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HomeMy WebLinkAbout~Master - May 14, 2024, Regular Meeting of the Ames City Council1 .Proclamation for "Peace Officers' Memorial Day," May 15, 2024 2.Proclamation for "National Public Works Week," May 19-25, 2024 3.Proclamation for "Poppy Days," May 24-25, 2024 4.Motion approving payment of claims 5.Motion approving Summary of Minutes of Regular City Council Meeting on April 23, 2024, and Special Meeting on April 16, 2023 6.Motion approving Civil Service Candidates 7.Motion approving Report of Change Orders for period April 16-30, 2024 8.Motion approving new 14-Day (May 12, 2024 - May 25, 2024) Class C Retail Alcohol License with Outdoor Service - Jack Trice Stadium, 1732 Jack Trice Way 9.Motion approving new 5 - Day (June 10 - June 14, 2024) Special Class C Retail Alcohol License - Cloud Wine, LLC, 2801 Grand Avenue 10.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. North Grand Cinema, (2801 Grand Avenue), Special Class C Retail Alcohol License, Pending Dramshop Review b. Octagon Center for the Arts, (427 Douglas Avenue), Special Class C Retail Alcohol License with Outdoor Service c. Casey's General Store #2298, (428 Lincoln Way), Class E Retail Alcohol License d. Gateway Hotel and Conference Center, LLC, (2100 Green Hills Drive), Special Class C Retail Alcohol License e. Hy-Vee Fast and Fresh #2, (4018 Lincoln Way), Class E Retail Alcohol License f. Ichiban, (117 Welch Avenue), Class C Liquor License, Pending Dramshop Review 11.Resolution approving appointment to Historic Preservation Commission 12.Resolution approving appointment of ex officio ISU Student Liaison to City Council 13.Resolution approving appointments of Iowa State University Student Government representatives to the Ames Transit Agency Board of Trustees 14.Resolution approving request from Story County Auditor for parking waiver(s) for election day parking on June 4, 2024 15.Requests from Ames Patriotic Council for Memorial Day Parade on Monday, May 27, 2024: AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL MAY 14, 2024 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. PROCLAMATIONS: CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 a. Motion approving blanket Temporary Obstruction Permit for closed area b. Resolution approving closure of Pearle Avenue and 5th Street from east of Pearle Avenue through Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for parade line-up c. Resolution approving temporary closure of Clark Avenue from 5th to 9th Street between 10:30 a.m. and 11:00 a.m. for movement of the parade d. Resolution approving temporary closure of 9th Street between Clark Avenue and Maxwell Avenue from 10:45 a.m. to 11:00 a.m. for movement of the parade e. Resolution approving temporary closure of 6th Street at Clark Avenue and Duff Avenue at 9th Street, as parade moves through those intersections 16.Resolution approving Plat of Survey (Boundary Line Adjustment) for 25016 Sand Hill Trail & Parcel to the South 17.Resolution approving amendment to FY 2023/24 ASSET Contract with The Salvation Army to add $40,000 for temporary emergency shelter services 18.Resolution approving request to modify the City's FY 2023/24 ASSET contract with Heartland of Story County 19.Ames International Partner Cities Association: a. Resolution amending FY 2023/24 contract for services b. Resolution authorizing payment of $476 for services delivered under FY 2022/23 contract for services 20.Resolution approving Professional Services Agreement with HR Green, Inc. of Johnston, Iowa for the Intelligent Transportation Systems Program (Phase 4) in an amount not to exceed $241,150 21.Resolution approving Iowa DOT Iowa Clean Air Attainment Program agreement for $1,521,280 for the Intelligent Transportation Systems Program (Phase 4) 22.Resolution approving the purchase of NoTraffic Video/Radar Detection Systems from General Traffic Controls of Spencer, Iowa, in an amount not to exceed $103,412 as a single source provider 23.Resolution approving the plans and specifications for the 2024/25 Right-of-Way Restoration Program, setting June 5, 2025, as the bid due date and June 11, 2025, as the date of Public Hearing 24.Resolution approving the plans and specifications for the 2024/25 Clear Water Diversion Program, setting June 5, 2025, as the bid due date and June 11, 2025, as the date of Public Hearing 25.Resolution approving contract renewal with TEI Construction Services Inc., Duncan, SC, for Boiler Maintenance Services Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $360,000 26.Resolution approving contract renewal with Integrated Global Services, Inc., Richmond, VA, for the Boiler Tube Spray Coating and Related Services and Supplies Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $535,000 27.Resolution approving contract renewal with Pioneer Industrial Corp, Kansas City, MO for the Valve Maintenance and Related Services and Supplies Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $60,000 28.Resolution approving contract with Earth Services & Abatement for Asbestos Remediation 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 $150,000 29.Resolution awarding contract to Sunoco, LLC for the FY 2024/25 Electrical Services Fuel Supply contract in an amount not-to-exceed $300,000 30.Resolution awarding contract to Remote Solutions, LLC, of Tucson, AZ to provide and install a remote racking system for the Electric Department's Technical Services Division - Substations in the amount of $101,552.41 31.Resolution awarding a contract to Hawkins, Inc. for the purchase of liquid sodium hypochlorite in FY 2024/25 for the Water Plant and Power Plant 32.Resolution awarding a contract to Mississippi Lime Company of St Louis, MO for pebble lime for 2 the Water Plant in the amount of $257.81/ton 33.Resolution awarding year three of the five year well rehabilitation contract to Northway Well and Pump Company of Waukee, IA in the amount of $154,208 34.Resolution approving contract renewal for the purchase of oils, lubricants, and fluid analysis for Fleet Services and Ames Transit Agency (CyRide) to Diamond Oil Company of Des Moines, IA, for the one-year period from July 1, 2024 through June 30, 2025, in an amount not-to-exceed $74,700 35.Resolution awarding the contract for concrete and asphalt crushing to Reilly Construction Co. in an amount not-to-exceed $60,000 36.Resolution awarding contract to Stiver's Ford, of Waukee, IA for three Ford Police Interceptors in the amount of $132,582 37.Resolution awarding the contract for the purchase of rock salt for the Snow and Ice Control Program to Independent Salt Co. of Kanapolis, KS in the amount of $208,725 38.Resolution awarding contract for FY 2024/25 to Waste Management of Ames, IA, for Hauling Services to the Boone County Landfill in the amount of $19.50/ton, up to $146,958 39.Resolution awarding contract to ABM Industry Groups, LLC, of Des Moines, IA for Custodial Services at Ames Public Library in the amount of $94,498.56. 40.Resolution approving Change Order No. 2 with Central States Roofing for Roof Replacement at the Power Plant in the amount of $100,000 41.Water Pollution Control Facility Biosolids Disposal Operations: a. Resolution accepting completion of the FY 2023/24 biosolids disposal contract with Wulfekuhle Injection & Pumping of Peosta, Iowa, in the amount of $75,073.27 b. Resolution awarding renewal for the FY 2024/25 contract for biosolids disposal to Wulfekuhle Injection and Pumping of Peosta, Iowa in an amount not to exceed $126,750. 42.Resolution approving electric utility easement on State of Iowa property for the installation of an overhead electric line for the City of Ames, Iowa 43.Resolution setting May 28, 2024, as date of Public Hearing to vacate existing Electrical Utility Easements along the lot line of 302 and 212 Sondrol Avenue 44.Resolution Setting May 28, 2024, as the date of the public hearing to consider the adoption of the final amendment to the Fiscal Year 2023/24 Budget 45.Resolution approving second amendment to Development Agreement with Townhome at Creekside, LLLP in conjunction with construction of 38 low-income housing tax credit (LIHTC) multi-family housing units on Lot 27 in Baker Subdivision 46.Resolution setting May 28, 2024, as date of public hearing for approving the sale of City-owned Lot 1 in Baker Subdivision to Habitat for Humanity of Central Iowa 47.Resolution approving amendment to purchase agreement with Habitat for Humanity of Central Iowa in conjunction with the sale of lots 6, 7, and 8 in the Baker Subdivision. 48.Resolution Approving Geothermal Operations Agreement with Habitat for Humanity for Baker Subdivision Lots 1-8 49.Agreements with Iowa State University for CYTown: a. Resolution approving Memorandum of Understandin g Relating to the CYTown Development b. Resolution approving CYTown Development Area Construction, Utilities, Traffic, and 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: 3 Related Services Memorandum of Understanding c. Resolution approving CYTown Development Area Water and Sanitary Sewer Utility Easement Agreement d. Resolution approving CYTown Development Area Electrical Easement Agreement 50.Ames Economic Development Commission: a. Presentation of Annual Report b. Resolution approving 2024/25 Funding Contract 51.Summary of Harrison Road Surplus Land Neighborhood Outreach Meeting for Housing Infill Options 52.Request to Initiate a Zoning Text Amendment for Exception to Minimum FAR and Height Along Main Street a. Motion Directing Staff 53.Sunset Ridge North Subdivision, First Addition Major Final Plat a. Resolutions approving Final Plat b. Resolution accepting financial security for public improvements 54.Planning Division Work Plan 2024 a. Motion Directing Staff 55.Resolution approving Amendment Number 2 to the agreement with Strand Associates for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project 56.Resolution Issuing a Notice to Bidders for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project, setting June 26 as the bid due date and July 9 as the date of public hearing and award 57.Hearing on Zoning Text Amendment for the purpose of including Rock Climbing Facilities as a Miscellaneous Uses within the General Industrial (GI) Zoning District by Special Use Permit a. First reading of ordinance 58.Amendment to Chapter 18.7A of the Municipal Code, Special Penalty for Game Day Parking, to add Event Parking a. First reading of ordinance 59.Second reading of Ordinance amending Chapter 28 of the Municipal Code establishing Geothermal Services and rules and charges therefore 60.Second reading on amending Chapter 5 and Chapter 22 of Ames Municipal Code regarding Missing Infrastructure Requirements 61.Third reading and adoption of ORDINANCE NO. 4526 Chapter 28 of the Municipal Code Section 28.304(3) to increase sanitary sewer rates by 7% for bills due on or after July 1, 2024 62.Third reading and adoption of ORDINANCE NO. 4527 on Appointment Criteria for Boards & Commissions 63.Participation with agencies, boards, and commissions: a. Discover Ames (ACVB) PLANNING AND HOUSING: WATER AND POLLUTION CONTROL: HEARINGS: ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY: 4 b. Ames Economic Development Commission (AEDC) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees COUNCIL COMMENTS: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 5 To:Mayor and City Council From:City Clerk's Office Date:May 10, 2024 Subject:Approval of Mintues Item No. 5 MEMO Attached are the minutes for the Regular City Council Meeting held on April 23, 2024, and Special City Council Meeting on April 16, 2024. /cmw ATTACHMENT(S): C24-0416 Summary.pdf C24-0423 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 6 1 SUMMARY MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 16, 2024 The Special Meeting of the Ames City Council was called to order by Mayor Pro Tem Amber Corrieri at 6:01 p.m. on the 16th day of April, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Rachel Junck, and Anita Rollins. Mayor John Haila and Council Member Tim Gartin joined the meeting telephonically. Ex officio Jeff Clark was absent. CONSENT AGENDA: Moved by Betcher, seconded by Beatty-Hansen, to approve the consent agenda. 1. RESOLUTION NO. 24-182 setting April 23, 2024, as date of Public Hearing to approve the sale of Lot 27, in the Baker Subdivision (321 State Avenue), to Townhomes at Creekside, LLLP, an Iowa Limited Liability Partnership, (affiliated with Hatch Development Group) in conjunction with a Low-Income Housing Tax Credit (LIHTC) application for Multi-Family Housing Development Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. SECOND PASSAGE OF ORDINANCE FOR THE CITY-WIDE DESIGNATION OF THE URBAN REVITALIZATION AREA (URA): Moved by Beatty-Hansen, seconded by Rollins, to pass on second reading an ordinance for the City-wide Designation of the Urban Revitalization Area (URA). Roll Call Vote: 6-0. Motion declared carried unanimously. WORKSHOP ON WALK BIKE ROLL MASTER PLAN: Traffic Engineer Damion Pregitzer introduced Consultant Adam Wood of Toole Design, who presented the draft master plan. Engineer Pregitzer and Consultant Wood answered various questions from the City Council throughout the presentation. Mayor Pro Tem Corrieri noted that no action was requested on this item at this time, and there would be an opportunity for Public Input at a future meeting. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Pro Tem Corrieri noted two dispositions to the City Council. The first item was an email from Nick Cheney requesting a waiver of the requirement of a master plan for rezoning. Moved by Betcher, seconded by Rollins, to place the item on a future agenda for discussion. Vote on Motion: 6-0. Motion declared carried unanimously. The second item was a memo from Planning and Housing Director Kelly Diekmann regarding a referred request for a Zoning Text Amendment for an exception to Minimum Floor-Area Ratio (FAR) and Height for buildings along Main Street. Moved by Betcher, seconded by Rollins, to place the item on a future agenda for discussion. Vote on Motion: 6-0. Motion declared carried unanimously. 7 2 COUNCIL COMMENTS: The Mayor and City Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn the meeting at 8:37 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Jeramy Neefus, Principal Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 8 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 23, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 23rd day of April, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Emily Boland was also present as the future ex officio to the City Council. PROCLAMATION FOR "ARBOR DAY," APRIL 26, 2024: Mayor Haila proclaimed April 26, 2024, as Arbor Day and City Forester Gabbi Edwards accepted the proclamation on behalf of Ames Trees Forever, Ames Tree Foundation, and City staff. PROCLAMATION FOR "MENTAL HEALTH AWARENESS MONTH," MAY 2024: Mayor Haila proclaimed May 2024 as Mental Health Awareness Month and Mental Health Advocate Julie Saxton accepted the proclamation alongside Chief of Police Geoff Huff. PROCLAMATION FOR "ECONOMIC DEVELOPMENT WEEK," MAY 6-10, 2024: Mayor Haila proclaimed May 6-10, 2024, as Economic Development Week and Director of Economic Development with the Ames Chamber of Commerce Dylan Kline accepted the proclamation. PROCLAMATION FOR "NATIONAL HISTORIC PRESERVATION MONTH," MAY 2024: Mayor Haila proclaimed May 2024 as National Historic Preservation Month and Planner Eloise Sahlstrom accepted the proclamation alongside Chair of the Historic Preservation Commission Scott Huffman. PRESENTATION OF HISTORIC PRESERVATION AWARDS: Mayor Haila presented the Historic Preservation Awards for “Keeping the Past Alive” for 501 Main Street and “Significant Achievement in Historic Preservation” for Ames City Hall, which were accepted by the awardees Janet Lott and Ted Tedesco respectively. CONSENT AGENDA: Mayor Haila requested to pull Item No. 28 and Council Member Beatty- Hansen requested to pull Item No. 16. Moved by Corrieri, seconded by Betcher, to approve the consent agenda less Item No. 16 and 28. 6. Motion approving payment of claims 7. Motion approving Summary of Minutes of Regular City Council Meeting on April 9, 2024, and Regular City Council Meeting on Maximum Tax Levy Hearing on April 9, 2024 8. Motion approving Temporary Outdoor Service for Class C Liquor License with Outdoor Service - Sips and Paddys, 126 Welch Avenue, May 3 - May 5, 2024, Pending Dramshop Review 9. Motion approving new 5 - Day (May 14 - May 18, 2024) License, Special Class C Retail 9 2 Alcohol License with Outdoor Service - Apres Bar Co., 1930 East 13th Street 10. Motion approving new 5 - Day (May 14 - May 18, 2024) License, Special Class C Retail Alcohol License - Apres Bar Co., 2321 North Loop Drive 11. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. The Great Plains Sauce and Dough Co., (129 Main Street), Special Class C Retail Alcohol License b. Walgreens #12108, (2719 Grand Avenue), Class E Retail Alcohol License c. Mother’s Pub, (2900 West Street), Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Jeff’s Pizza Shop, (2402 Lincoln Way), Special Class C Retail Alcohol License, Pending Dramshop Review e. Pasta al Forno, (2601 E. 13th Street), Class C Retail Alcohol License, Pending Dramshop Review f. Bar la Tosca, (303 Welch Avenue, Suite 101), Class C Retail Alcohol License g. Es Tas Stanton, (216 Stanton Avenue), Class C Retail Alcohol with Outdoor Service, Pending Dramshop Review 12. Requests from Ames Main Street for 515 Week on May 13-17, 2024 a. Motion approving Blanket Temporary Obstruction Permit for May 15 and May 16 b. Motion approving Blanket Vending License for May 15 and May 17 c. Motion approving street closures of 5th Street from Burnett Avenue to Douglas Avenue; Kellogg Avenue from Main Street to 5th Street; and Kellogg Avenue just north of 5th Street to entrance to parking lot d. Motion approving Temporary Outdoor Service May 15 - May 16, 2024 for Class C Retail Alcohol License with Outdoor Service - Noir, 229 Main Street, Pending Dramshop Review e. RESOLUTION NO. 24-183 approving waiver of parking meter fees and enforcement for a portion of Fifth Street May 15 f. RESOLUTION NO. 24-184 approving waiver of Vending License fee for May 15 and May 17 g. RESOLUTION NO. 24-185 approving usage of electricity and waiver of fees for electricity for May 15, May 16, and May 17 h. RESOLUTION NO. 24-186 approving waiver of enforcement of Municipal Code Section 17.17 related to alcohol consumption in City parks with respect only to Bandshell Park from 5:00 p.m. to 9:00 p.m. on Friday, May 19 13. Requests from Ames Main Street for Art Walk on Thursday, June 6, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District b. RESOLUTION NO. 24-187 approving closure of 10 metered parking spaces for vendors from 1:00 p.m. to 9:00 p.m. c. RESOLUTION NO. 24-188 approving waiver of parking meter fees and enforcement, usage and waiver of electrical fees, and waiver of fee for blanket Vending license for Ames Main Street from 5:00 p.m. to 8:00 p.m. d. RESOLUTION NO. 24-189 approving closure of Douglas Avenue, from Main Street to Fifth Street from 1:00 p.m. to 8:00 p.m. e. RESOLUTION NO. 24-190 approving usage of Tom Evans Plaza 10 3 14. Requests from Ames Main Street for 4th of July activities on July 4, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District b. RESOLUTION NO. 24-191 approving waiver of Vending License fee c. RESOLUTION NO. 24-192 approving closure of portions of Main Street, Northwestern Avenue, Fifth Street, Douglas Avenue, Burnett Avenue, Kellogg Avenue, Clark Avenue, Allan Drive, and Pearle Avenue from 6:00 a.m. until end of parade d. RESOLUTION NO. 24-193 approving closure of Parking Lot MM and south portion of Lot M from 6:00 a.m. to 2:00 p.m. 15. Requests from Ames Main Street for Summer Sidewalk Sales on July 25 - July 28, 2024: a. Motion approving Blanket Temporary Obstruction Permit b. RESOLUTION NO. 24-194 approving suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, July 28 c. RESOLUTION NO. 24-195 approving request from Ames Main Street for Saturday, July 28 to transfer $1,370.25 from the Hotel/Motel Tax Fund to the Parking Fund 16. Requests from Ames Main Street for Music Walk on Thursday, September 19, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District from 3:00 p.m. to 9:00 p.m. b. RESOLUTION NO. 24-196 approving closure of 10 metered parking spaces for vendors from 3:00 p.m. to 9:00 p.m. c. RESOLUTION NO. 24-197 approving waiver of parking meter fees and enforcement and usage and waiver of electrical fees, and waiver of fee for blanket Vending License for Ames Main Street from 3:00 p.m. to 9:00 p.m. 17. Requests from Ames Main Street for Witches Walk on Thursday, October 10, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District from 5:30 p.m. to 8:00 p.m. b. RESOLUTION NO. 24-198 approving waiver of electrical fees on Ames Main Street from 3:00 p.m. to 9:00 p.m. 18. Ames on the Half Shell: a. RESOLUTION NO. 24-199 approving waiver of enforcement of Municipal Code Section 17.17 related to alcohol consumption in City parks with respect only to Bandshell Park from 5:00 p.m. to 9:00 p.m. on Fridays May 31-June 28. b. Motion approving 5-Day License - Special Class C Retail Alcohol License with Outdoor Service - Ames on the Half Shell, Bandshell Park, for: i. May 30 - June 3, 2024 ii. June 6 - June 10, 2024 iii. June 13 - June 17, 2024 iv. June 20 - June 24, 2024 v. June 27 - July 1, 2024 19. RESOLUTION NO. 24-200 approving Quarterly Investment Report for period ending March 31, 2024 20. RESOLUTION NO. 24-201 approving amendment to Airport Hangar Lease for Viking Aviation Hangar Expansion Project 21. RESOLUTION NO. 24-202 approving contract renewal with ChemTreat, Inc., Glen 11 4 Allen, VA, for Chemical Treatment Program for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $376,000 22. RESOLUTION NO. 24-203 approving contract renewal with HTH Companies, Inc., Union, MO, for Specialized Wet Dry Vacuum, Hydro Blast, and Related Cleaning Services for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $200,000 23. RESOLUTION NO. 24-204 approving contract renewal with MCG Energy Solutions, LLC, Minneapolis, MN, for MISO Market Participant Services for the period of July 1, 2024 through June 30, 2025 in the amount of $117,887.16 24. RESOLUTION NO. 24-205 approving contract renewal with Tri-City Electric Company of Iowa, Davenport, IA, for the Electrical Maintenance Services Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to- exceed $110,000 25. RESOLUTION NO. 24-206 approving contract renewal and bond for the Electric Distribution Line Clearance Program with Wright Tree Services, Des Moines, IA, for the for the one-year period from July 1,2024 through June 30, 2025, in an amount not-to- exceed $407,933.56 26. RESOLUTION NO. 24-207 approving contract renewal for FY 2024/25 Street Sweeping to Vincent All Seasons Enterprises, Nevada, Iowa in an amount not to exceed $55,000 27. RESOLUTION NO. 24-208 awarding year one of a contract to Eide Bailly, LLP, Dubuque, Iowa in the amount of $75,000 to professionally audit the City’s financial statements for FY ending June 30, 2024 28. RESOLUTION NO. 24-209 awarding a contract for LEED commissioning services for the WPCF Nutrient Modifications Phase I Project to TUNE Facilities of Omaha, NE for Fundamental Commissioning in an amount not to exceed $46,600, plus Enhanced Commissioning, Additional Commissioning, and Fire Alarm Commissioning as authorized by staff in an additional amount not to exceed $28,000, for a total award not to exceed $74,600 29. RESOLUTION NO. 24-210 awarding contract to Midwest Underground Supply LLC of Bondurant, IA for the purchase of 1 new, 2024 Ring-O-Matic 550 Trailer-Mounted Jet- Vac, with Remote Controlled Hydraulic Boom Arm, and 2 optional hoses for a price of $112,608, and accept Midwest Underground’s trade-in offer of $20,500 for the City’s 2012 Ring-O-Matic 550 machine 30. RESOLUTION NO. 24-211 awarding contract to J. Pettiecord Inc., of Bondurant, Iowa, for the Fuel Oil Tank Removal at the Coal Yard in the amount of $110,600 31. RESOLUTION NO. 24-212 approving the Iowa DOT STBG Federal-aid Funding Agreement for the South 16th Street Roadway Widening project in the amount of $2,814,000 32. RESOLUTION NO. 24-213 approving preliminary plans and specifications for the 2023/24 Water System Improvements Program (Kellogg Avenue - 7th Street to 13th Street) and (11th Street - Burnett Avenue to Kellogg Avenue) project, setting May 22, 2024, as the bid due date and May 28, 2024, as the date of Public Hearing 33. RESOLUTION NO. 24-214 accepting completion of project for South Grand Avenue Extension - 0.1 Miles North of South 16th Street North 0.54 Miles to South 5th Street by Peterson Contractors, Inc. (PCI) of Reinbeck, Iowa in the amount of $8,883,564.62 34. Determination of Need for a Master Plan with a Rezoning Application to Suburban 12 5 Residential Low Density Floating Zone (FS-RL) for 2212 Oakwood Road a. RESOLUTION NO. 24-215 for determination that a Master Plan is not required Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REQUESTS FROM AMES MAIN STREET FOR MUSIC WALK ON THURSDAY, SEPTEMBER 19, 2024: Council Member Beatty-Hansen highlighted an error in the Council Action Form, clarifying that the date of the event was as stated on the agenda. Moved by Beatty-Hansen, seconded by Junck, to approve the requests as follows: • Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District from 3:00 p.m. to 9:00 p.m. • RESOLUTION NO. 24-196 approving closure of 10 metered parking spaces for vendors from 3:00 p.m. to 9:00 p.m. • RESOLUTION NO. 24-197 approving waiver of parking meter fees and enforcement and usage and waiver of electrical fees, and waiver of fee for blanket Vending License for Ames Main Street from 3:00 p.m. to 9:00 p.m. Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. LEED COMMISSIONING SERVICES FOR THE WPCF NUTRIENT MODIFICATIONS PHASE I PROJECT: Director of Water and Pollution Control John Dunn clarified the scope of services and specification of the project. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 24-209 awarding a contract for LEED commissioning services for the WPCF Nutrient Modifications Phase I Project to TUNE Facilities of Omaha, NE for Fundamental Commissioning in an amount not to exceed $46,600, plus Enhanced Commissioning, Additional Commissioning, and Fire Alarm Commissioning as authorized by staff in an additional amount not to exceed $28,000, for a total award not to exceed $74,600. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, Ames Resident, discussed his community involvement and artistic endeavors. James Bernau, Ames Resident, shared concerns relating to the height and placement of the utility bill drop box as well as insight on LEED certification as it relates to insurance rates. He concluded with encouraging the City Council to review the interconnect agreement for Electric Services Customers, highlighting the long process he has engaged in with staff to install a Tesla Powerwall in his home. Sue Ravenscroft, Ames Resident, encouraged the City Council to reconsider the Memorandum of Understanding with Iowa State University for the property located between Lincoln Way and Jack Trice Way, South University Boulevard to Beach Avenue referred to as CYTown. 13 6 Grant Olsen, Ames Resident, noted design concerns with the Hyland Avenue reconstruction project, emphasizing the need to provide safe bicycle and pedestrian facilities. Susie Petra, Ames Resident, objected to the CYTown development, highlighting her concerns for the buildings that comprise the Iowa State Center to serve the arts and the funding sources to renovate and maintain those facilities. Mayor Haila closed the Public Forum when no one else came forward to speak. HEARING ON CITY OF AMES BUDGET: Finance Director Corey Goodenow and Budget Manager Nancy Masteller were available for questions. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-216 authorizing and approving the Fiscal Year 2023/24 Adjusted Budget. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-217 authorizing and approving the Fiscal Year 2024/25 Budget. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2023/24 SHARED USE PATH SYSTEM EXPANSION: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Rollins, to accept the report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-218 approving final plans and specifications and awarding contract to Con-Struct, Inc. of Ames, Iowa in the amount of $195,405.40. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON AMENDMENT TO CHAPTER 5 AND CHAPTER 22 OF MUNICIPAL CODE REGARDING MISSING INFRASTRUCTURE REQUIREMENTS: Planning and Housing Director Kelly Diekmann presented the staff report. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to approve Alternative 1: approve the proposed changes to Chapter 22.31 and Chapter 5.118 of the Ames Municipal Code allowing for waiver of missing infrastructure requirements on certain unimproved streets and raising the substantial 14 7 improvement cost threshold. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Corrieri, to pass on First reading an ordinance regarding amending Chapter 5 and Chapter 22 of the Municipal Code regarding missing infrastructure requirements. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON BAKER SUBDIVISION MULTI-FAMILY HOUSING GEOTHERMAL INSTALLATION: Director of Electric Services Donald Kom and Director Diekmann presented the Council Action Form (CAF). Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Betcher, to accept the report of bids and reject all bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Rollins, to direct staff to forgo rebidding the project and abandon the pursuit of geothermal installation on Lot 27 within the Baker Subdivision. Vote on Motion: 6-0. Motion declared carried unanimously. TEMPORARY CONSTRUCTION EASEMENT FOR LOT 27 WITHIN THE BAKER SUBDIVISION: Moved by Gartin, seconded by Beatty-Hansen, to pull Item No. 38 relating to the temporary construction easement for Lot 27 within the Baker Subdivision. Vote on Motion: 6-0. Motion declared carried unanimously. AMENDMENT TO CHAPTER 28 OF THE MUNICIPAL CODE ESTABLISHING GEOTHERMAL SERVICES: Director Diekmann and Director Kom presented the CAF. The Public Input was opened by Mayor Haila. Dylan Kline, Ames Resident, shared his experience with geothermal installations, providing a cost analysis to encourage the City Council to consider robust incentives for low- and moderate- income residents. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Corrieri, seconded by Betcher, to pass on First reading an ordinance amending Chapter 28 of the Municipal Code establishing Geothermal Services and rules and charges therefore. Roll Call Vote: 4-2, Gartin and Rollins dissenting. Motion declared carried. AMENDMENT TO RESTRICTIVE COVENANTS FOR BAKER SUBDIVISION: Director Diekmann and Housing Coordinator Vanessa Baker-Latimer presented the CAF. Mayor Haila opened the Public Input. 15 8 Dylan Kline, Ames Economic Development Commission, discussed the barriers to development for low- and moderate-income housing, and highlighted concerns of potential developers related to geothermal requirements. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-220 Amending Restrictive Covenants for Baker Subdivision. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON SALE OF LAND AT 321 STATE AVENUE WITHIN THE BAKER SUBDIVISION (NOW KNOWN AS 3216 TRIPP STREET): The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-221 approving Option Agreement for the sale of Lot 27 to Townhomes at Creekside, LLLP, an Iowa Limited Liability Partnership, (affiliated with Hatch Development Group) in conjunction with a Low- Income Housing Tax Credit (LIHTC) application for Multi-Family Housing Development. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REDUCED PARKING FOR AFFORDABLE HOUSING AT 207 S. SHERMAN AVENUE: Planner Sahlstrom presented the CAF and site map. The Public Input was opened by Mayor Haila. Shari Reilly, Executive Assistant for The Bridge Home, was available for questions regarding the request and shared excitement in being able to offer 18 units of very low-income housing to community members in need. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded Beatty-Hansen, to adopt RESOLUTION NO. 24-222 approving Reduced Parking for Affordable Housing at 207 S. Sherman Avenue and consenting to termination of the previously approved Remote Parking Agreement that provides parking at 214 S. Sherman Avenue. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COLLECTION PROCEDURES FOR PAST DUE PARKING TICKETS AND UTILITY ACCOUNTS: Director Goodenow and Utility Accounts Supervisor John Odenweller presented the CAF. Mayor Haila opened and closed the Public Input when no one came forward to speak. 16 9 Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-223 approving collection procedures for past due utility accounts and parking fines and authorize staff to begin utilizing vehicle registration stops and the State's "Setoff Program.” Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PURCHASE OF A NEW FIRE ENGINE: Fire Chief Rich Higgins presented the CAF. The Public Input was opened and closed when no one came forward to speak. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 24-224 waiving the City’s Purchasing Policy requirement for competitive proposals and approving a contract with Reliant Fire Apparatus Inc., through Sourcewell, for the purchase of a new fire engine in the amount of $1,019,302. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. SECOND READING OF ORDINANCE AMENDING CHAPTER 28 OF THE MUNICIPAL CODE SECTION 28.304(3) TO INCREASE SANITARY SEWER RATES BY 7% FOR BILLS DUE ON OR AFTER JULY 1, 2024: Moved by Beatty-Hansen, seconded by Rollins, to pass on second reading an ordinance amending Chapter 28 of the Municipal Code Section 28.304(3) to increase sanitary sewer rates by 7% for bills due on or after July 1, 2024. Roll Call Vote: 6-0. Motion declared carried unanimously. SECOND READING OF ORDINANCE ON APPOINTMENT CRITERIA FOR BOARDS & COMMISSIONS: Moved by Beatty-Hansen, seconded by Rollins, to pass on second reading an ordinance on appointment criteria for Boards and Commissions. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4525 FOR THE CITY- WIDE DESIGNATION OF THE URBAN REVITALIZATION AREA (URA): Moved by Junck, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4525 for the City-wide Designation of the Urban Revitalization Area (URA). Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there was one communication for consideration from Chuck Winkleblack regarding the Dayton Avenue Development Tax Increment Financing (TIF) Reimbursement. Moved by Gartin, seconded by Rollins, to refer to staff for a memo. Vote on Motion: 6-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events 17 10 attended, upcoming meetings, community events, and items of interest. Moved by Beatty-Hansen, seconded by Rollins, to request a memo from staff regarding the Hyland Avenue reconstruction project and considerations being made to improve the safety for bicyclists and pedestrians along the corridor. Moved by Beatty-Hansen, seconded by Junck, to amend the previous motion to request staff include information on the merits of conducting a temporary protected bicycle facility demonstration to evaluate the safety of the proposed project design. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to request a memo from staff regarding the Tesla Powerwall issues brought forth by Mr. Bernau at Public Forum. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Beatty-Hansen, to request that staff reengage with the State regarding the potential sale of the State Forest Nursery located at 2404 S. Duff Avenue to support housing initiatives in Ames. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Rollins, to request staff reach out to local HVAC contractors to solicit input on the geothermal installation within the Baker Subdivision. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Gartin, to request a memo from staff on the cleaning and maintenance procedures for the tree trenches in Campustown with suggestions for potential changes to the procedures. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to request a memo from staff to confirm if the Utilities Payment Drop Box meets ADA requirements. Moved by Junck, seconded by Rollins, to amend the previous motion to include a request for information relating to vehicle accessibility as well. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to request a memo from staff regarding the relationship between LEED Certified buildings and property insurance rates. Vote on Motion: 6-0. Motion declared carried unanimously. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation. Moved by Betcher, seconded by Beatty-Hansen, to go into closed session at 9:00 p.m. 18 11 The City Council reconvened in Regular Session at 9:12 p.m. ADJOURNMENT: Moved by Gartin, seconded by Rollins, to adjourn the meeting at 9:13 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 19 To:Mayor & City Council From:Renee Hall Date:May 14, 2024 Subject:Civil Service Item No. 6 MEMO Approve Civil Service Candidates ATTACHMENT(S): Apr 25 Civil Service Minutes.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 20 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA APRIL 25, 2024 The Regular Meeting of the Ames Civil Service Commission met in regular session in the Council Chambers of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska present. Chairperson Kim Linduska called the meeting to order at 8:21 AM on April 25, 2024. Also in attendance was Commission Clerk, Vicki Hillock and Human Resources Director, Bethany Ballou. APPROVAL OF MINUTES OF MARCH 28, 2024: Moved by Pike, seconded by Conley, to approve the Minutes of the March 28, 2024, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Account Clerk Samantha Whitaker 80 Kellie Nation 79 Human Resources Officer I Lindsay Moeller 81 Vote on Motion: 3-0. Motion declared carried unanimously. DISCUSSION: Commission Member Linduska inquired about Iowa Legislation that passed concerning Civil Service, HR Director Ballou explained one bill passed, SF 2205, that gives City Council the authority to suspend Civil Service Testing for Polic Officer Recruitments. Ballou explained that the City’s process for Civil Service involves required testing by the ILEA (Iowa Law Enforcement Academy) and interviews. The City does not administer an additional Civil Service Test. COMMENTS: The next Regular Meeting will be held telephonically or in-person, depending on weather, on Thursday, May 23, 2024, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:29 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 21 To:Mayor & City Council From:City of Ames Purchasing Division Date:May 10, 2024 Subject:Report of Contract Change Orders Item No. 7 MEMO The Report of Change Orders for period April 16-30, 2024, is attached for your review and consideration. /rh ATTACHMENT(S): Change Order Report - April 16-30, 2024.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 22 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) City Manager Website Redesign 1 $73,449.39 Granicus LLC $0.00 $4,000.00 S. Gwiasda KS Electric Services Roof Replacement at the Power Plant 1 $1,591,000.00 Central States Roofing $0.00 $20,000.00 D. Kom AM Electric Services Engineering Services for Compliance with EPA CCR Standard 4 $135,000.00 SCS Engineers $15,488.06 $11,500.00 B Phillips AM $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:April 2024 For City Council Date:May 14, 2024 23 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:May 14, 2024 Subject:New 14-Day (May 12, 2024 - May 25, 2024) Class C Retail Alcohol License with Outdoor Service - Jack Trice Stadium, 1732 Jack Trice Way Item No. 8 MEMO Please see the attached documentation for a motion approving a new 14-Day (May 12, 2024 - May 25, 2024) Class C Retail Alcohol License with Outdoor Service - Jack Trice Stadium, 1732 Jack Trice Way. ATTACHMENT(S): Jack Trice Stadium - 14 Day License.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 24 Page 1 of 3 Applicant NAME OF LEGAL ENTITY LEVY PREMIUM FOODSERVICE LIMITED PARTNERSHIP NAME OF BUSINESS(DBA) Jack Trice Stadium BUSINESS (732) 727-5030 ADDRESS OF PREMISES 1732 South 4th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50011 MAILING ADDRESS 2614 County Road 516Old Bridge CITY Old Bridge STATE New Jersey ZIP 08857 Contact Person NAME Lindsey Farina PHONE (732) 727-5030 EMAIL lfarina@skenelawfirm.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 14 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Outdoor Service 25 Page 2 of 3 Status of Business BUSINESS TYPE Limited Partnership Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Sherif Dosunmu Oak Park Illinois 60304 officer 0.00 Yes Elizabeth Shakespeare Chicago Illinois 60657 officer 0.00 Yes Robert Ellis Deerfield Illinois 60015 officer 0.00 Yes Andrew Lansing Chicago Illinois 60614 officer 0.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP Levy Restaurant Limited Partnership 36-3628618 Chicago Illinois 60611 99.00 Insurance Company Information INSURANCE COMPANY National Union Fire Insurance Company of Pittsburg, PA POLICY EFFECTIVE DATE Sep 30, 2023 POLICY EXPIRATION DATE Sep 30, 2024 26 Page 3 of 3 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 27 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:May 14, 2024 Subject:New 5 - Day (June 10 - June 14, 2024) Special Class C Retail Alcohol License - Cloud Wine, LLC, 2801 Grand Avenue Item No. 9 MEMO Please see the attached documentation for a motion approving new 5 - Day (June 10, - June 14, 2024) Special Class C Retail Alcohol License - Cloud Wine, LLC, 2801 Grand Avenue. ATTACHMENT(S): Cloud Wine 5 - Day.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 28 Page 1 of 2 Applicant NAME OF LEGAL ENTITY CLOUD WINE, LLC NAME OF BUSINESS(DBA) Cloud Wine LLC BUSINESS (515) 368-0295 ADDRESS OF PREMISES 2801 Grand Avenue PREMISES SUITE/APT NUMBER NE corner of parking lot by JcPenny CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 2801 Grand Avenue CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Dawn Thompson PHONE (515) 368-0295 EMAIL luckywifewineslushies4@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Pending Dramshop Review EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES 29 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Dawn Thompson Ames Iowa 50010 owner/ceo 100.00 Yes Insurance Company Information INSURANCE COMPANY Founders Insurance Company POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 30 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:April 28, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 10 MEMO The following licenses are eligible for renewal: a. North Grand Cinema, (2801 Grand Avenue), Special Class C Retail Alcohol License, Pending Dramshop Review b. Octagon Center for the Arts, (427 Douglas Avenue), Special Class C Retail Alcohol License with Outdoor Service c. Casey's General Store #2298, (428 Lincoln Way), Class E Retail Alcohol License d. Gateway Hotel and Conference Center, LLC, (2100 Green Hills Drive), Special Class C Retail Alcohol License e. Hy-Vee Fast and Fresh #2, (4018 Lincoln Way), Class E Retail Alcohol License f. Ichiban, (117 Welch Avenue), Class C Liquor License, Pending Dramshop Review A review of police records for the past 12 months found no liquor law violations for North Grand Cinema, Octagon Center for the Arts, Casey's General Store #2298, Gateway Hotel and Conference Center and Hy-Vee Fast and Fresh #2. The Ames Police Department recommends the license renewal for these businesses. A review of police records for the past 12 months found Ichiban failed a compliance check in November 2023. This was the only alcohol violation. They passed a re- check in February 2024. The Ames Police Department will continue to monitor their performance. Staff recommends its employees attend the ID training, the I- PACT training provided by the State of Iowa, and conduct its own compliance checks. The Ames Police Department recommends the license renewal for this business. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 31 To:Members of the City Council From:John A. Haila, Mayor Date:May 14, 2024 Subject:Appointment to Historic Preservation Commission Item No. 11 MEMO At the March 12, 2024, City Council meeting, the City Council confirmed a variety of appointments to the City’s boards and commissions. At that time, there remained several vacancies to be filled, and recruitment efforts have continued. After consulting with City staff, I am pleased to recommend the appointment of Dévon Lewis to the Historic Preservation Commission to fill a term that expires on March 31, 2027. 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 To:City Council From:John A. Haila, Mayor Date:May 14, 2024 Subject:Appointment of ex officio Student Liaison to the City Council Item No. 12 MEMO I have been informed that the Iowa State University Student Government has selected Emily Boland to serve as the City Council's ex officio representative. Therefore, I request that the Council appoint Emily Boland, representing the ISU Student Government, as the ex officio Student Liaison to the City Council. 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 the City Council From:John A. Haila, Mayor Date:May 14, 2024 Subject:Iowa State University Student Government Appointees to Ames Transit Agency Board of Trustees Item No. 13 MEMO Due to expirations of Iowa State University (ISU) Student Government terms on the Ames Transit Agency Board of Trustees, the City Council needs to confirm appointments to fill these vacancies. I have been notified that Asray Gopa has been selected by the ISU Student Government to serve as the ISU Student Government Senator on the Board, and Emily Boland has been selected by the President of the Student Government to serve as the ISU Student Government Representative on the Board. Therefore, I recommend that the City Council confirm the appointment of Asray Gopa and Emily Boland to the Ames Transit Agency Board of Trustees for a one- year term beginning May 15, 2024. 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 #:14 DATE:05-14-24 DEPT:ADMIN SUBJECT:REQUEST TO PROVIDE FREE PARKING FOR POLLING PLACES COUNCIL ACTION FORM BACKGROUND: The Story County Auditor supervises the election process, including all 20 polling places within Ames. Two of the polling places in Ames (Ames Public Library and Collegiate United Methodist Church) use metered parking as the primary public parking resource. The other 18 locations in the City have private parking associated with the facility or, in the case of Iowa State University, already allocate parking for poll workers and voters. The next local election is on June 4, 2024. The Story County Auditor has requested the following allocation of 29 parking spaces and the waiver of meter fees, as done in previous election years. Up to 20 parking meters on Douglas Avenue between 5th Street and 6th Street Up to nine parking meters on the south side of Lincoln Way in front of Collegiate Methodist Church These waivers result in an estimated loss of $75.38 to the Parking Fund. While there is no statutory requirement to provide parking, meter fees may serve as a potential barrier to voting. ALTERNATIVES: 1. Approve the request from the Story County Auditor for election day-related allocations of parking spaces and the waiver of fees at the locations noted above for June 4, 2024 2. Do not approve the waiver of fees for election-related parking spaces. CITY MANAGER'S RECOMMENDED ACTION: The allocation of parking spaces and the waiver of meter fees will assist in making polling places accessible for Ames voters. The total estimated loss of meter revenues will not have a significant impact on the health of the Parking Fund. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 35 ITEM #:15 DATE:05-14-24 DEPT:ADMIN SUBJECT:REQUESTS FROM AMES PATRIOTIC COUNCIL FOR MEMORIAL DAY PARADE ON MONDAY, MAY 29, 2024 COUNCIL ACTION FORM BACKGROUND: Each year the Ames Patriotic Council conducts a community observance of Memorial Day. This observance involves a parade from City Hall to Ames Municipal Cemetery, followed by a community memorial service at the Cemetery. The following requests for May 27, 2024, are presented for City Council approval in order to facilitate the Memorial Day observance: Closure of Pearle Avenue and Fifth Street from east of Pearle Avenue through the Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for the line-up and start of the parade entries. Temporary closure of Clark Avenue from Fifth to Ninth Street (for movement of the parade) between 10:30 a.m. and 11:00 a.m. Temporary closure of Ninth Street between Clark Avenue and Maxwell Avenue (for movement of the parade) between 10:45 a.m. and 11:00 a.m. Temporary closure of Sixth Street at Clark Avenue and Duff Avenue at Ninth Street as the parade moves through those intersections. A blanket Temporary Obstruction Permit is also requested for the closed areas. It should also be noted that temporary closures of residential streets that intersect Ninth Street and Clark Avenue will occur as the parade progresses. Public Works will provide barricades for all of the street closure areas. Barricades will be staffed by parade volunteers and/or residents of the area. Most intersection closures will last only for a few minutes. The Police Department will provide a lead car for the parade and will assist participants through the Ninth Street and Duff Avenue intersection. The rain location for activities will be the Ames Municipal Auditorium. No lost parking meter revenue is anticipated due to the holiday. ALTERNATIVES: 1. Approve the Ames Patriotic Council's requests for use of City facilities and services as outlined above of for the Memorial Day observance on May 27, 2024. 2. Direct the Ames Patriotic Council to pursue alternate plans for the Memorial Day observance. 3. Do not approve the requests. 36 CITY MANAGER'S RECOMMENDED ACTION: The parade and memorial service at the Municipal Cemetery are an integral part of the community’s annual Memorial Day commemoration. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Memorial Day 2024.docx 37 38 39 ITEM #:16 DATE:05-14-24 DEPT:P&H SUBJECT:PLAT OF SURVEY (BOUNDARY LINE ADJUSTMENT) FOR 25016 SAND HILL TRAIL & PARCEL TO THE SOUTH COUNCIL ACTION FORM BACKGROUND: The subdivision regulations in Chapter 23 of the Ames Municipal Code include the process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting of property. The regulations also describe the process for combining existing platted lots or conveyance parcels in order to create a parcel for development purposes. A plat of survey is allowed by Section 23.309 for the consolidation of conveyance parcels and for boundary line adjustments. This proposed plat of survey includes two existing parcels located within the 2-mile extraterritorial subdivision review area of the City of Ames. (see Attachment A and B). One parcel is located at 25016 Sand Hill Trail (Parcel ID: 10-20-100-205) on the southeast corner of the intersection of Sand Hill Trail and 250th Street. The second parcel (Parcel ID: 10-20-10-220) has not been assigned an address, but abuts the southern boundary of the first parcel. The request is for approval of a boundary line adjustment to swap land between two existing unplatted parcels. The proposed platting will establish Parcels P and Q (see Attachment C). This can be accomplished through approval of a plat of survey by the City Council. Proposed “Parcel P” contains one single-family home. Proposed “Parcel Q” is vacant. The property is zoned A-1 (Agricultural) by Story County. Each parcel is owned separately. The house on proposed “Parcel P” is owner-occupied. Access to both properties is from Sand Hill Trail. The size of each parcel will not change with approval of the plat of survey (boundary line adjustment). Only the configuration of the property boundary line that separates the two parcels will change. Proposed “Parcel P” includes 3.41 net acres. Proposed “Parcel Q” includes 13.74 net acres. The parcels are within the Ames Urban Fringe and designated as Rural Character and Natural Area. Although City policies do not support creating parcels in the Urban Reserve area less than 35 acres, adjusting the boundaries of existing parcels in a manner that does not create new developable area is consistent with the policies of the land use designations. In this case there is no net change of area of the parcels, only a reconfiguration of the boundary line between the two parcels. Approval of this plat of survey will allow the applicant to prepare the official plat of survey and submit it to the Planning and Housing Director for review. The Director will sign the plat of survey confirming that it fully conforms to all conditions of approval. The prepared plat of survey may then be signed by the surveyor, who will submit it for recording in the Office of the Story County Recorder. 40 ALTERNATIVES: 1. Approve the proposed plat of survey. 2. Deny the proposed plat of survey on the basis that the City Council finds that the requirements for plats of survey as described in Section 23.309 have not been satisfied. 3. Refer this request back to staff and/or the owner for additional information. CITY MANAGER'S RECOMMENDED ACTION: Staff has determined that the proposed plat of survey satisfies all Ames Subdivision Code requirements for a boundary line adjustment of existing parcels and has made a preliminary decision of approval. Planners with Story County confirm that the plat of survey meets their requirements. As rural development, neither site meets urban development standards of the City; however, the boundary line adjustment does not trigger any additional infrastructure improvements per City requirements, and as a result there are no covenants provided with the proposed Plat of Survey. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. ATTACHMENT(S): Attachment A.pdf Attachment B.pdf Attachment C.pdf 41 Attachment A – Location Map 42 Attachment B – Sketch of Existing Parcels 43 Attachment C – Proposed Plat of Survey 44 Attachment C – Legal Descriptions 45 ITEM #:17 DATE:05-14-24 DEPT:ADMIN SUBJECT:AMENDMENT IN THE AMOUNT OF $40,000 TO ASSET CONTRACT WITH THE SALVATION ARMY FOR TEMPORARY EMERGENCY SHELTER SERVICES COUNCIL ACTION FORM BACKGROUND: On February 14, 2023, the City Council approved ASSET’s funding recommendations for FY 2023/24, which included setting aside $181,650 for ASSET Funders to engage in a Request for Proposal (RFP) process for emergency shelter services. Of the $181,650, the City's contribution is $66,258. Story County's contribution is $89,330 and United Way of Story County's (UWSC) contribution is $26,062. The RFP process was carried out May-July 2023 by an Evaluation Committee made up of members from the ASSET Administrative Team. One proposal was received from The Bridge Home (TBH). The Evaluation Committee made the recommendation to the Joint Funders to not award the RFP for emergency shelter services and to direct Funder staff to explore potential partnerships with other organizations to provide emergency shelter services. The ASSET Joint Funders held a special meeting on August 10, 2023, to approve the recommendations of the Evaluation Committee. Between September 2023 and March 2024, Funder staff held approximately six meetings involving three different organizations that provide a variety of housing services and supports, including emergency shelter services. Those organizations were Central Iowa Shelter and Services (CISS), Primary Health Care (PHC) and The Salvation Army (TSA). CISS declined to expand services to Story County, but offered to partner in the future with creating a Housing Command Center model. Primary Health Care also declined to expand its housing services and coordinated intake at this time. TSA’s emergency shelter program (hotel vouchers) was experiencing increased demands, but was limited by staff capacity and funding since it is funded solely through donations. To address these limitations, TSA leadership recently approved additional staff positions related to shelter services and submitted an ASSET funding request for FY 2023/24 for $91,000 to provide emergency shelter services during April - June 2024. The table below summarizes the request: ASSET Funder FY 2023/24 Funder Allocation for Emergency Shelter Services FY 2023/24 TSA Request Balance of Funder Allocation City of Ames $66,258 $40,000 $26,258 Story County $89,330 $40,000 $49,330 UWSC $26,062 $11,000 $15,062 TOTALS $181,650 $91,000 $90,650 46 At this time, UWSC's board has approved TSA's $11,000 request. The Story County Board of Supervisors has approved TSA's $40,000 request. The unit rate is $103.15. If the City Council approves TSA's request for $40,000, the City would be purchasing 387 service units. TSA reported that the week of April 17-24, 2024, the organization assisted with 19 hotel rooms, serving 37 people, including some children. That same week, seven of the 18 individuals who requested assistance were newly unhoused households. TSA's recent request also included a FY 2024/25 request of $100,000 from the City, $11,000 from UWSC, and $80,000 from Story County. At this time, staff is recommending that the City address the immediate request and will bring forward to Council at a later date the $100,000 request for FY 2024/25. Emergency shelter services remains a priority housing service for ASSET Funders. Currently, there is not a clear solution for emergency shelter services; however, there continues to be a community need for temporary housing. Therefore, staff is recommending that of the FY 2023/24 City contribution that was set aside for emergency shelter services ($66,252 of the $181,650), $40,000 be allocated to TSA per their submitted request to provide temporary emergency shelter. Furthermore, that the remaining amount of the City's contribution, $26,252, be carried over to FY 2024/25 for emergency shelter services. ALTERNATIVES: 1. Approve the amendment to The Salvation Army's FY 2023/24 ASSET contract for an additional $40,000 from the City to provide temporary emergency shelter services from April 2024-June 2024 and carry over $26,252 from FY 2023/24 to FY 2024/25 for emergency shelter services. 2. Do not approve the amendment and funding request from The Salvation Army. CITY MANAGER'S RECOMMENDED ACTION: There is a community need for emergency shelter services. While there is not a clear long-term solution identified yet, in the interim, the Salvation Army has requested funding to increase its capacity to assist the community with emergency shelter services. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No.1 as stated above. ATTACHMENT(S): Salvation Army - Amendment.pdf 47 AMENDMENT TO CONTRACT FOR HUMAN SERVICES BETWEEN THE CITY OF AMES AND THE SALVATION ARMY WHEREAS, effective July 1, 2023, the City of Ames and The Salvation Army entered into an agreement for funding for social services to be provided by The Salvation Army through the City’s ASSET program; and, WHEREAS, the parties wish to amend the agreement by the City providing additional funding for a new category of services, “Emergency Shelter Services.” THEREFORE, the parties agree to amend their prior agreement as follows: 1. Under Section II, “SCOPE OF SERVICES,” a category of services called “Emergency Shelter Services” is added to the chart of services in the following fashion: SERVICE COST PER UNIT UNITS AMOUNT Emergency Shelter Services $103.15 387 $40,000 2. Under Section III, “METHOD OF PAYMENT”, Paragraph D is stricken and replaced with the following: “D. The maximum total amount payable by the City of Ames under this agreement is $107,000 as detailed in the SCOPE OF SERVICES (Section II of this contract), and no greater amount shall be paid.” 3. All other provisions of the original agreement remain in full force and effect. IT WITNESS WHEREOF, the parties hereto have, by their authorized representatives, set their hand and seal: CITY OF AMES, IOWA ATTEST: BY: __________________________ ____________________________ John A. Haila, Mayor Renee Hall, City Clerk Date signed:___________________ [Continued on next page] 48 Page 2 Amendment to agreement between City of Ames and The Salvation Army. THE SALVATION ARMY (AGENCY) Organization Address (please print): BY:___________________________ _____________________________ Print Name and Title: Phone Number: _____________________________ _____________________________ Date signed:___________________ 49 ITEM #:18 DATE:05-14-24 DEPT:City Manager's Office SUBJECT:REQUEST TO MODIFY FY 2023/24 ASSET ALLOCATION TO HEARTLAND OF STORY COUNTY COUNCIL ACTION FORM BACKGROUND: Heartland of Story County has submitted a request to the City to modify its FY 2023/24 ASSET allocation by transferring $3,938 that remains in the Outreach service to the Meals on Wheels (MOW) service. As indicated in Heartland of Story County's letter of request (attached), the funding transfer is being requested due to changes in operations that were not anticipated. The first change was a decrease in FTEs dedicated to Outreach services. The second change is that MOW services have not declined in demand over this fiscal year as Heartland staff initially anticipated. The proposed revisions to the allocations appear in the following table: Service Original Allocation Change Revised Allocation Outreach $48,613 - $3,983 $44,630 Meals on Wheels $86,335 + $3,983 $90,318 TOTAL $134,948 $0 $134,948 If the request to transfer funds is approved, the unit rate for Meals on Wheels ($11.70) remains the same as what is currently indicated in the FY 2023/24 contract. The number of units purchased with the $3,983 transfer will be 340. ALTERNATIVES: 1. Approve the request from Heartland of Story County to transfer $3,983 from Outreach services to Meals on Wheels. 2. Deny the request from Heartland of Story County. CITY MANAGER'S RECOMMENDED ACTION: The requested transfer of funds does not result in increased funding to the organization. The rationale for the transfer is well explained and reasonable. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1 as stated above. ATTACHMENT(S): Heartland FY24 City Reallocation Request.pdf 50 Mission: Heartland of Story County offers life –enriching opportunities for older adults and provides support for their families and caregivers. May 1, 2024 Mayor John Haila and City Council Ames City Hall 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and City Council Members, On behalf of our Board of Directors, I respectfully request that $3,938 in ASSET funding in FY2023/24 be reallocated from Outreach to Meals on Wheels (MOW). During the course of FY 2023/24, we have experienced staffing changes in Outreach. We started the fiscal year with 2 FTEs and by December 2023, we were down to .75 FTE which is where we have remained to date. We are actively recruiting additional Outreach staff and have an ISU intern starting in mid-May to assist with providing services. However, the staff shortage directly impacts on our ability to consistently drawdown the Outreach allocation. We also anticipated that MOW participation would start returning to lower pre- pandemic levels during the current FY. That has not been the case as we remain steady with delivering approximately 210 meals daily Monday – Friday. The City ASSET funds were exhausted as of January 2024. The proposed revisions to the allocations appear in the following table: Service Original allocation Change Revised allocation Outreach $48,613 - $ 3,983 $44,630 Meals on Wheels $86,335 + $3,983 $90,318 TOTAL $134,948 $0 $134,948 PO Box 748 205 S. Walnut Ave. Ames, IA 50010 (515) 233-2906 www.heartlandofstorycounty.org 51 Mission: Heartland of Story County offers life –enriching opportunities for older adults and provides support for their families and caregivers. Thank you for considering this request and for your ongoing support of those 60 and above in Story County. Please let me know if there are any questions. Sincerely, Deb Schildroth Deb Schildroth, LMSW Associate Executive Director 52 ITEM #:19 DATE:05-14-24 DEPT:ADMIN SUBJECT:OUTSIDE FUNDING CONTRACT WITH AMES INTERNATIONAL PARTNER CITIES ASSOCIATION COUNCIL ACTION FORM BACKGROUND: Ames International Partner Cities Association (AIPCA) works to organize civic and cultural exchanges with Ames' international partner communities. AIPCA receives funding from the City through the Outside Funding Request process. For FY 2023/24, the City has entered into a contract with AIPCA in the amount of $5,800. City staff was notified in April that at the time the AIPCA budget and contract were put together, AIPCA was not anticipating the visit of the large contingent from Koshu City, Japan, which occurred in fall 2023. This visit resulted in unanticipated, increased expenses. Additionally, the contract contained funding for further development of a prospective partnership with Podujevo, Kosovo. AIPCA has indicated it will not be able to utilize funds for that purpose during the remainder of this fiscal year. Therefore, AIPCA is requesting an amendment to the budget table in its contract. The total amount of the contract will remain unchanged. The adjustments are indicated below: Task ORIGINAL Budget Changes PROPOSED Budget 1. Partial Travel Expenses for Trip Leaders to Koshu, Japan $2,400 +1,300 $3,700 2. Host Koshu delegation $1,000 +$500 $1,500 3. Delegation Gifts and Preparation $200 +$200 $400 4. Materials and Supplies $200 0 $200 5. Exploration of New Partnership with Podujeva, Kosovo $2,000 -$2,000 0 TOTAL $5,800 $0 $5,800 FY 2022/23 PAYMENT NOT DEPOSITED: Staff was also recently notified that a payment made by the City to AIPCA in FY 2022/23 was never deposited by the organization. AIPCA had completed the task under the contract and submitted timely for the reimbursement, but only recently discovered that the check in the amount of $476 was not deposited. The unused funds therefore returned to the Local Option Sales Tax Fund balance at the end of the 2022/23 fiscal year. AIPCA has requested that a check for this amount be re-issued. Staff is proposing that the amount be issued out of the Local Option Sales Tax Fund available balance. ALTERNATIVES: 1. Approve the requests from AIPCA to: 53 a. Amend the budget table for the FY 2023/24 outside funding request contract b. Re-issue payment in the amount of $476 from the Local Option Sales Tax Fund balance for services rendered and invoiced in FY 2022/23. 2. Refer this request to staff for further information. 3. Do not approve the requests. CITY MANAGER'S RECOMMENDED ACTION: AIPCA encountered unanticipated changes this fiscal year compared to the plans it developed when its funding contract was drafted. The requested changes better reflect the activities the organization will be able to accomplish this fiscal year. There is no change to the total contract amount. Separately, the organization recently discovered that a payment issued by the City in the last fiscal year was never deposited. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 54 ITEM #:20 DATE:05-14-24 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. OF JOHNSTON, IOWA FOR THE INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM (PHASE 4) COUNCIL ACTION FORM BACKGROUND: The Intelligent Transportation System (ITS) Program is a project that will implement real-time optimization of traffic and pedestrian flow at signalized intersections. The FY 2024/25 Capital Improvements Plan (CIP) includes the design and construction of Phase 4 of the City's ITS Master Plan. Phase 4 covers the southwest quadrant of town; including Lincoln Way, South Dakota Ave, and Mortensen Road as shown in the attached map. The design team of HR Green, Inc. and GBASI has designed all three previous phases of the ITS Program. Staff issued an RFP for the design of Phase 3 in January 2023. One proposal was received from the team of HR Green, Inc. and GBASI. In an effort to eliminate the time and costs needed to prepare a proposal, which would be recouped in project fees, staff has negotiated a contract with HR Green, Inc. and GBASI for standard design services for Phase 4 of the ITS Program. Approval of this agreement will require waiving the Purchasing Policies and Procedures requirement for competitive proposals. The table below provides the revenues and expenses for the project: Revenues Expenses ICAAP $1,521,280 Design $241,150 Road Use Tax $558,900 Administration $50,000 G.O. Bonds $476,100 Construction $1,901,600 Total $2,556,280 Total $2,192,750 ALTERNATIVES: 1. Waive the Purchasing Policies and Procedures requirement for competitive proposals and approve the Professional Services Agreement with HR Green, Inc. of Johnston, Iowa for the Intelligent Transportation Systems Program (Phase 4) in an amount not to exceed $241,150. 2. Direct staff to solicit competitive proposals for this engineering work. CITY MANAGER'S RECOMMENDED ACTION: This design team has designed the previous three phases of the ITS project. Staff has been satisfied with the prior work and the value provided by the firms. No other firms submitted a proposal for Phase 3 design services, so staff is not confident that a competitive process for Phase 4 design services would yield an improved result. Proceeding with this professional service agreement will allow the work to get underway more quickly, and at a price that staff believes is reasonable for the scope of the work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, 55 as noted above. ATTACHMENT(S): ITS Phase 4 Map.pdf 56 57 ITEM #:21 DATE:05-14-24 DEPT:PW SUBJECT:IOWA DOT IOWA CLEAN AIR ATTAINMENT PROGRAM AGREEMENT FOR $1,521,280 FOR THE INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM (PHASE 4) COUNCIL ACTION FORM BACKGROUND: The Intelligent Transportation System (ITS) Program is a project that will implement real-time optimization of traffic and pedestrian flow at signalized intersections. The FY 2024/25 Capital Improvements Plan (CIP) includes the design and construction of Phase 4 of the City's ITS Master Plan. Phase 4 covers the southwest quadrant of the City; including Lincoln Way, South Dakota Ave, and Mortensen Road as shown in the attached map. The City has received an Iowa Clean Air Attainment Program (ICAAP) grant from the DOT in the amount of $1,521,280 for the Phase 4 project. Approval of the grant agreement is now requested. Project revenues and estimated expenses are shown below: Revenues Expenses ICAAP (this item)$1,521,280 Design $241,150 Road Use Tax $558,900 Administration $50,000 G.O. Bonds $476,100 Construction $1,901,600 Total $2,556,280 Total $2,192,750 ALTERNATIVES: 1. Approve the Iowa DOT Iowa Clean Air Attainment Program agreement for $1,521,280 for the Intelligent Transportation Systems Program (Phase 4). 2. Reject the grant agreement and direct staff to identify alternative funding sources. CITY MANAGER'S RECOMMENDED ACTION: The ICAAP grant funds will be critical for proceeding with Phase 4 of the ITS program and keeping the project moving forward. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): ITS Phase 4 Map.pdf 58 59 ITEM #:22 DATE:05-14-24 DEPT:PW SUBJECT:SIGNALIZED INTERSECTION TRAFFIC DETECTION SYSTEM PURCHASE COUNCIL ACTION FORM BACKGROUND: At its March 12, 2024 meeting, City Council approved single source purchases for NoTraffic Video/Radar Detection Systems from General Traffic Controls of Spencer, Iowa to be used for several current and future CIP projects. These systems allow for more sophisticated, reliable, and efficient management of traffic through the Intelligent Transportation System project. The NoTraffic systems were selected following an exploration of a variety of systems and were selected due to their features, cost, and compatibility with the City's traffic system. Since that original approval, it was determined that an additional four detection systems are required to completely furnish Phases 1 and 2 of the Intelligent Transportation System with video/radar detection systems. The table below provides information for each detection system. Fiscal Year ITS Phase Location Cost 2020/21 Phase 1 S. Duff Ave & S. 5th Street $25,853 2020/21 Phase 1 Duff Ave & 13th Street $25,853 2021/22 Phase 2 University Blvd & Hwy 30 NB Ramp $25,853 2021/22 Phase 2 University Blvd & HWY 30 SB Ramp $25,853 Total $103,412 The program funding from Phases 1 and 2 of the ITS Program is sufficient to finance the purchase of this equipment as necessary to complete each phase. ALTERNATIVES: 1. Approve the purchases of NoTraffic Video/Radar Detection Systems from General Traffic Controls, Spencer, Iowa in an amount not to exceed $103,412 as a single source provider. 2. Do not approve the purchase of traffic detection systems. CITY MANAGER'S RECOMMENDED ACTION: Staff has reviewed available technology and selected the system best suited to integrate with the City's traffic signal network needs while providing the City with the best value. Funding for these units has already been approved through the annual budget process and is sufficient for this purchase. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 60 ITEM #:23 DATE:05-14-24 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 is volatile and appears to depend on the weather at and following 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 the capital Improvement projects, along with small projects as needed. Other areas may be added by change order if necessary. City staff has completed plans and specifications for this project with a summary of revenues and projected expenses, shown below. Funding Source (2024/25 ROW Restoration) 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 Engineer's Estimate of Construction $184,130 Engineering and Administration $ 30,000 TOTAL $325,000 $214,130 ALTERNATIVES: 1. Approve plans and specifications for the 2024/25 Right-of-Way Restoration program and establish June 5, 2024, as the date of letting and June 11, 2025, as the date for report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: Proceeding with this project will make it possible to begin restoration efforts on 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. 61 ITEM #:24 DATE:05-14-24 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. This year ’s program will be addressing know locations where sump pump water discharges directly over the back of curb. The location of the project will be Douglas Ave from 14th Street to 16th Street. City staff has completed plans and specifications for this project with a summary of revenues and projected expenses, shown below. Funding Source Available Revenue Estimated Expenses Clear Water Diversion Program Carry Over $26,686 2023/24 Clear Water Diversion Program $50,000 2024/25 Clear Water Diversion Program $50,000 Engineer's Estimate of Construction $109,755 Engineering and Administration $ 16,000 TOTAL $126,686 $125,755 ALTERNATIVES: 1. Approve plans and specifications for the 2024/25 Clear Water Diversion Program, and establish June 5, 2024, as the date of letting and June 11, 2025, as the date for report of bids. 2. Do not approve this project. 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. By approving the plans and specifications it will be possible for construction to commence during 2024. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 62 ITEM #:25 DATE:05-14-24 DEPT:ELEC SUBJECT:BOILER MAINTENANCE SERVICES CONTRACT FOR POWER PLANT - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: This contract consists of a variety of boiler and pressure vessel maintenance, including structural steel and pressure vessel repair at the Power Plant. The contractor provides emergency service as well as regularly planned repairs and services during scheduled outages. On July 26, 2022, Council awarded a contract to TEI Construction Services, Inc., Duncan, SC, for the Boiler Maintenance Services Contract for Power Plant. These services were to be furnished as requested from the award date through June 30, 2023. 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. The City Council should note that the rates which will be charged by TEI Construction Services, Inc. will increase 3%, as indicated on their 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. Invoices will be based on contract rates for time and materials for services actually received and accepted by the City. The FY 2024/25 operating budget includes $360,000 for these services. ALTERNATIVES: 1. Approve the contract renewal with TEI Construction Services Inc., Duncan, SC, for Boiler Maintenance Services Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $360,000. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: It is important to have a highly skilled company to perform maintenance services on the City’s power plant boilers. These boilers operate at high temperatures and under high pressures. Work may be scheduled or required under short notice conditions. Having a contract in place allows for quick response time at a predetermined cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 63 ATTACHMENT(S): Boiler Maintenance Pricing 24-25.xlsx 64 Hourly Rate (ST) Hourly Rate (OT) Hourly Rate (ST) Hourly Rate (OT) Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 Journeyman $46.97 $66.41 $48.38 $68.41 Foreman N/A N/A N/A N/A General Foreman N/A N/A N/A N/A Superintendent N/A N/A N/A N/A Journeyman $46.97 $66.41 $48.38 $68.41 Foreman N/A N/A N/A N/A General Foreman N/A N/A N/A N/A Superintendent N/A N/A N/A N/A Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 Journeyman $60.97 $87.41 $62.79 $90.03 Foreman $64.08 $92.07 $66.00 $94.83 General Foreman $98.90 $136.24 $101.87 $140.33 Superintendent $109.79 $152.56 $113.08 $157.14 TRAVEL & SUBSISTENCE RATE TEiC subsistence paid 7 days per PROPOSED FY2024-25 RATE TEiC subsistence paid 7 days per DESCRIPTION Subsistence: Day Shift Night Shift Day Shift Night Shift Steamfitter: Day Shift Night Shift Millwright: Night Shift Laborer: Boilermaker: Day Shift FY2023-24 DESCRIPTION BOILER MAINTENANCE CONTRACT 65 $ 143.22 per day $ 127.31 per day (laborers do not receive any) $ 139.05 per day $ 123.60 per day (laborers do not receive any) Supervisors Craft 66 ITEM #:26 DATE:05-14-24 DEPT:ELEC SUBJECT:BOILER TUBE SPRAY COATING AND RELATED SERVICES AND SUPPLY CONTRACT FOR POWER PLANT - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: This contract is for a contractor to provide and install new boiler tube coating and surface preparation at the City’s Power Plant. This coating has been found effective against the corrosive wear on the boiler tubes. A majority of the boiler tube walls in Unit 8 do not have shop-applied coating and require routine spray coatings to maintain protection. This contract addresses that routine application of protective coating. Failure to maintain the coating will cause the boiler tubes to wear much more quickly, resulting in premature failure and costly repairs. On July 26, 2022, Council awarded a contract to Integrated Global Services, Inc., Richmond, VA, for the Boiler Tube Spray Coating and Related Services and Supply Contract for Power Plant. These services were to be furnished as requested from the award date through June 30, 2023. 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. 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 City Council should note that the labor rates which will be charged by Integrated Global Services, Inc. will increase approximately 5% and the material rates will increase approximately 8%. A comparison of rates is attached. Staff finds these increases to be acceptable for the following reasons: 1) It has been very difficult to find a tube spray coating contractor that understands the product and the precision needed to install the coating. During the last five years, only two companies have been able to meet the specifications required by the Power Plant: IGS and Whertec. Whertec recently closed, and IGS was the only bidder for the most recent contract. 2) Staff has seen high labor and material price increases consistent with IGS from many other vendor and service providers within the last few years. Invoices will be based on contract rates for time and materials for services actually received and accepted by the City. The FY 2024/25 operating budget includes $535,000 for these services. This amount is expected to remain similar to the amount budgeted in the prior year. The coating applied in recent years has performed well and is not expected to need annual reapplication to the same areas. The budgeted funding will allow the entire areas requiring coating to be resurfaced approximately every six years. 67 ALTERNATIVES: 1. Approve the contract renewal with Integrated Global Services, Inc., Richmond, VA, for the Boiler Tube Spray Coating and Related Services and Supply Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $535,000. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: It is important to have a highly skilled company to perform maintenance services on the City’s power plant boilers. These boilers operate at high temperatures and under high pressures. Work may be scheduled or required under short notice conditions. Having a contract in place allows for quick response time at a predetermined cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ATTACHMENT(S): FINAL Boiler Tube Spray Coating Renewal 24-25.xls 68 Percent Increase DESCRIPTION Hourly Rate (ST) Hourly Rate (OT) Hourly Rate (DT) Hourly Rate (ST) Hourly Rate (OT) Hourly Rate (DT) Supervisor $ 101.00 $ 151.50 $ 202.00 $ 106.00 $ 159.00 $ 212.00 5% Foreman $ 89.00 $ 133.50 $ 178.00 $ 93.00 $ 139.50 $ 186.00 4% Technician $ 86.00 $ 129.00 $ 172.00 $ 90.00 $ 135.00 $ 180.00 5% Team Leader $ 94.00 $ 141.00 $ 188.00 $ 98.00 $ 147.00 $ 196.00 4% Subsistence: 6% Travel: 5% Mileage: Material Costs:5% Ave increase Large Air Compressor: Sandblasting Rig: Metal Spray Rig: IGS 5470 10% Sand (Garnet)7% Abrasive Media (Aluminum Oxide)6% IGS 6045E - 2-3 Mils 10% Safety Supplies 6% HVTS Consumables 6% Blast Pot Complete (ea)9% Excalibur 3000 Complete HVAS (EA)8% 3rd party equip rental Scaffolding Services 8% Ave Increase 23/24 $236.00 per person per day $3,424.00 per person N/A Rate sheet provided N/A N/A N/A $104.00/lb $.55/lb $1.27/lb $1050.00/gal $3.50/mh $5.30/mh $230.00/day $400.00/day Cost plus 15% Cost plus 15% $114.00/lb $.59/lb $1.35/lb $1150.00/gal 24/25 $249.00 per person per day $3,606.00 per person N/A Rate sheet provided N/A Misc. Tools and Equipment Rates $3.70/mh $5.60/mh $250.00/day $430.00/day Cost plus 15% Cost plus 15% N/A N/A 69 ITEM #:27 DATE:05-14-24 DEPT:ELEC SUBJECT:VALVE MAINTENANCE AND RELATED SERVICES AND SUPPLIES CONTRACT FOR POWER PLANT - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: The Electric Utility’s two natural gas-fired, high-pressure steam generation units are referred to as Units No. 7 and 8. These units require regular professional maintenance and repair. This consists of emergency service, as well as regularly scheduled planned repairs and services during scheduled outages. Services include a variety of boiler and pressure vessel maintenance and repairs, structural steel, pump and piping work, and other miscellaneous mechanical Power Plant work. Due to these operational conditions, numerous valves are used to operate the Power Plant. These include isolation, control, check, relief and safety valves, which must be professionally repaired, tested, installed, replaced and maintained. Specially trained personnel perform this work. On May 24, 2022, City Council awarded the Valve Maintenance, Related Services and Supplies Contract to Pioneer Industrial Corporation, Kansas City, MO. 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 Pioneer Industrial Corporation will increase 3% 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 $60,000 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 Pioneer Industrial Corp, Kansas City, MO for the Valve Maintenance and Related Services and Supplies Contract for Power Plant for the one-year period from July 1, 2024 through June 30, 2025 in an amount not-to-exceed $60,000 2. Reject the renewal option and instruct staff to seek new competitive bids. 70 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 valve maintenance, and it will also 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): valve 24-25 renewal rates.xlsx 71 Valve Maintenance and Related Services and Supplies Contract Pioneer Industrial Corp Pioneer Industrial Corp Line #Description 23-24 Rates 24-25 Rates 1 LABOR AND RELATED COSTS List rates for specification classifications. Attach additional sheet, if necessary, to list other classifications with rates that are offered to meet City of Ames requirements. 2 Foreman Hourly Rate - STRAIGHT TIME $85.49 $88.05 3 Foreman Hourly Rate - OVERTIME $128.235 $132.08 4 Foreman Hourly Rate - DOUBLE TIME $170.98 $176.11 5 Journeyman Hourly Rate - STRAIGHT TIME $92.70 $95.48 6 Journeyman Hourly Rate - OVERTIME $139.05 $143.22 7 Journeyman Hourly Rate -DOUBLE TIME $185.40 $190.96 8 Valve Technician Hourly Rate - STRAIGHT TIME $74.16 $76.38 9 Valve Technician Hourly Rate - OVERTIME $111.24 $114.58 10 Valve Technician Hourly Rate - DOUBLE TIME $146.26 $150.65 11 Instrument Technician Hourly Rate - STRAIGHT TIME $121.54 $125.19 12 Instrument Technician Hourly Rate - OVERTIME $182.31 $187.78 13 Instrument Technician Hourly Rate - DOUBLE TIME $243.08 $250.37 14 TRAVEL SUBSISTENCE Bidders must list other rates that would apply to travel subsistence necessary to successfully complete the work. Attach an additional sheet if necessary. 15 Foreman Subsistence $231.75 $238.70 16 Journeyman Subsistence $231.75 $238.70 17 Valve Technician Subsistence $231.75 $238.70 18 Foreman Travel $85.49 $88.05 19 Foreman Mileage $1.648 $1.70 20 Journeyman Travel $92.70 $95.48 21 Journeyman Mileage $1.648 $1.70 22 Valve Technician Travel $74.16 $76.38 23 Valve Technician Mileage $1.648 $1.70 24 DELIVERIES 25 Travel $61.80 $63.65 26 Mileage $1.648 $1.70 27 EQUIPMENT Contractor shall furnish other tools and equipment necessary to complete the work in accordance with City of Ames requirements. List per-day and per-week rates for specifiedequipment, plus list all other applicable items along with rates to which a cost would apply.Attach additional sheet if necessary. 28 Mobile Shop Trailer - PER DAY $891.774 $918.53 29 Mobile Shop Trailer - PER WEEK $4,455.78 $4,589.45 2022-038 - Page 172 30 Packing Extractor - PER DAY $517.06 $532.57 31 Packing Extractor - PER WEEK $2,585.30 $2,662.86 32 Truck - PER DAY $154.50 $159.14 33 Truck - PER WEEK $1,081.50 $1,113.95 34 Hydro Set Testing Device- PER DAY $515.00 $530.45 35 Hydro Set Testing Device- PER WEEK $3,090.00 $3,182.70 36 Electronic Valve Tester- PER DAY $515.00 $530.45 37 Electronic Valve Tester - PER WEEK $3,090.00 $3,182.70 38 Reseating Machine - PER DAY $566.50 $583.50 39 Reseating Machine- PER WEEK $3,399.00 $3,500.97 40 Valve Bore Honing Tool- PER DAY $566.50 $583.50 41 Valve Bore Honing Tool- PER WEEK $3,399.00 $3,500.97 42 Gate Valve Machine (1 1/2" to 14" valve size) - PER DAY $566.50 $583.50 43 Gate Valve Machine(1 1/2" to 14" valve size)- PER WEEK $3,399.00 $3,500.97 44 Gate Valve Machine (8" to 30" valve size)- PER DAY $721.00 $742.63 45 Gate Valve Machine(8" to 30" valve size) - PER WEEK $4,326.00 $4,455.78 46 MATERIAL COSTS Bidders must list other rates that would apply to materials necessary to successfully complete the work. Attach an additional sheet if necessary. 47 Cost Plus ___________%25.0%25.0% 48 OTHER RATES Bidders must list other rates that would apply to services, equipment, or other components necessary to successfully complete the work. The City of Ames will not pay any fees not identified. Attach an additional sheet if necessary. 49 Shop Truck Mileage $1.60 $1.65 50 Mobile Shop Trailer Mileage $6.59 $6.79 51 Contract Renewal Options Pricing to remain firm for each contract period 52 Percentage increase per year,if applicable Labor Rates (% increase per year)3.0%3.0% 53 Percentage increase per year, if applicable Travel Subsistence (% increase per year)3.0%3.0% 54 Percentage increase per year, if applicable Equipment Tools (% increase per year)3.0%3.0% 2022-038 - Page 273 ITEM #:28 DATE:05-14-24 DEPT:ELEC SUBJECT:ASBESTOS REMEDIATION AND RELATED SERVICES AND SUPPLY CONTRACT COUNCIL ACTION FORM BACKGROUND: This contract involves the removal and proper disposal of asbestos insulation at the Power Plant, including Units 5 and 6 (both retired) and operating units 7 and 8. The two retired units and Unit 7 were primarily insulated with asbestos type insulation when constructed. Unit 8 is considered “asbestos free." In addition, there are other areas located in the Power Plant that have been insulated with asbestos type insulation, such as some of the building insulation and building heating system. The current contract for these services was bid in 2019 and there are no remaining renewal options. These services include removal and disposal of asbestos containing insulation, and the remediation/encapsulation of identified areas or where an encapsulated surface is damaged. Asbestos must be removed and disposed of per State and Federal regulations before retired equipment can be physically removed. In addition, asbestos should be removed or encapsulated where employees will be working. The Power Plant benefits from having a service contract with a firm that provides routine and emergency asbestos remediation services. The benefits include 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, and saved City staff time obtaining quotes, evaluating bids, and preparing specifications and other procurement documentation. On March 25, 2024, an Invitation to Bid was posted on AmesBids by the City's Purchasing Division. On April 19, 2024, one bid was received from Earth Services & Abatement (ESA) LLC., Des Moines, I o w a . Staff reviewed the bid and determined that the bid from Earth Services & Abatement of Des Moines, Iowa, is acceptable. ESA has been working with the City of Ames Power Plant for the last 15 years and has never had a safety incident or OSHA violation while on site. The prices for FY24/25 increased 3% from the previous contract. The approved FY 2024/25 Power Plant operating budget includes $150,000 for asbestos removal. Invoices will be based on contract rates for time and materials for services actually received. ALTERNATIVES: 1. Approve the contract with Earth Services & Abatement for Asbestos Remediation 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 $150,000 2. Reject the bid and instruct staff to seek new competitive bids. 74 CITY MANAGER'S RECOMMENDED ACTION: Asbestos removal and encapsulation must be performed by an asbestos contractor that comes with a clean safety record and experience that proves the contractor can be trusted and relied on to perform remediation correctly and safely. Removal and encapsulation will be an on-going cost, since most of the old equipment at the Power Plant was insulated with asbestos. This 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): Asbestos Remediation Contract award.xlsx 75 Description UOM FY23/24 FY24/25 % Increase Supervisor Hourly Rate - STRAIGHT TIME HR $88.92 $91.59 3% Supervisor Hourly Rate - OVERTIME HR $133.37 $137.37 3% Supervisor Hourly Rate - DOUBLE TIME HR $177.83 $183.16 3% Asbestos Laborer - STRAIGHT TIME HR $76.53 $78.83 3% Asbestos Laborer - OVERTIME HR $114.80 $118.24 3% Asbestos Laborer - DOUBLE TIME HR $153.07 $157.66 3% Subsistence DAY $82.16 $84.62 3% Travel (per person)EA $55.75 $57.45 3% Material Costs:Cost plus ________%10.0%10.0% Contract Renewal Period Labor Rates 3.0% Travel & Subsistence 3.0% Asbestos Remediation & Related Services and Supply Contract Earth Services & Abatement 2024-133 - Page 176 ITEM #:29 DATE:05-14-24 DEPT:ELEC SUBJECT:FY 2024/25 ELECTRIC SERVICES FUEL SUPPLY CONTRACT COUNCIL ACTION FORM BACKGROUND: This contract is for the purchase of #2 ultra-low sulfur diesel fuel for Electric Services. The utility has a 250,000-gallon main fuel tank located at the Dayton Substation to fuel the two CT (combustion-turbine) units. The 250,000 gallon tank provides enough fuel for the two combustion-turbines to produce maximum electrical generation for only three continuous days. The tank will require larger refill volumes and quick refills should an emergency dictate that the CTs stay on-line. The scope of work for this contract includes supplying fuel to the CT units as needed. Suppliers were asked to provide pricing based in the form of a markup to the daily-published “rack” average fuel price at the Des Moines, Iowa terminal for stated products. This contract is to supply #2 ultra-low sulfur diesel fuel to Electric Services for the period from July 1, 2024 through June 30, 2025. The contract includes a provision that would allow the City to renew the contract for up to four additional one-year terms at a cost increase of 5% per year. The goal of the contract is to create efficiency and flexibility in the purchase of a valuable commodity, ensuring that the City is able to use opportunity purchasing and to lock in performance criteria for the suppliers. On April 26, 2024, 3 bids were received as shown in the table below: Vendor Buckeye Terminal Cost Magellan Terminal Cost Sunoco, LLC Dallas, TX $0.0222 $0.0222 Petroleum Traders, Corp Fort Wayne, IN $0.0752 $0.0436 New Century FS Grinnell, IA $0.0600 $0.0600 Staff has reviewed the bids and concluded that the apparent low bid submitted by Sunoco, LLC, in the amount of $0.0222 increase on the Magellan “rack” fuel price, and in the amount of $0.0222 on the Buckeye “rack” fuel price is acceptable. Magellan and Buckeye are two fueling terminals. Buckeye tends to have a more consistent and better fuel quality, which makes it the preferred terminal. However, if delivery is unavailable from Buckeye, having Magellan as an alternative is a necessity. Council should note that actual cost invoices will be based on the amount of fuel purchased and the price of the fuel at the time of purchase. The approved FY 2024/25 operating budget includes $300,000 for diesel fuel purchases. ALTERNATIVES: 77 1. Award a contract for supplying diesel fuel to the City's combustion turbine units for FY 2024/25 to Sunoco, LLC, in the amount of $0.0222 increase on the Magellan "rack" fuel price, and in the amount of $0.0222 increase on the Buckeye "rack" fuel price with a total amount not-to-exceed $300,000. The contract includes a provision that would allow the City to renew the contract for up to four additional one-year terms at an annual increase in cost of 5% per year. 2. Award a contract to one of the other bidders. 3. Reject all bids and purchase fuel on a daily basis. CITY MANAGER'S RECOMMENDED ACTION: This contract will offer the City the ability to have flexibility in fuel purchasing and to maintain standards of performance for fuel content and fuel delivery. Detailed ordering and delivery procedures will also be part of this contract. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 78 ITEM #:30 DATE:05-14-24 DEPT:Electric SUBJECT:AWARD OF CONTRACT TO PROVIDE AND INSTALL A REMOTE RACKING SYSTEM FOR THE ELECTRIC SERVICES DEPARTMENT COUNCIL ACTION FORM BACKGROUND: The Electric Department maintains substations throughout the community that contain breakers, relays, and a variety of other electrical equipment. The process of manually engaging or disengaging a breaker is called "racking." Racking a breaker is a hazardous operation. Specialized equipment, training, and procedures are necessary to protect employees from potential arc flash that may occur during a racking operation. Included among these procedures are the removal of any people from the area who are not involved in performing the procedure. To reduce these risks, staff intends to install a remote racking system on a total of 24 breakers located in four separate substations within the Ames Electric Services system. This equipment allows the user to rack out substation class breakers at a safe distance, outside of the building where the breaker is located. Ideally, staff would be able to operate the breaker at distances of 100 to 150 feet away. Bids were solicited for a remote racking system. On April 9, 2024, bids were received as follows: BIDDER COST inoLECT, Baton Rouge, LA $48,500.00 Radwell International, Willingboro, NJ $99,170.01 Remote Solutions, Tucson, AZ $101,552.41 Two main requirements outlined in the bid were: 1. The system works on all breakers in Ames' system without reconfiguration 2. Equipment can easily be transported and used by one person The two low bidders' systems were either too heavy or would not work at all substations as configured. Staff evaluated the bid from Remote Solutions, and this bid is acceptable. The approved FY 2023/24 budget contains $115,105.05 for this purchase. ALTERNATIVES: 1. Award contract to Remote Solutions, LLC, of Tucson, AZ to provide and install a remote racking system for the Electric Department's Technical Services Division - Substations in the amount of $101,552.41. 2. Purchase a system from one of the other bidders. 3. Reject the award and direct staff to re-bid. 79 CITY MANAGER'S RECOMMENDED ACTION: Remote Solutions provides a portable racking system that can be utilized across the City's substations and be easily used by one person. This safety equipment allows personnel to be removed from the hazardous energy of a failed breaker during rack out procedures to avoid the risk of injury. Therefore, it is the recommendation of the City Manager to approve Alternative #1, as described above. 80 ITEM #:31 DATE:05-14-24 DEPT:W&PC SUBJECT:LIQUID SODIUM HYPOCHLORITE PURCHASE FOR WATER TREATMENT PLANT AND POWER PLANT COUNCIL ACTION FORM BACKGROUND: This contract is for the purchase of sodium hypochlorite, which is used for disinfection in the water treatment process at the Water Plant and treatment of cooling tower water at the Power Plant. The following bids were received for the purchase of sodium hypochlorite on May 8, 2024: Bidder FY 2024/25 Price per Gallon Optional FY 2025/26 Price per Gallon Hawkins, Inc., Roseville, MN $1.82 No Bid Rowell Chemical Corp., Hinsdale, IL $1.88 $1.95 DPC Industries, Inc., Bellevue, NE $2.13 $2.23 ACCO Unlimited $3.48 No Bid Staff is recommending an award for FY2024/25 to Hawkins Inc. with a unit price of $1.82 per gallon, which is a 19.2% decrease compared to the current contract of $2.27 per gallon. Actual usage of sodium hypochlorite will depend on water quality and consumption. The FY 2024/25 Water Plant operating budget estimates 65,000 gallons at $2.48 per gallon for a total of $161,200. The Power Plant budget includes $42,000 for sodium hypochlorite. Bidders were given the option to provide a bid for FY2025/26. Since Hawkins did not provide a bid for the optional second year, the City will bid for sodium hypochlorite needs for FY2025/26 at a later time. ALTERNATIVES: 1. Award a contract for the purchase of sodium hypochlorite to Hawkins, Inc. of Roseville, MN at $1.82 per gallon for FY 2024/25. 2. Determine that a different bid is in the best interests of the City and award a contract to that bidder. 3. Reject all bids and attempt to obtain the required supplies on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: Liquid sodium hypochlorite is an essential treatment chemical, as it provides the final disinfectant barrier that keeps drinking water and cooling tower water safe from microbial contaminants. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 81 ITEM #:32 DATE:05-14-24 DEPT:W&PC SUBJECT:FY 2024/25 PEBBLE LIME PURCHASE FOR WATER TREATMENT COUNCIL ACTION FORM BACKGROUND: Pebble lime is used in the water treatment process to remove water hardness. Approximately 2,900 tons are used annually, and it is the largest chemical cost for the Water Plant. On June 30, the City's existing contract for a supply of lime will expire. The expiring contract did not include a provision for a renewal, so the contract has been rebid. The invitation to bid contained an option for an extension into FY 2025/26. On May 8, 2023, bids were received as follows: Bidder 7/1/2024 - 6/30/2025 Price Per Ton Optional Extension 7/1/2025 - 6/30/2026 Graymont Western Lime Inc West Bend, WI $252.00 $267.00 Mississippi Lime Company St Louis, MO $257.81 No Bid Lhoist North America of Mississippi St. Genevieve, MO $635.15 No Bid The bid specifications required that the product to be supplied must contain at a minimum 92% effective calcium oxide. The information provided by Graymont showed its product to be 91.5%, which is non-responsive to the bid requirements. The information provided by Mississippi Lime showed an effective calcium oxide concentration of 95.4%, which fully meets the specifications. The Graymont Western Lime product does not meet the bid specification and is non-responsive. Additionally, the Mississippi Lime product is more cost effective, since it would require 4% less tons to be used to achieve the same calcium oxide content in the water, despite being only 2.3% more expensive. Therefore, staff is recommending award of a contract to Mississippi Lime. Prior to determining that Graymont's bid did not meet specifications, Staff completed a side-by- side comparison of the lime quality between Graymont and Mississippi. Staff found that the product provided by Mississippi had a higher effective calcium oxide content (approximately 4% higher) and generated less grit. Additionally, the plant operators reported experiencing no problems in maintaining a stable process using the Mississippi product. Based on the difference in calcium oxide content, staff has determined that Mississippi Lime is likely to provide an overall lower cost for lime compared to Graymont. The recommended bid price of $257.81 per ton for FY 2024/25 represents an 11.1% increase in the unit price over the current contract price of $232 per ton. Mississippi's extended bid price of $257.81 per ton times an estimated 3,000 tons gives a projected annual cost of $773,430, which is below the FY 2024/25 adopted budget of $817,344 for this product. 82 ALTERNATIVES: 1. Award a contract for the purchase of pebble lime in FY 2024/25 to Mississippi Lime Company of St. Louis, MO in a unit price of $257.81 per ton. 2. Determine that another bid is in the best interest of the City and award to that bidder. 3. Reject all bids and attempt to obtain the required supplies on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: An adequate supply of pebble lime is essential for the established water softening process at the Water Treatment Plant. The product that would be provided by the lowest bidder does not meet the specifications and has been deemed non responsive. Additionally, Mississippi Lime Company has demonstrated an ability to provide a product with a higher calcium oxide content than the lowest (non responsive) unit price bidder. Staff believes the difference is enough that the total overall cost to purchase lime would be lowest with the product from Mississippi Lime Company. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 83 ITEM #:33 DATE:05-14-24 DEPT:W&PC SUBJECT:AWARD YEAR THREE OF WATER PLANT WELL REHABILITATION CONTRACT COUNCIL ACTION FORM BACKGROUND: Well rehabilitation is an important maintenance activity to ensure proper functioning of the water wells used to supply drinking water for the community and prevent premature well failure. On June 14, 2022, Council awarded a well rehabilitation contract to Northway Well and Pump Company of Waukee, Iowa. The contract offered optional annual renewals to rehabilitate additional wells over the next four years (for a maximum total of five years). Staff is recommending award of year three of the contract with Northway Well and Pump Company. This will provide for the rehabilitation of five wells in FY 2024/25. Under the terms of the contract, adjustments from the base bid prices provided in 2022 are made using a Consumer Price Index (CPI) adjustment factor. The March CPI factor used to adjust from the FY 2022/23 bid to the FY 2024/25 contract is 9.21% over the two years, yielding a contract price for FY 2024/25 of $154,208. The FY 2024/25 Water Plant operating budget contains $159,085 for the rehabilitation of City Well Nos. 6, 7, 16, 19, and 24, and an additional $37,500 for repairs as needed. ALTERNATIVES: 1. Award year three of a contract to Northway Well and Pump Company of Waukee, IA for the Water Plant Well Rehabilitation Program in the amount of $154,208 for rehabilitation of five wells in FY 2024/25. 2. Do not award the contract, and direct staff to solicit new bids for the rehabilitation work. 3. Do not award the contract, and direct staff not to pursue well rehabilitation for FY 2024/25. This could result in lowered capacity in the wells and potentially to premature failure of the wells and appurtenances. CITY MANAGER'S RECOMMENDED ACTION: Regular well maintenance is necessary to ensure the availability of well water volumes to meet the city’s current and future drinking water demands. Staff has determined a five-year cycle of well rehabilitation to be an effective means of maintaining well production. The contract awarded to Northway Well and Pump Company included an option for up to four annual renewals. Northway has performed effectively in the prior years’ work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 84 ITEM #:34 DATE:05-14-24 DEPT:FLEET SUBJECT:OILS, LUBRICANTS, AND FLUID ANALYSIS CONTRACT FOR FLEET SERVICES AND AMES TRANSIT AGENCY (CYRIDE) COUNCIL ACTION FORM BACKGROUND: Fleet Services and CyRide currently purchase oil and lubricants from a single contract. Oils and lubricants are purchased to replenish Fleet Service’s parts inventory, which is then available for servicing City vehicles and equipment as needed. The departments that use the oils and lubricants from Fleet are billed accordingly as a pass-through cost. CyRide, however, maintains its own inventory of required oil and lubricants to maintain its vehicles. On June 28, 2022, City Council awarded a contract for the purchase of oils, lubricants, and fluid analysis to Diamond Oil Company of Des Moines, Iowa. The initial contract period was from July 1, 2022 through June 30, 2023. The contract also offered an optional annual renewal for up to four additional years for a total maximum of 5 years. Combining oil and lubricant purchases allows Fleet Services and CyRide to leverage the combined volumes to receive more favorable pricing. This contract also includes oil analysis kits to assist staff with properly maintaining vehicles. Staff is recommending approval of Year Three of the contract with Diamond Oil Company for July 1, 2024 through June 30, 2025. The Fleet Services operating budget estimates $14,700 for the purchase of oils, lubricants, and fluid analysis in FY 2024/25 based on projected usage, which remains the same as the previous year. T he CyRide operating budget estimates $60,000 for these services in FY 2024/25, which represents a $4,000 increase over the previous fiscal year due to increased projected usage. Diamond Oil confirmed their product pricing for FY2024/25 will remain the same as FY2023/24. ALTERNATIVES: 1. Award Year Three of a possible 5-year contract for the purchase of oils, lubricants, and fluid analysis to Diamond Oil Company of Des Moines, IA, in accordance with unit prices bid, for fiscal year 2024/25. 2. Do not award a contract and direct staff to solicit new bids for the purchase of oils, lubricants, and fluid analysis. 3. Do not award a contract and direct staff to obtain oils, lubricants, and fluid analysis on an as- needed basis. CITY MANAGER'S RECOMMENDED ACTION: Combining the purchase of oil, lubricant, and fluid analysis kits for Fleet Services and CyRide allows the City to leverage the combined volumes to receive more favorable pricing. This approach realizes the lowest possible cost to the City, while ensuring that equipment needs are available when needed. Therefore, it is the recommendation of the City Manager to approve Alternative No. 1, as described above. 85 ITEM #:35 DATE:05-14-24 DEPT:PW SUBJECT:AWARD OF FY 2024/25 ANNUAL CONCRETE & ASPHALT CRUSHING CONTRACT COUNCIL ACTION FORM BACKGROUND: This contract is for crushing concrete and asphalt for the FY 2024/25 fiscal year. Salvaged and stockpiled concrete and asphalt from various street projects will be crushed into various sizes to be reused for other projects. The estimated total cost is based on 5,000 tons. The approved 2024/25 operating budget for the Public Works Department includes $60,000 for concrete and asphalt crushing. Bids were solicited for work during FY 2024/25, with two optional renewal periods. The following bids were received on April 19, 2024: Bidder FY 2024/25 Estimated Cost FY 2025/26 Estimated Cost FY 2026/27 Estimated Cost Reilly Construction Co., Ossian, IA $41,000 $44,750 $48,500 Maxim Trucking & Materials, Pella, IA $48,750 $52,250 $55,750 C.J. Moyna & Sons, LLC, Elkader, IA $83,170 $89,600 $96,090 *Murphy Heavy Contracting provided a non-responsive bid. They did not provide a bid for all requested gradations of crushed concrete, did not provide a firm mobilization fee, and did not provide the option to extend the contract beyond the first year. As noted, the bids were based on an anticipated 5,000 tons of crushed material per year. The low bid of $41,000 from Reilly Construction averages to $8.20/ton. ALTERNATIVES: 1. Award the contract for 2024/25 concrete and asphalt crushing to Reilly Construction Co., Ossian, IA, in an amount-not-to-exceed $60,000 for Year 1. 2. Award a contract to one of the other bidders. 3. Reject the bids and attempt to obtain the required services on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: The approved FY 2024/25 operating budget for the Public Works Department includes $60,000 for concrete and asphalt crushing. The staff is recommending that the contract be awarded for up to the this amount to cover additional material that may become available and necessary to crush. Costs will be based on the actual amount of material crushed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 86 ITEM #:36 DATE:05-14-24 DEPT:Fleet SUBJECT:PURCHASE OF THREE FORD POLICE INTERCEPTORS FOR POLICE PATROL COUNCIL ACTION FORM BACKGROUND: Over the past several years, the City has increased the proportion of hybrid vehicles in the Police Patrol vehicle fleet. The hybrid Ford Police Interceptors have a marginally increased purchase price compared to standard gasoline-only version of the vehicle but consume substantially less fuel and require less frequent oil changes and brake services. The hybrids, therefore, have a lower life-cycle cost to operate and better align with the City's climate goals in reducing greenhouse gas emissions. Unfortunately, in the past 2-3 years, supply chain constraints have resulted in a severe shortage of the number of new vehicles being produced, especially hybrid Police Interceptor models. Because the Police Department's patrol vehicles are operated near continuously, and often in extreme conditions, these vehicles can become increasingly unreliable as they approach scheduled replacement. Additionally, these vehicles are taken out of service due to collisions more frequently than other City vehicles. Due to the shortage of hybrid units in January 2024, Fleet Services and the Police Department are recommended waiving purchasing policies and buying non-hybrid units to ensure a sufficient number of vehicles could be on hand for Police Department needs. At that time, it was believed that hybrid units would soon become available again with the new model that was being released. Since then, Fleet has been notified that Ford's new model year of hybrid police vehicles will be built and delivered to customers that placed previous orders that have yet to be filled. Only then will there be a slow ramp-up of new orders being taken for hybrid units. Based on the current market for all vehicles, no order is guaranteed until the vehicle is delivered. Due to the current need for replacement vehicles, staff has decided to place an order for non-hybrid patrol units, as these are the most likely to be fulfilled within four-to-six weeks of being ordered. On Wednesday, April 17, 2024 bids for three non-hybrid units were received as follows: Bidder Cost per Unit Total Cost Stiver's Ford Lincoln of Waukee, IA $44,194 $132,582 Legacy Brothers, Inc. of Douglas, GA $60,618 $181,854 Funding is available in the patrol vehicle escrow in the amount of $542,000. This funding is also used for the upfitting of the vehicles with lights, radio and accessories.Staff is working with Ford to place an immediate order for hybrid units, but staff expects they will be delivered much later or be moved to a future model year. Staff will continue to work towards an all-hybrid fleet for patrol as the units become available in the next couple of years. 87 ALTERNATIVES: 1. Award a contract to Stiver's Ford Lincoln of Waukee, Iowa for three Ford Police Interceptors in the amount of $132,582. 2. Award the contract to the other bidder. 3. Reject the bids and do not purchase replacement Police vehicles. CITY MANAGER'S RECOMMENDED ACTION: Police staff and the Fleet Director agree that approving the bid will allow patrol units to be delivered in the most immediate manner. Staff will continue to pursue hybrids as they become available. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 88 ITEM #:37 DATE:05-14-24 DEPT:PW SUBJECT:AWARD OF CONTRACT FOR PURCHASE OF ROCK SALT REQUIREMENTS FOR 2024/25 SNOW AND ICE CONTROL PROGRAM COUNCIL ACTION FORM BACKGROUND: This contract is to supply rock salt for the FY 2024/25 Snow and Ice Control Program. Materials are to be delivered as requested by the City throughout the winter season. The existing contract for FY 2023/24 is with Independent Salt Co. at $83.85/ton. Bids were received on April 23, 2024. For the purposes of evaluating the bids, the estimated total cost is based on ordering 2,500 tons of rock salt. Bidder Unit Price Estimated Total Cost Independent Salt Co., Kanopolis, KS $83.49/ton $208,725 Central Salt, LLC, Lyons, KS $86.24/ton $215,600 Skyline Salt Solutions, LLC, Dubuque, IA $87.20/ton $218,000 Black Strap, Inc., Neligh, NE $130.00/ton $325,000 EnviroTech Services, LLC, Greeley, CO $255.00/ton $637,500 The low bid from Independent Salt Co., Kanopolis, KS, is approximately 0.43% lower than the current year contracted unit price. The FY 2024/25 budget includes $217,500 for rock salt. The anticipated amount of salt required (2,500 tons) would be $8,775 lower than the budgeted amount for salt in FY 2023/24. However, the actual cost will depend on the quantities ordered by the City as the winter progresses. If the cost of the required salt exceeds the budgeted amount, staff will amend the operating budget using Road Use Tax savings from other street activities. ALTERNATIVES: 1. Award a contract for 2024/25 rock salt requirements to Independent Salt Co. of Kanopolis, KS, in the amount of $83.49 per ton, to be delivered as requested by the City throughout the winter season. 2. Reject all bids and attempt to purchase rock salt on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: Rock salt is an essential supply for the City’s snow and ice control in winter months. The amount needed depends on the frequency and scale of snow events. If usage exceeds the budgeted amount, the operating budget will need to be amended using savings from other Road Use Tax funded activities. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 89 ITEM #:38 DATE:05-14-24 DEPT:PW SUBJECT:AWARD OF CONTRACT FOR HAULING SERVICES TO THE BOONE COUNTY LANDFILL COUNCIL ACTION FORM BACKGROUND: On June 25, 2019, City Council awarded a contract to Waste Management of Ames (WMA) for hauling to Boone County Landfill and related services for the Resource Recovery Plant (RRP) during FY 2019/20. That contract was renewed for four additional one-year terms, and is set to expire June 30, 2024. This contract includes furnishing equipment and hauling of reject materials that cannot be processed into refuse derived fuel (RDF) from RRP to the Boone County Landfill. The approved FY 2024/25 budget includes $146,958 for this work. The contract is based on a per-mile, per-ton bid amount and a round trip distance of 36 miles per trip. There is a provision in the contract to allow longer hauls up to 120 miles per round trip as well as a provision to cancel the contract if this type of service is no longer needed due to a change in disposal procedures. The contract price is adjustable monthly throughout the contract period if diesel fuel is at or above $5.00 per gallon or below $2.00 per gallon. This is based on the published index for monthly diesel fuel prices for the Department of Energy's (DOE) "Weekly Retail On-Highway Diesel Prices" for the Midwest region on the first Monday of the month. At the time of initial contract award in 2019, WMA was the single bidder at $14.14/ton with a 3.5% increase each year. Each renewal of the contract has increased 3.5% yearly to a current rate of $16.23/ton for FY 2023/24. The Boone County Landfill has notified the City that it no longer wants to accept the construction and demolition material from Story County by the end of June 2024, and all Story County municipal solid waste by the end of June 2025. The 28E agreement and Central Iowa Solid Waste Management Association contract expire at the end of June 2025. The City is currently working with other solid waste comprehensive planning areas to accept waste from Story County and the City of Ames once the Boone County Landfill is no longer available. Due to the potential for significant changes to waste hauling and disposal in the next few years, and the significant equipment requirements of this contract, Resource Recovery is requesting a one-year extension to continue services for the 2024/25 fiscal year. Waste Management has offered a one-year extension with no increase to the metal hauling rates; the current haul rate is $539.41/haul. However, due to substantial increases in pricing experienced by Waste Management over the last three years (labor, maintenance, insurance, etc.), the hauling rate of materials that cannot be processed into RDF would increase from $16.23/ton to $19.50/ton. This price increase is 16%, beyond the annual increase of 3.5% and is directly related to the increased costs of doing business (increases in labor, maintenance, insurance, etc.) that have occurred over the last several years when WMA did not request any additional increases to the 90 contract renewal. After a new solid waste comprehensive planning area has been identified to accept future waste from Story County and the City of Ames, the contract will be rebid for the 2025/26 fiscal year. ALTERNATIVES: 1. Award a one-year contract extension for FY 2024/25 to Waste Management of Ames in the amount of $19.50/ton, up to a total amount of $146,958. 2. Rebid the contract. CITY MANAGER'S RECOMMENDED ACTION: Landfill hauling and related services are an integral part of RRP operations. The per-ton price for hauling is an acceptable increase and funding for these services is available in the FY 2024/25 Resource Recovery operating budget. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 91 ITEM #:39 DATE:05-14-24 DEPT:Library SUBJECT:CONTRACT AWARD FOR CUSTODIAL SERVICES AT THE AMES PUBLIC LIBRARY COUNCIL ACTION FORM BACKGROUND: All cleaning and custodial services for Ames Public Library are provided by a third-party professional cleaning service. The services include all routine daily cleaning tasks. Library staff estimates 4,992 hours of cleaning services are required for the first year of the contract. The hours of service required in later years is similar, but varies slightly depending on the Library's holiday schedule. These hours are an estimate for budgeting purposes; payment will be on an hourly basis for actual hours worked. The current cleaning services contract expires on June 30, 2024. An Invitation to Bid was issued for a new contract, beginning July 1, 2024. This annual contract is eligible for renewal annually for up to four additional years, a total maximum of five annual contracts. The first year of this contract will be from July 1, 2024 through June 30, 2025. On April 18, 2024, eight bids were received as follows: BIDDER YEAR 1 HOURLY RATE YEAR 2 HOURLY RATE YEAR 3 HOURLY RATE YEAR 4 HOURLY RATE YEAR 5 HOURLY RATE YEAR 1 ESTIMATED TOTAL COST @ 4,992 HRs ABM, Des Moines, IA $18.93 $19.67 $20.36 $21.05 $21.74 $94,498.56 Reliable Maintenance Company, Des Moines, IA $21.00 $21.42 $21.85 $22.29 $22.73 $104,832.00 Nationwide Office Care, Clive, IA $21.40 $26.12 $32.05 $39.54 $49.03 $106,828.80 Cleaning Connection, Des Moines, IA $25.00 $27.50 $30.25 $33.28 $36.60 $124,800.00 Servpro of Ames, Ames, IA $30.50 $30.50 $30.50 $31.11 $31.11 $152,256.00 MetroClean Solutions, Clive, IA $31.65 $31.81 $31.97 $32.16 $35.38 $157,966.80 phClean, Ames, IA $52.00 $54.08 $56.24 $58.49 $60.83 $259,584.00 Peacefully Clean, Ames, IA $60.00 $61.80 $63.65 $65.56 $67.53 $299,520.00 ABM, Des Moines, IA, is the lowest bidder in the initial and later years of the contract. The estimated cost in the initial year of the contract is within the amount the Library has budgeted for cleaning services for FY 2024/25. The Library budgeted $83,466 for custodial services in FY 2024/25. Since payment is based on actual hours worked, based on historical experience, staff anticipates not exceeding the budgeted amount. If 92 actual expenditures do exceed the budgeted amount, Library will use any savings from other operational items. The Board of Trustees, Ames Public Library, issued Resolution No. 2024-L011 on April 18, 2024, recommending the contract award to ABM. ALTERNATIVES: 1. Award a contract to ABM Industry Groups, LLC, of Des Moines, IA for Custodial Services at Ames Public Library in the amount of $94,498.56. 2. Determine that a different bid is in the best interest of the City and award a contract to that bidder. 3. Reject all bids and direct staff to re-bid custodial services. CITY MANAGER'S RECOMMENDED ACTION: ABM is providing relatively low-cost custodial services for the Ames Public Library. ABM's representatives will work closely with Library staff to ensure there are high-quality results and the cleaning schedule accommodates the timing of library activities and public events. ABM is the lowest bidder for this cleaning and custodial work in the next fiscal year, as well as the potential life of the contract. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 93 ITEM #:40 DATE:05-14-24 DEPT:ELEC SUBJECT:ROOF REPLACEMENT AT THE POWER PLANT - CHANGE ORDER NO. 2 COUNCIL ACTION FORM BACKGROUND: Several of the Power Plant roofs have been identified by a roof consultant as needing to be replaced. Leaking portions of the roof have the potential to create a safety hazard and cause issues with operations. This project will consist of replacing approximately 18,840 sq. ft. of existing built-up roofing on three separate roof areas and levels. This area is about half of the total roof square footage at the Power Plant. Work will also include the installation of new roof drains, replacing some metal deck, and removal and deck infill of obsolete roof top units. The new roof system is designed to provide an effective service life of at least 20 years. On February 27, 2024, City Council awarded a contract to Central States Roofing of Ames, IA, for the Roof Replacement at the Power Plant. The bid included a unit price to replace any additional deteriorated decking discovered when performing the original scope. When failed decking is discovered, it must be replaced immediately so as to not leave the roof open. After starting the project and performing further inspection, it appears there are several additional areas of decking needing to be replaced. It is estimated that approximately 3,500 square feet of decking may need to be replaced. Change Order No. 1, in the amount of $20,000, was approved by staff to address some failed decking found shortly after replacement work began. Change Order No. 2, in the amount of $100,000, is being requested to continue replacing deteriorated decking material as it is encountered. The quantity of decking replaced is tracked by the design consultant. If the project replaces less than the estimated amount, another change order will be issued to deduct the unused quantity from the contract. Approval of Change Order No. 2 will allow the project to continue without delay, avoid leaving the roof openings for long periods, and ensure all areas of the roof needing replacement are addressed. The CIP project for the entire Power Plant Roof Replacement project contains $1,691,000. An additional $50,869 will need to be transferred from the remaining savings in the RDF Bin Renovation CIP project to fund this change order. The RDF Bin Renovation CIP project has an available balance of $383,348. ALTERNATIVES: 1. Approve Change Order No. 2 in the amount of $100,000 to Central States Roofing, of Ames, IA, bringing the contract total to $1,711,000 (inclusive of sales tax). 2. Do not approve the requested change order. 94 CITY MANAGER'S RECOMMENDED ACTION: The Power Plant roof is in need of repair. It is important to make the repairs to continue to provide a safe and effective work environment. The repairs are planned for in the Capital Improvements Plan and available funding from savings in the RDF Bin Renovation project will allow the project to be completed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 95 ITEM #:41 DATE:05-14-24 DEPT:W&PC SUBJECT:WPC FACILITY BIOSOLIDS DISPOSAL OPERATIONS COUNCIL ACTION FORM BACKGROUND: On July 11, 2023, City Council awarded a contract in an amount not-to-exceed $92,187.50 to Wulfekuhle Injection & Pumping of Peosta, Iowa, to complete the second year of a three-year biosolids disposal contract at the Water Pollution Control Facility (WPC). The contract is renewable annually for up to a total of three years, dependent upon successful performance by the contractor each year. Wulfekuhle provided a uniform bid price that is constant across all three years of the contract with no annual cost escalators. All work under the FY 2023/24 contract was completed to the satisfaction of staff and in accordance with the contract. A total of 2,548,119 gallons of biosolids were land-applied at a final cost of $75,073.27. Staff is requesting that Council accept completion of the work under the FY 2023/24 contract. The bid for FY 2024/25 includes an estimated quantity of 2.75 million gallons at a unit cost of $0.0275 per gallon, plus $5,000 for mobilization to the site, for an estimated annual total of $80,625 for lagoon biosolids disposal. Additionally, a digester cleaning is scheduled to take place in FY 2024/25, with 200,000 gallons to be disposed of at a bid price of $0.10 per gallon, plus $5,000 for mobilization, for an additional bid amount of $25,000. The combined total for FY 2024/25 is $105,625. Because the work takes place in a very short window each fall, staff is recommending that the award include a not-to-exceed amount that allows for up to a 20% increase in the quantities disposed. The rationale for this unusual step is that it would not be possible to obtain Council approval for a change order on short notice if one was necessary during the fall hauling window. Staff is recommending that the FY 2024/25 contract be awarded to Wulfekuhle, and that the contract’s not-to-exceed amount be for a maximum total of $126,750. The FY 2024/25 operating budget includes $115,260 for this work. If necessary, funds for work exceeding the budgeted amount will be reallocated from elsewhere in the operating budget. ALTERNATIVES: 1. a. Accept completion of the FY 2023/24 contract in a final amount of $75,073.27 b. Award the FY 2024/25 contract for biosolids disposal to Wulfekuhle Injection & Pumping of Peosta, Iowa, with payment based on the unit prices bid of $5,000 lump sum per mobilization, $0.0275 per gallon for annual lagoon biosolids hauling operations, and $0.10 per gallon for digester cleaning with the total contract amount not to exceed $126,750. 2. Accept completion of the second year ’s contract and direct staff to obtain new bids for FY 2024/25. 3. Accept completion of the second year ’s contract and direct staff to purchase the additional equipment necessary to perform the work with City staff. 96 CITY MANAGER'S RECOMMENDED ACTION: Disposal of biosolids at the WPC Facility is necessary for uninterrupted operation of the facility and continued permit compliance. Wulfekuhle Injection & Pumping has successfully completed the work required for FY 2023/24. The contract can be renewed for a third year with no increase in the unit pricing. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 97 ITEM #:42 DATE:05-14-24 DEPT:ELEC SUBJECT:ISU SOUTHWEST RECREATION COMPLEX - ELECTRIC UTILITY EASEMENT ON STATE OF IOWA PROPERTY COUNCIL ACTION FORM BACKGROUND: There is an overhead electric line that crosses the Iowa State University Cross Country Course on Mortensen Road. Accessing the overhead electric line for operation and maintenance is challenging for both the Electric utility and for Iowa State University, since it involves crossing the turf of the Cross Country Course. The overhead electric line currently is not located in an electric utility easement. Electric Services has reached an agreement with staff from Iowa State University Facilities Planning & Management and Recreation Services to relocate the subject overhead electric line. The line will bypass the Cross Country Course by connecting a newer set of overhead electric poles along State Avenue, through the Southwest Recreation Complex, to a point just west of Cap Timm Field. The route is shown on the attached map. The new location for the overhead electric line will provide better access for operation and maintenance and will eliminate turf damage to the cross country course. The attached map also indicates the portion of line that will be removed. The replacement line will have increased capacity over the existing line to accommodate projected electric load growth in the area. To accomplish this, the City and ISU must approve an agreement for an electric utility easement. The Iowa State Board of Regents is expected to approve the easement at the June 2024 Board meeting in exchange for $1 in consideration. ALTERNATIVES: 1. Approve the Electric Utility Easement on State of Iowa property (Southwest Recreation Complex) for the installation of the overhead electric line and removal of the overhead electric line from the State of Iowa property (Cross Country Course). 2. Do not approve the Electric Utility Easement on State of Iowa property (Southwest Recreation Complex) and direct Electric Services staff to find an alternative location for the overhead electric line. CITY MANAGER'S RECOMMENDED ACTION: The existing electric line is in a location that is challenging for both Electric Services to maintain and for ISU to accommodate. A new route has been identified that will provide for improved access and reduced conflicts with other use of the property. The relocated overhead electric line will be constructed with increased capacity, which will allow Electric Services to maintain the quality of service to the area. An easement on ISU property is required to install the overhead electric line for this project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 98 ATTACHMENT(S): 2024-04-29.Easement _City of Ames_SW Recreation Complex(8416.1).pdf Easement Location Map.pdf 99 Template A: City Equipment To Be Installed (October 2023) Legal Description: See pages 6-7 Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT SW RECREATION COMPLEX This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on June 13, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A. The State of Iowa holds title to certain real property located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa. B. Grantee currently has electric distribution system components installed on the Property (“Existing Components”). Neither Grantor nor Grantee have located an easement for the current location of the Existing Components on the Property. Grantee wishes to remove the Existing Components from their current location and relocate the Existing Components or install new electric distribution system components in a new location on the Property. Grantor supports the foregoing and is willing to grant Grantee an easement across the Property for the electric distribution system components in accordance with the terms of this Agreement. TERMS 1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Plat of Easement, which is attached as Exhibit A and made part of this Agreement, and legally described in Exhibit A (“Easement Area”). 100 2 2. Use. Grantee shall use the Easement Area for the purpose of constructing, installing, operating, using, maintaining, and repairing electric distribution system components for an overhead electrical line (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4. Construction Requirements. a. Construction Coordination. Grantor and Grantee shall coordinate prior to and during the construction of the Grantee Components. Grantor and Grantee shall each designate at least one representative to serve as its liaison to the other party regarding the construction. b. Construction Plans. Grantee shall submit to Grantor for Grantor’s approval a copy of Grantee’s plans for construction. Grantor’s approval shall not be unreasonably withheld or delayed. Grantee shall include in its construction plans its plan for removing the Existing Components on the Property and restoring the Property. Grantee shall ensure that construction is performed in accordance with the approved plans. c. Construction Dates. Grantor and Grantee shall mutually agree on the dates during which the construction activities may occur to diminish any adverse impact on Grantor’s activities on the Property. d. Construction Location. Grantee shall set forth in the construction plans what areas of the Property or other Grantor owned property Grantee will need to use in support of its construction of the Grantee Components. Grantee shall only use those areas set forth in the approved construction plans. Grantee’s use of any other areas of Grantor’s property requires Grantor’s prior written consent. e. Utilities Crossings; Permission from Easement Holder. All crossings of existing sewers, water lines, tile lines, electric lines, telecommunication lines, conduit, or other existing facilities shall be made in cooperation with and subject to the specifications of the engineer or other official of Grantor in charge of such installations. Grantor and Grantee shall cooperate to locate the Easement Area in a manner that minimizes conflicts with any pre-existing easements granted by Grantor. If the Easement Area crosses an easement previously granted by Grantor to a utility provider or other entity, prior to engaging in any construction activities in the Easement Area, and with the assistance of the Grantor, Grantee shall obtain from the easement holder its written consent to the easement granted to Grantee pursuant to this Agreement and submit to Grantor a copy of the written consent. Grantee shall abide by any restrictions imposed by the pre-existing easement holder as a condition of its consent. f. Restoration: Grantee shall set forth in the construction plans Grantee’s plans for restoring the Property and other Grantor property that Grantee uses in connection with 101 3 the construction of the Grantee Components once construction is completed. Grantee shall ensure that the restoration is in accordance with the approved plans. 5. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 6. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 7. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 8. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 9. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement, or terminate this Agreement and execute a new agreement, to identify the new easement area. 10. Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s 102 4 use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 11. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 103 5 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 104 N89°35'50"E 97.21' S85°57'12"E 405.03' S14°55'24"E 35.00' N56°06'24"E 197.00' N56°06'24"E 45.00' S09°52'14"W 45.00' N09°52'14"E 45.00' S77°04'20"W 45.00' N09°52'14"E 262.20' N77°04'20"E 317.99' S00°24'26"E 274.07' N77°04'20"E 80.50' 10.00' 10.00' 10.00' 10.00' RO W L I N E ELECTRIC LINE & GUY ANCHOR EASEMENT 22499.08 S.F. N00°23'05"W 143.04' S59°44'43"W 38.56' N00°23'56"W 35.00' N59°43'13"E 293.20' N89°28'09"W 30.00' S89°28'09"E 18.99' EXISTING 15' ELEC. CABLE EASEMENT BK 292, PG 153 KNAPP STREET (66' ROW) S. S H E L D O N AV E ( 6 6 ' R O W ) W1/4 CORNER SEC. 9-83-24 A B C D E F10.00' N0 0 ° 2 4 ' 1 0 " W 63 7 . 6 1 ' Phone: (515) 233-0000 414 South 17th Street, Suite 107 Strand Associates, Inc. Ames, Iowa 50010 FAX: (515) 233-0103 JOB#DATE:PAGE OF EASEMENT EXHIBIT A ISU SW ATHLETIC COMPLEX 511 S. SHELDON AVENUE AMES, IOWA 4429.013 4/12/24 1 1 00 100'200' Survey Description-Electric Line and Guy Anchor Easement: A strip of land 10.00 feet in width across the West Half of the Northwest Quarter of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerlines: Commencing at the West Quarter Corner of said Section 9; thence N00°24'10"W, 637.61 feet along the west line of said Section 9; thence S89°35'50"E, 97.21 feet to the east line of State Avenue and the point of beginning; thence S85°57'12"E, 405.03 feet to point 'A'; thence N56°06'24"E, 197.00 feet to point 'B'; thence N09°52'14"E, 262.20 feet to point 'C'; thence N77°04'20"E, 317.99 feet to point 'D'; thence S00°24'26"E, 274.07 feet, and there terminating; AND beginning at point 'D'; thence N00°23'05”W, 143.04 feet to point 'E'; thence N59°43'13"E, 293.20 feet to Point 'F'; thence S89°28'09"E, 18.99 feet to a point on the west line of S. Sheldon Avenue, and there terminating; AND beginning at point 'A'; thence S14°55'24”E, 35.00 feet, and there terminating; AND beginning at point 'B'; thence S09°52'14”W, 45.00 feet, and there terminating; AND beginning at point 'B'; thence N56°06'24”E, 45.00 feet, and there terminating; AND beginning at point 'C'; thence S77°04'20”W, 45.00 feet, and there terminating; AND beginning at point 'C'; thence N09°52'14”E, 45.00 feet, and there terminating; AND beginning at point 'D'; thence N77°04'20”E, 80.50 feet, and there terminating; AND beginning at point 'E'; thence S59°44'43"W, 38.56 feet, and there terminating; AND beginning at point 'E'; thence N00°23'56"W, 35.00 feet, and there terminating, AND Beginning at point 'F'; thence N89°28'09"W, 30.00 feet, and there terminating, all together containing 22499.08 s.f. 10 5 C:\Users\deangelo\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XVA0OLXR\Survey Description.docx Survey Description-Electric Line and Guy Anchor Easement: A strip of land 10.00 feet in width across the West Half of the Northwest Quarter of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerlines: Commencing at the West Quarter Corner of said Section 9; thence N00°24'10"W, 637.61 feet along the west line of said Section 9; thence S89°35'50"E, 97.21 feet to the east line of State Avenue and the point of beginning; thence S85°57'12"E, 405.03 feet to point ‘A’; thence N56°06'24"E, 197.00 feet to point ‘B’; thence N09°52'14"E, 262.20 feet to point ‘C’; thence N77°04'20"E, 317.99 feet to point ‘D’; thence S00°24'26"E, 274.07 feet, and there terminating; AND beginning at point ‘D’; thence N00°23’05”W, 143.04 feet to point ’E’; thence N59°43'13"E, 293.20 feet to Point ‘F’; thence S89°28'09"E, 18.99 feet to a point on the west line of S. Sheldon Avenue, and there terminating; AND beginning at point ‘A’; thence S14°55’24”E, 35.00 feet, and there terminating; AND beginning at point ‘B’; thence S09°52’14”W, 45.00 feet, and there terminating; AND beginning at point ‘B’; thence N56°06’24”E, 45.00 feet, and there terminating; AND beginning at point ‘C’; thence S77°04’20”W, 45.00 feet, and there terminating; AND beginning at point ‘C’; thence N09°52’14”E, 45.00 feet, and there terminating; AND beginning at point ‘D’; thence N77°04’20”E, 80.50 feet, and there terminating; AND beginning at point ‘E’; thence S59°44'43"W, 38.56 feet, and there terminating; AND beginning at point ‘E’; thence N00°23'56"W, 35.00 feet, and there terminating, AND Beginning at point ‘F’; thence N89°28'09"W, 30.00 feet, and there terminating, all together containing 22499.08 s.f. 106 107 ITEM #:43 DATE:05-14-24 DEPT:PW SUBJECT:VACATING EXISTING ELECTRIC UTILITY EASEMENTS AT 302 AND 212 SONDROL AVENUE COUNCIL ACTION FORM BACKGROUND: Mechanical Comfort, Inc at 302 Sondrol Avenue has purchased the property adjacent to the south at 212 Sondrol Avenue for the purpose of a building expansion (see attached aerial). There is an existing storm sewer pipe and Electric Utility Easement running along the lot line between these two parcels from the original development of the subdivision in 1986, which would prevent this building expansion. There are no electric facilities within or planned for the existing easement area. The property owner has had a foundation designed for the expansion using beam footings that will be placed outside of the easement and allow the building to safely span the storm sewer. To facilitate this construction, the existing storm sewer can remain in place, however the existing Utility Easements need to be vacated and a new Storm Sewer Easement (attached - drafted by City legal staff) needs to be approved. The existing Electric Utility Easements to be vacated are as follows: The South 5 feet of Lot 1, Third Addition to Sondrol’s Subdivision, Ames, Iowa (302 Sondrol Avenue); -AND- The North 5 feet of Lot 3, Second Addition to Sondrol’s Subdivision, Ames, Iowa (212 Sondrol Avenue). The new Storm Sewer Easement includes provisions to protect the City's interest, such as: The City maintains the right within the easement area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair the sewer. At the City's sole discretion, it may be determined that the existing storm sewer needs to be relocated from under the building. The property owner is solely responsible for all costs for relocation and abandoning the existing sewer. The City is protected from liability from any damage to the building due to the storm sewer. This easement agreement is binding upon all successors and assigns. Vacating an easement requires setting and holding a public hearing. Therefore, the action requested is to set the public hearing for easement vacation for May 28, 2024, at which time the new Storm Sewer Easement will first be approved and then the existing Electric Utility Easements will be vacated. ALTERNATIVES: 1. Set date of Public Hearing for May 28, 2024, to vacate the existing Electric Utility Easements along the lot line of 302 and 212 Sondrol Avenue, as described above. 2. Do not move forward with the easement vacation process. 108 CITY MANAGER'S RECOMMENDED ACTION: Vacating the existing easement and replacing it with the new Storm Sewer Easement will facilitate the expansion plans of Mechanical Comfort while allowing the existing storm sewer to stay in place as long as no problems occur. Therefore, it is the recommendation of the City Manager that the City council adopt Alternative No.1, as noted above. ATTACHMENT(S): 302 Sondrol Storm Sewer Easement.pdf 302 Sondrol Aerial.pdf 109 110 111 112 890 888 888 888 880 890 882 884 878 888 Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community, City of Ames, IA M© City of Ames, Iowa makes no warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by the use of this map.1:564 ArcGIS Web Map 113 ITEM #:44 DATE:05-14-24 DEPT:FIN SUBJECT:RESOLUTION SETTING MAY 28, 2024, AS THE DATE OF THE PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FINAL AMENDMENT TO THE FISCAL YEAR 2023/24 BUDGET COUNCIL ACTION FORM BACKGROUND: The deadline to adopt a final amendment to the FY 2023/24 budget is May 31. The final amendment process allows the City to modify the annual budget one final time before the end of the fiscal year. Typical final amendments include: new grants/funding sources, modifications to CIP schedules or costs, material programmatic changes, and other significant changes in revenues/expenses. A public hearing must be held prior to adoption of the final amendment. Staff is proposing that the City Council hold the public hearing for the final amendments for FY 2023/24 during the regularly scheduled City Council meeting on May 28, 2024. ALTERNATIVES: 1. Adopt a resolution establishing May 28, 2024, as the date of the public hearing on the final amendments to the FY 2023/24 Budget. 2. Delay the hearing and resolution. CITY MANAGER'S RECOMMENDED ACTION: A public hearing is required by State law in order to proceed with the City Manager ’s recommended budget and any modifications made by City Council. Therefore, it is recommended that City Council approve Alternative No. 1, as described above. 114 ITEM #:45 DATE:05-14-24 DEPT:P&H SUBJECT:SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH TOWNHOMES AT CREEKSIDE, LLLP FOR LOT 27 IN BAKER SUBDIVISION COUNCIL ACTION FORM BACKGROUND: On February 28, 2023, the City Council selected Hatch Development Group as its partner to develop low-income multi-family rental housing on Lot 27 in Baker Subdivision (formerly 321 State Avenue). The City Council directed staff to prepare agreements to partner on a Low-Income Housing Tax Credit (LIHTC) application for this project. On March 28, 2023, the City Council approved the option agreement for the sale of Lot 27 to Townhomes at Creekside, LLLP (affiliated with the Hatch Development Group), in conjunction with a development agreement for a low-income housing tax credit (LIHTC) application for multi-family housing development within the Baker Subdivision. Within that agreement, the City committed to provide $1.8 million of its HOME Entitlement funding (not including administration) towards the cost of constructing the multi-family units. On July 1, 2023, Townhomes at Creekside, LLLP, was notified that its LIHTC application was awarded. The application is to construct 38 multi-family units on Lot 27 in the Baker Subdivision. The LIHTC award was for approximately $9,539,896; other financial commitments included $500,000 of State of Iowa HOME funds, $1.8 million of City of Ames HOME Funds, and $697,000 from Townhomes at Creekside, LLLP, for a total of approximately $12.5 million. Updated cost estimates indicate a project cost of approximately $13 million. Over the last ten months, staff has worked with Townhomes at Creekside, LLLP, to finalize the project design, number of low-income bedroom unit distributions, and other City code and LIHTC award requirements. At the April 23 City Council meeting, the Electric Department reported that on April 17, only one bid was received for the installation of the geothermal system on Lot 27, in the amount of $1,999,120 (inclusive of sales tax). This amount exceeded the engineer's estimate of $595,017 and Electric's budget of $594,254 for the project. Therefore, the recommendation to reject all bids was approved. Due to the bid rejection, the use of a geothermal system within the project is no longer feasible in relation to achieving the City's primary goal of developing affordable housing. Staff has worked with Townhomes Creekside, LLLP, to create a Second Amendment to the Option Agreement to address changes related to the geothermal system. A summary of the Second Amendment (attached) is as follows: (1) removes all references to Geothermal Wells and Systems for the benefit of Lot 27 from the prior agreements, (2) requires the installation of Energy Star Cold Climate-rated air-source heat pumps to serve the units at Developer expense, and (3) extends the start-of-construction deadline to 7/31/24. It is important to understand that this action is still contingent upon the City's approval to release funds from HUD for the project. 115 ALTERNATIVES: 1. Approve the Second Amendment to the Development Agreement with Townhomes At Creekside, LLLP, in conjunction with the construction of 38 Low-Income Housing Tax Credit (LIHTC) multi-family housing units on Lot 27 in the Baker Subdivision. 2. Do not approve a Second Amendment to the Development Agreement. 3. Provide further direction to City staff before taking action on the proposed amendment. CITY MANAGER'S RECOMMENDED ACTION: The adjustments proposed in this second amendment to the Development Agreement with Townhomes At Creekside, LLLP are crucial to the success of this needed affordable housing. Although installing a geothermal system was unsuccessful, the alternative to install Energy Star Cold Climate-rated air-source heat pumps is the next best viable option that still advances the City's sustainability goals. The developer proposed this as the alternative for the site, and have successfully used air-source heat pumps with other projects. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): 20240507110542.pdf 116 117 118 119 120 To:Mayor & City Council From:Mark O. Lambert Date:May 10, 2024 Subject:Finalize Sale of Lot 1, Baker Subdivision Item No. 46 MEMO On November 14, 2023, the Council approved the sale of City-owned Lot 1 in the Baker Subdivision to Habitat for Humanity of Central Iowa. Although the transfer of property is not set to occur until 2026, City staff discovered that publication of notice related to the public hearing was not completed. As a result, the City Council is being asked to initiate the required publication and approval process a second time to ensure that standards are met. Therefore, the action being requested is to set a public hearing for May 28, 2024, to approve the sale again, so that it may be published to meet State's requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 121 ITEM #:47 DATE:05-14-24 DEPT:P&H SUBJECT:RESOLUTION APPROVING AMENDMENT TO PURCHASE AGREEMENT WITH HABITAT FOR HUMANITY OF CENTRAL IOWA IN CONJUNCTION WITH THE SALE OF LOTS 6, 7, AND 8 IN THE BAKER SUBDIVISION. COUNCIL ACTION FORM BACKGROUND: In 2015, as part of the City’s Community Development Block Grant (CDBG) Program, the City acquired a 10+ acre site located at 321 State Avenue (formerly the site of the Old Ames Middle School). The site was purchased to develop a subdivision that will support the affordable housing goals of the City as a mixed-income development, with a minimum of 51% of the homes affordable to low- and moderate-income households. The subdivision would consist of 27 buildable lots, 26 single-family lots, and one (1) lot for low-income multi-family units. Habitat for Humanity of Central Iowa (Habitat) approached the City in 2023 with an interest in acquiring lots for development of single-family housing. Ultimately the City agreed on three separate occasions in 2023 to the purchase of a combined total of eight lots (Lot 1- Lot 8). All eight of these lots are located along Wilmoth Avenue, south of Tripp Street. Habitat has not typically acquired a large number of lots at one time to build its single-family homes. Having a total of eight lots as one project created benefits of efficiency for constructing more than one house at a time, and created an opportunity to efficiently utilize a $1.5 million state grant for construction of affordable housing. In order to support the goal to provide affordable housing to low and moderate-income households at 80% or below the Ames median income, the City reduced the lot sale value from the appraised value of $60,000 to $50,000. This sales price was agreed upon for all eight lots, which was a total of an $80,000 incentive for the construction of affordable housing. Each of the purchase agreements also included timeframes for construction. The Baker Subdivision covenants also applied to the lots, including the use of geothermal. Habitat began construction of the first three homes on lots 6,7 and 8 in 2023and will complete these homes consistent with original requirements. The first home (Lot 8) is anticipated to be sold to a qualified homebuyer at the end of May. The City received a request (see attachment) from the Director of the Habitat for Humanity of Central Iowa requesting additional financial assistance related to additional construction costs. Habitat has asked for a one-time benefit of a total of $13,500 of additional assistance related to the first three lots developed out of the total eight-lot project. The letter also notes that Habitat anticipates taking advantage of Ames Electric's net-zero home construction rebates of $3,000 per home. The requested additional funding helps defray costs related to the geothermal systems. Staff reviewed the request for assistance and notes that the additional assistance is comparable to the percentage (approximately 17%) of additional funding recently allocated to the Hatch Development team for the Creekside Apartments. However, the City is using all of the available HOME funds for the Creekside project, while there are no HOME funds utilized for the Habitat project. A lot sale price reduction for Habitat would be reflected as a decrease in program income to the City's CDBG program. 122 By providing additional up-front assistance for the first three lots as a one-time sale price reduction, it will assist Habitat with its construction of homes on the remaining lots that are part of the project. No future requests for assistance are expected for the remaining lots. Attached for City Council review and approval is an amendment to the agreement for the sale of lots 6, 7 and 8 that reduces the sales prices of these lots from $50,000 to $45,500 each. ALTERNATIVES: 1. Approve the request from Habitat for Humanity of Central Iowa to amend the purchase agreements for lots 6, 7 and 8 in the Baker Subdivision from $50,000 to $45,500 each. 2. Do not approve the request. 3. Refer this item to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: The provision of affordable housing opportunities for low and moderate-income households in the community continues to be a priority and goal of the City's CDBG/HOME Consolidated Plan and the partnership with Habitat for Humanity of Central Iowa is important in addressing that goal. The reduced sale price is a reduction in program income to the CDBG program and is not a direct expense to the CDBG program. The reduction in projected program income from Lot 6, 7, and 8 will not materially impact the upcoming Annual Action Plan budget for 2024-2025. The amount of this additional incentive for the eight lots is comparable to the additional incentive offered to the Creekside project in recognition of the unexpected project cost increases. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as described above. ATTACHMENT(S): HFHCI Letter for Additional Support 5.14.24.pdf 123 We build strength, stability, self-reliance andshelter. 3504 Grand Ave., Ames, IA 50010 tel: (515) 232-8815 web: www.hfhci.org Facebook: www.facebook.com/hfhoci/ May 14, 2024 Planning and Housing Staff, Mayor Haila and Ames City Council 515 Clark Avenue Ames, Iowa 50010 RE: Additional Support Request –Habitat for Humanity of Central Iowa, Inc. (Lots 1 –8: Baker Subdivision) Dear Planning and Housing Staff, Mayor Haila and City Council, On behalf of Habitat for Humanity of Central Iowa, Inc. I want to thank the City of Ames for the support of our transformational affordable housing neighborhood on Lots 1 –8 in the Baker Subdivision. As a reminder, our project will provide affordable single-family homeownership opportunities to local first-time homebuyers with annual earnings at or less than 80% of AMI (for a family of 4, for example, the household income ceiling for 2023 was $85,100). After being income and credit qualified, the homebuyers we partner with purchase Habitat homes at appraised value with an affordable mortgage (monthly payment including principal, insurance and taxes not-to- exceed 30% of their gross household income). Contrary to a popular misconception, Habitat does not give homes away. However, we do rely on generous and continuous community support and partnerships to fund our projects. As a non-profit homebuilder and lender, in particular in the current inflationary environment, Habitat for Humanity of Central Iowa is as cost-conscious as any other local builder in delivering a high-quality and affordable product to our customers. Today, I am writing to seek an additional $13,500 in support from the City of Ames for our project. If agreeable to the Council, we are recommending that this support come in the form of a $4,500 price reduction on each of the first (3) lots we are building on (Lots 8, 7 and 6). The new lot prices would be $45,500 each. In summary, the committed and anticipated support from the City of Ames for our project is as follows: •$10,000 price reduction per lot from appraised value x (8) lots ($50,000 lot price each / $60,000 lot appraised value each) for total project support of $80,000. •$3,000 “Net Zero Ready New Home Rebate” x (8) homes for total project support of $24,000. The additional support of $13,500 would bring the total City of Ames support to $117,500 spread among all (8) lots, inclusive of the above. These funds will go directly to help offset the cost premium for providing and installing a complete geothermal heating and cooling system in each home as required by the Subdivision's Restrictive Covenants. This includes costs associated with accessing and connecting to the City-owned geothermal wells on each home lot. We are hopeful that this investment in renewable energy will not only have positive environmental impacts, but will also help to keep energy costs affordable for current and future homeowners well into the future. Thank you again for the continued partnership. Sincerely, Dan Nutini Executive Director Habitat for Humanity of Central Iowa, Inc. 124 ITEM #:48 DATE:05-14-24 DEPT:P&H SUBJECT:GEOTHERMAL OPERATIONS AGREEMENT WITH HABITAT FOR HUMANITY FOR BAKER SUBDIVISION LOTS 1-8 COUNCIL ACTION FORM BACKGROUND: As part of the development of Baker Subdivision, the City has pursued the installation of geothermal wells to promote enhanced sustainability in conjunction with the primary goal of providing affordable housing. Installation by the City of geothermal wells facilitate the use of heat pumps for heating and cooling within the connected homes. The City has already installed the necessary wells to serve the single-family homes in the subdivision. In April, City Council approved on first reading an ordinance amending Chapter 28 of the Ames Municipal Code (AMC) to address the operation of the geothermal wells by Electric Services. The ordinance establishes rates and outlines who owns each portion of each system (the City or the homeowner). On March 26, the City Council approved a Geothermal Easement Agreement with Hatch Development for the Creekside Townhomes project and Habitat for Humanity of Central Iowa for the location of geothermal wells within the Baker Subdivision. The March easement agreement was the final piece of the permitting requirements for the 52 wells that Ames Electric installed to serve the 26 single-family home lots within the Baker Subdivision. At that time, Habitat's Board had concerns about the operation of the geothermal wells and had requested that subsequent to the easement approval, a separate agreement relating to Lots 1-8 be approved. The agreement would address the operation of the geothermal wells owned by the City and the private geothermal systems connected to the wells. The proposed agreement (attached) mirrors the language of the ordinance with the addition of one unique requirement for testing of the operation of wells for Lot 8 as the first system installed in the Baker Subdivision. In summary, the attached agreement identifies responsibilities for the City as follows: Test the operations of the geothermal well and system for Lot 8 prior to the sale of the home to a buyer. (Staff believes by demonstrating that the first system operates satisfactory, no other testing is needed because the well depths serving the single-family lots in the subdivision are identical.) Maintain the wells for a minimum period of 50 years Assume costs related to an abandonment or replacement of wells within the 50-year period. The agreement also includes property owner responsibilities summarized as: 125 The geothermal system outside of the easement area is the responsibility of the property owner for construction, operation, and maintenance. The home shall be connected to and utilize geothermal for a minimum of 10 years. During the geothermal well permitting process that led to the March Easement Agreement, the Habitat board also made a request to staff for reimbursement of their direct legal costs related to the easement agreement review. The easement agreement request was not part of the original purchase agreement for the lots and, therefore, Habitat incurred unanticipated attorney fee costs. Ames Electric has agreed to reimburse direct out of pocket expenses for attorney fees from January to March 2024 related to the preparing and reviewing the March agreement, up to $4,000. ALTERNATIVES: 1. Approve the attached Geothermal Operations Agreement for Lots 1-8 with Habitat for Humanity of Central Iowa. (Habitat to return signed agreement by the 14th) 2. Direct staff to modify the agreement and return with an updated version signed by Habitat for Humanity of Central Iowa. 3. Decline to adopt the agreement. CITY MANAGER'S RECOMMENDED ACTION: Although City Council has begun the adoption process of an ordinance to regulate the geothermal wells installed by Ames Electric within the Baker Subdivision, Habitat has requested that obligations related to their purchased lots be memorialized with a separate agreement to protect them from the City Council changing the ordinance in the future. The proposed terms are consistent with the expectations of the draft ordinance that is on this agenda for second reading. Ames Electric Services is fully committed to verifying performance of the wells and supports testing the two wells and overall system for the home on Lot 8, which contains the first system installed in the subdivision. Ultimately, with approval of the ordinance amending Chapter 28, future agreements regarding the operation of the wells will not be needed. Therefore, it is the recommendation of the City Manager that City Council approve Alternative 1. ATTACHMENT(S): Habitat Agreement (re wells serving Lots 1-8).pdf 126 127 128 129 130 131 ITEM #:49 DATE:05-14-24 DEPT:Administration SUBJECT:AGREEMENTS WITH IOWA STATE UNIVERSITY FOR CY-TOWN DEVELOPMENT AREA COUNCIL ACTION FORM BACKGROUND: On March 12, 2024, the City Council received a staff report regarding the CY-Town Development Area. In that report, staff described the challenges ISU has faced in raising sufficient funds to complete needed renovations to the original four buildings at the Iowa State Center (C.Y. Stephens Auditorium, Fisher Theater, Hilton Coliseum, and the Scheman Building). An estimated $110 million in deferred maintenance and upgrade projects are awaiting a source of funding before they can be completed. Despite their best efforts to fundraise for these needed improvements, ISU has found that there is not sufficient interest on the part of private donors to contribute funding of this magnitude towards these types of projects. CYTOWN’S CONNECTION TO IOWA STATE CENTER: ISU began exploring the feasibility of a multi-use arts, culture, and community district in 2019, with the intent to develop the underutilized parking lots between Jack Trice Stadium and the Iowa State Center. This exploration resulted in the development concept called CYTown, which is planned to contain a medical facility, retail and office space, an outdoor plaza and amphitheater, and residential units. In preparation for the construction of these facilities, ISU began installing utilities and parking areas in February 2023. Similar models for the CYTown concept include TitleTown in Green Bay, Wisconsin, and the Power and Light District in Kansas City, Missouri. These developments have demonstrated ways in which cultural attractions, entertainment, and retail uses can be successfully combined in a single complex in proximity to competition athletic facilities. Although one objective of the CYTown development would be the creation of this new, vibrant community attraction, there is a more important goal for this development which sets it apart from other examples. CYTown provides an innovative strategy to finance the needed improvements for the original four buildings at the Iowa State Center. Through the leases with tenants, ISU will create a revenue stream that can be used to pay the debt needed to fund improvements at the Iowa State Center, thereby rejuvenating those original facilities and safeguarding an invaluable arts and cultural center for the Ames community. WHY THE CITY SHOULD FACILITATE IOWA STATE CENTER IMPROVEMENTS: City staff has held numerous discussions with ISU staff over the past several years to explore how the development concept would work. There is agreement between the City staff and ISU administration regarding the wisdom of taking advantage of the CYTown development to generate revenue to address the capital improvement needs identified for the original four buildings at the Iowa State Center. It is City staff's belief that the Iowa State Center buildings are an asset to the entire Ames community, 132 towards which no City investment has been previously made. It supports the City Council's value for Ames to be a fun, vibrant, and healthy community that attracts and retains people. However, although there is agreement about the merits of investing in these facilities, there is disagreement regarding the issues of 1) the University having to pay property taxes for the improvements constructed in CYTown and 2) the ability of this university development to compete with the private sector. The University staff focuses on a section of the Iowa Code that declares property owned by the state to be exempt from local property taxes. On the other hand, City staff relies on a different section of the Iowa Code that imposes restrictions on the University’s ability to compete with the private sector. COMPROMISE REACHED: Over the years, the relationship between the City of Ames and Iowa State University has served as a role model for town/gown relationships with countless partnerships that benefit both entities. A protracted dispute with respect to the issues of taxability and competition would be detrimental to the parties’ relationship and could delay or altogether thwart the renovation and improvement of the Iowa State Center facilities. In order to avoid such a dispute, the administrative staff from the City and Iowa State University have designed a creative agreement that calls for a Payment In Lieu Of Taxes (PILOT) related to the City's portion of the amount that would be normally collected from a private development. This approach allows the improvements to move ahead without delay, generates revenue to finance the needed capital improvements for the four original buildings, and sets aside any differences of opinion that may exist about the issues of competition and taxation. A separate agreement addresses infrastructure and services for the development. It should be noted that although City staff has reached an understanding with ISU regarding these issues as they relate to CYTown, the question of taxability is one that is determined by the City Assessor/Iowa Department of Revenue and not by this agreement. It should be emphasized that both of those authorities are independent of the City of Ames. In addition, although the City would set aside its concerns regarding competition with private enterprises, these agreements do not prevent other entities from raising the same concern. Further, this unique arrangement applies only to the CYTown development. It does not imply the City’s approval or cooperation with any future land developments ISU might undertake at other locations. AGREEMENTS: At the March 12 Council meeting, staff presented two agreements related to CYTown. The first agreement is a Memorandum of Understanding (MOU) that outlines the financial arrangements and the manner in which funds will be collected and re-invested into the Iowa State Center facilities. The second agreement describes the City’s involvement in the construction of the improvements, the provision of utilities, traffic control, and the interaction of other City/ISU services in this new development (Infrastructure Agreement). The March 12 report to Council provides a summary of the major components of each agreement. At the March 12 meeting, the Council directed staff to negotiate two issues with the PILOT MOU Agreement. 133 1) The first was to allow for a City Manager's designee in the CYTown Advisory Committee. The MOU has been revised to provide for any of the Advisory Committee members to appoint a designee to represent them. (Article VI, page 5) 2) The second issue raised by the Council relates to how PILOT funds would be used in the event that any of the original four buildings are removed. City staff and ISU representatives discussed this issue. It should be emphasized that ISU has not indicated any proposal or desire to demolish any of the existing Iowa State Center buildings. However, nothing in the proposed agreement prohibits ISU from demolishing one of the existing four buildings if it chooses to do so. If that was to occur, then the PILOT funds would be used for any of the other eligible expenses in the remaining Iowa State Center facilities. City and ISU staff has agreed to incorporate language in the agreement that requires the CYTown Advisory Committee to come before City Council if ISU proposes demolishing any of the buildings at some point in the future. The intent of this requirement is to provide an open setting where the Council could ask questions as to how the decision was reached and whether any alternatives to demolition exist. Ultimately, though, the decision as to whether to proceed would rest with ISU. (Article VI, page 6) An additional clarification to the MOU addresses how the City may choose to keep PILOT revenues rather than using these funds for capital improvements, in the event that ISU uses CYTown Remainder PILOT funds for a purpose outside CYTown that is not specifically authorized by the agreement. (Article VII, page 10) UTILITY EASEMENTS: City staff and ISU staff have agreed on acceptable language for the easements that will allow the placement of City water and sewer infrastructure in the CYTown area. Under the easement agreement, ISU is obligated to pay for relocation of the infrastructure and the easement area if ISU intends to place buildings or structures that will, in the reasonable judgement of the Municipal Engineer, materially adversely affect the operation of the infrastructure or access to it. (Article 7 of the Water & Sanitary Sewer Utility Easement Agreement) Relocated or expanded water and sewer infrastructure is to be installed using the same process as the original infrastructure, as outlined in the Infrastructure Agreement. ISU would design the infrastructure to City standards, City staff would review and approve the design, ISU would install the infrastructure under the City's observation, and the infrastructure would be transferred to the City's ownership. The Infrastructure Agreement has been amended to note that future infrastructure installations follow this same process. (Articles V, VI, VII - pages 5, 7, 9) ADDITIONAL NOTES: Staff should note that some questions have surfaced since March 12 that warrant clarification: Property Tax Exemption It should be emphasized that the CYTown Agreements being presented for Council approval do not grant an exemption to the University from paying property taxes. The University's exemption from paying property taxes is outlined in state law, and interpreted independently by the City Assessor and ultimately, the Iowa Department of Revenue. The purpose of the CYTown agreements between the City and ISU is instead to emphasize the importance of the Iowa State Center as a community asset, to 134 provide a process for funds collected from the development in CYTown to be invested in the Iowa State Center, and to furnish City utility and infrastructure services to facilitate the development. If the Iowa Department of Revenue determined in the future that some portion of CYTown is taxable, then the agreement indicates that taxes would be collected and the PILOT arrangement becomes void for that portion of CYTown. Sales and Hotel/Motel Taxes The Council has received questions regarding whether sales tax and hotel/motel taxes would be collected in the CYTown Development Area. The sales tax question appears to be related to the fact that purchases at the ISU Bookstore on campus are currently tax-exempt. According to state law, sales or goods and services are exempt from sales tax if the profit from the sales is used by a tax-exempt entity for an educational, religious, or charitable use. The location where the sale was made is inapplicable to the question of sales tax. Businesses that locate at CYTown would not be granted exemptions from sales tax simply by being located on University property. However, if the ISU Bookstore or other entities that meet the tax exemption criteria locate within CYTown, their sales would be tax-exempt. Staff has consulted with the Department of Revenue regarding the question of hotel-motel taxes. A hotel on ISU property would be obligated to collect hotel-motel taxes. An example of this can be seen with the hotel in the Iowa Memorial Union at the University of Iowa, which collects the adopted Iowa City hotel-motel tax rates on stays in its facility. Scheman Building Improvements Underway In early 2023, the Board of Regents approved proceeding with a $12 million renovation to the Scheman Building to improve reception spaces and convert the auditorium to a flexible event space. These renovations were approved prior to the CYTown agreement negotiations being completed, and therefore are being paid using Athletics funds rather than the PILOT funds collected as part of the agreement. It is expected that the improvements to Scheman will be available for events and programming that occur throughout the year and not as Athletics-exclusive spaces. ALTERNATIVES: 1. Approve the following agreements with Iowa State University for CYTown: a. Memorandum of Understanding Relating to the CYTown Development b. CYTown Development Area Construction, Utilities, Traffic, and Related Services Memorandum of Understanding c. CYTown Development Area Water and Sanitary Sewer Utility Easement Agreement d. CYTown Development Area Electrical Easement Agreement 2. Refer this item back to staff for further information. 3. Do not approve the agreements. CITY MANAGER'S RECOMMENDED ACTION: The Iowa State Center has been a valuable asset over the past five decades, not only for Iowa State University, but also for the broader Ames community and its quality of life. The facilities need improvements in order to attract the caliber of entertainment and cultural events that were produced in the earlier years of the Iowa State Center's existence. ISU has been unable to secure sufficient funding 135 on its own to make significant progress towards these improvements. The creation of CYTown offers the opportunity for a revenue stream to be developed which can be borrowed against by the University to finance improvements at the Iowa State Center. The attached agreements are necessary to 1) provide CYTown with access to utilities, 2) outline how traffic and other infrastructure improvements will be made, and 3) describe how revenues will be collected to finance both CYTown and the improvements to the Iowa State Center. It is clear that these agreements are somewhat different than they would be if this arrangement was between the City and a private developer, rather than with a state entity. However, staff believes these agreements reflect the most effective approach to ensuring a stable revenue source for Iowa State Center improvements. The total amounts to be collected as PILOT (MOU PILOT and Remainder PILOT) from the tenants of CYTown will be equivalent to the amounts those tenants would pay in a similarly valued private development. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 a-d, as described above. ATTACHMENT(S): Final CYTOWN CONSTRUCTION UTILITIES TRAFFIC ETC MOU Final ISU-CIty MOU CYTOWN (PILOT) CYTown Water and Sewer Easement CYTown Electrical Easement 136 Page 1 of 18 SPACE ABOVE RESERVED FOR OFFICIAL USE Return Document to: Michael Norton, 3550 Beardshear Hall, Ames, Iowa 50011 Document Prepared by: Michael Norton, 3550 Beardshear Hall, Ames, Iowa 50011 CYTOWN DEVELOPMENT AREA CONSTRUCTION, UTILITIES, TRAFFIC, AND RELATED SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN IOWA STATE UNIVERSITY AND THE CITY OF AMES, IOWA This Construction, Utilities, Traffic, And Related Services Memorandum of Understanding (Development MOU or Agreement), made and entered into this ___ day of _____________, 2024 (“Effective Date”), by and between the CITY OF AMES, IOWA (“City”), a municipal corporation existing pursuant to the laws of the State of Iowa, and IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY (“Iowa State University” or “ISU”). WITNESSETH THAT: WHEREAS, Iowa State University is the owner of property located between Lincoln Way and Jack Trice Way and South University Boulevard to Beach Avenue (“CYTown Development Area”); WHEREAS, it is the mutual desire of Iowa State University and the City to realize the development of CYTown, a multi-use district which may contain uses including retail, office, 137 Page 2 of 18 residential, medical, entertainment, event space, hotel, research, academic, administrative, and other similar activities and related supporting infrastructure; WHEREAS, the development of CYTown will facilitate investments in the existing Iowa State Center buildings to create a premier performing arts, visitor, events, and entertainment area; WHEREAS, the City and Iowa State University have entered into a separate memorandum of understanding to address the financing of the improvements to the Iowa State Center facilities executed by the parties on __________________; and, WHEREAS, the construction and management of the public services related to the CYTown Development Area requires coordination between the City and Iowa State University with regard to utilities, traffic, public safety, permitting, and other related matters; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I. INCORPORATION OF RECITALS: A. The foregoing Recitals are incorporated herein as if fully set forth in this paragraph. II. PURPOSE: A. It is the purpose of this Agreement to set forth the mutual understanding of the Parties regarding: 1. Design, installation, ownership, operation, and maintenance of utility improvements necessary to serve the CYTown Development Area, including: a. Water, b. Sanitary Sewer, c. Electric al Service, and d. Storm Sewer; 2. Design, installation, ownership, operation, and maintenance of traffic improvements necessary to serve the CYTown Development Area; 3. Standards and permitting requirements for storm water management and flood plain development in the CYTown Development Area; and 4. Law enforcement and fire protection services in the CYTown Development Area. 138 Page 3 of 18 III. DEFINITIONS: As used in this Agreement, the following terms have the meanings outlined below: A. End User – Each Tenant and each entity responsible for the use and costs of water, sanitary sewer, and/or electric utility services provided by the City within the CYTown Development Area. ISU is considered an End User for any utilities used for common areas within the CYTown Development Area (e.g., parking lot lights, irrigation water connections, etc.). B. Tenant – Any person or entity holding possession of a designated portion of the CYTown Development Area, whether by lease agreement or assignment of responsibility by ISU to one of its organizational sub-units. Tenants include, but are not limited to, commercial space lessees, occupants of each CYTown Suite, and University offices. IV. GEOGRAPHIC AREA: A. The CYTown Development Area is depicted on Attachment 1 to this Agreement. V. WATER SYSTEM IMPROVEMENTS A. New buildings or other uses of potable water constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s public water supply service in accordance with the procedures of this Section V. B. The water mains, fire hydrants, valves, and other appurtenant devices necessary to provide the City’s public water supply service to the new buildings or other uses of potable water within the CYTown Development Area shall be considered “water system improvements.” C. ISU shall prepare plans and specifications in accordance with standards adopted by the City for water system improvements to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications of the water system improvements from the City’s Municipal Engineer prior to installation. D. ISU shall install the water system improvements in accordance with the plans and specifications approved by the City. 139 Page 4 of 18 E. The installation of water system improvements is to be inspected by the City’s construction inspection staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. F. Upon certification of acceptance and completion of the water system improvements, ownership of the water system improvements shall pass to the City, and the City shall thereafter be responsible for operation and maintenance of the water system improvements, including costs. G. Service lines extending from the water mains (including the corporation cock, service line, curb cock and curb box, and shut-off valves for the meter setting) to facilities within the CYTown Development Area shall be the responsibility of ISU to install and maintain. ISU agrees to maintain its service lines in a state of good repair as required in Ames Municipal Code Section 28.214. H. All connections of service lines to water mains shall be completed in accordance with normal City standards and adopted codes for commercial water service line connections. ISU shall notify the City in advance of the connection of service lines to water mains. ISU understands and agrees that the City’s Cross-Connection Control ordinance (Section 28.209B of Ames Municipal Code) requires that any service connection where no City plumbing permit is obtained (reference Section X of this Agreement) must include an approved backflow protection device at the service entrance. I. End Users of the City’s public water supply system shall have water meters installed in accordance with the City’s normal standards and adopted codes, and the costs for meters shall be paid by ISU. J. Each meter shall be assigned to a customer account in accordance with the City’s standards as adopted in Municipal Code for water service, and shall be subject to the City’s adopted rates for consumption and other charges in the same manner as the City’s other retail water customers. K. Buildings or other uses of potable water existing within the CYTown Development Area as of the Effective Date of this Agreement are to remain on the water supply service provided by ISU. However, ISU may request that any such existing building or other use of potable water be transferred to the City’s public water supply service. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section V, including the requirements for the transfer of ownership to the City for water mains and other water system infrastructure. 140 Page 5 of 18 L. ISU and the City acknowledge that: ISU has installed certain water system improvements in the CYTown Development Area as of the Effective Date of this Agreement; that the City’s construction inspection staff has inspected the improvements and issued a certification of acceptance and completion; and ownership of the improvements has passed to the City. The location of the improvements is set forth in a Water and Sanitary Sewer Utility Easement Agreement executed by ISU and City and dated June 13, 2024. M. Any relocated or expanded water system improvements that may become necessary after the initial installation occurs shall be subject to the same design, installation, acceptance, and operating provisions set forth in Paragraphs V(C-J) of this Agreement in the same manner as the original water system improvements. VI. SANITARY SEWER SYSTEM IMPROVEMENTS A. New buildings or other uses of potable water constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s sanitary sewer collection system in accordance with the procedures of this Section VI. B. The sanitary sewer mains, manholes, and other appurtenant devices necessary to provide sanitary sewer collection for the new buildings and other uses of potable water shall be considered “sanitary sewer system improvements.” C. ISU shall prepare plans and specifications in accordance with standards adopted by the City for sanitary sewer system improvements to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications of the sanitary sewer system improvements from the City’s Municipal Engineer prior to installation. D. ISU shall install the sanitary sewer system improvements in accordance with the plans and specifications approved by the City. E. The installation of sanitary sewer system improvements is to be inspected by the City’s construction inspection staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. F. Upon certification of acceptance and completion of the sanitary sewer system improvements, ownership of the sanitary sewer system improvements shall pass to the City, and the City shall thereafter be responsible for operation and maintenance of the sanitary sewer system improvements, including costs. 141 Page 6 of 18 G. Service lines extending from the facilities to the sanitary sewer mains within the CYTown Development Area, including the connection to the sewer main, shall be the responsibility of ISU to install and maintain. ISU agrees to maintain its service lines in a state of good repair as required in Ames Municipal Code Section 28.305(A). H. All connections of service lines to sanitary sewer mains shall be completed in accordance with normal City standards and adopted codes for commercial sanitary sewer service line connections. ISU shall notify the City in advance of the connection of service lines to sanitary sewer mains. I. Each customer account for water consumption as described in Paragraph V(J) of this Agreement shall be subject to the City’s adopted rates for sanitary sewer discharge and other charges in the same manner as the City’s other retail sanitary sewer customers. J. In advance of ISU granting any tenant occupancy of any portion of the CYTown Development Area, ISU shall notify the City of Ames Water and Pollution Control Department if that tenant has the potential to discharge wastewater that is not similar to domestic sewage (e.g., restaurant users, etc.). Such tenant may be required to install grease interceptors or other pre-treatment equipment meeting the design, sizing, and performance specifications provided by the City, as a pre-requisite to obtaining water and sanitary sewer service. K. Depending on the customer type and their particular sewer discharges, the individual customer accounts described in Paragraphs V(J) and VI(I) of this Agreement may be subject to the provisions in Ames Municipal Code related to the discharge of fats, oils and grease (FOG) or high-strength waste, and/or the industrial pre-treatment program. ISU shall be responsible for the installation, ownership, and maintenance of any grease interceptors or other pre-treatment equipment necessary to comply with the sanitary sewer discharge regulations of Ames Municipal Code. L. Buildings or other uses of potable water existing within the CYTown Development Area as of the Effective Date of this Agreement which discharge into ISU’s sanitary sewer collection system are to remain on the sanitary sewer collection system provided by ISU. However, ISU may request that any such existing building or other use of potable water that discharges into ISU’s sanitary sewer collection system be transferred to the City’s sanitary sewer collection system. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section (Section VI), including the requirements for the transfer of ownership to the City for sanitary sewer mains and other sanitary sewer system infrastructure. 142 Page 7 of 18 M. ISU and the City acknowledge that: ISU has installed certain sanitary sewer system improvements in the CYTown Development Area as of the Effective Date of this Agreement; that the City’s construction inspection staff has inspected the improvements and issued a certification of acceptance and completion; and ownership of the improvements has passed to the City. The location of the improvements is set forth in a Water and Sanitary Sewer Utility Easement Agreement executed by ISU and City and dated June 13, 2024. N. Any relocated or expanded sanitary sewer system improvements that may become necessary after the initial installation occurs shall be subject to the same design, installation, acceptance, and operating provisions set forth in Paragraphs VI(C-K) of this Agreement in the same manner as the original sanitary sewer system improvements. VII. ELECTRIC SYSTEM IMPROVEMENTS A. New buildings or other uses of electric power constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s Electric Utility in accordance with the procedures of this Section VII and applicable policies and procedures of Ames Municipal Code. B. The electrical duct bank, transformer pads, and other appurtenant features necessary to provide electrical service for the new buildings and other uses of electric power shall be considered “electrical system improvements.” C. ISU shall prepare plans and specifications in accordance with standards adopted by the City for the electrical system improvements [to be furnished by ISU, as described in Paragraph VII(B)], and the electrical distribution cable and transformers [to be furnished by Ames, as described in Paragraph VII(F)] to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications from the City’s Electric Services Department engineering staff prior to installation. D. ISU shall install the electrical system improvements in accordance with the plans and specifications approved by the City. E. The installation of electrical system improvements is to be inspected by the City’s Electric Services Department engineering staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. 143 Page 8 of 18 F. The City shall be responsible for furnishing and installing all electrical distribution cable and transformers necessary to provide electric power service to new buildings or other uses of electric power within the CYTown Development Area. All electrical equipment from the electrical distribution system up to and including the transformer, shall be owned and maintained by the City. G. Electric service lines extending from the transformers to individual buildings or other users of electrical power within the CYTown Development Area shall be owned, installed and maintained by ISU. All connections of service lines to electrical transformers shall be completed in accordance with normal City standards and adopted codes for commercial electrical connections. H. End Users of the City’s Electric Utility services shall have separate electrical meters and instrument transformers (if instrument-rated) installed in accordance with the City’s normal standards and adopted codes, and the cost for electric meters and instrument transformers shall be paid by the City. ISU shall provide meter panels and any current transformer enclosures at its cost and where specified by Ames Municipal Electric System as necessary to provide electrical service. I. Each meter shall be assigned to a customer account in accordance with the City’s standards as adopted in Municipal Code for electrical service and shall be subject to the City’s adopted electrical rates and other charges in the same manner as the City’s other retail electrical customers. J. Any street lighting or parking lot lighting within the CYTown Development Area shall be the responsibility of ISU to own, install, and maintain. Street and/or parking lot lighting shall be connected to the City’s Electric Utility at metering locations as agreed between Ames and ISU. Costs for electricity for street lighting or parking lot lighting shall be paid as provided in Paragraph VII(I) of this Agreement. K. Buildings or other uses of electric power currently serviced by ISU and existing within the CYTown Development Area as of the Effective Date of this Agreement are to remain on the electric power system provided by ISU. However, ISU may request that any such existing building or other use of electric power within the CYTown Development Area be transferred to the City’s Electric Utility as a retail customer. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section VII and any additional infrastructure or conditions determined necessary by the City to complete the acceptance and connection, such as metering, primary connections, transformers, etc. 144 Page 9 of 18 L. Any relocated or expanded electrical system improvements that may become necessary after the initial installation occurs shall be subject to the same design, installation, acceptance, and operating provisions set forth in Paragraphs VII(C-J) of this Agreement in the same manner as the original electrical system improvements. VIII. STORM WATER MANAGEMENT A. ISU shall be responsible for the management of storm water within the CYTown Development Area, including any special storm water management practices and improvements necessary on a temporary basis during construction, in accordance with the provisions of the ISU Municipal Separate Storm Sewer System Permit as issued by the Iowa Department of Natural Resources. B. ISU shall provide the City with a copy of its Storm Water Management Plan for the CYTown Development Area upon request. C. Provided that no storm water collected within the CYTown Development Area passes into or through any storm sewer feature operated under the Municipal Separate Storm Sewer Permit issued by the Iowa Department of Natural Resources to the City of Ames, the Ames utility customers within the CYTown Development Area shall be exempt from rates and fees charged by the City for storm water management. D. In the event it becomes necessary to install storm water management features in Stuart Smith Park to meet the storm water management needs of the CYTown Development Area, ISU agrees to locate any such storm water management features in such a manner as to preserve the existing shared-use path in that park. If the shared use path must be relocated in order to facilitate the installation of any storm water management features for the CYTown Development Area, ISU shall relocate the shared-use path at its sole expense, to a location satisfactory to the City of Ames. IX. FLOOD PLAIN DEVELOPMENT PERMITTING A. Prior to the initiation by ISU of any excavation, filling, grading, construction, or remodeling within the Special Flood Hazard Area, as that area is determined in the City’s adopted Flood Plain Map, ISU shall apply to the City for a Flood Plain Development Permit. Approval of the Flood Plain Development Permit by the City shall not be unreasonably withheld. 145 Page 10 of 18 X. BUILDING PERMITS AND FIRE CODE; INSPECTIONS A. Construction within the CYTown Development Area will be governed by the building and fire code requirements administered by the Iowa State Fire Marshal, as is customary for other state-owned construction projects. However, prior to construction, ISU agrees to consult with the Ames Fire Chief or designee regarding the construction plans, to identify any potential impediments to the provision of effective fire or emergency medical services to the site by the Ames Fire Department. XI. TRAFFIC SYSTEM IMPROVEMENTS A. All roads and traffic improvements for internal traffic circulation within the CYTown Development Area shall be the responsibility of ISU to design, construct, own, and maintain. This includes any traffic improvements on Jack Trice Way between Beach Avenue and University Boulevard. B. Any easements or private property to implement the improvements described in this Section XI shall be the responsibility of ISU to acquire. The City shall have no responsibility for any acquisition costs or condemnation proceedings related to the improvements described in this Section XI. C. The road and traffic improvements indicated in this Section are the same as those set forth in the CYTown-Parking and Infrastructure Improvements Traffic Study completed by Snyder & Associates and dated January 30, 2023 (“2023 Traffic Study"). The improvements described in this Section shall be constructed in the manner described in the 2023 Traffic Study, unless the City’s Traffic Engineer approves an alternative, in writing, on the basis of changed roadway or traffic conditions in the time since the 2023 Traffic Study was completed. D. Center Drive and University Boulevard Traffic Signal and Intersection Improvements: 1. ISU shall prepare plans and specifications for the installation of a traffic signal and related intersection improvements at the intersection of Center Drive and University Boulevard (“University/Center Intersection Improvements”). These plans and specifications shall be prepared in accordance with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the University/Center Intersection Improvements prior to installation. 146 Page 11 of 18 2. ISU shall construct the University/Center Intersection Improvements prior to obtaining a certificate of occupancy for the first four buildings within Phase I of the CYTown Development Area. 3. Deferral of Construction – The City shall defer the requirement for construction of the University/Center Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not meet traffic signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices (MUTCD). When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. 4. ISU shall be responsible for all costs to design and construct the University/Center Intersection Improvements. The traffic signal shall be dedicated to the City upon completion, and thereafter owned, operated, and maintained by the City. ISU shall be responsible for one-third of the future replacement costs of the traffic signal, when replacement is deemed warranted by the City’s Traffic Engineer. Turn lane improvements at this intersection shall be owned and maintained by the City if on the south or north legs of the intersection, and owned and maintained by ISU if on the west leg of the intersection. E. Beach Avenue and Jack Trice Way Traffic Signal and Intersection Improvements: 1. ISU shall prepare plans and specifications for the installation of a traffic signal and related intersection improvements at the intersection of Beach Avenue and Jack Trice Way (referred to hereinafter as “Beach/Jack Trice Way Intersection Improvements”). These plans and specifications shall be prepared in accordance with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the Beach/Jack Trice Way Intersection Improvements prior to installation. 2. ISU shall construct the Beach/Jack Trice Way Intersection Improvements prior to obtaining a certificate of occupancy for either: 147 Page 12 of 18 a. A hotel located within the CYTown Development Area; or, b. The first two buildings within Phase II of the CYTown Development Area, whichever occurs earlier. 3. Deferral of Construction – The City shall defer the requirement for construction of the Beach/Jack Trice Way Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not meet traffic signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices (MUTCD). When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. 4. ISU shall be responsible for all costs to design and construct the Beach/Jack Trice Way Intersection Improvements. The traffic signal shall be dedicated to the City upon completion, and thereafter owned, operated, and maintained by the City. ISU shall be responsible for one-fourth of the future replacement costs of the traffic signal, when replacement is deemed warranted by the City’s Traffic Engineer. Turn lane improvements at this intersection shall be owned and maintained by the City if on the south, west, or north legs of the intersection, and owned and maintained by ISU if on the east leg of the intersection. F. Beach Avenue and Center Drive Traffic Improvements: 1. ISU shall prepare plans and specifications for the realignment of the intersection of Center Drive, Beach Avenue, and Greeley Street (“Beach/Center Intersection Improvements”). These plans and specifications shall be prepared in accordance with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the Beach/Center Intersection Improvements prior to installation. 2. ISU shall construct the Beach/Center Intersection Improvements prior to obtaining a certificate of occupancy for either: 148 Page 13 of 18 a. A hotel located within the CYTown Development Area; or, b. The first two buildings within Phase II of the CYTown Development Area, whichever occurs earlier. 3. Deferral of Construction – The City shall defer the requirement for construction of the Beach/Center Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not require realignment based on contemporary traffic engineering principles. When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. G. Country Club Neighborhood Traffic Calming: 1. Upon the occupancy of the first four buildings in Phase I of the CYTown Development Area, the City’s Traffic Engineer shall evaluate the traffic conditions in the neighborhood located west of Beach Avenue (between Lincoln Way, Ash Avenue, Beach Avenue, and Cessna Street). Thereafter, if determined warranted by the City’s Traffic Engineer, the City may install traffic calming improvements in that neighborhood. 2. ISU shall reimburse the City for the actual costs to construct and/or install any traffic calming features consistent with contemporary standards of traffic engineering in the neighborhood west of Beach Avenue, provided that the City provides notification to ISU of the proposed measures prior to finalizing their design. Within thirty (30) days of receipt of notification, ISU may request a conference with the City’s Traffic Engineer to discuss the traffic calming measures and to propose alternatives. If the City elects not to proceed with an alternative as proposed by ISU, the City will provide a statement in writing detailing the reasons therefor. Upon completion of the installation of the traffic calming measures, ISU shall have no obligation for maintenance or repair of the 149 Page 14 of 18 traffic calming measures, and any future traffic calming measures or modifications shall be the responsibility of the City. XII. EASEMENTS A. Prior to completion by ISU and acceptance by the City of any Water System Improvements, Sanitary Sewer System Improvements, Electric System Improvements, or Traffic System Improvements in the CYTown Development Area as described in this Agreement, ISU shall grant to the City by executed instruments, without charge to the City, easements for the installation and maintenance of such improvements and any future related improvements as may be necessary to provide services to the CYTown Development Area. The easements shall be memorialized using the easement template approved by City and ISU staff on October 26, 2023, unless ISU and the City mutually agree otherwise. B. Off-Site Electrical Improvements: The Parties understand that improvements to the City’s electrical distribution infrastructure outside the CYTown Development Area will be necessary in order to reliably serve the anticipated needs of the CYTown Development Area. The City shall be responsible for obtaining any private property easements necessary to construct these off-site improvements. However, in locations where the City requires the installation of electrical distribution infrastructure across or under ISU property outside of the CYTown Development Area in order to serve the CYTown Development Area, ISU agrees to provide electrical easements to the City in mutually acceptable locations using the easement template approved by City and ISU staff on October 26, 2023, unless ISU and the City mutually agree otherwise. XIII. UNDERGROUND FACILITY LOCATING The City shall be responsible for locating and marking its underground facilities within the CYTown Development Area (water, sanitary sewer, electric, and traffic signal underground facilities) in accordance with Iowa Code Chapter 480. The City shall have no responsibility to locate or mark underground facilities that are the property of ISU, including but not limited to water corporation cocks, curb cocks and curb boxes, service lines, parking lot light electric lines or other utilities installed or operated by ISU within the CYTown Development Area. ISU shall be responsible for locating and marking any underground facilities owned by ISU. XIV. LAW ENFORCEMENT Law Enforcement operations within the CYTown Development Area shall be administered under the “Intergovernmental 28E Agreement for Combined Law Enforcement Services” filed May 17, 2018 with the Iowa Secretary of State, or any successor agreement thereto. 150 Page 15 of 18 XV. FIRE PROTECTION Fire protection services within the CYTown Development Area shall be administered under the “Agreement between the City of Ames and the Board of Regents, State of Iowa for Fire Services at Iowa State University” dated May 19, 1981, or any successor agreement thereto. XVI. AMENDMENT This Agreement represents the entire Agreement of the parties. Any amendment to this Agreement shall be in writing, approved by each party, and executed by the authorized representative of each party. XVII. SEVERABILITY In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining provisions of this Agreement that are valid shall continue in full force and effect. XVIII. INDEMNIFICATION To the extent permitted by law, each party shall indemnify and hold harmless the other party and the other party’s officers, agents and employees, against any and all claims, demands, damages, loss or liability incurred by the indemnified party, including reasonable legal fees, directly or indirectly resulting from or arising out of the negligent or wrongful acts or omissions of the indemnifying party, or its officers, agents or employees. XIX. PRIOR AGREEMENTS In the event any provision of this Agreement conflicts with a provision of another Agreement between the parties existing as of the Effective Date of this Agreement, the provisions of this Agreement shall control. XX. TERMINATION This Agreement shall remain in effect unless terminated by the mutual consent of the Parties hereto. 151 Page 16 of 18 XXI. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. CITY OF AMES, IOWA IOWA STATE UNIVERSITY By: ______________________________ By: ______________________________ John Haila, Mayor Wendy Wintersteen, President Attest: ______________________________ Renee Hall, City Clerk 152 Page 17 of 18 ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES 153 Page 18 of 18 ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN 154 Page 1 of 17 Memorandum of Understanding Between Iowa State University and The City of Ames, Iowa Relating to the CYTown Development This Memorandum of Understanding (“MOU” or “Agreement”) entered this ___ day of _____________, 2024, by and between the CITY OF AMES, IOWA (“City”), and IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY (“Iowa State University” or “ISU”), RECITALS Iowa State University is the owner of property located between Lincoln Way and Jack Trice Way, South University Boulevard to Beach Avenue (“CYTown Development Area”); and, Iowa State University intends to develop the CYTown Development Area to create a multi-use district, which may contain uses including retail, office, residential, medical, entertainment, event space, hotel, research, academic, administrative, and other similar activities and related supporting infrastructure; and, The existing major facilities located within the boundaries of the CYTown Development Area, including C.Y. Stephens Auditorium, Fisher Theater, Hilton Coliseum, and the Scheman Building, have been art and cultural anchors of the Ames and ISU community since the first facility was opened in 1969; and, The City and ISU agree that a prosperous local arts and entertainment community improves the welfare, comfort, and convenience of Ames’ citizens, promotes economic development and tourism, and enhances the community identity; and, The existence of quality facilities and equipment is necessary to achieve these objectives; and, The existing facilities require substantial financial investments in maintenance and enhancements, and insufficient funding exists to complete these investments; and, The development of complementary facilities and attractions within the vicinity creates the opportunity to both finance those investments and regain the status of these facilities as a premier performing arts, visitor, events, and entertainment center of the community and state; and, The City and ISU have a long history of cooperating together for the benefit of both the Ames Community and the University. 155 Page 2 of 17 Accordingly, it is the mutual desire of ISU and the City to realize the development of a premier performing arts, visitor, events, and entertainment area, and the parties have committed to mutual understanding regarding the cooperation between them as provided for in this MOU to achieve this development. I. DESCRIPTION OF DEVELOPMENT GOALS The parties intend that the CYTown Development Area (which area is described in Section IV of this Agreement) will achieve the following: A. Rehabilitate and enhance the performing arts, visitor, and events facilities within the CYTown Development Area, for the benefit of Iowa State University and the community of Ames; and, B. Develop new Convention and Hotel space and rehabilitate existing Convention space; and, C. Attract and retain students, visitors, employees, and businesses to Iowa State University and the City of Ames; and, D. Develop a “destination” to attract individuals to the community to work, play, and live; and, E. Generate revenues to achieve the rehabilitation and enhancement efforts as described above. II. PURPOSE OF MEMORANDUM OF UNDERSTANDING It is the purpose of this MOU to: A. Establish the Principles and General Understanding between the parties regarding their cooperative relationship to establish the goals set forth above; and, B. Identify mutually beneficial funding sources to help accomplish the rehabilitation and enhancement of the performing arts, visitor, and events facilities within the CYTown Development Area; and, C. Develop a framework to resolve issues that may arise between the Parties pertaining to taxability and other legal provisions that may jointly impact ISU and the City. III. DEFINITIONS: As used in this MOU, the following terms have the meanings outlined below: 156 Page 3 of 17 Convention – Conferences, seminars, trade shows, meetings, trainings, or symposia, generally of an educational or professional nature, where indoor open space is necessary to facilitate an assembly of people with a common interest. CYTown Suites – Apartment-style dwelling units, access to which is made available to certain donors to ISU. Events – Scheduled activities that provide opportunity for interaction in a social setting, including banquets, galas, balls, or lectures. Food and Drink Establishments – Restaurants, bars, breweries, distilleries, and other places serving food or beverages, providing service to visitors to the CYTown Development Area. Hotel - Any number of buildings or portions thereof providing lodging or rooming to transient members of the public. Medical – A facility providing medical or surgical care to patients where overnight care is not provided. Office – A facility containing activities conducted in an office setting and primarily focusing on administrative, business, government, professional, medical, or financial services. Performing Arts – Creative arts performed in front of an audience, including music, dance, comedy performances, and theater. Retail – A facility containing uses that involve the sale, lease, or rental of new or used consumer products, including prepared foods, to the general public and uses providing services involving predominantly personal or business services, including repair of consumer and business goods. Retail shall not include service stations, motor vehicle, truck, or equipment sales. Tenant - Any non-ISU person or entity charged rent, or where any other consideration is required in exchange for a right to occupy the premises by a non-ISU person or entity. Visitor – A person who travels to the CYTown Development area to enjoy an event, food and drink establishment, performing art, or entertainment activity. IV. CYTOWN DEVELOPMENT AREA COMPONENTS: A. The extent of the CYTown Development Area is depicted on Attachment 1 to this Agreement. The CYTown Development Areas consists of the land and improvements 157 Page 4 of 17 located south of Lincoln Way, north of Jack Trice Way, west of South University Boulevard, and east of Beach Avenue, in Ames, Iowa, excluding: 1. The Alumni Center building, 2. Any traditional research, academic, or administrative building servicing solely ISU within the boundaries of the CYTown Development Area, and 3. The existing facilities in the CYTown Development Area including (“Existing Facilities”): a. C.Y. Stephens Auditorium b. Fisher Theater c. Scheman Building d. Hilton Coliseum e. Campbell Transit Center B. PROPOSED FACILITIES: BLDG. PHASE USE PLAN AREA (sq. ft.) A II University Use 20,300 B II Retail / Event 15,000 C II L1: Office / L2-3: Office / Suites 9,500 D I L1: Office / L2-3: Office / Suites 7,000 E I L1: Office / L2-3: Office / Suites 24,050 F I Medical Clinic 16,667 G I Restaurant / Event 15,823 H I Retail / Event 12,025 I I Retail / Event 12,025 J II Retail / Event 17,000 K II Retail / Event 15,000 L II Convention / Hotel 55,000 C. The proposed facilities and their configuration as described in the table above are preliminary and conceptual in nature, and the parties understand that the facilities to be constructed and operated may not be built to these exact specifications of square footage or locations. The configuration, timing of the construction, and opening of the proposed facilities described in this MOU is within the sole discretion of Iowa State University. D. In general, however, for purposes of this MOU only, the CYTown Development Area is described in the following two phases: 158 Page 5 of 17 1. Phase I - the facilities located in the portion of the CYTown Development Area bounded on the south by Jack Trice Way and on the north by an east- west line 700 feet north of the centerline of Jack Trice Way (Buildings E, F, G, H, and I as depicted on Attachment 2) 2. Phase II - any facility not included in Phase I. E. As part of the development expenses of the CYTown Development Area, the Campbell Transit Center has been demolished and will be reconstructed by ISU in another portion of the CYTown Development Area to facilitate the construction of the overall CYTown Development Area. For purposes this MOU, the relocated Campbell Transit Center is not part of Phase I or Phase II. V. ISSUES OF STATE LAW A. The Parties understand that there are areas of State law including taxation and competition with private enterprises that may impact the development. While recognizing that this MOU does not supersede State law, the Parties agree, to the extent allowed by State law, to work together where appropriate to attempt to address and resolve issues that arise relating to any aspect of the CYTown Development that implicates issues of governmental competition with private enterprise or taxation. B. The City and ISU agree that to the fullest extent allowed by law, from the revenue generated through the CYTown Development, an amount equivalent to the normal property tax collection attributable/payable to the City for similar private developments will be invested back into the CYTown Development as described in this MOU Paragraph VII. The City and ISU agree to take all action within their legal authority to facilitate this intent. The parties agree not to take any formal affirmative action within their legal authority inconsistent with this intent. C. The agreements described in this paragraph and the provisions of this MOU apply exclusively to the CYTown Development Area and shall not establish a precedent with respect to the Parties’ relationship on other development projects. VI. CYTOWN ADVISORY COMMITTEE A. The Parties agree to create a “CYTown Advisory Committee” consisting of the following (or their designees): 1. The Iowa State University President 2. The Iowa State University Research Park President 159 Page 6 of 17 3. The City Manager of the City of Ames B. The purpose of the CYTown Advisory Committee is to: 1. Provide input to the Iowa State University President on the overall development of the CYTown Development Area. To that end, the Committee will perform an annual financial review of the Development Area and make recommendations regarding a plan for the investments in, and a schedule for, the planned improvements. 2. Appear before and present information to the Ames City Council, in the event ISU intends to demolish any of the Existing Facilities during the term of this Agreement. Such presentation shall occur prior to commencement of demolition, except where a building has been damaged as a result of disaster or calamity and demolition is necessary as a matter of urgency to protect life or property. 3. Discuss any issues pertaining to the CYTown Development Area which are not disposed of by this Agreement. VII. PROPERTY TAX AND PROPERTY TAX EQUIVALENTS COLLECTED IN LIEU OF TAXES (MOU PILOT) A. ISU agrees to collect from Tenants in buildings in the CYTown Development Area (as described and subject to the exclusions in Section IV of this Agreement) an amount in addition to any charges for rent or common area maintenance, which amount shall be a Payment in Lieu of Tax (PILOT). B. The amount of PILOT to be collected for each building in a given year shall be calculated in a manner similar to the assessment of property and the collection of property taxes in the City of Ames, per the procedures described below: 1. Upon receipt of approval for occupancy of a building by the State Fire Marshal, ISU shall notify the Ames City Assessor and request that an assessment value be established for that building as required by Iowa Code Section 427.1(18). It is understood that an assessment value provided by the Ames City Assessor is to be used by the Parties for the purpose of determining value to fulfill the provisions of this Agreement, and that the assessment value is not a tax statement. 160 Page 7 of 17 The assessment value shall be considered the “Building Value” for the purposes of this Agreement. The Building Value is subject to revision by the City Assessor from time to time through normal assessment processes (e.g., revaluation in odd-numbered years; changes due to additions, demolition, renovations, etc.). The most recently established Building Value shall be the value used for the calculation of PILOT for a given building. Nothing in this paragraph restricts in any way the rights of ISU or any other qualified party to protest the Building Value established by the Ames City Assessor as provided in Iowa law, in which case the assessment value established through the protest process and any applicable appeals shall be the considered the Building Value. a. In the event the Ames City Assessor fails to furnish a Building Value to ISU in an assessment notice mailed on or before April 1 of the year following initial occupancy or in any odd-numbered year thereafter, then the Building Value for that year shall be established through an independent appraisal prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The appraisal report shall be completed on or before June 1. The selection of an appraiser and the costs therefor shall be the responsibility of ISU. Upon receipt of the independent appraiser report, ISU shall provide a copy to the City. Annually thereafter, the Building Value shall be as calculated by the Ames City Assessor per Paragraph VII(B)(1) above, or through the provisions of this Paragraph VII(B)(1)(a). 2. The Building Value, as established in accordance with Paragraphs VII(B)(1) and VII(B)(1)(a) above, is not required to be determined for any building(s) for which property tax has been otherwise assessed and collected by any taxing authority. 3. ISU shall cooperate with reasonable requests by the Ames City Assessor to review construction documents, lease agreements, and/or conduct site inspections for the purpose of establishing value in the initial and subsequent years. Because building code compliance on State property is under the jurisdiction of the State Fire Marshal rather than the City of Ames, ISU agrees to notify the Ames City Assessor of any alterations, additions, renovations, demolition, or other building modifications that occur to any building after it becomes initially occupied. 161 Page 8 of 17 4. On or before June 1 each year, ISU shall furnish the City with land values for each building as of January 1 of that year for the purpose of calculating PILOT. 5. On or before July 1 each year, the City shall furnish ISU with statements for each building for which a value has been established, which shall describe the following: a. The most recent Building Value. b. The most recent land value as furnished by ISU. c. Amounts calculated by multiplying that Building Value and that land value by the most recent assessment limitation percentage (rollback) certified by the Iowa Department of Revenue as applicable to the type of use for that building. d. The amounts calculated in Paragraph VII(B)(5)(c) then divided by $1,000 and multiplied by the adopted Ames City/Ames Community School District (Tax District Number 850067) Consolidated Levy Rate (“CLR- 850067”) for the period beginning July 1 of that year. This amount is the total amount of Payment in Lieu of Tax (“PILOT”) for that building. e. The PILOT calculated in Paragraph VII(B)(5)(d) is to be divided into two portions: i. The MOU PILOT - an amount equivalent to the proportion of the City’s levy rate as compared to the CLR-850067 for that year, as applied to the Building Value only, and ii. The Remainder PILOT – the portion of the collected PILOT that remains after subtracting the amount of the MOU PILOT. 6. ISU shall collect the PILOT from Tenants not later than June 30 each year for PILOT calculated as of the preceding July 1. This space intentionally left blank 162 Page 9 of 17 7. An example of a statement to be furnished to ISU, demonstrating the calculations described in Paragraph VII(B)(5), is shown below: 2027 CYTown PILOT Statement - EXAMPLE Retail Building XYZ THIS IS NOT A TAX BILL Approved for Occupancy 10/12/2026 January 1, 2027 w/Commercial Property Assessment Limitation (Rollback) for July 1, 2027 (90%) Building Value (Per Assessor) $ 1,750,000 Building Value $ 1,575,000 Land Value (Per ISU) $ 625,000 Land Value $ 562,500 TOTAL $ 2,375,000 TOTAL $ 2,137,500 July 1, 2027 Adopted Levies: Rate per $1,000 Times Rolled Back Value: Amount to be Collected On or Before June 30, 2028: Building Land Ames City Levy 9.29336 MOU PILOT: $14,637.04 0.00 Sum of All Other Levies 21.52286 Remainder PILOT: $33,898.50 $17,334.12 Subtotal: $48,535.54 $17,334.12 TOTAL (CLR-850067) 30.81622 Total PILOT: $65,869.66 C. ISU may dedicate all or a portion of the Remainder PILOT to a specific purpose. D. Phase I MOU PILOT revenues and Phase II MOU PILOT revenues shall be accounted for separately. E. ISU agrees that MOU PILOT revenues collected from Tenants will be used only for the following purposes: 1. Remittance to the City – Not later than December 31 each year, ISU shall remit all eligible MOU PILOT revenues, as described below, collected in the previous fiscal year to the City, and the City may use such revenues for any lawful purpose. This space intentionally left blank 163 Page 10 of 17 The amount of the MOU PILOT revenues eligible to be remitted to the City from each Phase, each year, is limited in accordance with the schedules below: PHASE I MOU PILOT REVENUES: Years After the First Building Constructed in Phase I is Approved for Occupancy by the State Fire Marshal Portion of Phase I MOU PILOT Revenues Collected by ISU That Year Eligible to be Remitted to the City 0-19 0% 20-24 25% 25-29 50% 30 and thereafter 75% PHASE II MOU PILOT REVENUES: Years After the First Building Constructed in Phase II is Approved for Occupancy by the State Fire Marshal Portion of Phase II MOU PILOT Revenues Collected by ISU That Year Eligible to be Remitted to the City 0-19 0% 20-24 25% 25-29 50% 30 and thereafter 75% a. Notwithstanding the foregoing, in the event ISU transfers or expends any of the Remainder PILOT revenues for a university or governmental purpose other than that which is specifically described in Paragraph VIII(A)(1)(b) of this Agreement (“Withdrawal”), then the City may, at its option, elect to collect from MOU PILOT revenues an amount equal to ISU’s Withdrawal. Such amount collected by the City shall be taken from the MOU PILOT revenues collected by ISU in the same year as the Withdrawal and, if necessary, MOU PILOT revenues collected in subsequent years until the amount equal to ISU’s Withdrawal is collected by the City or this Agreement is terminated, whichever occurs first. b. The City may, at its option, waive its right to collect any or all MOU PILOT revenues it is eligible to receive from ISU in any given year if the City chooses to further fund improvements in the CYTown Development Area. c. If any taxing authority determines that a portion of the CYTown Development Area, but not the CYTown Development Area in its entirety, is subject to the payment of property taxes to the City, the Parties agree that: 1) the nontaxable portion of the CYTown Development Area will remain subject to the terms of this MOU, and 2) for the portion of the CYTown 164 Page 11 of 17 Development Area for which property taxes have been collected and remitted by any taxing authority to the City, ISU will not be obligated to continue collecting or paying the City MOU PILOT for that portion of the CYTown Development Area so long as that portion of the CYTown Development Area remains taxable. 2. Contribution to Performing Arts, Visitor, and Events Enhancements – ISU agrees that any MOU PILOT revenues not remitted to the City in accordance with Paragraph VII(E)(1) above will be deposited in the CYTown Development Area Capital Improvements Fund (“Capital Improvements Fund”). a. Any funds in the Capital Improvements Fund are to be used exclusively for: i. Enhancements to and renovations of any of the following: a. C.Y. Stephens Auditorium, b. Fisher Theater, c. The Scheman Building, d. Hilton Coliseum. Enhancements to Hilton Coliseum are limited to improvements to the building envelope (roof, windows, doors), mechanical systems, or seating; or, ii. Construction of new flat space or Convention space, not including construction of a Hotel, provided that no further enhancements and renovations are planned or needed for the facilities listed in Paragraph VII(E)(2)(a)(i) above. b. Enhancements and renovations to be financed by the Capital Improvements Fund are non-operational activities which include, but are not limited to, restroom renovations and expansion, replacement of carpet and interior finishes, replacement theater seating, patron amenity improvements, building system deferred maintenance, technology upgrades, skywalk connection expansion, theater production improvements, and event space construction and renovation. c. However, the Capital Improvements Fund may not be used to finance: 165 Page 12 of 17 i. Any improvement to Hilton Coliseum other than improvements to the building envelope (roof, windows, doors), mechanical systems, or seating; or, ii. Decorations, sculptures, landscaping, or other ornamental fixtures within the CYTown Development Area. VIII. ACCOUNTING FOR CYTOWN FINANCES A. ISU agrees to operate the finances of the CYTown Development Area as an enterprise (i.e., an isolated, business-like activity). ISU shall create and manage an Operating Fund and a Capital Improvements Fund for the CYTown Development Area. 1. Revenues and expenses shall be assigned to the Operating Fund as follows: a. Revenues: i. Donations and/or fundraising related to the CYTown Suites or other improvements, ii. Land rents or leases for commercial spaces, iii. Common area maintenance fees, iv. Hotel/convention revenues, v. Remainder PILOT revenues, except those Remainder PILOT revenues which, through an agreement with another property taxing authority, are either remitted to that authority or dedicated to a specific purpose, and vi. All other revenues, excluding MOU PILOT revenues. b. Expenses: i. Operating expenses for CYTown, ii. Common area maintenance and development expenses, iii. Construction costs and/or Debt service payments for the “Proposed Facilities,” infrastructure, and common areas generally described in Paragraph IV(A) of this Agreement, and iv. Developer rebates. 2. Revenues and expenses shall be assigned to the Capital Improvements Fund as follows: a. Revenues: i. Those MOU PILOT revenues not remitted to the City, 166 Page 13 of 17 ii. A transfer of any unencumbered balance, as determined by ISU, remaining in the Operating Fund at the conclusion of each fiscal year. b. Expenses: i. Debt service or cash for improvements or construction as described in Paragraph VII(E)(2)(b) of this Agreement. B. It is the intent of ISU to utilize the Capital Improvements Fund from the CYTown Development Area to finance improvements to the Existing Facilities as soon as practicable after sufficient income has been collected to do so. To achieve this goal, ISU shall contract for construction of the first improvements to C.Y. Stephens Auditorium, Fisher Theater, and the Scheman Building prior to the accumulation of any balance in the Capital Improvements Fund exceeding $4,000,000. C. Not later than December 31 each year, ISU will provide the City with audited financial statements prepared in accordance with Generally Accepted Accounting Principles, which statements include itemized reports of all revenues, operating expenditures, MOU PILOT, debt service, and capital improvements related to the CYTown Development Area Capital Improvements and Operating Funds for the preceding fiscal year. The CYTown Development Area fiscal year will be July 1 through June 30. IX. ISU RESPONSIBILITIES: A. All facilities within the CYTown Development Area shall be under the administration, management, governance, and control of Iowa State University. By way of specification but not limitation, all rules, policies, purchases, and contracts pertaining to the construction and operation of the CYTown Development Area shall be the sole prerogative of Iowa State University, except that ISU shall, in general, charge market- based land rents, as reasonably determined by ISU, to all Tenants leasing commercial space within the CYTown Development Area, with the exception of any portion of any building used as “CYTown Suites.” X. CONSTRUCTION, UTILITIES, AND TRAFFIC A. Responsibilities regarding construction, ownership, and operation of electric, water, sanitary sewer, storm water, and traffic infrastructure to serve the CYTown Development area, and other responsibilities for permitting and certain public services, are described in a separate agreement between the Parties (“CYTown Development Area Construction, Utilities, Traffic, and Related Services Memorandum of Understanding”). 167 Page 14 of 17 XI. NO ENTITY CREATED A. No separate legal entity or agency is created under this Agreement. XII. AMENDMENT A. This Agreement represents the entire Agreement of the parties. Except as provided in Paragraphs B-C of this Section, any amendment to this Agreement shall be in writing, approved by each party, and executed by the authorized representative of each party. B. If ISU, after the effective date of this Agreement, enters into or thereafter amends a similar agreement with another taxing authority, then the City may elect to substitute any of the following provisions in this Agreement with the same provision(s) of the agreement between ISU and the other taxing authority: a. The duration as set forth in Paragraph XVI(A) of this Agreement, b. The calculation method of the PILOT for that other taxing authority (e.g., a calculation of PILOT that is not based on the proportion of the taxing authority’s adopted levy rate as compared to the consolidated levy rate as described in Section VII of this Agreement), and/or c. The portion of PILOT that is eligible to be remitted to the taxing authority in a given year of the Agreement (e.g., the tables set forth in Paragraph VII(E)(1) of this Agreement. C. Any substitution elected in writing by the City as described in Paragraph XII(B) above shall be considered an amendment as described in this Section and shall be effective on the date notice is received by ISU. XIII. SEVERABILITY A. In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining provisions of this Agreement that are valid shall continue in full force and effect. XIV. INDEMNIFICATION A. To the extent permitted by law, each party shall indemnify and hold harmless the other party and the other party’s officers, agents and employees, against any and all claims, demands, damages, loss or liability incurred by the indemnified party, including reasonable legal fees, directly or indirectly resulting from or arising out of the negligent or wrongful acts or omissions of the indemnifying party, or its officers, agents or employees. 168 Page 15 of 17 XV. PRIOR AGREEMENTS A. In the event any provision of this Agreement conflicts with a provision of another Agreement between the parties existing as of the Effective Date of this Agreement, the provisions of this Agreement shall control. XVI. TERMINATION A. DURATION: This MOU shall remain in effect for thirty-five (35) years from the date the first building in Phase II is approved for occupancy by the State Fire Marshal, unless the Agreement is terminated prior to that date by the mutual consent of the Parties hereto, or through the termination provisions of this Section XVI. B. This MOU may be terminated by ISU with 90 days’ notice if the final determination of any taxing authority requires the payment of any property taxes to the City contrary to the provisions of this Agreement. C. Upon termination of this MOU, ISU agrees that any balance remaining in the Capital Improvements Fund shall remain subject to the provisions of Paragraphs VII(E)(2)(a-c) and Section VIII of this MOU, which describe the permitted uses of funds. The obligations described in this paragraph shall survive the termination of this MOU and ISU shall be relieved of these obligations only when the balance in the Capital Improvements Fund is exhausted. XVII. COUNTERPARTS A. This MOU may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. The parties acknowledge that this Agreement is subject to Ames City Council and Iowa Board of Regents approval. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. CITY OF AMES, IOWA IOWA STATE UNIVERSITY By: ______________________________ By: ______________________________ John Haila, Mayor Wendy Wintersteen, President Attest: ______________________________ Renee Hall, City Clerk 169 Page 16 of 17 ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES 170 Page 17 of 17 ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN 171 Legal Description: See Exhibits B and C Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES WATER AND SANITARY SEWER UTILITY EASEMENT AGREEMENT CYTOWN DEVELOPMENT AREA This Water and Sanitary Sewer Utility Easement Agreement (“Agreement”) is entered into on June 13, 2024, (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A.The State of Iowa holds title to certain real property locally known as the CYTown Development Area located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa as depicted in Exhibit A, which is attached and made part of this Agreement, and legally described in Exhibit A (“Property”). B.Grantee owns water and sanitary system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. C.Grantor acknowledges that Grantee will be installing additional water and sanitary sewer components on the Property to provide water and sanitary sewer services to the Property, which will require Grantor to grant to Grantee additional easements. Grantor has a continuing obligation to provide Grantee with easements for such additional water and sanitary sewer components at no cost to Grantee. TERMS 1.Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted 172 2 in the Plat of Easement, which is attached as Exhibit B and Exhibit C and made part of this Agreement, and legally described in Exhibit B and Exhibit C (“Easement Area”). 2.Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing water and sanitary sewer system components (“Grantee Components”) to provide water and sanitary sewer services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. As the water and sanitary sewer systems are designed and installed upon the Property, Grantor will timely provide to Grantee the easements needed at no additional cost to Grantee. Grantor shall be responsible for the preparation and cost of any required Plats of Easement and legal descriptions required. Said easements shall be memorialized using the easement template, as modified for Water and Sanitary Sewer uses, approved by Grantor and Grantee staff on October 26, 2023, unless Grantor and Grantee mutually agree otherwise. 3.Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4.Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5.Liability. a.Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b.Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c.Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d.Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 173 3 6.Consideration. Grantee’s use of the Grantee Components to provide water and sanitary sewer services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 7.Obstructions. Grantor shall have the right to place grass or comparable ground cover, plantings, bushes, trees, sidewalks, parking lots, or driveways within the Easement Area. If Grantor desires to erect or place within the Easement Area any building or other structure or improvement (“Grantor Improvement”) and the Grantor Improvement will, in the reasonable judgment of the Municipal Engineer, materially adversely affect the operation of the Grantee Components or Grantee’s access to the Grantee Components, Grantor may erect or place such Grantor Improvement within the Easement Area provided the Easement Area is first relocated as set forth in paragraph 10(b). 8.Restoration. Immediately following construction, reconstruction, or repair work by Grantee within the Easement Area, weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work, at Grantee’s sole cost. 9.Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 10.Relocation. a.Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. b.Grantor and Grantee shall confer and establish a relocation plan that minimizes disruptions to Grantee’s water and sanitary sewer system and Grantor’s future land use and minimizes relocation costs. Grantor shall be responsible for the costs and other responsibilities for relocating the Grantee Components and Easement Area, as provided in the CYTOWN Development Area Construction, Utilities, Traffic, and Related Services Memorandum of Understanding between Iowa State University and the City of Ames, Iowa, approved on _________________ and recorded as Instrument No. __________________. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement or terminate this Agreement and execute a new agreement to identify the new easement area. 11.Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 12.Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 174 Grantor and Grantee execute this Water and Sanitary Sewer Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. Notary Public My Commission expires: CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. Notary Public My commission expires: 175 SHEET OF 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 V:\RefLibrary\CADDStandards\WorkSpace\Standards\Printing\Pen_Tables\date.tbl V8iBWHalfWeightPDF.pltcfg Default ericmiller 12/19/2023 V:\Projects\2022\122.0768.01\CADD\EXHBT_1220768_BNDRY.dgn PN: DATE: PM/TECH: FLD BK:PG: 1220768 EJM/SDB CYTOWN DEVELOMENT AREA 1,493.03' 90.95' C-1 394.64' C-2 474.60' 10.00' 319.24' 1,814.81' 2,23 8 .60 ' 1 1 JACK TRICE WAY UN IVERSITY BO U LE VA RD 12/15/23 38881A 0 SCALE (FEET) 300 Beginning Point of 2,626.44' CURVE TABLE CURVE NO.DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE N00 °29 '25 "W 26 3 9 .39 ' LINCOLN WAY BEACH AV ENU E PROPERTY DESCRIPTION: (3,885,520 SF) 89.20 AC 66 .00 ' ROW M&R ROW VA RIES 75.00' 1/2 ROW M&R C-1 C-2 2,371.83' 1,829.86' DATE OF SURVEY AUGUST 16, 2023 33.00' EXHIBIT DRAWING CYTOWN DEVELOPMENT AREA SEC 10-83-24SW1/4, NW1/4 SEC 10-83-24SE1/4, NW1/4 SEC 10-83-24NE1/4, NW1/4 Corner Cert. Inst No. 2021-13163 Fnd Cut "X" Sec. 10-83-24 W 1/4 Corner 96-00365 Inst No. Corner Cert. Fnd Cut "X" Sec. 10-83-24 N 1/4 Corner 2008-00011771 Inst. No. Corner Cert Fnd Cut "X" Sec. 10-83-24 NW Corner SEC 10-83-24NW1/4, NW1/4 537.80'270.06' 487.64'245.27' DEVELOPMENT AREA CYTOWN PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. LINE, 2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES (3,885,520 S.F.). RIGHT-OF-WAY EAST SAID ALONG WEST 0°29'25" NORTH THENCE AVENUE; BEACH OF LINE RIGHT-OF-WAY EAST SAID TO FEET 1,814.81 WEST, 89°21'08" SOUTH THENCE FEET; 319.24 LINE, RIGHT-OF-WAY WEST SAID ALONG CONTINUING EAST 00°45'26" SOUTH THENCE FEET; 10.00 LINE, RIGHT-OF-WAY WEST SAID ALONG CONTINUING WEST 89°14'34" SOUTH THENCE FEET; 474.60 LINE, RIGHT-OF-WAY WEST SAID ALONG CONTINUING EAST 00°45'26" SOUTH THENCE FEET; 486.20 EAST, 08°23'30" SOUTH BEARS CHORD WHOSE AND FEET 487.64 IS LENGTH ARC WHOSE FEET, 1,829.86 IS RADIUS WHOSE WESTERLY CONCAVE CURVE A ALONG AND LINE RIGHT-OF-WAY WEST SAID ALONG CONTINUING SOUTHERLY THENCE FEET; 394.64 LINE, RIGHT-OF-WAY WEST SAID ALONG CONTINUING EAST 16°01'34" SOUTH THENCE FEET; 536.65 EAST, 09°31'49" SOUTH BEARS CHORD WHOSE AND FEET 537.80 IS LENGTH ARC WHOSE FEET, 2,371.83 IS RADIUS WHOSE EASTERLY CONCAVE CURVE A ALONG AND LINE RIGHT-OF-WAY WEST SAID ALONG SOUTHEASTERLY THENCE ; FEET 90.95 LINE, RIGHT-OF-WAY WEST SAID ALONG EAST 52°36'24" SOUTH THENCE BOULEVARD; UNIVERSITY OF LINE RIGHT-OF-WAY WEST THE TO FEET 1,493.03 LINE, RIGHT-OF-WAY SOUTH SAID ALONG EAST 89°17'01" NORTH THENCE BEGINNING; OF POINT THE TO AND AVENUE BEACH OF LINE RIGHT-OF-WAY EAST THE TO FEET 33.00 LINE, RIGHT-OF-WAY SOUTH SAID ALONG EAST 01" 89°17' NORTH THENCE WAY; LINCOLN OF LINE RIGHT-OF-WAY SOUTH THE TO FEET 75.00 OF DISTANCE A 1/4, NORTHWEST SAID OF LINE WEST THE ALONG EAST 00°29'25" SOUTH THENCE 10; SECTION SAID OF CORNER NORTHWEST THE AT COMMENCING COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STORY AMES, OF CITY P.M., 5TH THE OF WEST 24 RANGE NORTH, 83 TOWNSHIP 10, SECTION OF 1/4 NORTHWEST THE OF PART A EXHIBIT A 176 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT WATER MAIN EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_WATR_EASE.dwg EASEMENT PLAT DATE OF SURVEY 11-30-2022 SHEET 1 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 WATER MAIN EASEMENT DESCRIPTION EASEMENT AREA (a) A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 89°09'20" EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4, A DISTANCE OF 612.01 FEET; THENCE NORTH 0°50'40" WEST, 291.32 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°55'48" WEST, 68.01 FEET; THENCE NORTH 44°19'19" EAST, 260.51 FEET; THENCE NORTH 0°40'41" WEST, 48.27 FEET; THENCE SOUTH 89°19'19" WEST, 14.52 FEET; THENCE NORTH 0°40'41" WEST, 20.00 FEET; THENCE NORTH 89°19'19" EAST, 14.52 FEET; THENCE NORTH 0°40'41" WEST, 384.54 FEET; THENCE NORTH 89°19'19" EAST, 20.00 FEET; THENCE SOUTH 0°40'41" EAST, 42.04 FEET; THENCE NORTH 89°19'19" EAST, 395.50 FEET; THENCE NORTH 0°40'41" WEST, 42.03 FEET; THENCE NORTH 89°19'19" EAST, 20.00 FEET; THENCE SOUTH 0°40'41" EAST, 499.72 FEET; THENCE SOUTH 45°40'41" EAST, 57.28 FEET; THENCE SOUTH 0°40'41" EAST, 162.97 FEET; THENCE SOUTH 89°09'38" WEST, 20.00 FEET; THENCE NORTH 0°40'41" WEST, 154.74 FEET; THENCE NORTH 45°40'41" WEST, 57.28 FEET; THENCE NORTH 0°40'41" WEST, 74.50 FEET; THENCE SOUTH 89°19'19" WEST, 54.00 FEET; THENCE NORTH 0°40'41" WEST, 20.00 FEET; THENCE NORTH 89°19'19" EAST, 54.00 FEET; THENCE NORTH 0°40'41" WEST, 351.47 FEET; THENCE SOUTH 89°19'19" WEST, 395.50 FEET; THENCE SOUTH 0°40'41" EAST, 399.06 FEET; THENCE SOUTH 44°19'19" WEST, 260.26 FEET; THENCE SOUTH 01°55'48" EAST, 59.88 FEET; THENCE SOUTH 89°15'49" WEST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.90 ACRES (39,306 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. EASEMENT AREA (b) A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10; THENCE SOUTH 0°33'29" EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4, A DISTANCE OF 87.36 FEET; THENCE SOUTH 89°26'31" WEST, 777.43 FEET TO THE POINT OF BEGINNING AND TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 1829.86 FEET, WHOSE ARC LENGTH IS 20.04 FEET AND WHOSE CHORD BEARS SOUTH 04°04'04" EAST, 20.04 FEET; THENCE SOUTH 89°19'19" WEST, 345.26 FEET; THENCE NORTH 0°40'41" WEST, 20.00 FEET; THENCE NORTH 89°19'19" EAST, 344.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.16 ACRES (6,894 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC J. MILLER SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 ERICMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: S1/2 NW1/4 SECTION 10-83-24 REQUESTED BY: IOWA STATE UNIVERSITY LEGEND FEATURES FOUND SET Section Corner 1/2" Rebar, Cap # 19515 w/Orange Plastic Cap (Unless Otherwise Noted) ROW Marker ROW Rail Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line Eric J. Miller, PLS Date License Number 19515 My License Renewal Date is December 31, 2022 Pages or sheets covered by this seal: ERIC J. MILLER 19515 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Sheets 1 and 2 of 2 OWNER IOWA STATE UNIVERSITY 1350 BEARDSHEAR HALL AMES, IA 50011 BASIS OF BEARING EASEMENT AREA (a): THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR NORTH 89°09'20" EAST FOR THE PURPOSE OF THIS SURVEY. EASEMENT AREA (b) THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR SOUTH 0°33'29" EAST FOR THE PURPOSE OF THIS SURVEY. EXHIBIT B 177 JA C K T R I C E W A Y UNIVERSITY BLVD 61 2 . 0 1 ' N0°50'40"W 291.32' N8 9 ° 1 9 ' 1 9 " E 3 9 5 . 5 0 ' S8 9 ° 1 9 ' 1 9 " W 3 9 5 . 5 0 ' N1°55'48"W 68.01' N44 ° 1 9 ' 1 9 " E 260 . 5 1 ' N0°40'41"W 384.54' S0°40'41"E 499.72' S45°40'41"E 57.28' S0°40'41"E 162.97' S89°09'38"W 20.00' N0°40'41"W 154.74' N45°40'41"W 57.28' N0°40'41"W 74.50' N0°40'41"W 351.47' S44 ° 1 9 ' 1 9 " W 260 . 2 6 ' N0°40'41"W 48.27' S0°40'41"E 399.06' N89°19'19"E 20.00' S0°40'41"E 42.04' N0°40'41"W 42.03' N89°19'19"E 20.00' N89°19'19"E 54.00' N0°40'41"W 20.00'S89°19'19"W 54.00' Point Of Beginning (a) S1°55'48"E 59.88' 20' Water Main Easement (a) N8 9 ° 0 9 ' 2 0 " E 2 6 2 8 . 8 4 ' 20' Water Main Easement (b) S8 9 ° 1 9 ' 1 9 " W 34 5 . 2 6 ' N8 9 ° 1 9 ' 1 9 " E 34 4 . 0 7 ' N0°40'41"W 20.00' S8 9 ° 2 6 ' 3 1 " W 77 7 . 4 3 ' C1 Point Of Beginning (b) R.O.W. Varies (Book 140, Page 196) PT. S1/ 2 N W 1 / 4 SECTIO N 1 0 - 8 3 - 2 4 S89°15'49"W 20.00' Center Section 10-83-24 Found 60D Spike Instrument No. 2013-00014488 NE Corner SE1/4 NW1/4 Section 10-83-24 Found 1/2" Smooth Bar Instrument No. 2013-00014487 S0°33'29"E 1311.25' 87.36' W1/4 Corner Section 10-83-24 Found 1/2" Rebar With Orange Plastic Cap # 19515 Instrument No. 2021-13163 L1 L2 L3 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT WATER MAIN EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_WATR_EASE.dwg SHEET 2 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 EASEMENT PLAT FEET 0 200 LINE TABLE LINE # L1 L2 L3 LENGTH (FT) 14.52 20.00 14.52 DIRECTION S89° 19' 19"W N00° 40' 41"W N89° 19' 19"E CURVE TABLE CURVE NO. C1 Δ 0°37'38" RADIUS 1829.86' ARC LENGTH 20.04' TANGENT 10.02' CHORD BEARING/LENGTH S4°04'04"E 20.04' 178 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT SANITARY SEWER EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_SAN_EASE.dwg EASEMENT PLAT DATE OF SURVEY 11-30-2022 SHEET 1 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 SANITARY SEWER EASEMENT DESCRIPTION EASEMENT AREA (a) A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10; THENCE SOUTH 0°33'29" EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4, A DISTANCE OF 393.28 FEET; THENCE SOUTH 89°19'19" WEST, 598.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 38°52'24" EAST, 174.59 FEET; THENCE NORTH 74°20'11" EAST, 28.24 FEET; THENCE SOUTH 15°39'49" EAST, 30.00 FEET; THENCE SOUTH 74°20'11" WEST, 48.02 FEET; THENCE NORTH 38°52'24" WEST, 179.80 FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE NORTH 0°45'26" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, 30.00 FEET; THENCE NORTH 89°19'19" EAST, 14.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.15 ACRES (6,679 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. EASEMENT AREA (b) A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10; THENCE SOUTH 0°33'29" EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4, A DISTANCE OF 393.28 FEET; THENCE SOUTH 89°19'19" WEST, 772.71 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF BEGINNING; THENCE SOUTH 0°45'26" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 30.00 FEET; THENCE SOUTH 89°19'19" WEST, 639.91 FEET; THENCE SOUTH 10°40'56" WEST, 256.55 FEET; THENCE SOUTH 0°40'41" EAST, 62.71 FEET; THENCE SOUTH 89°19'19" WEST, 365.25 FEET; THENCE NORTH 0°40'41" WEST, 79.21 FEET; THENCE NORTH 89°19'19" EAST, 337.96 FEET; THENCE NORTH 10°40'56" EAST, 256.55 FEET; THENCE NORTH 0°40'41" WEST, 98.72 FEET; THENCE NORTH 89°19'19" EAST, 30.00 FEET; THENCE SOUTH 0°40'41" EAST, 85.21 FEET; THENCE NORTH 89°19'19" EAST, 637.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.35 ACRES (58,748 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC J. MILLER SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 ERICMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: S1/2 NW1/4 SECTION 10-83-24 REQUESTED BY: IOWA STATE UNIVERSITY LEGEND FEATURES FOUND SET Section Corner 1/2" Rebar, Cap # 19515 w/Orange Plastic Cap (Unless Otherwise Noted) ROW Marker ROW Rail Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line Eric J. Miller, PLS Date License Number 19515 My License Renewal Date is December 31, 2022 Pages or sheets covered by this seal: ERIC J. MILLER 19515 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Sheets 1 and 2 of 2 OWNER IOWA STATE UNIVERSITY 1350 BEARDSHEAR HALL AMES, IA 50011 BASIS OF BEARING THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR SOUTH 0°33'29" EAST FOR THE PURPOSE OF THIS SURVEY. EXHIBIT C 179 30' Sanitary Sewer Easement (b) Point Of Beginning (a) R.O.W. Varies (Book 140, Page 196) PT. S1/ 2 N W 1 / 4 SECTIO N 1 0 - 8 3 - 2 4 Point Of Beginning (b) UNIVERSITY BLVD JA C K T R I C E W A Y S8 9 ° 1 9 ' 1 9 " W 1 4 0 9 . 8 7 ' 59 8 . 1 0 ' 16 0 . 0 0 ' M & R 63 7 . 1 6 ' 14.61' S0°45'26"E 30.00' S8 9 ° 1 9 ' 1 9 " W 6 3 9 . 9 1 ' S10°40'56"W 256.55' S0°40'41"E 62.71' S8 9 ° 1 9 ' 1 9 " W 3 6 5 . 2 5 ' N0°40'41"W 79.21' N8 9 ° 1 9 ' 1 9 " E 3 3 7 . 9 6 ' N10°40'56" E 256.55'N0°40'41"W 98.72' N89°19'19"E 30.00' S0°40'41"E 85.21' 14.61' Center Section 10-83-24 Found 60D Spike Instrument No. 2013-00014488 NE Corner SE1/4 NW1/4 Section 10-83-24 Found 1/2" Smooth Bar Instrument No. 2013-00014487 393.28' S0°33'29"E 1311.25' POB (a) 59 8 . 1 0 ' S38 ° 5 2 ' 2 4 " E 1 7 4 . 5 9 ' N38 ° 5 2 ' 2 4 " W 1 7 9 . 8 0 ' L1 L2 L3 UNIVERSITY BLVD L4 L5 30' Sanitary Sewer Easement (a) 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT SANITARY SEWER EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_SAN_EASE.dwg SHEET 2 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 EASEMENT PLAT FEET 0 200 SEE DETAIL "A" DETAIL "A" LINE TABLE LINE # L1 L2 L3 L4 L5 LENGTH (FT) 28.24 30.00 48.02 30.00 14.61 DIRECTION N74° 20' 11"E S15° 39' 49"E S74° 20' 11"W N00° 45' 26"W N89° 19' 19"E 180 Template B: City Equipment Already Installed (October 2023) Legal Description: See Exhibit B Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT CYTOWN DEVELOPMENT AREA This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on June 13, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A.The State of Iowa holds title to the certain real property locally known as the CYTown Development Area located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa as depicted in Exhibit A, which is attached and made part of this Agreement, and legally described in Exhibit A (“Property”). B.Grantee has installed electric distribution system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement.’ C.Grantor acknowledges that Grantee will be installing additional electrical components on the Property to provide electrical services to the Property, which will require Grantor to grant to Grantee additional easements. Grantor has a continuing obligation to provide Grantee with easements for such additional electric distribution components at no cost to the Grantee. TERMS 1.Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Plat of Easement, which is attached as Exhibit B and made part of this Agreement, and legally described in Exhibit B (“Easement Area”). 181 2 2.Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. As the electric distribution system is designed and installed upon the Property, Grantor will timely provide to Grantee the easements needed at no additional cost to Grantee. Grantor shall be responsible for the preparation and cost of any required Plats of Easement and legal descriptions required. Said easements shall be memorialized using the easement template approved by Grantor and Grantee staff on October 26, 2023, unless Grantor and Grantee mutually agree otherwise. 3.Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4.Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5.Liability. a.Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b.Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d.Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 6. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8.Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee 182 3 shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement or terminate this Agreement and execute a new agreement to identify the new easement area. 9.Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 10.Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 183 4 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 184 CYTOWN DEVELOPMENT AREA PROPERTY DESCRIPTION: A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 00 °29'25" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY; THENCE NORTH 89°17' 01" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF BEGINNING; THENCE NORTH 89°17'01" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1,493.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD; THENCE SOUTH 52°36'24" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.95 FEET ; THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET, WHOSE ARC LENGTH IS 537.80 FEET AND WHOSE CHORD BEARS SOUTH 09°31'49" EAST, 536.65 FEET; THENCE SOUTH 16°01'34" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 394.64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.86 FEET, WHOSE ARC LENGTH IS 487.64 FEET AND WHOSE CHORD BEARS SOUTH 08°23'30" EAST, 486.20 FEET; THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 474.60 FEET; THENCE SOUTH 89°14'34" WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 10.00 FEET; THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 319.24 FEET; THENCE SOUTH 89°21'08" WEST, 1,814.81 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE; THENCE NORTH 0°29'25" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, 2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES (3,885,520 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. N 1/4 Corn er S e c��0-�3-n2e4\ Fnd Cut "X" Corn er C ert Inst. No. 2008-00011771 .e--LINCOLN WAY S e c. 10-83-24 \ Fnd Cut "X" Corn er C ert. Inst No. 96-00365 _N 89 ° 17' 0 1" E _ 2 ,626.44' - - - �� � �9"2�'E B�;□,�, Ql" E �.��0 3 1��' ROW M&R i N89 °17'0 1"E 33.00 ' I p . t f s 52 ° 36' 24", E , B��n�ing 90.95' I I . . I I . . I I . . 1 ��\, 4, �t;!,t4 I slC \O I • S16 °01'34"E I O 394.64' I c.o� I,., CYTOWN O"l w ' N DEVELOPMENT AREA I : ::JO:'.'. I 89.20 AC ;:2 ifi � N (3,885,520 SF) , � ii ;I �0---------------------------+!--------\ �> � S0 °45'26"E , I 474.60' WC/)z ::::)� I �w . I g;; I >-50:'.'. • ��\, 4 I I-I s�\/ 4, -<r//24 S89 °14'34"W en slC \C) i 10.00' i ffi\ 1· S 0 °45'26" E � I . 319_24• ::::) s 89 ° 21' 08" w 1,814.81' i JACK TRICE WAY • � . I �[ ___________________ i -- - - - -� - �w 1/ 4 Corn er S e c. 10-83-24 DATE OF SURVEY AUGUST 16, 2023 Fnd Cut "X" Corn er C ert. Inst No. 2021-13163 0 300 CURVE TABLE CURVE NO. DEL TA C-1 12°59'29"L T C-2 15°16'08"RT RADIUS ARC LENGTH TANGENT 2,371.83' 537.80' 270.06' 1,829.86' 487.64' 245.27' CHORD BEARING/DISTANCE S9°31'49"E 536.65' S8°23'30"E 486.20· � SCALE <FEETJ CYTOWN DEVELOMENT AREA SHEET 1 OF 1 1------------------------------------------lPN: 1220768f-E_X_H_IB_ I_T_D_RA_W_IN_G ________________________ ----1FLDBK:881A PG:38 5 S N Y D E R 2727 s.w. SNYDER BLVD.DATE: 12/15/23& ASSO c IAT Es ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/SDB �\i::��r!�,J�:��ards\WorkSpace\StaidO'"ds\Printing\Pen_Tables\date.lbl Default V:\Projects\2022\122.0768.01\CAD0\EXHBT _ 1220768 -,��i���g ericmiller EXHIBIT A 185 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT PUBLIC UTILITY EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_PUE_EASE.dwg EASEMENT PLAT DATE OF SURVEY 11-30-2022 SHEET 1 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 PUBLIC UTILITY EASEMENT DESCRIPTION A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10; THENCE NORTH 89°09'20" EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4, A DISTANCE OF 1157.28 FEET; THENCE NORTH 0°40'41" WEST, 213.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0°40'41" WEST, 123.87 FEET; THENCE NORTH 89°19'19" EAST, 67.11 FEET; THENCE NORTH 0°40'41" WEST, 265.76 FEET; THENCE SOUTH 89°19'19" WEST, 449.50 FEET; THENCE NORTH 0°40'41" WEST, 354.24 FEET; THENCE NORTH 89°19'19" EAST, 20.00 FEET; THENCE SOUTH 0°40'41" EAST, 334.24 FEET; THENCE NORTH 89°19'19" EAST, 449.50 FEET; THENCE SOUTH 0°40'41" EAST, 305.76 FEET; THENCE SOUTH 89°19'19" WEST, 67.11 FEET; THENCE SOUTH 0°40'41" EAST, 103.87 FEET; THENCE SOUTH 89°19'19" WEST, 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.58 ACRES (25,210 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC J. MILLER SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, IOWA 50023 515-964-2020 ERICMILLER@SNYDER-ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: S1/2 NW1/4 SECTION 10-83-24 REQUESTED BY: IOWA STATE UNIVERSITY LEGEND FEATURES FOUND SET Section Corner 1/2" Rebar, Cap # 19515 w/Orange Plastic Cap (Unless Otherwise Noted) ROW Marker ROW Rail Platted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Centerline Section Line 1/4 Section Line 1/4 1/4 Section Line Easement Line Eric J. Miller, PLS Date License Number 19515 My License Renewal Date is December 31, 2022 Pages or sheets covered by this seal: ERIC J. MILLER 19515 AIOW LICENSEDPROFESSIONAL LANDSURVEYOR I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Sheets 1 and 2 of 2 OWNER IOWA STATE UNIVERSITY 1350 BEARDSHEAR HALL AMES, IA 50011 BASIS OF BEARING THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR NORTH 89°09'20" EAST FOR THE PURPOSE OF THIS SURVEY. EXHIBIT B 186 Point Of Beginning PT. S1/ 2 N W 1 / 4 SECTIO N 1 0 - 8 3 - 2 4 N89°09'20"E 2628.84' 1157.28' N0 ° 4 0 ' 4 1 " W 3 3 7 . 2 4 ' 21 3 . 3 7 ' JACK TRICE WAY 20' Public Utility Easement 12 3 . 8 7 ' N89°19'19"E 67.11' N0 ° 4 0 ' 4 1 " W 2 6 5 . 7 6 ' S0 ° 4 0 ' 4 1 " E 3 0 5 . 7 6 ' S89°19'19"W 449.50' N89°19'19"E 449.50' N0 ° 4 0 ' 4 1 " W 3 5 4 . 2 4 ' S0 ° 4 0 ' 4 1 " E 3 3 4 . 2 4 ' N89°19'19"E 20.00' S89°19'19"W 67.11' S0°40'41"E 103.87' S89°19'19"W 20.00' Center Section 10-83-24 Found 60D Spike Instrument No. 2013-00014488 W1/4 Corner Section 10-83-24 Found 1/2" Rebar With Orange Plastic Cap # 19515 Instrument No. 2021-13163 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 CYTOWN PROJECT PUBLIC UTILITY EASEMENT V:\Projects\2022\122.0768.01\CADD\1220768_PUE_EASE.dwg SHEET 2 OF 2 PN: 122.0768.01 DATE: 12/01/2022 PM/TECH: EJM/AJD T-R-S:83N-24W-10 EASEMENT PLAT FEET 0 100 187 ITEM #:50 DATE:05-14-24 DEPT:CMO SUBJECT:AMES ECONOMIC DEVELOPMENT COMMISSION 2024/25 FUNDING CONTRACT COUNCIL ACTION FORM BACKGROUND: The FY 2024/25 adopted City budget includes funds for the Ames Economic Development Commission (AEDC) to conduct economic development activities on behalf of the City. This agreement provides $175,000 to the AEDC in exchange for two main services: $115,000 of this amount purchases business recruitment and marketing services, and the remaining $60,000 continues funding the services of the City Business Development Coordinator, who is expected to provide guidance to prospective businesses and developers as they navigate the development process. The first service focuses on recruitment and marketing. In this capacity, the AEDC serves as the lead contact for business representatives looking to locate or expand in Ames. Among other responsibilities, the AEDC will visit annually with major companies to understand existing challenges and opportunities and serve as the primary marketing agency for the community showcasing Ames as a great place to do business. Payment for these services is a reimbursement process based on supporting documentation. The second service focuses on the responsibilities of the jointly funded Business Development Coordinator. This position is intended to assist small or new businesses locating or expanding in Ames, guides developers through various government approval processes, regularly updates the City Manager regarding project progress, and maintains a current list of active projects. Other responsibilities include assisting the minority-owned business community, developing communication pieces, and implementing an aggressive marking plan targeting specific businesses and promoting specific manufacturing and distribution facilities. Payment for these services is made twice annually as long as the position remains filled by an identified employee. There are no changes to the scope of services of the proposed agreement compared to the FY 2023/24 version of this agreement. This contract does not include funding designated for economic development activities awarded through the outside funding request grant process. Through that process, the Council has allocated $15,000 in workforce development funds to the AEDC for FY 2024/25. ALTERNATIVES: 1. Approve the attached Ames Economic Development Commission agreement for FY 2024/25. 2. Approve the attached Ames Economic Development Commission agreement with modifications for FY 2024/25. 2. Do not approve the Ames Economic Development Commission agreement for FY 2024/25. 188 CITY MANAGER'S RECOMMENDED ACTION: The City Council has allocated funds in the FY 2024/25 City Budget for economic development activities. Rather than create our own economic development capacity, the City Council has historically contracted with AEDC to conduct these activities on behalf of the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): City of Ames Report (May 2024).pdf AEDC Contract FY24_25 Contract Only.pdf 189 www.AmesChamber.com www.AmesEDC.com Prepared for the Ames City Council Meeting on May 14, 2024 190 The Illinois-based agriculture company, Wyffels Hybrids, broke ground in 2023 on their new warehouse and distribution center in the Prairie View Industrial Center on the east side of Ames. Wyffels Hybrids plans to begin shipping from the Iowa site in the spring of 2024. PROJECT EXPANSION In January 2024, Pivot Bio held a ribbon cutting event that marked the official opening of their new state-of-the-art facility in the heart of the Iowa State University Research Park. The 36,000 square foot building is now home to hands-on demonstrations, technical training, and personalized support with their customer service team. Pivot Bio provides farmers with a reliable source of nitrogen for their corn, wheat, sorghum, and other small grain crops. 3M announced in 2023 their plan to expand its production facility in Ames. A longstanding, quality corporate citizen in the market since 1970, having expanded the facility numerous times over the years, they formally announced in August a $13 million expansion and the increase of another twenty-five meaningful employment opportunities. Here are a few highlights of notable expansion projects from over the past year. In December 2023, the Enhance Iowa Board awarded a $500,000 CommunityAttraction and Tourism (CAT) grant for the Fitch Family Indoor Aquatic Center.Construction on the $32 million amenity began in spring 2024. 191 EVENTS Inter-City Visit 2023 Women in Leadership Ukraine Workforce Workshop Symposium The past year has provided increased opportunities for the Ames Chamber of Commerce to actively engage in networking opportunities, including: Washington D.C. Fly-In InterCity Visit Symposium on Building Inclusive Organizations Women in Leadership Ukraine Workforce Workshop Veteran’s Network RAGBRAI - The party of the year took place in July when the Register’s Annual Great Ride Across Iowa stopped overnight in Ames. In the evening, Main Street was packed with riders and community members as Hairball took the stage for the evening entertainment. 100K+ 2,408 826 WebsiteSearches RegisteredJob Seekers RegisteredEmployees Traction magazine is a quarterly publication from the Ames Chamber of Commerce with a distribution of nearly 21,000 across the 50010 and 50014 area codes. It is a primary channel to tell vibrant stories about economic development and small business successes in the Ames area. EXPANDED STORYTELLING 192 Dan Culhane President & CEO dan@ameschamber.com In the summer of 2023, a Short-Term Housing Taskforce was created that included community leaders and private developers, in partnership with the City of Ames. The Taskforce identified opportunities and barriers in creating new housing of all types in the Ames community at prices that are attainable for a wide demographic. The goal was to create recommendations that will serve as a catalyst to more housing starts in a short-term window of time and will assist in meeting the housing goals targeted in the Ames 2040 Plan. U.S. Census data from 2021 indicates that 22,760 people come into Ames every day to go to work. At the same time, 11,091 people live in Ames and leave to go to work somewhere else. Think about how much different Ames would be, and the additional amenities and services we would need, if a small percentage of the 22,760 people that come to work here every day, lived here. THANK YOU U.S. Census Data: Thank you to the Ames City Council, and leadership across the City of Ames for considering and implementing the housing ideas and strategies from the Taskforce, notably the newly approved tax abatement program. We believe that this has the potential to move the community closer to meeting or exceeding the housing targets identified in the 2040 Plan. 193 CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES THIS AGREEMENT, made and entered into the 1st day of July, 2024, by and between the CITY OF AMES, IOWA, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter called "City") and the Ames Economic Development Commission, an adjunct of the Ames Chamber of Commerce (hereinafter called the AEDC); WITNESSETH THAT: WHEREAS, the City of Ames desires to purchase certain services from said organization in lieu of hiring additional permanent staff and expending additional City funds to accomplish these services; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I PURPOSE The purpose of this Agreement is to procure for the City and its citizens certain economic development-related services as hereinafter described and set out; to establish the methods, procedures, terms and conditions governing payment by the City of Ames for such services; and, to establish other duties, responsibilities, terms and conditions mutually undertaken and agreed to by the parties hereto in consideration of the services to be performed and monies paid. II SCOPE OF SERVICES A. In consideration for the payment of $115,000 in accordance with Section III, the AEDC shall provide the following economic development-related services to the City of Ames and its citizens during the term of this agreement: 1. The AEDC will serve as the lead contact for business representatives hoping to locate in Ames or to expand in our community. In this capacity the President of the AEDC will respond to information requests, coordinate the completion and submittal of state and local incentive applications, and show available industrial and commercial sites to prospects. 2. The AEDC will visit annually with all major companies to identify challenges and opportunities facing Ames businesses. 3. The AEDC will serve as the primary marketing entity for business recruitment to highlight Ames. 4. The AEDC will deploy an aggressive marketing campaign that will focus on targeted industries such as ag-biotechnology and advanced manufacturing businesses that do not overtax our infrastructure. 5. The AEDC will invest in significantly revising its marketing materials including website, brochures, and proposal packets to better reflect the image of Ames as a great place to do business. 194 B. In consideration for the payment of $60,000 in accordance with Section III, the AEDC shall provide the following economic development marketing and liaison services related to the City of Ames and its citizens during the term of this agreement by maintaining a jointly funded Business Development & Marketing position to carry out the following duties and tasks: 1. Focus on the development of “small” or new businesses start-ups in the retail, commercial, and industrial sectors by: a) assisting with the recruitment and/or expansion of these types of businesses in the community; b) assisting entrepreneurs as they navigate through the various City, State, and Federal approval processes; and c) assisting entrepreneurs in obtaining the services available through the Small Business Development Center. 2. Serve as the Economic Development Liaison for the City of Ames. This position will provide assistance and guidance on project requirements as developers and clients move through the City’s approval process. The position will ensure all required steps are completed, advocate for the process, and advise on the rationale behind the requirements. The Liaison will have regular communication with the City Manager on project progress. 3. Create and develop strategies to engage and assist the Minority-Owned business community. Maintain accurate data on the Minority-Owned businesses and provide support to those interested in starting a business by connecting them to various local, state, and federal agencies. 4. Provide input on communication pieces that will highlight the efforts of the AEDC and the City of Ames related to the positive developments in the community where the City and/or the AEDC have played an integral role. 5. Implement an aggressive marketing plan focused on targeted industries that dovetail with the competencies of Iowa State University related to food and nutrition technology, plant biotechnology, information technology, and animal science. These efforts should not be limited to the aforementioned, as the AEDC service territory includes site options for advanced manufacturing and distribution facilities. 6. Maintain frequent communication with stakeholders such as the Iowa Department of Economic Development, Alliant Energy, Iowa State University, and partners of the Ames-Des Moines Corridor. 7. Maintain a current list of active projects via the AEDC’s internal project tracking system. 8. Maintain a current list of consultants and site selectors, for periodic mailings and contacts in various markets, so that the AEDC has a fresh list to choose from when visiting various locations around the U.S. 9. Review and analyze potential recipients of assistance from various economic development incentive offering entities. 10. Assist other AEDC/Ames Chamber of Commerce staff in responding to inquiries and working with economic development prospects, consultants, and supplier contacts, as needed. 11. Provide input into the overall plan of the AEDC and assist in its implementation where appropriate. 12. Provide an Ames customized Business Retention & Expansion (BRE) report to the City on an annual basis both electronically and in paper form which highlights the overall health of various employers. 13. Provide a customized digital “Quarterly Economic Report” on Ames to the City Manager that highlights key economic indicators. 14. The position will be supervised by the President and CEO of the Ames Economic Development Commission with performance feedback provided by the Ames City Manager. 195 III METHOD OF PAYMENT A. All payments to be made by the City of Ames pursuant to Section II.A of this Agreement shall be reimbursement for actual costs incurred by AEDC in providing services required by Section II.A above. Payments made by the City of Ames pursuant to Section II.B of this Agreement shall be made in advance of services provide per terms in section III B of this Agreement. B. The City will disburse payments twice annually on requisitions of the AEDC in January and July of each year. Requisitions for services pursuant to Section II.A will be on a reimbursement basis and reflect cost for delivery of services for the prior six months. Requisitions for services pursuant to Section II.B will be one-half ($30,000) of the City’s annual contribution for the jointly funded position and paid in advance. If the jointly held position is vacant for more than 30 days, AEDC will provide the City with a pro-rata refund for the payment made in advance. Requisitions for disbursement shall be made in such form and in accordance with such procedures as the Director of Finance for the City shall prescribe. Said form shall include, but not be limited to, an itemization of the nature and amount of costs for which reimbursement is requested, and must be filled out completely. C. The maximum total amount payable by the City of Ames under this agreement is $175,000 as detailed in the SCOPE OF SERVICES (Section II of this contract), and no greater amount shall be paid. IV FINANCIAL ACCOUNTING AND ADMINISTRATION A. All monies disbursed under this Agreement shall be accounted for by the accrual method of accounting. B. Monies disbursed to AEDC by the City will be deposited by AEDC in an account under the AEDC’s name, with a bank located in Story County, Iowa. All checks drawn on the said account shall bear a memorandum line on which the drawer shall note the nature of the costs for which the check is drawn in payment, and the program(s) of service. C. All costs for which reimbursement is claimed shall be supported by documentation evidencing in proper detail the nature and propriety of the charges. All checks or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified as such and readily accessible for examination and audit by the City or its authorized representative. D. All records shall be maintained in accordance with procedures and requirements as established by the City Finance Director, and the City Finance Director may, prior to any disbursement under this Agreement, conduct a pre-audit of record keeping and financial accounting procedures of the AEDC for the purpose of determining changes and modifications necessary with respect to accounting for funds made available hereunder. All records and documents required by this Agreement shall be maintained for a period of three (3) years following final disbursement by the City. E. At such time and in such form as the City may require, there shall be furnished to the City such statements, records, reports, data, and information as the City may require with respect to the use made of monies disbursed hereunder. F. At any time during normal business hours, and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement and AEDC will permit the City to audit, examine, and make excerpts or transcripts from such records. 196 V REPRESENTATION ON THE BOARD OF DIRECTORS It is agreed that the City of Ames will be guaranteed three representatives on the AEDC Board of Directors (two City Council members appointed by the Mayor, and the City Manager). Furthermore, the City Manager will be guaranteed membership on the Executive Committee of the Board of Directors. VI SUMMARY REPORT The AEDC further agrees to provide the City of Ames a written report no later than June 15, 2025, summarizing the accomplishments of the activities promised in Section II. VII DURATION This Agreement shall be in full force and effect from and after July 1, 2024, until June 30, 2025. VIII 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 the 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 AMES ECONOMIC DEVELOPMENT COMMISSION BY______________________________ Daniel A. Culhane, President/CEO 197 ITEM #:51 DEPT:P&H May 14, 2024 Staff Report HARRISON ROAD SURPLUS LAND NEIGHBORHOOD OUTREACH MEETING BACKGROUND: On December 19, 2023, City Council reviewed a staff report focused on infill housing areas identified as Redirection Areas within Ames Plan 2040, along with examples of scattered sites that could support smaller infill opportunities. One site identified by staff as an infill option was the 1.8-acre C ity- owned site of unused Harrison Road right-of-way, at the corner of Harrison and Welbeck. Given the Council’s goal of increasing diverse housing options and interest in infill development, the site could be utilized as a City-controlled test case for identifying a developer to construct small-lot style housing. Staff indicated that a neighborhood outreach meeting would be an appropriate first step before determining whether to proceed with an RFP for the sale and development of the site. Accordingly, a Neighborhood Meeting was held on April 11, 2024, to obtain input from property owners in proximity to this site. Staff presented an overview of the site conditions and conceptual housing options. This report provides a summation of the public feedback and includes a discussion of possible next steps. The presentation from the outreach meeting is included as Attachment A. This presentation includes the location map and surrounding land use designations and zoning districts. SITE CHARACTERISTICS: The site itself is approximately 1.8 acres with frontage along Welbeck at the intersection with Harrison. The site widens out towards the railroad located at the west edge of the property. The site was originally created as an outlot with the Bloomington Heights Subdivision for the purpose of constructing an extension of Harrison Road as a crossing of the railroad tracks. However, when Northridge Heights was developed west of the railroad tracks, no corresponding outlot was established on the west to complete a crossing. Therefore, the Harrison/Welbeck outlot is surplus land. There are three types of housing in the general area. Immediately abutting the site are traditional single- family detached homes on standard residential lots. Rear yards of these homes abut the surplus land site. Eastward along Harrison there is a Planned Unit Development (PUD) of a mix of small-lot detached single-family lots and bi-attached homes. Further to the east at Hyde Avenue is a medium density townhome development. PUBLIC OUTREACH: An in-person public meeting was identified as the most appropriate outreach option for this project. Postcards were mailed to 112 property owners, two weeks prior to the meeting. A one-hour meeting was held at Homewood Golf Course, beginning at 6:30 pm, with a presentation followed by discussion 198 and comments. Fifteen people attended the meeting, representing 11 different properties (Attendees indicated that others were interested that were unable to attend). As discussed in more detail below, the participants did not support any of the presented development concepts. Details of the comments are included in Attachment B. DEVELOPMENT CONCEPTS: The presentation included graphics illustrating various housing options and how they might fit on the site. The concepts focused on low density options consistent with the intent of Plan 2040 for infill that approximates densities of the surrounding uses but may include different housing types. The total number of residences varied from 5-12. The concepts included a wide array of options including: Typical Low Density Subdivision with a cul-de-sac and 6000 sq. ft. single-family lots; Small Lot Development – lots for single family detached homes with attached garages utilizing a PUD and private street; Single-Family Attached Townhomes - similar to existing neighborhood examples in the Brickman and Westwind area utilizing a PUD and private streets; Pocket Neighborhood – a new concept to Ames of smaller clustered detached homes with central shared green space using a PUD and private street access. After the presentation, participants were asked by staff to place a green dot on the illustration that they most favored and a red dot on the illustration that they least favored, along with comments on the drawing indicating what influenced their choice. Initially, none of the participants wanted to select any of the concepts as their preference was no development. After further discussion, they determined that they would only place red dots and that they would place them on all of the concepts. Fifteen comment sheets were submitted. The overwhelming response was against development of this site for any housing. The meeting participants described how their children use the site as open space. The actual comment sheets and results of the dot exercise are included as Attachment B. Here is a summation of the comments: Top preferences for the site: Keep as a green space (12) Park for kids (12) No housing/ I’m not interested in infill development (12) Drainage/Storm water management – floods (8) Add Playground (6) Add Ball Diamond (3) Finish the sidewalk (2) Nature site (1) Community garden (1) Other comments: Maintain integrity of neighborhood (no parking lots) (1) Increased traffic (2) Our kids use this space/Taking space from neighborhood; (4) Eyesore to existing houses (1) Lack of City maintenance - neighbors maintain; City doesn’t clean drainage ditches (2) Should not be low-income. 199 Following the meeting, planning staff sent out emails thanking the participants for coming and attaching a copy of the presentation. Staff has not received any follow-up correspondence. As promised at the meeting, staff has also sent an email to let participants know of that this report would be on the May 14, 2024, agenda. Staff expects neighborhood members to be present at the May 14 Council meeting to comment on potential development of the site. PRIOR NEIGHBORHOOD INPUT REGARDING THIS SITE: City staff has previously explored an opportunity to use this surplus land. In 2022, this site was the subject of a neighborhood meeting held by Parks and Recreation staff to ascertain input from residents about a possible community garden at this site. Postcards were sent to 243 residents in the area and was attended by approximately 15 participants. At that time the public input was overwhelmingly against a community garden with a desire for no change to the property. As a result, the City did not move forward with any planned improvement to the property. A summation of those comments is included as Attachment C. OPTIONS: Option 1- Direct staff to proceed with preparing a Request for Proposals (RFP). Given Council’s goal of increasing diverse housing options and interest in infill development, the Council may wish to proceed with an RFP for development of the site. The intent would be to select a private developer through the RFP process to subdivide the site and construct housing. The City would not act as a developer for the property. If the City Council determines to proceed with the RFP, staff would draft an RFP outlining City Council expectations for density and housing types. City Council could determine with the RFP evaluation criteria if it has preferences for certain housing types, such as a pocket neighborhood design. The RFP would require a concept layout depicting the developer's intent for the site. Once a developer is selected, the developer would work through the zoning and development approval process. Option 2 - Direct staff to engage in further public input, before Council determines how to proceed . Staff has reached out to the public and invited public comment. Staff believes that the comments received represent an array of interests and that additional public outreach is not needed. However, the City Council may determine participation is lacking from specific interests and that additional input should be captured and considered before proceeding with a decision on issuing an RFP. If so, the City Council should direct staff as to the entities to be contacted for additional input. Option 3 - Do not proceed with a Request for Proposals (RFP) at this time. Given the strong public input against housing, the City Council may determine that they do not wish to proceed with an RFP for housing on this site at this time. STAFF COMMENTS: With City Council's strong interest in supporting housing construction and variety within the city, staff initially presented this Harrison Road surplus land site to Council due to its size and ability to accommodate various housing types in a compatible manner with the neighborhood. As City controlled land, the City Council would be able to exert a greater amount of influence on the housing choice and design options than other private development sites making it quality option to demonstrate infill development. There is also no other planned use for the site that constructing housing would displace. 200 The public input process provided a robust outcry from meeting participants against any housing development on this site. The participants value the land as open space for informal use by the residents. The participants in the outreach meeting expressed concern about drainage issues in the area but provided no specific suggestions on use of the site for housing. Despite the input regarding the neighborhood's value of the informal open space, the site was not ever planned or intended to be open space as it was designed as a collector street extension. Lloyd Kurtz Park serves as the nearest neighborhood park; the properties in the neighborhood that are furthest north of the Harrison/Welbeck outlot are within Lloyd Kurtz Park's 1/2-mile service area radius. This is the standard distance used by Parks and Recreation staff for park planning purposes. Staff believes that the site is well suited to addressing Council's goal of adding infill housing to the community, and it can be compatible with the neighborhood in scale and density regardless of the preferred housing type. If City Council chooses Option 1, staff believes that moving forward with an RFP expeditiously in June would be ideal. This timing would allow a developer to be selected and work to begin towards entitlements this fall, with housing able to be constructed in Spring 2025. The Work Plan would allocate time towards the RFP process, but the development of the site would be a current planning project that does not require work plan prioritization. ATTACHMENT(S): Attachment A - Neighborhood Mtg Presentation 04-11-24.pdf Attachment B - Participant Comments.pdf Attachment C - Prior Neighborhood Input on this Site.pdf 201 202 AGNEDA AGENDA Welcome / Presentation Review Infill directions from Ames Plan 2040 Site Characteristics Discuss Attributes of Good Infill Design Graphic Concepts Feedback Exercise Group Discussion & Questions 203 A City Council Goal – “We Value Diverse Housing Options”GNEDA ❖ In an effort to expand housing opportunities and diversify housing choices, the Ames City Council is exploring infill housing options within single-family neighborhoods. ❖ Plan 2040 Implementation – Includes various policies to Evaluate and Support Infill Housing Options 204 Infill Housing Direction Scale- Good infill design minimizes conflict with adjacent properties. The actual context helps determine the best way to minimize conflicts… “Ames will take advantage of infill sites within the existing urbanized area to increase both the efficiency and quality of its urban environment.” G3-1. Identify infill properties and areas within the existing built-up area, focusing on sites that are 1) vacant and buildable; 2) … Policies emphasize infill compatibility and the protection of neighborhood character 205 Future Land Use “RN-2: Established” “Fully built-up neighborhoods, typically built in the second half of the 20th century to the present. Largely single-family, with some attached and duplex structures. Layout of neighborhoods often has larger blocks and curvilinear local street patterns.” 206 207 SITE CHARACTERISTICS •Site Acreage – 1.8 acres •Existing Zoning – Residential Low Density Zone (RL) •Lot J - Bloomington Heights West Plat 3 •Conveyed to the City of Ames in 2004 208 Harrison Rd at Welbeck looking west into the Site 209 Zoning District: (RL) Residential Low-Density Zone Site 210 Site Utilities 211 Drainage feature along north side of the Site 212 Low point on the south at middle of the site 213 Welbeck frontage looking north 214 Preliminary Design Considerations •Access at intersection with Welbeck •Street frontage along Welbeck •Management of stormwater •Setbacks along property lines •Home orientation •Massing - keep height of homes similar to adjacent properties 215 Single-Family Home Options •Status Quo - cul-de-sac with 6000 sq. ft. lot minimum; single-family detached •Small Lot Development - single-family detached with front-loaded attached garages •Single-Family Attached (Townhomes) - similar to existing neighborhood examples (Brickman & Westwind area) •Pocket Neighborhood (smaller clustered homes with central shared green space); no attached garages in these examples 216 Design Concept -1 •Cul-de-sac with 6-7 lots •Each lot is a min. of 6000 sq. ft. •Green space at entrance and on north side of access street 217 Design Concept -2 •Small lot option with 9 lots •Front-loaded garages with driveway parking •No shared green space 218 Single-Family Attached (Townhomes) •Each dwelling has its own external entrance •Individual units are defined architecturally •Generally considered compatible with detached single-family A building containing multiple units each located on its own lot with a common wall along shared lot lines. Example from Hayden’s Ridge, Ames 219 Single-Family Attached (Townhomes) Examples exist nearby on Eisenhower Court and in the Westwind area within the Bloomington Heights neighborhood… 220 Design Concept -3 •Attached Single- Family units •Units include attached garages •Open space along Welbeck •Setbacks along property edges •Driveway access, just off center 221 Welbeck frontage looking south 222 Pocket or Cottage Neighborhoods •A community with 9-12 small homes facing a shared open space or common area •Designed to enable interaction among neighbors •No existing examples in Ames 223 Pocket or Cottage Neighborhoods 224 Design Concept -4 •Pocket Neighborhood – 12 units with central shared common space for community gathering •Single-Family homes nested together, each with small private yard •Setbacks considered along property edges •Driveway and parking consolidated near Welbeck 225 Design Concept -5 •Pocket Neighborhood – 9-10 units with central shared common space •Single-Family homes nested together, each with small private yard •Open space along Welbeck •Setbacks considered along property edges •Driveway and parking consolidated along north side 226 Feedback Exercise Please provide feedback by adding a Green Dot -Concept you most prefer for this site or Red Dot -Concept you least prefer for this site. You are also invited to write comments on the sheet as which elements you like/dislike. 227 Group Discussion & Questions •Summation of the comments and preferred concept plan. •What’s next? Thank you for coming and sharing your input! If you did not do so already, when you signed in, please provide your contact information so we can provide updates to you. 228 31 ATTACHMENT B Dot Exercise Graphics and Comment Sheets 229 32 Location of Meeting Participant’s Property Meeting Comments Regarding Housing Development 230 33 231 34 232 35 233 36 234 37 235 38 236 39 237 40 ATTACHMENT C Neighborhood Meeting Comments Regarding Community Garden (2022) The meeting started at 5:32 PM Chat participant wanted to know if there were other options for the space as kids in the neighborhood use the site for baseball etc. Chat participant wanted to know if everyone currently gardening in the community gardens is from Ames? Joshua Thompson stated that they were all from Ames. Jill wanted to know where the gardeners would park? The residents need the parking on Welbeck. Abraham stated that the gardeners would need to use street parking. Would the garden be open to residents of the neighborhood only? Abraham stated they would be open to anyone. Chat participant wanted to know why not use the land at Bloomington and Hyde? Abraham stated if they meant Lloyd Kurtz Park, there may be other things planned for that area. How much traffic would this bring into the neighborhood? Thompson stated that he goes by the gardens frequently and he never sees more than two or three cars there at one time on the weekend when the gardens are busiest with a total of ten or less cars on a busy weekend day with the most at the same time being two or three. There are 63 plots at that location which is more gardens than would be placed at this site. Jennifer wanted to know if it is just people in the neighborhoods near the gardens that use the current garden spots. Abraham stated that at the Squaw Creek location are used by people who live throughout the city. At the Carr Park location, the gardeners are more from the surrounding neighborhood. Does public transportation go to that location? Staff will research this. Chat participant has a backyard near the site and would not be comfortable with outside people using the site. Safety is a concern if strangers come into the neighborhood. Abraham asked what the department could do to alleviate those concerns. No answer. Chat participant wanted to comment that the proposed food forest area is very busy and sometimes traffic is a nightmare at Hunziker Sports Complex. Abraham stated there are some things in the transportation plan for Billy Sunday Rd. that will alleviate some of that traffic. Jill states that the Squaw Creek area is “trashy looking” and does not want this by her property. She would rather have it at Bloomington and Hyde. She would like to know if this area could be a recreation spot instead. Abraham stated this area is in a neighborhood and would be different than the Squaw Creek location. All comments will be considered at the Parks and Recreation Commission next Thursday. Three to four cars daily will just add to the congestion on Welbeck. Chat participant states the nearest bus stop would be on Bloomington. Chat participant wanted to know the size of the plots. Abraham stated they could be a combination of raised and ground level beds of different sizes. Cost? The cost would be similar to the current price. 10’x40’ is $25, 10’x25’ is $20 and the smaller ADA raised beds are $15. Fencing? Fencing would be put up by Staff. Is this meeting to determine if the gardens are placed there. This meeting is a part of the process. Can we comment? Yes, you can attend the Commission and Council meetings virtually. Jennifer lives three houses down. She does not want to bring any cars into the area. It is a long way from CyRide to carry things, and she feels community gardens are an eyesore that she does not want to look at. Abraham again stated that this garden would be in a neighborhood and would be treated differently than the area at Squaw Creek. There would be fencing and maintenance at the site. Who will maintain a plot if a gardener abandons it? P & R staff would do the clean up of the plot. Anna lives on Crestmoor. She states that there are over 50 kids in the area which is quiet and safe. She does not want any strangers coming into the area. She would like the sidewalk finished in the area. Abraham will investigate the sidewalk and pass it along to the correct person. 238 41 Chat participant states that the deer will eat everything and wants to know if there will be water at the site. Abraham replied that there would be water and fencing at the location. Hector stated that the proposed food forest area is already a natural area and does not feel we should upset the current ecosystem there. Chat participant does not want to see this out their window and has concerns about the parking. Jennifer asked how people in the neighborhood say what they want. Abraham stated that is the purpose of this meeting. Kate says there is a safety concern with the railroad. Many people use this area for recreation. Anna says the railroad backs up to the spot. There are not many trains and the neighbors pay attention to what is going on. Could fencing be put up? Abraham repeated that the site would be fenced if used for a community garden. She wants something useful for their neighborhood, not a community garden. Jill wants the city to leave the green space for the neighborhood. Will the city maintain the space? Abraham repeated that the City would maintain anything we put there. When will this go to the Council? Abraham replied that this would go to the Park and Recreation Commission on February 18. The Commission could make a recommendation to the City Council. Council could get this as soon as February 23 or it could be discussed at one of the March meetings depending on the other items on the agenda. Abraham also explained the process and when the Commission and Council documents are posted. Chat member asked is there were any other options for the space like a rec area. Abraham states that the Kurtz Park shelter, volleyball court and playground are well used, however the green space seems to be underutilized. Abraham asked how many neighbors use the recreation/green space at Lloyd Kurtz park. Two or three people indicated they used Lloyd Kurtz. Comments regarding why they don’t use the recreation space at Lloyd Kurtz: Kids bring stuff out to play with - they don’t want to carry it that far. Lloyd Kurtz is farther way than this space. Play equipment at Lloyd Kurtz gets hot in the summer. (Abraham stated that would be typical of all playgrounds in the summer) Neighborhood kids prefer to play together in this space. It was asked again who would maintain the space. Abraham repeated that the spot would be maintained by staff and would be a different kind of garden space than the Squaw Creek gardens due to its location. Gardeners are contacted if they do not maintain their space and staff clears it out if it is abandoned. Chat participant asked about fitness/calisthenics parks. Abraham said we have walking paths but there is not specific equipment for working out. Staff is exploring some parkour equipment for the park system. Chat participant works hard to maintain their yard and is uncomfortable with outsiders coming into the neighborhood. Abraham said that some people from the neighborhood would likely use the garden plots as well. Chat participant stated that the storm sewer always has garbage and leaves in it. Abraham stated he would pass this along to the proper person. Chat participant states they would prefer to keep the neighborhood quiet. Abraham informed the participants that he appreciated their comments and ended the meeting at 6:23PM. 239 ITEM #:52 DEPT:P&H May 14, 2024 Staff Report REQUEST FOR ZONING TEXT AMENDMENT FOR EXCEPTION TO MINIMUM FAR AND HEIGHT ALONG MAIN STREET BACKGROUND: On March 26th, the City Council referred to staff a zoning text amendment request from Mike Stott, representing Ames Silversmithing, to allow for his client to take advantage of a zoning exception process for their planned expansion. Ames Silversmithing desires to demolish the existing 1-story, 15-foot wide building at 218 Main Street that was recently acquired and to construct an addition to their existing structure. The property owner does not believe it is feasible to meet the minimum 1.0 Floor Area Ratio (FAR) and 2-story height requirements for the project they would like to build. After reviewing a staff memo regarding this request, the City Council asked that this request be placed on a future agenda to discuss. The City Council has considered multiple requests for changes or exceptions to the minimum FAR (Floor Area Ration) and height requirements in Downtown Service Center (DSC) over the past few years. City Council has previously stated a desire to keep the zoning standards that maintain the current Main Street character: a minimum two stories and a minimum 1.0 FAR. There are no other zoning design standards within DSC related to building design and its historic character. Currently, there is an exception process available within DSC for a limited number of situations. Properties along the north edge of DSC with frontage along 6th Street can apply for an exception to be approved by the Zoning Board of Adjustment (ZBA). Additionally, special uses such as religious institutions and funeral facilities can request relief from the ZBA. The exception process considers the site situation, proposed design, and intent of the standards. Staff also notes from discussion with the applicant that the recently directed 20% zoning variation relief proposal does not quite meet their goals for an addition. The two-story height of the building could likely be made to work, but the size of the addition would likely be less than a 20% reduction in the FAR standards to 0.8 FAR. OPTIONS: The property owner finds it impracticable to reuse the existing building for their purposes. The owner believes demolishing the existing structure and building a new addition is more appealing. Staff identified three options that could apply to the request. 1. Eliminate the FAR and 2-Story Height Requirement City Council has modified zoning standards at least three times for DSC zoning due to the minimum FAR and Height requirements. Previously, City Council did not totally eliminate the standard due to the belief that it helps to reinforce the building design and character of historic Main Street. 240 Deleting the standard would apply to all properties in Downtown. This change would grant more flexibility to property owners for additions to existing buildings and for new buildings. Changing the standard may allow for small additions and changes to buildings that may not be feasible under the current requirements. Although the FAR and height requirements are not fine-grained design standards, deleting the standards would leave no design requirements within the DSC zoning related to the historic Main Street character. Council could direct staff to use the Downtown Façade Guidelines as design requirements for review of projects as a substitute for the standards if the FAR and Height standards are deleted. If City Council were to delete the requirements, Ames Silversmithing would then proceed with only a staff review of a Minor Site Development Plan to demolish their 15-foot building and construct an addition. 2 . Allow for all building additions, regardless of use, to be eligible to apply for an Exception approved by the ZBA The applicant requested this option believing their specific circumstances would justify granting an exception rather than removing the standard in its entirety. The text amendment would simply remove the current limitation that allows exceptions only to properties along 6th Street. This change would then apply throughout the Downtown for all properties and uses when it is an addition to an existing building. This option would require a property owner to demonstrate on a case-by-case basis why compliance would not be feasible, and if the proposed design would be compatible with the character of Downtown. This is the process that was created and applied to the Friedrich Realty building on 6th and Duff. Note that this option is based upon the current exception language of Ames Municipal Code Section 29.808 (2) which only applies to additions and not to new construction of a building on a site. 3. Apply the 20% Zoning Variation Rule As mentioned above, the City Council has already initiated a city-wide text amendment to allow for 20% variation from numeric zoning standards. Although this change has not yet been adopted, it is scheduled for City Council consideration on June 11 . In this case, the 20% Rule would lower the minimum building height from requiring two actual floors with usable area or a height of 22 feet to a building height of 17.6 feet measured to the top of the parapet. The FAR would be reduced from 1.0 (100%) to 0.8 (80%). Staff reviewed this option with the applicant before they asked for the Council referral. They estimated that they would need to make their addition slightly larger to meet this variation allowance, potentially increasing the FAR from approximately 75% to the 80%. If the City Council desired this approach, then the Council would take no action on the Ames Silversmithing request at this time. The 20% rule ordinance will return for City Council approval June 11. The applicant could then proceed with a site design that complies with these 20% reductions and no other amendment would be needed. 241 STAFF COMMENTS: Alternations of existing one-story buildings downtown are often restricted by the current FAR and height requirements. However, these standards are meant to reinforce Downtown character and for efficient infill development. The City Council will have to weigh the need for the keeping the standards or agreeing to modify them as described in Option 1 or 2. Option 3 would require no further action by the City Council. ATTACHMENT(S): Attachment A - Letter from SB&A.pdf Attachment B - DSC Map.pdf 242 243 DUFF AVE N 2ND ST LINCOLN WAY ALLANDR E LINCOLN WAY E 2ND ST KELLOGG AVE E 3RD ST NORTHWESTERNAVE N ELM AVE S DUFF AVE S SHERMAN AVE S KELLOGG AVE WASHINGTON AVE S WALNUT AVE SHERMAN AVE CLARK AVE 5TH ST 7TH ST Alley 6TH ST MAIN ST MARKET AVE E MAIN ST DOUGLAS AVE BURNETT AVE COMMERCE AVE WILSON AVE GRAND AVE HODGE AVE SE 2ND ST DES MOINES AVE PEARLE AVE E 5TH ST E 6TH ST E 7TH ST GILCHRIST ST S 2ND STS GRAND AVE S-SMD UCRM NC DSC S-GA RM HOC DGC DSC Zoning MAIN ST 220 218 Attachment B 244 ITEM #:53 DATE:05-14-24 DEPT:P&H SUBJECT:SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION MAJOR FINAL PLAT COUNCIL ACTION FORM BACKGROUND: Hunziker Land Development, LLC has submitted a final subdivision plat for Sunset Ridge North Subdivision, First Addition, which is a partial platting of the 63-lot preliminary plat approved June 27, 2023. The development is located at 798 North 500th Avenue, immediately north of the existing Sunset Ridge Subdivision, as shown on Attachment A – Location Map. This subdivision is also the location of the recently completed sanitary sewer extension to serve future development west of North 500th Avenue. The addition is the first of the subdivision. The proposed final plat includes 28.57 acres, with a total of 46 single-family residential lots. Seven of the lots will be for attached single-family units with the remaining 39 lots designated for detached single-family dwellings. All of the lots face Greene Street, which includes a 55’ right-of-way as a local street. Wilder Avenue will continue north from its current terminus as a 66’ right-of-way to the north side of the Plat and will intersect with Greene Street. Lot ‘A’ includes 2.986 acres of city right-of-way that includes Greene Street and Wilder Avenue. Four outlots are included for storm water flowage easement and Pedestrian Easements: Outlot ’A’ includes 3.636 acres, Outlot ‘B’ includes 3.097 acres, Outlot ‘C’ includes 0.174 acres, and Outlot 'D' includes 1.854 acres. Three outlots are designated for future development: Outlot 'YY' includes 0.206 acres, Outlot 'XX' includes 0.238 acres, and Outlot ‘ZZ’ includes 6.53 acres. The preliminary plat approval included two conditions. The first condition required that a sidewalk planned within the private open space of Outlot A be designed with the first final plat. The design was deferred originally due to the potential that it could connect at some point to the planned City park abutting the site to the north. If no connection is established to the park, the sidewalk would be routed east west from Wilder to Greene Street. The City has not completed a concept design for the park at this t i m e . The applicant requests that the sidewalk design requirement be extended until the next final plat to determine if it is possible or desirable to connect to the planned City park. The second condition required a street tree planting plan coordinating utility and driveway locations for single-family attached homes be provided prior to final plat approval of the first addition with single- family attached homes. This plat includes seven of these lots. A final plan has not been approved by staff and the applicant requests that the plat be approved with a condition of staff approval of the street tree planting plan prior to building permits for these lots. PHASING INFRASTRUCTURE IMPROVEMENTS: The first addition includes approximately 2/3 of the developable lots in the development. The proposed addition includes the extension of Wilder right-of-way all the way to the north property line to include the already installed water and sewer lines. However, the last 127 feet of the roadway is not paved with this addition. Two future developable lots are planned on this extension 245 with a future phase. Staff supports the current extension of right-of-way to cover the installed utilities and supports the deferral of paving with this first final plat. Staff believes the Wilder paving will need to be planned with the next addition, but that the final determination of timing of the paving will be reviewed with the next proposed addition. The west part of the first addition includes the partial extension of Greene Street. Public utilities have been installed within Outlot ZZ beyond the area of the Greene Street paving. The utilities are partially within the planned full extension of Greene Street and a future planned Outlot that fronts upon N 500th Av e n u e . Rather than partially dedicate right-of-way and a separate utility easement, a utility easement is provided for the water and sewer extension that is being accepted by the City as complete with this addition. FINANCIAL SECURITY OF PUBLIC IMPROVEMENTS: The applicant has provided an agreement for the installation of street trees and sidewalks, including a shared use path on the west side of Wilder Avenue. The agreement requires the financial security for the sidewalks, which must be installed the earlier of three years or prior to issuance of a certificate of occupancy for a house on the lot. The developer has provided a letter of credit in the amount of $738,073.13 for the completion of public improvements, which the City Council is asked to accept, along with those improvements already completed. Quantities for the Letter of Credit (LOC) amount include all work matching the First Addition Public Improvement Plans. ALTERNATIVES: 1. Approve the Final Plat for Sunset Ridge North Subdivision, First Addition based upon findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans and defer the requirement for a sidewalk design and a construction within Outlot A to the next addition and for staff to approve the final street tree and driveway plan prior to building permits for single-family attached homes. B. Resolution accepting the completed public improvements and the Improvement Agreement and financial security in lieu of the installation of the remaining required improvements. 2. Deny the Final Plat for Sunset Ridge North Subdivision First Addition, based upon consistency with the approved preliminary plat or on the basis that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 3. Defer action on this request and refer it back to City staff and/or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed first addition includes phasing of improvements, easements, and right-of-way dedication to address installed and planned utility infrastructure coordinated with the establishment of developable lots. Although extension of right-of-way without complete improvements is atypical, it meets the interest of the City for timing of extensions of infrastructure to the boundaries of the site. The extension of completion of the two preliminary plat conditions is acceptable to staff as meeting the 246 intent of the preliminary plat approval. City staff has otherwise evaluated the proposed final subdivision plat and determined that the proposal substantially conforms with the 2023 Preliminary Plat approved by City Council and that it conforms to the adopted ordinances and policies of the city as required by code. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Attachment A - Location Map.pdf Attachment B - Preliminary Plat (2023).pdf Attachment C - Applicable Subdivision Law.pdf 2024-05-10 - 126400 - NORTH SUNSET RIDGE, 1ST ADDITION, FINAL PLAT.pdf 247 3 Attachment A: Location Map 248 4 Attachment B: Preliminary Plat (2023) 249 5 Attachment C: Applicable Subdivision Law The City’s subdivision regulations are included in Chapter 23 of the Ames Municipal Code. Once the applicant has completed the necessary requirements, including provision of required public improvements or provision of financial security for their completion, a “final plat application” may then be submitted for City Council approval. After City Council approval of the final plat, it must then be recorded with the County Recorder to become an officially recognized subdivision plat. The final plat must be found to conform to the ordinances of the City and any conditions placed upon the preliminary plat approval. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Ames Municipal Code Section 23.302(10): (10) City Council Action on Final Plat for Major Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. (c) The City Council may: (i) deny any subdivision where the reasonably anticipated impact of such subdivision will create such a burden on existing public improvements or such a need for new public improvements that the area of the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy Plan or other capital project or growth management plan of the City until such time that the City upgrades such public improvements in accordance with schedules set forth in such plans; or, (ii) approve any subdivision subject to the condition that the Applicant contribute to so much of such upgrade of public improvements as the need for such upgrade is directly and proportionately attributable to such impact as determined at the sole discretion of the City. The terms, conditions and amortization schedule for such contribution may be incorporated within an Improvement Agreement as set forth in Section 23.304 of the Regulations. (d) Prior to granting approval of a major subdivision Final Plat, the City Council may permit the plat to be divided into two or more sections and may impose such conditions upon approval of each section as it deems necessary to assure orderly development of the subdivision. (e) Following such examination, and within 60 days of the Applicant's filing of the complete Application for Final Plat Approval of a Major Subdivision with the Department of Planning and Housing, the City Council shall approve, approve subject to conditions, or disapprove the Application for Final Plat Approval of a Major Subdivision. The City Council shall set forth its reasons for disapproving any Application or for conditioning its approval of any Application in its official records and shall provide a written copy of such reasons to the developer. The City Council shall pass a resolution accepting the Final Plat for any Application that it approves. (Ord. No. 3524, 5-25-99) 250 44 46424543 36 41 38 37 35 34 2 29 4 30 5 31 6 8 32 1 27 26 10 17 18 11 19 13 14 15 2223 9 16 24 OUTLOT 'A' OUTLOT 'ZZ' OUTLOT 'C' SE N W OUT L O T ' E ' SUN S E T R I D G E , 1ST A D D I T I O N WESTFIELD DRIVE - 66' R.O.W. 40 39 28 12 LOT 2 0 LOT 2 2 LOT 2 3 LOT 2 4 LOT 2 5 LOT 8 33 3 SW N W 7 25 20 21 OUTLOT 'B' LOT 'A' LOT 2 1 LOT 1 8 LOT 1 9 LOT 7 LOT 2 6 LOT 2 7 LOT 2 8 LOT 2 9 LOT 3 0 LOT 3 1 LOT 3 LOT 4 LOT 7 LOT 8 LOT 9 LOT 6WI L D E R A V E N U E - 6 6 ' R . O . W . LOT 2 1 LOT 1 LOT 3 2 LOT 2 LOT 1 0 GREENE STREET - 55' R.O.W. SPR I N G B R O O K C I R - 66 ' R . O . W . SEC . 6 - 8 3 - 2 4 SUN S E T R I D G E , 8TH A D D I T I O N LOT 5 SUN S E T R I D G E , 6TH A D D I T I O N PAR C E L ' P ' S L I D E SUN S E T R I D G E , 5TH A D D I T I O N SUN S E T R I D G E , 6TH A D D I T I O N OUTLOT 'YY' OUTLOT 'D' OUTLOT 'XX' TRACT 'B', WEST 440' OF THE NORTH 198' LOT 6 LOT 3 LOT 1 LOT 2 LOT 5 LOT 4 LOT 1 8 WESTFIELD DRIVE - 66' R.O.W. OU T L O T ' V ' LOT 1 7 N. 5 0 0 T H A V E N U E - 12 0 ' R . O . W . WEST 258' OF THE SOUTH 131' OF N1/3 NFR1/2 SUN S E T R I D G E , 11T H A D D I T I O N SUN S E T R I D G E , 10T H A D D I T I O N © Bo l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1126400\CAD\C3D\FIGR - 126400 - NORTH SUNSET RIDGE, FIRST ADDITION, FINAL PLAT.DWG 5/10/2024 2:25 PM JOB NUMBER: FOR RECORDER USE ONLY 0A1.126400 SHEET OF 5 1 R 1519 BALTIMORE DRIVE AMES, IA 50010 (515) 233-6100 R LEGEND: FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP #17151 (UNLESS OTHERWISE NOTED) SET 1/2" x 24" REBAR WITH YELLOW PLASTIC CAP #17535 (UNLESS OTHERWISE NOTED) FOUND SECTION CORNER (AS NOTED) RECORDED DIMENSION STORM SEWER & SURFACE WATER FLOWAGE EASEMENT PUBLIC UTILITY EASEMENT (R) P.U.E. FEETSCALE 0 100 200 HORZ. MY LICENSE RENEWAL DATE IS PAGES OR SHEETS COVERED BY THIS SEAL: LICENSE NUMBER DATE: IOWA I hereby certify that this land surveying document was prepared by me and the related field work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa LICENSED PROFESSIONAL LAND SURVEYOR EUGENE R. DREYER L.S.EUGENE R. DREYER 17535 PAGES 1 THROUGH 5 17535 12/31/2024 INDEX LEGEND LOCATION PARCEL "N", A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA REQUESTOR:HUNZIKER DEVELOPMENT GROUP, LLC. PROPRIETOR:HUNZIKER DEVELOPMENT GROUP, LLC. SURVEYOR:EUGENE R. DREYER, P.L.S. #17535 SURVEYOR COMPANY:BOLTON & MENK, INC. RETURN TO:EUGENE R. DREYER, BOLTON & MENK, INC. 1519 BALTIMORE DR., AMES, IA 50010 (515)-233-6100 NOTES: 1.THIS SURVEY MEETS OR EXCEEDS IOWA CODE 355. 2.THIS SURVEY IS SUBJECT TO EASEMENTS APPARENT OR OF RECORD. 3.BEARINGS SHOWN ARE IOWA STATE PLANE NORTH, US SURVEY FOOT. 4.TOTAL AREA OF ADDITION = 28.57 ACRES OR 1,244,595 SQ FT. 5.LOT 'A', CONTAINING 121,709 SQ FT, TO BE DEDICATED TO THE CITY OF AMES FOR STREET PURPOSES. 6.SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT WHICH HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDINGS DIFFICULT. LEGAL DESCRIPTION: PARCEL 'N' A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AS SHOWN ON THE PLAT OF SURVEY RECORDED ON DECEMBER 15,2003 , AS INSTRUMENT NO. 03-24892, SLIDE 191, PAGE 1. PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA MAY 2024 FINAL PLAT SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION AN OFFICIAL REPLAT OF PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AS SHOWN ON THE PLAT OF SURVEY RECORDED ON DECEMBER 15, 2003, AS INSTRUMENT NO. 03-24892, SLIDE 191, PAGE 1. AMES, IOWA SET 5/8" x 24" REBAR WITH YELLOW PLASTIC CAP #17535 (UNLESS OTHERWISE NOTED) STORM SEWER & SURFACE WATER FLOWAGE EASEMENTS.W.F.E. FINAL PLAT - SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION INSIDE DIMENSIONI.D. TRACT 'C', EAST 440' OF THE WEST 880' OF THE NORTH 198' SANITARY SEWER EASEMENT 251 CURVE TABLE CURVE # C1 C2 C3 C4 C5 LENGTH 60.25' 20.17' 11.58' 76.58' 9.29' RADIUS 572.50' 572.50' 627.50' 627.50' 62.50' DELTA 6° 01' 48" 2° 01' 08" 1° 03' 25" 6° 59' 31" 8° 30' 47" CH LENGTH 60.23' 20.17' 11.58' 76.53' 9.28' CH BEARING S86° 22' 54"W S82° 21' 26"W S81° 52' 35"W S85° 54' 03"W S29° 45' 26"W CURVE TABLE CURVE # C6 C7 C8 C9 C10 LENGTH 76.01' 66.90' 61.03' 54.94' 67.59' RADIUS 62.50' 62.50' 62.50' 62.50' 62.50' DELTA 69° 40' 56" 61° 19' 37" 55° 56' 54" 50° 21' 48" 61° 57' 29" CH LENGTH 71.41' 63.75' 58.63' 53.19' 64.34' CH BEARING S68° 51' 18"W N45° 38' 26"W N12° 59' 50"E N66° 09' 11"E S57° 41' 10"E CURVE TABLE CURVE # C11 C12 C13 C14 C15 LENGTH 19.61' 60.82' 22.11' 54.41' 11.63' RADIUS 572.50' 572.50' 627.50' 627.50' 627.50' DELTA 1° 57' 44" 6° 05' 12" 2° 01' 08" 4° 58' 04" 1° 03' 44" CH LENGTH 19.61' 60.79' 22.11' 54.39' 11.63' CH BEARING N88° 24' 57"E N84° 23' 29"E N82° 21' 26"E N85° 51' 02"E N88° 51' 56"E LINE TABLE LINE # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 LENGTH 19.98' 119.99' 55.00' 13.60' 115.00' 50.00' 50.00' 115.00' 36.50' 36.50' 115.00' 36.50' 36.50' 115.00' 50.00' 50.00' 115.00' 50.00' 50.00' 115.00' 28.00' 36.50' 115.00' 36.50' 36.50' BEARING S0°36'11"E S0°36'16"E N0°36'16"W S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W LINE TABLE LINE # L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 LENGTH 115.00' 70.00' 70.00' 115.00' 78.00' 115.00' 90.00' 90.00' 115.00' 25.00' 78.00' 115.00' 49.05' 48.00' 73.00' 115.00' 73.00' 73.00' 115.00' 73.00' 73.00' 115.00' 73.00' 73.00' 115.00' BEARING N0°36'16"W N89°23'44"E S89°23'44"W S0°36'16"E N0°36'16"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S0°36'16"E N89°23'44"E N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W LINE TABLE LINE # L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L68 L69 L70 L71 L72 L73 L74 L75 L76 LENGTH 81.40' 81.40' 115.00' 81.30' 81.30' 115.00' 81.30' 81.30' 115.00' 26.73' 116.00' 83.57' 68.42' 131.51' 84.25' 3.48' 36.06' 50.00' 46.08' 80.00' 74.91' 75.07' 18.32' 23.99' 78.00' BEARING N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W N89°23'44"E S89°23'44"W N0°36'16"W S81°20'52"W S0°36'16"E N70°49'59"E S81°20'52"W S0°36'16"E N70°49'59"E S89°23'49"W N70°49'59"E S0°56'58"W N89°29'13"E S89°23'49"W S89°23'49"W N89°12'55"E S0°36'25"E N89°23'49"E N89°13'06"E LINE TABLE LINE # L77 L78 L79 L80 L81 L82 L83 L84 L85 L86 L87 L88 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 L101 LENGTH 57.20' 77.00' 57.40' 77.00' 77.00' 16.61' 77.76' 77.00' 126.31' 77.00' 120.13' 120.00' 28.37' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' BEARING N89°13'06"E N89°23'49"E N89°23'49"E N89°23'49"E N89°23'49"E N81°20'52"E N81°20'52"E N89°23'49"E S0°36'16"E N89°23'49"E S0°36'16"E S0°36'16"E N89°23'44"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E LINE TABLE LINE # L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 L115 L116 L117 L118 L119 L120 L121 L122 L123 L124 L125 L126 LENGTH 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 77.00' 77.00' 120.00' 99.00' 99.00' 120.00' 19.98' 19.98' 120.00' 74.00' 74.00' 120.00' 61.12' BEARING N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E S0°36'16"E N89°23'44"E N89°23'45"E N0°36'16"W N0°36'16"W S0°36'16"E S0°36'16"E N89°23'44"E N89°23'49"E N0°36'16"W N89°23'44"E LINE TABLE LINE # L127 L128 L129 L130 L131 L132 L133 L134 L135 L136 L137 L138 L139 L140 L141 L142 L143 L144 L145 L146 L147 L148 L149 L150 LENGTH 61.12' 120.00' 61.12' 61.12' 120.00' 61.12' 61.12' 119.99' 61.12' 61.12' 119.99' 61.13' 61.13' 66.00' 111.31' 65.80' 90.00' 115.00' 115.00' 90.00' 127.16' 8.50' 28.00' 37.16' BEARING N89°23'49"E S0°36'16"E N89°23'44"E N89°23'49"E N0°36'16"W N89°23'44"E N89°23'49"E S0°36'16"E N89°23'44"E N89°23'49"E N0°36'16"W N89°23'44"E N89°23'49"E S89°23'49"W N0°08'39"E N89°29'13"E N0°36'16"W N89°23'44"E N89°23'44"E S0°36'16"E S0°30'47"E N89°23'44"E N89°23'44"E N0°17'31"W © Bo l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1126400\CAD\C3D\FIGR - 126400 - NORTH SUNSET RIDGE, FIRST ADDITION, FINAL PLAT.DWG 5/10/2024 2:25 PM JOB NUMBER: SHEET OF 2 R 1519 BALTIMORE DRIVE AMES, IA 50010 (515) 233-6100 0A1.126400 5 FINAL PLAT - SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION ADDRESS TABLE LOT ADDRESS 1 5434 GREENE STREET 2 5428 GREENE STREET 3 5420 GREENE STREET 4 5414 GREENE STREET 5 5410 GREENE STREET 6 5404 GREENE STREET 7 5330 GREENE STREET 8 5324 GREENE STREET 9 5318 GREENE STREET 10 5312 GREENE STREET 11 5304 GREENE STREET 12 5218 GREENE STREET 13 5212 GREENE STREET 14 5206 GREENE STREET 15 5116 GREENE STREET 16 5110 GREENE STREET 17 5106 GREENE STREET 18 5100 GREENE STREET 19 5101 GREENE STREET 20 5107 GREENE STREET 21 5115 GREENE STREET 22 5205 GREENE STREET 23 5211 GREENE STREET 24 5217 GREENE STREET 25 5325 GREENE STREET 26 5331 GREENE STREET LOT ADDRESS 27 5405 GREENE STREET 28 5411 GREENE STREET 29 5417 GREENE STREET 30 5423 GREENE STREET 31 5429 GREENE STREET 32 5433 GREENE STREET 33 5507 GREENE STREET 34 5511 GREENE STREET 35 5513 GREENE STREET 36 5517 GREENE STREET 37 5521 GREENE STREET 38 5525 GREENE STREET 39 5527 GREENE STREET 40 5531 GREENE STREET 41 5530 GREENE STREET 42 5526 GREENE STREET 43 5520 GREENE STREET 44 5516 GREENE STREET 45 5510 GREENE STREET 46 5506 GREENE STREET OUTLOT 'A'820 WILDER AVENUE OUTLOT 'B'714 WILDER AVENUE OUTLOT 'C'715 WILDER AVENUE OUTLOT 'D' OUTLOT 'XX' OUTLOT 'YY' OUTLOT 'ZZ'5599 GREENE STREET PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA 252 L8 LO T 4 4 0. 1 6 8 A C R E S 73 3 4 S Q F T TRACT 'B', WEST 440' OF THE NORTH 198' LO T 4 2 0. 1 6 8 A C R E S 73 3 3 S Q F T OUTLOT 'ZZ' (FUTURE DEVELOPMENT) 6.530 ACRES 284458 SQ FT LO T 3 6 0. 1 3 2 A C R E S 57 5 0 S Q F T LO T 3 7 0. 1 3 2 A C R E S 57 5 0 S Q F T LO T 3 5 0. 0 9 6 A C R E S 41 9 7 S Q F T EL L S T O N A V E N U E - 55 ' R . O . W . N 89°31'34" E 439.93' N 89°29'13" E 712.36' S 89°23'49" W 961.17' N 0 0 ° 4 1 ' 3 2 " E 13 2 . 1 7 ' N 89°29'40" E 440.03' 60.43' LOT 6 LOT 3 LOT 1 LOT 2 LOT 1 9 LOT 2 0 LOT 2 2 LOT 2 3 LOT 2 4 LOT 2 5 LOT 8 S 89°31'51" W 880.15' N 0 0 ° 1 1 ' 4 8 " E 1 9 8 . 0 0 ' SW N W 325.69'114.44'380.02' 607.30' L2 L3 L9 L7 L10 LO T 4 3 0. 1 6 8 A C R E S 73 3 4 S Q F T L1 4 LO T 4 1 0. 1 6 8 A C R E S 73 3 6 S Q F T L15 L18 L1 7 L19 L2 3 S 89°23'49" W 379.60' L27 2.986 ACRES 130085 SQ FT LO T 3 8 0. 0 9 6 A C R E S 41 9 7 S Q F T LO T 4 6 0. 2 0 4 A C R E S LO T 3 4 0. 0 9 6 A C R E S 41 9 7 S Q F T LO T 3 3 0. 1 8 5 A C R E S 170.85' 379.60' N 0 0 ° 1 5 ' 1 8 " E 1 2 8 . 3 1 ' 198.55' L1 4 1 LOT 5 LOT 4 LOT 1 8 LOT 2 0 LOT 2 1 LOT 1 8 LOT 1 9 WESTFIELD DRIVE - 66' R.O.W. OU T L O T ' V ' LO T 4 5 0. 1 6 8 A C R E S 73 3 4 S Q F T LOT 1 7 L6 L5 LO T 3 9 0. 0 9 6 A C R E S 41 9 7 S Q F T L12 L13 L2 0 L1 L1 1 L21 L2 6 L28 L22 L25 N 89°09'10" E 258.75' 60.20' L126 LOT 2 1 L127 L1 3 1 L132 L1 3 7 L138 60.00' L139 L4 L16 L24 L1 2 5 L129 L130 L1 3 4 FOUND 1/2" REBAR FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP (UNREADABLE) FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP (UNREADABLE) 5' P.U.E. 10' P.U.E. LO T 4 0 0. 1 3 2 A C R E S 57 5 0 S Q F T N. 5 0 0 T H A V E N U E - 12 0 ' R . O . W . SEC . 6 - 8 3 - 2 4 L123 L124 L135 FOUND CUT 'X' NW CORNER FRL SW1/4 SEC. 6-83-24 FOUND LEAD PLUG FOUND 1/2" REBAR 10' P.U.E. 5' P.U.E. WEST 258' OF THE SOUTH 131' OF N1/3 NFR1/2 SUN S E T R I D G E , 1 1 T H A D D I T I O N SUN S E T R I D G E , 10T H A D D I T I O N TRACT 'C', EAST 440' OF THE WEST 880' OF THE NORTH 198' FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP (UNREADABLE) N: 3474038.971 E: 4868139.799 L1 2 8 L133L136FOUND 1/2" REBAR FOUND 1/2" REBAR OUTLOT 'C' (S.W.F.E., PEDESTRIAN EASEMENT) 0.174 ACRES 7585 SQ FT FOUND CUT 'X' SUN S E T R I D G E , 5 T H A D D I T I O N SUN S E T R I D G E , 6 T H A D D I T I O N N 89°23'44" E 1155.76' S 89°23'44" W 1156.60' 55' SANITARY SEWER EASEMENT EXISTING 60' RIGHT-OF-WAY 55 . 0 1 ' 47 . 1 7 ' 8.66' S 89°23'44" W 348.08' 69 . 3 8 ' 12 8 . 3 1 ' OUTLOT 'D' (S.W.F.E. & PEDESTRIAN EASEMENT) 1.854 ACRES 80745 SQ FT 55" SANITARY SEWER EASMENT POINT OF BEGINNING STA. 19+59.79 OUTLOT 'XX' (FUTURE DEVELPOMENT) 0.238 ACRES 10350 SQ FT L1 4 3 L144 5' P.U.E. 5' P.U.E. 10' P.U.E. L145 L149 L148 © Bo l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1126400\CAD\C3D\FIGR - 126400 - NORTH SUNSET RIDGE, FIRST ADDITION, FINAL PLAT.DWG 5/10/2024 2:25 PM JOB NUMBER: SHEET OF 3 R 1519 BALTIMORE DRIVE AMES, IA 50010 (515) 233-6100 0A1.126400 5 R FEETSCALE 0 50 100 HORZ. FINAL PLAT - SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA 253 L8 SE N W WESTFIELD DRIVE - 66' R.O.W. LO T 4 4 0. 1 6 8 A C R E S 73 3 4 S Q F T LO T 4 2 0. 1 6 8 A C R E S 73 3 3 S Q F T LO T 3 6 0. 1 3 2 A C R E S 57 5 0 S Q F T LO T 3 7 0. 1 3 2 A C R E S 57 5 0 S Q F T LO T 3 5 0. 0 9 6 A C R E S 41 9 7 S Q F T LO T 2 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 1 0 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 2 8 0. 1 9 3 A C R E S 83 9 5 S Q F T LO T 3 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 3 0 0. 1 9 3 A C R E S 83 9 5 S Q F T LO T 6 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 2 7 0. 2 1 5 A C R E S 93 6 1 S Q F T LO T 2 5 0. 2 1 5 A C R E S 93 4 9 S Q F T N 89°29'13" E 712.36' LOT 2 0 LOT 2 2 LOT 2 3 LOT 2 4 LOT 2 5 LOT 8 SW N W 607.30' L2 L3 L9 L7 L10 LO T 4 3 0. 1 6 8 A C R E S 73 3 4 S Q F T L1 4 LO T 4 1 0. 1 6 8 A C R E S 73 3 6 S Q F T L15 L18 L1 7 L19 L2 3 S 89°23'49" W 379.60' L2 9 L27 L3 1 L33 L3 4 L35 LO T 5 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 1 2 L4 1 L39 LOT 'A' 2.986 ACRES 130085 SQ FT L40 LO T 3 8 0. 0 9 6 A C R E S 41 9 7 S Q F T LO T 4 6 0. 2 0 4 A C R E S 88 8 0 S Q F T L45 L4 7 LO T 3 4 0. 0 9 6 A C R E S 41 9 7 S Q F T L46 LO T 3 3 0. 1 8 5 A C R E S 80 5 0 S Q F T LO T 9 0. 2 1 2 A C R E S 92 4 0 S Q F T L5 0 L5 3 L51 L57 L55 L5 9 LO T 4 0. 2 1 2 A C R E S 92 4 0 S Q F T 170.85' LO T 3 1 0. 1 9 3 A C R E S 83 9 5 S Q F T LO T 1 1 0. 2 1 6 A C R E S 94 2 6 S Q F T C1S 89°23'44" W 194.37' LO T 3 2 0. 2 3 8 A C R E S 10 3 5 0 S Q F T C2 LO T 2 6 0. 2 1 5 A C R E S 93 5 0 S Q F T LOT 1 9 LO T 4 5 0. 1 6 8 A C R E S 73 3 4 S Q F T L6 L5 LO T 3 9 0. 0 9 6 A C R E S 41 9 7 S Q F T L12 L13 C13 S 89°23'49" W 1159.83' OUTLOT 'A' (S.W.F.E., PEDESTRIAN EASEMENT) 3.636 ACRES 158381 SQ FT LOT 7 LOT 2 6 LOT 2 7 L2 0 LOT 2 8 LOT 2 9 LOT 3 0 LOT 3 1 LO T 2 9 0. 1 9 3 A C R E S 83 9 5 S Q F T LOT 3 L1 WI L D E R A V E N U E - 6 6 ' R . O . W . L42 L8 5 LO T 7 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 8 0. 2 1 2 A C R E S 92 4 0 S Q F T L86 LO T 1 0. 2 7 3 A C R E S 11 8 8 0 S Q F T L8 8 L90 L91 L1 1 L48 L49 L93 L94 L21 L96 L2 6 L5 6 L9 5 L28 L22 L100 L25 L1 0 1 L103 L1 0 4 L37 N 89°29'13" E 1121.62' L3 8 L32 L106 L3 6 L111 L1 1 3 L115 L117 L43 L1 1 9 L1 2 1 L1 2 2 L126 LOT 2 1 L127 L52 L54 L1 3 1 L132 L58 L1 3 7 L138 L139 L4 L83 L60 L6 1 L16 LOT 1 LOT 3 2 LOT 2 L8 7 L89 L24 L9 8 L97 L108 L109 L1 1 0 L99 L3 0 L1 2 5 L129 L130 L1 3 4 L4 4 L140 C14 L8410' P.U.E. 5' P.U.E. 10' P.U.E.10' P.U.E. 10' P.U.E. LO T 4 0 0. 1 3 2 A C R E S 57 5 0 S Q F T GREENE STREET - 55' R.O.W. 5' P.U.E. 5' P.U.E. S 89°23'49" W 961.17' SEC . 6 - 8 3 - 2 4 L9 2 L102L105 L1 1 6 L118 L1 2 0 L114 L123 L124 L135 10' P.U.E. 5' P.U.E. 55' RIGHT-OF-WAY SUN S E T R I D G E , 6 T H A D D I T I O N 10' P.U.E. C15 L1 0 7 L112 L1 2 8 L133L136 10' P.U.E. 10' P.U.E. 5' P.U.E. 5' P.U.E. OUTLOT 'C' (S.W.F.E., PEDESTRIAN EASEMENT) 0.174 ACRES 7585 SQ FT SUN S E T R I D G E , 5 T H A D D I T I O N SUN S E T R I D G E , 6 T H A D D I T I O N S 89°23'44" W 348.08' 5' P.U.E. 5' P.U.E. 10' P.U.E.OUTLOT 'D' (S.W.F.E. & PEDESTRIAN EASEMENT) 1.854 ACRES 80745 SQ FT OUTLOT 'YY' (FUTURE DEVELOPMENT) 0.206 ACRES 8970 SQ FT L142 55" SANITARY SEWER EASMENT POINT OF BEGINNING 5' P.U.E. 5' P.U.E. STA. 19+59.79 STA. 51+50.00 STA. 55+87.09 STA. 23+72.38 STA. 53+17.48 66' RIGHT-OF- WAY OUTLOT 'XX' (FUTURE DEVELPOMENT) 0.238 ACRES 10350 SQ FT L1 4 7 L1 4 3 L144 5' P.U.E. 5' P.U.E. 10' P.U.E. L145 L1 4 6 L149 L148 L1 5 0 © Bo l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1126400\CAD\C3D\FIGR - 126400 - NORTH SUNSET RIDGE, FIRST ADDITION, FINAL PLAT.DWG 5/10/2024 2:25 PM JOB NUMBER: SHEET OF 4 R 1519 BALTIMORE DRIVE AMES, IA 50010 (515) 233-6100 0A1.126400 5 R FEETSCALE 0 50 100 HORZ. FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP (UNREADABLE) FINAL PLAT - SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA SEE PAGE 3 SEE PAGE 3 254 OUTLOT 'A' SE N W OUT L O T ' E ' SUN S E T R I D G E , 1 S T A D D I T I O N WESTFIELD DRIVE - 66' R.O.W. LO T 1 0 0. 2 1 2 A C R E S 92 4 0 S Q F T LOT 17 0.346 ACRES 15055 SQ FT LOT 19 0.478 ACRES 20837 SQ FT LOT 20 0.343 ACRES 14927 SQ FT LO T 2 1 0. 3 0 0 A C R E S 13 0 8 1 S Q F T LO T 6 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 2 2 0. 2 9 9 A C R E S 13 0 3 5 S Q F T LO T 1 4 0. 2 5 7 A C R E S 11 1 7 5 S Q F T LO T 1 5 0. 2 5 6 A C R E S 11 1 7 2 S Q F T LO T 2 3 0. 2 6 0 A C R E S 11 3 2 0 S Q F T LO T 2 4 0. 2 2 5 A C R E S 98 0 1 S Q F T LO T 2 7 0. 2 1 5 A C R E S 93 6 1 S Q F T LO T 2 5 0. 2 1 5 A C R E S 93 4 9 S Q F T OUTLOT 'B' 0. 2 1 2 A C R E S 92 4 0 S Q F T LO T 1 2 0. 2 3 3 A C R E S 10 1 4 4 S Q F T LO T 9 0. 2 1 2 A C R E S 92 4 0 S Q F T L5 0 LO T 1 6 0. 2 2 9 A C R E S 99 6 7 S Q F T L5 3 L51 L57 L55 LOT 18 0.311 ACRES 13564 SQ FT L5 9 LO T 1 1 0. 2 1 6 A C R E S 94 2 6 S Q F T LO T 1 3 0. 2 5 1 A C R E S 10 9 1 8 S Q F T C1S 89°23'44" W 194.37'C2 L66 S 0 0 ° 3 6 ' 1 6 " E 15 3 . 6 7 ' C3 LO T 2 6 0. 2 1 5 A C R E S 93 5 0 S Q F T L6 9 L70 L71 N 89°12'55" E 154.13' N 89°13'06" E 175.02' L72 N 0 0 ° 4 3 ' 2 8 " W 15 7 . 3 0 ' C7 C5 N 0 0 ° 3 0 ' 4 7 " W 16 5 . 0 7 ' C9 S 0 0 ° 3 6 ' 1 6 " E 14 4 . 8 3 ' C11 C13 S 89°23'49" W 1159.83' OUTLOT 'A' (S.W.F.E., PEDESTRIAN EASEMENT) 3.636 ACRES 158381 SQ FT LOT 2 9 LOT 3 0 LOT 3 1 LOT 3 LOT 4 LOT 7 LOT 8 LOT 9 LOT 6 L8 5 LO T 7 0. 2 1 2 A C R E S 92 4 0 S Q F T L75 LO T 8 0. 2 1 2 A C R E S 92 4 0 S Q F T L86 L8 8 L90 L91 L93 L94 L96 L5 6 L9 5 L100 L1 0 1 L103 L1 0 4 N 89°29'13" E 1121.62' L106 N 89°12'55" E 262.17' L62 L63 L6 4 L68 L52 L54 N 3 2 ° 3 7 ' 0 6 " E 158 . 6 6 ' N 49 ° 0 1 ' 4 3 " W 168 . 6 3 ' S 0 0 ° 3 6 ' 2 5 " E 1 7 8 . 0 0 ' L58 S 0 0 ° 2 5 ' 0 7 " E 3 8 5 . 2 1 ' S 0 0 ° 3 6 ' 1 6 " E 14 4 . 9 8 ' S 0 0 ° 3 6 ' 1 6 " E 14 5 . 1 6 ' S 0 0 ° 3 6 ' 1 6 " E 10 9 . 7 8 ' L81 L83 L65 L60 L6 1 S 89°13'06" W 571.10' LOT 1 LOT 3 2 LOT 2 LOT 1 0 L8 7 L89 S 0 0 ° 3 6 ' 2 5 " E 1 6 8 . 8 9 ' L9 8 L97 S 89°23'49" W 112.35' L99 C6 C8 L74 C10 L76 L78 S 0 0 ° 3 6 ' 2 9 " E 13 7 . 2 0 ' L79 L80 L77 C12 C14 L82 L84 5' P.U.E. 10' P.U.E. 10' P.U.E. GREENE STREET - 55' R.O.W. 5' P.U.E. SPR I N G B R O O K C I R - 66' R . O . W . C 4 L9 2 L102L105 L73 LOT 'A' 2.986 ACRES 130085 SQ FT FOUND T BAR 15' SANITARY SEWER EASMENT 55' RIGHT-OF-WAY SUN S E T R I D G E , 8 T H A D D I T I O N LOT 5 SUN S E T R I D G E , 6 T H A D D I T I O N PA R C E L ' P ' S L I D E 1 9 1 , P A G E 2 C15 FOUND T ROD 5' P.U.E. 5' P.U.E. 5' P.U.E. 15' SANITARY SEWER EASEMENT 500 YEAR FLOOD PLAIN 100 YEAR FLOOD PLAIN FOUND METAL CAP RLS #13644 NE CORNER OUTLOT 'E' SUNSET RIDGE 1ST ADDITION N: 3473622.511 E: 4870652.216 N 89°13'06" E 50.00' OUTLOT 'B' (S.W.F.E., PEDESTRIAN EASEMENT) 3.097 ACRES 134926 SQ FT N 89°12'55" E 70.52' 5' P.U.E. STA. 39+16.40 L3 8 © Bo l t o n & M e n k , I n c . 20 2 4 , A l l R i g h t s R e s e r v e d H:\HUNZI\0A1126400\CAD\C3D\FIGR - 126400 - NORTH SUNSET RIDGE, FIRST ADDITION, FINAL PLAT.DWG 5/10/2024 2:26 PM JOB NUMBER: SHEET OF 5 R 1519 BALTIMORE DRIVE AMES, IA 50010 (515) 233-6100 0A1.126400 5 R FEETSCALE 0 50 100 HORZ. FINAL PLAT - SUNSET RIDGE NORTH SUBDIVISION, FIRST ADDITION PARCEL 'N', A PART OF THE N 1/3 OF THE N 1/2 OF THE SW FRL. 1/4 AND OF THE N 1/3 OF THE WEST 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SEC. 6, T83N, R24W, CITY OF AMES, STORY COUNTY, IOWA 255 ITEM #:54 DATE:05-14-24 DEPT:P&H SUBJECT:PLANNING DIVISION WORK PLAN 2024 COUNCIL ACTION FORM BACKGROUND: City Council was provided a status update of projects related to the Planning Division work plan on October 24, 2023. Staff noted at that time that many projects would be concluded in the winter and that prioritization of new projects could wait until the spring. Since the October meeting, staff has completed several outstanding projects and City Council has made additional referrals and adopted new City Council Goals. Attached to this report is a list of status updates for projects that are currently on the Work Plan. Current projects that are underway or have a defined upcoming next step include the following: ID#Project Description 1 Downtown Plan Partnership with Ames Main Street 2 The Linc Development- Lincoln Way 3 Reinvestment District Final Application 5 Townhome Infill Housing Building Type Zoning Text Amendment 10 Rezoning process for West Towne mixed use and affordable housing units 11 Identify priority Infill- Redirection Areas 12 Burgason Cedar Lane Paving Waiver Request and Pioneer Infrastructure Definition 13 Housing Task Force development review and incentives letter (Three Referrals, URA, Conservation Subdivision, Pioneer Infrastructure) 15 Administrative exceptions to zoning standards with staff approval (20% rule) 25 Chautauqua Ridgewood Neighborhood National Register Historic District Application (State Grant Approved) 29 Harrison Road Surplus Land Infill Development Option Report 30 Council Goal-Task AG1.T3 DRC Process review and performance metrics As City Council looks forward to the next 12-18 months there are many choices for adding new priorities with different levels of staff hours committed to each project. Unique to this discussion is the decision of whether to prioritize a comprehensive rewrite of the Zoning Ordinance that addresses multiple issues at one time. Staff believes this rewrite is warranted based upon implementation priorities of Plan 2040 and to address a needed update of commercial zoning standards. Although the full scope of changes and outreach is not known, staff estimates an 18-month duration to accomplish a Zoning Ordinance rewrite. The Zoning Ordinance rewrite may or may not require retaining a consultant, depending on the format of the zoning ordinance desired as well as the issues and priorities identified to address by the City Council, If Council chooses to prioritize a Zoning Ordinance update, the first step is to have a 256 workshop describing different zoning and subdivision code formats and to define the issues and priorities to be addressed with an update. One concern with pursuing the Zoning Ordinance update first is that a number of other zoning issues that the City Council had hoped to be addressed will have to be delayed until the Zoning Ordinance update is completed. For example, the East 13th Street property developer Elwell requested that Council consider changing the Zoning Overlay and Development Agreement to remove the influence of the regional mall on its standards. Staff was supportive in January of addressing this request and including it with a general commercial zoning update or as a separate project since it is expected to facilitate property tax base expansion. However, at that time, a whole zoning update was not contemplated. Other Council goals may not be able to be addressed as well. ZONING ORDINANCE UPDATE OPTION: Staff suggests first determining if there is any interest in pursuing the Zoning Ordinance Update and setting a timeframe for it to begin. A comprehensive update allows for multiple issue to be addressed in coordinated manner over a longer period of time. If there are specific requests/projects that Council would like to address sooner than the Zoning Ordinance update, staff suggests that Council exclude these issues from the update if either: 1) there is an immediate need, or 2) the issue is novel and requires some specific outreach approach that is not appropriate with a broad update. A comprehensive Zoning Ordinance update could efficiently address the following types of projects that are either existing referrals or suggested with Plan 2040 Implementation: 1. Complete Streets Standards/Subdivision Code Updates (Including Walk Bike Roll Plan)(ID# 4) 2. Create a Corridor Zoning District for Lincoln Way (ID#21) 3. General rewrite of commercial zoning districts and standards, including gateway overlays (ID#21) 4. General clean up of standards and simplify tables for uses and development standards 5. Updates to general standards of development, such as lighting, landscaping, parking as needed 6. Update of Zoning for FS areas related to housing density and building types (growth areas) (ID#9) (ID#7) 7. Incorporate general infill design standards (ID#21) 8. Other green building or sustainable development requirements (ID#23) 9. Park land dedication ordinance requirements(ID#21) 10. Sign Code update and coordination with zoning (ID#18) The general update to the Zoning Ordinance would likely not address specific sub- area plans for redirection areas that need to be tailored to a specific area. These types of projects would remain in the category of infill and redirection areas as separate work plan items. If City Council initiates the overall Zoning Ordinance update process and desires to begin in the Fall of 2024, staff believes one larger Redirection Area could still be prioritized along with one or two other larger projects over the next 18 months. The other ongoing projects would also be completed, Downtown Plan, Chataqua Historic District, AEDC housing taskforce items. DEFER ZONING ORDINANCE UPDATE OPTION: If City Council does not plan to initiate a Zoning Ordinance rewrite this year, then it will need to 257 address specific projects in the work plan. In this instance, staff would suggest 3-6 projects for the next 12 months. Project ideas would include those on the Work Plan list as well as Plan 2040 Implementation measures included within Attachment B. Some of these items may begin as early as this summer, but most would be started in the fall or winter as staff works through some of the ongoing projects. Major projects for this summer include completing the AEDC housing task force related items, initiating the Chautauqua Historic District Project, and working with Ames Main Street on the Downtown Plan. Other miscellaneous text amendment issues are also in process. ALTERNATIVES: 1. Prioritize the following tasks in the order below: a) Comprehensive Zoning Ordinance Update and establish a timeframe to initiate the project b) One redirection area (as determined by City Council), and c) Completion of 1-2 other priorities (as determined by City Council) Staff would recommend that one of these two projects include the Elwell Property Commercial Zoning amendment request, a minimum of one Redirection Area (TBD), and other City Council priorities. 2. Defer prioritizing a Comprehensive Zoning Update and identify a total of 3-6 additional projects for prioritization for the next 12 months. Staff would recommend that one these projects include the Elwell Property Commercial Zoning amendment request, a minimum of one Redirection Area (TBD), and other City Council priorities. 3. Prioritize other projects. CITY MANAGER'S RECOMMENDED ACTION: City Council is being asked to identify its top priorities for many large and complex issues identified in the work plan. Compared to prior years, at this time there appears to be only one significant outstanding developer request that requires a new prioritization decision (#29-Elwell 13th Street properties change in zoning standards). Staff believes that the best approach is to first decide whether undertaking a Zoning Ordinance update is a priority and, if so, when to initiate that process. This kind of update can address many of the outstanding issues in the work plan, along with addressing frequent sticking points for development projects. Due to the benefits of the addressing multiple issues efficiently with a zoning update, staff believes that option has the most long-term value to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. However, taking on this Zoning Ordinance update comes with the tradeoff of being a significant time commitment. Many of the existing items on the workplan which the Council has hoped to address for some time will not be able to be completed within the next eighteen months. 258 ATTACHMENT(S): Attachment B.docx Work Plan 2024 2025 List.pdf 259 Attachment B-Plan 2040 Implementation Chapter Excerpts At the time Ames Plan 2040 was approved, the Implementation Chapter included a list of initiatives categorized as Infrastructure, Plans and Sub-Areas, and Zoning Subdivision Standards. This list captured the most significant needs related to implementing concepts of Plan 2040 in the near term, it is not an all-inclusive list of potential actions for implementation of Plan 2040. For the 2022 Work Plan discussion, a topical list of implementation measures was provided to City Council.The list below is carryover from the 2022 Work Plan discussion for items that were not prioritized and completed tasks are shown with strikeout. Plan 2040 Housing Related Initiatives i.Citywide assessment of allowing construction of Accessory Dwelling Units with existing homes.Staff believes this is intended to be an extensive effort of evaluating options and doing public outreach (300-800 hours). ii. Allow for two-family homes (duplexes) within FS-RL and potentially other zoning districts (50-200 hours). iii. Update FS-RL and FS-RM zoning to reflect intended densities and building types for Growth Areas (80 hours) iv. Modify F-VR zoning for use in Growth Areas (40-150 hours) v.Low- and Moderate-Income Housing Strategy addressing zoning constraints (if any), financial incentives (e.g. TIF or property tax abatement), site acquisition for new construction, locations for existing house acquisition and rehabilitation projects. (150 hours) (Workshop Held) Plan 2040 Infill Related Initiatives (Council referral to discuss priorities in general winter 2023) i.East and West University Impact Area standards review, including parking and how to implement zoning for the RN-4 land use designation within the West University Impact Overlay. (100-300 hours) ii. Urban Corridor Designation along Lincoln Way (west of Campustown), needs implementation zoning that does not exist. (100 to 180 hours) iii. Create design standards for desired small scale infill projects, applies to multiple issues and zoning districts. (150-300 hours) iv. University Overlay for Redirection Area Hunt and Sheldon, rezone area for redevelopment (100 to 200 hours) v. South Lincoln Mixed Use Plan from Cherry to Walnut, new Plan and rezoning (300- 500 hours) Plan 2040 Commercial and Other Standards Related Initiatives i.Implement commercial use designation changes, requires new General Commercial zoning district with changes to Highway Oriented Commercial and Planned Regional Commercial zoning district, see also Urban Corridor designation listed under Infill (120-200 hours) ii. Parkland dedication ordinance (75-125 hours) 260 iii. Review commercial zoning district standards for consistency with Growth Area plans. (40 hours) Plan 2040 Transportation Related Initiatives i.Modify Chapter 23 Subdivision Code with terminology and concepts of the Complete Street Plan. Includes changes to ROW widths, street types, pedestrian and bicycle improvement specifications. (100 – 200 hours) ii. Update Zoning Ordinance standards to reflect Complete Street concepts, includes design requirements to match street types aimed at walkability (60 hours, in tandem with Chapter 23) iii. Bicycle and Pedestrian Master Plan (Public Works lead department) related updates to planning concepts within Ames Plan 2040 and development standards of zoning (40 hours) Plan 2040 Plans and Sub-areas Related Initiatives i. Ames Urban Fringe Plan Update (Already committed-250 hours Story County, additional time for final plans with Boone County) ii. Gateway and beautification plan for rights of way.(Initial report 100 hours) iii. Parks Master Plan Update (P&R lead department) as it relates to land use plans and parkland standards (Not budgeted for 2023/24) iv.Redirection Areas, select specific areas like Grove Avenue for individual consideration. (50-500 hours) v. Infrastructure Project Planning guide for short (1-5 year) and mid-term (5-10 year) priorities in the CIP. (60 hours)(Prioritized water and sewer projects in current CIP with ARPA funding) 261 Denotes projected timeframe for current projects, next step Category Status ID#Project Next Steps Work Plan/Parking Lot/ New Prioritized For Next Step Y/N May June July August September October November December January February March April May June July August September October November December 1 Downtown Plan Partnership with Ames Main Street Outreach efforts begin in May, Draft Concepts, Summer, Final Draft Plan Fall 2024 WP Y 2 The Linc Development-Reinvestment District, Lincoln Way Council reviewed preliminary development agreement terms in October 2022. Developer redesigning project in response to market conditions, resubmittal date unknown WP Y 3 Reinvestment District and Final Application City Council approval of Reinvestment District application February 22, 2022. Final application not approved by IEDA, pending updated information. Deadline from IEDA to complete Fall 2024.WP Y 4 Update Chapter 23 Subdivision Code for Complete Streets requirements in conjunction with Public Works Not intiated. Awaiting Bike and Ped Master Plan to move forward on text changes. Could be included in Unified Development Code Zoning Code Update process.WP N 5 Townhome Infill Housing Building Type Zoning Text Amendment Staff report for townhome building design and parking requirments for small infill projects WP Y 6 Low and Moderate Income Housing Strategy Staff Report/Workshop June 2023, tabled.WP N 7 Modify F-VR Zoning for Growth Areas Staff Report not intiated WP N 8 Staff Report Pocket Neighborhood development option Staff report with draft zoning standards will be presented with Townhomes WP Y 9 Update FS-RL and FS-RM Zoning for densities and building types Staff Report not intiated, not addressed with AEDC request.WP N 10 Rezoning process for West Towne mixed use and affordable housing units Agreement within Property Owner accompanying rezoning action WP Y 11 Identify priority Infill- Redirection Areas for sub-area plan Staff report on Options December 2023. Council to priorize 3 areas as next step and program within Work Plan. Represents one large project intiation for later this year.WP Y Hold for starting any Council prioritized Plan 12 Burgason Cedar Lane Paving Waiver Request and Pioneer Infrastructure Definition Sept. 12th City Council tabled the request pending report from staff for a definition of Pioneer Infrastructure, likely return June 2024 WP Y 13 Housing Task Force development review and incentives letter Three areas of Discussion:1. URA Incentive; 2. Conservation Subdivion/Dev. Standards; 3. Policy on Infrastructure Cost Share WP Y 14 Southeast Growth Area Property Owner Outreach for Sanitary Sewer Extension Design CIP includes extension of trunk sewer along 265th Street to serve growth in Southeast. Property owner outreach and refined land use planning needed to coincide with sewer design work. Letter sent to owners., PW intiating design RFP. May have additional follow up with final design.WP Y 2024 2025 262 Project Next Steps Work Plan/Parking Lot/New Prioritized For Next Step May June July August September October November December January February March April May June July August September October November December 15 Administrative Exceptions to zoning standards with staff approval City Council intiated Zoning Text Amendment for 20% Administrative Flexiblity. Hearing proces begins in May.WP Y 16 Downtown subarea planning (parking) Consider remote parking changes for residential parking for projects with more than 18 units. Not scheduled. WP N 17 Downtown Façade Program Grant Approval Review by Staff and Appeals Staff Report options for staff approval rather than City Council WP N 18 Sign Code Updates calculation of signage for retail, temporary signs, and residential signage Not initiated. WP N 19 Demolition Criteria O-UIE-hardship elements Not initiated. Held for future consideration P. LOT N 20 Demolition Criteria O-UIE-sustainability evaluation Not initiated. Held for future consideration. P. LOT N 21 Other Plan 2040 Implementation Measures, such as Commecial Zoning District rewrite, Park Fees, Beutification Plan, others Plan 2040 Implentation Chapter measures. Partial impelmentation with a broader Zoning Code Update/Unified Development Code option. Held for future consideration.P. LOT N 22 Climate Action Plan Zoning Standards for Net Zero/Passive Homes Create zoning stanards for design features supportive of Net Zero Construction and Passive Home Design NEW N 23 Climate Action Plan Annexation Policy for Net Zero and Passive Homes Create policy for commitment to % of new buildings to be Net Zero ready.NEW N 24 Climate Action Plan Incentive Program of Property Tax Abatement for Net Zero/Passive Homes Assess potential finacial gap for new construction and Net Zero, identify potential funding assistance of property tax abatement. NEW N 25 Chataqua Ridgewood Neighborhood National Register Historic District Application Awaiting Grant Agreement from State, solict consultant summer 2024 WP Y 26 Technical Advisory Committee Member for AMPO Long Term Transproation Plan 2050 5-yr transportation plan update will begin in summer 2024 for approval fall 2025. Requires Land Use information for modeling.NEW Y 27 E 13th Street Elwell Property Commercial Zoning Overlay and Development Agreement Changes Council referred request to amend the design requirements of the NE Gateway Overlay that were desigend for the Mall and change to base commercial zoning. Request is for changes in 2024. (could be stand alone, combined with other commercial zoning, or with comprehensive zoning update)NEW N 263 Project Next Steps Work Plan/Parking Lot/ New Prioritized For Next Step May June July August September October November December January February March April May June July August September October November December 28 Comprehensive Update of Zoning Ordinance, consider change to Unified Development Code Comprehensive rewrite of zoning ordinance focused on Plan 2040 impelmentation and commercial zonign updates. Format to be decided, could include subdivision and other standards merged into a Unified Development Code. May or may not require consultant depending on final scope. Next step is a workshop to define options and scope, overall process 18 months once started.NEW N 29 Harrison Road Surplus Land Infill Development Option Neighborhood Mtg. held in April, Report to Council May 14th. Based on Council direction could move to RFP for single family development.NEW Y 30 Council Goal-TaskAG1.T3 DRC Process review and performance metrics Continue work on DRC process improvement and work to develop quarterly reporting mechansisms for projects NEW Y 31 Council Goal-Task B1.T2 Explore opportunities to work with ISU Design College or Others for innovate research project related to affordable housing.NEW N 32 Council Goal-Task B1.T3 Explore and support creative housing development options with a public partner, such as ISU, ACSD, Gilbert CSD, Story County.NEW N 33 Council Goal-Task B1.T4 Engage with other NGO related to housing needs, including rehabilitation of homes City Manager Office Lead, P&H to support NEW N 34 Request to add DSC height and FAR exception process eligibility for all properties downtown.Letter from Mike Stott, representing Ames Silversmithing, Council to review on May 14th NEW Y 35 PUD Front Entry referral from AEDC Housing Letter Minor change to the PUD Overlay standards related to front door relationship to garage doors NEW N 264 ITEM #:55 DATE:05-14-24 DEPT:W&PC SUBJECT:NUTRIENT REDUCTION MODIFICATIONS PROJECT PHASE 1 - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NUMBER 2 COUNCIL ACTION FORM BACKGROUND: On June 28, 2022, City Council approved a professional services agreement with Strand Associates for the planning, design, and bidding phases of the Water Pollution Control Facility (WPCF) Nutrient Reduction Modifications Project. The agreement provided for a fee of $1,655,000, plus $20,000 of hourly services for extraordinary permitting assistance as needed. On May 9, 2023, Council approved an amendment to the original agreement in the amount of $710,000 as a result of the decision to construct the project in two phases instead of three which was estimated to save approximately $4 million. The agreement currently in place covers services through the bidding phase of the project. The Council Action Form that accompanied the first amendment included the following: "...Council should also be aware that an additional amendment will be needed around the time of award of the construction contract. This future change order will add construction phase engineering services such as shop drawing review, pay request review, change order preparation, and State Revolving Fund coordination with the Iowa Department of Natural Resources and the Iowa Finance Authority. It may also include Resident Project Review to provide continuous construction oversight." Staff is now presenting Amendment #2 for Council approval. The work included in Amendment #2 includes two general categories. One is the construction phase engineering services. This includes items such as shop drawing reviews, pay application reviews, design and processing of any construction change orders, monitoring the construction schedule, coordinating regular progress meetings, and responding to questions by the contractor and the City. The other category is for Resident Project Review (RPR). This provides a staff member from the consultant as a near full-time observer throughout the construction phase. City staff will also be regularly overseeing the work; however, staff does not have the same specific expertise or availability as the consultant to provide the level of oversight required. The amount of the proposed amendment is $3,600,000. Staff has held detailed discussions with the consultant to review the scope of work to be provided during the construction phase to confirm that the City and Strand have the same understanding of some of the details in the scope of work, such as exactly what would be provided as "electronic operations and maintenance manuals," the level of on-site review by the various engineering disciplines, and confirmation that the contractor's construction contract includes provision whereby the contractor reimburses the engineer for certain expenses that are outside the scope of Strand's agreement with the City. The portion of the contract that staff scrutinized most was the scope of work for the "Resident Project Review." This is an employee of the engineer who will be on-site throughout the duration 265 of the construction work, making daily observations and reporting back to the design engineers. This element of the change order is written to be paid on an hourly basis with a not-to-exceed amount. That way, the City only pays for the number of hours actually utilized. As an anecdotal check of the "reasonableness" of the proposed fees, staff calculated Strand's fees as a percent of the overall project cost and compared it to the engineering fees paid for the Water Treatment Plant project. The Water Plant project included similar types of work (process buildings, process equipment, and office spaces), making it a good reference point. For the Water Treatment Plant project, engineering fees totaled 11.8% of the overall project costs. For the Nutrient Reduction Phase 1 project, the total engineering fees as proposed by Strand are 11.1% of the estimated total project costs. Thus, the ratios suggest the fees proposed by Strand are "reasonable" for the type and magnitude of work. The updated project budget is as shown below. Expense Funding Engineering Original Agreement (design and bidding)1,675,000 Amendment #1 763,000 Amendment #2 (this action)3,600,000 Other Professional Services Geotechnical 16,620 Commissioning 74,600 Special Inspections (estimated)75,000 Construction (Engineer's OPCC)44,770,000 Owner's Equipment Allowance 275,000 Owner's Contingency 4,040,780 Project Funding FY 22/23 CIP Actual Expenses 1,000,473 FY 23/24 CIP Final Amendment 2,289,527 FY 24/25 CIP Adopted 25,760,000 FY 25/26 CIP Projected 26,240,000 TOTALS 55,290,000 55,290,000 ALTERNATIVES: 1. Approve Amendment Number 2 to the professional services agreement with Strand Associates for construction phase services related to the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the additional amount of $3,600,000, bringing the total contract amount to $6,038,000. 2. Do not approve the amended scope and fees and provide guidance to staff regarding technical and observation services during the construction phase. 266 CITY MANAGER'S RECOMMENDED ACTION: When Council approved the original agreement with Strand Associates in June 2022, changes to the scope of work were anticipated, as the details of the project were still being developed and refined. When Council authorized Amendment Number One in May 2023, staff was again clear that a future amendment will be necessary. Staff has met with the consultant and reviewed the proposed scope of work during the construction phase of the project. An important element is the inclusion of a full-time resident project reviewer from the consultant to be on-site to observe the work in progress and serve as a liaison between the contractor and the design team. Funding for these services was anticipated and is included in the adopted Capital Improvement Plan. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 267 ITEM #:56 DATE:05-14-24 DEPT:W&PC SUBJECT:NUTRIENT REDUCTION MODIFICATION PHASE I COUNCIL ACTION FORM BACKGROUND: In early 2019, Council approved the results of a Nutrient Reduction Feasibility study. The study recommended the following course of action. “The Ames WPCF Nutrient Reduction Feasibility Study recommends an integrated strategy that … would transition the Ames WPCF from an existing trickling filter/solids contact process to a future biological nutrient reduction process... In doing so, the Ames WPCF would provide capacity for projected flows and loadings and would progressively achieve compliance with the 2013 Iowa Nutrient Reduction Strategy. The transition would occur … over the next 20 years to take advantage of the remaining useful life of existing facilities, most notably the trickling filters.” Design work began on Phase 1 of the project in June 2022 with the award of a professional services agreement with Strand Associates. For nearly two years, the details of the planned modifications were developed and refined by Strand in close partnership with a cross-functional team from the Water Pollution Control Facility. During the design process, staff and Strand utilized a "value engineering" approach that looked for cost-reduction opportunities. Some examples of changes in the design that came about as a result of this approach include the following: De-rated the raw pump station to avoid the need to provide expensive explosion-proof motors by reworking the building ventilation Reconfigured the aeration basin orientation to reduce the length of pipe required Modified the basin drainage pumps to allow one single pump across multiple basins instead of providing a dedicated pump in each basin Selected a "variable refrigerant flow" HVAC option for the Administration Building that has lower up-front costs and a higher energy efficiency than conventional HVAC systems Adopted the use of turbo blowers for aeration that have a smaller footprint, allowing them to fit within the existing space without the need for a new or expanded building Adopted a large bubble mixing system over traditional prop style mixers. This requires fewer motors, higher energy efficiency, and lower construction cost Some items were considered but were rejected based on the long-term facility needs. These include: installing ductile iron pipe versus C900 PVC pipe; placing the electrical conduits in a concrete duct bank; and utilizing a concrete building design to prioritize energy efficiency over initial construction costs. 268 All design work has now been completed. All permits and permissions required prior to bidding the project have been secured. A significant public comment effort around the cultural, historical, and environmental aspects of the project was completed with no negative input from the public and a “Finding of No Significant Impact” by the Iowa Department of Natural Resources. The project is now ready to transition into the bidding phase. The action requested of Council is the issuance of a Notice to Bidders. Staff is recommending a five-week bid window due to the size and complexity of the project. With approval to proceed on May 14, the bid opening would be set for June 26, and the results would be brought to Council on July 9 for a report of bids an a potential contract award. The updated project budget is shown below. The Engineer’s Opinion of Probable Construction Costs (OPCC) is $44,700,000. The "Owner's Equipment Allowance" shown in the table is for things like office furniture, window coverings, break room appliances, AV equipment, shelving in the maintenance shop, and similar expenses not included in the construction contract. The updated budget summary for the project is as follows. Expense Funding Engineering Original Agreement (design and bidding)1,675,000 Amendment #1 763,000 Amendment #2 (separate action on this agenda)3,600,000 Other Professional Services Geotechnical 16,620 Commissioning 74,600 Special Inspections (estimated)75,000 Construction (Engineer's OPCC)44,770,000 Owner's Equipment Allowance 275,000 Owner's Contingency 4,040,780 Project Funding FY 22/23 CIP Actual Expenses 1,000,473 FY 23/24 CIP Final Amendment 2,289,527 FY 24/25 CIP Adopted 25,760,000 FY 25/26 CIP Projected 26,240,000 TOTALS 55,290,000 55,290,000 The funding shown in the right-hand column mirrors what was included in the most recent fund balance and rate projections presented to Council. Actions related to the financing of the project through a Clean Water State Revolving Fund (CW SRF) loan will be brought to Council following the bid opening and award. 269 ALTERNATIVES: 1. Issue a Notice to Bidders for the Water Pollution Control Facility Nutrient Reduction Modifications Phase I Project, setting June 26 as the bid due date and July 9 as the date of public hearing and award. 2. Do not take action on the project at this time and provide staff alternate direction to comply with the Iowa Nutrient Reduction Strategy requirements of the Facility’s National Pollutant Discharge Elimination System (NPDES) permit. CITY MANAGER'S RECOMMENDED ACTION: Design work on this project has proceeded in accordance with the City Council approved Facility Plan. The project is now ready for a Notice to Bidders to be issued. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as noted above. 270 ITEM #:57 DATE:05-14-24 DEPT:P&H SUBJECT:TEXT AMENDMENT TO INCLUDE ROCK CLIMBING FACILITIES AS A MISCELLANEOUS USE WITHIN GENERAL INDUSTRIAL (GI) ZONING DISTRICT BY SPECIAL USE PERMIT COUNCIL ACTION FORM BACKGROUND: At the meeting on April 9, 2024, City Council reviewed a request from Brian Doscher and Keith Rosenliao, who are requesting an allowance within the Zoning Ordinance to operate a rock- climbing gym facility in the General Industrial (GI) zoning district (see Attachment A). Although gyms of all types are allowed in commercial zoning districts, rock climbing gyms require large indoor spaces with tall ceiling heights, more commonly found in General Industrial areas rather than in commercial zoning districts. This request is similar to the one made by Savage Gymnastics in 2023, which resulted in Sports Practice Facilities being added as an allowable use in the General Industrial Zone subject to the special use permitting process. However, because of the definition of a sport practice facility for team practices, the proposed climbing gym did not qualify as a sports practice facility. As a result, the City Council directed staff to proceed with the process for consideration of a zoning text amendment for a rock-climbing gym as a special use permit within the General Industrial (GI) zoning district. The applicant has described the requirements they have for a facility as “14-foot ceilings at a minimum and a minimum of 5,000 sq. ft. of open space with at least a 6-inch concrete pad to support the climbing walls.” According to the applicant, “these are minimum requirements rarely found in commercially zoned spaces, but which are necessary for a safe and enjoyable climbing experience. One climber requires at least 30 square feet of space; therefore, a climbing gym cannot safely accommodate the density of customers that typically commercial spaces are designed to hold.” The applicant also states, “commercially zoned buildings typically include features that increase aesthetic value and rent price but do not add value to a climbing gym." ZONING AMENDMENT: General Industrial Zoning (GI) zoning is designed to accommodate primarily industrial manufacturing, warehouses, services, and office uses. GI zoning is the most common industrial zone in the City, compared to Planned Industrial, Research and Innovation, and Intensive Industrial. GI zoned land exists primarily to the east of the Skunk River, but also includes an area west of the Skunk River and north of Lincoln Way extending to Borne Avenue. The purpose of General Industrial zoning is described below. Sec. 29.901. states the following about the purpose of the 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 271 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. GI zoning allows for a few limited options for uses that are not standard industrial uses (see Attachment B). It allows for retail and service uses over 3,000 square feet via a special use permit, but it does not allow for “Entertainment, Restaurant and Recreation – General,” the category that includes “Health clubs and gyms,” of any size. These types of entertainment uses have traditionally been prioritized for designated commercial areas. You will note that some instruction-based fitness uses are classified as retail and service and not as recreation and entertainment and these have been permitted in GI. Similar to the allowance for “Sports Practice Facilities,” “Rock Climbing Facilities” could be described as a specialized facility and considered a Miscellaneous Use within GI zoning, Table 29.901(2). Parking would also be applied at the same rate as that used for “Sports Practice Facilities,” which is 2 spaces per 1,000 square feet of area. Currently, there is not a definition for Rock Climbing Facilities and the proposed amendment creates a definition of the use to go along with adding it to the GI allowable use table. "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." The text amendment, if adopted, will apply to all areas having a General Industrial zoning district area in the City and therefore will not be specific to one site. The applicant has a desired location on East 2nd Street/Borne Avenue that is a tenant space consisting of 8,200 square feet, which will meet their needs for a rock-climbing facility. The proposed text amendment could allow them to consider other sites as well. However, the desired East 2nd Street site has similar attributes to commercially zoned areas that may support its use as Rock Climbing Facility. The land use designation of the East 2nd Street site within Ames Plan 2040 is “General Commercial.” The General Commercial land use designation is intended as a hybrid of commercial and industrial uses. Ames Plan 2040 directs a new zoning district to be established in the future, in support of this hybrid of uses. However, this new zoning district does not yet exist. Therefore, it remains that the preferred site is located within the GI zoning district. If the proposed text amendment is approved, the Zoning Board of Adjustment will review the actual special use permit application and determine if the use is appropriate for the site. Staff believes that adding this use as a Miscellaneous Use creates a niche option that does not broadly change the allowable uses within GI. Additionally, the special use permit process will emphasize the intent of industrial compatibility and that adding a recreation use does not hamper other industrial business uses in the area of a specific proposal (see Attachment C). PLANNING AND ZONING COMMISSION RECOMMENDATION: At a regular meeting of the Planning and Zoning Commission on May 8, 2024, the Commission voted unanimously 6-0 in support of the request. 272 ALTERNATIVES: 1. Approve first reading of an amendment to Table 29.501(4)-7 and the General Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Indoor Rock-Climbing Facilities by a Special Use Permit. 2. Approve first reading of an amendment to Table 29.501(4)-7 and the General Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Indoor Rock-Climbing Facilities with modified standards. 3. Take no action regarding this request at this time. CITY MANAGER'S RECOMMENDED ACTION: The City has an interest in maintaining industrial land for a variety of employment and processing activities that meet a diverse set of economic development needs for the City. By opening up industrial property to other uses, there is the potential to erode the land set aside for this important economic function. The City does not allow entertainment recreation uses in this GI zone. However, the City does allow for limited amounts of retail and personal service uses, including requirements for larger facilities with a Special Use Permit, and other uses such as daycare that are not traditional uses within industrial areas. Due to the unique requirements for a rock-climbing gymnastics facility, industrial buildings are well-suited to host their use due to large open areas within their floor plans and high ceiling height. It is unlikely that any significant changes will be made to an industrial building by a rock- climbing gymnastics facility that would prevent a return to an industrial function. While special equipment will need to be installed, these do not require physical alterations to the structure. Review of the individual plans for a site would occur with a Special Use Permit. The GI zoning district is the most common industrial district within the City. The properties zoned GI in some parts of the City tend to have older, smaller buildings sizes that would suit the needs of a rock- climbing facility due to the open floor space and ceiling heights. These types of buildings are uncommon within the City’s commercial zones. While an industrial zone is not an ideal location for a sports use in many instances, the applicant’s goals could be accomplished with minimal impact to the City’s industrial base through review of a Special Use Permit. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Attachment A - Letter to CC.pdf Attachment B - Uses Allowed in General Industrial (GI).pdf Attachment C - Special Use Permit Review and Criteria.pdf Attachment D - placeholder fo ordinance.pdf Ordinance ZTA Rock Climbing Facilities.PDF 273 5 Attachment A Request to Council 274 6 275 7 276 8 Attachment B Uses Allowed in General Industrial (GI) Sec. 29.900. INDUSTRIAL BASE ZONES. (1) Purpose. The industrial base zones established by this Ordinance are General Industrial (GI) Zone and Planned Industrial (PI) Zone. Each of these zones is intended to reserve appropriately located areas for predominantly industrial uses and to protect these areas from intrusion by dwellings and other inharmonious uses. The zones are intended to promote the economic viability of the City's industrial areas and to provide standards to assure safe, functional, efficient and environmentally sound industrial areas and to provide standards to assure safe, functional, efficient and environmentally sound operations. Differentiation between the zones is intended to provide appropriate areas for industrial uses of different character, intensity or impact while minimizing potential conflicts among land users. (2) Use Regulations. Use regulations for the Industrial Base Zones are set forth on the Use Tables as follows: GI Zone, Table 29.901(2), and PI Zone, Table 29.902(2). 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 Table 29.901 (2) Proposed Zoning Code Uses for “GI” General Industrial Zoning 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 SDP Minor Staff 277 9 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY manufacturing and processing industrial uses on the same lot or parcel Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing *Except Major Industrial Groups 28 & 29 Y* SDP Minor Staff 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 278 10 Attachment C Special Use Permit Requirements and Criteria Sec. 29.1503. SPECIAL USE PERMIT. (1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience, and general welfare. This Section permits detailed review of certain types of land use activities that, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structural uses possessing these characteristics may be authorized within designated Zones by the issuance of a Special Use Permit. This Section also provides for the use of Single Family Dwellings, Two Family Dwellings, and Single Family Attached Dwellings by a Functional Family. (2) Submittal Requirements. In accordance with Section 29.1503, Applicants must submit an Application for a Special Use Permit to the Planning and Housing Department for consideration by the Zoning Board of Adjustment. The Application for a Special Use Permit shall be accompanied by: (a) A statement of supporting evidence that the general and specific standards as delineated in this Article will be fulfilled; (b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2), unless no site improvements are required; and (c) Preliminary plans and specifications for all construction, as applicable. (3) If a proposed Special Use is within an existing building and improved site, plans for use of the site and building must be submitted in lieu of the Site Plan requirements. (4) Procedure for Special Use Permits. (a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider the application at a public hearing conducted as part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, posting, and publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of Adjustment must approve, deny, or modify the Special Use Permit application within 60 days of the public hearing. (5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Plan of the City; (ii) Be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed; (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity; 279 11 (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structure, refuse disposal, water, and sewage facilities, and/or schools; (v) Not create excessive additional requirements at public cost for public facilities and services; (vi) Not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. (b) Commercial Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use located in a commercial zone meets the following standards as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Be compatible with the potential commercial development and use of property planned to occur in area; (ii) Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit; and (iii) Be consistent with all other applicable standards in the zone. (d) Conditions. The Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. (e) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of issuance unless the use is undertaken, or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time requirement, the Zoning Board of Adjustment may, upon written request by the affected permittee, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this Section. (f) Successive Applications. In the event that the Board denies an application for a Special Use Permit, a similar application shall not be refiled for 12 months from the advertised public hearing date. The Board, on petition by the applicant, may permit a refiling of this application after 6 months from the original hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning ordinance text change has been adopted, or when the reapplication is for a different use than the original request. The applicant shall submit a detailed statement setting out those changes that he or she deems significant or upon which he or she relies for refiling the original application. (g) Site Plans approved as part of a Special Use Permit. All site plans approved as part of an approved Special Use permit may only be amended pursuant to the same procedures for approving Minor Changes to a Major Site Development Plan as provided in Section 29.1502(6). 280 12 Attachment D [placeholder for ordinance] 281 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. 282 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 283 ITEM #:58 DATE:05-14-24 DEPT:PD SUBJECT:AMENDMENT TO CHAPTER 18.7A, SPECIAL PENALTY FOR GAME DAY PARKING, TO ADD EVENTS PARKING COUNCIL ACTION FORM BACKGROUND: Municipal Code, Section 18.7A, (Special Penalty for Game Day Parking) currently authorizes an increased penalty only for illegally parked vehicles occurring on the date of Iowa State University home football games from the hours of 6:00 a.m. to midnight. The special penalty applies to all parking violations within the Game Day Parking Area except for violations of Section 18.18(1) (persons with disabilities parking). Staff has met with Iowa State about other special events coming to the Ames area, such as the planned large stadium concert occurring later this May. Staff anticipates this concert to attract attendance much like a football game in terms of parking, tailgating, etc. Staff also anticipates an increase in special events in the stadium and new CYTown areas as time goes on. Given the upcoming large concert and potential for additional similar events, staff is requesting that the Council add language to the existing ordinance to apply the Special Penalty to other special events as designated by resolution of the City Council. The following changes would amend Chapter 18.7A: 18.7A. SPECIAL PENALTY FOR GAME DAY AND SPECIAL EVENTS PARKING (1) This special penalty applies in the “Game Day and Special 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 and during other special events as designated by council resolution. However, if the 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 Special Events Parking Area except for violations of Section 18.18(1) (persons with disabilities parking). The existing signage regarding the increased Game Day parking fines is specific to football games, and would need to be modified to be more generic. Rather than replacing all these signs, staff is proposing modifying the existing signs by applying traffic-sign-quality decals. The decals cost approximately $10 each ($4,660 for the 466 signs in service). Funding for this expense will come from the Parking Fund. As the signs are replaced over time, permanent sign materials will be used. The decals would be ordered and applied over the summer. An example is attached, although it should be noted that it may not reflect the final language. 284 ALTERNATIVES: 1. Approve first reading of an ordinance to amend Chapter 18.7A, Special Penalty for Game Day Parking, to add Special Events Parking as designated by City Council Resolution. 2. Do not modify the Special Penalty for Game Day Parking. CITY MANAGER'S RECOMMENDED ACTION: The special events that will be coming to Ames in the future, including stadium concerts and events anticipated as the CYTown area develops, are expected to impact the residential areas around the stadium in the same way home ISU football games do. The increase of illegal parking around these events puts the public at risk by making it difficult for emergency vehicles to respond to medical calls, fire calls, and law enforcement calls for service. In addition, it impacts the residents of the area making it more difficult for them to travel the streets around their homes. The current ordinance has shown some success in reducing illegal parking during home ISU football games. It is anticipated this strategy will have a similar effect during other large special events by mitigating illegal parking. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Football and Events Sticker.jpg Amendment to Game Day Parking Ordinance.pdf 285 286 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 287 ITEM #:59 DATE:05-14-24 DEPT:ELEC SUBJECT:FIRST PASSAGE OF ORDINANCE AMENDING CHAPTER 28 ESTABLISHING GEOTHERMAL SERVICES AND RULES AND CHARGES THEREFORE COUNCIL ACTION FORM BACKGROUND: The City of Ames Electric Services has established geothermal wells within public utility easements in the Baker Subdivision of the city to provide low-cost, environmentally friendly, and sustainable heating and cooling to the single-family homes in that subdivision. The geothermal wells are owned and maintained by the City of Ames. The proposed ordinance commits the City to maintain the geothermal wells for a period of 50 years allowing for cost-recovery of the City’s investment as well as ongoing maintenance and repair, and costs relating to future replacement or abandonment of the wells at the end of their useful life. The geothermal wells serving the single-family lots in the Baker Subdivision are 300' deep vertical wells. The piping in the geothermal system is HDPE piping with thermally bonded joints with an expected lifespan of 50+ years. All geothermal piping, including the wells and their service lines are a minimum of 6’ below grade. In April 2023, Council authorized the Legal Department to draft an ordinance to allow the collection of charges from geothermal users and to set rules delineating ownership of geothermal service connections. The proposed ordinance commits Electric Services to maintain the geothermal wells for 50 years. Fifty years is an adequate period of time that will give future homeowners confidence to continue utilizing the geothermal wells and invest in new geothermal equipment when replacing their heating and cooling systems at the end of their useful life. In addition, the the ordinance specifies that property owner will be responsible for repairs to the geothermal service lines between the public utility easement and the building. Finally, the ordinance calls for customers to pay a $15 monthly fee to offset costs associated with initial construction of the wells, annual operation and maintenance, and costs of eventual replacement or abandonment. The separate restrictive covenants for the Baker Subdivision further require that all homes in the Baker subdivision utilize and connect to the geothermal wells serving their parcel at least through 2034 after which customers can continue to utilize the geothermal wells or choose another heating and cooling source. The City has the option to remove and abandon a well if it is not being utilized by the homeowner. ALTERNATIVES: 1. Approve the proposed of Ordinance amending Chapter 28 establishing Geothermal Services and rules and charges therefore for single-family homes in the Baker Subdivision (321 State Avenue). 2. Do not approve the proposed Ordinance and refer back to staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: 288 CITY MANAGER'S RECOMMENDED ACTION: The proposed ordinance commits the City to maintain the geothermal wells for a period of 50 years allowing for cost-recovery of the City’s investment as well as ongoing maintenance and repair, and costs relating to future replacement or abandonment of the wells at the end of their useful life. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ATTACHMENT(S): DRAFT Geothermal ordinance.pdf 289 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 28, DIVISION I, ELECTRIC AND ENACTING A NEW SECTION 28.111 THEREOF, FOR THE PURPOSE OF ESTABLISHING GEOTHERMAL SERVICES, 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 Division XI Geothermal Services as follows: “Sec. 28.111. GEOTHERMAL SERVICES The City of Ames Electric Services has established geothermal wells within public utility easements in the Baker Subdivision of the city to provide low-cost, environmentally friendly, and sustainable heating and cooling to the single-family homes in that subdivision. The geothermal wells are owned and maintained by the City of Ames and the customers will pay a monthly fee to support the initial and ongoing costs to maintain the wells. (1) Geothermal Rate Policy. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Ames to collect fees from all users who use the City’s geothermal wellfields to help cover expenses relating to initial construction, ongoing maintenance and repair, and replacement. Any fees will be placed in the Ames Electric Utility’s general fund. (2) Geothermal Utility Rates and charges. The rates and charges to consumers utilizing the City’s geothermal wells, to be billed on or after June 1, 2024 are as follows: (a) Single Customer Residential Rates. (i) Availability. The residential rate shall apply to all single-family customer accounts within the Baker Subdivision. (ii) Rate per billing period. For each monthly billing period, a residential rate customer shall be charged a rate of $15.00 per month, or a different rate if established by resolution of the City Council. (3) Ownership and Repair, Geothermal Service Connections. (a) The ongoing upkeep and maintenance of the geothermal wells will be the responsibility of the City of Ames through May 31, 2074; thereafter, the City may continue to operate the wells and charge for their use or may choose to abandon the wells at the City’s expense. If, after 10 years, a homeowner discontinues the use of the geothermal wells serving their property, the City reserves the right to abandon its geothermal wells that serve that property. At any time, the City reserves the right to abandon a well and install a new well if it is deemed necessary or convenient. (b) All service connections with the City geothermal wells shall be installed and maintained at the expense of the property to be served. Ownership of the entire service connection remains with the title holder of the property. The City is responsible for the wells and all piping 290 located within the geothermal utility easement, the homeowner is responsible for the service line located on their property, outside the geothermal utility easement. (c) Whenever any part of the geothermal service lines between public utility easement and the building served becomes out of repair, it shall be the duty of the property owner, to repair the defect, and if needed to refill the geothermal system with the proper water glycol mix. To prevent or reduce damage to public or private property, the City Manager or his designee shall, if the owner does not act to correct the defect within fourteen (14) calendar days after notice, cause the discontinuance of geothermal service to the premises. The City Manager or his designee is authorized to repair service leaks without prior notice to the property owner or tenant in emergency situations to prevent service interruption, damages, or injury to others. Any costs incurred by the city for excavation and replacement, and repair of damages to property caused by such, shall be charged to the owner, and may be assessed as a lien against the property as provided in Sections 384.62 and 364.12 Code of Iowa. 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 291 ITEM #:60 DATE:05-14-24 DEPT:P&H SUBJECT:AMENDMENT TO CHAPTER 22.31 AND CHAPTER 5.118 EXPANDING OPTION FOR WAIVERS FOR MISSING INFRASTRUCTURE IMPROVEMENT REQUIREMENTS AND AMENDING THE SUBSTANTIAL IMPROVEMENT FINANCIAL THRESHOLD COUNCIL ACTION FORM BACKGROUND: Last fall the City Council placed on the Planning Department work plan a referral to draft a zoning text amendment to Chapter 22 addressing the issue of limited development along non- residential streets with missing infrastructure. This referral was based upon an issue of cost and feasibility brought up by the Bob Schaeffer for a property they own on the unimproved street of Pullman. The City Council reviewed a staff report which included options for addressing this issue and directed staff to write language addressing development proposals on existing sites along certain unimproved non-residential streets such as Pullman Street, Carnegie Avenue, Freel Drive. Staff also indicated with the referral they would review issues for other nonconforming street conditions, waiver of sidewalks in relation to Intensive Industrial zoned sites, and the sidewalk improvements triggers related to remodeling and additions, known as Substantial Improvements. In 2015, the City of Ames established requirements that new development, as well as projects that were Substantial Improvements (building permit value of $100,000 or more) to existing sites, would be required to construct missing public improvements that would otherwise be required with new development in subdivisions. At the time, the only trigger for finishing street paving, sidewalks, streetlights, dedicate ROW, was and actual subdivision that created new lots. This left many legacy sites without a requirement to complete infrastructure that matches current requirements or fills in missing gaps. The 2015 ordinance set requirements tied to the issuance of building permits to allow for incremental improvements with new construction. The ordinance also defined limited waiver allowances to ensure improvements were constructed contemporaneously with development and not deferred for long periods of time that required tracking and monitoring by City staff and a hardship limitation of 20% of the project cost for additions and remodels, new development includes no hardship provision. On occasion, as illustrated by the Shafer situation on Pullman, the missing infrastructure on unimproved legacy streets can be substantial and not match the ability of one project to make complete improvements. These improvements can involve paving streets or installing water and sewer mains or installing sections of public improvements that create undesirable partial segments of improvement that are impracticable for small projects. In other cases, significant amounts of non- conforming rights-of-way with wide accesses and parking for properties may inhibit the ability to meet current standards, such as Sondrol Avenue. This can hinder or create excessive time and cost for property owners related to their desired improvements. As a result, projects that would otherwise occur along these unimproved or atypical streets likely won't be able to proceed. 292 The current ordinance overall has served its primary purpose well with new development completing appropriate infrastructure extensions and filling gaps. At this time Council is being asked to consider changes related to unique conditions of fully unimproved streets, atypical street ROW dimensions, and the Significant Improvement financial threshold. The proposed changes would create greater discretion for the Public Works Director to waive or defer improvements, primarily related to smaller projects. PROPOSED ORDINANCE: Chapter 22 is the Street and Sidewalks Chapter of the Ames Municipal Code and includes the Missing Infrastructure standards and process. Chapter 5 is the City's Building Code Chapter that includes the requirement to make improvements in relation to the issuance of a building permit, including the dollar value of a Significant Improvement. Unimproved and Atypical Streets The proposed changes to Section 22.31 create a new section that addresses when the Public Works Director may waive some or all of the required Public Improvements when development is proposed in relation to specific streets identified in the ordinance, i.e. Pullman, Carnegie, Edison, Freel, Cherry, Sondrol, McCormick, Flemming. The language creates a threshold for what is considered limited development by allowing the Public Works Director discretion to require public improvements if a high demand on public services is determined through review. This means, it is possible for a small project to not install and or all water main, sewer main, street paving, sidewalks, street light improvements otherwise required through a waiver by the Public Work. However, if there is a health and safety need for any of these improvements to get a building permit they can still be required. Significant Improvements City Council determined in 2015 that all types of improvements could trigger infrastructure, if the minimum building permit value exceeded $100,000. In 2015, it was estimated that only 25% of building permits exceed that value, excluding new construction of buildings. There is also a 20% hardship limitation, meaning if the improvement was $100,000 a roughly a maximum of $20,000 could be required for infrastructure as determined by the Public Works Director. Since 2015, costs have gone up for certain projects. Staff reviewed construction costs indexes of various types and found an increase in cost of 30% to 80% from 2015 to 2023. The proposed amendment includes a higher threshold for substantial improvement to existing buildings when missing sidewalk is required in all non-residential areas across the City by proposing to raise the $100,000 Substantial Improvement amount to $200,000. Staff compared this threshold to building permits issues in 2023, and surprisingly the percentage of permits in relation to the $100,000 threshold vs the $200,000 were not substantially different. Meaning, 25% of permits were still captured either way. Staff still supports raising the number in light of known increased costs in general. The changes apply to both Section 22.31 and Section 5.118. Other Waivers and Deferrals City Council The current language of Chapter 22 requires Industrial zoned properties to have a sidewalk constructed on only one side of the road, following a set of predefined rules. This system also requires that if a site borders non-industrial zoning the sidewalks are automatically required. These standards were all established well before creation of the Prairie View Industrial Park. Development on these large sites along with interspersed Agricultural zoned properties has created concerns about the sidewalk 293 requirements specifically for new business development. An example would be the first phase of Wyffels where a sidewalk deferral was approved by City Council with no security. Staff proposes to allow for consideration of II zoned properties differently that other sites due to these conditions and allow City Council approval of waiver or deferral that exceeds other authority of staff, which could then occur outside of a platting process. Staff has also added an additional option for sidewalk and shared use path deferrals for other atypical row situations are not addressed in the section above. This standard could apply to narrow rights-of-way or locations where legacy improvements may preclude sidewalk construction in the ROW or on site. An example would be Market Street that has high voltage lines in the ROW and existing site improvements may not permit adding a sidewalk. In these cases there will likely be a balancing decision about practicality of implementing the requirement related to the level of redevelopment. Overall, the changes described above grant some limited additional flexibility in regard to timing and extent of improvements. Staff believes that the proposed changes will allow property owners to make limited improvements to their properties along these streets without imposing undue cost burden relative to the size of smaller projects. The proposed amendment does maintain that all other building code, environmental and zoning standards must be met regardless of the proposal. This means that if some infrastructure is necessary to serve the site based upon the proposed project, regardless of size, the owner would still need to extend service in accordance with those requirements at their full cost. ALTERNATIVES: 1. The City Council can approve the proposed changes to Chapter 22.31 and Chapter 5.118 of the Ames Municipal Code allowing for waiver of missing infrastructure requirements on certain unimproved streets and raising the substantial improvement cost threshold. 2. The City Council can approve the proposed changes to Chapter 22.31 and Chapter 5.118 of the Ames Municipal Code allowing for waiver of missing infrastructure requirements on certain unimproved streets and maintaining the existing substantial improvement of existing buildings threshold of $100,000. 3. The City Council can propose other changes to the proposed new language in Chapter 22.31 and Chapter 5.118 and direct staff to modify the draft ordinance. 4. The City Council can decline to approve the proposed changes to Chapter 22.31 and Chapter 5.118. CITY MANAGER'S RECOMMENDED ACTION: Staff believes that the proposed waiver allowance along the streets named in the new ordinance language is adequate to allow for limited small-scape development based upon feasibility and desirability as determined by the Public Works Director. The changes apply only to the listed streets and do not address other situations that could arise related to unique conditions. Staff also believes that raising the Substantial Improvement threshold in Chapters 22.31 and Chapter 5.118 can be seen as appropriate given the current cost of construction. Changes related to atypical ROW and to the II zoning district create a clear process for a deferral or waiver with City Council approval that does not otherwise exist. 294 Therefore, it is the recommendation of the City Manager that the City Council act in accordance with Alternative #1 which is to approve the new language in Chapter 22.31 and Chapter 5.118 allowing for waiver of missing infrastructure requirements on certain unimproved streets and raising the substantial improvement cost threshold. ATTACHMENT(S): Ordinance Chapters 5 and 22.PDF 295 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 5, SECTION 5.118 AND CHAPTER 22, SECTION 22.31 THEREOF, FOR THE PURPOSE OF AMENDING INFRASTRUCTURE REQUIRED FOR MODIFIED IMPROVEMENT REQUIREMENTS FOR NON- RESIDENTIAL STREETS 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 5.118 and Section 22.31 as follows: “Sec. 5.118. INFRASTRUCTURE TO BE INSTALLED. *** (4)Definitions: For purposes of this section, the following definition shall be used. (a)Substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a principle building, the cost of which has a value of $200,000 or more. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building Official and that are the minimum necessary to assure a safe living condition. The term also does not include improvements to the site or to an accessory structure. *** Sec. 22.31. INFRASTRUCTURE REQUIRED. *** (6)Modified Improvement Requirements for Non-Residential Streets The Public Works Director shall have the discretion to waive some or all of the required public improvements along the following named streets within this section when it is determined the improvement is infeasible or as a result there will be an undesirable partial segment of improvement along the frontage: Carnegie Avenue Cherry Avenue Edison between Whitney Avenue and Carnegie Avenue Flemming Avenue between East Lincoln Way and the Ames City Limits Freel Drive Pullman Street between Carnegie Avenue and Whitney Avenue Sondrol Avenue and McCormick Avenue (a) The extent to which Public Improvements can be waived will depend upon the individual project proposed. In cases where Development presents a significant increase in demand for public services installation of some or all public improvements will be required. If the proposed development is a low intensity development, the Public Works Director will determine whether some or none of the public improvements are required. (b) All zoning, building, fire code and all other City standards as well as local and state environmental standards will apply to any proposed development on a site along the streets identified in this section. 296 (c) City Council may approve additional infrastructure waivers or deferral agreements, with or without financial security, for properties within the Intensive Industrial Zoning District and for previously developed properties abutting atypical right-of-way widths and improvements, such as high voltage transmission lines and on-street parking, that may preclude the construction of a sidewalk or shared use path as required by this ordinance. (6)(7) Definitions: For purposes of this section, the following definitions shall be used. (a)Satisfactory condition means in a state of good repair meeting the adopted standards of the City, such as Statewide Urban Design and Specifications (SUDAS). (b)Substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a principle building, the cost of which has a value of $200,000 or more. The term does not, however, include any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Building Official and that are the minimum necessary to assure a safe living condition. The term also does not include improvements to the site or to an accessory structure. ***” 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 297 ITEM #:61 DATE:05-14-24 DEPT:W&PC SUBJECT:SANITARY SEWER RATE ADJUSTMENT COUNCIL ACTION FORM BACKGROUND: Chapter 28, Division III of the Ames Municipal Code contains the following passages related to sewer rates. Sec. 28.301. SEWER RATE POLICY. It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the City of Ames to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining, and retiring the debt for such public wastewater treatment works. Sec. 28.303. USE OF RATE REVENUE. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. Sec. 28.304. SEWER RATES ESTABLISHED (7) The City will review the user charge system at least every three years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users. Each year as a part of the annual budget process, staff updates a spreadsheet model for the Water and Sewer Funds that reflect current and projected operating and capital expenses for the utilities over the next ten years, and the resulting annual ending fund balance in each of the funds. This model is used to establish a long-range pattern of rate increases that will fully finance these self-funded enterprise utilities, including a 25% operating reserve. During the development of the FY 24/25 budget, staff determined that a seven percent (7%) increase to sewer rates would be needed, effective July 1, 2024. Staff provided an informational presentation at the March 26, 2024 City Council meeting. The attached ordinance would implement the recommendation for a 7% increase. Please note that Slide #30 in the handouts provided on March 26 was incorrect and has been revised in the attachment to this document. 298 ALTERNATIVES: 1. Approve on second reading an ordinance that increases sanitary sewer rates by seven percent (7%) effective for bills due on or after July 1, 2024. 2. Direct staff to make modifications to the rate ordinance to enact some alternate rate adjustment. 3. Do not take any action to adjust sanitary sewer rates and give staff direction on expenditure reductions in order to maintain a positive Sewer Fund balance. CITY MANAGER'S RECOMMENDED ACTION: The proposed rate increases are necessary to fund the on-going operations and maintenance budget plus the anticipated capital improvements projects. The recommendation is part of a consistent, predictable pattern of rate increases projected over the next ten years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving on second reading an ordinance that increases sewer rates by seven percent (7%) effective for bills due on or after July 1, 2024. ATTACHMENT(S): Ordinance Sewer Rates.pdf 299 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 28.304(3) THEREOF, FOR THE PURPOSE OF INCREASING SEWER RATES ESTABLISHED, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THEEXTENT 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 28.304(3) as follows: “Sec. 28.304. SEWER RATES ESTABLISHED. … (3) For each monthly billing on or after July 1, 2022 2024, each customer shall be charged a minimum monthly charge. The minimum charge for each location shall be twelve thirteen dollars and sixteen one cents ($12.16 13.01). The minimum monthly charge may be prorated, based on a 30-day billing period, for the customer’s initial and/or final bills, provided that in no case shall the prorated minimum monthly charge be less than four five dollars and sixty-seven cents ($4.67 5.00). In addition, for all water metered beginning with the first cubic foot each month, each user shall pay three dollars and eleven thirty- three cents ($3.1133) per 100 cubic feet. …” 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 300 ITEM #:62 DATE:05-14-24 DEPT:LEGAL SUBJECT:APPOINTMENT CRITERIA FOR BOARDS AND COMMISSIONS COUNCIL ACTION FORM BACKGROUND: The City has a variety of boards and commissions to assist with advising regarding policies and administration, as well as to perform quasi-judicial functions. Five of the existing boards/commissions have ordinances that specifically prohibit City staff from serving on the board/commission: Building Board of Appeals, Parks and Recreation Commission, Planning and Zoning Commission, Property Maintenance Appeals Board, and the Public Nuisance Appeals Board. The rest do not have guidance regarding the appointment of employees. This can create confusion to applicants and to City staff in attempting to determine whether a potential applicant is eligible. Additionally, the opportunity arises for a potential conflict of interest or for conflicting supervisory-subordinate relationships if City employees are permitted to be on a City board or commission. There is at least one instance where a City employee is required to serve on a City board: the City Manager is named specifically as an appointee to the Transit Board of Trustees. Therefore, any overarching prohibition on City employees serving on boards or commissions needs to include exceptions for individuals required by statute or ordinance to serve on the board/commission. At the March 26, 2024 meeting, the City Council directed the City Attorney to prepare an ordinance prohibiting City employees from holding or being appointed to a position on a City board or commission, except where required by statute or ordinance. An ordinance has been prepared and is attached. ALTERNATIVES: 1. Approve first reading of the attached ordinance prohibiting City employees from serving on City boards and commissions. 2. Direct staff to make modifications to the proposed ordinance. 3. Do not approve the ordinance on first reading. CITY MANAGER'S RECOMMENDED ACTION: The City's various boards and commissions handle a variety of matters related to City business. Employment by the City can create a conflict of interest for board/commission members. It is clear that several commissions have existing ordinances to address this potential situation, but there is not a uniform standard for all City boards and commissions. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Ordinance No City Employee Appt.pdf 301 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 2, SECTION 2.10, FOR THE PURPOSE OF AMENDING APPOINTMENTS TO ADMINISTRATIVE AGENCIES, BOARDS AND COMMISSIONS, 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 as follows: “Sec. 2.10. APPOINTMENTS TO ADMINISTRATIVE AGENCIES, BOARDS AND COMMISSIONS. *** (5) No City employee shall be appointed to or serve on any City administrative agency, board, or commission, except where required by statute or ordinance. ***” 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 302