 4 6 8 9 4 1 3 2 1 2 2 2 2 1 0 2 4 6 8 10 Accommodation Reduced Hours Discipline Constructive Discharge Discharge Harassment Sexual Harassment Demotion Assignment Reduced Pay Promotion Service Suspension Benefits Training Terms and Conditions Cause of Action 12 • The number of complaints increased by one between 2022 and 2023. • Of the 23 complaints in 2023, the majority (20) were in the category of Employment, and the most common basis for complaints was Sex with a total of 12. • The most frequent outcome was Administrative Closure (10). For the ICRC, the Administrative Closure category encompasses three scenarios: o Further investigation is not warranted. o -to- administratively closes the complaint and will take no further action on the complaint. o If conciliation fails, the complaint will be reviewed to determine whether it should proceed to public hearing. If the complaint is not selected for public hearing, the complaint will be administratively closed. 0 1 0 0 2 1 1 22 1 0 0 5 1 0 3 12 8 9 7 14 14 11 10 1 1 1 0000 1 0 2 4 6 8 10 12 14 2020 2021 2022 2023 Results of Complaints Failure to Cooperate Satisfactory Adjustment Withdrawal Right to Sue Open Administrative Closure No Probable Cause No Jurisdiction 13 Sex (Female), Sexual Orientation (homosexual) Reduced Hours, Discipline, Discharge, Constructive Discharge Race (Black), Sex (Female), Color, Retaliation Demotion, Assignment, Harassment, Reduced Pay, Promotion Race (Black), Sex (Male), National Origin Discipline, Harassment, Sexual Harassment, Assignment, Discharge Race (Other), National Origin (Hispanic), Age (Older), Disability Denied Accommodation, Benefits, Discharge Denied Accommodation, Harassment, Sexual Harassment, Training, Discharge Harassment, Sexual Harassment, Denied Accommodation, Reduced Hours, Reduced Pay, Assignment Denied Accommodation, Race (Black), Color, National Origin, Retaliation Employment Disability, Retaliation Denied Accommodation, Sexual Harassment, Constructive Discharge Open (EEOC investigating) Employment Gender Identity, Retaliation Harassment, Constructive Discharge Open (EEOC investigating) 14 Area Basis Cause of Action Result Employment Race (Other), Sex (Female), Age (Older) Benefits, Discipline, Constructive Discharge Open Employment Sex (Female), Age (Older) Discharge Right to Sue Public Accommodation Disability Service No Jurisdiction 15 • AHRC will work directly with the Iowa Civil Right Commission and will collaborate annually with a representative to better understand the complaint process. • AHRC will obtain and review reports from the Iowa Civil Rights Commission on claims of discrimination in relation to types and probable cause. • AHRC will obtain and review reports from the City on types of claims made locally in writing, or on the website and report of Discriminatory Claims to the City, and any concerns expressed through HumanRelations@cityofames.org. • AHRC will obtain and review formal and informal reports that will be used to determine priority areas of focus and will share with City Council and community stakeholders annually and as needed. OBJECTIVE 2: AHRC will partner with the City and community members to learn about discrimination and how to decrease the risk. • AHRC will partner with community employers and human resource specialists to identify concerns and opportunities for non-discriminatory workplace cultures as needed. • AHRC will summarize and share qualitative and quantitative findings with City Council relating to claims of discrimination. • AHRC will work with the City to identify public reporting related to inclusion and anti-discriminatory practices. 16 • AHRC will reach out to community partners or populations to identify concerns or successes in the areas mentioned above. • AHRC will collect and summarize findings to be used for future planning, i.e., Community Demographics, CyRide or City Surveys. • AHRC will increase engagement and community interactions. • AHRC will monitor and report contacts or participation in relation to social media and public engagement activities. • Provide materials for educational press releases or social media on topics related to diversity, housing, employment, public accommodations, or services, etc. • Co-sponsor and have commissioners attend community events with aligned organizations and individuals throughout the City, such as but not limited to the annual awarding of the Humanitarian award (January-Dr. Martin Luther King Jr. Day Holiday), Fair Housing Award (April at City Council), AAPI Heritage Month Celebration event (May), Juneteenth (June). • and have commissioners attend the events. • Commission Members will work with community partners who specialize in areas of expertise. 17 • Commission Members will represent AHRC with respect, recognize and celebrate the inclusion. They will be respectful of opinions, customs, and individual preferences to help build strong relationships. • AHRC will strive to effectively spend the budgeted monies from the Ames City Council responsibly. Monies allocated for the Commission should only be used in ways that advance these strategic goals. • AHRC will describe the ways in which its monies were used and in what ways its use advanced the goals described above in the annual report. 18 To:Mayor and City Council From:City Clerk's Office Date:June 7, 2024 Subject:Approval of Mintues Item No. 3 MEMO Attached are the minutes for the Regular City Council Meeting held on May 28, 2024. /cmw ATTACHMENT(S): C24-0528 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 19 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 MAY 28, 2024 CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Chair Pro Tem and voting member Amber Corrieri at 6:02 p.m. on the 28th day of May, 2024. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Jonathan Popp, City of Gilbert; and Linda Murken, Story County Board of Supervisors. Emily Boland, Ames Transit Agency Board of Trustees, joined the meeting electronically. CONSENT AGENDA: Moved by Murken, seconded by Beatty-Hansen, to approve the consent agenda. 1. Motion recommending Ames City Council approval of Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for the 2050 Metropolitan Transportation Plan update in an amount not to exceed $499,851 2. Motion approving draft Public Participation Plan and setting July 9, 2024, as date of public hearing Vote on Motion: 8-0. Motions declared carried unanimously. FFY 2025-2028 TRANSPORTATION IMPROVEMENT PROGRAM: Director of Public Works John Joiner reviewed the Transportation Committee Action Form (TCAF). Moved by Junck, seconded by Popp, to approve the Draft FFY 2025-2028 Transportation Improvement Program and set July 9, 2024, as date of public hearing. Vote on Motion: 8-0. Motion declared carried unanimously. HEARING ON FY 2025 TRANSPORTATION PLANNING WORK PROGRAM: Director Joiner presented the TCAF and noted that no public comments were received on the draft plan. The Public Hearing was opened and closed by Chair Pro Tem Corrieri when no one came forward to speak. Moved by Rollins, seconded by Murken, to adopt RESOLUTION NO. 24-279 approving Final FY 2025 Transportation Planning Work Program. Vote on Motion: 8-0. Motion declared carried unanimously. COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Popp, to adjourn at 6:06 p.m. Vote on Motion: 8-0. Motion declared carried unanimously. 20 2 REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 28, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Amber Corrieri at 6:11 p.m. on the 28th day of May, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Emily Boland joined the meeting electronically. Mayor John Haila and Council Member Gloria Betcher were absent. CONSENT AGENDA: Mayor Pro Tem Corrieri noted that staff requested to pull Item No. 12 and Council Member Rollins requested to pull Item No. 13. Moved Beatty-Hansen, seconded by Junck, to approve the consent agenda less Item No. 12 and Item No. 13. 1. Motion approving payment of claims 2. Motion approving Summary of Minutes of Regular City Council Meeting on May 14, 2024, and Special Meeting on May 23, 2024 3. Motion approving Civil Service Candidates 4. Motion approving Report of Change Orders for period May 1-15, 2024 5. Motion approving 5 - Day License (June 9 - June 13, 2024) Class C Retail Alcohol License - Your Private Bartender, 2609 University Boulevard 6. Motion approving new Class E Retail Alcohol License - BP, 2720 East 13th Street, Pending Favorable Inspection 7. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Della Viti, (323 Main Street #102), Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Old Chicago Pizza and Taproom, (1610 S. Kellogg Ave), Class C Retail Alcohol License with Outdoor Service c. Casey's General Store #2560, (3020 S Duff Ave), Class E Retail Alcohol License d. Green Hills Residents' Association, (2200 Hamilton Drive, Suite 100), Class F Retail Alcohol License with Outdoor Service e. MMDG Spirits, (126A Welch Avenue), Class E Retail Alcohol License f. Kum & Go #200, (4510 Mortensen Road), Class E Retail Alcohol License g. Kum & Go #216, (203 Welch Ave), Class E Retail Alcohol License h. Wheatsfield Cooperative, (413 Northwestern Avenue), Special Class C Retail Alcohol with Outdoor Service i. Hilton Garden Inn Ames, (1325 Dickinson Avenue), Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review 8. Motion to approve the Police Department's application to and participation in the 2024 Department of Justice Office of Justice Programs Bulletproof Vest Partnership Program. 9. Motion authorizing the Mayor to send letter to Iowa Economic Development Authority (IEDA) acknowledging and approving the relocation of Sabanto Inc. from Iowa State University Research Park in the City of Ames to the Nevada, Iowa 21 3 10. Requests for Midnight Madness on July 13, 2024: a. RESOLUTION NO. 24-280 approving partial street closures of Collaboration Place to S. Riverside Drive (north side lane), S. Riverside Drive north to Airport Road (west side lane), Airport Road between S. Riverside Drive and South Loop Drive (south side of eastbound traffic), South Loop Drive (east side of road), and University Boulevard from Cottonwood Road to Collaboration Place (east side of road) 11. RESOLUTION NO. 24-281 approving appointments to Historic Preservation Commission and Parks and Recreation Commission 12. RESOLUTION NO. 24-282 approving request to modify the City's FY 2023/24 ASSET contract with YSS 13. RESOLUTION NO. 24-283 approving request from Ames NAACP for $1,000 financial commitment to the 2024 Ames Juneteenth Event to be held on Saturday, June 15, 2024, at Bandshell Park 14. RESOLUTION NO. 24-284 approving Professional Services Agreement for 2023/24 Airport Improvement Program (Wildlife Fence Project) 15. RESOLUTION NO. 24-285 approving Professional Services Agreement with HDR Engineering, Inc. of Omaha, Nebraska for the 2050 Metropolitan Transportation Plan update in an amount not to exceed $499,851 16. RESOLUTION NO. 24-286 awarding contract to Energy Solutions, Inc., of Elkhorn, NE for transformer oil reconditioning and repair for the Electric Department's Technical Services Division in the amount of $89,328.95 17. RESOLUTION NO. 24-287 approving contract renewal with Wellmark for administrative services, specific to aggregate excess insurance, and access fees for benefits from July 1, 2024 to June 30, 2025 18. RESOLUTION NO. 24-288 approving contract renewal with Delta Dental of Iowa for administrative services for dental benefits effective July 1, 2024 19. RESOLUTION NO. 24-289 approving contract renewal with Wellmark Blue Cross Blue Shield for FY 2024/25 Wellness Program Services beginning July 1, 2024 20. RESOLUTION NO. 24-290 approving contract renewal with Wulfekuhle Injection & Pumping, Peosta, IA, for Cell Maintenance Services for Electric Services (RDF ash), for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $200,000 21. RESOLUTION NO. 24-291 approving contract renewal with MPW Industrial Water Services Inc., of Hebron, OH, for the Bottle Exchange Program and Related Services for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $55,000 22. RESOLUTION NO. 24-292 approving contract and bond for the 2023/24 Shared Use Path Expansion with Con- Struct, Inc., of Ames, Iowa 23. RESOLUTION NO. 24-293 approving Change Order No. 1 with Waldinger Corporation for Power Plant Maintenance Services Contract in the amount of $140,000 24. RESOLUTION NO. 24-294 approving Amendment No. 2 to Professional Services Agreement with WHKS & Co. for 2019/20 Storm Water Erosion Control Program (Ioway Creek - 6th to 13th St) in the amount of $20,600 25. RESOLUTION NO. 24-295 Approving Change Order No. 6 to 2023 CyRide Shop Rehabilitation Project 22 4 26. RESOLUTION NO. 24-296 accepting final completion of Old Water Plant Demolition Project with LinnCO, Inc., of Sartell, Minnesota in the final amount of $2,599,638.10 27. RESOLUTION NO. 24-297 accepting completion of the Furman Aquatic Center Pool Basin Repainting Project to Amusement Restoration Companies, L.L.C, Burnet, Texas, in the amount of $133,405.75 28. RESOLUTION NO. 24-298 accepting completion of Stormwater Management (Chapter 5B) at Barilla, 3311 E Lincoln Way, and releasing financial security in full 29. RESOLUTION NO. 24-299 accepting completion of Stormwater Management (Chapter 5B) at Courtyard (G&G Hospitality), 311 S 17th Street, and releasing bond in full 30. RESOLUTION NO. 24-300 accepting completion of Stormwater Management (Chapter 5B) at Menards, 700 SE 16th Street, and releasing financial security in full 31. RESOLUTION NO. 24-301 accepting completion of landscaping requirements at Staybridge Hotel, 2111 Isaac Newton Drive and releasing financial security in full Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FY 2023/24 ASSET CONTRACT WITH YSS: Moved by Gartin, seconded by Rollins, to place the item on a future agenda. Vote on Motion: 5-0. Motion declared carried unanimously. FINANCIAL COMMITMENT TO THE 2024 AMES JUNETEENTH EVENT : Council Member Rollins noted that she requested to pull this item due to conflict of interest. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 24-283 approving request from Ames NAACP for $1,000 financial commitment to the 2024 Ames Juneteenth Event to be held on Saturday, June 15, 2024, at Bandshell Park. Roll Call Vote: 4-0-1, Rollins abstaining due to conflict of interest. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: The Public Forum was opened by Mayor Pro Tem Corrieri. Richard Deyo, 505 8th Street, Unit 2, Ames, shared his support for a nudist park in Ames. Merrick S., 1225 Delaware Avenue, Ames, spoke about the genocide happening in Gaza. The Public Forum was closed by Mayor Pro Tem Corrieri when no one else came forward to speak. REQUESTS FOR AMES PRIDEFEST: Assistant City Manager Brian Phillips presented the Council Action Form (CAF) and engaged with questions from the City Council members. Moved by Beatty-Hansen, seconded by Junck, to approve Option 1 with reimbursement to the Parking Fund in the amount of $373.50 from the Hotel/Motel Tax Fund. Motion withdrawn. Moved by Beatty-Hansen, seconded by Junck, to approve blanket Temporary Obstruction Permit 23 5 and blanket Vending License. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 24-302 approving closure of Douglas Avenue from Main Street to 6th Street and 5th Street between Kellogg Avenue and the alley east of Adams Family Funeral Home from 5:00 a.m. to 10:00 p.m. Vote on Motion: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 24-303 approving waiver of parking meter fees and enforcement with reimbursement to the Parking Fund in the amount of $373.50 from the Hotel/Motel Tax Fund. Vote on Motion: 4-1, Gartin dissenting. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 24-304 approving waiver of fee for blanket Vending License. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. NATURAL GAS SUPPLY CONTRACT: Director of Electric Services Donald Kom reviewed the CAF. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-305 authorizing staff to enter into a Natural Gas Supply contract for calendar year 2025. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. GEOTHERMAL INSTALLATION COSTS WITHIN THE BAKER SUBDIVISION: Director Kom presented the memo and noted that the item was for informational purposes only. TAX INCREMENT FINANCING (TIF) DEVELOPMENT AGREEMENT FOR NORTH DAYTON INDUSTRIAL SUBDIVISION: Planner Justin Moore reviewed the request to amend the Development Agreement and answered questions from the City Council. Mayor Pro Tem Corrieri opened the Public Input. Chuck Winkleblack, Hunziker Companies, 105 S. 16th Street, Ames, discussed the unique and unforeseen barriers to development at the North Dayton Industrial Subdivision, encouraging the City Council to approve the request to amend the Development Agreement. Mayor Pro Tem Corrieri closed the Public Input when no one else came forward to speak. Moved by Junck, seconded by Beatty-Hansen, to approve Alternative 1: a) Increase maximum TIF reimbursement by $151,687.05 related to Category #1 for the eligible construction costs listed on the exhibit in the Development Agreement, bringing the total reimbursement to 24 6 $3,119,951.05; b) Amend the agreement to include a one-time $22,000 sales price increase for Lot 2, in addition to the allowed per acre cost; and c) Direct staff to not proceed with collection of the $15,000 penalty if the building is completed by June 28th, 2025. Vote on Motion: 3-2, Corrieri and Gartin dissenting. Motion declared carried. Moved by Gartin, seconded by Corrieri, to request the Legal Department review the structure of Development Agreements. Motion withdrawn. STAFF REPORT ON REDIRECTION AREA PRIORITIES: Planner Benjamin Campbell presented the Redirection Area Priorities. Moved by Gartin, seconded by Beatty-Hansen, to direct staff to include Redirection Area #1: South of Campus (Hunt/Knapp) in the Planning and Housing Work Plan. Vote on Motion: 5-0. Motion declared carried unanimously. JOINT USE PARKING PLAN FOR 214 S. SHERMAN AVENUE: Director of Planning and Housing Kelly Diekmann reviewed the Parking Plan. Moved by Beatty-Hansen, seconded by Rollins, to adopt RESOLUTION NO. 24-306 approving Parking Plan for 214 S. Sherman Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. WATER POLLUTION CONTROL FACILITY NUTRIENT REDUCTION MODIFICATIONS PHASE 1 PROJECT: Director of Water and Pollution Control John Dunn reviewed the details of the contract and the proposed amendments. Moved by Beatty-Hansen, seconded by Rollins, to adopt RESOLUTION NO. 24-275 approving Amendment No. 2 to the agreement with Strand Associates for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HYLAND AVENUE PAVEMENT IMPROVEMENTS: Director Joiner reviewed the scope of the proposed project. Moved by Beatty-Hansen, seconded by Junck, to direct staff to amend the design scope of the Hyland Avenue project to include a shared use path on the West side of Hyland Avenue in accordance with Alternative 1. Vote on Motion: 5-0. Motion declared carried unanimously. SOLID WASTE COLLECTION AND DISPOSAL FOLLOW-UP STAFF REPORT: Assistant City Manager Phillips, Director Kom, Director Joiner, and Resource Recovery Plant Superintendent Bill Schmitt presented the staff report. 25 7 The Public Input was opened by Mayor Pro Tem Corrieri. Paula Eichinger, Garbage Guys, 52160 320th Street, Slater, shared the growth in customers that Garbage Guys has experienced in the last month and encouraged the City Council to allow residents to choose their garbage provider. The Public Input was closed by Mayor Pro Tem Corrieri when no one else came forward to speak. Mayor Pro Tem Corrieri highlighted that the report presented was for information and public comment only, noting that the item would return at a future meeting for direction from the City Council. HEARING ON FINAL AMENDMENT TO FISCAL YEAR 2023/24 BUDGET : Director of Finance Corey Goodenow and Budget Manager Nancy Masteller presented the Final Amendment. Mayor Pro Tem Corrieri opened and closed the Public Hearing when no one came forward to speak. Moved by Junck, seconded by Rollins, to adopt RESOLUTION NO. 24-308 approving amendment to current budget for Fiscal Year ending June 30, 2024. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2023/24 WATER SYSTEM IMPROVEMENTS PROGRAM (KELLOGG AVENUE - 7TH STREET TO 13TH STREET) AND (11TH STREET - BURNETT AVENUE TO KELLOGG AVENUE): The Public Hearing was opened and closed by Mayor Pro Tem Corrieri when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to accept the report of bids and adopt RESOLUTION NO. 24-309 approving final plans and specifications and awarding a contract to Jet Drain Services, LLC of Ames, Iowa, in the amount of $808,389.46. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON EASEMENTS FOR 302 SONDROL AVENUE: Mayor Pro Tem Corrieri opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-310 approving the Storm Sewer Easement executed with 302 Sondrol, LLC (d.b.a. Mechanical Comfort, Inc.). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-311 approving the vacation of the existing Electric Utility Easement along the lot line of 302 and 212 Sondrol 26 8 Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON SALE OF LAND LOCALLY KNOWN AS 412 S. WILMOTH, LOT 1, BAKER SUBDIVISION TO HABITAT FOR HUMANITY OF CENTRAL IOWA: The Public Hearing was opened and closed by Mayor Pro Tem Corrieri when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-312 approving the sale of Lot 1 within the Baker Subdivision to Habitat for Humanity of Central Iowa. Roll Call Vote: 4-0-1, Gartin abstaining due to conflict of interest. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON ZONING TEXT AMENDMENT TO ALLOW MIXED-USE RESIDENTIAL DEVELOPMENT WITHIN THE HUB ACTIVITY AREA OF THE RESEARCH PARK INNOVATION DISTRICT ZONING DISTRICT (IOWA STATE RESEARCH PARK): Planner Amelia Schoeneman presented the Zoning Text Amendment (ZTA). Mayor Pro Tem Corrieri opened the Public Hearing. Kyle Martin, Iowa State University Research Park (ISURP) Facility Development Manager, 1805 Collaboration Place, Ames, encouraged the City Council to support the ZTA, highlighting the goals of ISURP to create an environment where community members can live, work, and play. Mayor Pro Tem Corrieri closed the Public Hearing when no one else came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to pass on First reading an Ordinance on a Zoning Text Amendment to allow mixed-use residential development within the HUB activity area of the Research Park Innovation District Zoning District. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND READING OF ORDINANCE ON ZONING TEXT AMENDMENT FOR PURPOSE OF INCLUDING ROCK CLIMBING FACILITIES AS A MISCELLANEOUS USE WITHIN THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT BY SPECIAL USE PERMIT: Moved by Beatty-Hansen, seconded by Gartin, to pass on Second reading an Ordinance on a Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND READING OF AMENDMENT TO CHAPTER 18.7A OF THE MUNICIPAL CODE, SPECIAL PENALTY FOR GAME DAY PARKING, TO ADD EVENT PARKING: Moved by Beatty-Hansen, seconded by Rollins, to pass on Second reading an Amendment to Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to 27 9 add Event Parking. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4528 AMENDING CHAPTER 28 OF THE MUNICIPAL CODE ESTABLISHING GEOTHERMAL SERVICES AND RULES AND CHARGES THEREFORE: Moved by Rollins, seconded by Beatty-Hansen, to pass on Third reading and adopt ORDINANCE NO. 4528 amending Chapter 28 of the Municipal Code establishing Geothermal Services and rules and charges therefore. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4529 AMENDING CHAPTER 5 AND CHAPTER 22 OF AMES MUNICIPAL CODE REGARDING MISSING INFRASTRUCTURE REQUIREMENTS: Moved by Beatty-Hansen, seconded by Rollins, to pass on Third reading and adopt ORDINANCE NO. 4529 amending Chapter 5 and Chapter 22 of Ames Municipal Code regarding Missing Infrastructure Requirements. Roll Call Vote: 5-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Pro Tem Corrieri noted there were five items to consider. The first was Luke Jensen regarding development at 113 N. Dakota Avenue. Moved by Beatty-Hansen, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. A request for same side parking on Hayes Avenue from Rachel Claussen was the second item. Moved by Beatty-Hansen, seconded by Junck, to proceed with the request and ask staff notify Ms. Claussen of the process moving forward. Vote on Motion: 5-0. Motion declared carried unanimously. The third item was a memo from Building Official Sara Van Meeteren regarding violations on S. 4th Street and Mayor Pro Tem Corrieri noted it was for information only. Information regarding electric police vehicles from Mark Steffen was the fourth item. Moved by Beatty-Hansen, seconded by Rollins, to request staff respond to the individual. Vote on Motion: 5-0. Motion declared carried unanimously. The final item was a request for a Zoning Text Amendment from Matt Mitchell. Moved by Beatty-Hansen, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. 28 10 COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. Moved by Gartin to place the item regarding Geothermal Installation Costs within the Baker Subdivision on a future agenda for discussion. Motion failed due to lack of second. CLOSED SESSION: Mayor Pro Tem Corrieri 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 Beatty-Hansen, seconded by Junck, to go into closed session at 8:54 p.m. Roll Call Vote: 5-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 9:00 p.m. ADJOURNMENT: Moved by Rollins, seconded by Junck, to adjourn the meeting at 9:01 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk Amber Corrieri, Mayor Pro Tem __________________________________ Renee Hall, City Clerk 29 To:Mayor & City Council From:City of Ames Purchasing Division Date:June 7, 2024 Subject:Report of Contract Change Orders Item No. 4 MEMO The Report of Change Orders for period May 16-31, 2024, is attached for your review and consideration. ATTACHMENT(S): Change Order Report - May 16-31, 2024.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 30 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) Fleet & Facilities Ames City Hall Interior Updates 2 $108,082.00 Phillips Flooring, Inc.$1,439.00 $0.00 C.Mellies AM Parks & Recreation Weight Equipment for the City Hall Community Center 1 $66,017.01 Life Fitness $0.00 $-(800.00)C.Kort QE Parks & Recreation Fitch Family Indoor Aquatic Center - BP 31-1 Demolition & Earthwork 1 $532,975.00 Con-Struct, Inc $0.00 $7,747.00 K. Abraham KS $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:May 2024 For City Council Date:June 11, 2024 31 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:May 21, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 5 MEMO The following licenses are eligible for renewal: a. Iowa State @ Fisher Theater, (1930 Center Drive Fisher Theater), Class C Retail Alcohol License with Catering Privilege b. Iowa State @ Scheman Building, (1805 Center Street Scheman Building), Class C Retail Alcohol License with Catering Privilege c. Texas Roadhouse, (519 South Duff Avenue), Class C Retail Alcohol License with Catering Privilege d. Courtyard by Marriott Ames, (311 S. 17th Street), Class C Retail Alcohol License with Outdoor Service and Catering e. Jethro's BBQ, (1301 Buckeye Avenue), Class C Retail Alcohol License with Catering Privilege f. Northcrest Inc, (1801 20th Street), Special Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review g. Morning Bell Coffee Roasters, (111 Main Street), Class C Retail Alcohol License, Pending Dramshop Review h. Main 3326 LW, (3326 Lincoln Way), Special Class C Retail Alcohol License i. Bottom’s Up Bar & Lounge, (398 Main Street) Class C Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for Iowa State Fisher Theater and Iowa State Scheman Building. Iowa State University Police has advised they did not have any liquor law violations. The Ames 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 Texas Roadhouse, Courtyard by Marriott, Jethro’s BBQ, Northcrest Inc, Morning Bell Coffee Roasters, and Main 3326 LW. The Ames Police Department recommends the license renewal for these businesses. A review of the police records for the past 12 months found one compliance check failure for Bottoms Up Bar and Lounge. They have passed two follow-up compliance checks. The Ames Police Department will encourage this establishment to better identify patrons 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 32 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 this establishment by conducting regular foot patrols, bar checks, and evaluating their safeguards. The Ames Police Department recommends the license renewal for the 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 33 To:Members of City Council From:John A. Haila, Mayor Date:June 11, 2024 Subject:Appointment to the Ames Public Library Board of Trustees Item No. 6 MEMO Due to a resignation, a vacancy has opened up on the Ames Public Library Board of Trustees. After reviewing applications on file and consulting with staff, I am pleased to recommend the appointment of Ben Rearick to the Ames Public Library Board of Trustees to fill a term that expires on March 31, 2025. 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 34 ITEM #:7 DATE:06-11-24 DEPT:ADMIN SUBJECT:REQUEST TO MODIFY FY 2023/24 ASSET ALLOCATION TO YSS COUNCIL ACTION FORM BACKGROUND: YSS has submitted a request to the City to modify its FY 2023/24 ASSET allocation by transferring funds that remain to be drawn down in four programs to other programs that will be able to draw down the funds. The revised allocations appear in the tables below. YSS is requesting a transfer of $14,000 from Rosedale Shelter to Service Coordination. YSS has not been able to draw down the funds allocated to Rosedale due to a decrease in Ames youth coming to the shelter without funding. Allocated funds for Service Coordination were exhausted in January, and Service Coordination falls under the City Council's ASSET priority of meeting mental health and substance use disorder needs. Staff recommends the full amount requested to be transferred. Service Original Allocation Change Request and Staff Recommendation Revised Allocation Rosedale Shelter $32,442 - $14,000 $18,442 Service Coordination $8,000 + $14,000 $22,000 TOTAL $40,442 $0 $40,442 YSS is also requesting a transfer of $8,500 from Substance Abuse/Co-Occurring Treatment to Transitional Living Program (TLP). YSS has not been able to draw down the funds allocated to Substance Abuse/Co-Occurring due to a decrease in Ames clients without funding. Allocated funds for TLP have not been exhausted, as $3,247.95 remains in the balance. This balance would have been exhausted if not for an accounting error on YSS' part. Since September 2023, YSS has been providing TLP services without submitting for reimbursement because it believed that it had exhausted the allocated funds. Recent consultation with City Finance staff revealed the error, and YSS is now aware of the remaining $3,247.95. Demand for the TLP service remains high enough that the existing balance and the additional $8,500 requested are both expected to be exhausted this fiscal year. However, given the updated balance in the Substance Abuse/Co-Occuring Treatment fund as of 5/23/24, $7,330.93, Staff is recommending $7,000 be transferred to TLP. TLP meets the City Council's ASSET priority of basic needs through sheltering. Service Original Allocation Change Requested Staff Recommendation Revised Allocation + Staff Recommendation Substance Abuse/Co- Occurring Treatment $13,555 - $8,500 -$7,000 $6,555 Transitional Living Program (TLP)$6,158 + $8,500 +$7,000 $13,158 TOTAL $19,713 $0 $0 $19,713 Lastly, YSS is requesting a transfer of $17,000 from Youth Employment to Mentoring and a transfer of $22,000 from Youth Development to Mentoring. YSS has not been able to draw down 35 the funds allocated to Youth Employment or Youth Development as it has not been able to provide as much programming in Ames schools. Allocated funds for Mentoring were exhausted in January, and Mentoring meet the City Council's ASSET priority of youth development. Staff is recommending a transfer of $16,000 from Youth Employment to Mentoring and a transfer of $22,000 from Youth Development to Mentoring given the updated balances as of 5/23/24. Service Original Allocation Change requested Staff Recommendation Revised Allocation with Staff Recommendation Youth Employment $20,931 - $17,000 -$16,000 $4,931 Youth Development $34,671 - $22,000 -$22,000 $12,671 Mentoring $38,057 + $39,000 +$38,000 $76,057 TOTAL $93,659 $0 $0 $93,659 If the request to transfer funds to Service Coordination, TLP, and Mentoring is approved, the unit rates of all programs will remain unchanged. The number of units purchased will increase for Service Coordination, TLP, and Mentoring, and will decrease for Rosedale Shelter, Substance Abuse/Co-Occurring Treatment, Youth Employment, and Youth Development. YSS has made similar requests to transfer City funds in the past, and approval of the request will allow YSS to draw down either anticipated units or already-provided units which have not been paid because City funds were exhausted for Service Coordination, TLP, and Mentoring. ALTERNATIVES: 1. Approve the request to modify the City's FY 2023/24 ASSET contract with YSS by reallocating a total of $59,000 as follows: $14,000 from Rosedale Shelter to Service Coordination; $7,000 from Substance Abuse/Co-Occurring Treatment to Transitional Living Program (TLP); $16,000 from Youth Employment to Mentoring; and $22,000 from Youth Development to Mentoring. 2. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: The reallocation of City funds will provide support to services meeting the City Council's ASSET priorities with no additional cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): YSS ASSET Reallocation Request - City of Ames.docx 36 May 2, 2024 Pa Goldbeck Assistant City Manager City of Ames 515 Clark Avenue Ames,IA 50010 Pa, We have reviewed the City of Ames ASSET funded programs that have funds remaining to be drawn down in the FY 2023/24 contract. We would like to request a reallocation of our remaining funds in the following programs: 1.$14,000 from 2.08 Rosedale Shelter to 3.13 Service Coordination –YSS has had a decrease in Ames youth coming in to shelter without funding, so we have been unable to use the Rosedale City of Ames ASSET dollars. We are requesting funds be moved to 3.13 Service Coordination whose funds were expended earlier this year. 2.$8,500 from 3.16 Substance Abuse/Co-Occurring Treatment to 2.07 TLP –YSS has been unable to draw down all the City of Ames dollars from 3.16 Substance Abuse/Co-Occurring due to a decrease in Ames clients without funding. We have;however, used up all the 2.07 TLP dollars earlier this year and have been unable to bill additional units because of that. 3.$17,000 from 1.08 Youth Employment to 1.07 Mentoring –YSS has been unable to draw down all the City of Ames dollars from 1.08 Youth Employment due to not being able to provide as much programming in Ames schools; however, we have used up all the 1.07 Mentoring dollars earlier this year and have been unable to bill additional units because of that. 4.$22,000 from 1.07 Youth Development to 1.07 Mentoring -YSS has been unable to draw down all the City of Ames dollars from 1.07 Youth Development due to not being able to provide as much programming in Ames schools; however, we have used up all the 1.07 Mentoring dollars earlier this year and have been unable to bill additional units because of that. Please let me know if you have additional questions. Thank you, Katie Ranney YSS 37 YSS HEADQUARTERS 420 Kellogg Avenue, Ames, IA 50010 P:515-233-3141 F:515-233-2440 A COMMUNITY-BASED ORGANIZATION SERVING YOUTH AND FAMILIESSINCE 1976 38 ITEM #:8 DATE:06-11-24 DEPT:ADMIN SUBJECT:APPROVAL OF ASSET POLICIES AND PROCEDURES COUNCIL ACTION FORM BACKGROUND: Each year the ASSET Administrative Team and volunteers review the ASSET Policies and Procedures and provide recommended revisions (see attachment). This year, there were no major changes. The only notable change relates to the maximum number of consecutive years a volunteer may serve. On page 4, the proposed change reads, "If a Volunteer is appointed to fill the remainder of an unexpired term, the newly appointed Volunteer is eligible to serve a maximum of ten consecutive years...." Previously, seven years was the maximum. Since each volunteer term is three years and volunteers may not serve more than three consecutive terms, a maximum of ten years make more sense. Other changes proposed are minor clean-ups that can be found on page 4, 7, 8, 9, 10 and 15. At the May 9, 2024, ASSET Board meeting, the Board reviewed these proposed changes and approved the revised ASSET Policies and Procedures that is now before Council for consideration. ALTERNATIVES: 1. Approve the recommended revisions to the ASSET Policies and Procedures. 2. Do not approve the recommended revisions to the ASSET Policies and Procedures. CITY MANAGER'S RECOMMENDED ACTION: The annual review of the ASSET Policies and Procedures is a key step to ensure policies are kept up to date and address any changes needed in the process. Changes to the Policies and Procedures are adopted once a majority of the Funders approves the revisions. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): ASSET Policies - July 2024.pdf 39 ASSET POLICIES & PROCEDURES July 20243 www.storycountyasset.org Sponsoring Organizations: City of Ames Story County United Way of Story County ISU Student Government 40 TABLE OF CONTENTS I.Purpose 3 II.Sponsoring Organizations 3 III.Team Structure 3 IV.Termination 4 V.Tenure of Members 4 VI.Officers 4 VII.ASSET Operations 5 VIII.Administrative Team Operations 6 IX.Committees 6 X.Duties and Responsibilities of ASSET 6 XI.Agency Participation 7 XII.Funding Process 8 XIII.Planning Process 9 XIV.Changes in Service 9 XV.Funding Appeal Process 11 XVI.Amendments to Policies/procedures 11 Appendix A –ASSET Agency Participation Criteria 12 Appendix B – Conflict of Interest 12 2 41 POLICIES AND PROCEDURES FOR ASSET By agreement among sponsoring organizations (Funders), a team shall be authorized by all sponsors but separate from any sponsor. The name of this process is “Analysis of Social Services Evaluation Team” or “ASSET.” I.PURPOSE A.To promote coordination of human services planning and funding among the sponsoring organizations. B.To assess the human services needs in Story County and evaluate the capabilities of agencies to provide the programs that meet those needs. C.To provide funding recommendations to the governing bodies of the sponsoring organizations. II.SPONSORING ORGANIZATIONS A.Ames City Council (City) B.Story County Board of Supervisors (County) C.United Way of Story County (UWSC) D.ISU Student Government III.TEAM STRUCTURE A.The City, County, and UWSC shall each appoint six (6) volunteers and ISU Student Government will appoint four (4) volunteers, as voting members of the board (Volunteers). B.The City, County, UWSC, and ISU Student Government shall each appoint one staff person. The staff appointees shall be non-voting board members for the purpose of ASSET business (Staff). C.The Administrative Assistant shall be a contract position paid jointly by the Funders through a 28E Agreement and shall be a non-voting participant. D.The Community Impact Director is an employee of United Way of Story County and manages Clear Impact Scorecard, the outcome measurement database used by agencies in the ASSET process to track and report service outcomes. The role shall be a non-voting participant on the Administrative Team and ASSET Board. 3 42 IV.TERMINATION A Sponsoring Organization may withdraw its participation in the Intergovernmental/ Agency Agreement to Fund Administrative Services for the ASSET Process on written notice to the other Sponsoring Organizations. Written notice shall be given no later than July 1 of any given year and termination will be effective June 30 of the following year. A shorter notice period may be granted upon agreement of the other Sponsoring Organizations though the date of termination shall remain June 30 of the given fiscal year. Each Sponsoring Organization shall remain liable for its pro rata share of expenses until withdrawal takes effect. Upon withdrawal of a Sponsoring Organization, the remaining Sponsoring Organizations shall be responsible for equally contributing to the contract to fund the yearly expense for administrative services. A new or amended intergovernmental/agency funding agreement shall be filed with the Iowa Secretary of State as soon as is practical upon the withdrawal of any Sponsoring Organization. V.TENURE OF MEMBERS A.The term of Volunteers shall be three (3) years. ASSET recognizes that ISU Student Government appointees may not be able to serve three-year terms. B.The terms of Staff shall be continuous until terminated by the appointing Funder. C.An unexpired term of a Volunteer shall be filled by the Funder that appointed that Volunteer. D.No Volunteer may serve more than three (3) consecutive full terms, except the Past Chair, Chair or Vice Chair may serve longer to fulfill the duties of their offices. E.If a Volunteer is appointed to fill the remainder of an unexpired term, the newly appointed Volunteer is eligible to serve a maximum of seventen consecutive years unless conditions delineated in paragraph D above apply. F.If a Volunteer accumulates three consecutive unexcused absences in any one ASSET year (April through March), or otherwise fails to fulfill their responsibilities, the Funder may appoint a replacement Volunteer. An unexcused absence is defined as when a Volunteer does not notify their Ffunder representative and/or the Administrative Assistant about being absent. Notifying the Administrative Assistant is the preferred method. G.All Volunteers and Staff are required to sign Conflict-of-Interest and Confidentiality forms annually. (Appendix B). VI.OFFICERS A.Officers shall be Chair, Vice Chair, Past Chair, and Treasurer, each of whom shall be elected for a one-year term by a quorum of the Volunteers. B.Staff members are ineligible to hold an office. 4 43 C.A Chair may not hold that office for more than two consecutive one-year terms. D.A vacancy in any office shall be filled by a majority vote of a quorum of the Volunteers for the unexpired portion of the term, except for the position of past chair, which would remain vacant should that Volunteer leave the ASSET process. E.The ASSET Chair is authorized to sign contracts, agreements, correspondence, and similar documents on behalf of ASSET with respect to operations of the ASSET board and/or response to letters from various sources. The Vice Chair may sign if the Chair is unavailable. VII.ASSET OPERATIONS A.Regular meetings of ASSET shall be held in accordance with Iowa’s Open Meetings law. If circumstances warrant it, a meeting of ASSET may be canceled by the Administrative Team. An announcement of meeting cancellation will be posted, and notice sent to members and participating agencies as soon as possible under the circumstances. B.Unless otherwise specified, meetings shall be conducted according to Robert’s Rules of Order. However, technical or non-substantive departures from these rules shall not invalidate any action taken at a meeting. C.Agendas will be posted at Ames City Hall and the ASSET website (http://www.storycountyasset.org) at least three days prior to the meeting, and notification sent electronically to each ASSET member and participating Agency. D.A quorum shall consist of one-half plus one of the currently appointed Vvolunteers. A majority vote of the quorum present shall constitute a decision of ASSET. In the event a quorum is not present, ASSET business may be conducted by a simple majority vote of those present, if at least one voting member from each Funder is represented. Exceptions to this include decisions for funding recommendations or changes to the Policies and Procedures, or anything that requires Funder approval. E.The Chair may vote on all business that comes before ASSET and shall be included as part of the quorum. F.Special meetings may be called by the Chair or by petition of one-fourth of the Volunteers with not less than five days’ written notice to the Volunteers and Staff by email or regular mail. G. Minutes of ASSET meetings shall be recorded and distributed to Staff, Volunteers, and Agencies, by posting on the ASSET website (http://www.storycountyasset.org). Minutes shall be made public in accordance with the Iowa Open Records law. H.ASSET records will be retained for five years. This includes budget books, Administrative Team meeting agendas and minutes, ASSET Board meeting agendas and minutes, agency audits and form 990s, agency applications, agency requests for new/expanded services, and other agency correspondence. 5 44 VIII.ADMINISTRATIVE TEAM OPERATIONS A.Staff members, the Chair, the immediate past Chair, the Vice Chair, and the Treasurer, shall serve as an Administrative Team. B.The Administrative Team will meet prior to regular ASSET meetings. If there are no significant pending actions, an Administrative Team meeting may be canceled by the Chair or Vice Chair. C.All members of the Administrative Team shall be voting members on Administrative Team business, including staff members, except the ASSET Administrative Assistant and the UWSC Community Impact Director. D.A quorum shall consist of more than half of the existing Administrative Team members. A quorum shall include at least one Volunteer. A majority vote of the quorum present shall constitute a decision of the Administrative Team. E.Minutes of the Administrative Team and ASSET shall be recorded and distributed to all Staff, Volunteers, and Agencies, by posting on the ASSET website (http://www.storycountyasset.org). Minutes shall be made public in accordance with the Iowa Open Records law. IX.COMMITTEES A.Staff and committees shall have substantial responsibility for the operation of ASSET and for assisting the Volunteers. Committees may be established as follows: 1. The Administrative Team may form committees to identify issues, perform studies, and bring recommendations to ASSET. 2.ASSET may request committees to identify issues, perform studies, and bring recommendations to ASSET. Committee members may be appointed by the ASSET Chair. 3. A Funder may request formation of a committee and make recommendations to ASSET with respect to membership on such committee. The ASSET Chair may appoint the committee members. X.DUTIES AND RESPONSIBILITIES OF ASSET A.To make annual allocation recommendations to the Funders for services provided by participating agencies. The recommendations shall be consistent with instructions and priorities received from the Funders; B.To set a timetable each year for the funding recommendation process; C.To organize hearings for agency presentations regarding their proposed budgets and program plans; D. To review services and code definitions as assigned to agencies for use in the 6 45 budget and billing process; E.To develop and maintain an index of services offered in Story County (This index will be located in the ASSET Reference Manual for Volunteers and Agencies.); F.To meet with the Funders at least twice yearly (usually in January and September). At these meetings, each Funder has one vote. A majority of Funders present constitutes quorum; G.To perform any specific task that the Funders might request of ASSET. XI.AGENCY PARTICIPATION All Agency Requirements A.ASSET will annually review agencies and services, through the agency visit and budget process. B.Agencies shall annually provide comparative financial reports in accordance with Generally Accepted Accounting Practices (GAAP). Reports shall be submitted within six months after the close of the Agency’s fiscal year. Reports will meet the following guidelines: C.Agencies with an annual budget below $250,000 must, at least, submit an electronic copy of IRS Form 990 and a balance sheet prepared externally and independently to the ASSET Administrative Assistant. D.Agencies with an annual budget of $250,000 or more must submit an electronic copy of their full comparative audit and an electronic copy of their IRS Form 990 to the ASSET Administrative Assistant. E.Any agency may request to be placed on the ASSET or Administrative Team’s agenda by contacting the Administrative Assistant via email at storycountyasset@gmail.com New Agency Application Process A.Agencies seeking funding eligibility must be serving clients within the geographic area of Story County and shall submit a letter of intent to the ASSET Administrative Team by the due date stated in the ASSET calendar. Agencies must meet the criteria outlined in the Application for ASSET Agency Participation (Appendix A). The application form can be found under the “Forms and Resources” tab on the ASSET website located at www.storycountyasset.org. B.Agencies shall complete required forms, and present verification of the stated criteria. All application documents shall be submitted to the ASSET Administrative Assistant to distribute to the ASSET Administrative Team. C.The ASSET Administrative Team shall ensure that the forms are complete and make recommendations to the Volunteers. The Volunteers will then approve or disapprove the recommendation. 7 46 D.A written notification shall be sent to the Agency, stating its acceptance or the reason it was not accepted. E.Approval of an applicant Agency does not guarantee a subsequent funding allocation. Non-Participating Agencies Approved ASSET agencies not actively participating in the ASSET process (submitting budget request, reporting outcome data through Clear Impact Scorecard, participating in Liaison visits and agency hearings) for two consecutive budget years will be notified by July 1st in writing by the ASSET Chair or Vice Chair that they will be removed from the process effective the next available budget cycle. Agencies designated as non-participating based on the criteria above can re-apply to be an ASSET agency by following the New ASSET Agency Application Process as described above. XII.FUNDING PROCESS A.Each Agency program requesting funding shall be assigned to one or more of the three focus areas (Education, Financial Stability, or Health). An agency may have programs assigned to more than one focus area. B.Each Volunteer shall be assigned to one focus area and assigned to one – to two agencies as a Liaison. Volunteers shall familiarize themselves with services within their assigned focus area. C.The Administrative Team shall prepare the appropriate budget and reporting forms for the agencies to complete and make the forms available via the ASSET website. D.Agencies must submit completed budget and reporting forms to ASSET for all approved services to ASSET by the date stated in the yearly ASSET calendar. Budgets must be completed as instructed. Failure to submit a completed budget by the deadline may result in not being considered for funding (e.g., budget requests submitted after the deadline in calendar year 2023 may not be considered for FY25 funding. E.Corrections to the Agency budget must be submitted by the deadline, unless otherwise granted an extension by the ASSET Administrative Team. F.Agencies must timely post Board of Directors meeting minutes to the virtual platform used by ASSET. G.The Administrative Team shall conduct an Agency training session on the date stated in the yearly ASSET calendar. Agency attendance at this meeting is required. .H Volunteers shall conduct Liaison visits to individual agencies as scheduled on the ASSET calendar. As part of the review process ASSET Volunteers will be asked 8 47 to attend an Agency or board meeting as outlined in the ASSET Reference Manual. I Hearings for agencies shall be conducted each year as scheduled on the ASSET calendar. J.Recommendations for allocations shall be made by ASSET to the Funders after the hearings and work sessions are completed and approved by the ASSET Board. K.Funding recommendations will be posted on the ASSET website by the date stated on the ASSET calendar and agencies will be notified via email by the Administrative Assistant that recommendations are available via email. L.If any Agency does not provide the required information, or provides information that is inadequate, incorrect, or not timely, ASSET shall make a report to the Funders that procedures were not followed and may recommend that funding be reduced, sequestered, or not allocated. M.ASSET agencies will collaborate and partner to provide services. The ASSET Administrative Team shall make a report to Funders if an agency does not make adequate efforts to coordinate services or respond to requests for information. XIII.PLANNING PROCESS ASSET shall provide a community forum to work constructively and cooperatively in addressing human services concerns. This may be achieved by, but is not limited to: A.Participating in studies and developing strategies that enhance the delivery of human services within the county; B.Collecting and evaluating facts that provide valid data for decisions on program needs and effectiveness of current delivery; C.Evaluate the need for new or modified services and/or duplication of services; D.Promote and encourage collaboration among agencies for efficiencies; E.Review agency updates and reports on services as documented through Clear Impact Scorecard and other reporting documents. XIV.CHANGES IN SERVICES New or Expanded Services A.Any ASSET Agency, providing services to Story County clients, that wishes to add new or expanded services, will report this information to the ASSET Administrative Team by completing and submitting the “Notification of New or Expanded Service” form by the date stated in the ASSET calendar. The Notification of New or Expanded Service form can be found under the “Forms 9 48 and Resources” tab on the ASSET website located at www.storycountyasset.org. B.The need for new or expanded services shall be identified and aligned with the Funder’s priorities and the priority areas from the most recent Story County Community Needs Assessment. Service changes should include increases in services beyond the normal expected growth, new or different services that impact staffing, or services that result in new clientele. C.The Administrative Team will review the information and determine if the service(s) meets criteria to be included in the ASSET funding process. The Administrative Team will inform the ASSET Board of the new/expanded service(s). This review and informing ASSET are not a commitment to funding. If ASSET requests additional information, a committee of Volunteers may be appointed to gather more information and report its finding to ASSET for further review. Modifying Services [A.] If an Agency modifies a service during the funding year, written notification must be given to Funders under contract 30 days prior to implementing changes. Each Funder will determine if funding should discontinue, or the modifications are acceptable and continue to fund, or if funding will discontinue. Reducing or Discontinuing Services A.If an Agency is reducing or discontinuing a service, written notification should be submitted to the ASSET Administrative Team via the Administrative Assistant at storycountyasset@gmail.com within 30 days of the Agency Board of Directors’ vote to reduce or discontinue a service. Returning Services A.An Agency requesting funding through ASSET for a service that had been previously funded by one or more Funders, and the last time the service was funded through ASSET was one or more funding cycles ago will need to complete a Notification of Returning Service form and submit it by the date stated on the ASSET calendar. The Notification of Returning Service form can be found under the “Forms and Resources” tab on the ASSET website www.storycountyasset.org [B.] The need for the Returning Service shall be identified as well as an explanation of why funding through ASSET was discontinued or no longer pursued. The need should align with the Funder’s’ priorities and the priority areas from the most recent Story County Community Needs Assessment. B.[C.] The Administrative Team will review the information and determine if the service(s) meets criteria to be included in the next available ASSET funding cycle. The Administrative Team will inform the ASSET Board of the Returning Service request. This review and informing ASSET is not a commitment to funding. If ASSET requests additional information, a committee of Volunteers may be appointed to gather more information and report its findings to ASSET for 10 49 further review. XV.FUNDING APPEAL PROCESS A.An Agency wishing to make an appeal may do so by following the individual Funders’ appeal process. Contact the individual ASSET Funder staff representative for further information and forms. XVI.AMENDMENTS TO POLICIES AND PROCEDURES A.These Policies and Procedures shall be reviewed annually prior to the May ASSET Board meeting. B.Amendments to the Policies and Procedures may be proposed by a Volunteer, a Staff member, or a Funder. C.A proposed amendment shall require a majority vote of quorum of the ASSET Board to recommend such amendment to the Funders. 11 50 12 51 APPENDIX A ASSET (Analysis of Social Service Evaluation Team) CRITERIA FOR FUNDING ELIGIBILITY Financial support through ASSET can be applied for by human service agencies that are serving clients within the geographic area of Story County and who meet the basic eligibility criteria. Approval of an applicant agency does not guarantee a subsequent dollar allocation. The allocation recommendation will be made on a service-by-service basis during the annual allocation process. To be considered for financial support, agencies must comply with the following requirements and provide supporting documents to demonstrate compliance: A.The agency must be a non-profit corporation or chartered as a local unit of a non-profit corporation that has an IRS section 501(c)(3) status or local, state, or federal government agency (i.e., formed by a 28E Agreement) that has a presence within and serves the people of the State of Iowa. B.The agency must have articles of incorporation, bylaws, or other documents, which clearly define its purposes and function. C.The agency must have an Equal Opportunity Policy that has been approved by its Board of Directors. D.The agency must have been incorporated and actively providing services for at least one year at the time of the application. E.The agency must maintain in its budget and services a demarcation between any religious and other programs so that ASSET does not financially support religious purposes. F.The agency must demonstrate need and community support for the proposed service through letters of support, need assessments, or other documentation. G.The agency shall be governed by a Board of Directors or Advisory Board who serve without compensation and who approve and oversee the implementation of the budget and policies of the agency. H.Agencies that offer the following services shall not be eligible for funding from ASSET Funders: 1.Agencies that are primarily political in nature. 2.Agencies that provide services limited to the members of a particular religious group. 3.Agencies that exist solely for the presentation of cultural, artistic, or recreational programs. 4.Basic educational program services to be considered the mandated responsibility of the public education system. The ASSET Reference manual includes the list of services currently considered for funding. Each service includes a Service Code Number, Service Code Name, Service Definition, Unit of Service and Category (Education, Financial Stability, and Health). Agencies applying to be included in the process must identify what services they would be requesting funds to support. To apply as an ASSET Agency Participant, complete the Application for ASSET Agency Participation and send the request, including the documentation outlined in the application to: storycountyasset@gmail.com. The application form can be found under the “Forms and Resources” tab on the ASSET website www.storycountyasset.org Please direct any questions to the ASSET Administrative Assistant. 13 52 APPENDIX B – FORMS Organization: Story County Analysis of Social Services Evaluation Team (ASSET) Policy: Conflict of Interest Policy Date Adopted: 4/10/03 Date Revised: Story County ASSET and its voting members/staff persons, hereinafter referred to as “board” and “board members(s)”, agree to the following conflict of interest policy hereinafter referred to as “policy”, as adopted and revised as indicated above: 1.The policy will be adopted yearly at the first regularly scheduled board meeting following the start of the fiscal year. Each board member is to review and sign the policy at the first board meeting prior to voting on any matters before the board (if applicable). 2.A new voting board member/staff person will be required to review and sign the policy prior to voting as a board member (if applicable) at the beginning of their term and/or the first meeting of the fiscal year. 3.It is the duty of a voting board member/staff person to disclose a conflict of interest to the full board when a conflict arises. Disclosure may be made at any time to the ASSET Administrative Team; hereinafter referred to as “the Team”, who shall then notify the full Board. A record of the conflict of interest shall be made at the first regularly scheduled board meeting following disclosure. 4.A conflict of interest is defined in chapter 68B, Iowa Code. The Iowa Code defines conflict of interest as that which evidences an advantage or pecuniary benefit for the member and/or their immediate family not available to others similarly situated. A violation for a conflict of interest is punishable by both civil and criminal penalties in the State of Iowa. 5.A “potential” conflict of interest is defined herein. A potential conflict of interest is when a voting board member/staff person has reason to believe there may be a conflict of interest. This potential conflict shall be disclosed in the same manner as a conflict. If, in the opinion of the Team, the circumstances meet the definition of a conflict of interest the matter shall then be disclosed to the full board and a record shall be made at the next regular meeting. 6.A voting board member/staff person with a conflict of interest shall not vote or use their personal influence with any board member on the matter in conflict. I agree by my signature below that I have read the above Story County ASSET Conflict of Interest Policy and understand it and will abide by the terms and conditions as stated herein. Date: __________________Print Name: ________________________________ Signature: 14 53 Organization: Story County Analysis of Social Services Evaluation Team (ASSET) Policy: Conflict of Interest Policy Date Adopted: 4/10/03 Date Revised: Story County ASSET Confidentiality Agreement Individuals who serve with Story County ASSET in the following areas are required to sign the Confidentiality Agreement annually. Story County ASSET and its voting members/staff persons, hereinafter referred to as “board” and “board member(s)”, agree to the following outlined below: Individuals to sign include Board Member; Funder Staff; UWSC Community Impact Director; and ASSET Administrative Assistant.: [1.] Board Member [2.] Funder Staff [3.] UWSC Community Impact Director [4.] ASSET Administrative Assistant Any individuals who have signed the Confidentiality Agreement and do not follow the terms of the Agreement may be removed from their position by the ASSET Administrative Team. Agreement I understand that through my involvement with Story County ASSET, I may receive or have access to confidential information. I agree that I will maintain in strict confidence any confidential information about which I become aware, whether written, oral, or visual. I also agree that I will not disclose, use, duplicate or otherwise divulge any confidential information directly or indirectly to any other person or entity except when appropriate in my work with Story County ASSET. I understand that any information shared during my involvement with Story County ASSET shall not be disclosed at any time beyond my involvement. I agree that I will not knowingly alter, destroy, or mutilate documents (online or hard copy) with the intent to impede, obstruct or influence the accuracy and completeness of retained records. Confidential Information includes, but is not limited to: 1.Information relevant to Funders that is not open to the public; 2.Individual ASSET funded agency data (ClearImpact Scorecard). 3.Non-public information concerning Story County ASSET’s affairs. 4.Information relating to ASSET Agency program participants, including names, contact information, and any personal information. Non-Confidential Information This agreement shall not apply to any information that: 1. Is determined to be public records under Chapter 22 of the Iowa Code, the Iowa Open Records Law; 2. Is received by the board member from a third party not privy to this Agreement as a matter of right and the third party is under no obligation to keep the information confidential; 3. Was independently developed by the signee without reference to or use of the Confidential information; 4. Is disclosed by Story County ASSET in any publicly available regulatory filing; or 5. Is otherwise approved for release by written authorization of the Story County ASSET 15 54 Administrative Team. Date: Name: Signature: 16 55 ITEM #:9 DATE:06-11-24 DEPT:ADMIN SUBJECT:APPROVAL OF FY 2024/25 ASSET CONTRACTS AND UNALLOCATED FUNDS COUNCIL ACTION FORM BACKGROUND: During its budget wrap-up process in February, the City Council approved a total of $1,924,578 in ASSET allocations for FY 2024/25 (Attachment A). Contracts were mailed to 25 agencies and all contracts have been returned. The approved amounts are listed below and now presented for the City Council’s approval. Agency FY23/24 Approved FY 24/25 Recommended FY 23/24 to FY 24/25 Change % FY23/24 to FY24/25 Change $ ACCESS $124,121 $135,824 9%11,703 ACPC 155,499 166,482 7%10,983 All Aboard for Kids 11,239 11,891 5.80%652 American Red Cross 0 9,933 100%9,933 Arc of Story County 11,200 11,400 1.79%200 Boys & Girls Club 123,218 126,093 2.30%2,875 The Bridge Home 117,851 0 -100%-117,851 Camp Fire 5,500 6,000 9%500 Center for Creative Justice 67,450 70,823 5%3,373 ChildServe 24,200 24,200 0 0 Community Academy 5,000 10,000 100%5,000 Good Neighbor 35,500 47,800 34.60%12,300 Heartland of Story County 207,425 222,368 7.20%14,943 HIRTA 47,921 49,359 3%1,438 Legal Aid 138,704 149,800 8%11,096 LSI 5,389 2,000 -168%-3,389 MGMC Home Health Services 34,178 34,178 0 0 MICA 28,000 33,000 17.80%5,000 NAMI 22,050 27,550 25%5,500 56 Primary Health Care 80,000 88,382 8,382 Raising Readers 30,775 36,838 19.70%6,063 RSVP 35,500 37,150 4.60%1,650 The Salvation Army 67,000 80,200 19.70%13,200 University Comm Childcare 94,772 104,250 10%9,478 YWCA 4,366 4,366 0 0 YSS 289,814 291,112 0.01%1,298 Total $1,766,672 $1,780,999 0.01%$14,327 In addition to the $1,780,999 of recommended allocations, there is an additional $143,579 of City funding that is unallocated for FY2024/25. The ASSET Board is recommending that of the total unallocated funds, $117,322 be reserved for emergency shelter needs that may arise during FY2024/25; $6,000 of the unallocated funds be reserved for Housing Service Coordination needs that may arise during FY2024/25; and $20,257 remain unallocated and not be reserved for any specific service(s) so that these monies can be used for any ASSET funded need(s) that may arise in FY2024/25. ALTERNATIVES: 1. A. Approve the ASSET agency contracts for FY2024/25 totaling $1,780,999. B. Approve the City's total unallocated ASSET funds ($143,579) for FY2024/25 where: a) $117,322 is reserved for needs that may arise for emergency shelter services; b) $6,000 is reserved for needs that may arise for housing service coordination services; and, c) $20,257 remain undesignated for any ASSET-related service need(s) that may arise in FY2024/25. 2. Approve the ASSET agency contracts for FY2024/25 and allow the total unallocated amount ($143,579) to revert back to the Local Option Sales Tax Fund. 3. Do not approve the ASSET agency contracts. CITY MANAGER'S RECOMMENDED ACTION: The City Council has allocated funds for human services through the ASSET process and the approval of the City’s FY 2024/25 budget, which includes the unallocated funds. The ASSET funded agencies have signed and returned their contracts for services. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ATTACHMENT(S): FY24-25 Final Recommendations.pdf 57 1 A B C D E F G H I J K L M 24/25 FINAL FUNDING RECOMMENDATIONS Agency Service Index CO Rec 23/24 Req 24/25 County UW ISU City Total %Change %Funded ACCESS Public Ed/ Awareness 1.12 gb 20,921$ 23,012$ 2,110$ 3,639$ 11,809$ 5,225$ 22,783$ 8.90%99.00% ACCESS Emergency Shelter - Battering Shelter 2.08 gb 141,614$ 155,776$ 42,283$ 36,362$ -$ 73,495$ 152,140$ 7.43%97.67% ACCESS Domestic Abuse Crisis/ Support 3.07 gb 100,956$ 111,051$ 32,330$ 26,859$ 10,336$ 39,450$ 108,975$ 7.94%98.13% ACCESS Sexual Abuse Crisis/ Support 3.08 gb 39,073$ 42,980$ 8,215$ 8,000$ 14,649$ 10,527$ 41,391$ 5.93%96.30% ACCESS Court Watch 3.10 gb 19,717$ 21,688$ 3,093$ 4,691$ 5,123$ 7,127$ 20,034$ 1.61%92.37% Total 322,281$ 354,507$ 88,031$ 79,551$ 41,917$ 135,824$ 345,323$ 7.15%97.41% ACPC Daycare - Infant 2.02 45,953$ 60,557$ 10,000$ 6,932$ 15,432$ 27,500$ 59,864$ 30.27%98.86% ACPC Daycare - Children 2.03 gb 155,394$ 170,815$ 27,000$ 41,865$ 4,650$ 93,312$ 166,827$ 7.36%97.67% ACPC Daycare - School Age 2.04 gb 57,681$ 63,449$ 4,876$ 5,947$ 1,794$ 45,670$ 58,287$ 1.05%91.86% Total 259,028$ 294,821$ 41,876$ 54,744$ 21,876$ 166,482$ 284,978$ 10.02%96.66% All Aboard for Kids Out of School Program 1.09 gb 15,966$ 16,764$ -$ 8,088$ -$ 8,676$ 16,764$ 5.00%100.00% All Aboard for Kids Supported Employment for Developmentally Disabled 1.01 gb 6,566$ 7,002$ -$ 3,787$ -$ 3,215$ 7,002$ 6.64%100.00% Total 22,532$ 23,766$ -$ 11,875$ -$ 11,891$ 23,766$ 5.48%100.00% American Red CrossDisaster Services 2.12 gb -$ 24,933$ -$ -$ -$ 9,933$ 9,933$ #DIV/0!39.84% Total -$ 24,933$ -$ -$ -$ 9,933$ 9,933$ #DIV/0!39.84% Boy Scouts Youth Dev/ Social Adj 1.07 12,000$ -$ -$ -$ -$ -$ -$ -100.00%#DIV/0! Total 12,000$ -$ -$ -$ -$ -$ -$ -100.00%#DIV/0! Boys/Girls Club Youth Dev/ Social Adj 1.07 gb 229,987$ 236,887$ 22,272$ 84,101$ 2,117$ 126,093$ 234,583$ 2.00%99.03% Boys/Girls Club Youth Dev/ Social Adj - Nevada 1.07 gb 10,129$ 10,433$ 7,028$ 3,405$ -$ -$ 10,433$ 3.00%100.00% Total 240,116$ 247,319$ 29,300$ 87,506$ 2,117$ 126,093$ 245,016$ 2.04%99.07% Campfire USA Youth Dev/ Social Adj - Extended Learning 1.07 31,750$ 36,500$ 5,300$ 22,755$ -$ 6,000$ 34,055$ 7.26%93.30% Total 31,750$ 36,500$ 5,300$ 22,755$ -$ 6,000$ 34,055$ 7.26%93.30% CCJ Correctional Services - Probation Services 2.09 gb 120,171$ 126,180$ 39,585$ 11,630$ 3,774$ 70,823$ 125,812$ 4.69%99.71% Total 120,171$ 126,180$ 39,585$ 11,630$ 3,774$ 70,823$ 125,812$ 4.69%99.71% ChildServe Daycare - infant 2.02 gb 17,350$ 17,350$ 5,500$ 5,250$ -$ 6,600$ 17,350$ 0.00%100.00% ChildServe Daycare - Children 2.03 gb 29,400$ 29,400$ 5,500$ 6,300$ -$ 17,600$ 29,400$ 0.00%100.00% Total 46,750$ 46,750$ 11,000$ 11,550$ -$ 24,200$ 46,750$ 0.00%100.00% Bridge Home Emergency Assist. for Basic Needs - Rapid Re-Housing 2.01 gb 20,996$ 25,500$ -$ -$ -$ -$ -$ -100.00%0.00% Bridge Home Emergency Shelter 2.08 gb 155,718$ 270,000$ -$ -$ -$ -$ -$ -100.00%0.00% Bridge Home Service Coordination - Rapid Re-Housing Program 3.13 gb 11,502$ 36,175$ -$ -$ -$ -$ -$ -100.00%0.00% Bridge Home Supportive Housing 2.15 gb -$ 95,000$ -$ -$ -$ -$ -$ #DIV/0!0.00% Total 188,216$ 426,675$ -$ -$ -$ -$ -$ -100.00%0.00% Girl Scouts Youth Dev/ Social Adj 1.07 11,509$ 11,854$ -$ 11,509$ -$ -$ 11,509$ 0.00%97.09% Total 11,509$ 11,854$ -$ 11,509$ -$ -$ 11,509$ 0.00%97.09% Good Neighbor Emerg. Assistance for Basic Needs - Rent/Utility Assistance 2.01 49,597$ 67,700$ -$ 19,954$ 5,485$ 38,700$ 64,139$ 29.32%94.74% Good Neighbor Emerg. Assistance for Basic Needs - Healthy Food Vouchers 2.01 13,000$ 27,300$ 9,100$ 9,100$ -$ 9,100$ 27,300$ 110.00%100.00% Total 62,597$ 95,000$ 9,100$ 29,054$ 5,485$ 47,800$ 91,439$ 46.08%96.25% HIRTA Transportation - City 2.13 66,267$ 89,500$ 13,000$ 6,500$ -$ 49,359$ 68,859$ 3.91%76.94% 58 1 A B C D E F G H I J K L M 24/25 FINAL FUNDING RECOMMENDATIONS Agency Service Index CO Rec 23/24 Req 24/25 County UW ISU City Total %Change %Funded 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 HIRTA Transportation - Story County 2.13 gb 117,792$ 98,250$ 115,000$ 2,250$ -$ -$ 117,250$ -0.46%119.34% HIRTA Transportation - Story County 2.13 lo -$ -$ -$ -$ -$ -$ -$ #DIV/0!#DIV/0! Total 184,059$ 187,750$ 128,000$ 8,750$ -$ 49,359$ 186,109$ 1.11%99.13% HSS Emerg. Assistance for Basic Needs - Senior Food Program 2.01 gb 12,275$ 12,275$ 1,819$ 5,788$ -$ 4,668$ 12,275$ 0.00%100.00% HSS Activity/ Resource Center 3.14 -$ -$ -$ -$ -$ -$ -$ #DIV/0!#DIV/0! HSS Daycare - Adults/ Adult Day Center 3.02 gb 98,511$ 101,480$ 20,970$ 12,683$ -$ 67,600$ 101,253$ 2.78%99.78% HSS Daycare - Adults - Adult Day Center 3.02 lo 270$ 300$ 300$ -$ -$ -$ 300$ 11.11%100.00% HSS congregate meals 3.06 gb -$ -$ -$ -$ -$ -$ -$ #DIV/0!#DIV/0! HSS Home Delivered Meals 3.05 gb 159,025$ 189,025$ 42,100$ 40,925$ -$ 100,000$ 183,025$ 15.09%96.83% HSS Home Delivered Meals 3.05 lo 669$ 700$ 700$ -$ -$ -$ 700$ 4.63%100.00% HSS Home Delivered Meals - Under 60 3.05 gb 5,258$ -$ -$ -$ -$ -$ -$ -100.00%#DIV/0! HSS Service Coordination- Outreach 3.13 gb 126,586$ 130,500$ 52,600$ 27,600$ -$ 50,100$ 130,300$ 2.93%99.85% HSS Service Coordination- Outreach 3.13 lo 785$ 810$ 810$ -$ -$ -$ 810$ 3.18%100.00% Total 403,379$ 435,090$ 119,299$ 86,996$ -$ 222,368$ 428,663$ 6.27%98.52% LegAid Legal Aid - Civil 2.10 gb 319,380$ 350,625$ 172,172$ 23,396$ 4,555$ 149,800$ 349,923$ 9.56%99.80% LegAid Legal Aid - Civil 2.10 lo 10,591$ 11,544$ 11,544$ -$ -$ -$ 11,544$ 9.00%100.00% Total 329,971$ 362,169$ 183,716$ 23,396$ 4,555$ 149,800$ 361,467$ 9.55%99.81% LSI Family Dev/ Ed 1.10 18,005$ 18,545$ -$ 18,436$ -$ -$ 18,436$ 2.39%99.41% LSI Family Dev/ Ed - Parents as Teachers 1.10 11,190$ 11,636$ -$ 11,472$ -$ -$ 11,472$ 2.52%98.59% LSI Crisis Intervention - Crisis Childcare 3.09 gb 19,161$ 19,171$ 2,192$ 10,600$ 674$ 2,000$ 15,466$ -19.28%80.67% Total 48,356$ 49,352$ 2,192$ 40,508$ 674$ 2,000$ 45,374$ -6.17%91.94% MGMC - ARCH Crisis Intervention 3.09 -$ 186,696$ Total -$ 186,696$ MGMC Community Clinics - Comm Clinics/ Health Ed 3.01 ph 140,378$ 118,378$ 90,000$ 10,500$ -$ 17,878$ 118,378$ -15.67%100.00% MGMC In-Home Nursing - RN Skilled Nursing 3.12 ph 115,061$ 117,280$ 106,900$ 9,692$ -$ -$ 116,592$ 1.33%99.41% MGMC In-Home Hospice 3.15 ph 37,000$ 37,000$ 20,000$ 12,000$ -$ -$ 32,000$ -13.51%86.49% MGMC Home Health Assistance - Homemaker 3.04 ph 164,500$ 160,300$ 125,000$ 19,000$ -$ 16,300$ 160,300$ -2.55%100.00% Total 456,939$ 432,958$ 341,900$ 51,192$ -$ 34,178$ 427,270$ -6.49%98.69% MICA Emerg. Assistance for Basic Needs - Food Pantry 2.01 gb 56,041$ 66,000$ 13,000$ 18,372$ -$ 33,000$ 64,372$ 14.87%97.53% Total 56,041$ 66,000$ 13,000$ 18,372$ -$ 33,000$ 64,372$ 14.87%97.53% NAMI Adv for Social Dev- Family/Cons. Ed 1.02 9,158$ 10,158$ -$ 8,804$ -$ 1,200$ 10,004$ 9.24%98.48% NAMI Adv for Social Dev-Family/Cons. Support 1.02 11,221$ 12,221$ -$ 11,537$ -$ 550$ 12,087$ 7.72%98.90% NAMI Public Ed/ Awareness 1.12 20,730$ 22,230$ -$ 8,519$ -$ 13,400$ 21,919$ 5.74%98.60% NAMI Public Ed/ Awareness - NAMI on campus 1.12 1,194$ 2,600$ -$ -$ -$ -$ -$ -100.00%0.00% NAMI Activity and Resource Center - Wellness Center 3.14 16,000$ 26,000$ -$ 8,600$ -$ 12,400$ 21,000$ 31.25%80.77% Total 58,303$ 73,209$ -$ 37,460$ -$ 27,550$ 65,010$ 11.50%88.80% PHC Community Clinics - Child Dental 3.01 gb 145,136$ 181,538$ 12,490$ 55,136$ -$ 88,382$ 156,008$ 7.49%85.94% Total 145,136$ 181,538$ 12,490$ 55,136$ -$ 88,382$ 156,008$ 7.49%85.94% Raising Readers Family Dev/ Ed - STARS 1.10 gb 23,602$ 25,991$ 5,413$ 5,786$ -$ 14,035$ 25,234$ 6.91%97.09% Raising Readers Out of School Learning 1.09 32,235$ 34,815$ 6,515$ 7,491$ 905$ 19,103$ 34,014$ 5.52%97.70% Raising Readers Public Ed/Awareness 1.12 gb 35,623$ 43,473$ 4,830$ 32,782$ -$ 3,700$ 41,312$ 15.97%95.03% Total 91,460$ 104,279$ 16,758$ 46,059$ 905$ 36,838$ 100,560$ 9.95%96.43% 59 1 A B C D E F G H I J K L M 24/25 FINAL FUNDING RECOMMENDATIONS Agency Service Index CO Rec 23/24 Req 24/25 County UW ISU City Total %Change %Funded 114 115 116 117 118 119 120 121 123 124 125 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 RSVP Volunteer Management 1.11 gb 70,643$ 74,000$ 22,696$ 23,650$ -$ 27,150$ 73,496$ 4.04%99.32% RSVP Disaster Services - Vol Mgmt for Emergencies 2.12 gb 9,500$ 9,800$ 1,800$ -$ -$ 8,000$ 9,800$ 3.16%100.00% RSVP Transportation 2.13 gb 19,700$ 21,500$ 7,600$ 11,900$ -$ 2,000$ 21,500$ 9.14%100.00% Total 99,843$ 105,300$ 32,096$ 35,550$ -$ 37,150$ 104,796$ 4.96%99.52% STCC Daycare - Infant 2.02 gb 6,600$ 7,100$ 3,150$ 3,950$ -$ -$ 7,100$ 7.58%100.00% STCC Daycare - Children 2.03 gb 125,400$ 134,900$ 59,850$ 69,090$ -$ -$ 128,940$ 2.82%95.58% Total 132,000$ 142,000$ 63,000$ 73,040$ -$ -$ 136,040$ 3.06%95.80% The Arc Advocacy for Social Dev 1.02 27,000$ 27,500$ -$ 27,500$ -$ -$ 27,500$ 1.85%100.00% The Arc Respite Care 3.11 12,500$ 12,500$ -$ 8,300$ -$ 4,200$ 12,500$ 0.00%100.00% The Arc Service Coordination 3.13 2,750$ 2,750$ -$ 1,250$ -$ 1,500$ 2,750$ 0.00%100.00% The Arc Special Recreation - Active Lifestyles 3.19 10,500$ 11,000$ -$ 5,300$ -$ 5,700$ 11,000$ 4.76%100.00% Total 52,750$ 53,750$ -$ 42,350$ -$ 11,400$ 53,750$ 1.90%100.00% The Community Academy Out of School Program 1.09 17,972$ 160,049$ 11,300$ 8,200$ 2,105$ 10,000$ 31,605$ 75.86%19.75% Total 17,972$ 160,049$ 11,300$ 8,200$ 2,105$ 10,000$ 31,605$ 75.86%19.75% TSA Emerg. Assist. For Basic Needs- Rent/Utility Assist.2.01 51,480$ 56,600$ -$ 22,000$ -$ 33,000$ 55,000$ 6.84%97.17% TSA Emerg. Assist. For Basic Needs- Food Pantry 2.01 45,915$ 54,000$ 18,000$ 15,000$ -$ 21,000$ 54,000$ 17.61%100.00% TSA Emerg. Assist. For Basic Needs- Food Pantry 2.01 lo 1,500$ 2,000$ 2,000$ -$ -$ -$ 2,000$ 33.33%100.00% TSA Disaster Services 2.12 gb 3,000$ 6,400$ 4,000$ -$ -$ 1,200$ 5,200$ 73.33%81.25% TSA Budget/ Credit Counseling - Rep Payee 2.14 30,000$ 30,000$ -$ 12,000$ -$ 18,000$ 30,000$ 0.00%100.00% TSA Emergency Shelter - Hotel Vouchers 2.08 -$ 13,000$ 3,000$ 5,000$ -$ 5,000$ 13,000$ TSA Emergency Assistance for Basic Needs - Vehicle Maintenance 2.01 -$ 6,000$ 2,000$ 990$ -$ 2,000$ 4,990$ Total 131,895$ 168,000$ 29,000$ 54,990$ -$ 80,200$ 164,190$ 24.49%97.73% UCC Daycare - Infant 2.02 gb 124,793$ 137,273$ 16,454$ 11,982$ 57,230$ 50,820$ 136,486$ 9.37%99.43% UCC Daycare - Children 2.03 gb 124,262$ 136,688$ 12,293$ 16,286$ 53,665$ 53,430$ 135,674$ 9.18%99.26% UCC Daycare - School Age 2.04 6,701$ 8,781$ -$ -$ 8,781$ -$ 8,781$ 31.04%100.00% UCC Daycare - Preschool 1.06 25,471$ 26,608$ -$ -$ 26,608$ -$ 26,608$ 4.46%100.00% Total 281,227$ 309,350$ 28,747$ 28,268$ 146,284$ 104,250$ 307,549$ 9.36%99.42% YSS Youth Dev/ Social Adjust. - Comm. Youth Dev 1.07 gb 91,171$ 93,906$ 36,519$ 15,000$ -$ 29,671$ 81,190$ -10.95%86.46% YSS Youth Dev/ Social Adjust. - YSS Mentoring Program 1.07 gb 107,064$ 120,019$ 43,905$ 26,966$ 1,025$ 41,437$ 113,333$ 5.86%94.43% YSS Youth Dev/ Social Adjust. - YSS Mentoring Program 1.07 lo -$ -$ -$ -$ -$ -$ -$ #DIV/0!#DIV/0! YSS Employment Assist. For Youth - Pre-Employment Skills/Training 1.08 gb 27,447$ 86,343$ 13,032$ 8,000$ -$ 20,931$ 41,963$ 52.89%48.60% YSS Out of School Program - Summer Enrichment 1.09 gb 88,177$ 101,586$ 21,289$ 58,119$ -$ 13,270$ 92,678$ 5.10%91.23% YSS Out of School Program - Summer Enrichment 1.09 lo 882$ 926$ 926$ -$ -$ -$ 926$ 4.99%99.99% YSS Family Dev/ Ed - FaDSS, Parent Ed, Healthy Futures 1.10 gb 27,222$ -$ -$ -$ -$ -$ -$ -100.00%#DIV/0! YSS Public Ed/ Awareness - combined 1.12 gb 156,509$ 161,204$ 90,000$ 13,465$ 2,240$ 39,103$ 144,808$ -7.48%89.83% YSS Emerg. Assist. For Basic Needs - Transitional Living 2.01 gb 55,383$ 63,690$ 50,600$ 5,436$ -$ 7,082$ 63,118$ 13.97%99.10% YSS Emerg. Assist. For Basic Needs - Rapid Rehousing 2.01 gb -$ 35,000$ -$ -$ -$ -$ -$ #DIV/0!0.00% YSS Out of School Program - Kids Club 2.04 gb 85,808$ 89,902$ 73,192$ 14,748$ -$ -$ 87,940$ 2.48%97.82% YSS Out of School Program - Kids Club 2.04 lo 5,000$ 5,150$ 5,150$ -$ -$ -$ 5,150$ 3.00%100.00% YSS Emergency Shelter - Rosedale 2.08 151,263$ 158,826$ 70,153$ 21,321$ -$ 32,442$ 123,916$ -18.08%78.02% YSS Clothing/ Furnishings/Other - Storks Nest 2.11 gb 6,815$ 34,037$ -$ -$ -$ -$ -$ -100.00%0.00% YSS Crisis Intervention - Rosedale Crisis 3.09 5,250$ 5,250$ -$ -$ -$ 5,250$ 5,250$ 0.00%100.00% YSS Service Coordination 3.13 gb 21,000$ 21,000$ 5,000$ 8,000$ -$ 8,000$ 21,000$ 0.00%100.00% YSS Substance Use Disorder Outpatient Treatment 3.16 43,670$ 64,162$ 20,000$ 5,000$ 5,200$ 13,962$ 44,162$ 1.13%68.83% 60 1 A B C D E F G H I J K L M 24/25 FINAL FUNDING RECOMMENDATIONS Agency Service Index CO Rec 23/24 Req 24/25 County UW ISU City Total %Change %Funded 170 171 172 173 174 175 176 178 180 186 YSS Primary Treat./ Health Maint. (Outpatient)-Family Counseling Center 3.17 88,249$ 140,896$ -$ 29,242$ -$ 79,964$ 109,206$ 23.75%77.51% Total 960,910$ 1,181,898$ 429,766$ 205,297$ 8,465$ 291,112$ 934,640$ -2.73%79.08% YWCA Advocacy for Social Dev - Parent and Student Support/ Advocacy Against Discrimination1.02 26,963$ 30,261$ -$ 6,326$ 20,281$ 1,366$ 27,973$ 3.75%92.44% YWCA Informal Ed for Self Imp and Self Enrich - Training/ Ed 1.04 10,876$ 18,000$ -$ -$ 12,829$ -$ 12,829$ 17.96%71.27% YWCA Youth Dev/ Social Adj - Girls Power 1.07 19,000$ 22,000$ -$ 5,420$ 5,625$ 3,000$ 14,045$ -26.08%63.84% Total 56,839$ 70,261$ -$ 11,746$ 38,735$ 4,366$ 54,847$ -3.50%78.06% TOTAL 4,824,030$ 5,957,955$ 1,635,456$ 1,147,484$ 276,892$ 1,780,999$ 4,840,831$ 0.35%81.25% Notes Unallocated Funds*Emergency Shelter Housing Serv. Coord. Food Undesignated Total City of Ames $117,322 $6,000.00 $0.00 $20,257.00 $143,579.00 Story County $86,317.50 $30,050.00 $53,516.50 $0.00 $169,884.00 United Way of Story County $11,228 $0.00 $0.00 $0.00 $11,228.00 Total $214,867.50 $36,050.00 $53,516.50 $20,257.00 $324,691.00 1/18/2024 YSS Emergency Shelter (Rosedale) funding is being sequestered pending review of information 61 ITEM #:10 DATE:06-11-24 DEPT:ADMIN SUBJECT:FY 2024/25 COMMISSION ON THE ARTS ANNUAL GRANT CONTRACTS COUNCIL ACTION FORM BACKGROUND: The City Council authorized the Commission on the Arts (COTA) to allocate up to $240,931 in arts agency funding for FY 2024/25. At the City Council’s FY 2024/25 Budget Wrap-Up Session, the City Council received COTA’s recommendations for each arts agency totaling $233,016. Additionally, COTA recommended reserving $7,915 of its allocation to use for fall and spring special projects. The City Council has allocated funding in the FY 2024/25 Budget for these grants. Contracts were prepared for each agency receiving a COTA annual grant. These contracts have been mailed to arts organizations and returned with signatures, and are now presented for City Council approval. A summary of the COTA funding for each agency is attached. ALTERNATIVES: 1. Approve the COTA Annual Grant contracts as recommended by the Commission on the Arts. 2. Request further information from COTA prior to approving these contracts. CITY MANAGER'S RECOMMENDED ACTION: The City Council has allocated funding in the City Budget to fund arts activities, and the Commission on the Arts has received applications and made awards that meet the criteria for COTA funding. Contracts are required to define the scope of services that will be met by each organization receiving funding. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): 2024-25 COTA Grant Recommendations.pdf 62 2024 - 25 COTA Annual Grant Recommendations Organization 23-24 Award 24-25 Amount Requested 24-25 COTA REC. AMOUNT ACTORS 18,800$ 26,000$ 19,300$ AIOFA 9,500$ 9,900$ 9,260$ Ames Chamber Artists 6,000$ 6,500$ 6,000$ Ames Youth Choir 14,786$ 16,000$ 15,200$ Ames Choral Society 3,900$ 4,000$ 3,950$ Ames Community Arts Council 12,300$ 14,000$ 12,900$ Ames Chapter of Des Moines Metro Opera Guild 1,474$ 1,500$ 1,450$ Ames Desi Drama Association -$ 6,000$ 4,800$ Central Iowa Symphony 13,500$ 15,000$ 13,900$ Creative Artists' Studios of Ames -$ 5,000$ 4,800$ Dancenter Dance Company Foundation 3,000$ 4,000$ 3,650$ Friends of Ames Strings 4,400$ 4,000$ 3,950$ Friends of Roosevelt Park -$ 1,200$ 1,160$ Good Company 2,200$ 3,000$ 2,850$ India Cultural Association 9,700$ 12,000$ 9,600$ Iowa Youth Ballet -$ 5,000$ 4,200$ KHOI 7,400$ 9,600$ 7,800$ Octagon Center for the Arts 48,600$ 51,000$ 46,100$ Senior Variety Show 4,900$ 5,000$ 4,900$ Story Theater Company 31,940$ 45,000$ 39,516$ Town & Gown 17,550$ 18,650$ 17,730$ AGENCY SUBTOTAL 220,950$ 262,350$ 233,016$ SPEC. PROJ. GRANT RESERVE 8,508$ -$ 7,915$ Total 229,458$ 262,350$ 240,931$ 63 ITEM #:11 DATE:06-11-24 DEPT:ADMIN SUBJECT:FY 2024/25 OUTSIDE FUNDING REQUEST CONTRACTS COUNCIL ACTION FORM BACKGROUND: During adoption of the FY 2024/25 Budget, the City Council reviewed requests from local organizations. The City Council allocated funds for these organizations to provide facilities and services to the public. In total, $309,035 was allocated from the Local Option Sales Tax Fund. An additional $15,000 was allocated from the Hotel/Motel Tax Fund for the AEDC Workforce Programming. Additionally, a total of $10,000 was allocated from the Hotel/Motel Tax Fund for parking waiver reimbursements. Previously, parking waiver funds were allocated from the Local Option Sales Tax Fund. Parking waiver funds are not authorized in any of the individual contracts, since these funds are simply transferred from the Hotel/Motel Tax Fund to the Parking Fund at the time the event is approved by the City Council. Contracts with each organization have been prepared by City staff and contain specific deliverables to be completed. Once complete, the organization may request drawdown from the City on a reimbursement basis. The draft contracts have been signed by organization representatives, returned to City staff, and are now before the City Council for approval. ALTERNATIVES: 1. Approve Outside Funding Contracts with the organizations listed above for FY 2024/25. 2. Modify the authorized amount or scope of services for one or more organizations. 3. Do not approve these funding contracts. CITY MANAGER'S RECOMMENDED ACTION: Funding for these activities was included in the City's adopted FY 2024/25 Budget. These scopes of services have been developed in cooperation with the organizations to ensure that the City's funding is used for the benefit of the public. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): FY24-25 Outside Funding Recommendations.pdf 64 1 FY 2024/25 Operational Funding Recommendations (Local Option) 2023/24 Adopted 2024/25 Request 2024/25 Recomm. $ Change % Change American Legion Riders $ 2,500 $ 2,500 $ 2,500 $ -- 0% Ames Historical Society 50,752 66,752 56,000 5,248 10.3% Ames Int’l Partner Cities 5,800 8,000 8,000 2,200 37.9% Ames Main Street 53,000 54,000 54,000 1,000 1.9% Campustown Action Ass’n 42,000 43,000 43,000 1,000 2.4% Farmer’s Market 10,000 12,000 11,000 1,000 10.0% Home Allies* 5,489 - - (5,489) (100%) Hunziker Youth Sports Complex 84,000 94,000 89,035 5,035 6.0% Story County Housing Trust 40,778 52,477 45,500 4,722 11.6% LOCAL OPTION TOTAL $ 294,319 $332,729 $ 309,035 $ 14,716 5.0% FY 2024/25 Operational Funding Recommendations (Hotel/Motel Tax Fund) 2023/24 Adopted 2024/25 Request 2024/25 Recomm. Parking Waiver Reimbursements $ 10,000 $ 10,000 AEDC Workforce Development Program $ 15,000 15,000 15,000 TOTAL $ 15,000 $ 25,000 $ 25,000 65 ITEM #:12 DATE:06-11-24 DEPT:P&H SUBJECT:RESOLUTION APPROVING COVENANT RELATED TO FLOODPLAIN AREA UPON LOT 27, AND OUTLOT Z IN THE BAKER SUBDIVISION COUNCIL ACTION FORM BACKGROUND: As part of the administrative requirements of our CDBG and HOME Programs with the Department of Housing and Urban Development (HUD), all HUD-assisted project activities approved in our Annual Action Plans are subject to an Environmental Review Process. The goal of carrying out environmental assessments is to protect human health and the natural environment from the foreseeable, harmful effects of planned industrial facilities and infrastructure measures. Staff completed the environmental review of the proposed new construction of 38 LIHTC multi-family units on Lot 27 in the Baker Subdivision and on Outlot Z (storm water detention Pond) and submitted the request for approval to HUD. HUD's review of the request indicated that a very small portion of Lot 27 along the southern boundary is located in the 500-year Floodplain, and a small portion of Outlot Z is in the 100-year floodplain along the south boundary. In order to utilize our HOME funds towards the construction of the low-income units on Lot 27, and to cover the environmental review elements remaining for the entire subdivision, the City has to establish certain restrictions with respect to the use of the 500-year and 100-year floodplain areas of the entire subdivision. The proposed restricted areas have no impact on the planned Creekside Townhome project or the City's storm water detention facility. Attached for your review and approval is a two Declaration of Restrictive Covenants Related to the Floodplain on Lot 27 and related to Outlot Z that have been prepared by our Legal Department. The Restrictive Covenant language for both lots have been approved by HUD. ALTERNATIVES: 1. The City Council can adopt a Resolution approving the Covenants related to Floodplain area on Lot 27 and Outlot Z (storm water detention pond) in the Baker Subdivision. 2. The City Council can deny the adoption of a Resolution approving the Covenants related to the Floodplain area upon Lot 27 and Outlot Z (storm water detention pond) in the Baker Subdivision. CITY MANAGER'S RECOMMENDED ACTION: In order for the City of Ames to receive approval to utilize its HOME Program funds to assist with the development of 38 LIHTC units on Lot 27 and cover Lot Z (storm water detention pond) in the Baker Subdivision, the adoption of the attached Covenants are required. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Covenant Floodplain (Lot 27) (2).pdf Restrictive Covenant (Outlot Z) (1).pdf 66 DECLARATION OF RESTRICTIVE COVENANT RELATED TO FLOODPLAIN (Lot 27) This Declaration of Restrictive Covenant (“Declaration”) is executed as of June 11, 2024, (the “Effective Date”), by the City of Ames, Iowa, an Iowa municipal corporation (“City”), its successors and assigns. RECITALS A. The City is the owner and titleholder of that certain parcel of land located at 3216 Tripp Street, Ames, Iowa, which is more fully described on Exhibit A hereto (the “Property”). B. An incidental portion of the Property depicted on Exhibit B hereto is located within a 500 year Floodplain (said portion of the Property hereinafter referred to as the “Floodplain Area”). C. In connection with certain financial grant assistance provided by the United States Department of Housing and Urban Development (“HUD”) to the City, the City has agreed to establish certain restrictions with respect to the use of the Floodplain Area that are intended to run with the land as more fully set forth herein. The use restriction contained herein is intended to comply with the requirements of Section 24 C.F.R. 55.12(c)(7). D. The purpose of this Declaration is to provide for permanent preservation of the Floodplain Area, as set forth herein. NOW THEREFORE, in consideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City declares as follows: S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to: Document prepared by: 67 2 1. Use Restrictive Covenant. (a) From and after the Effective Date, (i) no new structure, paving, or other improvements shall be constructed on, and no new modifications or landscaping activities (except for minor grubbing, clearing of debris, pruning, sodding or seeding, or other similar activities) shall be carried out within the Floodplain Area; and (ii) the use of the Floodplain Area shall be limited solely to passive open or green space. (b) This Declaration and the covenants set forth herein restricting the use of the Floodplain Area (i) shall constitute covenants running with, touching, and encumbering the Property, binding upon the City and all successors in interest or title, transferees, vendees, lessees, mortgagees, and assigns who are owners and/or users of the Property, and (ii) are not merely personal covenants of the City. (c) Any and all requirements of the laws of the State of Iowa to be satisfied in order for the provisions of this Declaration to constitute covenants running with the land shall be deemed to be satisfied in full, and any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable servitude has been created to insure that these restrictions run with the land. The covenants contained herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Declaration. 2. Enforcement. In the event of a breach or threatened breach of this Declaration, any party adversely affected by such breach, the county or municipality where the Property is located, the State, or the United States of America shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including seeking injunctive relief to prevent a violation thereof. 3. Superiority. The charges and burdens of this Declaration are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made affecting the Property or any part thereof, including any improvements now or hereafter placed thereon, and notwithstanding a foreclosure or other voluntary or involuntary transfer of title pursuant to such instrument, shall remain in full force and effect, but are subordinate to the security interests of record on the Effective Date. Provided, however, that a breach of any of the restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The charges and burdens of this Declaration are not intended to either create a lien upon the Property, or grant any right of foreclosure, to any person or party. 4. Release. Any person or entity having or acquiring fee or leasehold title to the Property or any portion thereof shall be required to comply with this Declaration only during the period such person or entity is the fee or leasehold owner of the Property, and thereafter shall be released therefrom, except that such person or entity shall continue to be liable 68 3 for, and shall not be released from liability for, obligations, liabilities or responsibilities that accrue or accrued during said period of ownership. Although persons or entities may be released under this paragraph, the restrictions of this Declaration shall continue to be restrictions upon the Property, running with the land, and shall inure to the benefit of, and be binding upon, their successors and assigns in title or interest. 5. Notices. All notices provided for herein may be delivered in person, sent by Federal Express or other overnight courier service, mailed in the United States mail postage prepaid, or sent by electronic or facsimile transmission, and, regardless of the method of delivery used, shall be considered delivered upon the actual receipt or refusal of receipt thereof. The name, address and other information to be used in connection with such correspondence and notices to Owner shall be the then-current owner’s name and address information maintained in the official real property tax records with respect to the Property. 6. Miscellaneous. (a) Headings. The headings in this Declaration are for convenience only and do not in any way limit or affect the terms and provisions hereof. (b) Unenforceability. If any provision of this Declaration is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. (c) Gender. Wherever appropriate in this Declaration, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (d) Governing Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Iowa. (e) Remapping of Floodplain. In the event that a final Flood Insurance Rate Map or a Letter of Map Amendment issued by the U.S. Federal Emergency Management Agency (or successor federal agency having responsibility therefor) after the date of this Declaration revises the boundaries of the floodplain with the effect of reducing the extent of the Property that is within the Floodplain Area, the Use Restrictive Covenant in the Declaration shall apply within the revised boundaries of the Floodplain from and after the effective date of the revised Flood Insurance Rate Map or Letter of Map Amendment; provided, that City and its successors may not deposit fill within the Floodplain Area or obtain a Letter of Map Revision based upon such fill, and any such Letter of Map Revision based on fill shall not alter the applicability of the Use Restrictive Covenant to the Floodplain as delineated prior to such Letter of Map Revision. (f) Amendments. This Declaration may be amended or canceled only by written instrument executed by HUD and the then-current owner of the Property. 69 4 (g) No General Public Access. This Declaration does not establish any rights of access in favor of the general public for any purposes whatsoever. (h) Entire Agreement. This Declaration constitutes the entire agreement of the City with respect to the subject matter hereof and supersedes all prior negotiations or discussions, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the undersigned has caused this Declaration to be approved by its duly authorized representatives, as of the day and year first above written. CITY OF AMES, IOWA [SE A L ] John A. Haila, Renee Hall, STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 2024, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. NOTARY PUBLIC 70 5 EXHIBIT A Lot 27, Baker Subdivision, Ames, Iowa. EXHIBIT B – Legal Description An area commencing at the Southeast Corner of Lot 1, Baker Subdivision, City of Ames, Iowa; thence N88°31’15”E, 97.61 feet, to a point on the south line of said Baker Subdivision and the Point of Beginning of a 3.0 foot wide strip that includes all of the existing 500-year floodplain area within Lot 27, which the south line of said area is described as the south line of Lot 27 of said Subdivision, terminating at the Southeast Corner of said Lot 27, all perimeters of said area are contained within said Lot 27. [Said description is overinclusive of the actual existing floodplain area]. 71 L A T I M E R L NTRIPP ST S W I L M O T H A V E Exhibit B Floodplain Restricted Area Map - Baker Subdivision Lot 27 0 0.01 0.020.01 Miles ¯Legend Parcels Flood Zone A AE AREA NOT INCLUDED X Floodplain No Build Restriction Area Lot 27 Baker Subdivision Floodplain No Build Restriction Area - See Detail 3' Lot 1 Baker Subdivision 72 DECLARATION OF RESTRICTIVE COVENANT RELATED TO FLOODPLAIN (Outlot Z) This Declaration of Restrictive Covenant (“Declaration”) is executed as of June 11, 2024, (the “Effective Date”), by the City of Ames, Iowa, an Iowa municipal corporation (“City”), its successors and assigns. RECITALS A.The City is the owner and titleholder of that certain parcel of land located at 3110 Tripp Street, Ames, Iowa, which is legally known as “Outlot Z, Baker Subdivision, Ames, Iowa” (the “Property”). B.Under Ames Municipal Code §§23.201(41) and 23.401(3)(g) the Property is an unbuildable lot within Baker Subdivision. C.A portion of the Property as depicted on Exhibit A hereto is located within the 100- and 500-year Floodplain (said portion of the Property hereinafter referred to as the “Floodplain Area”). D.In connection with certain financial grant assistance provided by the United States Department of Housing and Urban Development (“HUD”) to the City for the adjacent real estate known as 3216 Tripp Street, Ames, Iowa (legally known as “Lot 27, Baker Subdivision, Ames, Iowa’), the City has agreed to establish certain restrictions with respect to the use of the Floodplain Area that are intended to run with the land as more fully set forth herein. The use restriction contained herein is intended to comply with the requirements of Section 24 C.F.R. 55.12(c)(7). E.The purpose of this Declaration is to provide for permanent preservation of the Floodplain Area, as set forth herein. S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to: Document prepared by: 73 2 NOW THEREFORE, in consideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City declares as follows: 1. Use Restrictive Covenant. (a) From and after the Effective Date, (i) no new structure, paving, or other improvements shall be constructed on, and no new modifications or landscaping activities (except for minor grubbing, clearing of debris, pruning, sodding or seeding, or other similar activities) shall be carried out within the Floodplain Area; and (ii) the use of the Floodplain Area shall be limited solely to passive open or green space. (b) This Declaration and the covenants set forth herein restricting the use of the Floodplain Area (i) shall constitute covenants running with, touching, and encumbering the Property, binding upon the City and all successors in interest or title, transferees, vendees, lessees, mortgagees, and assigns who are owners and/or users of the Property, and (ii) are not merely personal covenants of the City. (c) Any and all requirements of the laws of the State of Iowa to be satisfied in order for the provisions of this Declaration to constitute covenants running with the land shall be deemed to be satisfied in full, and any requirements or privileges of estate are intended to be satisfied, or in the alternate, an equitable servitude has been created to insure that these restrictions run with the land. The covenants contained herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Declaration. 2. Enforcement. In the event of a breach or threatened breach of this Declaration, any party adversely affected by such breach, the county or municipality where the Property is located, the State, or the United States of America shall be entitled to institute proceedings at law or in equity for relief from the consequences of said breach including seeking injunctive relief to prevent a violation thereof. 3. Superiority. The charges and burdens of this Declaration are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made affecting the Property or any part thereof, including any improvements now or hereafter placed thereon, and notwithstanding a foreclosure or other voluntary or involuntary transfer of title pursuant to such instrument, shall remain in full force and effect, but are subordinate to the security interests of record on the Effective Date. Provided, however, that a breach of any of the restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The charges and burdens of this Declaration are not intended to either create a lien upon the Property, or grant any right of foreclosure, to any person or party. 4. Release. Any person or entity having or acquiring fee or leasehold title to the Property or any portion thereof shall be required to comply with this Declaration only during the period such person or entity is the fee or leasehold owner of the Property, and thereafter 74 3 shall be released therefrom, except that such person or entity shall continue to be liable for, and shall not be released from liability for, obligations, liabilities or responsibilities that accrue or accrued during said period of ownership. Although persons or entities may be released under this paragraph, the restrictions of this Declaration shall continue to be restrictions upon the Property, running with the land, and shall inure to the benefit of, and be binding upon, their successors and assigns in title or interest. 5. Notices. All notices provided for herein may be delivered in person, sent by Federal Express or other overnight courier service, mailed in the United States mail postage prepaid, or sent by electronic or facsimile transmission, and, regardless of the method of delivery used, shall be considered delivered upon the actual receipt or refusal of receipt thereof. The name, address and other information to be used in connection with such correspondence and notices to Owner shall be the then-current owner’s name and address information maintained in the official real property tax records with respect to the Property. 6. Miscellaneous. (a) Headings. The headings in this Declaration are for convenience only and do not in any way limit or affect the terms and provisions hereof. (b) Unenforceability. If any provision of this Declaration is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. (c) Gender. Wherever appropriate in this Declaration, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (d) Governing Law. This Declaration shall be construed and enforced in accordance with the laws of the State of Iowa. (e) Remapping of Floodplain. In the event that a final Flood Insurance Rate Map or a Letter of Map Amendment issued by the U.S. Federal Emergency Management Agency (or successor federal agency having responsibility therefor) after the date of this Declaration revises the boundaries of the floodplain with the effect of reducing the extent of the Property that is within the Floodplain Area, the Use Restrictive Covenant in the Declaration shall apply within the revised boundaries of the Floodplain from and after the effective date of the revised Flood Insurance Rate Map or Letter of Map Amendment; provided, that City and its successors may not deposit fill within the Floodplain Area or obtain a Letter of Map Revision based upon such fill, and any such Letter of Map Revision based on fill shall not alter the applicability of the Use Restrictive Covenant to the Floodplain as delineated prior to such Letter of Map Revision. (f) Amendments. This Declaration may be amended or canceled only by written instrument executed by HUD and the then-current owner of the Property. 75 4 (g) No General Public Access. This Declaration does not establish any rights of access in favor of the general public for any purposes whatsoever. (h) Entire Agreement. This Declaration constitutes the entire agreement of the City with respect to the subject matter hereof and supersedes all prior negotiations or discussions, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the undersigned has caused this Declaration to be approved by its duly authorized representatives, as of the day and year first above written. CITY OF AMES, IOWA [SE A L ] John A. Haila, Renee Hall, STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 2024, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. NOTARY PUBLIC 76 5 EXHIBIT A – Legal Description All land included within the South 60 feet of Outlot Z, Baker Subdivision, City of Ames, Iowa. [Said description is overinclusive of the actual existing 100- and 500-year floodplain area]. 77 L A T I M E R L NTRIPP ST S W I L M O T H A V E Exhibit A Floodplain Restricted Area Map - Baker Subdivision 0 0.01 0.020.01 Miles ¯Legend Parcels Flood Zone A AE AREA NOT INCLUDED X Floodplain No Build Restriction Area Lot 27 Baker Subdivision Floodplain No Build Restriction Area - See Detail Lot 1 Baker Subdivision 60' Outlot Z Baker Subdivision 78 ITEM #:13 DATE:06-11-24 DEPT:W&PC SUBJECT:CHANGE IN CORPORATE OWNERSHIP OF CONSULTANT FOR FY 2023/24 STORY COUNTY EDGE OF FIELD/WATERSHED-BASED NUTRIENT REDUCTION PROJECT - ENGINEERING SERVICES COUNCIL ACTION FORM BACKGROUND: On October 24, 2023, the City awarded a contract in the amount of $70,080 to Sustainable Environment Consultants of West Des Moines, Iowa for Engineering Services related to the FY 2023/24 Story County Edge-of-Field Project. The City received notification that Sustainable Environment Consultants had a corporate restructuring and effective March 25, 2024, Sustainable Environment Consultants will be operating as Eocene Environmental Group, Inc. Any further work will be invoiced under the new company name. ALTERNATIVES: 1. Consent to the transfer of corporate ownership from Sustainable Environmental Consultants, West Des Moines, Iowa to Eocene Environmental Group, Inc., West Des Moines, Iowa. Any further payment for engineering services under this agreement will be made to Eocene Environmental Group, Inc., for the FY 2023/24 Edge of Project/Watershed-based Nutrient Reduction project. 2. Cancel the contract and complete the project with another consultant. CITY MANAGER'S RECOMMENDED ACTION: In order to facilitate this project with the least disruption, the City’s FY 2023/24 Story County Edge-of- Field Project must continue to move forward with existing consultant and the City will consent to the transfer of corporate ownership. The project is beginning the bid phase of the work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 79 ITEM #:14 DATE:06-11-24 DEPT:PW SUBJECT:2024/25 ARTERIAL STREET PAVEMENT IMPROVEMENTS (HYLAND AVE) FUNDING AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION COUNCIL ACTION FORM BACKGROUND: The City of Ames has been awarded a grant in the amount of $1,890,000 through the Iowa Department of Transportation (IDOT) for the 2024/25 Arterial Street Pavement Improvements (Hyland Ave) project. The project will begin at Ontario Rd and extend 0.8 miles south to Lincoln Way and will include the addition of a shared use path from Ontario to Oakland, as previously directed by the City Council. This agreement is through the Surface Transportation Block Grant Program Federal-aid program to fund transportation improvement projects on streets and highways in Iowa. This funding requires a bid letting through IDOT. This agreement has been reviewed and approved by the City of Ames Legal Department. The summary of the revenues and estimated expenses are shown below: Funding Source Revenue Expenses GO Bonds $758,080 2024/25 Arterial St STGB Funds $1,890,000 Construction Est $1,800,000 Engineering/Administration $ 405,900 TOTAL $2,648,080 $2,205,900 ALTERNATIVES: 1. Approve the Iowa DOT STBG Federal-aid funding Agreement for the 2024/25 Arterial Street Pavement Improvements (Hyland Ave) project in the amount of $1,890,000. 2. Reject the Agreement. CITY MANAGER'S RECOMMENDED ACTION: Approval of this agreement with the Iowa DOT will allow moving forward with development and construction of this project for the 2025 construction season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as noted above. ATTACHMENT(S): Hyland Ave Project Location Map.pdf Fund Agreement Ames STP-U-0155(714)--70-85 #021.pdf 80 2024/25 Arterial Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection LINCOLN WAY ROSS RD WEST ST ONTARIO ST PAMMEL DR OSBORN DR OAKLAND ST WOODLAND ST ST A N G E R D WA L L A C E R D BI S S E L L R D CA M P U S A V E FR A N K L I N A V E SH E L D O N A V E MO R R I L L R D GA R F I E L D A V E WO I R D BEYER CT STORY ST FA R M H O U S E L N IO W A A V E ELLIS ST SC O T T A V E WANDA DALEY DR ANNEAR ST WE L C H R D MA R S H A L L A V E MO R R I L L R D ¯Project Location Hyland Ave: Lincoln Way to Ontario St. 81 July 2022 IOWA DEPARTMENT OF TRANSPORTATION Federal-aid Agreement for a Surface Transportation Block Grant Program Project RECIPIENT: City of Ames Project No.: STP-U-0155(714)—70-85 Iowa DOT Agreement No.: 1-24-STPU-021 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the City of Ames, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the DEPARTMENT. The RECIPIENT has received Federal funding through the Surface Transportation Block Grant (STBG) Program. STGB funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal-aid highways, bridges (as defined by the National Bridge Inspection Standards) on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal-aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STBG funding to the RECIPIENT for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The DEPARTMENT's contact person will be the Local Systems Project Development Engineer, Jenifer Bates, and the Central Region Local Systems Field Engineer, Brian J. Catus. The RECIPIENT's contact person shall be the City Engineer. 3. The RECIPIENT shall be responsible for the development and completion of the following described STBG project: In the City of Ames on Hyland Avenue from Lincoln Way .8 miles to Ontario Street PCC Pavement – Grade and Replace. 4. Eligible project activities will be limited to actual construction costs. 5. Costs associated with work outside the eligible project construction limits, routine maintenance activities, operations, and monitoring expenses are not eligible. In addition, administrative costs, engineering, inspection, legal, right of way, utility relocations, activities necessary to comply with Federal and State environmental or permit requirements, and fees or interest associated with bonds or loans are not eligible. 6. The RECIPIENT shall receive reimbursement for costs of authorized and approved eligible project activities from STBG funds. The portion of the project costs reimbursed by STBG funds shall be limited to a maximum of either 80 percent of eligible costs or the amount of $1,890,000, as stipulated in the Ames Area Metropolitan Planning Organization current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 7. The RECIPIENT shall pay for all project costs not reimbursed with STBG funds. 8. If the project described in Section 3 drops out of the Ames Area Metropolitan Planning Organization current TIP or the approved current STIP prior to obligation of Federal funds, and the RECIPIENT fails to 82 Page 2 reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 9. The RECIPIENT shall let the project for bids through the DEPARTMENT. 10. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 11. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 12. This agreement and the attached Exhibit 1 constitute the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block By_______________________________ Date _____________________________, 20______ _______________________________ Title of city official I,________________________________, certify that I am the City Clerk of Ames, and that______________________________, who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the _______ day of _____________________________, 20______. Signed_____________________________ Date _____________________________, 20______ City Clerk of Ames, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By_________________________________ Date _____________________________, 20______ Brian J. Catus, P.E. Local Systems Field Engineer Central Region 83 May 2024 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Projects Unless otherwise specified in this agreement, the RECIPIENT shall be responsible for the following: 1. General Requirements a. The RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the RECIPIENT, the DEPARTMENT has provided guidance in the Federal-aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.s) that are referenced by the Guide. Both are available on-line at: https://www.iowadot.gov/local_systems/ publications/im/lpa_ims.htm. The RECIPIENT shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the RECIPIENT shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the RECIPIENT shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The RECIPIENT agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements, which includes the requirement to provide a copy of the Subrecipient’s Title VI Plan or Agreement and Standard DOT Title VI Assurances to the DEPARTMENT. c. The RECIPIENT shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the RECIPIENT shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the RECIPIENT agrees to indemnify, defend, and hold the DEPARTMENT harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 “Audit Requirements”, a non-Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program-specific audit conducted for that year in accordance with the provisions of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the RECIPIENT will pay initial project costs and request reimbursement from the DEPARTMENT, the RECIPIENT shall report this project on its SEFA. If the DEPARTMENT will pay initial project costs and then credit those accounts from which initial costs were paid, the DEPARTMENT will report this project on its SEFA. When the DEPARTMENT will pay initial project costs and credit those accounts from which initial costs were paid, the RECIPIENT shall not report this project on its SEFA. f. The RECIPIENT shall supply the DEPARTMENT with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The RECIPIENT shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The RECIPIENT shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. ii. The RECIPIENT shall comply with the requirements of I.M. 5.010, DBE Guidelines. 84 EXHIBIT 1 Page 2 iii. The DEPARTMENT’s DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the RECIPIENT of its failure to carry out its approved program, the DEPARTMENT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3) If the DEPARTMENT’s authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The DEPARTMENT shall provide the RECIPIENT with written notice of termination pursuant to this section. 2. Programming and Federal Authorization a. The RECIPIENT shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The RECIPIENT shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the DEPARTMENT, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the RECIPIENT shall contact the DEPARTMENT to obtain the procedures necessary to secure FHWA authorization. The RECIPIENT shall submit a written request for FHWA authorization to the DEPARTMENT. After reviewing the RECIPIENT’s request, the DEPARTMENT will forward the request to the FHWA for authorization and obligation of Federal funds. The DEPARTMENT will notify the RECIPIENT when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. c. Upon receiving FHWA Authorization, the RECIPIENT must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous funding activity, the remaining unused programmed amount will be de-obligated from the project and there will be no further federal aid reimbursement issued for the project. If the RECIPIENT knows in advance that funding activity will not occur for nine months or more, the DEPARTMENT’s Contract Administrator needs to be notified to determine if programming or authorization of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization, a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government’s listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 85 EXHIBIT 1 Page 3 3. Federal Participation in Work Performed by RECIPIENT Employees a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 3.330, Federal-aid Participation in In-House Services. 4. Design and Consultant Services a. The RECIPIENT shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the DEPARTMENT in the Guide and applicable I.M.s. b. If the RECIPIENT requests Federal funds for consultant services, the RECIPIENT and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications-based selection process. The RECIPIENT shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal-aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is Federally funded, and if right-of-way acquisition or construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay to the DEPARTMENT the amount of Federal funds reimbursed to the RECIPIENT for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits a. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The RECIPIENT shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110 Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The RECIPIENT shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the DEPARTMENT, or other agencies as required. The RECIPIENT shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.190, Highway Improvements in the Vicinity of Airports or Heliports, and 4.160, Asbestos Inspection, Removal, and Notification Requirements. d. In all contracts entered into by the RECIPIENT, and all subcontracts in connection with this project that exceed $100,000, the RECIPIENT shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the RECIPIENT shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right-of-Way, Railroads and Utilities a. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the DEPARTMENT's Right of Way Bureau Local Public Agency Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. 86 EXHIBIT 1 Page 4 b. The RECIPIENT shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal funding for right-of-way acquisition, the RECIPIENT shall also obtain FHWA authorization before purchasing any needed right-of-way. c. If the project right-of-way is Federally funded, and if construction of the project is not started by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the RECIPIENT shall repay the amount of Federal funds reimbursed for right-of-way costs to the DEPARTMENT. d. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the RECIPIENT shall obtain agreements, easements, or permits as needed from the railroad. The RECIPIENT shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way, and I.M. 3.680, Federal-aid Projects Involving Railroads. e. The RECIPIENT shall comply with the DEPARTMENT’s Policy for Accommodating Utilities on the County and City Non-Primary Federal-aid Road System for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the RECIPIENT shall follow the DEPARTMENT’s Policy for Accommodating and Adjustment of Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal funding reimbursement. The RECIPIENT should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. f. If the RECIPIENT desires Federal reimbursement for utility costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations. 7. Contract Procurement The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the DEPARTMENT, the RECIPIENT shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the DEPARTMENT for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DEPARTMENT's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents in Doc Express. c. For projects that are let locally by the RECIPIENT, the RECIPIENT shall follow the procedures in I.M. 5.120, Local Letting Process - Federal-aid. d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the DEPARTMENT in accordance with I.M. 3.710, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the DEPARTMENT has reviewed and approved the Project Development Certification. e. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 26.12. 87 EXHIBIT 1 Page 5 f. The RECIPIENT shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the DEPARTMENT has concurred in the contract execution. 8. Construction a. A full-time employee of the RECIPIENT shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the DEPARTMENT. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the DEPARTMENT, the project shall be constructed under the DEPARTMENT's Standard Specifications for Highway and Bridge Construction and the RECIPIENT shall comply with the procedures and responsibilities for materials testing according to the DEPARTMENT's Materials I.M.s. available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nav.htm. d. For projects let locally, the RECIPIENT shall provide materials testing and certifications as required by the approved specifications. e. If the DEPARTMENT provides any materials testing services to the RECIPIENT, the DEPARTMENT will bill the RECIPIENT for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The RECIPIENT shall follow the procedures in I.M. 6.000, Construction Inspection, and the DEPARTMENT’s Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements a. After costs have been incurred, the RECIPIENT shall submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months, but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the DEPARTMENT by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the RECIPIENT, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the DEPARTMENT along with all required supporting documentation. The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs. The DEPARTMENT may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DEPARTMENT determines the RECIPIENT has been overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final audit or review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the Federal funds withheld. e. The total funds collected by the RECIPIENT for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the RECIPIENT (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the 88 EXHIBIT 1 Page 6 project. In the event that the total funds collected by the RECIPIENT do exceed the total project costs, the RECIPIENT shall either: 1) in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the DEPARTMENT will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the RECIPIENT. 10. Project Close-out a. Within 30 days of completion of construction or other activities authorized by this agreement, the RECIPIENT shall provide written notification to the DEPARTMENT. The RECIPIENT shall follow and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-aid, Federal-aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The RECIPIENT may be suspended from receiving federal funds on future projects. b. For construction projects, the RECIPIENT shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. d. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make these materials available at all reasonable times for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the RECIPIENT if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the DEPARTMENT will notify the RECIPIENT of the record retention date. e. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 89 ITEM #:15 DATE:06-11-24 DEPT:PW SUBJECT:PRECONSTRUCTION AGREEMENT WITH IOWA DOT FOR GRADING, PAVING, AND BRIDGE REPLACEMENT OVER THE SOUTH SKUNK RIVER ON U.S. 30 FROM SOUTH DUFF AVENUE TO SOUTH DAYTON AVENUE COUNCIL ACTION FORM BACKGROUND: The Iowa DOT plans to design, let, and construct grading and new pavement improvements on U.S. 30 from South Duff Avenue to South Dayton Avenue in Ames. The project also includes a bridge replacement over the South Skunk River. This bridge widening was an important component of t he 2014 Flood Mitigation Study recommendations. Construction is planned to begin in early 2025 and continue through 2027. It is planned that through-traffic will be maintained on U.S. 30 during construction. Because the work will require coordination with the City, an agreement has been prepared to outline responsibilities. Requirements of the City in the agreement include: Allowing traffic control signage to be placed in City right-of-way. Cooperating to establish detour routes when necessary. A separate detour agreement would be negotiated if, or when, detours are necessary and the City would be eligible for compensation for the detour. Providing right-of-way for the project, without cost to the DOT, from any current City right-of- way and any other City-owned lands which are required for the project, subject to the condition that the DOT shall reimburse the City for the value of improvements situated on such lands. In addition, the City would be responsible for relocating any City-owned utilities necessary to facilitate construction. However, the project does not appear to impact any City-owned utilities, except electric. Electric Services staff is developing a relocation plan for the lighting along the South Duff Ave. ramps. There is a City shared use path in the project area, but review of the plans shows that the path should not have to be relocated. ALTERNATIVES: 1. Approve the Preconstruction Agreement with the Iowa DOT for grading, paving, and bridge replacement over the South Skunk River on U.S. 30 from South Duff Avenue to South Dayton Avenue in Ames. 2. Direct staff to request changes to the agreement. 90 CITY MANAGER'S RECOMMENDED ACTION: Approval of this agreement will allow the Iowa DOT to proceed with plans for needed improvements on US 30. The completion of the widening of the Highway 30 bridge over the Skunk River will further reduce the impact of flooding along S. Duff Avenue and S.E. 16th Street. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2023-1-111_Ames_final.pdf 91 January 2023 2023-1-111_Ames 1 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated "DOT," and the city of Ames, Iowa, a Local Public Agency, hereinafter designated "LPA," in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to U.S. 30 within Story County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1.Project Information a.The DOT shall design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Grading and new pavement on U.S. 30 from South Duff Avenue to South Dayton Avenue in Ames. The project includes a bridge replacement over the South Skunk River. 2.Project Costs a.The DOT shall bear all costs except those allocated to the LPA under other terms of this Agreement. 3.Traffic Control a.US 30 through-traffic shall be maintained during the construction. b.The DOT shall temporarily close the highway project area by formal action in accordance with Iowa Code section 306.41. US 69 Ramps D and E and Dayton Ave Ramps A and B through-traffic shall be detoured off of the project. The LPA shall authorize the DOT to erect and maintain signs within its jurisdiction, consistent with Part 6 of the "Manual on Uniform Traffic Control Devices,” as necessary to direct traffic to and along said detour route during the construction period. The DOT shall also remove said signs when the detour is discontinued. Details shall be shown on the traffic control sheet(s) within the project plans. A separate detour agreement shall be negotiated and the LPA shall be eligible for compensation for the detour in accordance with the DOT Detour Policy. 4.Right of Way and Permits a.Subject to the provisions hereof, the LPA, in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2), shall remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing primary highway right of way. The LPA shall also 92 January 2023 2023-1-111_Ames 2 prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. b.The DOT shall be responsible for the coordination of utility facility adjustments for the primary road project. c.The LPA agrees to relocate all city-owned utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. d.With the exception of service connections, no new or future utility occupancy of project right of way nor any future relocations of or alterations to existing utilities within said right of way shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. e. The LPA shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other LPA-owned lands which are required for the project, subject to the condition that the DOT shall reimburse the LPA for the value of LPA-owned improvements situated on such other LPA-owned lands. The LPA has apprised itself of the value of these lands, and as a condition of their participation in the project, the LPA voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. 5.Construction & Maintenance a.Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval and consent of the DOT. b.Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. c.Structures built by the DOT over or under a primary road shall be maintained by the DOT, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road system, the cleaning and removal of snow, debris and foreign objects from local road traffic lanes, sidewalks or walkways within the project limits (if any) including pedestrian overpasses or underpasses shall be the responsibility of the LPA. 6.General Provisions a.If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the modification, amendment or revision to the DOT within 14 calendar days of the LPA’s receipt of a subsequent FIS or modification. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall provide notice of the FIS to the DOT within 14 calendar days. The LPA agrees to defend, indemnify and hold the DOT harmless from any and all claims, costs, and damages arising from or related to the LPA’s failure to timely provide an FIS or and FIS modification to the DOT in accordance with this provision. 93 January 2023 2023-1-111_Ames 3 b. The LPA shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Title VI of the Civil Rights Act of 1964 and Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. c.It is the intent of both (all) parties that no third-party beneficiaries be created by this Agreement. d.If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e.This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. 94 January 2023 2023-1-111_Ames 4 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2023-1-111 as of the date shown opposite its signature below. CITY OF AMES: [use if agreement is with a city] By: Date , 20___. Title: Mayor I, , certify that I am the Clerk of the City, and that , who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of , 20___. Signed: _____________________________ City Clerk of Ames, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20___. Tony J. Gustafson, P.E. District Engineer District 1 95 skoontz12:03:20 pw:\\projectwise.dot.int.lan:PWMain\Documents\Projects\8503002019\Bridge\(271)_Bridge-Unspecified\WHKS\Roadway\Sheet Files\SHT_85030271_A01.dgn DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY 16-Sep-22 ENGLISHFILE NO. AV E NO RTHWESTERN GRAN D WOOD DR SQUAW CREEKDR STON E- HA V EN DR MAIN GABLE LN GRAY AV E GRAY AV E ST S K E L L O G G S 17TH ST S 16TH ST S H I G H A V E SE 16TH ST CHESTNUT ST BU C K E Y E A V E AIRPORT RD DR SUNSET E GREELY 4TH ST LINCOLN WAY DR LEE FRILEY RD BE A C H ST HUGH ES AGG GA S K I L L D R GREENBRIAR CIR AV E CIR STENEN WPKY AIRPORT RD S D U F F A V E CIR CRYSTAL ST ST CI R TU R Q U O I S E ONYX CIR JEWEL DR PL EM E R A L D D R DR RD DR CIR DIAMOND DR SE 16TH ST 5TH ST FR E E L D R CA R N E G I E A V E LINCOLN WAY AVE EDISON ST FORD ST BELL AV E S D U F F SE 5TH ST S W ALNU T AVE WA S H I N G T O N AV E 3RD ST ST4TH ST2NDS AV E SU M N E R AV E AV E HIGH SE 2ND ST KINGSBURY AV E CH E R R Y AV E 2ND ST 3RD STS R I V E R S I D E D R S M APLE AV E S 4TH ST RU S S E L L N AV E 4TH ST N STN AV E HA Z E L N AV E 2ND ST N OA K AV E EL M PULLMAN ST SONDROL VE 6TH ST ST GILCHRIST ST CENTE R AVE 3RD ST EAST AV E AV E 2ND ST PEARLE ALLAN DR 10 11 12 7 18 13 14 15 Ames Municipal Airport AIRPORT DR CO M M E R C E S T CLUB CONEFLOWER ASHMORE SH E R M A N A V E APPLE PL OAKWOOD RD SE CIR DR S K E L L O G G A V E S S H E R M A N A V E N M A P L E N RIVERSIDE DR VISIONAIRE PL JEWELL CIR E 3RD ST U P R R DR OPAL CIR CI R SA P P H I R E MARKET ST (AMES CORPORATE LIMITS) S D A Y T O N A V E DR S R I V E R S I D E D R SE 18TH ST AV E ALE XA N D ER GRAHAM ST WH I T N E Y A BILLY SUNDAY RD KITTY HAWK DR GARDEN OP A L D R PATRICIA GA RNET MEADOW CRYSTAL ST RUBY CT ONYX ST S RIVERSIDE DR BURR OAK EM CT CT ASHMORE BE A C H S 4TH ST BLVD KID AV E PEACH LN AV E BO RNE AVE DES MO INES AV E ST5TH (A M E S C O R P O R A T E L I M I T S ) E S S SE S S S SE 5TH ST CT N S AV E MC CARTHY RD ST ST N 245TH ST 566TH AV E S DA Y TO N AVE AVE S HA ZE L S RUSSEL L S M A P L E S O A K AVE AVE AV E UN I V E R S I T Y B L V D UN IVERSITY BLVD SOUTHERN HILLS RD DR SOU THD A LE S DA YTO N AV E E 6TH ST E 5TH ST 3RD S B E L L A V E S BELL AV E WAKEFIELD CIR HYATT CIR S D A Y T O N P L AI R P O R T C T ASPEN RIDGE RD E MAIN ST WILLOWBROO K HA RCOU RT DIAMON D TOPAZ FRONTAG E RD OP LO LOOP IRONWOOD CT ISAAC NEWTON GRAEBER PEARSON AVE ASHMORE GRASSAN CTINDI RIDG EWOO D AV E CESSNA STCOUN TRY AVE AS P E N DR LD E N GO GR A N D A V E Ioway Creek Skunk R iver W orrell CreekUNIVERSITY BLVD S 16TH UN IVERSITY BLVD AU R O R A A V E COLLA ATION PL PLAZA LOOP RD COTTONWOOD GR E E N H I L L S D R BOR S 5TH ST FRONTAGE RD S 5TH ST STA. 1258+50 BEGIN PROJECT STA. 1333+50 END PROJECT Sku n k River NOT TO SCALE INTERSTATE 35 30 WHKS & CO.STORY BRFN-030-5(271)--38-85 A.2 EXHIBIT A - LOCATION MAP 2023-1-111_Ames 96 ITEM #:16 DATE:06-11-24 DEPT:W&PC SUBJECT:PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS AND NOTICE TO BIDDERS FOR 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 February 24, 2021, staff executed a Memorandum of Understanding (MOU) with the Iowa Department of Natural Resources to allow these off-site nutrient reductions to be banked with the Iowa Nutrient Reduction Exchange. Over the past several years, staff has been developing a partnership with multiple entities to bundle together several Edge-of-Field (EOF) practices that can be bid as a single bid package. This year's project will construct EOF practices in Story County, consisting of five saturated buffers and ten bioreactors that will intercept and treat 18 agricultural tile outlets. These practices allow for the natural removal of nitrogen from subsurface drainage before it enters a stream or other surface waters. Additional information about these practices are shown in the attachment. In addition to the nutrient reduction benefits provided by these practices, they also provide a small measure of mitigation against both droughts and floods by holding water on the landscape longer. On March 28, 2023 and August 8, 2023, City Council approved two separate agreements that outlined the funding arrangements and project management duties for the EOF project. The City of Ames is acting as the fiscal agent for the project and the Iowa Department of Agricultural and Land Stewardship (IDALS) and Story County/Story County Conservation are acting as funding agents for the project. The funding for this project consists of 75% from IDALS and a 25% local match that is split equally between the City and Story County. The City’s share of the project cost will come from the $200,000 budgeted annually in the Watershed Based Nutrient Reduction capital improvements project. The final design is complete, and all landowners included with the project have completed the necessary paperwork. Staff is ready to issue a Notice to Bidders for the EOF project. The engineer’s estimate of probable construction costs is $257,711. The estimated cost for the City’s share is $32,215. 97 ALTERNATIVES: 1. Approve the preliminary plans and specifications and issue a Notice to Bidders for the FY 2022/23 Story County Edge of Field Project, and establish July 10, 2024, as the bid due date and July 23, 2024, as the date of public hearing and award. 2. Do not approve the plans and specifications and a Notice to Bidders thereby delaying the completion of this project. CITY MANAGER'S RECOMMENDED ACTION: The Ames Water Pollution Control Facility will be converted to a nutrient removal treatment technology over a period of 20 years. To mitigate future investment beyond what is already planned for, watershed-based projects can be performed, and the resulting nutrient reduction credits can be banked. Following project completion, the City will register each of these practices and receive annual nutrient reduction credit for the lifespan of each practice. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): About Saturated Buffers and Nitrifying Bioreactors.pdf 98 About Saturated Buffers and Nitrifying Bioreactors Saturated Buffers A saturated buffer is an area of perennial vegetation between agricultural fields and waterways where tile outlets drain. Tile lines connect to a control structure, which distributes water laterally along the buffer. As water drains into the buffer, the living roots of perennial vegetation absorb water and nutrients, like nitrogen. According to the Iowa Nutrient Reduction Strategy, a saturated buffer has the potential to remove 50% of nitrogen from water that is diverted through the buffer. Bioreactors A bioreactor is a buried trench on the edge of a farm field that is traditionally filled with woodchips. Drainage tiles outlet into the woodchips where bacteria convert nitrogen in tile water into nitrogen gas. According to the Iowa Nutrient Reduction Strategy, a bioreactor, on average, removes 43% of nitrogen from water diverted through it. 99 ITEM #:17 DATE:06-11-24 DEPT:ELEC SUBJECT:NON-ASBESTOS INSULATION AND RELATED SERVICES AND SUPPLY CONTRACT COUNCIL ACTION FORM BACKGROUND: This contract involves the removal, repair, and reinstallation of non-asbestos insulation at the Power Plant. It also includes 1) installation of new insulation systems on pipes, ducts, equipment, vessels, boilers, and accessories throughout the Power Plant; 2) repair and replacement of lagging systems; repair and replacement of jacketing systems; and installation of new jacketing systems; and 3) fire- stopping insulation and sound attenuation insulation. On March 25, 2024, an Invitation to Bid was posted to AmesBids. On April 19, 2024, three bids were received as shown on the attached bid report. Electric 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 costs using a typical insulation project scenario and applying the hourly rates and unit prices bid. Staff determined that the apparent low bid from HTH Companies Inc., of Union, MO, is acceptable. (See Attachment) The contract rates in the renewal period are increased by 2% over the current period pricing for both Labor and Travel & Subsistence. The FY 2023/24 rates are shown on Attachment 1. The benefits of having a contract for these services in place include the following: Consistency of work and quality from a single contractor. Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. The approved FY 2024/25 Power Plant operating budget includes $120,000 for this contract. Invoices will be based on contract rates for time and materials for services actually received. ALTERNATIVES: 1. Approve the contract with HTH Companies, Inc., of Union, MO, for the Non-Asbestos Insulation 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 $120,000. 2. Award the contract to one of the other two bidders. 3. Reject the bid and instruct staff to seek new competitive bids. 100 CITY MANAGER'S RECOMMENDED ACTION: This contract is needed to carry out emergency and routine non-asbestos insulation 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): Non-Asbestos Insulation CAF pricing.xlsx 101 Line #Description QTY UOM Unit Extended Unit Extended Unit Extended 1 LABOR RATESIf necessary, attach additional sheet to list other classifications along with rates that are offered to meet City of Ames requirements under the Response Attachments tab.*Labor rates are subject to six-percent State of Iowa Sales Tax plus one-percent local tax. Bid amounts should be exclusive of these taxes. If successful bidder is licensed to collect and remit Iowa Sales Taxes, these taxes should be added to invoices. If successful bidder is not licensed to collect and remit Iowa Sales Taxes, the City will pay applicable Iowa Sales Taxes directly to the State of Iowa. Travel and subsistence costs are exempt from Iowa Sales Taxes. The Contractor is responsible to pay applicable taxes on any materials that become a part of the Work and said taxes paid by the Contractor should be included in material cost. *City of Ames makes no guarantee as to any minimum or maximum quantities.*Add notes to any line item to explain changes to unit cost.1 EA 2 Supervisor Hourly Rate - STRAIGHT TIME 1 HR $46.50 $46.50 $90.00 $90.00 $68.00 $68.00 3 Supervisor Hourly Rate - OVERTIME 1 HR $67.00 $67.00 $135.00 $135.00 $102.00 $102.00 4 Supervisor Hourly Rate - DOUBLE TIME 1 HR $67.00 $67.00 $180.00 $180.00 $176.00 $176.00 5 Apprentice Hourly Rate - STRAIGHT TIME 1 HR $34.75 $34.75 $70.00 $70.00 $60.00 $60.00 6 Apprentice Hourly Rate - OVERTIME 1 HR $49.00 $49.00 $105.00 $105.00 $90.00 $90.00 7 Apprentice Hourly Rate - DOUBLE TIME 1 HR $49.00 $49.00 $140.00 $140.00 $120.00 $120.00 8 Foreman Hourly Rate - STRAIGHT TIME 1 HR $46.50 $46.50 No Bid $68.00 $68.00 9 Foreman Hourly Rate - OVERTIME 1 HR $67.00 $67.00 No Bid $102.00 $102.00 10 Foreman Hourly Rate -DOUBLE TIME 1 HR $67.00 $67.00 No Bid $176.00 $176.00 11 Journeyman Hourly Rate - STRAIGHT TIME 1 HR $41.25 $41.25 $80.00 $80.00 $68.00 $68.00 12 Journeyman Hourly Rate - OVERTIME 1 HR $59.50 $59.50 $120.00 $120.00 $102.00 $102.00 13 Journeyman Hourly Rate - DOUBLE TIME 1 HR $59.50 $59.50 $160.00 $160.00 $176.00 $176.00 14 Technician Hourly Rate - STRAIGHT TIME 1 HR $34.75 $34.75 No Bid No Bid 15 Technician Hourly Rate - OVERTIME 1 HR $49.00 $49.00 No Bid No Bid 16 Technician Hourly Rate - DOUBLE TIME 1 HR $49.00 $49.00 No Bid No Bid 17 Subsistence 1 DAY $90.00 $90.00 No Bid No Bid 18 Travel 1 EA hourly rate $0.00 No Bid No Bid 19 Mileage 1 EA $0.00 $0.00 No Bid No Bid 20 Material Costs:Cost Plus _____%1 EA 7.0%30.0%30.0% 21 Contract Renewal PeriodInclude any proposed price increases for renewal periods, if applicable.1 EA 22 Labor Rates 1 EA 2.0%5.0%2.0% 23 Travel & Subsistence 1 EA 2.0%No Bid No Bid hth companies, inc.Iowa Insulation Inc Total Insulation Mechanical, Inc 2024-134 Addendum 1 - Page 1102 ITEM #:18 DATE:06-11-24 DEPT:ELEC SUBJECT:POWER PLANT MAINTENANCE SERVICES CONTRACT - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: The Electric Utility has two gas-fired, high-pressure steam generation units within the City’s Power Plant, referred to as Units No. 7 and 8. These units require regular professional maintenance and repair. This work consists of both emergency and planned repairs and service. Services include 1) boiler maintenance and repairs, 2) structural steel, 3) pump and piping work, and 4) other miscellaneous mechanical Power Plant work. The repair of the equipment on these generation units requires professional trade crafts such as laborers, millwrights, and steam/pipe fitters. On March 14, 2023, City Council awarded the Power Plant Maintenance Services Contract to Waldinger Corporation, of Des Moines, IA. This contract included the option for the City to renew in one-year increments for up to four additional years. This is the second renewal out of four possible renewal periods. Council should note the rates that will be charged by Waldinger Corporation will increase 4% compared to the current year, as indicated on the bid document. Staff recommends that these services continue to be outsourced on an annual renewable contract basis. 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. Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. The approved FY 2024/25 Power Plant operating budget includes $165,000 for this service. Invoices will be based on contract rates for time and materials for services actually performed. ALTERNATIVES: 1. Approve the contract renewal and bond with Waldinger Corporation, of Des Moines, IA, for the Power Plant Maintenance Services Contract for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $165,000. 2. Reject the renewal option and instruct staff to seek new competitive bids. 103 CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to ensure that a qualified professional firm will respond to both scheduled and emergency needs for Power Plant maintenance. The renewal contract will control costs by having established billing rates. Funds will be expended only as work is required and in accordance with approved invoices. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ATTACHMENT(S): Waldinger 24-25 Rates.xlsx 104 LABOR:Hourly Rate (ST) Hourly Rate (OT)Hourly Rate (DT)Hourly Rate (ST)Hourly Rate (OT)Hourly Rate (DT) Day Journeyman Foreman General Foreman Superintendent Night Journeyman Foreman General Foreman Superintendent Hourly Rate (ST) Hourly Rate (OT)Hourly Rate (DT)Hourly Rate (ST)Hourly Rate (OT)Hourly Rate (DT) Day Journeyman Foreman General Foreman Superintendent Night Journeyman Foreman General Foreman Superintendent Hourly Rate (ST) Hourly Rate (OT)Hourly Rate (DT)Hourly Rate (ST)Hourly Rate (OT)Hourly Rate (DT) Day Journeyman Foreman General Foreman Superintendent Night Journeyman Foreman General Foreman Superintendent Hourly Rate (ST) Hourly Rate (OT)Hourly Rate (DT)Hourly Rate (ST)Hourly Rate (OT)Hourly Rate (DT) Day Journeyman Foreman General Foreman Superintendent Night Journeyman Foreman General Foreman Superintendent Hourly Rate (ST) Hourly Rate (OT)Hourly Rate (DT)Hourly Rate (ST)Hourly Rate (OT)Hourly Rate (DT) Day Journeyman Foreman General Foreman Superintendent Night Journeyman Foreman General Foreman Superintendent Rate Rate Subsistence: Travel & Mileage $ _______________ per ____________$ _______________ per ____________ $ _______________ per ____________ Supervisor travel Supervisor mileage $ _______________ per ____________ 2018-168 Power Plant Maintenance Services Contract Bid Summary $ _______________ per day $ _______________ per day $ _______________ per day $ _______________ per dayCraft Craft travel Craft mileage $ _______________ per ____________$ _______________ per ____________Mileage $ _______________ per ____________Travel Deliveries $ _______________ per ____________ BOILERMAKER Supervisors BRICKLAYER LABORER MILLWRIGHT STEAMFITTER Description 105 Equipment & Tools Miscellaneous materials & consumables Travel & Subsistence Description Safety supplies & equipment Proposed Price Increase for Renewal Periods Cost + ____________%Cost + ____________% __________% per ______________________% per ____________ __________% per ______________________% per ____________ Cost + ____________%Cost + ____________% MISC. Rate Rate 106 LABOR: Standard Rate Overtime Rate Double Time Rate Standard Rate Overtime Rate Double Time Rate Day Journeyman $91.88 $121.40 $151.23 $95.56 $126.26 $157.28 Foreman $108.61 $140.48 $172.69 $112.95 $146.10 $179.60 General Foreman $113.47 $146.83 $180.52 $118.01 $152.70 $187.74 Superintendent $122.35 $158.67 $195.37 $127.24 $165.02 $203.19 Night Journeyman $96.87 $126.69 $156.52 $100.74 $131.76 $162.78 Foreman $114.00 $146.19 $178.40 $118.56 $152.04 $185.54 General Foreman $119.09 $152.80 $186.49 $123.85 $158.91 $193.95 Superintendent $128.48 $165.17 $201.88 $133.62 $171.78 $209.96 Standard Rate Overtime Rate Double Time Rate Standard Rate Overtime Rate Double Time Rate Day Journeyman $91.13 $120.05 $151.09 $94.78 $124.85 $157.13 Foreman $106.23 $135.12 $172.56 $110.48 $140.52 $179.46 General Foreman $111.44 $140.33 $180.39 $115.90 $145.94 $187.61 Superintendent $118.20 $150.05 $195.24 $122.93 $156.05 $203.05 Night Journeyman $95.96 $125.12 $155.20 $99.80 $130.12 $161.41 Foreman $111.32 $140.48 $177.92 $115.77 $146.10 $185.04 General Foreman $116.81 $145.97 $186.03 $121.48 $151.81 $193.47 Superintendent $124.05 $156.21 $201.40 $129.01 $162.46 $209.46 Standard Rate Overtime Rate Double Time Rate Standard Rate Overtime Rate Double Time Rate Day Journeyman $91.88 $121.40 $151.23 $95.56 $126.26 $157.28 Foreman $108.61 $140.48 $172.69 $112.95 $146.10 $179.60 General Foreman $113.47 $146.83 $180.52 $118.01 $152.70 $187.74 Superintendent $122.35 $158.67 $195.37 $127.24 $165.02 $203.19 Night Journeyman $96.87 $126.69 $156.52 $100.74 $131.76 $162.78 Foreman $114.00 $146.19 $178.40 $118.56 $152.04 $185.54 General Foreman $119.09 $152.80 $186.49 $123.85 $158.91 $193.95 Superintendent $128.48 $165.17 $201.88 $133.62 $171.78 $209.96 Standard Rate Overtime Rate Double Time Rate Standard Rate Overtime Rate Double Time Rate Day Journeyman $91.88 $121.40 $151.23 $95.56 $126.26 $157.28 Foreman $108.61 $140.48 $172.69 $112.95 $146.10 $179.60 General Foreman $113.47 $146.83 $180.52 $118.01 $152.70 $187.74 Superintendent $122.35 $158.67 $195.37 $127.24 $165.02 $203.19 Night Journeyman $96.87 $126.69 $156.52 $100.74 $131.76 $162.78 Foreman $114.00 $146.19 $178.40 $118.56 $152.04 $185.54 LABORER NOTE: MILLWRIGHT STEAMFITTER NOTE: PIPEFITTER NOTE: FY23-24 FY24-25 The Waldinger Corporation Des Moines, IA The Waldinger Corporation Des Moines, IA 107 General Foreman $119.09 $152.80 $186.49 $123.85 $158.91 $193.95 Superintendent $128.48 $165.17 $201.88 $133.62 $171.78 $209.96 MISC. 4% Travel & Mileage NOTE: Craft mileage Deliveries $0.00/day $0.00/day Rate Travel Craft travel Supervisor mileage Travel & Subsistence Description 4% $0.00 $79.76/hour $1.64/mile COST + 15% Craft Description Equipment & Tools Mileage Safety supplies & equipment TRAVEL & SUBSISTENCE Supervisors Subsistence: 4% $.64/mile $.64/mile $0.00 Rate COST + 15% Supervisor travel Miscellaneous materials & consumables Labor Renewal Rate $0.00/day $0.00/day $.67/mile $.67/mile $0.00 $0.00 $82.95/hour 4% 4% 4% $1.71/mile Rate COST + 15% COST + 15% 108 109 ITEM #:19 DATE:06-11-24 DEPT:ELEC SUBJECT:PROFESSIONAL SERVICES FOR POWER PLANT FIRE RISK MITIGATION CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: Fire risk mitigation is important to the operation of power plants to ensure employee safety and to protect equipment. The fire protection standards of today are more rigorous than the requirements when the Power Plant was originally built. The City’s insurance carrier has made some loss prevention recommendations for the Power Plant. To address fire risks and possible equipment loss events, staff has held a contract with a consulting engineering firm to provide fire protection engineering, contract administration, and possible field installation oversight for the Power Plant. The Capital Improvements Plan includes planned fire protection improvements to various systems within the Power Plant. Two projects planned for FY 2024/25 are: 1) consolidating separate fire alarm systems into one system that notifies the plant operator and 2) evaluating replacing the diesel fire pump. This contract will allow the Power Plant to continue working with the Engineer/Designer 1) for various fire risk mitigation studies, 2) for the preparation of specific fire systems design and specifications, and 3) for fire system installation management, inspection, and testing. Staff will utilize this contract to prioritize our plans with the insurance company to achieve the most value and protection for the dollar. Council should note that the selected engineering firm will not be allowed to contract for any part of the actual fire protection system installation. On June 14, 2022, City Council awarded a contract to Burns & McDonnell, Kansas City, MO, with an option to renew each year for up to five years. This contract will be for the period of July 1, 2024 through June 30, 2025, which is the second of four possible renewal periods. It should be noted there was no increase to staff rates for the FY24-25 contract period. The approved FY 2024/25 Capital Improvement Plan includes $50 ,000 for these services. ALTERNATIVES: 1. Approve the contract renewal and bond with Burns & McDonnell, of Kansas City, Mo, for the Professional Services for Power Plant Fire Risk Mitigation Contract for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $50,000 2. Reject the renewal option and instruct staff to seek new competitive bids. 110 CITY MANAGER'S RECOMMENDED ACTION: This work is necessary for fire risk mitigation (fire detection, alarm, & suppression) to protect personnel and critical plant equipment within the Power Plant. It is cost-effective for the Power Plant to have a company under contract to provide these services because of their specialized knowledge of current National Fire Protection Association (NFPA) code requirements and of mitigation equipment currently utilized in this industry. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 111 ITEM #:20 DATE:06-11-24 DEPT:W&PC SUBJECT:WATER METERS AND RELATED ACCESSORIES SUPPLY CONTRACT COUNCIL ACTION FORM BACKGROUND: On February 10, 2015, a contract was awarded to Itron, Inc. (Liberty Lake, WA) for the procurement of an Automatic Meter Reading (AMR) System which included both the Encoder/Receiver/Transmitters (or ERTs – the radio transmission component) and the actual water meter bodies, which are procured by Itron through Itron’s separate agreement with Badger Meter. That contract included up to four annual renewals, all of which were exercised by the City. The original contract expired on June 30, 2020. At that time, Council waived the competitive bidding requirements and awarded a one-year contract extension to Itron for FY 2020/21, based on negotiated pricing that included between a 1.0% to 1.5% increase (varying by meter size and type) from the prior year. Following the one-year contract extension, Council approved an additional three-year contract extension based on negotiated pricing that included a net increase of 3-4% in FY 2021/22 and a 1.5-2% net increase in FY 2022/23 and FY 2023/24. That contract is set to expire on June 30, 2024. Since 2015, the City has standardized on radio ERTs manufactured by Itron, Inc. and water meters manufactured by Badger Meter of Milwaukee, WI. Itron has notified the City that they will no longer be procuring AMR meters from Badger Meter for sale to the City. They have also notified staff that Van Wert Company of Grundy Center, IA is now the only authorized distributor for all Itron water, electric, and gas products for Iowa customers, including radio ERTs. As of July 1, 2024, the City will no longer be able to purchase water meters, meter reading devices, or related parts and services from Itron, Inc. In order to continue purchasing inventory of these products, staff recommends entering into contracts with Van Wert Company and Badger Meter for a period of one year as staff determines the impact of the AMI meter replacement program on future AMR meter and radio ERT purchases. Staff has obtained the following pricing commitments for the period of July 1, 2024 through June 30, 2025: Van Wert Company has agreed to pricing for radio ERTs and related accessories as a single source distributor of Itron products. Radio ERT costs represent a 3% increase over the City's previous contract with Itron, Inc. Badger Meter has agreed to pricing for AMR water meters and related parts and services as a sole source manufacturer and distributor. AMR meter and accessory costs represent a 5.5% increase over the previous contract with Itron, Inc. 112 Based on anticipated quantities to be purchased during the upcoming fiscal year, the estimated totals for FY 2024/25 are as follows. Estimated Expense Authorized Funding Meters (Badger Meter)$313,574.67 ERTs (Van Wert)92,937.50 Operating Budget Routine Meter Changes $326,400.00 New Construction 40,800.00 CIP - AMI Project 99,000.00 Totals $406,512.17 $466,200.00 ALTERNATIVES: 1. Approve the following: a. Waive the competitive bidding requirements for procuring AMR water meters and radio ERTs. b. Approve the negotiated single source (i.e. - the "only practical source") contract with Van Wert Company of Grundy Center, IA to purchase radio Encoder/Receiver/Transmitters (ERTs) for the period of July 1, 2024 through June 30, 2025 in an amount not to exceed $92,937.50. c. Approve the negotiated sole source (i.e. - the "only available source") contract with Badger Meter of Milwaukee, WI to purchase Automatic Meter Reading (AMR) water meters and related parts and services for the period of July 1, 2024 through June 30, 2025 in an amount not to exceed $313,574.00. 2. Do not approve the contracts with Van Wert Company and Badger Meter and direct staff to solicit pricing from additional meter manufacturers. CITY MANAGER'S RECOMMENDED ACTION: The City has undertaken a multi-year project to install a standardized AMR system utilizing water meter reading equipment and meters provided by Itron. Itron is no longer willing to make direct factory sales to the City and has only one authorized dealer, Van Wert Company, that serves Ames. The same brand of water meters that were previously purchased through Itron can be procured directly from the manufacturer, Badger Meter. Staff has negotiated agreeable terms with both firms in compliance with the City's adopted Purchasing Policies and Procedures. Choosing not to purchase this equipment would negatively impact the water meter replacement program, the installation of meters for new construction, and the meter reading functions of the utility due to equipment incompatibilities and the inefficiencies associated with maintaining a spare parts inventory for multiple manufacturers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 113 ITEM #:21 DATE:06-11-24 DEPT:FIN SUBJECT:REQUEST TO WAIVE FORMAL BIDDING REQUIREMENTS AND AUTHORIZE THE PURCHASE OF SOFTWARE MAINTENANCE FROM SUPERION, LLC (MAPS) COUNCIL ACTION FORM BACKGROUND: On June 14, 2005, the City entered into a 28E Agreement to support a joint computer network for public safety. The Multi-Agency Public Safety Group (MAPSG) is a public safety collaboration that includes Story County Sheriff ’s Office, Iowa State University Department of Public Safety, and Ames Police as the principal collaborators. As part of the agreement, each entity is allocated a share of costs and responsibilities. The City is responsible for 27% of the costs and for arranging the payment of software maintenance. In order to comply with the terms of the agreement, the City has historically purchased ONESolution software, a software product of Superion, LLC, a CentralSquare Company (Central Square). Central Square is the shared public safety software vendor for the Public Safety Computer Aided Dispatch, Police Records, Phase II Mapping, MCIC/State Interface, and reporting applications. The City contracts with the vendor on an annual basis for maintenance services. Central Square, LLC is the sole provider of maintenance for these software applications. This yearly maintenance includes 24-hour programming support, software upgrades on all applications throughout the year, and eligibility to participate in the Central Square Users' Group annual meeting, where software enhancements are requested and formalized for the next year. The representatives of each Agency responsible for the coordination of MAPSG continue to believe this software continues to be the best solution to meet the needs of the group. In anticipation of the annual renewal, $238,449 was included and approved by the City Council as part of the FY 2024/25 budget process. This estimate was a 5% increase over the previous renewal from ONESolution software. The proposed agreement includes an annual contract amount of $238,901.69, or roughly $453 over the budgeted allotment. The City of Ames’ share of these expenses is approximately $65,100.36, roughly 27.2%. The MAPGS partners believe the contracted amount represents a reasonable cost escalation and continue to believe this solution is best suited to meet the needs of the partnership and avoid significant disruptions in service. ALTERNATIVES: 1. Waive formal bidding requirements and authorize City staff to enter into FY 2024/2025 software maintenance contracts with Superion, LLC, a CentralSquare Company at an estimated cost of $238,901.69. 2. Do not authorize continuing a software maintenance contract with Superion LLC, a CentralSquareCompany and attempt to find another vendor for this type of software or discontinue the intergovernmental partnership. 114 CITY MANAGER'S RECOMMENDED ACTION: As part of the MAPSG agreement, the City is responsible for software maintenance and for approximately 27% of the total cost. The group has historically utilized Central Square as the shared public safety software vendor for the Public Safety Computer Aided Dispatch, Police Records, Phase II Mapping, MCIC/State Interface, and reporting applications and has been happy with the product and service provided. Because Central Square, LLC is the sole provider of the software, staff believes it is in the City’s best interest for the Council to waive the formal bidding requirement. Of the total renewal cost of $238,901.69, the City will be responsible for approximately 27% or $65,100.36. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 115 ITEM #:22 DATE:06-11-24 DEPT:FIN SUBJECT:REQUEST TO WAIVE FORMAL BIDDING REQUIREMENTS AND AUTHORIZE CITY STAFF TO ENTER INTO AN AGREEMENT WITH IOWA COMMUNICATIONS NETWORK FOR INTERNET SERVICES COUNCIL ACTION FORM BACKGROUND: The City’s three-year agreement with Lumen Technologies to provide internet services to the City ended on June 1, 2024, and the City is currently receiving services outside of an agreement on a month- by-month basis. Knowing the City’s agreement with Lumen Technologies was coming to an end, the Iowa Communications Network (ICN) reached out to the City to discuss its product offerings. As background, ICN is a state agency providing internet services to education, government, health care, and public safety units in the State of Iowa. The ICN began in 1989 and has since grown to be the trusted internet provider to Iowa public-sector entities. City staff and ICN met several times and have developed a five-year proposal for a 2Gb/s primary connection at City Hall, a 2Gb/s backup connection at Ames Public Library, and Distributed Denial of Service (DDoS) protection for both connections. This proposal meets the City's needs for geographic redundancy, fail-over, and network security services. Additionally, the proposal provides 29 public usable IP addresses, which exceeds the City’s current requirements. In addition to the cost savings associated with the transition to ICN, the staff is of the opinion that DDoS is a new security protection that will provide a significant security enhancement. This protection prevents outside entities from disrupting the city network with extraneous traffic and preventing authentic City communications from reaching the internet. The proposal from ICN includes an installation charge of $3,739.24 and an ongoing monthly charge of $2,343.00. The proposed contract amount is slightly less than the monthly $2,400 in the City’s current contract and significantly less than Lumen Technology's quoted price. It should be noted that the agreement includes a thirty-day termination clause with a penalty should the City choose to end the agreement before the end of the term. Therefore, the agreement does not require an annual appropriation clause. The ICN proposal amounts to an annual cost of $31,855.24 for the first year and $28,116 for each of the four subsequent years. This is roughly $13,901 less than the FY 2024/25 budget included for primary internet services. 116 ALTERNATIVES: 1. Authorize City staff to enter into a five-year contract with ICN to provide internet services to the Cityof Ames at a five-year cost of $144,319.24. 2. Do not authorize a five-year contract with ICN and attempt to find another vendor for internet services. CITY MANAGER'S RECOMMENDED ACTION: ICN is the trusted provider of the internet to public entities in the State of Iowa. The proposal meets all City IT bandwidth and redundancy requirements and includes the strong security improvement of DDoS protection at a lower cost than the current provider. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 117 ITEM #:23 DATE:06-11-24 DEPT:PW SUBJECT:EMERGENCY UTILITY REPAIR AND OTHER SERVICES COUNCIL ACTION FORM BACKGROUND: Repair of the City’s public utilities can require larger or more specialized equipment and additional labor than what is available from the responding City departments. Emergency events include water main breaks, storm sewer damage or collapse, sanitary sewer damage or collapse, and buried electric line failures. During these times, it is necessary to respond quickly to restore services and protect life and property. On March 26, 2024, City Council awarded a contract to Ames Trenching & Excavating, of Ames, IA, for the Emergency Utility Repair and Related Services Contract. This was a renewal of a multi-year contract to provide emergency services across various City departments. The anticipated City-wide total expenses under this contract for FY 2023/24 is $60,000. Recent repairs to a sanitary sewer line at the intersection of South Duff and South 16th Street and repairs to a storm sewer line along Sondrol Avenue have resulted in unanticipated work under this contract being necessary. In order to ensure sufficient funds remain available for other work that may arise throughout the remainder of FY 2023/24, Change Order No. 1 adds $26,000 to the contract for emergency repairs, bringing the total contract amount to $86,000. Because this change order is greater than 20% of the contract value, City Council approval is required. Funding is available in the amount of $13,000 from the sanitary sewer operating budget, $5,000 from the storm sewer operating budget, and $8,000 from the pavement restoration CIP budget to be utilized for the repairs. ALTERNATIVES: 1. Approve Change Order No. 1 in the amount of $26,000 to Ames Trenching & Excavating, of Ames, Iowa, for Emergency Utility Repair and Other Services Contract. 2. Do not add additional funds to this contract. CITY MANAGER'S RECOMMENDED ACTION: Emergency underground utility repairs are needed from time to time by City departments. The repair of the sanitary sewer has been completed and the storm sewer repair work is scheduled in the near future. These services are vital to restore utility services and protect life and property. This change order allows for the processing of vendor's work in accordance with City purchasing policies and procedures. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Sanitary and Storm Repair Location Map.pdf 118 S 16th Street Sanitary Repair Location Map: Sondrol Avenue Storm Sewer Repair Location Map: 119 ITEM #:24 DATE:06-11-24 DEPT:W&PC SUBJECT:FY 2022/23 STORY COUNTY EDGE OF FIELD PROJECT - PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER NUMBER 3 COUNCIL ACTION FORM BACKGROUND: On December 14, 2022, a contract was awarded to JEO Consulting Group (JEO) of Wahoo, Nebraska, in the amount of $41,200 for the preliminary and final design of bioreactors and saturated buffers to treat subsurface drainage from agricultural tile outlets for the Story County Edge-of-Field Project. Saturated buffers and bioreactors reduce the nitrogen discharge from subsurface field drainage before it enters a stream or other surface waters. These practices can be entered into the Iowa Nutrient Reduction Exchange and the nutrient reductions will be ‘banked’ for future use. On April 17, 2023, a Change Order #1 was executed in the amount of $6,300 to add final design of bioreactors and saturated buffers for three tile outlets that were not originally included in the Scope of Work. On September 12, 2023 a Change Order #2 in the amount of $4,000 was approved by Council. That Change Order covered costs associated with redesign requirements from the Natural Resources Conservation Service (NRCS). An additional Change Order in the amount of $25,000 now is needed to cover costs associated with construction staking, construction administration, and construction observation. The Iowa Department of Agriculture and Land Stewardship (IDALS) is providing funding for the project and has requested that the City utilize JEO to perform construction phase services for the bioreactors and saturated buffers that they designed in order to ensure that the practices are installed as intended. A summary of the contract history with JEO is as follows: Original Agreement $41,200 Change Order #1 $6,300 Change Order #2 $4,000 Change Order #3 (this action)$25,000 Adjusted Contract Price $76,500 This project is being funded from the Watershed-based Nutrient Reduction CIP, which is budgeted at $200,000 annually. Story County Conservation and the Iowa Department of Agriculture & Land Stewardship are reimbursing the City for costs related to this project. The cost-share for professional services is 1/3 each, meaning the net cost to the City for Change Order #3 will be $8,333. ALTERNATIVES: 1. Approve Change Order #3 in the amount of $25,000 to JEO Consulting Group of Wahoo, Nebraska to cover costs associated with construction staking, construction administration, and construction observation for the FY 2022/23 Story County Edge-of-Field Project. 120 2. Do not approve Change Order #3. Because IDALS is providing the majority of the funding for the project and because they have requested that construction phase services be provided by the original design firm to maintain the continuity of the design, not approving the change order could jeopardize the funding for the project. CITY MANAGER'S RECOMMENDED ACTION: Treatment of subsurface drainage from agricultural tile outlets with bioreactors and saturated buffers is an effective method for reducing nutrient loading to surface waters. The Water & Pollution Control Department can ‘bank’ these nutrient loading reductions in the Iowa Nutrient Reduction Exchange and will be able to apply any banked reductions to future nutrient reduction requirements in the Water Pollution Control Facility’s National Pollutant Discharge Elimination System permit. The Iowa Department of Agriculture and Land Stewardship (IDALS) is providing 1/3 of the cost for professional services and 3/4 of the cost of constructing the project. IDALS has requested that the City continue with the same design firm for the construction phase of the project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): PO #61345 - JEO Consulting - CO #3_half signed.pdf 121 CHANGE ORDER NO. 3 CONTRACT / BID NO: N/A PURCHASE ORDER NO: 61345 June 11, 2024 Project: Story County Edge of Field Design Contractor Name: JEO Consulting Group Inc Change Orders Approved to Date: Address: 1937 North Chestnut Street 1 $6,300 3 City, State, & Zip Code: Wahoo, NE 68066 2 $4,000 4 The contract is modified as follows upon execution of this Change Order. The changes included in this change order are made in order to carry out the original intent of the contract. The changes included in this change order are to be accomplished in accordance with the terms, stipulations, and conditions of the original contract as though included herein. DESCRIPTION COST Construction Staking $2,600.00 Construction Administration $4,000.00 Construction Observation $18,400.00 Contract Price: Original contract price: $41,200.00 Change orders approved to date: $10,300.00 Amount of this change order: $25,000.00 Adjusted contract price including this change order: $76,500.00 Accepted by City of Ames: Accepted by City of Ames: Accepted for JEO Consulting Group Inc.: ______________________ John Haila, Mayor City of Ames ______________________ Brian Phillips, Asst. City Manager City of Ames ______________________ Signature ______________________ Printed name & title ______________________ Date ______________________ Date ______________________ Date Jacob Miriovsky, Project Manager 6/7/2024 122 ITEM #:25 DATE:06-11-24 DEPT:PW SUBJECT:2023/24 TRAFFIC SIGNAL PROGRAM COUNCIL ACTION FORM BACKGROUND: The annual Traffic Signal Program provides for replacing older traffic signals and for constructing new traffic signals. This will result in improved visibility, reliability, and appearance of signals. This program also provides for maintenance needs as well as traffic signal system upgrades as technology advances. This project includes the traffic signal replacement at the intersection of S. Duff Avenue and Chestnut Street. On May 23, 2023, City Council awarded the project to Van Maanen Electric, Inc. of Newton, Iowa in the amount of $256,658.30. The construction of this project was coordinated with the Iowa DOT resurfacing project of US 69. It was determined during construction that new pavement markings would not be done with the traffic signal project, but rather installed with the IDOT resurfacing project this summer when all pavement markings in the South Duff corridor will be refreshed. Also, the vehicle detection system at this intersection was installed with Phase 1 of the Intelligent Transportation System . These changes resulted in deductions to the total contract amount. These deductions along with final field measured quantities led to a balancing change order in the deduct amount of ($63,584.50), bringing the final construction cost to $193,073.80. The revenues and expenses for this project are as follows: Revenues Expenses CIP Road Use Tax (RUT)$456,000 Administration $ 22,600.00 Design $ 23,100.00 Construction $193,073.80 Signal Cabinet $ 45,048.00 Signal Poles $ 67,569.00 Total $456,000 Total $351,390.80 ALTERNATIVES: 1. a. Approve the balancing change order for the 2023/24 Traffic Signal Program in the deduct amount of ($63,584.50). b. Accept the 2023/24 Traffic Signal Program project as completed by Van Maanen Electric, Inc. of Newton, Iowa in the amount of $193,073.80. 2. Direct staff to pursue modifications to the project. 123 CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Project Location Map.pdf Certification Letter 2023-24 Traffic Signal S Duff-Chestnut.pdf 124 N 1 inch = 6,612 feet Date: 4/18/2023 2023/24 Traffic Signal ProgramS. Duff Avenue & Chestnut Street Project Location 125 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org June 4, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2023/24 Traffic Signal Program (S Duff Avenue/ Chestnut Street) project was completed in an acceptable manner by Van Maanen Electric, Inc. of Newton, Iowa, in the amount of $193,073.80 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, John C. Joiner, P.E. Public Works Director JCJ/lbc cc: City Clerk, Finance, Contractor, Administrative Services, Project File 126 ITEM #:26 DATE:06-11-24 DEPT:PW SUBJECT:2025/26 TRAFFIC SIGNAL PROGRAM COUNCIL ACTION FORM BACKGROUND: The annual Traffic Signal Program provides for replacing older traffic signals and for constructing new traffic signals. This will result in improved visibility, reliability, and appearance of signals. This program also provides for maintenance needs as well as traffic signal system upgrades as technology advances. The signal replacement at the intersection of S Duff Ave / S 3rd St is programmed for FY 2025/26 in the Capital Improvement Plan (CIP). However, to coordinate with the Iowa DOT's resurfacing project on HWY 69, Road Use Tax savings available in FY 2023/24 were utilized to install the underground traffic signal work (footings and conduit) to avoid future disruption to the new road s u r f a c e . The construction of all above ground components (poles, cabinets, etc.) will remain programmed in the FY 2025/26 CIP. On May 23, 2023, City Council awarded the project to Van Maanen Electric, Inc. of Newton, Iowa in the amount of $108,692. No change orders were needed as final measured quantities match the original plan quantities. The revenues and expenses for this project are as follows: Revenues Expenses Road Use Tax Savings $152,000 Administration $ 19,400.00 Design $ 13,591.19 Construction $108,692.00 Total $152,000 Total $141,683.19 ALTERNATIVES: 1. Accept the 2025/26 Traffic Signal Program project (footings and conduit) as completed by Van Maanen Electric, Inc. of Newton, Iowa in the amount of $108,692.00. The remaining work on this signal program will occur in FY 2025/26. 2. Direct staff to pursue modifications to the project. CITY MANAGER'S RECOMMENDED ACTION: The project (footings and conduit) has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Project Location Map.pdf Certification Letter 2025-26 Traffic Signal Program S Duff-S 3rd.pdf 127 128 N 1 inch = 6,612 feet Date: 4/18/2023 2025/26 Traffic Signal ProgramS. Duff Avenue & S. 3rd Street Project Location 129 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org June 4, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2025/26 Traffic Signal Program (S Duff Avenue/ S 3rd Street) project was completed in an acceptable manner by Van Maanen Electric, Inc. of Newton, Iowa, in the amount of $108,692 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, John C. Joiner, P.E. Public Works Director JCJ/lbc cc: City Clerk, Finance, Contractor, Administrative Services, Project File 130 ITEM #:27 DATE:06-11-24 DEPT:ADMIN SUBJECT:FY2023-24 YEAR-END SUSTAINABILITY REPORT AND NEW TWO-MONTH CONTRACT COUNCIL ACTION FORM BACKGROUND: Since July 1, 2010, the City of Ames has entered annually into a contract to utilize the services of Iowa State University's full-time Director of Sustainability. The contract covers a maximum of 480 hours annually (or no more than 25 percent of the Director of Sustainability’s time). The Initial Scope of Services focused on the reduction of electric consumption. As additional opportunities and needs have been identified related to sustainability, the Scope of Services has expanded and diversified. NEW TWO-MONTH CONTRACT FOR SERVICES: One year ago, the City Council accepted the community’s first Climate Action Plan, which includes proposed actions to reduce greenhouse gases. To help implement the priority actions for carbon reduction, the City is in the process of hiring its own full-time Sustainability Coordinator. During the contract renewal last year, the Council was alerted to the City’s ability to terminate the contract if a Sustainability Coordinator was hired before June 30, 2024. Because it is now anticipated that the new position will be filled this summer, staff is recommending approval of a two-month contract to retain sustainability services from ISU from July 1, 2024 - Aug. 31, 2024 for a cost of $6,172. The scope of services includes two items: continue researching funding sources and implementing Climate Action Plan priorities and coordinating the annual community Rummage RAMPage sale. Even though our contractual relationship with ISU for sustainability services will end in August, it is hoped that the City's new Sustainability Coordinator will continue to collaborate with the ISU Director of Sustainability since the City's Climate Action Plan (CAP) is community-based and ISU remains a partner in carbon reduction. Each organization supporting a full-time position dedicated to carbon reduction will go a long way in helping to create a more sustainable future for residents. YEAR-REPORT: The information provided below represents the final report highlighting the FY2023-24 activities and accomplishments related to the Sustainability Advisory Services contract between the City of Ames and Iowa State University. It also includes highlights of the 14-year sustainability partnership. During FY 2023-24, in keeping with the Council’s direction, the Scope of Services targeted the following priority areas related to energy consumption reduction, as well as adding waste reduction and diversion: 1. Continue to assist with public education, outreach, speaking engagements, research on potential funding sources, and implementation of a City Council-approved Climate Action Plan. 2. Continue to represent the City at events that educate residents about ongoing City sustainability 131 efforts, rebates, and waste opportunities. 3. Coordinate Rummage RAMPage at the Ames Intermodal Facility in partnership with the Resource Recovery Plant, Public Relations, CyRide, and Iowa State University, to address concerns that usable housewares and furniture are being needlessly discarded and hard-to-process materials are being sent to the Resource Recovery Plant. 4. Continue to support and strengthen the Smart Business Challenge through outreach and recruitment of participants, oversight of Challenge interns, and marketing of outcomes and accomplishments of Challenge participants. PROGRESS REGARDING THE SCOPE OF SERVICES: 1. Continue to assist with public education, outreach, speaking engagements, research on potential funding sources, and implementation of the community Climate Action Plan. Collaborated with City staff to support components of the Climate Action Plan (CAP) including: Assisted with community engagement, outreach, and awareness-building opportunities. Presentations provided at events and for civic and community groups and radio have included Iowa State University (Colleges of Design, Agriculture and Life Sciences classes, WelcomeFest, Campus Sustainability Month Celebration, Sustainapalooza, and Earth Day Celebration), Ames Golden K Kiwanis, United Women in Faith, KASI 1430AM and KHOI 89.1FM radio programs (including Earth Day on the Airwaves broadcast), and CitySide and Live Green! Monthly newsletter publications. Coordinated with CAP core project team and technical assistance team members related to strategizing, planning, and researching opportunities toward implementing “next steps” related to the City Seven priority areas identified within the City of Ames Climate Action Plan. Increased wind and solar generation as part of electric services renewable energy portfolio Waste-to-Energy improvements/reducing waste emissions Net Zero and Net Zero-Ready new construction Retrofitting Existing Buildings Retrofit Municipal Buildings Electrify the Municipal Fleet (non-CyRide) Create a Mayor’s Climate Action Plan Leadership Task Force Participated in funding opportunities and strategizing discussions involving CAP core project team, internal staff, Iowa State University, and the Mid-Iowa Planning Alliance. Collaboration partners: Electric Services – Donald Kom and Joel Zook; City Manager ’s Office – Pa Vang Goldbeck, Susan Gwiasda; City staff serving on the CAP Technical Assistance Team; Wendy Kisch and Brandi Latterell – Iowa State University and MIPA staff and partners. 2. Continue to represent the City at events that educate residents about ongoing City sustainability efforts, rebates, and waste reduction opportunities. Participated in the Iowa State University WelcomeFest. Continued a monthly radio program on KHOI 89.1FM focused on community sustainability accomplishments, initiatives, and opportunities. 132 Continued to represent the City in sustainability update segments on KASI 1430AM. Continued sharing about City of Ames sustainability efforts as part of campus and community speaking engagements. Continued sharing about City of Ames and Ames community volunteer opportunities and sustainability events and updates via the Live Green! Monthly newsletter, Live Green! social media platforms and targeted emails. Engaged City of Ames department participation in Iowa State University environmental events. Public Works (Storm Water and Resource Recovery), City Manager ’s Office, and Electric Services tabled at the Campus Sustainability Month Celebration (October 23), Sustainapalooza (February 27), and Earth Day Celebration (April 22). Participated in the Ames Walk Bike Roll pedestrian and bicycle master planning process. Assisted in the development and facilitation of the six-hour “Earth Day on the Airwaves” event in collaboration with KHOI Community Radio on April 20, featuring live updates from the Ames Repair Café and City of Ames Annual Stream Cleanup, call-ins from City staff, and community voices sharing initiatives, activities, and stories related to celebrating Earth Day. Coordinated with City and University staff in the planning and implementation of Stash the Trash, April 20-21. Promoted and increased awareness and education related to the City of Ames FWD (Food Waste Diversion) program and recently established drop-off multi-commodity recycling program. Collaboration partners: Electric Services – Donald Kom and Joel Zook; Public Works – Bill Schmitt, Liz Calhoun, Mark Peebler, and Lorrie Hanson; and Public Relations Officer – Susan Gwiasda   3. Coordinate Rummage RAMPage at the Ames Intermodal Facility in partnership with the Resource Recovery Plant, Public Relations, CyRide, and Iowa State University, to address concerns that usable housewares and furniture are being needlessly discarded and hard-to- process materials are being sent to the Resource Recovery Plant. Completed six planning meetings for the 2024 Rummage RAMPage event. This year ’s event will be held from Friday, July 26 to Saturday, August 3. The 2024 event will require over 2,000 hours split up among nearly 600 different volunteer shifts to benefit community non-profit organizations. This includes overnight as well as day-time opportunities. Confirmed additional City department collaboration this year in support of Rummage RAMPage through designated “department days” – in which department representatives assume event leadership and oversight roles for a day. Departments signed on include Electric Services, Public Works/Resource Recovery, City Manager’s Office, and Water & Pollution Control. Completed an informational meeting for non-profit organizations on May 2. Implemented a new volunteer registration process and timeline this year – which included an extended sign-up over a three-day and limiting maximum volunteer shifts to five/day for Day 1 and 2 of signup. Currently fifty organizations have met the required ten hours of volunteer 133 commitment in order to be an official participating organization for this year ’s event and share in the event proceeds. Completed community presentations and awareness building related to event achievements as well as opportunities for involvement and collaboration, including venues of organization meetings Office of Sustainability Live Green! Monthly Newsletter, and Iowa State University’s Orientation Resource Fair. Additional event information, as well as additional instructions for what and how to donate, can be found on the Rummage RAMPage website. Partnering with ROAR (Rehoming Our Aquariums and Animals Responsibly) will take place again this year. Due to very busy schedules for our ROAR partners, assistance will be available on an as-needed basis throughout the event, rather than on-site. Collaboration partners: Iowa State University Parking Services, Iowa Department of Natural Resources (Wildlife Diversity Program and Iowa Waste Exchange Program), Story County Conservation, Iowa Wildlife Center, Resource Recovery Plant, Ames Police, Ames Electric Services, Ames Animal Shelter, Ames Parks & Recreation, Ames Water & Pollution Control, Ames Public Works, Public Relations Office, and community non-profit organizations and volunteers. 4. Continue to support and strengthen the Smart Business Challenge through outreach and recruitment of participants, oversight of Challenge interns, and marketing of outcomes and accomplishments of Challenge participants. Continued recruitment of additional businesses to the Smart Business Challenge and three-year recertification of current certified business members. Thirty-five businesses are currently participating in the Challenge (with a total of seven businesses choosing to not recertify and become inactive members during this past year). Current certifications in the Challenge include one bronze, eight silver, five gold, and fourteen platinum. Two new businesses joined the Challenge since mid-year, Clayton Farms and Photosynthesis – for a total of three new businesses joining the Challenge this past year. Completed one new certification, since mid-year (and for this past year), Jon Wilson Photography – certified at the silver level. Completed additional recertifications for businesses being certified for at least three years. Two businesses completed recertification since the mid-year report, Duck Worth Wearing and The Loft – recertified at the platinum level. In total, five businesses achieved recertification (all platinum) this past year. Hosted the annual Smart Business Challenge Recognition Event at Reiman Gardens. Seven businesses were recognized for achieving platinum certification and recertification status since last year ’s recognition event – Nelson Electric (certification), 3M, Barilla, Mary Greeley Medical Center, and Worldly Goods (second recertification), and McFarland Clinic and Morning Bell Coffee Roasters (third recertification). Completed a blog post (by this year ’s intern team), “Celebrating 10 Years of the City of Ames Smart Business Challenge” highlighting the events of the past year and “what’s to come in 2024- 2025”. Interns also joined one of the KHOI monthly sustainability programs to discuss and 134 highlight the Smart Business Challenge. Finalized and implemented an updated Smart Business Checklist with improvements and enhancements including: Revised scoring system to more effectively represent non-applicable sustainability performance areas in overall certification scoring, as well as additional opportunities to specifically highlight platinum performance, as well as commitment correlating with Climate Action Plan goals and priorities. Streamlined checklist response fields. Partnered with City of Ames Diversity, Equity, and Inclusion Coordinator, Cassandra Eames, to ensure representation of supporting a community culture of belonging within the revised Challenge checklist. HIGHLIGHTS OF THE 14-YEAR SUSTAINABILITY PARTNERSHIP: Establishment of the Smart Business Challenge Program. The impact of ten years of implementation including: Recruitment of fifty-three community businesses for sustainability commitment and performance and completion of thirty-six certifications – including two bronze, twelve silver, seven gold, fifteen platinum and seventeen participating. Recertification of fifteen community businesses for continued sustainability commitment and performance three years and beyond. Completion of four Smart Business Challenge Recognition Luncheon events. Supported annual professional development opportunities for two Iowa State University students through Smart Energy/Smart Business Challenge internships. Highlighting best sustainability practices of Challenge members through social media postings and blogs, videos, newsletter features, press releases and radio interviews. Increased awareness related to environmental, economic, and social sustainability opportunities and impacts, through operations, products, services, and philanthropy of the City of Ames business community. Establishment of annual Rummage RAMPage event. The impact of seven years of implementation including: Over 366 tons of non-beneficial RDF materials diverted from landfilling with a collective landfilling percentage of unsold items of less than 5%. Over $215,000 raised to support the collective work of over 50 community non-profit organizations and ISU student organizations in pursuing their missions and achieving their goals. Recognition as the 2022 Iowa Society of Solid Waste Operations Outstanding Waste Diversion Program. Establishment of the City of Ames Food Waste Diversion Program. The impact of five years of implementation including: Over 127 tons of food and organic materials waste diverted from landfilling, since 2019, including 16 tons from January-May 2024. With additional diversion from the Great Pumpkin Disposal Program (47 tons through 2023) – achieving a total organic waste diversion of over 174 tons. Expansion of beneficial waste disposal diversion options with the establishment of the City of Ames drop-off recycling program in 2024 – targeting additional commodities of metal, 135 plastic, paper and cardboard, and clothing, to augment glass recycling. A total diversion of added commodities of plastic, paper and cardboard equaling nearly 47 tons - achieved in the first six months. Completion of a City of Ames Climate Action Plan, establishing Ames as a leader in addressing considerations of a changing climate, through a framework for commitment and impact including: Emission reduction goals (70% reduction in greenhouse emissions from 2018 levels by 2030, and 94% reduction in emissions by 2050) Six Big Moves for goal performance and accomplishment (renewable energy generation, building retrofits, net-zero new construction, reducing vehicle emissions, increasing active transportation and transit use, and reducing waste emissions) Seven Action Steps as priority items of focus (increasing wind and solar generation as part of Electric Services renewable energy portfolio; waste-to-energy improvements/reducing waste emissions; net zero and new zero-ready new construction; retrofitting existing buildings; retrofitting municipal buildings; electrifying the (non-CyRide) municipal fleet; and creating a Mayor’s climate action plan leadership task force) Increased and Enhanced Education, Outreach, and Engagement of Sustainability Commitment, Achievement and Opportunities through: Completion of the 2011 City of Ames Sustainability Plan for Electrical Consumption Reduction. Completion of 2011 City of Ames Sustainability Education and Awareness Initiatives and Activities Report. Presentations, tabling, programming, resource development and distribution, events, media partnerships, social media presence, surveys, focus groups, classroom collaborations, volunteer connections, and networking. ALTERNATIVES: 1. Accept the Year-End Report as is provided above and approve the two-month contract (July & August 2024) with ISU for Sustainability Advisory Services for a total of $6,172. 2. Accept the Year-End Report as is provided above, but do NOT approve the two-month contract as proposed with ISU for Sustainable Advisory Services. 3. Do not accept the Year-End Report Nor approve the two-month contract as proposed with ISU for Sustainable Advisory Services. CITY MANAGER'S RECOMMENDED ACTION: Both the City of Ames and ISU remain committed to the concept of sustainability as both organizations are seeking to reduce carbon emissions. Sharing a Sustainability Coordinator to promote sustainability efforts and look for opportunities to collaborate has worked well for the past 10 years. However, the workload is such that the City now is pursuing its own full-time coordinator. Because a new person will be hired, the City staff is recommending that a new two-month contract with ISU for Sustainability Services be approved to provide continuity of services until the new employee is adequately oriented to the new jpb responsibilities. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 136 ATTACHMENT(S): Sustainability_Contract_Two_Months.pdf 137 CONTRACT FOR SUSTAINABILITY ADVISORY SERVICES This Agreement, made and entered into the 1st day of July 2024, by and between the CITY OF AMES, IOWA, hereafter called the “City” and IOWA STATE UNIVERSITY, hereafter called “ISU,” and continuing through August 31, 2024. WITNESSTH THAT: WHEREAS, the City and ISU had previously entered an annual Contract for Sustainability Advisory Services, WHEREAS, the City and ISU remain committed to the concept of sustainability and are desirous of reducing carbon emissions; and WHEREAS, ISU currently employs a Director of Sustainability to coordinate their sustainability efforts; and WHEREAS, the sharing of the services of ISU’s Director of Sustainability is a more efficient method for both the City and ISU to provide this service. NOW, THEREFORE, the parties hereto agree as follows: I PURPOSE The purpose of this agreement is to secure for the City and its citizens leadership, coordination, and support services for sustainability efforts directed at carbon emission reduction and promoting sustainable community practices. II SCOPE OF SERVICES ISU, through its Director of Sustainability, shall assist City staff in the implementation of conservation efforts and other sustainable practices by planning, implementing, and carrying out the following programs or initiatives: 1) Continue to assist with public education, outreach, speaking engagements, research on potential funding sources, and implementation of a City Council-approved Climate Action Plan. 2) Continue to coordinate Rummage RAMPage at the Ames Intermodal Facility in partnership with the Resource Recovery Plant, Public Relations, CyRide, and Iowa State University, to address concerns that usable housewares and furniture are being needlessly discarded and hard-to-process materials are being sent to the Resource Recovery Plant. 138 III METHOD OF PAYMENT Although this is a lump sum contract for consulting services, ISU anticipates devoting a maximum of 80 hours (25% of each work week) of the Director of Sustainability’s time to complete the tasks identified in the Section II. Furthermore, ISU shall not charge for the use of ISU office space or office equipment (such as computing and communications) used on a day-to-day basis by the Director of Sustainability for conducting the work. The City will disburse payment to ISU at the end of each month in the amount of $3,086. The maximum total amount payable by the City under this agreement is $6,172 for work detailed in the SCOPE OF SERVICES (Section II of this Contract) and no greater amount shall be paid. IV SUPERVISION OF CONTRACTED SERVICES The work of ISU’s Director of Sustainability under this agreement shall be supervised and directed by the Ames City Manager or his designee. Each month, the Director of Sustainability shall provide a report to the City Manager or the City Manager’s designee highlighting the progress being made to accomplish the tasks required in Section II. V DURATION AND EARLY TERMINATION This agreement shall be in full force and effect from and after July 1, 2024, until August 31, 2024. This agreement may be terminated without cause by either party upon the giving of notice 14 days advance written notice. VI DISCRIMINATION PROHIBITED In accordance with Chapter 14 of the Municipal Code, no person shall, on the grounds of age, race, color, creed, religion, national origin, disability, sexual orientation, or sex be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Agreement. IN WITNESS WHEREOF the parties hereto have, by their authorized representatives, set their hand and seal as of the date first above written. CITY OF AMES, IOWA ATTEST: BY_____________________________ __________________________________ John A. Haila, Mayor Renee Hall, City Clerk IOWA STATE UNIVERSITY BY Heather Paris, Interim Senior Vice President for Operations and Finance, Iowa State University 139 To:Mayor and City Council From:Brian Phillips, Assistant City Manager Date:June 11, 2024 Subject:Request from AIPCA to fund scholarships for Youth Delegation to Koshu City, Japan Item No. 28 MEMO On May 14, the City Council received a request from Ames International Partner Cities Association (AIPCA) to fund two scholarships for Youth Delegation members who will be participating in an upcoming visit to Koshu City, Japan. The request is in the total amount of $5,400. The Council directed that the request be placed on a future agenda for discussion. The original request is attached. If the Council approves the request, the source of funding (the Council Contingency Account) would need to be specified by the Council at the time of approval. ATTACHMENT(S): C. Hicks - Koshu Delegates AIPCA.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 140 From: Hicks, Cynthia G [SSCXP] <cghicks@iastate.edu> Sent: Monday, April 22, 2024 3:48 PM To: Haila, John <john.haila@cityofames.org> Subject: Koshu Delegates Student Scholarships [External Email] Dear Mayor Haila, The AIPCA has chosen two students to receive scholarships to participate in the youth delegation to our sister city of Koshu, Japan in July. Both students were chosen because they are on the free/reduced meal plan at the Ames Middle School. We used that as a measure of need. Our travel agent has locked in our reservation for the flight and one night in a hotel at $2700 per student. I kindly request $5400 from the City of Ames to cover the cost of the two scholarships. Thank you very much for supporting the AIPCA and the middle school delegation. We are very appreciative. Warm Regards, Cynthia Hicks Communications III Seed Science Center 195B Seed Science 2115 Osborn Dr. Ames, IA 50011-1050 Office: (515)296-5386 Cell: (316)871-0837 www.seeds.iastate.edu | www.seedlab.iastate.edu 141 To:Mayor and City Council From:Brian Phillips, Assistant City Manager Date:June 11, 2024 Subject:Solid Waste Collection & Disposal Strategy Item No. 29 MEMO At the May 28, 2024 meeting, City staff presented a comprehensive report outlining various issues related to solid waste collection and disposal for the city. In this report, staff offered the following recommendations regarding the next steps in pursuing a new strategy to address these issues. City staff suggests in the report that the most advisable strategy for the City Council to pursue would be: Collection - Partnering with Metro Waste Authority (MWA) to implement an organized collection system meeting the City Council’s requirements, including curbside collection of refuse (MSW), recyclables, and yard waste in a manner that reduces truck traffic on City streets, Consolidation - Converting the Resource Recovery operation into a transfer station model where refuse and recyclable materials can be deposited, consolidated, and loaded for transportation to processing/disposal sites, and Disposal - Transitioning from the Central Iowa Solid Waste Management Association planning area (Boone County Landfill) to the Metro Waste Authority planning area as the final disposition location for disposal of municipal solid waste. 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 142 A concept outlining how these roles could potentially work is shown below: Collection Consolidation Disposal Responsible Entity: Metro Waste Authority City of Ames Metro Waste Authority Components: Organized Curbside Collection of Recycling and MSW Hauler Contract Management Transfer Station Customer Service Marketing/Community Outreach Story County Community Relationships Waste Reduction/Landfill Diversion/Climate Goal Initiatives and Events Hauling and Disposal to Landfill Hauling and Disposal to Recycling Facility Hauling and Disposal of Yard Waste In staff ’s view, this overall strategy provides several advantages. It allows the City to rely on MWA’s expertise to convert to organized collection. MWA has implemented this approach in many other communities and can provide valuable insight regarding working with haulers, designing the system, and undertaking a transition from the current open collection model. This approach also allows MWA to handle the disposal of the collected waste and recyclables, which it has ample expertise and resources to manage. Critically, this approach keeps the community-focused component (Consolidation) with the City of Ames. This includes the interaction with drive-up customers and resources to ensure materials are disposed of in the most appropriate manner, the relationships with partnering communities in Story County to manage the administration of a waste disposal system, and the management of local waste reduction and diversion programming such as Stash the Trash, Rummage RAMPage, and EcoSmart. The City already excels in administering these customer-focused aspects of managing waste in the area. Therefore, it would be a natural fit for the City to retain the management of these functions, while partnering with MWA to manage the Collection and Disposal aspects of solid waste management. Finally, this approach allows the City to separate energy production from waste management. Doing so allows the electric utility to pursue energy options that provide continued reliability, competitive costs, and lower greenhouse gas emissions. 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 143 While the Council was not asked to provide direction regarding the staff recommendations at the May 28 meeting, staff is now seeking direction at this meeting as to whether to proceed with the proposed approach. ATTACHMENT(S): Staff Report on Solid Waste Collection & Disposal.pdf Letter from Aspen Waste Systems to Ames City Council 6-7-24.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 144 ITEM #:40 DEPT:PW May 28, 2024 Staff Report SOLID WASTE COLLECTION AND DISPOSAL FOLLOW-UP BACKGROUND: On May 16, 2023, the City Council held a workshop regarding solid waste management. During that workshop, staff presented the City Council with feedback from haulers concerning the possibility of an organized collection system, in addition to the results of follow-up questions to the Waste-to-Energy Options Study. Since the May 16, 2023 workshop, staff has been examining the overall waste collection and disposal system in the community to understand the issues that will face this system in the next few months and beyond, and to identify the available options to provide economical and environmentally responsible collection and disposal of solid waste. Some key issues were highlighted at the January 9, 2024 review of the Seven Initial Implementation Steps for the Climate Action Plan. These issues are described below in more detail, and include the following: Issue 1 - Maintenance and Reliability Issues The City’s waste-to-energy (WTE) system relies on a consistent flow of material from one stage to the next, with some limited ability to accommodate surges in material or equipment downtime before garbage haulers are diverted to the landfill, under our current operating paradigm. The four major components involved in the WTE system are 1) the Resource Recovery Plant (approaching 50 years of operation), 2) the refuse-derived fuel (RDF) bin, 3) the Unit #7 boiler (commissioned in 1967) and 4) the Unit #8 boiler (commissioned in 1982). T h e Resource Recovery Plant is subject to a comprehensive routine maintenance program and has experienced various equipment upgrades and reconfigurations since opening. Although there are space limitations in the existing facility, it remains capable of operating into the foreseeable future. The adopted FY 2023-28 Capital Improvements Plan (CIP) contains approximately $1.75 million in primarily preventative maintenance projects for the facility. The current RDF bin has been in service since 1996. The bin is constantly being corroded by the moisture present in the RDF. Therefore, the bin has just completed a $1,608,028 project to repair or replace structural supports and wall panels. This work was identified as the most necessary to keep the bin operational as the City determines whether to pursue an alternative to the existing WTE system. Other significant upgrades and repairs will be necessary if the bin is to be used for the WTE system in a long-term manner. Any such additional work necessary is not reflected in the adopted Capital Improvements Plan. This maintenance and repair work can result in a chokepoint in the WTE system, as the bin’s capacity is periodically reduced. When this occurs, the result is that either haulers must be diverted to a landfill, or Resource Recovery must accept the material and arrange for it to be disposed of. The latter option is operationally challenging and results in higher costs. Units #7 and #8 have undergone significant modification and repair in the past ten years, beginning with 1145 the conversion of both units from coal-fired to natural gas-fired in 2016. Following conversion of the units to natural gas, it was observed that accelerated corrosion occurs in places where the combustion gases come into contact with boiler components. It is believed that prior to 2016, the coal and the associated ash provided a protective layer against corrosion from combusting RDF within the boiler. This protection is not present when firing RDF with natural gas. In 2019, the Electric Utility completed a project for approximately $8 million to replace significant portions of the Unit 7 boiler, including sections of new Inconel overlayed tubes. This special tube is more resistant to the kind of corrosion experienced when co-firing RDF and natural gas. Portions of the Unit 8 boiler were replaced with Inconel-coated tubes in 2020 at a cost of approximately $7 million. Other portions of the boiler are protected with field-applied Inconel spray coatings. However, the spray coating does not adhere well and reapplication is required on a regular basis to maintain protection in this boiler, at a cost of approximately $1 million per year. Some areas of each boiler remain unprotected against corrosive gases (i.e., they are not coated with Inconel either because of the cost involved or the inaccessibility of the areas) and are therefore susceptible to premature failure. Corrosion thins the boiler tube walls and eventually results in boiler tube ruptures. These ruptures are disruptive events that require the unit to be shut down, cooled, repaired, tested, re-fired, and brought back online. This process takes at least four days for a straightforward tube repair that is swiftly addressed. More complex repairs or contractor issues may increase the downtime. During such an outage, the ability to accept garbage from haulers may be curtailed or halted entirely, depending on storage availability and the ability to burn RDF in the other boiler. Additionally, plant outages negatively affect capacity amounts needed to meet regional electric grid requirements, causing the Electric department to purchase capacity. When the unit trips offline, premature wear occurs in other Power Plant components (e.g., large steam valves that operate quickly to cut off the flow of steam to the turbine). The stress of repeated tube ruptures, a boiler environment of accelerated corrosion, and the age of Units 7 and 8 raise concerns about the long-term viability of Unit 7 and Unit 8 operation and using these units to dispose of RDF in the current manner. Electric Services staff is in the process of retaining a consultant to evaluate the remaining lifespan of the existing units. This evaluation will take into consideration the state-of-repair of the units, the conditions experienced by them, and the availability of replacement parts and equipment. Issue 2. - Natural Gas Prices and Carbon Footprint The Power Plant’s Air Permit limits the amount of RDF that may be burned. RDF may make up no more than 10% of the total fuel by Btu in a calendar quarter. Therefore, significant quantities of natural gas must be purchased to burn the RDF within the permit limits. The electric production costs during the first several years of the Power Plant’s operation on natural gas benefitted from favorable pricing for natural gas commodity and transport contracts. The natural gas pricing in effect through the end of calendar year 2023 was $2.77 per MMBtu. This pricing allowed the utility to purchase enough natural gas to burn approximately 30,000 tons of RDF per year. On September 8, 2023, a natural gas delivery contract was approved for calendar year 2024 at a price of $3.60/MMBtu. This pricing is a 30% increase in the unit price of gas compared to the 2023 contract. To reduce the impact to electric service customers bills for the increased cost of natural gas, less gas will be purchased in the winter months of January, February, March, November, and December. This 2146 arrangement tempered the overall budget increase for natural gas. The fuel expenses for FY 2023/24 increased approximately $1,500,000 over FY 2022/23, while also requiring a decrease in the amount of RDF delivered to the Power Plant in months where less gas is purchased. The result is a decrease in RDF throughput from 30,000 tons per year to 27,000 tons per year for FY 2023/24, and further reduced to 25,000 tons in FY 2024/25. The material that cannot be burned must therefore be diverted from the waste stream before arriving at Resource Recovery (through diversion/recycling) or must be landfilled. Additional electricity is purchased on the open market to compensate for the reduction of electricity produced by the Power Plant during the winter months. The quantity of natural gas being purchased through this strategy is estimated to cost an additional 3% on electric customers’ bills once fully phased in (through the Energy Cost Adjustment, calculated on a rolling 12-month period). If natural gas prices continue to increase in future years (calendar year 2025 and beyond), holding the budget flat will cause staff to purchase less natural gas. The Power Plant would have to further curtail acceptance of RDF in order to avoid more substantial cost increases to electric customers. Independent of the cost issues associated with natural gas purchases, the natural gas required to be combusted in the current system also presents an obstacle to achieving the goals associated with the Climate Action Plan. In a report provided to the City Council on January 9, 2024, staff indicated that “[…] approximately 47.31% of the City’s electricity is produced by the Ames Power Plant as an indirect result of burning RDF. Given the ratio of gas to RDF that is required by our permit to be burned in our boilers, we will be prevented from achieving more than a 55% carbon reduction” if the RDF combustion continues in the process currently used. It should be noted, however, that the waste-to-energy process does offset some greenhouse gas emissions that would be emitted compared to most alternative scenarios involving a landfill. Landfills are usually located farther away from the population concentration, resulting in longer truck trips and associated emissions. Additionally, landfills produce methane and other greenhouse gases (unless methane capture equipment is in place, capturing a portion of the methane), which are not produced in a waste-to-energy system. Issue 3. - Capital Investment Required for WTE Options Study Alt. 2A The issues described in #1 and #2 above were intended to be avoided or resolved through solutions identified in the Waste-to-Energy Options Study (final report delivered in 2022). However, the least costly alternative identified in that study (which involves reusing a significant amount of existing infrastructure and constructing a small, dedicated RDF boiler and associated pollution control equipment) was estimated to cost approximately $120 million to construct. The dedicated boiler would use only a small amount of natural gas to initiate the waste combustion, thereby eliminating the need to procure and burn approximately 3.8 million MMBtu per year of natural gas (4.4 million MMBtu prior to 2024). Electricity produced at the Power Plant would be significantly decreased and would be offset by purchases on the day-ahead/real-time energy markets, or by investing in new generation, such as wind and solar projects. Staff has had conversations with another engineering firm specializing in the waste-to-energy sector in Europe. This firm believes the capital investment required to construct a WTE system for the City may be substantially less than the $120 million estimated in 2022, but it is unclear as of the time of this writing what the true range of costs may be. Assuming the costs remain in the neighborhood of $100 million and above, there are limited options to finance construction. The most viable option would 3147 be to issue Electric revenue bonds, which would require significant increases in electric rates. In addition, issuing bonds in the amounts necessary to construct a new waste-to-energy boiler would utilize a significant amount of the Electric utility’s debt capacity. In turn, the Electric utility would be limited in its ability to finance investments necessary to maintain reliability and meet grid obligations, and limited in the ability to pursue initiatives the Council may wish to pursue to achieve the goals of the Climate Action Plan, such as investing in new renewable energy production projects. Staff met with Metro Waste Authority (MWA) representatives on several occasions in 2023 and 2024 to discuss interest in potential partnerships regarding a variety of solid waste solutions. MWA staff indicated their interest in a waste-to-energy partnership with Ames, including the possibility of financing some of the capital investment. Although MWA’s landfill facilities have substantial available capacity, waste-to-energy is seen by MWA staff as a strategy to reduce the eventual filling of the landfills in the next several decades. City staff ’s impression is that the level of investment MWA may be willing to provide would be proportionate to the amount of capacity in the WTE system that would be used. The $120 million figure developed through the Waste to Energy Options Study assumed the commissioning of a 5 MW RDF unit. Such a unit would be sufficient to dispose of 100% of the Resource Recovery System’s expected daily throughput of 150 tons of RDF through 2045. Another alternative (with a higher capital cost) would be to repurpose a retired turbine-generator to construct a 12.5 MW unit for dedicated RDF combustion. This would provide the ability to handle approximately 350 tons of RDF per day, meaning capacity might exist for another 200 tons per day of RDF produced by MWA. If an even larger, completely new RDF unit was constructed to handle a greater volume of waste from both Story County and the MWA system, it would be expected that the capital cost would be greater. Staff would explore situating such a unit in a different location from the current operation, for logistical reasons (the current site offers little room to expand and has potential for redevelopment into the future) and for strategic reasons (a site in southern Story County or northern Polk County would be ideally situated to serve both population centers with minimized truck mileage). Issue 4. - July 2025 End of Current Comprehensive Solid Waste Plan Increased landfilling of diverted Story County MSW puts a substantial strain on the Boone County Landfill, which is designated as the final disposition for Story County’s waste. Compared to recent years, the Boone County Landfill historically received smaller quantities of unprocessed Story County MSW (an average of less than 5,000 tons of MSW annually from 2001-2017). This amount results from planned and unplanned outages at the Resource Recovery and Power Plant facilities and non-beneficial MSW. In calendar year 2018, as the number of boiler tube ruptures at the Power Plant began to increase significantly, the tonnage of refuse not processed at RRP rose to 19,087 tons. This number peaked in 2019, with 32,030 tons of refuse not processed, and instead sent directly to Boone County Landfill. Although the amount of Story County waste going to the landfill due to reliability issues has decreased, several thousand additional tons of MSW must go to the landfill during winter months when there is not sufficient gas capacity to consume all the RDF at the Power Plant. The “direct haul” tonnage to Boone County Landfill, in addition to being combined with rejects from the WTE process and construction and demolition material, results in more than half of the waste tonnage accepted at Boone County Landfill each year consisting of material from Story County. The 4148 Boone County Landfill has a limited volume of airspace into which the landfill may grow in the future. In order to conserve the remaining landfill airspace, it is staff ’s understanding that Boone County prefers that Ames/Story County find a long-term alternative to the Boone County Landfill for disposal. It should be noted that the City has entered into 28E agreements with most of the other cities in Story County, along with the County itself, for the operation of the waste-to-energy system. These agreements provide for Ames to take the responsibility for decision-making related to operations. The agreements also form the basis for the collection of the per-capita fee to partially fund the Resource Recovery System. The 28E agreements place the responsibility on the City of Ames to provide a safe, sanitary, and environmentally satisfactory solid waste processing system, through which all garbage and solid waste from the participating communities shall be accepted and disposed of. The agreements provide the City with broad authority to determine the processes and facilities that are used to process solid waste, reclaim materials, and reduce the remainder of the waste to a form convenient for burial in a landfill. These agreements expire in June 2034. Although the partners have been repeatedly notified in recent years about the potential for changes to the Resource Recovery System arrangement, no discussions have yet occurred with these partners to explore a different approach for solid waste disposal in the future. The Comprehensive Solid Waste Management Plan for Boone County and Ames (and by extension, the other participating cities in the Resource Recovery System, plus Story County), expires in June 2025. This plan outlines the management of solid waste within the planning area, including where its final disposition will be. Boone County has expressed desire to have Story County included in another planning area at that time. This could take the form of Story County becoming its own independent service area and entering into agreements with another planning area to dispose of solid waste. Alternatively, the current members of the Resource Recovery System could split and join different planning areas already in existence to dispose of waste at that area’s designated final disposition site(s). OPTIONS FOR SOLID WASTE DISPOSAL INTO THE FUTURE: With the above-described issues in mind, staff believes there are three options for the future disposal of solid waste in the Ames/Story County area. Each presents advantages and disadvantages, which are analyzed below: Option 1: Maintain Status Quo This option relies on continuing the use of the Resource Recovery Plant and Power Plant in its current configuration. Permitting – The facilities would continue to operate under their existing permits. There is some risk that future regulations impacting the combustion of MSW would require operational changes or new pollution control equipment. Such changes could be cost prohibitive and would cause the system to no longer be able to achieve compliance. For the foreseeable future, however, the Power Plant’s permit continues to limit the amount of RDF that may be combusted in proportion to the amount of natural gas combusted, meaning an increase in RDF requires an increase in natural gas use to meet permit obligations, regardless of whether the increased quantity of gas is necessary to achieve combustion. Capital Costs – Resource Recovery continues to require approximately $300,000 per year in capital projects to maintain the equipment in the facility. This amount is expected to remain unchanged into the foreseeable future. 5149 The RDF Bin is undergoing a partial overhaul, pending a decision regarding the future of the waste-to- energy system. If the system is continued as-is, then it will be necessary to invest additional funds into a more comprehensive overhaul of the RDF Bin ($2-3 million). These expenditures are not forecasted in the current 5-year Capital Improvements Plan. The Power Plant would be subject to the capital improvement projects already planned in the CIP, but some key plant components (boiler tubes, valves, steam fittings, etc.) are susceptible to accelerated wear from combusting RDF and may require significant investments to replace. In the 5–10-year horizon, investments in the range of $10-15 million are expected to be needed to replace boiler components such as the bullnoses and generating banks and to modify the ash pond. These expenditures are not forecasted in the current 5-year Capital Improvements Plan. Operating Cost – The operating cost—for both the RRP and Power Plant—in this option is significantly dependent on the costs of natural gas. As natural gas prices increase, the costs of electrical production increases, with and without RDF. This requires either increases in electric rates, or a reduction in the volume of RDF that is burned. A reduction in RDF impacts RRP’s finances by diverting haulers (significant revenue loss), landfilling an increased amount of rejects (expense increase), and by reducing the revenue from RDF sales to the Power Plant. Conversely, a reduction in RDF impacts Electric’s finances in the opposite direction by reducing purchases of natural gas (expense decrease), reduced maintenance costs (expense decrease), and the replacement of energy at a cheaper rate from the grid (significant cost savings to electric customers). Remaining Asset Life – Although the Resource Recovery Facility is nearing fifty years of operation, the processing equipment and structure are well-maintained and in good condition to continue operating well into the future. The RDF bin is undergoing a project to replace some corroded sections. However, this project will only address critical areas, extending the bin lifespan perhaps another five years. If waste-to-energy continues as is, more substantial maintenance investment will be necessary for the RDF bin. Regarding the Power Plant, the Unit #7 and Unit #8 components experience an increased level of stress due to a corrosive atmosphere inside the boiler and wear resulting from starts and stops that are more frequent than a unit that would combust only natural gas. Although repair work can be routinely performed, as these units age it becomes increasingly difficult to find replacement parts. Staff is undertaking an outside analysis to identify what the potential remaining lifespan is for key components of these units. Staff believes the remaining lifespan can be extended if RDF is no longer combusted, but it is not clear how long these units will be able to cost-effectively operate in the long term (i.e., into the 2030s). Staff does not believe this is a viable long-term option without substantial investment in the Power Plant. Finally, if RDF continues to be combusted, a project would need to be undertaken to excavate a larger ash pond confinement area. An expansion is estimated to cost $2.5 million in addition to the $2.6 million in a project currently underway to collect and close most of the existing ash pond. Greenhouse Gas Emissions – The co-firing of natural gas and RDF will not allow the City to achieve more than a 55% carbon reduction towards the Climate Action Plan goals. Although the conversion of MSW to RDF and combusting it produces less greenhouse gas emissions than landfilling the MSW at a site without methane capture, this reduction is outweighed by the greenhouse gas 6150 emissions resulting from the natural gas required to co-fire the RDF. It is worth noting that the Electric Utility Operations Review and Advisory Board, appointed by the mayor, has provided a letter recommending that the City of Ames and Story County initiate efforts to find alternative methods to manage Story County’s waste. The goal would be to reduce and ultimately eliminate the use of RDF at the power plant. Electric Services should begin planning for reinvestment in the electric system to improve reliability, reduce costs and improve its environmental performance. The letter is attached. Option 2: Construct a New, Dedicated Waste-to-Energy Boiler to Burn RDF with Transfer Station for Backup, Recyclables, and Non-Combustible Waste This option involves constructing a new, dedicated waste-to-energy boiler in partnership with an agency such as MWA. The Resource Recovery Plant would continue to be used in its current configuration. MSW from Story County and the partnering entity would be brought to Resource Recovery and processed. RDF would be combusted in a dedicated waste-to-energy boiler. Reject materials and RDF ash could be backhauled to a landfill. This option provides for construction of a new transfer station to function as the backup disposal option when the boiler is unavailable, and to handle recyclable materials and non-combustible waste on a routine basis. Permitting – It is anticipated that the permitting process for a transfer station would take approximately 60 days to complete. Permitting a new waste-to-energy boiler would take approximately two years to complete, with an additional 2+ years to construct. Capital Costs – The cost to construct the transfer station component is approximately $4-6 million. The cost for the waste-to-energy boiler would be approximately $120 million (higher if it needed to be sized to accommodate MWA participation). The capital costs associated with this option would be financed most likely with electric revenue bonds that would result in significant rate increases to our customers. Operating Cost – This option would significantly reduce the cost of natural gas, from approximately $15.8 million per year to approximately $4 million per year. The operating cost for the boiler would be approximately $3 million per year. However, this is offset by reallocating existing resources (staff, equipment, commodities). The operating cost for Resource Recovery would remain unchanged from the current costs. Remaining Asset Life – In this option, the most pressing issue remaining would be the lifespan of the RDF bin. Substantial investment would be needed to outfit the bin for use beyond the next five years. In addition, a “dry” method of handling the ash would be included in the design to avoid needed investments in the existing ash pond. This option would likely extend the useful lifespan of Units 7 and 8 by reducing the number of hours that they actually operate and reducing their maintenance and repair costs. Greenhouse Gas Emissions – Assuming that the energy being purchased to offset the reduced Power Plant energy production is from greener sources than natural gas, this option would substantially reduce the greenhouse gas emissions associated with combusting natural gas. Further reduction would be achieved from decreased landfilling, and from maximizing the efficiency of transportation between RRP and a partnering landfill operation. It is important to note that the capital costs of this option would result in a significant debt burden for the City, which would limit the ability to use debt for investments in other renewable energy projects that might be called for through the Climate Action Plan. 7151 Option 3: Discontinue Waste-to-Energy and Construct a Transfer Station for MSW, Recyclables, and Other Waste In this option, MSW would no longer be mechanically processed with recyclable metals sorted in the process and converted into RDF for the production of electricity. Instead, MSW would be consolidated for transportation to a landfill, and presorted recyclable materials could be aggregated before being transported to another facility for reuse. With waste no longer being received at the Resource Recovery Plant, the distances to the nearest area landfills are great enough that it is uneconomical to have garbage haulers directly haul to those sites. The construction of a transfer station in Ames (where MSW/recyclables can be consolidated into semi-truck loads and hauled to a disposal/recycling site) would reduce hauler transportation costs, the amount of highway truck trips, and transportation-related greenhouse gas emissions. Permitting – It is anticipated that the permitting process for a transfer station would take approximately 60 days to complete. Capital Costs – The cost to construct a transfer station is approximately $4-6 million. This cost may vary depending on whether the facility includes accommodations for recycling, yard waste, organics, etc. Design and construction would take approximately two years to complete. Staff estimates the costs to decommission the Resource Recovery Plant and RDF bin to total approximately $3 million. Operating Cost – The operating cost of a transfer station alone is estimated to be approximately $4 million per year. This option would eliminate the $4 million annual operating cost for the Resource Recovery Plant, eliminate the co-firing of natural gas with RDF, and reduce 90% of the $15.8 million annual expense for natural gas for the Power Plant. These reductions in cost would be partially offset with increased purchase power costs. Remaining Asset Life – This option would likely extend the useful lifespan of Units #7 and #8 by reducing their maintenance and repair costs. The other existing WTE system assets would be repurposed or decommissioned and demolished through this option. Greenhouse Gas Emissions – This option provides Electric staff the ability to seek greener energy options, substantially reducing the greenhouse gas emissions associated with co-firing natural gas with RDF. If the MSW was buried in a landfill without methane-capture equipment, it would be expected that greenhouse gas emissions from disposal would increase compared to conversion to RDF and co- firing RDF with natural gas in a waste-to-energy system. EUORAB INPUT: The Electric Utility Operations Review And Adversary Board has been brief by staff on this important issue. Their input is as follows, "The Waste to Energy study demonstrates that all the options are very expensive to build and operate. Therefore, EUORAB does not recommend construction of a new waste to energy facility, nor does it recommend Electric Services continue to provide most of the funding to support waste management costs for Story County. Continuing to use RDF as a fuel in the power plant is very expensive relative to other solid waste 8152 management options. The cost to continue to burn RDF will only increase as the current natural gas contract expires at the end of 2023 and the City of Ames faces significantly higher costs for natural gas in the future. EUORAB is recommending the City of Ames, and its Story County partners, begin discussions to transition to a more preferable method of managing our refuse. We should move to a model that includes source reduction, reuse, and recycling and cease burning RDF. The net result would be a reduction in the total cost to manage our waste, a reduction in the impact our waste has on the environment, and a reduction in carbon emissions from burning our waste." COUNCIL DIRECTION FROM MAY 16 WORKSHOP: At the May 16 workshop, the City Council directed staff to take action regarding four initial action steps. The steps and the follow-up actions related to each are listed below: Alternative Disposal of Construction/Demolition Debris: Staff has previously explained that the Boone County Landfill has raised concerns about the volume of construction and demolition debris (C&D) received from Story County. Over the past five years, Boone County Landfill has received an average of 20,469 tons per year of C&D material from Story County. This material does not compact well, and therefore it accelerates the consumption of useable remaining space in the landfill. On June 6, 2023, Mayor Haila sent a letter to the Boone County Supervisors requesting to explore amending the solid waste comprehensive plan to require C&D to be sent to an alternative disposal site than the Boone County Landfill. The Boone County Supervisors responded to this proposal on June 28 (Attachment 1). The Supervisors indicated that an immediate change would impact the adopted FY 2023/24 landfill budget. Therefore, Boone County proposed considering potential changes in advance of finalizing the FY 2024/25 budget. In subsequent discussions, Boone County officials have expressed a desire for Story County C&D material to be sent to an alternative disposal location effective July 1, 2024. City staff met with Marshall County Landfill and Metro Waste Authority officials to facilitate a new disposal location for this material. After further investigation, it appears the volume of waste would be greater than what Marshall County Landfill could handle on a regular basis. MWA and City staff have discussed C&D material on two occasions, and MWA is currently evaluating the potential impacts and fees. These potential alternative disposal locations may result in a longer drive distance from Story County jobsites but will also likely charge a different tipping fee for this material compared to Boone County Landfill’s fee for Story County C&D ($76/ton). Therefore, it is difficult to determine the impact to Story County residents and businesses for such a change. Any increase in costs is likely to be passed directly onto customers of homebuilders, developers, contractors, etc. as a “cost of doing business” expense. It is important to note that it is ultimately up to Boone County Landfill to obtain final agreement and approval for any change in the disposal location of this material —the landfill is the entity that will decide whether to release the material to another location, and if so, to find a location that will accept it. Pilot Drop-Off Recycling Program: 9153 The City Council requested that questions related to willingness to sort various types of waste before disposing of it and preferred methods of disposing of sorted waste be included in the 2023 Resident Satisfaction Survey, to gather the public’s perceptions regarding these concepts. Survey results were collected from 596 randomly selected Ames residents. This year ’s survey found that, overall, most respondents were more willing to sort certain products from their garbage compared to 2022. Percent increase ranged from 10% (organics) to 32% (glass). Glass is the waste product that respondents were most willing to sort (87%), followed by metal (80%) and plastic (80%). Respondents were least willing to sort organics from their garbage with 51% indicating that they were not willing to sort organic material from their garbage. Respondent Preferences for Sorting Waste Types from Their Garbage Waste Type 2022 2023 Glass 54.9%87.2% Metal 64.0%80.3% Plastic 64.8%80.0% Organics 38.4%48.8% Survey respondents were asked their preferred method of disposal of sorted waste, with options including: 1) no-charge centralized drop-off, 2) curbside collection for a fee, 3) willingness to participate in either program, 4) not interested, and 5) other. Almost 1/3 (31%) of the respondents would participate in either program (no charge centralized drop-off or curbside collection for a fee). Another quarter of them preferred no-charge centralized drop-off, while 26% preferred curbside collection for a fee. When asked if they currently pay for curbside recycling through their garbage hauler, 10% said yes. Preferred Method of Disposing of Sorted Waste Items Method 2022 2023 Would participate in either one 30.7%30.8% No-charge Centralized Drop-off 30.5%26.2% Curbside Collection for a fee 23.0%23.1% Not Interested 11.0%14.3% Other 4.8%5.7% It appears from these results that there is some appetite among the community for additional opportunities to recycle, either through curbside collection or through a drop-off program. In early summer 2023, staff obtained four cardboard collection containers from Metro Waste Authority and placed them at the Power Plant (2), Ames Public Library, and the Electric Distribution facility. Each container holds approximately 500 pounds of cardboard when full and is emptied on a weekly basis at a cost of $75 per container per month. Staff has added four additional containers, around Main Street, an additional container at the Power Plant, and one at Fleet Services. The containers have been primarily utilized for disposal of cardboard received for City operations, although community members have also been invited to utilize the containers. However, no concerted marketing campaign has been undertaken to advertise their availability. 10154 Staff ’s estimate is that approximately 0.25 tons of cardboard is collected per bin, per week. The total amount of cardboard collected with these bins continues to increase with a current average of 11 tons per month. Over 70 tons have been collected since August 2023. In late 2023, Resource Recovery staff purchased roll-off containers and smaller bins to create a “one-stop” recycling drop-off area at the Resource Recovery Plant. Resource Recovery now accepts cardboard, scrap metal, plastic bottles with twist off lids, textiles, and mixed paper at no charge, along with the existing drop-off of glass and food waste. The collected materials are then transported by Resource Recovery to recyclers and sold based on market prices. An additional roll-off for collecting cardboard has been placed near the Parks and Recreation Administrative facility at Gateway Hills. Staff intends to expand these drop-off services with additional locations, including locations in partnering communities outside of Ames. Continue Exploring Models for Organized Collection and Return with Feedback: As with the topic of recycling, questions related to organized collection were included in the 2023 Resident Satisfaction Survey at the Council’s request. Responses were received from 596 residents. When asked how interested they are in a system where residential garbage collection is provided by one hauler, with the cost and services provided is determined by a city-wide contact, 41% of survey respondents were interested, 31% were not interested, and more than a quarter (29%) were uncertain. The average interest rating was 3.05 on a 5-point scale (1 being not interested at all to 5 being very interested). STAFF COMMENTS: For over forty years, the City’s waste-to-energy system has provided a reliable and responsible method for the disposal of Story County’s solid waste. The change in boiler technology to meet emissions regulations, the change in the content of municipal solid waste, and the change of fuel from coal to natural gas have impacted the reliability of this system in the past decade. Furthermore, the price of natural gas required to dispose of the municipal solid waste has increased, limiting the Power Plant’s ability to burn refuse-derived fuel without increased costs. These increased costs are not competitive with the price of power that can be purchased on the market for the City’s Electric customers. Finally, Boone County Landfill has limited space which is being disproportionately consumed by waste from Story County. It should be noted that it is becoming increasingly challenging to keep the Resource Recovery Fund in positive territory beyond the next few years. It is likely impossible to maintain the current configuration of the waste-to-energy system without significant increases in costs for Electric customers, haulers, and curbside consumers. Furthermore, even with such increases, it may not be feasible to keep operating the RDF bin, Power Plant boilers, and ash pond for the long-term future. Investing significant funds into this operation is likely to limit the City’s ability to maintain reliable power, be in compliance with electric grid requirements, and achieve other goals identified by the City Council in the Climate Action Plan. In addition, the Council has been engaged in a discussion about the concept of organized collection. This model presents an additional opportunity to advance the goals of the Climate Action Plan and address several of the other challenges associated with truck traffic in residential neighborhoods. The interrelated issues of collection, waste processing, waste disposal, climate action, and energy 11155 production all suggest to City staff that the most advisable strategy for the City Council to pursue would be: Collection - Partner with Metro Waste Authority to implement an organized collection system meeting the City Council’s requirements, including curbside collection of refuse (MSW), recyclables, and yard waste in a manner that reduces truck traffic on City streets, Consolidation - Convert the Resource Recovery operation into a transfer station model as described in Option 3, where refuse and recyclable materials can be deposited, consolidated, and loaded for transportation to processing/disposal sites, and Disposal - Transition from the Central Iowa Solid Waste Management Association planning area (Boone County Landfill) to the Metro Waste Authority planning area as the final disposition location for disposal of municipal solid waste. A concept outlining how these roles could potentially work is shown below: Collection Consolidation Disposal Responsible Entity:Metro Waste Authority City of Ames Metro Waste Authority Components: Organized Curbside Collection of Recycling and MSW Hauler Contract Management Transfer Station Customer Service Marketing/Community Outreach Story County Community Relationships Waste Reduction/Landfill Diversion/Climate Goal Initiatives and Events Hauling and Disposal to Landfill Hauling and Disposal to Recycling Facility Hauling and Disposal of Yard Waste In staff ’s view, this strategy provides several advantages. It allows the City to rely on MWA’s expertise to convert to organized collection. MWA has implemented this approach in many other communities and can provide valuable insight regarding working with haulers, designing the system, and undertaking a transition from the current open collection model. This approach also 12156 allows MWA to handle the disposal of the collected waste and recyclables, which it has ample expertise and resources to manage. Critically, this approach keeps the community-focused component (Consolidation) with the City of Ames. This includes the interaction with drive-up customers and resources to ensure materials are disposed of in the most appropriate manner, the relationships with partnering communities in Story County to manage the administration of a waste disposal system, and the management of local waste reduction and diversion programming such as Stash the Trash, Rummage RAMPage, and EcoSmart. The City already excels in administering these customer-focused aspects of managing waste in the area. Therefore, it would be a natural fit for the City to retain the management of these functions, while partnering with MWA to manage the Collection and Disposal aspects of solid waste management. Finally, this approach allows the City to separate energy production from waste management. Doing so allows the electric utility to pursue energy options that provide continued reliability, competitive costs, and lower greenhouse gas emissions. Staff does not intend to ask for direction at the May 28 meeting. Instead, staff plans to present these issues and return at a subsequent City Council meeting to receive the Council’s direction If the City Council agrees with the approach outlined above, then it would be appropriate at a future meeting to direct staff to prepare a proposal to Metro Waste Authority in which 1) Metro Waste Authority would assist with managing a system of organized curbside collection for residential garbage and recyclables, 2) the City would convert the Resource Recovery System to a transfer station model, and 3) Metro Waste Authority would become the final disposition location for garbage and recyclables. Staff would also begin to examine financing, construction, regulatory, partnership agreements, and other related matters in greater detail, including consulting with the existing Resource Recovery System partnering communities regarding these potential changes. Staff would then return to the City Council with this information as necessary to implement the Council’s direction. ATTACHMENT(S): Letter from Boone County Supervisors.pdf 13157 14158 159 160 ITEM #:30 DEPT:P&H June 11, 2024 Staff Report STAFF REPORT ON INFILL DEVELOPMENT STANDARDS, INCLUDING POCKET NEIGHBORHOODS AND TOWNHOME DWELLING TYPE BACKGROUND: On March 21, 2023, a workshop was held regarding infill opportunities as an implementation measure of Ames Plan 2040. The workshop included a review of a wide range of aesthetic, orientation, and size issues related to infill housing diversity and compatibility. At that meeting, the City Council provided direction on specific issues and requested more information related to infill opportunities for neighborhoods across the City. Subsequently, City Council included implementation steps within the Planning and Housing Department Workplan to address housing priorities by: creating Accessory Dwelling Unit (ADU) standards for single-family home properties (completed) creating duplexes standards for all single-family zoning districts (completed) reviewing Redirection Areas to prioritize sub-area planning (completed) to consider use of surplus land for infill housing at Harrison and Welbeck (in progress) creating a new "townhome" building type for infill, researching "pocket neighborhood" , aka as cottage housing, standards for infill development of small, clustered housing around open space. This report addresses the final two tasks with a discussion of a new Townhome Dwelling zoning standard and Pocket Neighborhoods as a PUD Overlay use. OPTIONS: POCKET NEIGHBORHOOD: The Pocket Neighborhood concept was introduced in 1996 by Ross Chapin, an architect based in Washington State, to promote an alternative, smaller-scaled housing form that, through appropriate design, could exist within established neighborhoods, close to jobs and transportation. The concept appears to have niche market because of the design priorities that go along with the concept, but it can be a desirable development option. Pocket neighborhoods are small clusters of cottage-style homes built around a shared common area. The defining element of the design is an orientation of all homes to a common open space. Housing clusters of four to twelve dwellings with minimal private lot area that front onto the shared common space is the defined ideal, which allows for more density, multiple owners benefiting from shared landscaping and open space treatments, and the small scale and layout encourage neighbors to socialize due to interactive space at the front of each home. Due to the design intent of a pocket neighborhood of using open space to organize the development, it 161 will also have smaller home sizes and placement of parking on the perimeter of the development site. Staff included a site diagram example, a picture of a built project to help illustrate the intent, and some links to other examples as Attachment A. Standard zoning does not accommodate Pocket Neighborhood design due to minimum lot sizes, street frontage, and setback requirements. The best option to allow Pocket Neighborhood design within Ames is to modify our PUD Overlay ordinance to address unique qualities of a Pocket Neighborhood. The PUD Overlay already allows for many of the traits needed for a successful Pocket Neighborhood. If this option is pursued, Staff proposes that City Council initiate an amendment to the PUD Overlay to specifically identify a development type of a Pocket Neighborhood with design principles that address the following: 1. Home placement organized around a defined common open space, requirement for 10% of the site to be devoted to common open space focused on area at the front of the homes. 2. Use layers of landscaping, walkways, and building features, including small fencing to create the defined areas. 3. Private lot area is minimal around the home with requirement to abut the front common area. 4. Project design range of typically 4-12 dwelling units. 5. Density must be consistent with the underlying zoning district maximum, plus one unit. (i.e. 7.26 units per acre in RL, plus 1 unit, a one-acre development site could have 8 homes) 6. Allow a PUD Overlay for infill sites of less than 2 acres (currently 2-acre minimum unless rezoned by City Council for predefined reasons) 7. No minimum lot size or setbacks as already allowed within a PUD 8. Include front entry features, including porches or front patio areas, along the front common area. 9. Connect all homes to walkways leading to the street at the front of the home. 10. Allow for parking offsite from home and allow for up to 50 % of homes to provide only 1 parking space based upon smaller home areas. 11. Architectural and site design features applied at a fine grain that define the private space and architectural interest and privacy of the building design in response to the tight-knit layout. TOWNHOME DWELLING TYPE: The Zoning Ordinance currently has four basic dwelling classifications that relate to specific lot development standards and parking requirements. These include single family detached dwellings, single family attached dwellings (on their own lot with no dwelling above or below), two-family dwelling (two units on one lot), and apartments (3 or more attached dwellings all on one lot). The term "townhome" is not in the Zoning Ordinance and used loosely to represent either single-family attached dwellings or apartments designed to have the appearance of a row of individual homes. Creating aa new Townhome Dwelling type will support infill options with defined design requirements and an allowance for reduced parking rates compared to apartments. The Townhome Dwelling type would be allowed on individual lots the same as single-family attached homes or as multiple units on a single lot. This means it could be a for sale development or rental development option for infill sites. Staff believes a combination of features are needed to facilitate this new building type and to ensure compatibility as infill. Staff proposes the following as features to incorporate into a new 162 zoning text amendment. 1. For units with 3 or less bedrooms and a covered parking space, require only two parking spaces. Additional guest parking may be needed based upon site design. 2. Applies to only buildings with a maximum of five units, larger projects would have to meet regular single-family attached or apartment requirements. 3. Allow for setback reductions for units fronting along the street like row houses. 4. Require the end unit, if the building is perpendicular to the street, to have a front entry and windows to the street to avoid blank walls. (previously discussed with Infill Workshop referencing Denver design issues with "slot homes") 5. Additional design criteria related to single family compatibility similar to duplex standards, if the building is in a single-family area. Staff believes the best option is to move forward with defining this new building type as described above and to determine whether to allow it in all zoning districts or only in medium and high- density areas at the time of approval of the final design requirements. Staff does not believe a PUD Overlay is needed and the building can be allowed through a Site Development Plan Review. STAFF COMMENTS: Both of the described development types will add options for additional housing diversity. Pocket Neighborhoods are likely a niche development type, but it would seem to be desirable and marketable in Ames with the number of people interested in nature, greenspaces, environmental sustainability, and smaller houses. Staff believes the Townhome Dwelling type will be a fairly common infill option for the planned Redirections Areas, particularly west and south of campus on individual lots that may currently have only one dwelling. The South Lincoln Mixed Use District has some existing examples that are architecturally similar to this concept, but these sites have more parking and were accessible from alleys. Staff believes it is important to reduce the parking requirement for this building type for it to succeed as a medium density infill strategy and to include required design characteristics similar to how the new duplex standards were created. Staff recommends that City Council initiate the following two separate text amendments for additional housing diversity options within the City. 1. A motion to modify the PUD Overlay to allow infill development on sites less than two acres and to create a new Pocket Neighborhood option with the general characteristics listed above. 2. A second is a motion to create a new Townhome Dwelling type designed as an infill housing option with design standards and reduced parking when covered parking is provided and to determine which zoning districts to allow this new dwelling type before the final text amendment is approved. If City Council initiates either or both of these recommendations, Planning Staff will begin drafting zoning text amendments for these changes this summer and proceed to the Planning and Zoning Commission for a recommendation and then return to City Council for approval of an ordinance. Staff does not anticipate any specific public outreach meetings to make these amendments. ATTACHMENT(S): 163 Attachment A -Pocket or Cottage Neighborhood Examples 164 Pocket Neighborhood Examples Highland Langley WA -By Jtmorgan - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=42757204 General Pocket Neighborhood Layout Option-City of Ames Staff Other development links examples https://www.tillamookrow.com/ https://pocket-neighborhoods.net/ https://www.microlifeinstitute.org/cottages City of Spokane-now repealed with rewrite of development standards: https://static.spokanecity.org/documents/business/residential/development-options/cottage-housing-overview-2018-02-12.pdf https://static.spokanecity.org/documents/projects/infill-housing-strategies-infill-development/cottage-housing-and-pocket-residential-code-revision-summary-2017-11-02.pdf Example from Kansas City Municipal Code -88-110-06-C. BUILDING-TYPE SPECIFIC STANDARDS- 2. COTTAGE HOUSE 165 ITEM #:31 DATE:06-11-24 DEPT:Police SUBJECT:REQUEST FROM THE ALCOHOLIC BEVERAGES DIVISION TO PROVIDE A RESPONSE REGARDING THE STATUS OF THE CLASS C RETAIL LICENSE - CELAYA, 217 SOUTH DUFF COUNCIL ACTION FORM BACKGROUND: The Alcoholic Beverages Division of the Iowa Department of Revenue (ABD) is considering the revocation of Celaya's liquor license due to the number of compliance check failures at the restaurant in the last year. As an alternative to revocation, ABD is also considering allowing Celaya to surrender their liquor license for a period of time. A review of the police records for past 12 months found four consecutive compliance check failures: September 30, 2023, November 3, 2023, November 17, 2023, and February 23, 2024. As a reminder, the Police Department conducts compliance checks for establishments who hold liquor licenses in the City of Ames. The compliance checks are completed by taking a person under the legal age to liquor licenses establishments who then attempts to purchase alcohol using their state-issued identification. A business passes the check if the employee asks for identification and rightly refuses the purchase. An establishment fails the compliance check if the employee sells alcohol to the underage person without exercising reasonable care to ascertain whether the person is under legal age. On September 30, 2023, two minors entered Celaya and ordered alcoholic drinks which were then served to them. While the waiter asked for IDs, he failed to determine that their IDs showed them to be underage. When officers wrote the citation they also gave the waiter information on our ID talks. On November 3, 2023, two minors entered Celaya and ordered alcoholic drinks which were then served to them. While the waiter asked for IDs, he failed to determine their IDs showed them to be underage. The waiter said the restaurant was busy and this contributed to his failure to recognize the IDs showed both to be underage to purchase alcohol. On November 17, 2023, two minors entered Celaya and ordered alcoholic drinks which were then served to them. The waiter did not ask for ID nor ask their age. On December 13, 2023, after the third failure, police department staff met with the owner, Kevin Fajardo to speak with him about the liquor laws and the consequences of the numerous failed compliance checks. The owner was given the Iowa code sections pertaining to liquor license revocations as well as information on ID trainings provided by the Ames PD and IPACT. Only one employee has attended an ID training provided by Ames PD, but this was over one year ago. On February 23, 2024, two minors entered Celaya and ordered alcoholic drinks which were then served to them. The waitress did not ask for IDs nor ask their age. Celaya did pass the most recent follow-up compliance check on April 12, 2024. Due to the four compliance check failures in less than 6 months, ABD is moving forward with 166 sanctions. Ownership of Celaya has offered to surrender their license for a period of time. Surrendering their license would allow Celaya to re-apply for a license once the period of surrender has ended rather than serving a two-year revocation period. ABD is seeking the City Council's opinion prior to finalizing any settlement with Celaya. ABD is deciding whether to move forward with revocation of Celaya's liquor license as provided in the Iowa Code or allowing a period of surrender. The attorney for Celaya has also requested the City's opinion as to whether the City would allow a renewed license after the surrender period is over and if so, what the City would recommend as a surrender period. Iowa Code section 123.50(3)(d) states that: "A fourth violation [involving the sale of alcohol to a person under the legal age] within three years s h a l l result in revocation of the license." (emphasis added). Under Iowa Code section 123.40, a revocation would prevent the premises of the license holder from being relicensed for a period of one year. Further, the license holder would not be allowed to hold a liquor license in the state for a period of two years. Therefore, it is the recommendation of the Chief of Police that the City Council ask ABD to move forward with revocation. Celaya was given ample time and information to make necessary changes to ensure they were not selling or providing alcohol to minors. The City has no duty to educate local businesses regarding liquor laws but do so as an extra service. As a liquor license holder, it is the responsibility of the business to know and understand the laws applicable to their license and follow them. In addition, a recommendation of revocation is consistent with past recommendations of similar businesses in similar situations. ALTERNATIVES: 1. The City Council can recommend to the Alcoholic Beverages Division that it move forward with revocation of Celaya's Class C license. 2. The City Council can recommend to the Alcoholic Beverages Division a period of time for surrender of Celaya's Class C license. 3. The City Council can take no action or provide guidance to the Alcoholic Beverages Division on Celaya's Class C license. CITY MANAGER'S RECOMMENDED ACTION: Ames Police Department and ABD conduct compliance checks to ensure liquor license holders are complying with their obligation to not sell alcohol to underage individuals. Celaya, has failed four such compliance checks in less than three years, in fact, less than six months. Iowa Code section 123.50(3)(d) states that: "A fourth violation within three years s h a l l result in revocation of the license." (emphasis added). Under Iowa Code section 123.40, a revocation would prevent the premises of the license holder from being relicensed for a period of one year. Further, the license holder would not be allowed to hold a liquor license in the state for a period of two years. It is consistent with past actions of the City Council for the City Council to recommend that ABD move forward with revocation. Therefore, it is the recommendation of the City Manager that the City Council support the recommendation of the Chief of Police to approve Alternative No. 1, as noted above. 167 ITEM #:32 DATE:06-11-24 DEPT:P&H SUBJECT:TEXT AMENDMENT TO THE ZONING ORDINANCE FOR A NEW EXCEPTION AND RELATED STANDARDS FOR OUTDOOR STORAGE IN THE GENERAL INDUSTRIAL (GI) ZONING DISTRICT COUNCIL ACTION FORM BACKGROUND: The City Council first reviewed a memo from staff on March 26, 2024, that addressed a request by the Kiwanis to consider relief from zoning standards for their outdoor semi-trailer paper recycling operation. Council directed that the item be placed on an agenda for discussion. On April 9, 2024, Council received a staff report from the Planning & Housing Department outlining several options. After discussion, Council directed staff to create an exception process related to outdoor storage that would then potentially allow the Kiwanis use to continue at the present location on a General Industrially zoned lot at 803 E. Lincoln Way. Ames Golden K Kiwanis Club utilizes a semi-trailer at 803 E. Lincoln Way for collecting paper for recycling. When the trailer is full, it is driven away to an off-site recycling center and is replaced by an empty trailer. The recycling operation generates funds that Kiwanis donates to local charities. However, the current operation does not comply with the following sections of General Industrial “GI” Zoning District: The semi-trailer used by Kiwanis for paper collection and storage is parked across a side property line (with 919 E. Lincoln Way), where the GI district requires a 12-foot setback from a side property line. The semi-trailer is parked on gravel. City code requires vehicle maneuvering areas, parking lots and driveways to be paved. This gravel was placed on the lot without the benefit of staff review between 2017 and 2019, according to aerials. It should be noted that the proposed change is in response to the situation described above, but it would be applicable to all General Industrial properties. Ultimately, approval will be subject to a case-by-case consideration by the Zoning Board of Adjustment. PROPOSED ORDINANCE: An additional Exceptions section for outdoor storage has been added to the Zoning Ordinance. Exceptions are considered minor adjustments to zoning standards. This differs from a variance where a strict set of hardship criteria apply. Staff is proposing to create an outdoor storage exception with the following criteria. Sec. 29.901 - General Industrial (GI) Zoning District (5) Outdoor Storage. a. Within the GI zoning district, outdoor storage is permitted so long as it complies with the 168 minimum setbacks, as required in Sec. 29.405. b. The Zoning Board of Adjustment may grant exceptions to minimum side and rear setbacks for GI outdoor storage if the following conditions are met: i. The subject property line abuts another industrial zoning district, ii. Adequate buffering, screening, or setbacks are provided if deemed necessary due to the surroundings, iii. The exception is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community, iv. The exception does not alter the applicant’s obligation to comply with other applicable laws or regulations, and v. That a reduction of side or rear setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. The proposed changes create a means of seeking approval of a permit for Kiwanis to maintain their current operations at the existing location on E. Lincoln Way. Approval of the ordinance does not guarantee that no modifications to the site won't be required as part of the permit review by the Zoning Board of Adjustment. PLANNING & ZONING COMMISSION : On May 15, 2024, the Planning and Zoning Commission reviewed the proposed ordinance. A representative of Kiwanis, John Slaughter, noted support in general for the change but also requested to the P&Z that the paper-collection trailer be allowed to remain in its exact location where it crosses the property line. The Commision did not request changes to the proposed language and voted 5-0-0 to recommend that the City Council adopt the changes presented by staff and as attached to this report. ALTERNATIVES: 1. Approve on first reading the text amendments to the General Industrial (GI) Zoning District in Sec. 29.901 and the Exceptions standards in Sec. 29.1506 as shown in Attachment C. 2. Approve on first reading a text amendments to the General Industrial (GI) Zoning District in Sec. 29.901 and the Exceptions standards in Sec. 29.1506 different from what is shown in Attachment C. 3. Decline to approve the draft ordinance. CITY MANAGER'S RECOMMENDED ACTION: The proposed changes to the Exceptions requirements create an avenue for Kiwanis to apply to stay at their current location. Assuming that an exception is granted by the Zoning Board of Adjustment, the paper recycling trailer would still need to comply with the standards set forth in the Zoning Code and as permitted by the ZBA. The exception is narrowly tailored, though it could provide relief to other properties in the GI Zoning District as well. Staff does not foresee that allowing outdoor storage closer to property lines will cause a nuisance or have adverse effects because of the individual review and permitting process. The notice process of the hearing with the ZBA allows for potentially impacted neighboring properties to have a voice in the process. Therefore, it is the recommendation of the City Manager that City Council approve Alternative 1. 169 ATTACHMENT(S): Attachment A.pdf Attachment B.pdf Attachment C.pdf DRAFT Zoning Text Amendment to allow Outdoor Storage in GI zone.PDF 170 Attachment A Request to Council 171 172 Attachment B Map of 803 & 191 E. Lincoln Way 173 Attachment C Proposed Zoning Code Requirements for Exceptions in “GI” General Industrial Zoning Sec. 29.901. "GI" GENERAL INDUSTRIAL ZONE. (1) Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures safe, functional, efficient and environmentally sound operations. (2) Permitted Uses. The uses permitted in the GI Zone are set forth in Table 29.901(2) below: Table 29.901(2) General Industrial (GI) Zone Uses USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES N -- -- OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Services - General Uses Greater than one 3,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Automotive and Marine Craft Uses greater than one 10,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Entertainment, Restaurant and Recreation – General N -- -- Banquet halls, and Exhibition and meeting areas Y when in combination with manufacturing and processing industrial uses on the same lot or parcel SDP Minor Staff Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing Y* SDP Minor Staff 174 *Except Major Industrial Groups 28 & 29 Resource Production/Extraction Y SDP Minor Staff Warehousing/Freight Storage Y SDP Minor Staff Industrial Service (except Salvage Yards) Y SDP Minor Staff Salvage Yards See Sections 29.1306 and 29.1503 Y SP ZBA Waste-Processing and Transfer Y SP ZBA INSTITUTIONAL USES Child Day Care Facilities and Vocational/Technical High Schools Y SDP Minor Staff Colleges and Universities Y SP ZBA TRANSPORTATION, COMMUNICATIONS, AND ESSENTIAL SERVICES *Except Passenger Terminals Y* SDP Minor Staff Personal Wireless Communication Facilities Y SP ZBA MISCELLANEOUS USES Adult Entertainment Facilities N -- -- Commercial Outdoor Recreation N -- -- Detention Facilities Y SP ZBA Major Event Entertainment N -- -- Vehicle Servicing Facilities Y SDP Minor Staff Sports Practice Facilities (Indoor Only) Y SP ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major = Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment (3) Zone Development Standards. The zone development standards applicable in the GI Zone are set forth in Table 29.901(3) below: Table 29.901(3) General Industrial (GI) Zone Development Standards DEVELOPMENT STANDARDS GI ZONE Minimum Lot Area No limit Minimum Frontage 25 ft. Minimum Building Setbacks Front Lot Line 175 Side and Rear Lot Lines Lot line abutting a Residentially Zoned Lot 10 ft.; 40 ft. if abutting an arterial street, except for a fuel pump canopy, which shall maintain a 10 ft. setback from an arterial street, measured from the front edge of the canopy 12 ft.; 40 ft. if abutting an arterial street except for a fuel pump canopy, which shall maintain a 10 ft. setback from an arterial street, measured from the front edge of the canopy 20 ft. Landscaping in Setbacks Abutting a Residentially-Zoned Lot 10 ft. minimum with Industrial screen and wall. See Section 20.403 Maximum Building Coverage 85% Minimum Landscaped Area 15% Maximum Height 100 ft. or 9 stories Parking Allowed Between Building and Streets Yes Drive-Through Facilities Permitted Yes. See Section 29.1303 Outdoor Display Permitted Yes. See Section 29.405 Outdoor Storage Permitted Yes. See Section 20.405 Trucks and Equipment Permitted Yes (4) Site Development Plan Requirements. (a) In addition to Minor or Major Site Development Plan submittals, a Use Analysis Report shall be prepared by the applicant that shows the following: (i) approximate number of employees; (ii) approximate utility needs and effect upon existing systems, e.g., projected water demand (Gallons Per Minute or Gallons Per Day), waste water generation (Gallons per Day + Chemical Oxygen Demand or Biochemical Oxygen Demand) electricity demand (Kilowatts), storm water increase (Cubic Feet Per Second), solid waste generation (tons); and... (iii) possible nuisance factors and means for alleviating those factors, such as noise, odor, smoke, dust, or fumes, vibration, heat. (b) No Site Development Plan approval will be issued for any use in the GI District if the determination is made by the approving authority exercising independent judgment, that there is reason to believe that the proposed use or structure, as presented by the application, will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, water quality, street system capacity, heat or other condition detrimental to the public health and safety or reasonable use, enjoyment and value of other properties; or diminish the quality or quantity of any utility service presently provided by the City. Furthermore, no approval or permit shall be issued unless there is compliance with all other applicable City, state and federal regulations. (5) Outdoor Storage. 176 (a) Within the GI zoning district, outdoor storage is permitted so long as it complies with the minimum setbacks, as required in Sec. 29.405. (b) The Zoning Board of Adjustment may grant exceptions to minimum side and rear setbacks for GI outdoor storage if the following conditions are met: (i) The subject property line abuts another industrial zoning district, (ii) Adequate buffering, screening, or setbacks are provided if deemed necessary due to the surroundings, (iii) The exception is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community, (iv) The exception does not alter the applicant’s obligation to comply with other applicable laws or regulations, and (v) That a reduction of side or rear setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. Sec. 29.1506. EXCEPTIONS. (1) Purpose. This section is intended to provide for exceptions, pursuant to Sec. 414.12(2) of the Iowa Code, to the terms of the zoning ordinance upon which the Board is required to pass under the ordinance, to provide a set of procedures and establish standards to be met. (2) Submittal Requirements. In accordance with Sec. 29.1500(1)(a), Applicants must submit an application for an Exception to the Planning and Zoning Department for consideration by the Zoning Board of Adjustment. The Application for an Exception shall include the following: (a) The specific exception(s) being requested; (b) A statement of supporting evidence addressing each of the standards applicable to the exception being sought; and (c) Any pending site development plans to which the proposed exception is related, including a plat of the site and elevations of structures. (3) Procedure. Review of an application for an exception shall be considered by the Zoning Board of Adjustment at a public hearing conducted as a part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, publication, and posting in accordance with Sec. 29.1500(2)(d)(i), (ii), and (iii) above. The Zoning Board of Adjustment may approve, deny or modify the request. (4) When Authorized. The Zoning Board of Adjustment is authorized to grant the following exceptions: (a) Parking stall exceptions pursuant to Sec. 29.406(9)(c). (b) CSC minimum height exceptions pursuant to 29.809(4). (Ord. No. 3872, 03-07-06) (c) DSC minimum height and floor area ratio exceptions pursuant to Sec. 29.808(4). (d) Exceptions for minor area modifications. The Board is authorized to grant exceptions from the requirements of the zoning ordinance to allow minor area modifications for single family attached and detached dwellings that are existing in developed areas, but not in cases of new construction. These are authorized for the following situations: (i) reduction of required residential side yard setbacks for principal structures by no more than two feet; 177 (ii) reduction of required residential front and rear yard setbacks for principal structures by no more than five feet; (iii) reduction of minimum lot area requirements by no more than 10%; (iv) reduction of required residential front, rear and side yard setbacks without limit as required to provide handicapped access ramps to a dwelling; (v) reduction of front, rear, and side yard setbacks without limit to allow reconstruction of a historically accurate structure. (vi) extension of architectural features into a required building setback pursuant to Sec. 29.402(b) when the setback of the principal building is non-conforming. An approved minor area modification under this subsection shall: (A) provide for a minimum usable area, (B) preserve compatible open yard areas intended within the zone, and (C) ensure the aesthetic compatibility of the feature with the surroundings (e) Commercial Parking lot side and rear landscape setback requirement of 29.403. (f) Commercial Parking Lot area percentage requirement of 29.403. (g) For GI outdoor storage, minimum side and rear setbacks pursuant to Sec. 29.901(5)(b). (5) Review Criteria. Before an exception can be granted, the Board of Adjustment shall establish that the following standards have been or shall be satisfied: (a) Parking Stall Dimension Exceptions. The Board may grant specific limited exceptions to the minimum parking space and drive aisle dimensions in accordance with the standards set forth at Sec. 29.406(9)(c). (b) CSC Minimum Height Exceptions. The Board may grant exceptions to the minimum height requirements for buildings in the CSC districts in accordance with the standards set forth at 9.809(4). (c) DSC Minimum Stories and FAR exceptions. The Board may grant exceptions to the minimum number of stories and floor area ratio requirements for buildings in the DSC district in accordance with the standards set forth at 29.808(4) (d) Exceptions for Minor Area Modifications. The Board may grant specific limited exceptions for minor area modifications authorized under Sec. 29.1506(4)(c) where the Board finds: (i) Special circumstances or practical difficulties apply to the property such that the terms of the ordinance cannot be satisfied. (ii) The minor area modification will not be detrimental to the public health, safety, or general welfare. (iii) The minor area modification will not have a substantial negative impact upon neighboring properties. (iv) The minor area modification does not exceed the reduction limits established in the listing of minor area modification in Section 29.1506(4)(c)(i), (ii), or (iii) whether the limits are reached by a single exception or serial exceptions. (v) The minor area modification does not authorize a use or activity not otherwise expressly authorized by the regulations within the zoning district in which the property is located. (vi) The minor area modification is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community. (vii) The minor area modification is the minimum necessary to achieve the desired result. 178 (viii) The minor area modification does not alter the applicant’s obligation to comply with other applicable laws or regulations. (e) Recording of Minor Area Modifications. The applicant must record an approval of a minor area modification in the office of the country recorder in order to make effective the approval. (f) Commercial Parking lot side and rear landscape setback. All of the following criteria must be met for the Board to grant the exception and the overall site must comply with all development standards. (i) Adequate provisions for meeting required parking lot landscaped area and planting requirements have been made to account for the reduced parking lot setback. (ii) Providing the dimensional and location requirements of parking spaces necessary to serve the proposed use are not feasible while maintaining a setback for the parking lot. (iii) That the landscape standards in Section 29.403 allowing Planning Director alternative compliance and waiver authority are not appropriate to allow approval of a Site Development Plan. (iv) That a reduction of side or rear parking lot setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. (g) Commercial Parking lot and loading area landscape percentage. Within the CSC and DSC zoning district, parking lot driveways that principally serve covered parking and loading areas may have an exception approved to reduce landscaped area when there is inadequate space or site conditions to provide appropriate planters to meet landscaping requirements. (h) GI Outdoor Storage Exceptions. The Board may grant exceptions to minimum side and rear setbacks in accordance with the standards set forth in 29.901(5). 179 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, ENACTING NEW SECTIONS 29.901(5), 29.1506(4)(g) and 29.1506(5)(h) THEREOF, FOR THE PURPOSE OF ALLOWING OUTDOOR STORAGE USE IN THE GENERAL INDUSTRIAL (“GI”) ZONING DISTRICT 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 enacting new Sections 29.901(5), 29.1506(4)(g) and 29.1506(5)(h) as follows: “Sec. 29.901. "GI" GENERAL INDUSTRIAL ZONE. *** (5)GI Outdoor Storage. (a)Within the GI zoning district, outdoor storage is permitted so long as it complies with the minimum setbacks, as required in Sec. 29.405. (b)The Zoning Board of Adjustment may grant exceptions to minimum side and rear setbacks for GI outdoor storage if the following conditions are met: (i)The subject property line abuts another industrial zoning district, (ii)Adequate buffering, screening, or setbacks are provided if deemed necessary due to the surroundings, (iii)The exception is in conformity with the intent and purpose of the zoning ordinance and the general plan of the community, (iv)The exception does not alter the applicant’s obligation to comply with other applicable laws or regulations, and (v)That a reduction of side or rear setbacks will not impair or infringe upon the use of neighboring property or be detrimental to the public health, safety, or general welfare. *** Sec. 29.1506. EXCEPTIONS. *** (4)When Authorized.The Zoning Board of Adjustment is authorized to grant the following exceptions: *** (g) For GI outdoor storage, minimum side and rear setbacks pursuant to Sec. 29.901(5)(b). *** (5)Review Criteria.Before an exception can be granted, the Board of Adjustment shall establish that the following standards have been or shall be satisfied: *** (h)GI Outdoor Storage Exceptions. The Board may grant exceptions to minimum side and rear setbacks in accordance with the standards set forth in 29.901(5). ***.” 180 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 181 ITEM #:33 DATE:06-11-24 DEPT:P & H SUBJECT:REZONE THE PARCEL LOCATED AT 2212 OAKWOOD ROAD AND ADJACENT RIGHT-OF-WAY FROM AGRICULTURAL (A) TO SUBURBAN RESIDENTIAL LOW DENSITY FLOATING ZONE (FS-RL) COUNCIL ACTION FORM BACKGROUND: Nicholas and Cassie Cheney are requesting that the City of Ames rezone the property located at 2212 Oakwood Road from Agricultural (A) to Suburban Residential Low Density Floating Zone (FS-RL). The property includes an existing single-family dwelling, which was built in 1900 as a farmstead, and several accessory structures (see Attachment A for a location map and aerial imagery). The rezoning would allow an addition to the home at a reduced setback within FS-RL zoning (20- foot front setback to principal structure, 25-foot to garage face) compared to A zoning (50-foot front setback). See Attachment B for a map of current zoning and Attachment C for a map of the proposed zoning. Although the site is substantially larger than a typically FS-RL zoned lot (2.83 acres), only the one existing single-family home is permitted as a principal use on the site. Any other development for additional housing would require a subdivision or rezoning. City Council previously determined it was not necessary to have a Master Plan accompanying the rezoning request, given the limited nature of allowed uses and the proposed improvements. Typically, a rezoning to FS-RL requires a Master Plan when other development is planned. The addendum includes a discussion of the current zoning, adjacent land uses, infrastructure, and future land use. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed amendment at its May 15, 2024, meeting. The City provided mailed notice to all property owners within 200 feet of the subject property and placed a sign on the property, prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. The Commission did not have any questions or discuss the request after staff's presentation and there were no comments from the applicant or other members of the public. The Commission voted (5-0) to recommend the City Council rezone 2212 Oakwood Road and adjacent right-of-way from Agricultural (A) to Suburban Residential Low Density Floating Zone (FS-RL). 182 ALTERNATIVES: 1. Approve the first reading of the request to rezone 2212 Oakwood Road and adjacent right-of-way from Agricultural (A) to Suburban Residential Low Density Floating Zone (FS-RL) as illustrated on Attachment C. 2. Deny the request to rezone. 3. Defer action on this item and refer back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The request for rezoning is consistent with the Ames Plan 2040 proposed Future Land Use Map and adjacent land uses as described in the addendum. The current Ag zoning is not considered compatible with the Future Land Use Designation of Residential Neighborhood 3 (RN-3) (see Attachment D- Future Land Use Map and Attachment E-Ames Plan 2040 RN-3 Policy Table). While no further development is planned, the rezoning could allow for future development of similar character to that of the area and development compatible with the goals of the RN-3 designation. The rezoning will have no impacts on current infrastructure and City services for this parcel and only allow an addition to be constructed on the existing single-family dwelling at a reduced setback. Any future development would be required to meet development standards for the FS-RL zone and standards for subdivision design and improvements. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. ATTACHMENT(S): Addendum.pdf Attachments A - F .pdf 183 ADDENDUM REZONING BACKGROUND: Legal Description. Parcel M in the Southwest Quarter of the Southeast Quarter, Section 16, Township 83, Range 24, West of the 5th P.M., City of Ames, Story County, Iowa, Instrument No. 2020-06637, and adjacent Oakwood Road right-of-way. Current Zoning. The property is currently zoned Agricultural (A) as when a property is annexed into the City it receives this zoning as a default until such time that the property owner chooses to rezone. The property was annexed in 2019. Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Property Existing Primary Land Uses and Zoning Districts Subject Property Single-Family Residential – Agricultural (A) North Single-Family Residential – Residential Low Density (RL) East Single-Family Residential —Planned Residence with Residential Low Density (RL) Base Zone South Single-Family Residential – Planned Residence District (F- PRD) with Residential Low Density (RL) Base Zone West Single-Family Residential – Residential Low Density (RL) Surrounding developments include the Domani subdivision, located to the south and east. The Domani Subdivision was developed for single-family residences under a Planned Residence District with a Residential Low Density (RL) Base Zone. Adjacent properties to the north (Oakwood Subdivision) and west (Suncrest Subdivision) are also single- family developments in the RL district. These were developed in the late 1970s and 1990s, respectively. Ames Plan 2040. The Ames Plan 2040 Future Land Use Map designation for the property is Residential Neighborhood 3 (RN-3) (see Attachment D- Future Land Use Map). Plan 2040 describes these areas as containing a variety of residential types and neighborhood services. The characteristic of an RN-3 area is a conventional suburban layout of primarily single-family development at low and medium density. Attachment E includes the excerpt of Plan 2040 for the RN-3 designation including a full description of characteristics and applicable zoning districts. FS-RL is considered a compatible zoning district within the RN-3 land use classification (see Attachment E – RN-3 Policy Table). Staff believes the rezoning request is consistent with the goals and policies of Ames Plan 2040. 184 Proposed Zoning. The FS-RL zone is intended to provide supplemental standards to guide development beyond the base zone of Residential Low Density. These include for density, block lengths, and open space that would apply to a proposed development. Typically, the zone allows detached and attached single-family homes. Infrastructure. Impacts on infrastructure and City services for this parcel are not anticipated to change as no further development is proposed at this time. The existing dwelling is served by a private wastewater treatment and disposal system (septic) and well. Rezoning of a site does not require by default require a connection to City Infrastructure. Development of a site, (e.g. subdivision), would require extensions of infrastructure as needed to serve the development. City infrastructure is available to serve the property from adjacent developments and could be extended by the owner at their cost if future development is proposed. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by Cheney, Nicholas G. & Cassie J. The rezoning request applicant statement is included as Attachment F. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of RN-3 as identified on the Ames Plan 2040 Future Land Use Map and the use of the property will continue to be residential. 4. The proposed rezoning to FS-RL is consistent with the surrounding area where the primary development type is single-family residential developed under the RL base zoning district. 5. If development were proposed, it would require platting review to ensure that such development and intensity of use ensures a safe, functional, efficient, and environmentally sound operation and is consistent with the Development Standards and Regulations of the FS-RL Zone. 6. Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for the area. No intensification of use is anticipated with the proposed rezoning. 7. The Ames City Council determined a Master Plan was not required prior to the rezoning on April 23, 2024. 185 Public Notice. The City provided mailed notice to all property owners within 200 feet of the subject property, placed a sign on the property, and published notice in the newspaper prior to the City Council meeting in accordance with the notification requirements of Chapter 29. 186 1 Attachment A Aerial & Location Map 187 2 Attachment B Current Zoning Map (excerpt) 188 3 Attachment C Proposed Zoning Map (excerpt) 189 4 Attachment D Ames Plan 2040 Future Land Use Map Excerpt 190 5 Attachment E Ames Plan 2040 (excerpt) Residential Neighborhood 3 Policy Table 191 6 Attachment F Applicant’s Request 192 ITEM #:34 DATE:06-11-24 DEPT:FIRE SUBJECT:NUISANCE ASSESSMENTS - SNOW/ICE REMOVAL COUNCIL ACTION FORM BACKGROUND: After a snowfall, abutting property owners have the responsibility to remove snow and ice accumulations from the sidewalks. According to the Municipal Code, owners shall remove these accumulations within 10 daylight hours after the storm has stopped. If, after that time, sidewalks remain uncleared, the City may remove accumulations and assess the actual cost of the removal to the property owner. This action is performed on a complaint basis, except in a proactive enforcement area designated by the City Council. The boundaries of the proactive enforcement area are Ash Avenue on the east; Lincoln Way on the north; Sheldon Avenue and Hayward Avenue on the west; and Storm Street on the south. When violations are observed in this area (or when complaints are received for sidewalks outside the proactive enforcement area), notice is given to the abutting property owner that the City will clear the sidewalks if the owner has not done so within 24 hours of that notice. City staff has removed snow and/or ice at the property listed below. Also included is the name and address of the property owners and the cost associated with the snow/ice removal. The work was completed, and bills have been mailed to these individuals. To date, the bills have not been paid. A certified notice of this hearing was mailed to the property owners. Carl & David Galland $186.00 1010 Arizona Avenue Ames, IA 50014 Snow/ice removal for property located at 1010 Arizona Avenue Work performed on January 25, 2024 ALTERNATIVES: 1. Approve the assessment of costs for snow/ice removal to the property owners shown on the above list. The Finance Director will then prepare a spreadsheet on these assessments, and the City Clerk's Office will file the assessment with the Story County Treasurer for collection in the same manner as property taxes as provided for by the Code of Iowa. 2. Do not certify these costs to the County Treasurer and instead absorb the costs. CITY MANAGER'S RECOMMENDED ACTION: The property owners failed to clear their sidewalks even after receiving notice to do so and have neglected to pay the costs incurred by the City in making their sidewalks safe for public use. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 193 ITEM #:35 DATE:06-11-24 DEPT:FIRE SUBJECT:NUISANCE ASSESSMENT - SIDEWALK REPAIR LOCATED AT 2412 CAMDEN DRIVE COUNCIL ACTION FORM BACKGROUND: Property owners are required by law to maintain the sidewalks abutting their properties. When unsafe conditions are brought to the Citys attention, the property owner is notified of the need to repair or replace the unsafe section. If the sidewalk safety issue is still not addressed, the City arranges for the sidewalk to be repaired or replaced. The cost of that work is then assessed to the property owner. In this instance, a certified letter was sent, and the resident signed for it. The City notified Ms. Bauman in April and June 2023 that the sidewalk needed to be replaced. The City then hired a company in November 2023 to replace the sidewalk. Bills for this work have been mailed to the respective property owner and, to date, the bills have not been paid. Because of non-payment of the bill, a decision was made by staff to proceed with assessing the charges as a nuisance assessment under Iowa Code Section 5.403(2)(g). The process for nuisance assessments is followed in most cases when the City incurs expenses for maintenance of private property. A certified notice of this hearing has been mailed to the property owner. Betsy Bauman $2,300.00 2412 Camden Drive Ames, IA 50010 Sidewalk replacement/repair for property located at 2412 Camden Drive for work performed November 2023 Because this assessment amount is higher than the typical nuisance abatement assessment amount, the City Attorney has advised that the Council assess costs in a similar manner as street or utility improvements and allow the property owner to pay for the work performed over time. Staff is proposing that the assessment costs be paid over a term of 10 years, with an annual interest rate equal to the yield on a 10-year U.S. Treasury (4.29%). ALTERNATIVES: 1. The City Council can adopt a resolution assessing the costs to the property owner in accordance with the terms shown above. The Finance Director will then prepare a spread sheet on the assessment, and the City Clerk's Office will file the assessment with the Story County Treasurer for collection in the same manner as property taxes as provided for by the Code of Iowa. 2. The City Council can choose not to certify these costs to the County Treasurer and, instead, have the City absorb the cost. 194 CITY MANAGER'S RECOMMENDED ACTION: The City's longstanding policy is to require abutting property owners to maintain sidewalks adjacent to their properties. When that is not done, the City maintains safe public passage by carrying out the repairs or replacement and then assessing those costs to the respective property owners. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby assessing the costs of the sidewalk repair/replacement to the property owner shown above. 195 ITEM #:36 DATE:06-11-24 DEPT:PW SUBJECT:2024/25 RIGHT-OF-WAY RESTORATION PROGRAM COUNCIL ACTION FORM BACKGROUND: This program is for restoration of the right-of-way areas associated with various Capital Improvements Plan (CIP) projects. Disturbed ROW areas are restored using seed or dormant seed. Success using these various types of restoration techniques and greatly depends on the weather during and the time of installation. The ROW Restoration program allows the City to bring in one contractor who specializes in seeding to restore several locations with improved quality. Staff has seen success in the program and has utilized observations from previous programs to improve this year's plans and specifications to provide a better overall project for the contractors, field inspection staff, and residents of Ames. Locations included within this project are typically associated with recently completed capital improvement projects, along with other small projects as needed. On June 5th, 2024, bids for the project were received as follows: Bidder Base Bid Engineer’s Estimate $184,130.00 Alpha Landscapes $108,985.00 Tallgrass Land Stewardship $160,490.00 Stevens Erosion Control $113,272.50 Absolute Group $137,500.00 Country Landscapes $197,304.90 A summary of revenues and projected expenses is shown below: Funding Source Available Revenue Estimated Expenses Road Use Tax $125,000 Water Utility Fund $ 75,000 Sewer Utility Fund $ 75,000 Storm Sewer Utility Fund $ 50,000 ROW Restoration Contract $108,985 Engineering and Administration $ 30,000 TOTAL $325,000 $138,985 196 ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for the 2024/25 Right-of-Way Restoration Program. b. Approve the final plans and specifications for this project. c. Award the 2024/25 Right-of-Way Restoration Program to Alpha Landscapes of Johnston, IA, in the amount of $108,985.00. 2. Do not proceed with this project at this time. CITY MANAGER'S RECOMMENDED ACTION: Proceeding with this project will make it possible to begin restoration efforts for projects currently underway and projects planned for the 2024 spring construction season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 197 ITEM #:37 DATE:06-11-24 DEPT:PW SUBJECT:2024/25 CLEAR WATER DIVERSION PROGRAM COUNCIL ACTION FORM BACKGROUND: Clear water from sump pump footing drains can cause overloading and backups in the sanitary sewer, as well as increases in the volume of clean water that is treated at the Water Pollution Control Facility. The Clear Water Diversion program involves diverting footing drain discharge from sanitary sewers and reducing the number of sump pumps directly discharging over the back of curb in locations where no storm sewer exists. This diversion results in lower volumes of clean water needing treatment at the sewage treatment facility and reduced locations of ice buildup in the curb and gutter during the winter months. The location of the project will be Douglas Ave from 14th Street to 16th Street. On June 5th, 2024, bids for the project were received as follows: Bidder Base Bid Engineer’s Estimate $109,754 J&K Contracting $162,000 Iowa Water & Waste $ 90,681 Keller Excavating $ 91,400 On Track Construction $137,652 A summary of revenues and projected expenses are shown below: Funding Source Available Revenue Estimated Expenses Clear Water Diversion Program Carry Over $ 26,826 2023/24 Clear Water Diversion Program $ 50,000 2024/25 Clear Water Diversion Program $ 50,000 Construction (Iowa Water & Waste) $ 90,681 Engineering and Administration $ 16,000 TOTAL $126,826 $106,681 198 ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for the 2024/25 Clear Water Diversion Program. b. Approve the final plans and specifications for this project. c. Award the 2024/25 Clear Water Diversion program to Iowa Water & Waste Sytems of Ames, IA in the amount of $90,681 2. Do not proceed with this project at this time. CITY MANAGER'S RECOMMENDED ACTION: Completing this project results in decreasing operating and maintenance costs at the Water Pollution Control Facility and making safer road conditions during the winter months. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 199 ITEM #:38 DATE:06-11-24 DEPT:P&H SUBJECT:&NBSP;ZONING TEXT AMENDMENT TO ALLOW FOR PLANNING DIRECTOR APPROVAL OF 20% ALTERNATIVE DESIGN ADJUSTMENTS TO GENERAL AND BASE ZONE DEVELOPMENT STANDARDS COUNCIL ACTION FORM BACKGROUND: The City Council initially referred to staff a review of planning permitting processes and the history of zoning text amendments. A staff report describing the review authority, permitting processes, and zoning text amendments was presented to the Council on November 14, 2023. The requirements of zoning are primarily defined locally, but once established, state law governs how to amend standards or to grant variances and exceptions to zoning standards. Zoning by its nature is typically not flexible in its application and requires ordinance changes to modify requirements. Because of this, the City has amended the Zoning Ordinance 42+ times in response to developer- initiated issues since 2015. In recent months the City Council has set a goal of providing more flexibility and options for development. Part of the focus of the goal of flexibility is to allow for some variations of standards to help development projects move forward when it does not conflict with other City standards or to improve conditions for the site. Council directed staff to solicit developer feedback regarding development issues and report back on options for changes to zoning. City staff reported back findings from developer outreach efforts on March 18th regarding specific development standards and the potential value of a 20% alternative design option to allow for adjustments to certain numeric standards. At the March 18th City Council meeting, the City Council directed staff to prepare an ordinance for allowing an administrative exception process (alternative design) that permits up to a 20% allowance to deviate from the numeric standards of Base Zones, certain other Special Purpose and Overlay zones, and the Article 4 development standards. (See Attached Summary Chart). DEVELOPMENT STANDARDS; Under state law, a variance to zoning standards is a process of providing relief for a hardship to a specific property, and it is a responsibility of the Zoning Board of Adjustment to approve or deny such an application based upon formal criteria. However, zoning for “use” can be distinguished from building and site development standards within in a zoning ordinance, and an exception or alternative approval process can be utilized differentiated from a true variance. Currently, the City has some minor exceptions (parking dimensions, setbacks encroachments, etc.) that are reviewed by the Zoning Board of Adjustment. Staff has minimal discretion to vary from any development standards. As a result of this distinction, the proposed ordinance is written to apply to only identified development standards and as an Alternative Design approval process. This process can be applied to any site development plan or zoning permit, but the adjustment must be approved in writing by the Planning Director. This means that it is a case-by-case review of the request, and it is not a unilateral 20% reduction of all standards for all existing sites and future sites. 200 The City’s Zoning Ordinance identifies uses and development standards by both zoning district and as general standards applicable to all sites. Generally, the City uses Base Zones for the majority of the City and uses specialized overlays and special purpose districts for unique areas to address more specific or unique issues. A large part of development review process is guided by the tables in the base zone standards for setbacks, design standards, lot coverage, storage area, etc. The general development standards in Chapter 29, Article 4 in the Ames Municipal Code address issues that apply city-wide, generally independent of individual zoning districts. These issues relate to fences, screening, parking, landscaping, accessory buildings, and other individual requirements. See Attachments B & C for a summary of the numeric design items in both the Base Zones and Article 4 General Development Guidelines. The Base Zones and Article 4 of the Code often end up determining the majority of site layout as well as the restrictions that guide how elements of the site are developed. The draft ordinance (Attachment A) identifies which types of standards can be adjusted and a specific list of issues that are not eligible. Non-eligible requests in include fence height, density, Accessary Dwelling Units and Duplex standards, lighting output, rock size in Campustown Service Center, building story limitations, and certain parking/driveway location and design requirements for vehicle maneuvering. As part of background research, staff reviewed other cities in Iowa to see what options they offered for flexibility. Cities such as Des Moines, Cedar Rapids and Iowa City have allowances for deviations or waivers of a given amount to be issued Administratively by staff. This analysis indicated that the 20% adjustment allowance is a common practice. ATERNATIVE DESIGN PROCESS: The draft ordinance includes some minor changes to Article 1 and Article 3 of the Zoning Code to help define the authority for 20% adjustment process. The permitting criteria themselves are part of Article 15, Site Devlopment Plan Permit process. (See new Section 29.1502(7)) The proposed permitting process requires Planning Director consideration of general criteria to ascertain that a need for the adjustment exists or the alternative design is equal to or better than the current standards. The process will be administered through staff approvals. If a project requires a hearing, the same 20% allowance will be available for approval by the respective approval authority of a site development plan if it is not staff. Importantly, the approval of design alternative must be in writing by the Planning Director and accompany the actual permit approval for a project. This means that an applicant cannot just choose to adjust the plan in the field without conforming to the approved standards and the approved permit. Although staff will provide for a preliminary determination process to assist applicant early in the process, the approval of an alternative will only be valid with approval of an actual Zoning Permit or Site Development Plan Permit. If the alterative design is not approved by the Director, the typical appeal process related to the permit type will apply. The draft ordinance allows for any remainder of a whole numeric number related to a unit, such as a parking space, to be rounded to the nearest whole number to the benefit of the applicant. For example, a 0.3 reduction of parking spaces would mean 1 space reduction. As a result of staff review of other sections that are not included in this process, staff proposes to 201 relocate the drive thru separation standard to Article 4 from Article 13 to allow it to be part of the alternative exception process. Ultimately, nothing in these new standards will change the authority of the Zoning Board of Adjustment with regard to existing Exceptions, Variances, Minor Area Modifications or Special Use Permits. PLANNING & ZONING COMMISSION RECOMENDATION: At the May 15th Planning & Zoning Commission meeting the Commission reviewed and discussed the proposed standards and general draft language. The Commission reviewed and discussed two separate options for how the ordinance could be structured. The first Option was the proposed approval criteria and standards that are being considered by City Council in this report. The second Option was to narrow the range of adjustments and provide a specific list of standards that could qualify and as a result minimal review criteria. After discussion of the intent of the changes, the Commission ultimately determined that Option 1 providing for more distinct criteria and a broader range of standards was most appropriate. The Planning & Zoning voted 4-0 to recommend the City Council adopt the proposed standards. ALTERNATIVES: 1. City Council can approve on first reading an ordinance that establishes criteria for considering a 20% alternative design for specified base zone and numeric development standards of Article 4 as outlined in the attached draft ordinance. 2. City Council can direct staff to modify the requirements for the 20% alternative design process or standards and approve the ordinance on first reading. 3. City Council could take no action to approve the draft ordinance and direct staff how to proceed. CITY MANAGER'S RECOMMENDED ACTION: Based upon City Council's intent to create additional flexibly within the Zoning Ordinance balanced with maintaining the positive elements of our current standards, the proposed 20% alternative design approach is being recommended. The proposal allows for a fairly large range of issues that could be adjusted through an administrative process. This process allows staff to assess the merits or the request and balance it with other expectations. The criteria for approval are general and will require the exercise of discretion by the Planning Director. Not all requests will likely be approved even though the goal is to be open to flexible application of requirements and new alternative design options. Staff believes this will provide for some flexibility for straightforward development issues, but as noted in the original review or permitting and zoning text amendment, it will not relieve Council from many of the text amendments that they have reviewed that are use based, fundamental standards, or processes within the Zoning Ordinance. Therefore, it is the recommendation of the City Manager that the City Council approval of Alternative #1. ATTACHMENT(S): Attachment A Draft Ordinance (Site Design Standards) Eligible Base Zone Chart.pdf Attachment B.pdf 202 Attachment C.pdf 203 ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.101, 29.103(2), 29.303, 29.305(3) AND 29.1501(3)(d)AND ENACTING A NEW SECTION 29.1502(7) AND REPEALLING SECTION 29.1303 AND ENACTING A NEW SECTION 29.414 THEREOF, FOR THE PURPOSE OF ESTABLISHING ALTERNATIVE DESIGN REVIEW FOR NUMERIC OR SITE DESIGN STANDARD ADJUSTMENT UP TO 20% APPROVAL OF PLANNING DIRECTOR AND DRIVE-THROUGH FACILITIY STANDARDS REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 29.1502(7) and Section 29.414, as follows: “Sec. 29.101. STATUTORY AUTHORIZATION. The provisions of Section 414.4 of the Iowa Code, as amended, authorize the City Council to determine, establish and enforce the regulations, restrictions of buildings and land, and for and the boundaries of the Zones set forth in the Ordinance. *** Sec. 29.103. VALIDITY, SEVERABILITY & EFFECTIVE DATE. *** (2)Effective Date. The Ordinance shall be in full force and effect from and after its enactment in accordance with Section 414.4 of the Iowa Code. *** Sec. 29.303. GENERAL DEVELOPMENT STANDARDS AND ZONING REGULATIONS. *** Sec. 29.305. APPLICATION OF DEVELOPMENT STANDARDS. No structure shall be constructed or altered or use of land established or altered except in conformance with all applicable Development Standards. Alternative Design Review for certain Development Standards must be approved per requirements of Article 15. Any site previously developed that does not conform to the Development Standards of this ordinance without approval of an Alternative Design approval shall be considered nonconforming as defined within Article 3. This Ordinance provides for Development Standards as follows: (1)General Development Standards. General Development Standards are applicable to development in all zones and are set forth in Article 4. (2)Zone Development Standards. Zone Development Standards are applicable to development in each zone and are set forth in the Articles and Sections describing each zone or district. 204 (3)Special Use Standards. Special individual uses have additional development standards and use regulations as established within Article 13. *** Sec. 29.4141303. DRIVE-THROUGH FACILITIES. All Drive-Through Facilities, whether primary or accessory uses, must comply with the following conditions: (1)Setbacks and Landscaping.Stacking lanes and driveways are parking lot areas for conformance to development standards. Stacking lanes for a Drive-Through Facility must be setback at least 5 feet from all lot lines. Where the setback abuts a Residential Zone, the setback must be landscaped to at least the High Screen Standard. (2)Design and Layout. Stacking lanes must be designed to provide adequate on-site maneuvering, queuing, and circulation area, so that stacking vehicles will neither impede traffic on abutting streets nor interfere with vehicle circulation. *** Sec. 29.1501. BUILDING/ZONING PERMIT. *** (3)Procedures. *** (d)Alternative Design Review. Prior to approval of a Building/Zoning Permit, approval in writing of an Alternative Design may be approved by the Planning Director per the standards of 19.1502(7). *** Sec.29.1502 SITE DEVELOPMENT PLAN REVIEW. *** (7)Alternative Design Review. (a)Any Numeric Zoning Development Standard or General Design Standard regulations identified in this Section may be adjusted up to 20% by approval of the Planning Director if the following criteria are met: (i)Whether the requested adjustment, and combination and totality of adjustments, are consistent with all relevant purpose and intent statements of this ordinance. (ii)Whether there is an operational need or desirable benefit to the project. (iii)Whether the requested alternative offsets the effect of the request by providing something of equal or better consistency of intent of the requirement or zoning district ( (iv)Whether the requested exception will have a substantial or undue adverse effect upon adjacent property, the character of the surrounding area or the public health, safety and general welfare; (v)Other factors determined relevant by the planning director, planning and zoning commission, or city council as applicable. (b) Alternative design approvals must be applied for as a part of the applicable permit process. Only alternative design approvals issued in writing are valid adjustments to zoning and development standards. (i).All numeric remainders after a 20% adjustment is calculated will be rounded to the nearest whole number that achieves the intended 20% adjustment. 205 (c)Eligible Zoning Districts and Development Standards: (i)All Article 6 Agricultural Zones (ii)All Article 7 Residential Zones (iii)All Article 8 Commercial Zones (iv)All Article 9 Industrial Zones (v)South Lincoln Sub Area Mixed Use District (vi)Southeast Entryway Gateway Overlay (vii)Southwest Gateway Overlay (viii)FS Suburban Residential Zones (ix)Article 4 Development Standards (x)F-VR Village Residential Development Standards (d)Ineligible standards. The following standards in Chapter 29 of the Municipal Code are not eligible: (i)Density (including lot area per unit) (ii)Location of and paving of vehicle maneuvering areas and driveways in a front yard (iii)Minimum lot frontage (iv)Rock size limitations in Campustown Service Center Standards (v)Lighting output standards (vi)Fence Height Limitations (vii)Dwelling Design Standards of 29.409 and 29.410. (viii)Building Story Limitations ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. _______________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 206 Eligible Base Zones Zoning Designation Zone Type District Type All Article 6 Agricultural Zones Agricultural Base Zones All Article 7 Residential Zones Residential (RL, UCRM, RM,RH) Base Zones All Article 8 Commercial Zones Commercial (HOC, CSC, NC, DSC, CVCN, CGS) Base Zones All Article 9 Industrial Zones Industrial (IG, PI, II, RI Base Zones South Lincoln Sub Area Mixed Use District Mixed Use Special Purpose District Southeast Entryway Gateway Overlay Commercial Overlay Zone Southwest Gateway Overlay Commercial Overlay Zone FS Suburban Residential Zone Residential (FS-RL, FS- RM) Floating Suburban Residential Base Zone and General Standards Article 4 Development Standards Covers All 207 Attachment B- Article 4 General Development Standards- Eligible  Landscaping Standards- Front Yard, Parking Lots, buffers. Includes quantities of Trees, Shrubs and Grasses, Planter depths, Island size, Front Yard Diversity amounts, Tree Separation Distances  Parking Ratios That Determine Number of Required Stalls  Parking and Access Standards such Front Yard Restrictions and Driveway Design Requirements  Outdoor Display Setbacks  Outdoor Storage Setbacks  Garages and Other Accessory Building Maximum Size and Setbacks. (Excluding ADU’s.)  Billboard Size, Location, Setbacks  Trash Screening Requirements  Other Setback Encroachment Allowances Listed in Article 4. 208 Attachment C- Base Zones Articles 6-9 Base Zone Development Standards- Eligible  Minimum Open Space Percentage  Front, Side and Rear Yard Setbacks  Building Height Minimums and Maximums  FAR (Floor Area Ratio)  Total Lot Size Area  Building Coverage/Impervious Coverage Limitations  Parking Location Restrictions and Allowances in Front Yards  Building Material Percentages  Other Architectural Standard Numeric Requirements  Landscaping Buffer Height Abutting Dissimilar Use Zone.  Commercial Design Guidelines, E.g. for NC and CGS zoning. 209 ITEM #:39 DATE:06-11-24 DEPT:P&H SUBJECT:ZONING TEXT AMENDMENT TO MAKE UPDATES TO CHAPTER 9 FLOOD PLAIN ZONING REGULATIONS COUNCIL ACTION FORM BACKGROUND: The proposed amendments are the result of a routine review by the Iowa Department of Natural Resources (DNR). The City of Ames participates in the National Flood Insurance Program (NFIP). Because of this, property owners in the City are eligible to purchase flood insurance to protect their structures and contents. To participate in the NFIP, the City is obligated to regulate development so as to reduce the risks of loss of life, personal injury, and property damage. The City has adopted an ordinance that regulates development in the flood plain and maps that identify the flood plain for specified waterways throughout the City. The City of Ames administers its Floodplain regulations under delegated authority of the Iowa DNR and the Federal Emergency Management Agency (FEMA). Approximately every 5 years the City receives a Community Assistance Visit from the Iowa DNR as part of a regular process of 1) staying up to date with the DNR floodplain management process, 2) reviewing Floodplain Development Permits, 3) reviewing the Floodplain Management Ordinance, and 4) helping the City discuss any matters or have any issues addressed that the DNR can assist with. DNR visited the City in March 2024. Some of the more significant existing standards of the City’s ordinance are requirements to have new buildings constructed/placed completely outside of the floodway and to have three feet of protection above the base flood elevation when located in the floodway fringe (100-year flood plain). Under certain circumstances existing nonconforming buildings require improvements to current flood protection requirements. Additional controls apply to other activities and improvements in the floodway and fringe. Under no circumstance may a project cause a rise in the base flood elevation of the floodway. At the conclusion of the recent visit, DNR provided the City with Ordinance updates it needs to complete in order to remain compliant with the NFIP. The primary proposed change is new language being added to addresses new regulations with regard to HVAC system installation for structures located within the 100-year Floodplain. The new language applies the protection requirement to the complete system, whereas only a water tight requirement previously. (See new Section 9.4 (2) k iii, iv) New language also is being inserted that updates the Administrative standards when conditions arise, or projects occur, that require changes to the Flood Map as a result of topographic changes. This means, if certain physical changes are made to a floodway, then the applicant or city is responsible for completing a flood study to update the maps. (See new Section 9.7 (1) b ix) Additionally, new language has been created by staff that identifies the delegated authority that the City has from the DNR to manage the floodplain per Iowa Code Chapter 455B. The City relies upon delegated authority of 455B and general zoning authority established by Iowa Code 414 for basis of its Chapter 9 Flood Plain Zoning Regulations. This reference of authority helps to clarify the applicable variance criteria in relation to 455B compared to standard zoning criteria related to 210 Chapter 414. This was a recent issue for a variance reviewed by the ZBA in this past winter and this reinforces clearly the basis of the review process and criteria. PLANNING AND ZOINING COMMISSION RECOMMENDATION: At the May 15th Planning & Zoning Commission reviewed the proposed changes. The commission members asked about the difference between the floodway versus the floodway fringe. Staff explained the difference. A question was asked if the changes are required for the City to be in compliance with the NFIP. Staff replied that the City must make the changes to comply with the program. Meeting the Commission voted 4-0 to recommend the City Council approve the changes and updates to Chapter 9. ALTERNATIVES: 1. City Council can approve on first reading the ordinance to amendment Chapter 9 of the Ames Municipal Code as shown in the attachment. 2. City Council can approve on first reading the ordinance to amendment Chapter 9 of the Ames Municipal Code with different language for the amendments. 3. City Council can decline to approve the draft ordinance on first reading and direct staff how to proceed. CITY MANAGER'S RECOMMENDED ACTION: Staff has consulted with DNR and reviewed the proposed text amendments to Chapter 9. The proposed changes are required in part by FEMA to participate in the NFIP and are being administered by the Iowa DNR . None of the new language or corrections create materially new requirements for City staff to administer with potentially the expectation of updating maps. This would be a very rare occurrence of events related to altering a waterway, such as realignment of a channel. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. ATTACHMENT(S): Ordinance (Chap 9 Floodplain).pdf 211 ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 9.1(1), 9.2(2), 9.4 (1)(3)(d), 9.5(2)(d)(k) and 9.7 (1)(b)(ix) THEREOF, FOR THE PURPOSE OF AMENDING FLOOD PLAIN ZONING REGULATIONS REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 9.1(1), 9.2(2), 9.4 (1)(3)(d), 9.5(2)(d)(k) and 9.7 (1)(b)(ix) as follows: “Sec. 9.1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSE. (1) Statutory Authorization. The legislature of the State of Iowa has, in Chapter 414 Code of Iowa, delegated the responsibility to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare. The legislature of the State of Iowa has granted jurisdiction to the Iowa Department of Natural Resources over water and floodplains in Chapter 455B Section 2 of the Code of Iowa. The Iowa Department of Natural Resources has delegated authority to local units of government in Chapter 455.276 of the Iowa Code. *** Sec. 9.2. GENERAL PROVISIONS. *** (2) Establishment of Official Flood Plain Zoning Map. The Story County, Iowa and Incorporated Areas Flood Insurance Rate Map (FIRM), City of Ames, The Flood Insurance Rate Maps (FIRMs) for Story County, Iowa and Incorporate Areas, City of Ames, Panels 19169C0135F, 0137G, 0139G, 0141F, 0142F, 0141G, 0142G, 0143G, 0144G, 0155F, 0161F, 0162F, 0163G, 0164F, 0168F, 0170F, 0256G, 0257G, 0276F, 0277F, dated January 15 2021, which were prepared as part of the Flood Insurance Study for Story County and digital FIRM equivalent are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. *** Sec. 9.4. FLOODWAY OVERLAY DISTRICT. (1) Permitted Uses. The following uses shall be permitted within the Floodway Overlay District to the extent they are not prohibited by any other ordinance or underlying zoning district regulation, and provided they do not include placement of habitable structures, factory-built homes, fill or other obstruction the storage of materials or equipment, excavation, or alteration of a watercourse (except as needed for public infrastructure): All development within the Floodway Overlay District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district regulation) and provided they do not include the placement of structures, factory-built homes, fill, obstructions, the storage materials or equipment, excavation, or alternation of a watercourse: *** (3) Performance Standards. All Floodway Overlay District development allowed as a Permitted Development shall meet the following standards: (d) Structures, buildings, recreational vehicles, and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. *** 212 Sec. 9.5. FLOODWAY FRINGE OVERLAY DISTRICT. *** (2) Performance Standards. (a) All Structures shall (i) be designed and adequately anchored to prevent flotation, collapse or lateral movement. *** (d) Factory-built homes: (i) Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. (i) All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement. Anchorage systems may include, but are not limited to, use of over-the-top or frame ties to ground anchors as required by the State Building Code. *** (k) For all new and substantially improved structures: (i) Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed registered professional engineer or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided, that they permit the automatic entry and exit of floodwaters. Such areas shall be used solely for parking of vehicles, building access, and low damage potential storage. d. All such areas shall be used solely for parking of vehicles, building access and low damage potential storage. (i)(ii) New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (ii) New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (iii) New and substantially improved structures shall be constructed with electric meter, electrical service panel box, hot water heater, heating, air conditioning, ventilation equipment (including ductwork), and other similar machinery and equipment elevated (or in the case of non-residential structures, optionally floodproofed to) a minimum of three (3) feet above the base flood elevation. (iv) New and substantially improved structures shall be constructed with plumbing, gas lines, water/gas meters and other similar service utilities either elevated (or in case of non-residential structures, optionally floodproofed to) a minimum of three (3) feet above the base flood elevation or designated to be watertight and withstand inundation to such a level. *** Sec. 9.7. ADMINISTRATION. (1) Appointment, Duties and Responsibilities of Flood Plain Administrator *** (b) Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: *** 213 (ix) Maintain the accuracy of the community’s Flood Insurance Rate Maps when; a. Development placed within the Floodway (Overlay) District results in any of the following: (i) An increase in the Base Flood Elevations, or (ii) Alternation to the floodway boundary b. Development placed in Zone A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or c. Development relocates or alters the channel. Within six (6) months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision. ***” 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 214 To:Mayor & City Council From:Planning & Housing Date:June 7, 2024 Subject:Zoning Text Amendment to allow Mixed-Use Development in the Research and Innovation Zoning District Item No. 40 MEMO The ordinance relating to a Zoning Text Amendment to allow Mixed-Use Development in the Research and Innovation Zoning District (ISU Research Park) is attached for your review and consideration for second reading. ATTACHMENT(S): DRAFT_zoning_text_amendment_for_limited_mixed-use_residential_in_RI_zone.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 215 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.903 AND TABLE 29.903(2) THEREOF, FOR THE PURPOSE OF ALLOWING FOR LIMITED MIXED-USE RESIDENTIAL DEVELOPMENT IN “RI” RESEARCH PARK INNOVATION DISTRICT REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 29.903 and corresponding Table 29.903(2) as follows: “Sec. 29.903. “RI” RESEARCH PARK INNOVATION DISTRICT (1) Purpose. This District supports development of an integrated commercial service and concentrated employment area to: (a) Allow for mixing of use and interaction of people to foster a collaborative environment; (b) Create a node of activity, including and commercial services and limited mixed-use residential development, for the district; (c) Design development to promote the new innovation district by integrating multi-modal transportation facilities, intensification of land use, and a wide range of office and research uses; and (d) Promote a high level of architectural and site design features that signify the commitment to innovation and investment through architecture with visual interest and unique identity, site design incorporating stewardship of natural resources, district layout and development supporting the pedestrian environment, and green building techniques demonstrating the commitment to sustainability. (2) Permitted Uses. The RI Zoning District is to be established by the City Council through the requirements of 29.1507. Hub Activity Area uses may only be allowed for properties that are consistent with a City Council approved master plan accompanying a rezoning request. A Hub Activity Area means an area of concentrated commercial uses providing support services intended primarily to provide service and retail uses supportive of the surrounding businesses and their employees. Limited mixed-use residential may be permitted in a Hub Activity Area with City Council approval. 216 The uses permitted in the RI Zone are set forth in Table 29.903(2) below: Table 29.903(2) RI Zone Uses USE CATEGORY STATUS APPROVALREQUIRED APPROVALAUTHORITY RESIDENTIAL USES Located within Hub Activity Area connection with or office use(s) that occupies at least 90% of the building’s ground-floor area. *** *** (b) Site Design Guidelines (i) Use site design to locate buildings and site improvement in manner that is supportive of the pedestrian environment. (ii) Coordinate building and parking in manner that is supportive of a transition to trails and pedestrian areas. (iii) Extend walkways to both public streets and trail system. (iv) Coordinate shared access points for lots to reduce driveway intersections along bike and pedestrian facilities. (v) Locate support areas such as mechanical areas, and storage areas, and accessory structures away from pedestrian areas and behind the principal building. (vi) Ensure mixed-use developments are compatible with, and do not detract from, the surrounding commercial, open space, and industrial uses. (vii) Multi-building sites within a Hub Activity Area shall emphasize building orientation to the street or to a publicly accessible open space. (c) Landscape Design Guidelines (i) Use landscape design to support sustainable site features, such as stormwater treatment and parking lot shading. (ii) Locate landscape areas in a manner which is complementary to adjacent open space Master Plan-designated Public Spaces areas in types of vegetation and planting. (iii) Incorporate vegetation that provides for screening of storage and equipment areas from trails, and streets, and mixed-use developments. (iv) Use landscape design to enhance pedestrian environments with shading of sidewalks and creating visual interest with art, trellis, gathering spaces, and interesting vegetation. (d) Architectural Design Guidelines (i) Identify and accentuate main building entrances with architectural elements or projections. (ii) Utilize high levels of glazing to identify areas of activity and interest for customers, employees, and public. Prefer location of office and other active uses as street sides of buildings to provide support for building identity and interest. 217 (iii) Building massing should distinguish building components through variations in height, building relief, and exterior materials. (iv) The architectural design guidelines are not mandatory for accessory structures. (v) Mixed-Use Development shall emphasize commercial space configurations and features over residential development features. This includes features such as first-floor 12-foot minimum floor to ceiling heights, commercial depths, and tenant spaces suitable for a broad range of uses, space for outdoor patios, and high levels of glazing. ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. ___________________________________ ____________________________________ Renee Hall, City Clerk John A. Haila, Mayor 218 To:Mayor & City Council From:Planning & Housing Date:May 24, 2024 Subject:Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit Item No. 41 MEMO ORDINANCE NO. 4530 relating to a Zoning Text Amendment for purpose of including Rock Climbing Facilities as a Miscellaneous Use within the General Industrial (GI) Zoning District by Special Use Permit is attached for your review and consideration for third reading and adoption. ATTACHMENT(S): Ordinance ZTA Rock Climbing Facilities.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 219 ORDINANCE NO.__________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.501(4)-7 AND 29.901(2) THEREOF, FOR THE PURPOSE OF INCLUDING ROCK CLIMBING FACILITIES FOR MISCELLANEOUS USES IN GENERAL INDUSTRIAL (GI) ZONE USES, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 29.501(4)-7 and 29.901(2) as follows: “Table 29.501(4)-7 MISCELLANEOUS USE CATEGORIES *** Rock Climbing Facilities Definition. Facilities dedicated to training and development of athletes and novices of all ages in rock climbing skills. Facilities may include individual drop-in, group appointments, classes, and scheduled events. Ancillary uses may include offices, sales area, and other related training facilities and equipment. *** Table 29.901(2) General Industrial (GI) Zone Uses USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY *** MISCELLANEOUS USES Adult Entertainment Facilities Commercial Outdoor Recreation Detention Facilities Major Event Entertainment Vehicle Servicing Facilities Sports Facilities (Indoor Only) Rock Climbing Facilities (Indoor Only) N N Y N Y Y Y -- -- SP -- SDP Minor SP SP -- -- ZBA -- Staff ZBA ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major =Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment ***” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. 220 Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 221 To:Mayor & City Council From:Police Department Date:June 7, 2024 Subject:Special Penalty for Game Day and Event Parking Item No. 42 MEMO ORDINANCE NO. 4531 Amending Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking is attached for your review and consideration for third reading an adoption. ATTACHMENT(S): amendment_to_game_day_parking_ordinance.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 222 ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 18.7A THEREOF, FOR THE PURPOSE OF ENACTING A SPECIAL PENALTY FOR EVENTS PARKING, 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 18.7A as follows: “18.7A. SPECIAL PENALTY FOR GAME DAY AND EVENTS PARKING (1) This special penalty applies in the “Game Day and Events Parking Area” as designated by a Resolution adopted by the City Council. (2) Notwithstanding the fine amounts stated in Section 18.7 (parking violations), a special penalty of forty dollars ($40.00) shall be applied to violations occurring on the date of Iowa State University home football games from the hours of 6:00 a.m. to midnight. This special penalty shall also be applied during dates and times designated by City Council resolution for events occurring in the Game Day and Events Parking Area. However, iIf the special penalty fine is paid within the first seven (7) days of the date of violation, five dollars ($5.00) of the fine amount will be waived. Any fines that remain unpaid after thirty (30) days from the date of the violation will be deemed contested and may be prosecuted. (3) This special penalty applies to all parking violations within the Game Day and Events Parking Area except for violations of Section 18.18(1) (persons with disabilities parking).” 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 223