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HomeMy WebLinkAbout~Master - April 9, 2024, Regular Meeting of the Ames City Council1.Proclamation for "National Library Week," April 7-13, 2024 2.Proclamation for "Fair Housing Month," April 2024 3.Motion approving payment of claims 4.Motion approving Summary of Minutes of Regular City Council Meeting on March 26, 2024 5.Motion approving Report of Change Orders for period March 16-31, 2024 6.Motion approving Civil Service Candidates 7.Motion approving new 5-day (April 13 - April 17, 2024), Special Class C Retail Alcohol License - Mucky Duck Pub, (1400 South 4th Street) 8.Motion approving new Class C Retail Alcohol License - El Jefe Mexican Cuisine, 524 Lincoln Way, Pending Favorable DIA Inspection 9.Motion approving new Class C Retail Alcohol License - Wasabi Somerset, 2707 Kent Avenue, Pending Favorable DIA Inspection 10.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Cyclone Experience Network, (1705 Center Drive-Hilton Coliseum), Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Perfect Games, (1320 Dickinson Avenue), Class C Retail Alcohol License with Catering Privilege and Outdoor Service c. Provisions Lot F, (2400 North Loop Drive), Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Hy-Vee Fast and Fresh #2, (636 Lincoln Way), Class E Retail Alcohol License e. Cinemark Movie 12, (1317 Buckeye Avenue), Class C Retail Alcohol License 11.Resolution approving exception to Section 22.32(c)(2)(v) to allow alcohol service in Sidewalk Café at Della Viti, 323 Main Street, Suite 102 12.Resolution approving request from Good Neighbor Emergency Assistance to close Clark Avenue between 6th and 7th Street from 1:00 p.m. - 8:00 p.m. on Sunday, May 19, 2024 for the Annual Street Party Celebration 13.Utility Easements for Creekside Townhomes with the Baker Subdivision at 3216 Tripp Street a. Resolution approving Easement Reservation (Storm Water Drainage) b. Resolution approving Easement Reservation (Public Utilities Lot 27) AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL APRIL 9, 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 14.Resolution approving the Cash Rent Farm Lease Agreement with Donald Uthe to farm 20.05 acres in the future park at 5658 Ontario Street 15.Request for Greek Week Olympics, Saturday, April 13, 2024, with April 14, 2024, as rain date a. Motion approving blanket Temporary Obstruction Permit for the closed area b. Resolution approving the closure of Ash Avenue, Lynn Avenue, Sunset Drive, Gray Avenue, Greeley Street, and Pearson Avenue from 7:00 a.m. to 5:00 p.m. on April 13, 2024 16.Resolution Setting April 23, 2024, as the date of public hearing to consider adoption of Fiscal Year 2023/24 Adjusted Budget and Fiscal Year 2024/25 Budget 17.Resolution awarding contract to Terracon Consultants, Inc. for Construction Materials Testing and Inspection Services for the Fitch Family Indoor Aquatic Center Project in the amount of $89,338 18.Resolution awarding contract to Automatic Systems Company of Ames, Iowa for Water Plant SCADA, Networking, Access Control, And Surveillance Updates 19.Resolution approving Change Order #1 with Tri-City Electric Company for the Switchgear Routine Maintenance Services 20.Resolution approving contract and bond for the 2021/22 Stormwater Detention/Retention Maintenance Program (Northridge Heights Pond) with Tallgrass Land Stewardship Company of Waukee, Iowa 21.Resolution approving contract and bond for the 2023/24 Arterial Street Pavement Improvements with All Star Concrete, LLC, of Johnston, Iowa 22.Resolution approving contract and bond for the 2023/24 Concrete Pavement Improvements - Prairie View with Con-Struct, Inc., of Ames, Iowa 23.Resolution approving contract and bond for the 2023/24 Intelligent Transportation System (Phase 3) with Van Maanen Electric, Inc., of Newton, Iowa 24.Resolution approving contract and bond for the Ash Pond Closure and RDF Ash Pond Construction with JB Holland Construction, Inc., of Decorah, Iowa 25.Staff Report on Sidewalk Safety Program 26.Request for Accommodation for Kiwanis Trailer at 803 & 919 E. Lincoln Way 27.Plats of Survey for Rural Boundary Line Adjustments within Boone County a. Resolution approving 79.85 acres at the southwest corner of 220th Street and X Avenue b. Resolution approving 166.21 acres on the north side of 220th Street between W Avenue and X Avenue 28.Proposed 2024-29 Consolidated Plan Five Year Goals and 2024-25 Annual Action Plan Projects for Community Development Block Grant (CDBG) and Home Programs a. Resolution approving draft goals for the 2024-29 proposed Five-Year Consolidated Plan and 2024-25 Annual Action Plan projects 29.City-wide Urban Revitalization Area Designation and Plan a. Resolution of Conformity to Iowa Code 404 and approve the URA Plan b. Approve Ordinance for the City-wide Designation of the URA 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. PUBLIC WORKS : PLANNING AND HOUSING: HEARINGS: 2 30.Hearing on sale of Mary Greeley Medical Center property at 2310 E 13th Street a. Resolution approving sale of property at 2310 E 13th to Hunziker Construction Services, Inc. in the amount of $470,000 31.First 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 32.Appointment Criteria for Boards & Commissions a. First Reading of Ordinance 33.Participation with agencies, boards, and commissions: a. Ames Convention and Visitors Bureau (ACVB) b. Ames Economic Development Commission (AEDC) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY : COUNCIL COMMENTS: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 3 To:Mayor and City Council From:City Clerk's Office Date:April 5 2024 Subject:Approval of Mintues Item No. 4 MEMO Attached are the minutes for the Regular City Council Meeting held on March 26, 2024. /cmw ATTACHMENT(S): C24-0326 Summary.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 4 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 26, 2024 CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 6:00 p.m. on the 26th day of March, 2024. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Anita Rollins, City of Ames; and Bill Zinnel, Boone County Board of Supervisors. DRAFT FY 2025 TRANSPORTATION PLANNING WORK PROGRAM: Transportation Planner Kyle Thompson reviewed the FY 2025 Transportation Planning Work Program. Moved by Beatty-Hansen, seconded by Corrieri, to approve the Draft FY 2025 Transportation Planning Work Program: setting May 28, 2024, as date of Public Hearing. Vote on Motion: 7-0. Motion declared carried unanimously. Iowa State University Student Government Vice President Quinn Margrett joined the meeting at 6:03 p.m. on behalf of Jeff Clark, Transit Board. HEARING ON FINAL FFY 2025-2029 PASSENGER TRANSPORTATION PLAN: Transportation Planner Thompson presented the FFY 2025-2029 Passenger Transportation Plan, highlighting the changes that had been made since the draft was presented to the Committee. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 24-161 approving the Final FFY 2025-2029 Passenger Transportation Plan. Vote on Motion: 8-0. Resolution declared adopted unanimously, signed by the Chair, and hereby made a portion of these minutes. COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn at 6:05 p.m. Vote on Motion: 8-0. Motion declared carried unanimously. REGULAR MEETING OF THE AMES CITY COUNCIL The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:10 p.m. on the 26th day of March, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria 5 2 Betcher, Amber Corrieri, Tim Gartin, and Anita Rollins. Iowa State University Student Government Vice President Quinn Margrett was also present on behalf of ex officio Jeff Clark. Council Member Rachel Junck was absent. PRESENTATION ON STORY COUNTY COMMUNITY FOUNDATION: Story County Community Foundation Executive Director Karin Sevde and Director of Donor Relations and Development Daryle Vegge provided the presentation and discussed the impact of the foundation on the community. CONSENT AGENDA: Moved by Corrieri, seconded by Betcher, to approve the consent agenda. 2. Motion approving payment of claims 3. Motion approving Summary of Minutes of Regular City Council Meeting on March 12, 2024 4. Motion approving Report of Change Orders for period March 1-15, 2024 5. Motion approving Ownership Updates for Class E Retail Alcohol License - Wal-Mart Store #749, 3105 Grand Avenue 6. Motion approving new 5-Day (April 16 - April 20, 2024) Special Class C Retail Alcohol License - Apres Bar Co., 2321 North Loop Drive 7. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Dangerous Curves, (111 5th Street), Class C Retail Alcohol License b. Cornbred BBQ, (526 Main Street Suite 106), Class C Retail Alcohol License with Outdoor Service and Catering Privilege c. Brick City Grill, (2640 Stange Road), Class C Retail Alcohol License with Outdoor Service 8. Motion approving revisions to City's Street Banner Policy adding 20 new poles at 2 banners per pole on Airport Road between University Boulevard and Riverside Drive 9. RESOLUTION NO. 24-136 approving accession of a sculpture for Neighborhood Sculpture Program 10. Appointment Criteria for Boards and Commissions: a. Motion Directing City Attorney to Draft Ordinance 11. RESOLUTION NO. 24-137 approving appointments to Property Maintenance Appeals Board and Zoning Board of Adjustment 12. RESOLUTION NO. 24-138 approving and adopting Supplement No. 2024-2 to the Municipal Code 13. RESOLUTION NO. 24-139 setting date of public hearing for April 9, 2024 for the sale of Mary Greeley Medical Center property at 2310 E. 13th Street to Hunziker Construction Services, Inc. for $470,000 14. RESOLUTION NO. 24-140 extending the approval of the Major Site Development Plan for Apartment Buildings Located at 913 & 915 Duff Avenue 15. RESOLUTION NO. 24-141 approving contract renewal to Ames Trenching & Excavating, of Ames, Iowa, for Emergency Utility Repair and Other Services Contract 16. RESOLUTION NO. 24-142 awarding contract to Trivista Companies of Altoona, Iowa, for the purchase of four tandem axle truck chassis for Public Works snowplow dump trucks 6 3 17. RESOLUTION NO. 24-143 approving preliminary plans and specifications for Installation of Geothermal Wells for Multi-Family Housing units on Lot 27, in Baker Subdivision, setting April 17, 2024 as due date for bids, and setting April 23, 2024 as date of public hearing and award of contract. 18. RESOLUTION NO. 24-144 approving Change Order No. 2 in the amount of $60,000 to Flowserve Corporation, Chicago, Illinois, for Unit 7 Boiler Feedwater Pump No. 2 Inspection and Repair Project 19. RESOLUTION NO. 24-145 approving Change Order No. 4 in the amount of $60,946.04 to LinnCo, Inc., of Sartell, Minnesota, for Old Water Plant Demolition 20. RESOLUTION NO. 24-146 approving contract and bond for 2021/22 Storm Water Erosion Control (Bloomington Waterway Channel and Bank Stabilization) and 2021/22 Stormwater Quality Improvements with Con-Struct, Inc., of Ames, Iowa 21. RESOLUTION NO. 24-147 approving contract and bond for 2023/24 Campustown Public Improvements with Con- Struct, Inc., of Ames, Iowa 22. RESOLUTION NO. 24-148 approving contract and bond for 2023/24 Collector Street Pavement Improvements with Con-Struct, Inc., of Ames, Iowa 23. RESOLUTION NO. 24-149 approving contract and bond for 2023/24 Pavement Restoration - Slurry Seal Program with Fort Dodge Asphalt Company of Fort Dodge, Iowa 24. RESOLUTION NO. 24-150 approving contract and bond for Roof Replacement at the Power Plant with Central States Roofing of Ames, Iowa Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Jeff Witt, Vice President of Ames Golden K Kiwanis, shared the contributions made to the Ames community through the funds raised at the paper recycling station located off of East Lincoln Way in Ames and encouraged the City Council to support the continued operation of the site as Kiwanis members worked with City staff to bring the site into compliance. Mayor Haila closed the Public Forum when no one else came forward to speak. GEOTHERMAL EASEMENT AGREEMENTS FOR BAKER SUBDIVISION: Director of Electric Services Donald Kom engaged with questions from the City Council regarding the easement agreements. Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-151 Approving Geothermal Easement Agreements for Baker Subdivision. Roll Call Vote: 4-0-1, Gartin abstaining due to conflict of interest. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COMBUSTION TURBINE FUEL OIL PIPE INSTALLATION PROJECT: Director Kom reviewed the project completion and balancing change order. 7 4 Moved by Betcher, seconded by Rollins, to reconsider March 12, 2024, action of the City Council to accept project as completed by Modern Companies, Inc. of Cedar Rapids, Iowa, in the amount of $472,756.43. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-152 approving balancing Change Order No. 3, a deduction in the amount of ($13,701.37). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 24-153 accepting Combustion Turbine Fuel Oil Pipe Installation project as completed by Modern Companies Inc., of Cedar Rapids, Iowa, in the amount of $459,054.06. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. TEXT AMENDMENTS FOR HOUSING DEVELOPMENT AND SUBDIVISION STANDARDS, AND GENERAL ZONING STANDARDS FLEXIBILITY: Planning and Housing Director Kelly Diekmann presented the Staff Report and engaged in questions from the City Council alongside Municipal Engineer Tracy Peterson. The Public Input regarding the Conservation Ordinance was opened by Mayor Haila. Dr. Jim Pease, President of the Friends of Ada Hayden, discussed the importance of the Conservation Ordinance and urged the City Council to protect the water source at Ada Hayden. The Public Input regarding the Conservation Ordinance was closed by Mayor Haila when no one else came forward to speak. After a robust discussion, the City Council agreed with the recommendation from staff to assess the impact of the following changes to the Conservation Ordinance standards: • Buffer around stormwater conveyance or wetlands rather than 80% of lots abutting open space. • Protect historical or jurisdictional wetlands instead of all wetlands and poorly graded areas. • Remove “usable” component of open space requirements; focus on protecting, rather than both protecting and creating a usable space. • Reduce the 25% open space requirement to 10%; this can be accomplished while still protecting Ada Hayden. • Change outlook on mass grading when there are no natural features to enhance or protect because the land being developed is flat farm ground. • Subdivision design: allow staff flexibility of street block lengths and allowing cul-de- sacs; this allows irregular pieces of land to be more efficiently developed. 8 5 The City Council also engaged in conversations regarding State legislative changes that would impact the City’s authority to regulate stormwater to a higher level then authorized by the State. Municipal Engineer Peterson highlighted the opportunity to hire a consultant for further analysis. Moved by Gartin, seconded by Beatty-Hansen, to request staff develop a plan for hiring a consultant to assist in the evaluation of the merits of changes to the Conservation Ordinance. Vote on Motion: 5-0. Motion declared carried unanimously. Assistant City Manager Brian Phillips stated that staff would develop a scope and timeline for the process, along with a description of the services that the consultant would provide, to present to the City Council at a future meeting. Director Diekmann concluded the presentation of the Staff Report with the review of zoning and development standards flexibility. Mayor Haila opened and closed the Public Input regarding the zoning and development standards flexibility when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to grant staff the 20% flexibility allowance as requested. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Corrieri, to request staff include a Zoning Ordinance update as part of the Planning and Housing work plan for future consideration. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to direct staff to initiate a change to the PUD overlay for front door orientation. Vote on Motion: 5-0. Motion declared carried unanimously. DEVELOPMENT AGREEMENT FOR A LOW-INCOME HOUSING TAX CREDIT (LIHTC) APPLICATION FOR MULTI- FAMILY HOUSING DEVELOPMENT WITHIN BAKER SUBDIVISION: Housing Coordinator Vanessa Baker-Latimer presented the amendment to the Option Agreement. Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 24-154 approving amendment to the Option Agreement for the sale of Lot 27 to Townhomes At Creekside, LLP (Affiliated with Hatch Development Group) in conjunction with a Development Agreement for a Low-Income Housing Tax Credit (LIHTC) application for Multi- Family Housing Development within Baker Subdivision. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. UPDATE ON PARKS AND RECREATION PROJECT PLAN: Parks and Recreation Director Keith Abraham provided the update. 9 6 AMES/ISU ICE ARENA RADIANT HEATING REPLACEMENT PROJECT: Director Abraham presented the Council Action Form (CAF). Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 24-155 directing staff to reallocate $75,000 of Ice Arena CIP funding from the Women's Locker Room Project to the Radiant Heating Replacement Project. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR 3216 TRIPP STREET (CREEKSIDE TOWNHOMES): Planner Justin Moore reviewed the Major Site Development Plan. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-156 approving Major Site Development Plan. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON MAJOR SITE DEVELOPMENT PLAN FOR 210 SOUTH 5TH STREET (BOYS & GIRLS CLUB OF AMES): Planner Moore presented the Major Site Development Plan and discussed staff’s analysis of the floodway. The Public Hearing was opened by Mayor Haila. Judge Johnson, Development Director of the Boys and Girls Club of Story County, shared the facility improvements planned and the program expansion expected in order to better support the youth of Ames and Story County. The Public Hearing was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-157 approving Major Site Development Plan. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2023/24 INTELLIGENT TRANSPORTATION SYSTEM PROGRAM (PHASE 3): 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: 5-0. Motion declared carried unanimously. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 24-158 approving final 10 7 plans and specifications and awarding contract to Van Maanen Electric, Inc., of Newton, Iowa, in the amount of $1,817,416.71. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON PROPOSAL TO ENTER INTO AN ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION LOAN AGREEMENT TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000: Finance Director Corey Goodenow presented the CAF. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 24-159 taking additional action on proposal to enter into a General Obligation Loan Agreements, combining Loan Agreements, and providing for the levy of taxes to pay General Obligation Purpose Bonds, Series 2024A. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PRESENTATION ON FY 2024/25 SANITARY SEWER RATE INCREASE: Director of Water and Pollution Control John Dunn detailed the presentation on the proposed sewer rate increase for FY 2024/25. CENTRAL IOWA PRIORITY CLIMATE ACTION PLAN IMPLEMENTATION FUNDING: Assistant City Manager Pa Goldbeck reviewed the CAF. Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 24-160 authorizing the Mayor to sign a Letter of Support to Polk County, Iowa for the Central Iowa Priority Climate Action Plan Implementation funding through Phase II of the US Environmental Protection Agency Carbon Pollution Reduction Grant in the amount of $49,999,999. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. THIRD READING AND ADOPTION OF ORDINANCE NO. 4523 AMENDING CHAPTER 28 SECTION 28.106 OF AMES MUNICIPAL CODE REGARDING COMMERCIAL ELECTRIC VEHICLE CHARGING RATE: Moved by Betcher, seconded by Rollins, to adopt on third reading ORDINANCE NO. 4523 amending Chapter 28 Section 28.106 of Ames Municipal Code regarding Commercial Electric Vehicle Charging Rate. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4524 TO AMES MUNICIPAL CODE CHAPTER 29 (ZONING ORDINANCE) TO ALLOW TWO- FAMILY (DUPLEX) DWELLINGS IN SINGLE FAMILY AND OTHER RESIDENTIAL ZONING DISTRICTS: Moved by Betcher, seconded by Beatty-Hansen, to adopt on third reading ORDINANCE NO. 4524 to Ames Municipal Code Chapter 29 (ZONING ORDINANCE) to allow Two-Family (DUPLEX) Dwellings in Single Family and Other 11 8 Residential Zoning Districts. Roll Call Vote: 5-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were eight items to consider. The first item was from Joyce Matters regarding a request for yard waste removal exemption. Moved by Betcher, seconded by Beatty-Hansen, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. The Play Ames Final Report submitted by Dr. Alenka Poplin, ISU Community and Regional Planning Department, was the second item for consideration. Mayor Haila noted that it was for information only. The third and seventh items regarded increased train noise near Ames High School. Assistant City Manager Phillips noted that he would ensure the memo from staff was communicated to the author of the original request. An inquiry from Phil Bohnenkamp regarding garbage collection zone plan was the fourth item to consider. Moved by Gartin, seconded by Corrieri, to request that staff respond with a status update. Vote on Motion: 5-0. Motion declared carried unanimously. The fifth item was from Michael T. Scott of SB&A Architects concerning an Amendment to the Downtown Service Center Zoning Ordinance. Moved by Betcher, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. A memo from Chief of Police Geoff Huff regarding special penalty for game day parking and special events was the sixth item. Moved by Beatty-Hansen, seconded by Corrieri, to place the item on a future agenda. Vote on Motion: 5-0. Motion declared carried unanimously. The final item was from Director Diekmann concerning a request for accommodation for the Kiwanis paper recycling trailer at 803 & 919 E Lincoln Way. Moved by Gartin, seconded by Rollins, to place the item on a future agenda. Vote on Motion: 5-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events 12 9 attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 8:45 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk’s Office at 515-239-5105. 13 To:Mayor & City Council From:City of Ames Purchasing Division Date:April 9, 2024 Subject:Report of Contract Change Orders Item No. 5 MEMO The Report of Change Orders for period March 16-31, 2024, is attached for your review and consideration. /cmw ATTACHMENT(S): Change Order Report - March 16-31, 2024.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 14 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) Transit CyRide 2023 Shop Rehabilitation 1 $390,165.00 R.H. Grabau Construction $0.00 $2,356.20 J. Rendall AM Transit CyRide 2023 Shop Rehabilitation 2 $390,165.00 R.H. Grabau Construction $2,356.20 $1,842.12 J. Rendall AM Transit CyRide 2023 Shop Rehabilitation 3 $390,165.00 R.H. Grabau Construction $4,198.32 $4,895.74 J. Rendall AM $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:March 2024 For City Council Date:April 9, 2024 15 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA MARCH 28, 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, Mike Crum, and Kim Linduska present. Chairperson Kim Linduska called the meeting to order at 8:17 AM on March 28, 2024. Also in attendance was Commission Clerk, Vicki Hillock and Human Resources Director, Bethany Ballou. APPROVAL OF MINUTES OF FEBRUARY 22, 2024: Moved by Pike, seconded by Crum, to approve the Minutes of the February 22, 2024, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Crum, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: POLICE OFFICER Daniela Rainford 89 Garrett Daughton 86 Eibhlis M Naftzger 83 Amber Benway 82 Joseph Meyer 76 Brooklyn Stark 75 WPC Plant Operator Joseph Dwyer 82 David Hunsicker 81* Mark Rogers 76 Matt Hammond 70 *Includes preference points Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME AND EXHAUST PUBLIC SAFETY DISPATHCER LIST: Moved by Pike, seconded by Crum to remove name and exhaust the Public Safety Dispatcher entry- level certified list. REQUEST TO REMOVE NAME AND EXHAUST TREATMENT PLANT MAINTENANCE WORKER: Moved by Linduska, seconded by Pike to remove name and exhaust the Treatment Plant Maintenance Worker entry-level certified list. COMMENTS: The next Regular Meeting will be held telephonically or in-person, depending on weather, on Thursday, April 25, 2024, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:26 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 16 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:April 9, 2024 Subject:Motion Approving New 5-Day Special Class C Retail Alcohol License - Mucky Duck Pub, (1400 South 4th Street) Item No. 7 MEMO Please see the attached documentation for a Motion approving new 5-day (April 13 - April 17, 2024), Special Class C Retail Alcohol License - Mucky Duck Pub, (1400 South 4th Street). ATTACHMENT(S): Mucky Duck Ren. Fair.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 17 Page 1 of 2 Applicant NAME OF LEGAL ENTITY MUCKY DUCK PUB, L. L. C. NAME OF BUSINESS(DBA) Mucky Duck Pub BUSINESS (515) 249-0553 ADDRESS OF PREMISES 1400 South 4th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 4119 Northeast Hillcrest Court CITY Ankeny STATE Iowa ZIP 50021 Contact Person NAME Lee Ballard PHONE (515) 249-0553 EMAIL leehauntedforest@aol.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Outdoor Service 18 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 Marcus Johnson Ames Iowa 50010 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Feb 12, 2024 POLICY EXPIRATION DATE Feb 12, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 19 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:April 9, 2024 Subject:Motion approving new Class C Retail Alcohol License - El Jefe Mexican Cuisine LLC, 524 Lincoln Way Item No. 8 MEMO Please see the attached documentation for Motion approving new Class C Retail Alcohol License - El Jefe Mexican Cuisine, 524 Lincoln Way, Pending Favorable DIA Inspection. ATTACHMENT(S): El Jefe Mexican Cusisine LLC.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 Page 1 of 2 Applicant NAME OF LEGAL ENTITY EL JEFE MEXICAN CUISINE LLC NAME OF BUSINESS(DBA) El Jefe Mexican Cuisine LLC BUSINESS (515) 868-8626 ADDRESS OF PREMISES 524 Lincoln Way PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 524 Lincoln Way CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Salma Silva PHONE (515) 868-8626 EMAIL salma.silva@inmobiliariadsm.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Status of Business 21 Page 2 of 2 BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Delfino Santos Des Moines Iowa 50320 Owner 100.00 No Insurance Company Information INSURANCE COMPANY Auto Owners Insurance Company POLICY EFFECTIVE DATE Apr 1, 2024 POLICY EXPIRATION DATE Apr 1, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 22 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:April 9, 2024 Subject:New Class C Retail Alcohol License - Wasabi Somerset, 2707 Kent Avenue Item No. 9 MEMO Please see the attached documentation for Motion approving new Class C Retail Alcohol License - Wasabi Somerset, 2707 Kent Avenue, Pending Favorable DIA Inspection. ATTACHMENT(S): Wasabi Somerset Liquor Application.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 23 Page 1 of 2 Applicant NAME OF LEGAL ENTITY WASABI 666 LLC NAME OF BUSINESS(DBA) Wasabi somerset BUSINESS (515) 441-6490 ADDRESS OF PREMISES 2707 Kent AvenueSomerset PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 2707 Kent AvenueSomerset CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Lu Li PHONE (515) 441-6490 EMAIL lilu@wasabidsm.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Pending Dramshop Review TENTATIVE EFFECTIVE DATE Mar 15, 2024 TENTATIVE EXPIRATION DATE Mar 14, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License 24 Page 2 of 2 PRIVILEGES Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Lu Li Ames Iowa 50010 Owner 33.33 No Jay Wang Waukee Iowa 50263 Owner 33.33 Yes Wenhui Chen Johnston Iowa 50131 Owner 33.33 No Insurance Company Information INSURANCE COMPANY Selective Insurance Company of America 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 25 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:March 24, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 10 MEMO Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Cyclone Experience Network, (1705 Center Drive-Hilton Coliseum), Class C Retail Alcohol License with Catering Privilege and Outdoor Service, Pending Dramshop Review b. Perfect Games, (1320 Dickinson Avenue), Class C Retail Alcohol License with Catering Privilege and Outdoor Service c. Provisions Lot F, (2400 North Loop Drive), Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Hy-Vee Fast and Fresh #2, (636 Lincoln Way), Class E Retail Alcohol License e. Cinemark Movie 12, (1317 Buckeye Avenue), Class C Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for the above businesses. In addition, an inquiry was sent to Iowa State Police Department, and they reported no liquor law violations at Cyclone Experience Network for the past 12 months. Therefore, the Ames Police Department recommends the license renewal for these businesses. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 26 ITEM #:11 DATE:04-09-24 DEPT:ADMIN SUBJECT:REQUEST FROM DELLA VITI, 323 MAIN STREET, TO ALLOW ALCOHOL SERVICE AT A SIDEWALK CAFE COUNCIL ACTION FORM BACKGROUND: In 2017, the City Council adopted new regulations regarding Sidewalk Cafés. These regulations allow for alcohol service in certain circumstances. Establishments that, under Section 17.16 of Municipal Code, may allow minors on the premises, are permitted to serve alcohol at their sidewalk cafés without prior special approval. These applications are approved by staff as long as the applicant obtains the appropriate Outdoor Service Privilege for its license. Establishments that are not allowed to have minors on the premises under Section 17.16 of Municipal Code must request approval from the City Council to serve alcohol at their sidewalk cafés. Della Viti (323 Main Street) has submitted a request to implement a sidewalk café and serve alcohol at it. This establishment has received Council approval to operate a sidewalk café with alcohol sales annually since the 2017 sidewalk café season. Della Viti has a Class C Liquor License and, because a majority of its sales come from selling alcoholic beverages, may not have minors on the premises according to Section 17.16 of Municipal Code. Therefore, approval from the City Council is required to allow alcohol service at its proposed sidewalk café. The sidewalk café regulations call for the City Council to consider requests from establishments in Della Viti’s situation on a case-by-case basis. The Code specifies that the City Council shall consider the following factors when presented with a request: 1. Site Conditions – Della Viti’s proposed site is open and unobstructed by existing street furniture, utility accesses, or other equipment. The proposed sidewalk café will utilize four tables and will take up five and a half feet of the 13-foot sidewalk. There is a large window in the front of the establishment that will allow staff to monitor the entire sidewalk café from inside the building. Della Viti has indicated a staff person will be dedicated to monitoring the sidewalk café. 2. Compliance History/Staff Training – A review of Police records indicates no liquor or nuisance violations in the past at Della Viti. The applicant has stated that in-house training continues to be conducted with staff when they are hired, which includes ID checking. Additionally, it is a policy to take IDs from every patron who enters the premises in exchange for a card which operates the wine-dispensing system. 3. Other Factors the Council Deems Relevant – During the review of previous requests from Della Viti, the City Council did not identify other factors to consider when weighing whether to grant approval for requests of this type. Should the City Council have specific concerns, staff could request additional information from the applicant before the Council moves forward with approving or denying the request. In addition to the above three specific issues, the Council must take into consideration with this request that the Municipal Code requires that any sidewalk café at which alcohol is served must operate with additional restrictions compared to those where alcohol is not served. The additional, required restrictions that would apply to Della Viti are: 27 Patron ingress and egress shall be controlled and continually monitored by staff No alcoholic beverages may be sold or served later than 10 p.m. Patrons may not consume outside beverages on the premises Finally, the Municipal Code empowers the City Council to impose special conditions on any sidewalk café granted an exception to dispense alcohol if it feels such restrictions are appropriate. No conditions were imposed by the Council in granting previous approvals for Della Viti. Upon staff review of the application materials, the application appears complete and in order. Della Viti’s current Outdoor Service Privilege is valid through June 17, 2024. Because holding the appropriate liquor control license is a pre-requisite to allow alcohol service at a sidewalk café, Council approval of Della Viti’s request to serve alcohol must be made subject to maintaining an Outdoor Service Privilege if it would like to continue providing alcohol service at its sidewalk café during the second half of the 2024 Sidewalk Café season. ALTERNATIVES: 1. Approve the request from Della Viti to allow alcohol service at its sidewalk café during the 2024 sidewalk café season, subject to Della Viti maintaining its Outdoor Service Privilege. 2. Refer the request to staff for additional information. 3. Deny the request. CITY MANAGER'S RECOMMENDED ACTION: It is important to ensure that alcohol service in public places occurs in an appropriate environment. Municipal Code requires a higher level of scrutiny for establishments where alcohol service is taking place and there is little to no food service, as compared to establishments where alcohol is ancillary to the food service. In this instance, the establishment has an exceptional compliance record, and has adopted procedures that maintain a safe, controlled environment where alcohol is served. The establishment has participated in additional training for its staff to maintain compliance. The application for the sidewalk café indicates a proposed outdoor service area that can be easily monitored and that does not attempt to overcrowd the area. The applicant has responded cooperatively to requests for additional information and appears to have a good understanding of the requirements in place for compliant service. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. It should be noted that the alternatives presented indicate approval is for only the 2024 sidewalk café season (April through October, according to Municipal Code). Sidewalk café applications must be completed anew each season; they do not carry over from year-to-year. This follows the practice established with approval of previous requests for alcohol service at sidewalk cafes. Requiring new requests each year ensures an opportunity to review performance and impose special conditions or withhold approval if the establishment fails to meet the Council’s expectations. 28 ITEM #:12 DATE:04-09-24 DEPT:ADMIN SUBJECT:GOOD NEIGHBOR EMERGENCY ASSISTANCE ANNUAL BLOCK PARTY COUNCIL ACTION FORM BACKGROUND: Good Neighbor Emergency Assistance (GNEA), located at 613 Clark Avenue, is requesting to hold its annual block party on Sunday, May 19, 2024. The event is intended to celebrate the GNEA organization and those it serves. Although the event takes place mainly on private property, organizers are requesting the closure of Clark Avenue between 6th Street and 7th Street for event activities. Clark Avenue would close at 1:00 p.m. and would re-open at 8:00 p.m. The main event will take place between 4:00 p.m. and 7:00 p.m. Event organizers have secured the use of the Fareway parking lot for temporary porta-potty locations, parking, and the scheduled band, Cherry Pickers. Organizers expect approximately 250 attendees. Organizers have provided staff with an Emergency Safety Plan. A Noise Permit has also been requested from the Police Department. Staff has been informed that no alcohol will be permitted at this event. ALTERNATIVES: 1. Approve the request from GNEA to close Clark Avenue from 6th Street to 7th Street on May 19, 2024, as indicated above. 2. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: This requested closure will facilitate an event on private property and Clark Avenue that is open to the public. The event has been held successfully in the past. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): GNEA 2024.docx 29 30 31 ITEM #:13 DATE:04-09-24 DEPT:P&H SUBJECT:APPROVAL OF UTILITY EASEMENTS FOR CREEKSIDE TOWNHOMES WITHIN THE BAKER SUBDIVISION AT 3216 TRIPP STREET COUNCIL ACTION FORM BACKGROUND: With the recent approval of the Major Site Development Plan for the City's multi-family affordable housing project at 3216 Tripp Street, there is now a need to create utility easements prior the transfer of land to Townhomes at Creekside LLLP. The Major Site Plan identified public utility locations for water, sanitary sewer, and stormwater. City easements for Water, Sanitary Sewer, and Stormwater Drainage are being created on and adjacent to the site to serve the site. A water main easement that extends from Tripp Street through the site for a looped water delivery system is being created. Sanitary Sewer easements are being created from City-owned property to the east to serve the site. A Public Utility Easement is being created from Tripp southward through the site for general public utilities. A small Stormwater Drainage easement from the northeast corner of the site to a regional detention pond to the east is being created. The attached exhibits contain the detailed locations. ALTERNATIVES: 1. Approve the attached easements creating legal access for the City to maintain the required public utilities on site and for storm water drainage on Outlot Z. 2. Request more information from City staff. 3. Do not approve the proposed easements. CITY MANAGER'S RECOMMENDED ACTION: The approval of the easements will create the necessary legal access for maintenance and repair of the on-site Public Utilities to serve the affordable housing development at 3216 Tripp. Installation of the new utilities will be within the easement boundaries. Creation of the easements is needed prior to the land transfer to Townhomes at Creekside, LLLP. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. ATTACHMENT(S): Easement (Drainage) ben Lot 27.pdf Revised PUE Reservation (Lot 27).pdf 32 33 34 35 36 37 38 39 40 41 42 ITEM #:14 DATE:04-09-24 DEPT:P&R SUBJECT:CASH RENT FARM LEASE AGREEMENT IN ONTARIO PARK COUNCIL ACTION FORM BACKGROUND: Prior to the City purchasing 50 acres at 5658 Ontario Street in November 2023, the previous property owners had a cash rent lease agreement with Donald Uthe to farm the southern 20.5 acres of this parcel. The previous owners sent a certified letter, as required by Iowa law, to Mr. Uthe prior to September 1, 2023, informing him that lease agreement in place at the time was being terminated. This allowed the City time to determine whether it wanted to lease the land for farming or do something else with the 20.05 acres. Staff will be conducting public meetings beginning in fall 2024 to gather feedback from residents in order to develop a site master plan with a cost opinion for the future park. Eventually, staff believes the 20.05 acres will be developed into something other than farmland. Since the master plan will not be finalized until spring 2025, staff is recommending the City lease the land to Mr. Uthe to farm in 2024 and 2025. After the 2025 harvest, staff could plant native prairie plants or some other vegetation on the 20.05 acres if that is what the site master plan calls for. The Cash Rent Farm Lease Agreement, Attachment A, is for a one-year lease with the option to renew. The duration of the agreement is March 1, 2024 - last day of February 2025. Rent for the land is $240 per acre or $4,812 for the agreement term year. Rent for years two and beyond, if renewed, will have a 3% escalator per year. The agreement requires Mr. Uthe to follow sound environmental practices. Mr. Uthe is not permitted to hunt, recreate, or raise livestock on the property. He is also prohibited from erecting any new structures, buildings, fences or new improvements during the lease term. Mr. Uthe is obligated to carry liability insurance and to indemnify and hold harmless the City against claims. ALTERNATIVES: 1. Approve the Cash Rent Farm Lease Agreement with Donald Uthe, 2334 220th Street, Ames, Iowa to farm 20.05 acres in Ontario Park for March 1, 2024 - February 28, 2025 in the amount of $4,812. 2. Do not lease the 20.05 acres in Ontario Park for farming to Mr. Uthe, but rather seek a lease arrangement with another farm operator. 3. Refer back to staff to consider other uses for the land until it is developed into a new community park. 43 CITY MANAGER'S RECOMMENDED ACTION: Since the Ontario Park will not be immediately developed, staff has explored different options for the 20.05 acres of farm land on the south end of the property. It seems prudent to continue to have these 20.05 acres farmed until the Site Master Plan is completed and a long-term use is identified. It also provides revenue that could be used to cover minor expenses associated with maintaining this property. The City currently leases WPC and Airport land to generate revenue. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as stated above. ATTACHMENT(S): Attachment A - Cash Farm Rent Lease (Uthe).pdf 44 45 46 47 48 49 50 ITEM #:15 DATE:04-09-24 DEPT:ADMIN SUBJECT:REQUESTS FOR GREEK WEEK OLYMPICS COUNCIL ACTION FORM BACKGROUND: The Greek Week Committee has submitted plans to host the Greek Week Olympics this spring. The event involves competitions between sorority and fraternity houses affiliated with Iowa State University. The Greek Week Olympics will take place at various Greek houses on Saturday, April 13, 2024. Approximately 2,000 people are anticipated to attend. Organizers have requested the following for this event from 7:00 a.m. to 5:00 p.m. on Saturday, April 13, 2024: Closure of Ash Avenue, Lynn Avenue, Sunset Drive, Gray Avenue, Greeley Street and Pearson Avenue. A blanket Temporary Obstruction Permit for the closed area. A rain date of April 14, 2024 has been requested for the event. Event organizers will post "No Parking" signs the day prior to the event. PUBLIC OUTREACH: Several single-family-homes are located along the closed streets. The organizers will notify the affected residents about the closures by canvassing the area and distributing a notification letter. Insurance for these events is provided through the University. ALTERNATIVES: 1. Approve the requests as indicated above for Greek Week Olympics. 2. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: The Greek Week activities are annual student-run events at Iowa State that highlight the fraternities and sororities and their contributions to student life. This event supports the City Council's value of a fun, vibrant, and healthy community that attracts and retains people. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Greek Week 2024.pdf 51 52 53 ITEM #:16 DATE:04-09-24 DEPT:FIN SUBJECT:RESOLUTION SETTING APRIL 23, 2024 AS THE DATE OF PUBLIC HEARING TO CONSIDER ADOPTION OF FISCAL YEAR 2023/24 ADJUSTED BUDGET AND FISCAL YEAR 2024/25 BUDGET COUNCIL ACTION FORM BACKGROUND: The deadline for the adoption of the budget is April 30th to allow time for public notices and the additional hearing required for the proposed property tax levy. The resolution would allow the City Council to hold the public hearing for the Adjusted Budget for FY 2023/24 and Proposed Budget for FY 2024/25 during the regularly scheduled City Council meeting on April 23, 2024. ALTERNATIVES: 1. Adopt a resolution establishing April 23, 2024 as the date of the final public hearing on the Adjusted Budget for FY 2023/24 and the adoption of the Budget for FY 2024/25. 2. Delay the hearing and resolution. CITY MANAGER'S RECOMMENDED ACTION: Holding 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. 54 ITEM #:17 DATE:04-09-24 DEPT:P&R SUBJECT:CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES FOR FITCH FAMILY INDOOR AQUATIC CENTER PROJECT COUNCIL ACTION FORM BACKGROUND: Construction of the Fitch Family Indoor Aquatic Center (FFIAC) is set to begin in spring 2024, with the project completion occurring in fall 2025. As part of the project, it is necessary to contract with a company to perform materials testing during construction. Tests to be performed include, but are not limited to, soil compaction, soil/aggregate composition, shallow foundation excavations, concrete reinforcement, concrete composition and strength, structural steel welds, pre-cast concrete panel connections, masonry components, and floor flatness. Story Construction, the project's Construction Manager, will be responsible for scheduling these tests when needed. A Request for Proposals (RFP) for these services was issued on February 20, 2024 with a due date of March 5, 2024. A total of four proposals were received and evaluated by City staff. Two of the proposals were deemed unacceptable as all RFP requirements were not met. The remaining two proposals met the RFP requirements and are shown in the table below. It should be noted that the proposed costs are estimates based on the firm’s projection of the tests needed for the project. The actual amount spent will be based on the testing service provided based on the progress of the project. Company Evaluation Rank Proposed Cost Terracon Consultants, Inc., Des Moines, Iowa 1 $ 89,338.00 Allender Butzke Engineers, Inc., Urbandale, Iowa 2 $106,280.90 Staff has reviewed the proposals and believes the proposal from Terracon Consultants, Inc., Des Moines, IA, is acceptable. The FFIAC budget includes $390,000 for Soils, Surveys, and Testing (SST). There has been $13,400 spent to date for SST, leaving $376,600 available for this purpose. ALTERNATIVES: 1. Award a contract to Terracon Consultants, Inc., Des Moines, Iowa for Construction Materials Testing and Inspection Services for the Fitch Family Indoor Aquatic Center Project in the amount not-to- exceed $89,338. 2. Award a contract to Allender Butzke Engineers, Inc., Urbandale, Iowa for Construction Materials Testing and Inspection Services for the Fitch Family Indoor Aquatic Center Project in the amount of $106,280.90. 3. Do not award a contract at this time and refer back to staff with direction as to how to proceed. 55 CITY MANAGER'S RECOMMENDED ACTION: Materials testing is an important component of the construction process. The two companies submitting proposals that were deemed acceptable are both reputable and have performed work for the City in the past. Terracon was ranked #1 when proposals were evaluated by staff and is also the low-cost proposal. Staff contacted Story Construction for feedback regarding the proposals. Story Construction reviewed the proposals and indicated both Terracon and Allender Butzke are capable of doing the work and either one is acceptable. The actual cost will be dependent on the work performed and the amounts invoiced. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as shown above. 56 ITEM #:18 DATE:04-09-24 DEPT:W&PC SUBJECT:WATER PLANT SCADA, NETWORKING, ACCESS CONTROL, AND SURVEILLANCE UPDATES COUNCIL ACTION FORM BACKGROUND: The Water Treatment Plant operators utilize a complex Supervisory Control and Data Acquisition (SCADA) system to assist in the operation of the wells, treatment plant, pump stations, and elevated tanks in the distribution system. This system includes multiple human-machine interface (HMI) stations, multiple servers, an auto-dialer for critical alarms, firewalls/virtual private networks (VPN) for cybersecurity, and miscellaneous network switches and control devices. The components currently in place were installed in 2017 when the plant was brought online. To continue maintaining the system at a high level of performance, a major hardware and software update is required. In addition to the SCADA system, the Water Plant also has two physical security systems: an access control system and a video surveillance system. Both the software that runs the access control system and door controllers are obsolete and are no longer supported. The existing door controllers would require modifications to be able to work with the new software. The proposed work will replace the software and (50) door controllers, reconfigure the access control network, and add a new "lockdown" feature that will immediately place every door into a "secure state" from a single push button. The work will also isolate the access control and security camera systems onto their own network, eliminating problems with excessive bandwidth traffic on the network. Staff is recommending that a "single source" award be made to Automatic Systems Company, in accordance with the City's adopted Purchasing Policies and Procedures. Automatic Systems was the original installer of the SCADA and security systems . Reasons for this approach include the following: Every company that provides system integration has its own style and philosophy when programming control systems. Having multiple programming approaches within a single system can result in unexpected performance, and an increasingly complicated system that makes troubleshooting more difficult. If a different programming company were to work on the system, they would require considerable time to "catch up" with how the system is designed, putting them at a cost disadvantage compared to programmers that are familiar with the system. If the work was to be competitively bid, staff would need to hire a consulting engineer to prepare plans and specifications, further increasing the cost of the work. For continuity, staff believes that staying with the original system integrator for this update is important and justified. Staff has spent the past several months working with Automatic Systems to ensure that the scope of work being quoted matches the City's needs. Some of the items included in the contract could be 57 purchased from multiple suppliers, such as the computer workstations, servers, and monitors. The bulk of the work, however, involves installing the servers and configuring the data and reporting applications. The single source negotiation has been completed with the assistance of the City's Purchasing Division to ensure that the work description is thorough and complete. Because the majority of the work is to replace and upgrade the existing hardware and software systems and to separate the SCADA network from the access control and camera systems, the Purchasing Division has determined that the work does not constitute the type of "construction" that would require competitive bids under state law. The project budget is shown below: Expense Funding Automatic Systems Proposal SCADA Upgrade $ 191,797 Fiber Upgrade 11,070 Access Control/Network Upgrade 143,266 Licensing for Access Control Software (3 years)3,800 Authorized CIP 3920 - SCADA/Computer Upgrades $ 309,301 3970 - Keypad Terminations 50,000 3972 - Access Control 128,096 3974 - Security Cameras 68,002 Totals $ 349,933 $ 555,399 The funding shown above is available in the current fiscal year's amended budget. The long-range capital plan used when preparing the Water Fund rate projections includes an expense scheduled every five years for regular SCADA system hardware updates. The FY 2024-2029 Capital Improvement Plan presented to Council in January 2024 includes $221,000 in FY 2028/29 for the next round of SCADA updates. ALTERNATIVES: 1. Award a single source contract to Automatic Systems Company of Ames, Iowa for Water Plant SCADA, Networking, Access Control, And Surveillance Updates in the amount of $349,933. 2. Do not award a contract to Automatic Systems Company and direct staff to undergo a formal bid process. 3. Take no action at this time. This will result in continued use of outdated software and hardware in the plant control system that cannot be adequately patched or upgraded with security updates. It will also continue the use of a security system network configuration that is overloaded, and access control devices that are no longer supported and cannot be replaced with newer hardware. 58 CITY MANAGER'S RECOMMENDED ACTION: Regular hardware and software updates are required to maintain the Water Plant control system's performance and security. The Capital Improvements Plan anticipates these updates to occur roughly every five years. Because there is functional overlap between the SCADA system and the security systems, it is reasonable to combine the updates needed into a single contract. Staff has negotiated with the original system integrator that installed the control and security systems when the treatment plant was constructed. The Purchasing Division agrees that a negotiated single source award is appropriate and is consistent with the City's Purchasing Policies and Procedures. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. 59 ITEM #:19 DATE:04-09-24 DEPT:W&PC SUBJECT:CHANGE ORDER #1 FOR THE SWITCHGEAR ROUTINE MAINTENANCE SERVICES COUNCIL ACTION FORM BACKGROUND: On February 27, 2024, a contract was awarded to Tri-City Electric Company of Davenport, Iowa in the amount of $65,325 to provide switchgear routine maintenance services at the Water Treatment Plant (WTP), Old High Service Pumping Station (Old HSPS), and the Water Pollution Control (WPC) Facility. These routine maintenance services include work on switchgear, breakers, panels, and other associated electrical connections and to evaluate the existing systems in accordance with recently updated NFPA 70B standards. When the bid package was originally released, the scope included infrared thermal imaging of the equipment. This test can reveal locations of failing insulation, overloaded circuits, or loose electrical connections. To be able to do the thermal imaging, however, the panels must be opened while the equipment is still energized. Some potential bidders expressed safety concerns with having the panels opened while energized due to the high voltages involved, and staff chose to remove by addendum that scope element. Staff has since worked with the successful bidder on the project, Tri-City Electric, to obtain a quote to install infrared screening ports at the WTP at a cost of $15,483. This will permit the thermal imaging to be performed during subsequent maintenance in a safe manner. Infrared ports are not being proposed for WPC at this time. A new electrical building is being constructed as a part of the Nutrient Reduction Modifications, and the infrared screening ports will be installed as a part of that project. Funding for the change order is available from the project budget as indicated in the table below: Expense Funding Tri-City Contract Original Contract $ 65,325 Change Order #1 (This action)15,483 Capital Improvement Plan 3919 - Water Plant Switchgear $ 107,510 3438 - WPC Switchgear 97,000 $ 80,808 $ 205,510 60 ALTERNATIVES: 1. Approve Change Order #1 with Tri-City Electric to install infrared ports in the main circuit breakers and automatic transfer switches at the Water Treatment Plant in the amount of $15,483. 2. Do not approve the change order. Due to safety constraints, thermal imaging of the equipment cannot be performed without the infrared viewing ports. That means that any "hot spots" in the equipment may go undetected, increasing the potential for premature equipment failure or an electrical fire. CITY MANAGER'S RECOMMENDED ACTION: Regular inspection and cleaning of electrical switchgear is an important safety measure that helps reduce the potential for a catastrophic equipment failures, and is required by the City's property insurance provider. Because of the high voltages present in the gear at the Water Treatment Plant, bidders on the project declined to quote thermal imaging that requires the gear to be open while energized. Installing infrared viewing ports allows thermal imaging to be safely performed while the gear is energized without the need to open the cabinets. The current year's contractor has provided a quote to install 24 infrared ports. The revised contract price is still well within the authorized budget for the work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. 61 To:Mayor and City Council From:City Clerk's Office Date:April 5, 2024 Subject:Contract and Bond Approval Item No. 20 MEMO There is no Council Action Form for the 2021/22 Stormwater Detention/Retention Maintenance Program (Northridge Heights Pond). City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 62 To:Mayor and City Council From:City Clerk's Office Date:April 5, 2024 Subject:Contract and Bond Approval Item No. 21 MEMO There is no Council Action Form for the 2023/24 Arterial Street Pavement Improvements. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 63 To:Mayor and City Council From:City Clerk's Office Date:April 5, 2024 Subject:Contract and Bond Approval Item No. 22 MEMO There is no Council Action Form for the 2023/24 Concrete Pavement Improvements - Prairie View. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. /cmw City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 64 To:Mayor and City Council From:City Clerk's Office Date:April 5, 2024 Subject:Contract and Bond Approval Item No. 23 MEMO There is no Council Action Form for the 2023/24 Intelligent Transportation System (Phase 3). City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 65 To:Mayor and City Council From:City Clerk's Office/Electric Date:April 5, 2024 Subject:Contract and Bond Approval Item No. 24 MEMO There is no Council Action Form for the Ash Pond Closure and RDF Ash Pond Construction. The requested action for the City Council to approve the contract and bond for the project is simply fulfilling a State Code requirement. However, at the March 12, 2024 Council meeting, the Council asked two follow up questions regarding this project: Councilperson Gartin asked about the process to indemnify the City, and what insurance the contractor had (type and amount). The Mayor wanted to know if the Risk Manager had reviewed the coverage and if the contractor will need to pay if there is a fine. Regarding indemnification and contractor insurance, the contract states the following: INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City of Ames, their agents and employees from and against all claims, damages, losses, and expenses, including, but not limited to attorney’s fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense 1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and 2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Questions concerning these requirements should be directed to: Bill Walton, Risk Manager E-mail: bill.walton@cityofames.org, Phone: 515-239-5102. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than: 2.1 General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 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 66 2.2 Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2.3 If required by statute, Workers Compensation and Employers Liability: Statutory Workers Compensation limits as required by the Laws of the State of Iowa. 2.4 Builder ’s Risk insurance shall be in an amount not less than the total value of construction. Regarding Risk Manager Review: Bill Walton, in his review, states that the coverages appear to be in line with City's requirements. He has also reviewed the general liability and pollution policies in order to confirm that they fit the requirement of the contract. Based on this information, the City Attorney responds as follows: The City Attorney’s office doesn’t review such contracts for insurance requirements, as those are standard and are part of the City’s purchasing process. The City Attorney was asked to look into what we have in terms of protection against perhaps an EPA fine someday if the project wasn’t up to EPA standards. According to Purchasing Manager Karen Server, these are our standard provisions in bid documents, and do not include anything special for a potential EPA enforcement action in the future, except that the contractor ’s maintenance bond would provide the City some protection for one year in terms of fixing any problems. The engineering firm that did the plans and specifications for this project, SCS Engineering, has a $1 million professional liability policy per the City’s requirements. Under standard procedure, that engineering firm (or perhaps another engineer) would okay the project when the construction was finished. At the end of construction, a professional engineer will sign off after reviewing the construction engineering notes, and use their license to certify to the DNR and EPA that it meets the requirements. This would provide the City with a potential claim against the professional liability insurance of the engineer if an EPA enforcement action would take place and the City was made to pay a civil penalty. We are uncertain if the engineer's professional liability insurance's scope of coverage would include coverage for regulatory fines. If it does not, we would still have a claim against the engineering firm. This project requires an NPDES permit (National Pollutant Discharge Elimination System) which is issued by the Iowa DNR under authority delegated to the DNR by the EPA. The project requires an NPDES permit during construction because it disturbs more than an acre of land. The contactor will be co-permittee on that, so the contractor, as a co-permittee, would likely be involved in any EPA enforcement action (from staff's experience, the EPA files an enforcement action against all co-permittees). The bottom line is that in any EPA enforcement action, ultimately the City would be mainly liable, but the engineer who signs off on the project at the end would have professional liability insurance that the City could potentially make a claim against. 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 67 ITEM #:25 DEPT:PW April 9, 2024 Staff Report SIDEWALK SAFETY PROGRAM BACKGROUND: At the January 23, 2024 meeting, staff presented City Council with a review of the Sidewalk Safety Program and included options for revisions to the program based on changes to federal standards that took effect in October 2023. A copy of the staff report from the January 23, 2024 meeting is attached to this report. Council directed staff to undertake a campaign seeking public input and to provide guidance regarding a number of other sidewalk related questions before bringing the information back to Council for direction. The City’s Municipal Code requires that abutting property owners maintain sidewalks. The City investigates sidewalk concerns on a complaint basis and notifies property owners of any defects and the need to repair sidewalks using a limited scope of approved repair options (full replacement, mud-jacking, or limited grinding). The City's current sidewalk standards and staff's proposed standards are outlined in Table 1, below: Table 1. Defect Standard Category Current Standard (no more than): Proposed Standard (no more than): Vertical Displacement 1/4"1/2" Horizontal Displacement 1/2"1" Holes 1/2" Diameter Area of 4 square inches Spalling 50% of surface, 1/4" deep 50% of surface, 1/4" deep Cracks 2 cracks, > than 1/8" wide 3+ cracks, > than 1" wide PUBLIC OUTREACH: City staff developed a survey to solicit feedback from the public regarding the revisions to the Sidewalk Safety Program standards that were presented to Council. The survey also sought input as to repair methods, complaint-based versus proactive inspections, anonymous reporting, and subsidized repair options. Respondents were also provided the opportunity to freely input ideas or information that may be useful regarding the Sidewalk Safety Program. The online survey went live on February 23, 2024 and was published via press release on that date. Multiple social media posts pushed out information regarding the survey and requests for participation. Staff also sought input by sending a link to the survey directly to an email listing of minority-owned businesses provided by the Ames Chamber of Commerce. Paper copies of the survey were made available at the Ames Public Library. Staff attended the Iowa State Sustainapalooza Event held in late 68 February and offered paper copies of the survey at this event. The survey closed on March 22, 2024 with 486 responses. Of those responses, 41 of those were submitted using paper forms. 98% of respondents identified as residents; 5% identified as students. 88% of respondents indicated they were property owners in Ames.   Results from the survey are noted below: Question 1: Are the proposed sidewalk safety standards: Results Too Restrictive? 27% About Right? 60% Not Restrictive Enough? 13% Question 2: Should the City consider adding these additional repair options (grinding, joint filling, and partial patching)? Results Yes? 94% No? 6% Question 3: Should the City utilize a complaint-based only system or establish a proactive system for sidewalk investigations? Results Complaint-based? 52% Proactive? 48% Question 4: Should anonymous reporting for sidewalk complaints continue to be allowed in the Ames on the Go reporting application? Results Yes? 74% No? 26% Question 5: Should the City consider subsidizing sidewalk repairs or offering one of the following financial assistance programs? Results Income-Based - applications must qualify? 28% Grant Program - funds are distributed until funding is exhausted? 15% Cost-Sharing Program - City and property owner both participate? 47% None 10% There were 36 comments for Question 4 (anonymous reporting) with 11 of those comments indicating that anonymous reporting should continue to be allowed, but that those reporting should be known to the City yet remain anonymous to the rest of the general public. There were 61 comments for Question 5 (financial assistance programs) of which 22 comments indicated that they would like to see a combination of the subsidy options available. Additionally, another 25 comments for this question stated that the City should pay for all of the sidewalk repairs within the right of way. There were 137 open-ended comments provided in the survey. Fourteen of those comments requested 69 that the City focus on infilling areas where there is no sidewalk. Seventeen comments requested that the City establish a contractor list with approved contractors that residents may utilize. Twenty-eight of the comments requested that the City pay for repairing damage from trees located in the right-of-way. Separately from the survey results above, several emails to staff and replies on social media indicated a desire that the City focus on infilling areas where no sidewalk exists as the main priority. PROACTIVE INSPECTION: Question 3 indicated that 52% of respondents favored continuing with a complaint-based system and 48% desired implementing a proactive inspection program. City Council requested that staff return with information regarding the total miles of sidewalks and how many miles per year Public Works would be able to inspect if Council were to enact a proactive inspection program. Staff has analyzed aerial photography utilizing the City’s Geographical Information System (GIS) and estimates that there are approximately 246.5 miles of sidewalk within the public right-of-way. Public Works staff has not undertaken this type of proactive enforcement in the past; thus, it is difficult to estimate a number of miles that can inspected given current staffing and workloads. Using the number of complaints and inspections completed in calendar year 2023 as a reference, staff investigated 10.7 miles of neighborhood sidewalk. The time required to investigate those 10.7 miles was significant because the complaints tended to be sporadic when they were reported to the City and because the inspections occurred during times of the year where maintenance activities for the street transportation network held a higher priority. Therefore should the City Council chooses to pursue a proactive inspection policy, the Staff would recommend that between 12 to 15 miles per year be used as a goal for starting the inspection program. Those inspections would be performed during the seasonal transitions of fall or late winter, when staff could be more efficient in their investigations . This workload would be evaluated over the course of a few seasons with a report back to Council including any recommended changes based off that workload. PROGRAM SUBSIDIES: The three most common types of subsidized sidewalk repair policies are income-based, grant-based, and cost-sharing. For most city programs researched, the subsidy is limited to owner-occupied residential properties, and it is the responsibility of the owner to contract and pay for the repairs. If a subsidy program was adopted, it would be staff's expectation that subsidies would only apply for the individual sidewalk panels that are determined to be deficient compared to the adopted standards. If a property owner desired to replace additional panels that are in compliance, the property owner would be responsible for 100% of the cost of those compliant panels. 1 ) Income-Based program establishes a maximum income threshold in order for an applicant to qualify for a subsidy. A set amount of funding would be allocated to the program and expenditures tracked on a fiscal year basis. The applicant must apply for the subsidy and provide documentation of income levels, typically in the form of federal or state tax forms, before being approved for the subsidy. All, or a predetermined percentage of the cost of the sidewalk repair, is then paid for by the City. Applications are approved based on available funding. This type of program is currently available in Des Moines and Cedar Rapids. Twenty-eight percent of survey respondents favored this approach. 70 2 ) Grant-Based program establishes a set amount of funding that is available on a first-come, first-served basis to cover the costs of sidewalk repairs. A set amount of funding is allocated to the program and expenditures tracked on a fiscal year basis. Application criteria can be created to prioritize requests, or it can be open-ended. Typically, the repair must be identified and marked by the City prior to applying for the grant and multiple bids are required to be submitted with the application to ensure competitive pricing. Applications are approved based on eligibility and available funding. Fifteen percent of survey respondents favored this approach. 3 ) Cost-Sharing program is similar to the grant-based program where the application process and requirements are typically the same. A set amount of funding is allocated to the program and expenditures tracked on a fiscal year basis. The main difference is the City establishes 1) a predetermined cost, usually in dollars per square foot of sidewalk, 2) a predetermined percentage of the repair cost that will be paid with City funds, and 3) a maximum subsidy amount per property. Applications are approved based on eligibility and available funding. Cedar Rapids has a similar program where up to 35% of the cost of repair is eligible with a standard price of $12 per square foot and a maximum subsidy of $1,000. Forty-seven percent of survey respondents favored this approach. Staff's research of other cities' policies regarding the three funding approaches highlighted above indicates that when the funding has run out and a property is identified for repair, the owner may wait until the following fiscal year to accomplish the repairs and be given priority for that next year's subsidy allocation. However if this type of policy is pursued, staff would need first to explore the question of liability in the event that a sidewalk defect is brought to the City's attention, but no immediate action is taken to repair it. Of the survey respondents, 10% believed there should not be a subsidy. Additionally, 22 comments were received in support of creating a hybrid program of some combination of these subsidy approaches. CITY FUNDED REPAIRS AND CONTRACTING: The City Council also asked staff to develop an estimate of the cost for the City making repairs based on sidewalk investigations. This is a challenging exercise to determine without a thorough inventory of sidewalks and necessary repairs. Based on information from calendar year 2023, 10.7 miles of sidewalk were investigated. Of that 10.7 miles, approximately 5%, or 2,825 feet, required repair. It is difficult to determine whether a typical section of sidewalk contains the same proportion of defective panels; the majority of the inspections in calendar year 2023 were in the Somerset and Prairie View East/West neighborhood, with some areas being less than 25 years old and, therefore, likely in better condition. However, it can be assumed that these areas were complained about because their condition was questionable. Older areas of Ames are likely to have more necessary repairs simply based on age and deterioration. Contractor prices for sidewalk repair vary greatly (between $10 to $50 per square foot of concrete, with an average cost around $25 per square foot in calendar year 2023). Much of this variation depends upon the quantity of work necessary at a particular property. There begins to be greater savings as more work is required at one location, which is the most efficient for contractors. It is likely the City could obtain very competitive pricing for larger areas. Using the example from calendar year 2023, the 2,825 linear feet of sidewalk that required repair 71 were all 4 feet wide, which would equal 11,300 square feet. At $25 per square foot average price, the overall cost would be $282,500 for calendar year 2023. It should be noted that this number assumes that all sidewalk panels that required repair needed to be completely removed and replaced. It is very likely that other proposed repair options could be utilized in lieu of total replacement. These newly proposed options are traditionally more cost-effective compared to full removal and replacement. OPTIONS: Staff will need policy direction from City Council regarding three sidewalk related issues: 1 ) The City Council can consider changes to Sidewalk Safety Program defect standards and repair options as presented at the January 23, 2024 meeting (see Table 1.), or Council could reaffirm the current standards. Doing so will provide guidance by which staff will evaluate existing sidewalk conditions and repairs moving forward. 2 ) The City Council should then consider how staff should investigate sidewalk conditions throughout the community; by either continuing with a complaint-based-only approach or incorporating a proactive inspection approach. If Council wishes to adopt a proactive approach, direction should include the goal for the number of miles inspected each year. 3) Should the City Council desire to provide a subsidy for repair of sidewalks, staff would need guidance as to the type of program that is desired and annual funding amounts to consider in the budget. STAFF COMMENTS: Public input appears to support the modification of Sidewalk Safety Program defect standards as presented in January with strong support for the additional repair options. Public input is nearly equally split between staying with the current complaint-based investigation program or implementing a proactive inspection process. All peer cities that were checked utilize some form of proactive program and claim that the number of complaints remains low because of continual investigation throughout the community. Those peer communities do allow for anonymous reporting of complaints, however none claim to have experienced the dramatic increase that Ames experienced in the fall of 2023. Staff supports either continuing a complaint-based program or implementing proactive process. The proactive program would eventually lead to all sidewalks being investigated over an extended period of time (15 to 20 y ea r s). Staff would caution that the current backlog of complaints awaiting inspection will take time to work through before a proactive program would start. It is estimated that a year’s worth of inspections already exist as the complaint backlog. Any subsidized program involves an increased administrative burden, especially where income eligibility is concerned. There will be additional burden on property owners as well to apply for any subsidized program. City funded repairs could include Capital Improvement Plan (CIP) programs when reconstructing streets or other transportation infrastructure in a neighborhood. This could be an option to help expedite areas of the City that are in need of sidewalk repairs sooner. The challenge with this option 72 is it would begin to limit funding that is available to reconstruct the street transportation network as well. There were many comments asking for infill of sidewalk in locations where it currently does not exist. Staff feels the Sidewalk Safety Program should focus on maintaining the infrastructure that is in place. A draft of the final plan for the Ames Walk Bike Roll program will be presented to City Council very soon and is a better fit for consideration of those infill/new sidewalks. Once Council provides direction, staff plans to assemble the changes and publish the adopted standards on the City’s website so they are more easily accessible to the public. ATTACHMENT(S): Sidewalk Safety Program FINAL Staff Report January 23, 2024 w attachments.pdf 73 ITEM #:21 DEPT:Public Works January 23, 2024 Staff Report SIDEWALK SAFETY PROGRAM BACKGROUND: At the November 28, 2023 meeting, the City Council requested that the Sidewalk Safety Program be reviewed at a future meeting. This program includes standards for the acceptable state-of-repair for sidewalks, including criteria such as displacement (heaving), crack widths, and spalling. Sidewalk sections that are out of compliance are required to be repaired or replaced in accordance with the program's requirements. Ames Municipal Code, Section 22.1 states: "The abutting property owner shall maintain sidewalk, parkings, and all other property outside the lot and property lines and inside the curb lines upon the public streets [...]". This Similar language regarding maintenance responsibilities is found in Iowa Code 364.12, c. The current standards applied by the City are based on the Public Right-of-Way Accessibility Guidelines (PROWAG). The PROWAG standards are developed by the U.S. Access Board to ensure compliance with the Americans with Disabilities Act (ADA) of 1990. The City requires that sidewalks not exhibit any of the following: Vertical displacement greater than 1/4" Horizontal displacement (gaps) greater than 1/2" Holes greater than 1/2" in diameter Spalling of more than 50% of the surface area at a depth of 1/4" or more 2 cracks greater than 1/8" wide Any sidewalk panel out of compliance must be repaired (if permitted for the nature of the defect) or replaced. Compliance is monitored on a complaint basis, and property owners have 90 days to address non-compliant panels. Effective October 2023, the US Access Board adopted a new rule which clarifies that the PROWAG guidelines do not address existing pedestrian facilities, unless the pedestrian facilities are altered at the discretion of the governing agency. Therefore, PROWAG is to be used as an installation standard, not a maintenance standard. The City still remains able to enact local standards for inspection and maintenance of existing pedestrian facilities such as sidewalks, but is not obligated to ensure existing sidewalks are maintained at the same level as newly constructed sidewalks. Staff has reviewed requirements in other communities in light of this clarification at the federal level. Following this analysis, staff is proposing the following modifications to the City's Sidewalk Safety Program (attached): 1 OLD STAFF REPORT FROM 1/23/24 74 REPAIR OPTIONS: Resident feedback indicates a key concern is the options available to repair a defect. Staff reviewed options for all types of sidewalk defects and is proposing a wider range of acceptable repair options. The repair options vary in their effective lifespan and cost. For example, a complete sidewalk panel replacement may last decades, while patching a small area (if appropriate for the noted defect) may only last a year or two. However, the patching repair would be at a fraction of the cost of the complete replacement. These options allow residents the ability to choose a solution that fits the requirements of the sidewalk safety program at a wider range of repair costs. DEFECT STANDARDS: The proposed standards with categories of sidewalk defects mirror closely the practices of many of the comparable communities shown in the list at the end of this report. While differences remain amongst Ames and the other municipalities, the proposed standards do align closer with many similar communities. It should be noted that the proposed inspection standards will result in areas where defects may have been marked under the previous standard,s but would not be marked now. Also, additional repair options are now available. These changes are necessary, due to the PROWAG requirements being recently published. INSPECTION PROCESS Sidewalk safety inspections will continue to be triggered by complaints. However, one provision noted in the proposed standards is that the City reserves the right to inspect any sidewalk at any time. While it will continue to be standard practice to investigate sidewalk complaints at addresses that are reported to the City, staff will use the provision to inspect other nearby sidewalks only in limited circumstances that pose an immediate safety hazard. Prior to notifying property owners of sidewalk defects, City staff will investigate upcoming CIP and maintenance projects that may have an impact on sidewalks in the area during the next 12 months. If a project is under development which will include replacement of this section of sidewalk, staff will incorporate the repair with the CIP project rather than requiring the homeowner to make the improvements. COMPLAINT-BASED INSPECTIONS: Complaint-based inspection has been one of the most common concerns expressed to staff by the public. Many feel this process can unfairly pit one neighbor against another, or that an individual or group could target certain neighborhoods or groups of neighbors. The Ames on the Go app has gained popularity with the ability to quickly report and receive feedback regarding issues. The Ames on the Go app does allow for anonymous and unregistered user reporting. Anonymous reporting can be disabled in Ames on the Go if desired; however, due to the intended social nature of the app, the complainant information would be publicly displayed. There has been a dramatic increase in sidewalk complaints in calendar year 2023, as illustrated in the table below. In October and November of 2023 alone, t here were 363 sidewalk reports submitted anonymously through Ames on the Go. Staff has deferred action to inspect these complaints, pending this City Council discussion. 275 Calendar Year Sidewalk Repair Requests 2015 2016 2017 2018 2019 2020 2021 2022 2023 28 3 76 60 94 27 85 90 667* *includes 363 reports waiting to be inspected It should be noted that there are currently 49 locations that have been inspected and posted with a repair notice based on the current standards. Staff revisited these locations utilizing the proposed draft standards and found that 48 of those locations would still require repair. OPTIONS: The City Council could choose from several options regarding the standards to set for the Sidewalk Safety Program. Option 1: Make no changes. City staff would continue to inspect sidewalks based on the standards that are currently in place. Staff would begin to inspect the backlog of complaints as time allows during winter and early spring 2024. Option 2: Approve the revised standards as presented by staff. These new standards would be applied immediately, and subsequent inspections for sidewalk safety would utilize these new standards. There are 49 sidewalk locations that have been notified of the need to repair under the existing standards. Of this total, 48 would still require repairs under the proposed standards. However, additional repair options will be available for many of these non-compliant sections. Staff would begin to inspect the backlog of reports utilizing the new standards as time allows during winter and early spring 2024. Option 3: Modify the proposed sidewalk safety standards. Staff would make the Council's desired changes and these new updated standards would be applied immediately for subsequent sidewalk inspections. Staff would need to review how any changes affect the 49 existing locations and would begin to inspect the backlog of reports utilizing the new standards as time allows during winter and early spring 2024. STAFF COMMENTS: Sidewalks are the primary infrastructure for a walkable and accessible community. The sidewalk safety program is a vital tool to maintain this infrastructure in a safe and functional manner. Changes to PROWAG standards allow the City to adopt maintenance standards that differ from the standards for new installation of sidewalks. Staff believes the Sidewalk Safety Program could benefit from additional clarity in the standards and a wider range of repair options to allow for greater flexibility in compliance. Once the Council has decided upon the standards, staff plans to publish the adopted standards on the City’s website so they are more easily accessible to the public at any time. 376 ATTACHMENT(S): Sidewalk Safety Program 2024.pdf Sidewalk Safety Program Criteria Attachment.pdf 477 Sidewalk Safety Program 2024 Ames On the Go Available in Apple App Store or Google Play 578 City of Ames Sidewalk Inspection Standards Public sidewalks are a vital part of the transportation network within the City of Ames. Maintenance of these sidewalks is the responsibility of the adjacent property owner per City of Ames Municipal Code Chapter 22.1 and the Code of Iowa 1997 Section 364.12(d) & (e). Sidewalks in the City of Ames will be inspected upon receipt of a complaint. The City reserves the right to inspect any sidewalk at any time that poses a safety hazard. Complaints from the public should include the physical address of the property in question and any other descriptive information so that staff can ensure that the proper address is being inspected. Complaints can be made to the Public Works Operations Division at 515-239-5550, via the web on the City’s website at www.cityofames.org and clicking on the Mobile Reporting button, or via the Ames on the Go reporting app on a mobile device. City staff will investigate complaints, mark non-conforming sidewalk panels with paint, and inform the adjacent property owner via mail of the deficiencies and the time allowed to repair the sidewalk. A second notice will be delivered via certified mail if repairs are not completed in the time frame stated in the initial notice. If sidewalk repairs are not completed by the date stated in the second notice and if alternative arrangements for compliance have not been made with the property owner, the City may take action to ensure that the sidewalk repair is completed. The cost of the repair work will be billed to the adjacent property owner. Repair options for each type of defect are noted on the inspection pages. If there are unique situations for repair, property owners are encouraged to contact the Public Works department to review possible repair techniques. Some common situations include: • Water service valves/curb boxes – these are responsibility of the property to which they provide water. Typically, they can be adjusted up/down but may require a plumber if not easy to move. • Trees in the right of way – sidewalk panels that are damaged due to roots or heaving from a tree in the right of way are the responsibility of the adjacent property owner. After repairs have been made if the sidewalk is in need of repair again due to the same tree in the right of way, the City will cover the cost of the repair as long as the tree remains. • Sidewalk Widths – individual panels, or short runs of adjacent panels can be replaced at the existing width of the sidewalk panels, which is typically 4 feet wide. If replacing sidewalk along an entire frontage of the property, the sidewalk should be replaced at the new standard of 5 feet wide. The City’s standards for sidewalk defects and repair methods have been developed utilizing guidance from the American with Disabilities Act (ADA), Public Rights-of-Way Accessibility Guidelines (PROWAG), Iowa Statewide Urban Design and Specifications (SUDAS) and the Federal Highway Administration (FHWA). All repairs should meet current city standards per SUDAS and City of Ames Supplemental Specifications. 679 SIDEWALK DEFECT A Sidewalk has a vertical displacement more than 1/2”. Repair Options: • Complete removal and replacement of the sidewalk panel. • Mud jacking/lifting panels to eliminate vertical displacement. • Mechanical grinding to remove vertical displacement. Grinding must extend at least 3 inches horizontally for every 1/4” of vertical displacement. (grinding of more than 1” of vertical displacement is not recommended) • Wedging with grout or mortar on top of the sidewalk to level a displaced joint is not an acceptable repair method. 780 SIDEWALK DEFECT B Any of the following: • Sidewalk is cracked into 5 or more pieces. • Any broken piece is unlevel with the rest of the panel. • Sidewalk is broken/missing a piece from the surface equal to or exceeding 16 square inches. • Sidewalk broken/missing a full depth piece of any size. Repair Options: • Complete removal and replacement of the sidewalk panel. 881 SIDEWALK DEFECT C Any combination of the following: • Sidewalk surface is missing three pieces or less, with each piece being less than 16 square inches, but greater than 4 square inches. • Sidewalk has 3 or fewer cracks that are less than 1” wide and less than 1” deep. All cracks must be level with the remainder of the sidewalk panel. Repair Options: • Complete removal and replacement of the sidewalk panel. • Clean areas of loose material and patch with a polyurethane or acrylic type material or concrete patching material for outdoor use. • Clean areas of loose material and seal cracks with a polyurethane or acrylic type material for outdoor use. 982 SIDEWALK DEFECT D Spalling over 50% or more of the sidewalk panel at least 1/4” deep. Repair Options: • Complete removal and replacement of the sidewalk panel. 1083 SIDEWALK DEFECT E Sidewalk has a horizontal joint (not including tooled sidewalk joints) or crack displacement more than 1/2" wide but less than 1” wide and is level with the remainder of the sidewalk panel. Does not meet the requirements of Defect B or C sidewalk panel. Repair Options: • Complete removal and replacement of the sidewalk panel. • Clean areas of loose material and seal cracks with a polyurethane or acrylic type material for outdoor use. 1184 SIDEWALK DEFECT F Sidewalk ponds water or collects debris. Repair Options: • Complete removal and replacement of the sidewalk panel to allow positive drainage. • Mud jacking the panel to establish positive drainage. • Grade the parking area to drain sidewalk towards the street. • Establish proper vegetation to prevent erosion. 1285 SIDEWALK DEFECT G Any combination of the following: • Sidewalk has broken or missing corner only that is greater than 4 square inches but less than 16 square inches and does not meet the requirements of Defect B or C sidewalk panel. • Multiple Sidewalk panels intersect with broken or missing corners provided the total area does not exceed the number of intersecting panels times 16 square inches per panel. Repair Options: • Complete removal and replacement of the sidewalk panel. • Clean areas of loose material and seal cracks with a polyurethane or acrylic type material or concrete patching material for outdoor use. • Partial panel replacement of corner areas. Repair must be doweled into the existing sidewalk panel. 1386 Comparisons of Sidewalk Safety Standards City Vertical Displacement Horizontal Displacement Inspection Frequency Holes Spalling Cracks Deviation from Grade Offers Subsidies No. of Days to Repair Ames (proposed)1/2"1"Complaint Only Greater than 4 square inches 50% + 1/4" depth 3 or more greater than 1" wide -No 90 Ames (current)1/4"1/2"Complaint Only 1/2" diameter 50% + 1/4" depth 2 cracks greater than 1/8" wide -No 90 Des Moines 3/4"3/4"8 Years 3/4" deep 50% + 1/2" depth No piece of panel smaller than 1 SF 3/4"Yes - West Des Moines 1"-8 Years -50% of panel -2"-75 Altoona 1/2"1"4 Years 3/4" deep - 4" diameter 50% + 1/2" depth >50% + 3/4" depth 6 pieces 3/4"-- Urbandale 1"2"4 Years -50% + 1/2" depth 4 pieces + 1/2" Vertical or 2" Horizontal 2"-- Clive 1"-3 Years -Loose material 3 pieces + 1/2" Vertical or 2" Horizontal 2"-45 Iowa City 1"2"10 years -75% + 1" depth 4 cracks - no piece smaller and 16 square inches 3"-- Coralville 3/4"3/4"5 Years -50% + 1/2" depth 3 pieces - one or more loose 2"-- Cedar Rapids 1/4"-8 Years ---2"Yes - Marion 1"2"--1" depth 3 pieces + 1/2" Vertical or 2" Horizontal 2"-- Waterloo 3/4"3/4"12 Years 1/2" deep - 1-1/2" diameter 50% + 1/2" depth 3 pieces - one or more loose 2"-45 Dubuque 3/4"3/4"10-12 miles per year 3/4" deep 50% + 3/4" depth 3 pieces + 3/4" Vertical or 3/4" Horizontal 2"-60 1487 ITEM #:26 DEPT:P&H April 9, 2024 Staff Report REQUEST FOR ACCOMMODATION FOR KIWANIS TRAILER AT 803 & 919 E. LINCOLN WAY BACKGROUND: On February 13, representatives from Ames Kiwanis sent an email to City Council requesting accommodation of a semi-trailer used for paper recycling that does not meet zoning ordinance requirements. The request was in response to discussion with City staff about resolving setback and paving requirements for an existing site upon which the organization parks the trailer for newspaper recycling drop off. City Council referred the item to staff for a memo, and on March 26, 2024, directed that the item be placed on an agenda for discussion. On November 22, 2023, Planning and Housing Department staff received a Special Use Permit (SUP) request for 919 E. Lincoln Way. Overflow Thrift Store applied to have a retail store larger than 3,000 square feet in the General Industrial (GI) Zoning District, which requires approval by the Zoning Board of Adjustment via an SUP. As a part of the review process, staff found that the site at 919 was out of compliance with the Zoning Ordinance in two areas related to paving and setback requirements: 1. A gravel driveway and parking area had been placed across the property line of 919 and on the property directly to the west, 803 E. Lincoln Way. An additional gravel parking area was added on the north part of 803 Lincoln Way, unrelated to Kiwanis. Based on aerial photos, both gravel parking areas were added to the properties between from 2017 and 2019. The gravel parking on the north side of 803 E Lincoln Way, which is unrelated to the Kiwanis trailer, will be handled separately for code compliance. 2. A semi-truck trailer was placed across the property line. The trailer is parked at that location almost permanently. After reviewing site plan records, staff also determined that the gravel driveway and parking areas had been added to the properties without the benefit of review for any permits by the City of Ames. Placing of rock and creating maneuvering or storage areas is subject to City review as development, which in most cases must be paved. Storage areas are also subject to setback requirements (12-foot side yard in GI) A Site Development Plan is required for any development in excess of 150 square feet (Sec. 29.1502(2)(b)(iii)). Staff discussed the violations with Overflow Thrift during its Special Use Permit process and sent a letter to the owner of 803 E. Lincoln Way. The owner of 803 then contacted Ames Golden K Kiwanis Club, which operates the trailer on the gravel straddling the property line. Staff spoke with both representatives of Kiwanis and the property owner of 803 explaining the requirement for paving parking 88 lots and driveways. Kiwanis uses the trailer to collect paper, which it then takes to be recycled (GI zoning allows for recycling). Revenue generated from the paper collection is used to support a variety of charities. The gravel parking area used by Kiwanis was placed on both properties so that a semi-truck could drive onto 803, then park and unload the trailer, then drive off onto 919. Staff met several times with Kiwanis representatives. Kiwanis then attempted to find another location for the trailer, as the group determined that paving the parking area would cost more than they were willing to spend. Kiwanis spoke with both Overflow and with Ames Resource Recovery; however, before discussions concluded, Kiwanis sent the email to the City Council on February 13. ZONING COMPLIANCE: The property at 803 E. Lincoln Way has three issues, two of which pertain to Kiwanis: 1. (Kiwanis) A use (recycling collection) that crosses a property line. The setbacks are 12 feet for storage areas. 2. (Kiwanis) A gravel parking and maneuvering area was created on the east side of the property. This issue also pertains to the Overflow property, as the gravel was dumped on both lots creating an issue for both sites. 3. (Non-Kiwanis) A gravel parking lot on the north side of the property that was created without a site plan. OPTIONS: Staff has identified and discussed options with Kiwanis representatives regarding ways to address the issues and comply with current zoning requirements with no changes to regulations: 1. Kiwanis can move the trailer 12 feet away from the side property line, remove the gravel on the east side of the property and on the Overflow property, and apply for a Minor Site Development Plan that complies with the Zoning Ordinance (this will involve a concrete or asphalt parking area to access the trailer). 2. For the north gravel parking lot, the property owner (not Kiwanis) can remove the gravel and apply for a Minor Site Development Plan that complies with the Zoning Ordinance for new paving or remove it and keep as green space. 3. Kiwanis can find another location for the paper collection trailer where it can be accessed from a paved maneuvering area. If the trailer moves, the sites will still require cleanup of the gravel that was dumped on the site to comply with zoning standards. Alternative locations could include: 89 a. Members of Kiwanis talked to Resource Recovery staff about relocating the trailer to City property along E. 2nd Street, but there was no decision or agreement to locate it on City property due to lack of space on a paved area and other operation questions. b. Relocate the trailer to the Overflow property. There are options for locating the trailer at Overflow with minor changes to the property and the cleanup of the gravel, if Overflow wants to allow the trailer on site. Overflow indicated to staff last week that they are still open to Kiwanis using their site but have not finalized any agreement for doing so. c. Relocate the trailer to another non-City property that complies with the regulations. OPTIONS: As described above, there are choices within the control of Kiwanis to continue the newspaper recycling operation and comply with zoning standards. However, the Kiwanis request to Council revolves around accommodating the paper donation use without conformance to all zoning standards. It should be noted that the City Council cannot directly approve the specific site's present conditions. At this time no specific permit exists for relief from zoning for outdoor storage or exceptions to standards that the Zoning Board of Adjustment could review and approve. This type of situation does not fit the criteria to obtain a variance, either. The City Council, if it desires, may only choose to alter the broader zoning regulations related to the issue that could then facilitate their interests. If City Council is interested in adjusting zoning regulations, there is no obvious, small change to the Zoning Ordinance that would resolve the issues. The primary two issues are core development standards, paved maneuvering areas and setbacks, and while they can be changed, they would have broader implications. The recent direction to create the 20% rule for zoning flexibility would not address this issue either. Staff believes the only text amendment option available would be to create an "Exception" permitting process for outdoor storage uses for review by the Zoning Board of Adjustment. This would allow ZBA to consider site specific details and the proposed use to determine if it would be compatible with the surroundings. STAFF COMMENTS: Kiwanis would like to remain at its present location as many people are familiar with the current setup and the group is concerned that moving the trailer will disrupt operations. Moving the trailer completely onto Overflow’s property might be the best solution as there is a natural tie-in between recycling and dropping off donation goods, and site is improved. Also, the trailer would not be moving far, causing minimal confusion. This arrangement, though, is subject to the agreement of Overflow and having that site meet zoning requirements. The two core issues of setbacks and paving apply broadly across the City, and it is not readily obvious what type of adjustment would be appropriate to accommodate Kiwanis. The City 90 currently does have limited setback exceptions (for instance, related to accessory structures to residential uses). These exceptions, however, do not allow uses to cross property lines. Commercial properties, however, are not generally understood to have accessory structures; all structures on a commercial property are considered primary. The requirement that parking lots and driveways be paved is common in city zoning regulations. Unpaved parking areas produce dust, gravel and dirt can be carried out into the public street through rain or regular use. Carving out exceptions to paved parking may risk undermining that r equireme nt. In limited cases, storage of outdoor materials is allowed on gravel, such as pallets containing construction materials, however setbacks and other site standards still apply to the outdoor storage. Potentially, a change in outdoor storage requirements through a ZBA approval for encroachment as a minor exception would be an effective text amendment resolution. Staff does not believe other types of changes would be warranted at this time. ATTACHMENT(S): Attachment A.pdf 91 Attachment A Map 92 ITEM #:27 DATE:04-09-24 DEPT:P&H SUBJECT:PLATS OF SURVEY FOR RURAL BOUNDARY LINE ADJUSTMENTS WITHIN BOONE COUNTY 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. The applicant owns multiple parcels in Boone County, outside of Ames but within the 2-mile Urban Fringe Area (see Attachments A and B). There are two separate plats of survey (Attachment C): 1. A boundary line adjustment on the south side of 220th Street reconfiguring the two existing parcels by adjusting the common boundary, and resulting in two parcels of similar acreages. 2. A boundary line adjustment on the north side of 220th Street for existing six (6) parcels, moving the common boundaries, and resulting in three parcels, with in one parcel for an existing home and two other larger vacant parcels (one of which is Parcel C). The owner desires to divide the property for future estate planning. Last year, the applicant wrote a letter to Council requesting that subdivision standards (such as those for sidewalks, right-of-way dedication, extension of utilities, and street trees) be waived to allow for the modification of the property lines and create a lot for the existing home. Council consented to this request. The applicant also stated he was amenable to having a restriction placed on the property restricting the use to "farming use" only and this was considered as part of the Council authorization to proceed with Plats of Survey. Subsequently the applicant worked with staff to finalize the proposed parcel boundaries and discussed the limitations of use and whether a single home would be allowed for proposed Parcel C. The applicant would like to construct a house on one of the parcels on the north side that is greater than 35-acres and seeks approval of the Plat of Survey without a use restriction. Staff recently confirmed this desire with the applicant. RURAL SUBDIVIDION POLICY: The subject properties are within the Urban Reserve, as defined by Ames Plan 2040. The comprehensive plan views these areas as the most likely to be annexed at some point in the future, but outside of the current designated growth areas, and therefore treats them with care when considering future development potential. Policies in Ames Plan 2040 support land divisions only for breaking off an existing farmstead and creating parcels of at least 35 acres. Divisions should not create parcels that limit future annexation options. Ames Plan 2040 also seeks to preserve agricultural land and to limit development for commercial or residential purposes. 93 As boundary line adjustments, the plats of survey provide a unique condition compared to most projects that are creating additional parcels rather than consolidating parcels. The key policy element is the consistency of parcels sizes for the exiting home located on its own individual parcel and the new parcels since there is not an apparent increase in development potential with the proposal. The south property is all agricultural use. The proposed parcels are both larger than 35 acres and are consistent with lot size policies of Ames Plan 2040. The north property contains farmland and an existing farmstead. The plat of survey proposes to break off the farmstead onto a four-acre parcel and create two additional parcels larger than 35 acres that will be used primarily for agriculture. However, the applicant desires to have the ability to build a new house on one of the north parcels (Parcel C) since the site exceeds 35 acres. The proposed parcel for the exiting home is consistent with our standards policies about creating individual parcels for existing homes when the resulting parcels also conform to area minimums of 35 acres or with use limitations. to avoid rural subdivision for additional homes. ALTERNATIVES: 1. Approve proposed plats of survey and authorize the Planning Director to approve the plats of survey without a use limit on Parcel C, but with an agricultural use limit on the other three vacant parcels. (This could be accomplished with a No Build note on the Plat of Survey, or a separate legal document recorded with the plat) 2. Approve the proposed plats of survey and authorize the Planning Director to approve the plats of survey subject to a use restriction for all of the parcels as agriculture uses only. 3. Approve proposed plats of survey and authorize the Planning Director to approve the plats of survey with no specific use limitations. 4. Deny the proposed plats 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. 5. Refer this request back to staff and/or the owner for additional information. CITY MANAGER'S RECOMMENDED ACTION: The Urban Fringe requirements in Ames Plan 2040 were written to protect the future growth of the City. Subdividing land is the most foundational of planning tools. Subdividing property in a haphazard way can impede the future use of land and deter the rational development of streets and infrastructure. Typically, the City seeks covenants with waivers of subdivision authority. In this situation as boundary line adjustments, no specific improvements are required and no covenants related to waivers are proposed. Staff finds that the proposed plats of survey comply with Ames Plan 2040 in regards to parcel sizes and planning principals that will protect the City's future growth. During the 2023 discussion of parcel configurations and waiver of City improvement requirements that may apply to the project resulted in direction to support the project with a use limitation. The applicant now requests that in consideration of the final configuration and overall parcel size that the agricultural use restriction is not required for Parcel C on the north plat of survey, which differs from the 2023 discussion for use of the properties. 94 Although staff believes that having no use restriction on Parcel C can be found to conform to our policies, it should be noted that future subdivision of any of lands would be restricted by Ames Plan 2 0 4 0 policies related to creating new and additional parcels for development or individual house lots. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. ATTACHMENT(S): Attachment A - Context Map.pdf Attachment B - Subject Property.pdf Attachment C - Proposed Plats.pdf 95 ONTARIO ST WESTFIELDRD S 500TH AVE ELLSTON AVE THACKERAY DR WILDER PL WILDERAVE SCHUBERT ST NEBRASKA AVE WILDERBLVD CLEMENSBLVD MILLER AVE WESTFIELD DR INDIANA AVE KANSAS DR BRITISH COLUMBIA AVE HARTFORD DR LINCOLN WAY EMERSON DR FREMONT AVE MISSOURI STMARYLANDST MORTENSENRD TENNESSEEST US HIGHWAY 30 TENNYSON AVE LINCOLN HIGHWAY N 500TH AVE HEMINGWAY DR ROWLING DR 215TH ST BROWN CT Y AVE 230TH ST XE PL 227TH PL XB PL 229TH PL 228TH PL 212TH ST212THST W LINCOLN WAY230TH ST X AVE XL AVE XG PL 210TH ST 207TH PL RAMP RAMP 220TH ST US 30 US 30 230TH ST Legend LVS Farms Pro perty Ames City L imits Two Mile Urban Fringe Fringe Land Use - Natu ra l Areas Fringe Land Use - Rural Character LVS FARMS - 1.14 MILES - AMES ATTACHMENT ACONTEXT MAP 96 XEPL 227th Pl 228th Pl 220th St X Ave Legend LVS Farms - North Property LVS Farms - South Property AMES - 1.14 MILES ATTACHMENT BLVS FARMS - PLATS OF SURVEY 97 ATTACHMENT C LVS FARMS – SOUTH OF 220TH STREET 98 ATTACHMENT C (CONTINUED) LVS FARMS – NORTH OF 220TH STREET 99 ITEM #:28 DATE:04-09-24 DEPT:P&H SUBJECT:PROPOSED 2024-29 CONSOLIDATED PLAN FIVE YEAR GOALS AND 2024- 25 ANNUAL ACTION PLAN PROJECTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS AND FOLLOW UP FROM PUBLIC FORUM INPUT COUNCIL ACTION FORM BACKGROUND: One major requirement in receiving the Community Development Block Grant (CDBG) funds is for the City to submit a three or five-year Consolidated Plan to the federal Department of Housing and Urban Development (HUD). The Consolidated Plan is the planning document (Comprehensive Housing Affordability Strategy, or CHAS) for the jurisdiction. This plan requires detailed background information on the community, derived both from census data and other comprehensive studies performed by the community. The Plan must identify the goals and priorities to address for the housing and community development needs of both low and moderate-income persons and non-low and moderate-income persons. On an annual basis, the City adopts an Annual Action Plan for programs that implement the goals of the Consolidated Plan. The City of Ames has selected the five-year period to submit its plan and will complete the administration of its fourth five-year Consolidated Plan on June 30, 2024. CDBG regulations require that the City must now submit an updated five-year plan for the period from July 1, 2024, through June 30, 2029. City Council is now being asked to approve Goals and Priorities to include in the draft Consolidated Plan and Annual Action Plan. The staff will then prepare both a five year plan and annual action plan for the required 30 day public comment period. If HUD has released the funding allocation amounts for the upcoming year, the regulations require that the Consolidated Plan be submitted for HUD’s approval within 45 days before the beginning of the program fiscal year, which is on or before May 17th. However, HUD has not released the 2024-25 funding allocation at this time. Therefore, staff will be requesting approval to submit the plan on or before August 15, 2024, which is the maximum statutory submittal date. The process for updating the Five-Year Consolidated Plan began at the February 20, 2024, City Council workshop where the public was invited to participate with the City Council to solicit public input regarding possible goals and priorities for the 2024-29 Five-Year Consolidated Plan. Twenty (20) persons attended the workshop representing non-profit organizations, citizen action groups, students, Ames High, and residents. During the workshop, staff presented an overview of the CDBG Program and HOME Program along with a review of the 2004, 2009, 2014, and 2019 goals/priorities and the City Council's current goal supporting diverse housing opportunities. (see Attachments A-D, F). Staff also presented data from the Fair Housing Impediments Study (Attachment E). At the conclusion of the presentation, the public and the City Council members broke into small group settings to discuss the needs for low- and moderate- income persons as well as the needs of non-low and moderate-income persons in the community to determine if either continue to reflect the needs if they should be updated and to discuss new perceived needs of the community. 100 After the small group discussions, each group was asked to share their comments on the goals and any proposed goals. This input is included as Attachment G. CONSOLIDATED PLAN: Based upon all of the above information and community input, which included similar conversations and themes, staff proposes the following goals and priorities for the draft 2024- 2029 Five-year Consolidated Plan for the City Council’s consideration: Utilize and leverage CDBG and HOME Funds through “private, non-profit and public” partnerships to: 1. To create and expand sustainable, affordable housing for low and moderate-income households through the following outcomes: Increase the supply of single-family and multi-family housing in the Neighborhood Revitalization Strategy Area (NRSA) and Citywide; Reduce the cost burden for low-income households to access or maintain rental housing and/or homeownership in the NRSA and citywide; Strengthen neighborhoods by implementing housing programs and services, including acquiring, demolishing, and rehabilitating housing units that support homeowners, homebuyers, and renters in obtaining and remaining in affordable housing. Strengthen neighborhoods by implementing programs that increase or improve public facilities, infrastructure, and services in low and moderate-income census tracts. 2. To create and expand sustainable, affordable housing for NON-low-and moderate-income households through the following outcomes: Integrate affordable and market-rate residential developments; Remove blight and deteriorated housing to reuse into new housing; Support and address code enforcement of deteriorated housing; Remove blight and deteriorated housing in floodplains and other hazardous areas. Staff believes these goals are easily understood and broad enough to allow the flexibility and variety to implement annual programs during the five-year period. ANNUAL ACTION PLAN: The next step in the process of planning for the upcoming budget year, was to conduct public forums to gain feedback on potential projects for the 2024-25 CDBG/HOME Annual Action Plan. On March 19 and 20th, staff hosted public forms to gain input regarding potential projects for the 2024-2025 CDBG/HOME Annual Action Plan, which will need to be submitted with the 2024-2029 Five-Year Consolidated Plan. Fifteen (15) persons attended the sessions over the two days. Attendees included the six non-profit agencies, two Ames Climate Action Team representatives, five citizens, one City of Ames employee, and one representative of the media. The following agenda was presented, and forum attendees were given the opportunity to participate in a group discussion regarding the following agenda items: 1. Basic overview of the CDBG, HOME, HOME-ARP, and CARES-CV Programs 2. Review of the Consolidated Planning Requirements. 3. Overview of the Five-year Goals and Priorities adopted for 2019-23 and the proposed Goals and 101 Priorities for 2024-29. 4. Review of the current 2023-24 Annual Action Plan projects 5. Group feedback and 6. Tentative Timeline for next steps The public feedback was centered around the need to continue to address affordable housing and neighborhoods. Staff has summarized the public comments and primary questions/comments about funding options as follows: • Need for assistance with Deposits (Rent and Utilities) • Single-family housing Rehabilitation Assistance (including solar power and new energy-efficient appliances) • Homebuyer Assistance (Down payment) • Mitigation Assistance (damage and repair) • Tenant/Landlord Education • Rehabilitation Assistance for Non-Profits • Expanded Program Marketing (outreach to ISU student population, i.e. social media) Taking into consideration all of the above public input and information (including the proposed 2024-29 Consolidated Plan Priorities and Goals, staff is recommending the following five proposed projects and budget for the 2024-25 Annual Action Plan (see Attachment H). CDBG: Deposit and First Month's Rental Assistance $148,800 CDBG: Homebuyer Assistance Program (Down payment/Closing Cost/Education)$148,796 CDBG: Single-Family Housing Rehabilitation Program $148,796 HOME: Tenant Based Rental Assistance $150,000 HOME; New Single -Family Home Construction $91,324 Administration: CDBG $111,598 Administration: HOME $32,176 Grand Total $831,490** **Since HUD has not announced our funding allocations for 2024-25, staff is projecting the current 2023-24 allocation for programming as follows: CDBG-$557,990 and HOME-$273,500. Once the 2024-25 allocations are announced, the budget will be adjusted accordingly prior to the plan being submitted to HUD. In addition to our upcoming allocation, staff will continue to implement previously approved programs with rollover funds. ALTERNATIVES: 1. The City Council can approve the proposed 2024-29 Five-Year Consolidated Plan Goals and Priorities and the proposed 2024-25 Annual Action Plan Program Projects, including the proposed estimated budget (Attachment H) for the City's CDBG/HOME Programs. 2. The City Council can modify the proposed 2024-29 Five-Year Consolidated Plan Goals and Priorities and the proposed 2024-25 Annual Action Plan Program Projects, including the proposed estimated budget (Attachment H) for the City's CDBG/HOME Programs. 3. The City Council can refer this item back to staff for additional information. 102 CITY MANAGER'S RECOMMENDED ACTION: These CDBG and HOME funds offer the City a unique opportunity to continue to use federal funding to address local housing and community development needs. Establishing new goals and priorities is essential to the continued use of these funds. Approving proposed goals, priorities, and programs will assist staff with finalizing the draft plans and working within the established HUD timelines. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. This action will approve the 2024-2029 proposed five-year Consolidated Plan goals and priorities and the proposed 2024-25 Annual Action Plan Program projects in connection with the City’s Community Development Block/HOME grant programs. Staff will then proceed with preparing the appropriate plan documents for the 30-day public comment period. ATTACHMENT(S): Attachment A-H-1.pdf 103 ATTACHMENT A 2019-24 City of Ames Goals and Priorities to Address the Major Housing and Community Development Needs of Low and Moderate-income residents in the community: Goals and Priorities to address Low and Moderate-income residents in the community. 1. Utilize and leverage CDBG and HOME Funds through “private, non-profit, and public” partnerships to create, sustain, and expand affordable housing for low and moderate-income households through: • Increase supply of single-family or two-family housing for ownership in the Neighborhood Revitalization Strategy Area (NRSA); • Reduce the cost burden for low-income households to access or maintain rental housing citywide; • Increase the affordability, quality, and availability of owner housing for homeowners citywide. Goals and Priorities to address the major Housing and Community Development needs of Non-Low and Moderate Income residents in the community 1. Utilize and leverage CDBG* and HOME Funds through “private, non-profit and public” partnerships create, sustain, and expand housing for NON-low and moderate-income households through: • Integrate affordable and market-rate residential developments; • Remove blight and deteriorated housing to reuse into new housing; • Support and address code enforcement of deteriorated housing; • Remove blight and deteriorated housing in floodplains and other hazardous areas. 104 ATTACHMENT B 2014-19 City of Ames Goals and Priorities to Address the Major Housing and Community Development Needs of Low and Moderate-Income residents in the community: 1. Goal: Utilize and leverage CDBG Funds for Low and Moderate Income Persons through private and public partnerships as follows: A1. Objective: To create, expand and maintain Affordable Housing for Homeless and Low-income persons. Outcomes: i. Increase the supply of affordable rental housing ii. Improve the quality of affordable rental housing iii. Increase the availability of affordable owner-occupied housing iv. Maintain the supply of affordable owner-occupied housing v. Provide temporary rental assistance vi. Increase the supply of mixed-use development vii. Expand and maintain the supply of emergency shelter and transitional housing. A2. Objective: To maintain the Community Development Services of the Community Outcomes: i. Continue provision of the Public Service Needs for homeless, special populations, and low-income households (utilities, rent, deposits, childcare, transportation, employment training, substance abuse, health services, legal services, and other public service needs) and reduce duplication of services. ii. Continue providing Public Facilities for the homeless, special populations, and low-income households (senior centers, homeless facilities, child care centers, mental health facilities, neighborhood facilities, and other public facilities needs). iii. Continue providing public infrastructure for low-income census tracts (water, street, sidewalk improvements). 2. Goal: Utilize and leverage CDBG Funds for NON-Low and Moderate Income Persons through private and public partnerships as follows: A1. Objective: Address Housing Needs in Non-Low and Moderate Income Census Tracts Outcomes: i. Integrate affordable and market-rate residential developments ii. Remove blight and deteriorated housing to reuse into new housing iii. Support and address code enforcement of deteriorated housing iv. Remove blight and deteriorated housing in floodplains and other hazardous areas. 105 ATTACHMENT C 2009-14 City of Ames Goals and Priorities to Address the Major Housing and Community Development Needs of Low and moderate-income residents in the community: 1. CDBG funds should be used to strengthen neighborhoods by implementing affordable housing programs and services through acquiring, demolishing, and rehabilitating housing units that support homeowners, homebuyers, and renters to obtain and remain in affordable housing. 2. CDBG funds should be used to promote one community by implementing programs that support a continuum of new or expanded housing and services targeted for homeless, transitional housing clients, and persons with special needs. 3. CDBG funds should be used to strengthen neighborhoods by implementing programs that will increase or improve public facilities, infrastructure, and services Goals and Priorities to address the major Housing and Community Development Needs of NON-Low and Moderate Income residents in the community 1. CDBG funds should be used for slum and blight removal in non-low—and moderate-income areas to assist in redevelopment projects and decrease the number of substandard housing units through acquisition, demolition, and new construction. 106 ATTACHMENT D 2004-09 City of Ames Goals and Priorities to Address the Major Housing and Community Development Needs of Low and Moderate-Income residents in the community: 1. Construct/Acquire/ and Rehabilitate affordable housing and support to homeowners, home buyers, and renters to obtain and remain in affordable housing. 2. Support a continuum of care for new or expanded housing and services targeted for homeless, transitional housing clients, and persons with special needs. Any proposed project from Human Services Agencies must have prior approval through the ASSET process. 3. Increase and improve public facilities, infrastructure and other activities and redevelopment of non-public facilities. 4. Expand job opportunities by assisting with microenterprise business development and by providing training and access to employment. 5. Support activities and services that meet the social, health, recreational, and educational needs of low-and moderate-income residents. Goals and Priorities to address the major Housing and Community Development needs of NON-Low and Moderate-income residents in the community 1. CDBG funds should be used for slum and blight removal in non-low and moderate- income areas to assist in redevelopment projects to decrease the number of substandard housing units through acquisition, demolition, and new construction. 107 ATTACHMENT E A Summary of Fair Housing Impediments Study: DATA ANALYSIS CONCLUSIONS Based on the data from the Fair Housing Impediments Survey, the top four housing burdens are as follows: 1. “Cost of Housing” for both renters and homeowners. It is ranked as the first 1st housing burden for general renters, ISU students, and homeowners. It ranked as 4th by subsidized renters. For homeowners, the “cost of housing” is the only important barrier. 2. “Availability“ of affordable housing was a housing burden for renters. It is ranked as the second housing burden for both general renters and ISU students and first for subsidized renters. This is the same trend as in the 2014 and 2019 surveys. 3.“Excessive rental deposits” were ranked as the second burden by subsidized renters and the third by ISU students. 4. “Cost of utilities” was ranked as 3rd housing burden by general renters. 108 ATTACHMENT F Ames City Council Goal WE VALUE DIVERSE HOUSING OPTIONS FOR THE COMMUNITY • Increase quantity and variety of single- and multi-family housing units at various price points or rental rates related to new construction and rehabilitation of existing. 109 ATTACHMENT G CITY COUNCIL WORKSHOP – February 20, 2024 Ames City Hall – Council Chambers CDBG and HOME Programs CDBG / HOME Five-Year Consolidated Plan Input Low and Moderate • 1st Bullet – Two family Changed to multi-family • Expand to City-wide beyond just NRSA • Workforce / Accessibility to services • Rental Deposit • Integrated Goals with CAP • Roomers – Zoning Impediment • Education to address rental costs/concerns Non- Low and Moderate • Increase sustainability of housing for non-low-income households Low and Moderate (L1) 1. Create/sustain/expand - Reduce cost burden - Density (Increase affordability) - Quality (rent & own) - $ for improvements - (Incentives for low-income housing) – Keep units affordable Non – Low Income / Moderate Create/ Sustain / Expand (Prioritize) - Blight / Deteriorated homes - Improve efficiency. - Maintain - Density 110 ATTACHMENT H 2024-25 DRAFT Proposed CDBG/HOME Annual Action Plan Projects and Budget PROPOSED 2024-25 Action Plan Expenditure Budget: 2024-25 Programs Budget CDBG Deposits and 1st Month Rental Assistance Program $148,800 CDBG Homebuyer Assistance Program (Down payment/ Closing Cost/Education) $148,796 CDBG Single-Family Housing Rehabilitation Program $148,796 HOME New Single-family Construction $91,324 Subtotal $687,716 General Administration for CDBG & HOME HOME: $32,176 Subtotal $143,774 Grand Total CDBG, & HOME $831,490 PROPOSED 2024-25 Action Plan Revenue Budget: Grand Total CDBG, HOME & HOME-ARP $831,490 111 ATTACHMENT H-1 Current CDBG/HOME Project Approved for Implementa�on CDBG Deposits and 1st Month Rental Assistance Program CDBG Homebuyer Assistance Program (Down payment/ Closing Cost/Education) HOME-Tenant-Based Rental Assistance Program (TBRA) 2022-23 Rollover Programs Infrastructure Pocket Park Improvements-Baker Subdivision Single-Family Housing Rehabilitation Program for Homeowners HOME Single New Home Construction 112 ITEM #:29 DATE:04-09-24 DEPT:P&H SUBJECT:CITYWIDE URBAN REVITALIZATION AREA DESIGNATION AND PLAN TO INCENTIVIZE NEW RESIDENTIAL HOUSING CONSTRUCTION COUNCIL ACTION FORM BACKGROUND: On February 27, City Council reviewed the request from the AEDC Short Term Housing Taskforce to consider incentives for new construction of residential housing. Staff provided background information regarding housing construction and examples of other communities with property tax abatement incentives. City staff also discussed options for eligibility criteria, including green building requirements. At the February 27 meeting, City Council directed staff to prepare an Urban Revitalization Area (URA) designation for the entire City if feasible, and to include a Plan for incentivizing construction of new ownership housing, subject to certain eligibility limitations pertaining. Council also directed staff to provide options at a late date for incentivizing green building construction with an alternative program. Staff returned to City Council on March 7 to finalize the city-wide area designation and notification requirements for all property owners in the City and set April 9 as the public hearing date for the URA Designation and Plan. The Draft Plan is included as Attachment A. The URA designation will apply city-wide to the current boundaries of the City. When the City annexes additional lands, an amendment to the Plan would be required to incorporate the new lands into the boundaries of the URA. To approve an Urban Revitalization Area, Iowa Code 404 outlines certain conditions that must exist. A City Council resolution must be adopted that declares that a URA designation is necessary and that it conforms to the requirements of Chapter 404. Expanding housing options within the community is both desirable and necessary for the economic health of the city and having a URA is in the interest of general welfare of the residents of the City. The designation of the entire city as a URA conforms to the criteria that the area is appropriate for the construction of new housing described in Iowa Code 404.1. The URA Plan includes background and objectives of the City of Ames for encouraging the creation of additional new construction ownership housing in the City. Section 7 of the Plan includes requirements for new residential construction to comply with certain requirements to be "Qualified Real Estate" eligible for a partial property tax abatement incentive, including: i. A residential dwelling with its related improvements, for the actual value of improvements up to a maximum value of $500,000. ii. The qualified improvement must have received a building permit from the City of Ames, Iowa prior to December 31, 2027. iii. Improvements must be completed in conformance with zoning and building code standards of the Ames Municipal Code. 113 iv. Only the Residential assessment classification of improvements is eligible, regardless of underlying zoning. Property classified as agricultural or zoned agricultural is not eligible. v. The property must be owner-occupied, inclusive of all building types with individual defined ownership, including single family detached, single family attached, condominiums, accessory, dwelling units, and two-family homes. vi. Located on a vacant lot that was not previously developed with a single-family dwelling that was demolished to allow for new improvements. Section 8 of the Plan includes a duration designed to allow for new construction of housing starting as late as December 31, 2027 and requires the construction to be completed no later than December 31, 2028. This means that any improvements that begin on or after January 1, 2028 will be ineligible as Qualified Real Estate and any improvements completed on or after January 1, 2029 will be ineligible, regardless of when construction had begun. Properties with improvements may be eligible for a partial property tax exemption on New Construction improvements as described in Section 7 of the Plan and within the duration of the Plan listed in Section 8 of the Plan. A partial property tax exemption on the first $500,000 of eligible improvements is authorized on five-year sliding scale as follows: Year 1- 100% Year 2- 80% Year 3- 60% Year 4- 40% Year 5- 20% The required improvements and eligibility must be maintained for the life of the tax exemption. If the home is not owner-occupied the City Council can determine the property is no longer Qualified Real Estate and notify the City Assessor the property is no longer eligible for abatement. Staff intends to relay on the "homestead credit" primarily to determine consistency with the owner occupied requirement. PUBLIC NOTICE: Notification for the public hearing was mailed to all property owners in the City on March 8. A public hearing notice was also published in the newspaper. The draft URA Plan was made available on the City's website on the Planning Division webpage. ALTERNATIVES: 1. Approve the resolution for conformance to Iowa Code 404, approve the ordinance for city-wide Urban Revitalization Area (URA) designation, and the resolution approving the Plan to incentivize new construction of ownership residential housing as described in Attachment A. 2. Approve the resolution for conformance to Iowa Code 404, approve the ordinance for city-wide Urban Revitalization Area (URA) designation, and the resolution approving the Plan to incentivize new construction of ownership residential housing with modifications. 114 3. Continue the public hearing to another date and direct staff to provide additional information. 4. Deny approval of the ordinance for the URA designation and resolution for the Plan. CITY MANAGER'S RECOMMENDED ACTION: Staff estimates (using 2023 tax rates) that if a property owner claims the full $500,000 allowance, then during the 5-year abatement schedule the homeowner would pay approximately $7,400 in taxes to the County and City. Over the same period, the homeowner's property tax liability would be reduced by $11,100 compared to no abatement. The homeowner will pay 100% of the school district taxes during the five years. A critical element of the new housing construction incentive is the timing of completing the i m p r o v eme n t s . State law only allows for improvements made after approval of a URA to be eligible to file for the property tax abatement incentive. This means homes completed before approval of the URA will not receive a tax abatement incentive. If a home is under construction but not completed, part of the improvement may be eligible for abatement based upon the date of approval of the URA. The owner will need to provide information at the time they file for the abatement what the specific qualified improvements are and their estimated value that will be eligible for abatement. All improvement started after approval of the URA will be eligible for the maximum incentive of $500,000 of abatement of improvement value if they are completed in accordance with the URA Plan. Approval of the URA designation and Plan require: the following two actions by City Council. First, the city-wide URA designation will require approval of an ordinance including the typical three readings. Second, the URA Plan will require approval of a resolution. If City Council desires to accelerate the final approval of the URA designation, it could consider waiving the Council's rules and complete all three readings on April 9 and approve the ordinance. If City Council waives the rules, the ordinance would be published on April 12 and become effective. If City Council does not waive the rules, the third reading is scheduled for the Council's regular meeting on May 14 and the ordinance would be published on May 17. Approval of the resolution for the Plan will be contingent on the date the ordinance is effective. In accordance with the City Council's goal to increase the diversity of housing in the city, it is the recommendation of the City Manager that the City Council approve either Alternative #1 for the city- wide URA designation and Plan consistent with Attachment A. Please note that at the February 27th City Council meeting, there was a motion to direct staff to provide options for criteria related to green building and sustainability measures as an additional option to the basic requirements of the proposed URA. Approval of the proposed city-wide URA allows for City Council to amend the URA Plan at any time to modify criteria or to provide an alternative abatement schedule with a normal published notice requirement and not full citywide mailed notification. ATTACHMENT(S): Citywide Urban Revitilization Area Plan-Final.pdf 115 1 Final April 9th, 2024 City of Ames Citywide Urban Revitalization Area Plan April 9th Public Hearing 116 2 Final April 9th, 2024 Citywide Urban Revitalization Area Plan Background. Iowa Code 404 allows for a City to address revitalization needs of the community through a process of designating revitalization areas. The purpose for revitalization within the Citywide Plan is to support construction of new housing within the City. The primary purpose of the plan is to provide a partial property abatement incentive for qualified real estate that is consistent with the criteria of the approved plan. The portion of the Act codified at Section 404.1 of the Iowa Code provides that the City Council may, by ordinance, designate an area of the city as a revitalization area, if that area is any of the following: 1. An area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and which is detrimental to the public health, safety, or welfare. 2. An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. 3. An area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. 4. An area which is appropriate as an economic development area as defined in Section 403.17. 5. An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing. 117 3 Final April 9th, 2024 Housing Needs The City of Ames has had a slower pace of residential development since 2020 with the impact of COVID 19 than before 2020. Commercial and industrial development has been relatively stable in this same timeframe, but the jobs housing imbalance has grown more pronounced putting more pressure on the housing demand and pricing and making housing less attainable. During 2023, the impact of inflation and higher interest rates caused a 5 year low in production of new housing with only 62 units of single and single family attached units built in total. At the same time the City has seen a decrease in housing production, the City of Ames adopted a new Comprehensive Plan that identifies housing priorities for the City to expand opportunities for all types of housing within the community and to encourage construction of additional ownership housing to balance out the current owner/ renter tenure mix of the City. Plan 2040 accommodates growth of more than 15,000 people over the next 17 years, which equates to potential housing construction averages of 300 housing units a year for single family and multi-family development. The Plan identifies priorities for expansion of the City to meet the bulk of the City’s new housing needs in defined growth areas to the North, East, South, and West, but also emphasizes infill opportunities for redevelopment areas and for small context sensitive housing options in existing neighborhoods. Based upon the City recently approved Ames Plan 2040, support for a wide variety of housing types and the public facilities are suitable for such new development, the City is qualified to designated the entire city and Urvan Revitalization Areas for housing construction. Note that establishing a citywide URA does not change existing land use designations or zoning regulations that apply to properties. All housing to be constructed will be required to be consistent with ordinances, standards, and policies that are in place for use and development of property. Objectives of the Plan Objectives of this Plan are to encourage new housing construction to increase the total amount of single- family housing built within the City, to encourage a more diverse range of building types, support expansion of ownership housing choices in the City, to primarily benefit construction of housing attainable to moderate income and other workforce housing needs, utilize existing and planned infrastructure in support of expanded housing options. 118 4 Final April 9th, 2024 CITYWIDE URBAN REVITALIZATION PLAN FOR NEW OWNSERSHIP HOUSING CONSTUCTION 1. Legal Description: The Urban Revitalization Area includes all property within the City limit of Ames. The general legal description of boundary of the city along with the current map of the City boundaries is included within Exhibit A. The Plan boundaries, may be amended by the City Council in the future as permitted by law, including for the purpose of adding additional land annexed to the city. 2. Assessed Valuation: A list setting forth the existing assessed valuation of the real estate in the Urban Revitalization Area, listing the land and building values separately is attached hereto as Exhibit B. Exhibit B is a digital file available for review upon request. 3. Owners: Name & Address: A spreadsheet based upon Story County Assessor Records for owners is included as Exhibit B. Exhibit B is a digital file available for review upon request. 4. Zoning District and Classification: The Plan applies citywide including properties with commercial, residential, and industrial, and agricultural zoning districts. Exhibit C is an excerpt of the current Zoning Map of the City of Ames depicting all current zoning districts and boundaries. 5. Land Use: The Plan applies citywide including properties with commercial, residential, and industrial, exempt, and agricultural uses. Exhibit D is a map using assessor use codes to categorize use of property. Staff estimates that of developable land, excluding natural areas, right-of-way, etc., that approximately 40% of the land use is residential, 40% Civic, 13% commercial, and 7% industrial. Exhibit E is the Ames Plan 2040 Future Land Use Map that indicates the City’s planned growth areas and areas of land use change. 6. City Services: The Plan itself does not require or include any specific expanded City services. The City Comprehensive Plan, Ames Plan 2040, includes information about the general infrastructure needed for growth of the community. The City’s specific plans for infrastructure improvements are included with the annually updated 5-year Capital Improvement Program (CIP) adopted by the City Council with the City’s annual budget. Both Ames Plan 2040 and the currently approved CIP are available for review on the City’s website and are incorporated by reference herein. 7. Eligibility Requirement: Revitalization shall be applicable only to that subset of eligible properties within the Plan area for NEW CONSTRUCTION. Qualified real estate includes only the following types of improvements that satisfy all requirements below: i. A residential dwelling with its related improvements, for the actual value of improvements up to a maximum value of $500,000. Improvements that are not included with new construction of a residential dwelling are not eligible, for example construction of a workshop, garage, shed subsequent to building a dwelling. ii. The qualified improvement must have received a building permit from the City of Ames Iowa prior to December 31, 2027. 119 5 Final April 9th, 2024 iii. Improvements must be completed in conformance with zoning and building code standards of the Ames Municipal Code. iv. Only the Residential assessment classification of improvements are eligible, regardless of underlying zoning. Property classified as agricultural or zoned agricultural are not eligible. v. The property must be owner occupied, inclusive of all building types with individual defined ownership, including single family detached, single family attached, condominiums, accessory dwelling units, and two-family homes. vi. Located on a vacant lot that was not previously developed with a single-family dwelling that was demolished to allow for new improvements. 8. Duration: The Plan has a limited duration to allow for improvements initiated prior to December 31, 2027 to be completed and to file a partial property tax exemption application as qualified real estate subject to the established criteria. No application for tax exemption for improvements initiated prior to December 31, 2027 will be accepted after February 1, 2029. No application for tax exemption for improvements initiated on or after January 1, 2028 are eligible for partial property tax exemption. Nothing in this Plan is meant to limit the City Council’s ability to modify, change, or terminate the Plan as allowed by law. In the event the program is modified or terminated, any improvement already approved and receiving tax exemption would continue to benefit from the exemption in accordance with the approved schedule of exemption. 9. Relocation: The plan does not require the displacement of any persons, and there will be no relocation benefits provided. 10. Percent Increase in Value Required: The value-added requirement is a ten (10) percent increase in actual value. 11. Tax Exemption Schedule: Qualified real estate may be eligible for a partial property tax exemption on New Construction improvements as described in Section 7 and within the duration of the Plan listed in Section 8. A partial property tax exemption on the first $500,000 of eligible improvements is authorized on five year sliding scale as follows: Year 1-100% Year 2-80% Year 3-60% Year 4-40% Year 5- 20% The required improvements and eligibility must be maintained for the life of the tax exemption. 120 6 Final April 9th, 2024 12. Federal, State, or Private Grant/Loan Programs for Residential Improvements: The City of Ames is a federal entitlement community for CDBG and Home funds. Although these funds may be used to support residential improvements, primarily for low-income households, including first time homebuyer assistance, they are not designated for this purpose exclusively. Programming of these funds occurs on an annual basis and are approved by the City Council. The State of Iowa offers a Workforce Housing Tax Credit program to developers of moderately priced housing. The developer applies to the Iowa Economic Development Authority for tax credit awards related to the construction of housing. Developers make take advantage of this program to construct new housing. 13. Revenue Bonds: The City has no plans for the issuance of Revenue Bonds to support revitalization projects. 14. Application Procedures Iowa Code 404.4 identifies the applicable application procedures for filing an exemption claim and the process to determine if the claim is in fact for qualified real estate. The general process is summarized below: Exemption Application. An application shall be filed for each new exemption claimed. The first application for an exemption shall be filed by the owner of the property on a City application form by February 1 of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements included in the project are first assessed for taxation, or the following two assessment years, in which case the exemption is allowed for the total number of years in the exemption schedule. Subsequent applications may also be considered, to the extent permitted by the Act. The City of Ames application form is available from the Planning and Housing Department. The completed City application form must be submitted to the Planning and Housing Department in accordance with the required timeline of February 1st described above and the limits of duration of the Plan. Upon receipt of a completed application, the City Council shall approve the application, subject to review by the local assessor pursuant to the Act, if the project is in conformance with the Plan, is located within the Urban Revitalization Area and if the improvements were made during the time the area was so designated. The City Council shall forward for review all approved applications to the appropriate local assessor by March 1 of each year with a statement indicating which exemption applies. Applications for exemption for succeeding years on approved projects shall not be required. The local assessor shall review each first-year application by making a physical review of the property, to determine if the improvements made increased the actual value of the qualified real estate by at least 10 percent (10%).If the assessor determines that the actual value of the real estate has increased by at least the requisite percent, the assessor shall proceed to determine the actual value of the property and certify the 121 7 Final April 9th, 2024 valuation determined pursuant to the Act to the county auditor at the time of transmitting the assessment rolls. However, if a new structure is erected on land upon which no structure existed at the start of the new construction, the assessor shall proceed to determine the actual value of the property and certify the valuations to the county auditor at the time of transmitting the assessment rolls. The assessor shall notify the applicant of the determination and the assessor's decision may be appealed to the local board of review at the times specified in Section 441.37 of the Code. If an application for exemption is denied as a result of failure to sufficiently increase the value of the real estate as provided in the Act, the owner may file a first annual application in a subsequent year when additional improvements are made to satisfy the requirements of the Act. After the tax exemption is granted, with periodic physical review by the assessor, for the time period specified in the tax exemption schedule under which the exemption was granted, the tax exemptions for the succeeding years shall be granted without the requirement of a new application. 15. Termination: Notwithstanding anything stated in this Article, if the City Council determines at any time that the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the revitalization area and terminate the availability of temporary exemptions from taxation pursuant to Iowa Code Chapter 404. 122 8 Final April 9th, 2024 Exhibit A Legal Description-General Description of the Corporate Boundaries of the City of Ames The land described as all that area presently within the Corporate Boundary of the City of Ames, Story County, Iowa, West of the 5th P.M., more particularly described as follows: Beginning at a point 1699.38 feet west of the Northeast Corner of Section 22, Township 84, Range 24 said point being the northeast corner of Lot C of the Quarry Estates Subdivision, First Addition, City of Ames, Story County, Iowa; thence south 507.22 feet to the northwest corner of Lot 11 of the H.P. Jensen’s Subdivision, Story County, Iowa; thence southwesterly along the west line of said Lot 11 a distance of 35.39 feet to the northeast corner of Lot 10 of the said H.P. Jensen’s Subdivision; thence southwesterly along the northwest line of said Lot 10 and Lot 9 of the said H.P. Jensen’s Subdivision a distance of 149.57 feet to the northwest corner of said Lot 9; thence southeasterly along the west line of said Lot 9 a distance of 74.21 feet to a point on the south line of said Outlot A of the said Quarry Estates Subdivision, First Addition; thence continuing southeasterly along the west line of said Lot 9 a distance of 89.25 feet to the southwest corner of said Lot 9; thence southwesterly along the north line of the right-of-way of Alta Vista Road in the said H.P. Jensen’s Subdivision a distance of 26.75 feet; thence southeasterly along the western extent of said road right-of-way and the west line of Lot 8 of the said H.P. Jensen’s Subdivision a distance of 163.04 feet; thence northeasterly along the south line of said Lot 8, Lot 7, and Lot 6 of the said H.P. Jensen’s Subdivision a distance of 415.88 feet to a point on the west line of Lot 1 of the Oaks Subdivision, Story County, Iowa; thence south along the west line of said Lot 1 a distance of 702.23 feet to the southwest point of said Lot 1; thence east along the south line of said Lot 1 a distance of 519.24 feet to the southeast corner of said Lot 1; thence southeasterly along the southwest line of Lot 5 of the said Oaks Subdivision a distance of 391.5 feet to a point on the southwest line of said Lot 5; thence continuing south along the southwest line of said Lot 5 a distance of 135.5 feet to the southwest corner of said Lot 5; thence east along the south line of said Lot 5 a distance of 155.8 feet to the southeast corner of said Lot 5 also being a point on the west right-of-way line of U.S. Highway 69; thence southwesterly along the west line of the U.S. Highway 69 right-of-way and Dawes Drive right-of-way a distance of approximately 3,944 feet to the northeast corner of Parcel S in the Northeast Quarter of said Fractional Northeast Quarter of Section 27, Township 84, Range 24 (Slide 219, Page 1); thence east along a line intersecting the Dawes Drive right-of-way a distance of 100 feet to the northwest corner of Parcel V part of Lots 3 and 6 in the Northeast Quarter of said Fractional Northeast Quarter of Section 27, Township 84, Range 24 (Slide 219 Page 6); thence east along the north line of said Parcel V to a point on the westerly right-of-way line of U.S. Highway 69 a distance of 331.67 feet; thence continuing east to the northeast corner of Lot 3 in the Northeast Quarter of said Fractional Northeast Quarter of Section 27, Township 84, Range 24 distance of 474.19 feet; thence south along the east line of said Northeast Quarter of said Fractional Northeast Quarter to the southeastern corner of said Northeast Quarter of said Fractional Northeast Quarter a distance of 630.8 feet also being a point along the centerline of the South Skunk River; thence southeasterly along said centerline of the South Skunk River being also the east line of Lot 1 Lying West of the River in the Southwest Quarter of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 a distance of 220.52 feet; thence northeasterly along the south line of a parcel described as the Southwest Quarter of the Fractional Northwest Quarter Lying East of said South Skunk River and West of Gary Purvis Property as Shown on Book 1 Page 249 Section 26, Township 84, Range 24 a distance of 100 feet; thence northwesterly along the west line of said parcel described as the Southwest Quarter of the Fractional Northwest Quarter Lying East of said South Skunk River and West of Gary 123 9 Final April 9th, 2024 Purvis Property as Shown on Book 1 Page 249 to the northeast corner thereof a distance of 185.36 feet; thence northwesterly along the west line of a parcel described as the Northwest Quarter of the Fractional Northwest Quarter West of Gary Purvis Property as Shown on Book 1 Page 249 Section 26, Township 84, Range 24 a distance of 420.06 feet; thence northeasterly along the west line of said parcel a distance of 503.02’ feet; thence northeasterly along the west line of said parcel to the northwest corner of said parcel a distance of 322.52 feet; thence east along the south line of the Riverside Heights and Purvis Subdivisions, Story County, Iowa, to the northeast corner of the Northwest Quarter of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 a distance of 1,087.86 feet; thence south along the east line of the West Half of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 to the southwest corner of Lot 2 of the Southwest Quarter of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 , a distance of 1,866.23 feet; thence west to the northwest corner of Lot 4 Lying Northeast of the said South Skunk River of the Southwest Quarter of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 , also being a point in the center of said South Skunk River a distance of 562.55 feet; thence following the centerline of the South Skunk River more or less and the west line of Lot 4 Lying Northeast of the said South Skunk River southeasterly 238 feet, southeasterly 334.93 feet, southeasterly 188.11 feet; thence northeasterly along the south line of said Lot 4 Lying Northeast of the said South Skunk River a distance of 248.57 feet; thence northeasterly along the north line of a parcel described as Lot 4 Lying Southwest of the said South Skunk River and Part of Lot 8 West of said River in the South Half of the Fractional Northwest Quarter of Section 26, Township 84, Range 24 a distance of 232.46 feet; thence southeasterly along the east line of said parcel and a parcel described as Lot 1 and Lot 8 West of the South Skunk River in the Northeast Quarter of the Southwest Fractional Quarter Section 26, Township 84, Range 24 distance of 353.92 feet; thence southeasterly along the east line of a parcel of land described as said Lot 1 and Lot 8 West of the South Skunk River to a point on the south line of said Lot 1 a distance of 156.2 feet; thence southeasterly more or less along the centerline of said South Skunk River and the east line of Lot 2 Lying West of the River Northeast Quarter of the Fractional Southwest Quarter of Section 26, Township 84, Range 24 a distance of 41.06 feet; thence southwesterly along the east line of said Lot 2 a distance of 149.15 feet; thence southwesterly along the east line of said Lot 2 a distance of 200.32 feet; thence southwesterly along the east line of said Lots 2 a distance of 216.85 feet to the southeast corner thereof; thence southwesterly along the east line of a parcel described as Lots 2, 3, and 4 West of the South Skunk River and E of Outlot A of the Scaldo Ridge Subdivision, City of Ames, Story County, Iowa a distance of 334.38 feet to the southeast corner thereof; thence southeasterly along the west line of a part of a Tract Lying East of the said South Skunk River described as Beginning at the northeast corner of the South Half of the Northeast Quarter of the Fractional Southwest Quarter of Section 26, Township 84, Range 24 W1330.5 feet, S328.8 feet, E76.8 feet, SE219.7 feet, SE171.3 feet, SE442.9 feet, SE249.5 feet, W322.7 feet, S20.8 feet, SE592 feet, E520 feet, N1470.5 feet to the Beginning a distance of 219.7 feet; thence southeasterly continuing along of the west line of said tract to the center of the South Skunk River a distance of 171.3 feet; thence southeasterly continuing along of the west line of said tract a distance of 442.9 feet; thence southeasterly continuing along of the west line of said tract a distance of 125.77 feet; thence continuing southeasterly along the west line of said tract and along a curve in said river a distance of 678.03 feet to the southwest corner of said tract; thence east to the southeast corner of said tract to a point on the east line of the Southeast Quarter of the Fractional Southwest Quarter of Section 26, Township 84, Range 24 a distance of 323.38 feet; thence south along said east line to the southwest corner of the Southwest Quarter of the Fractional Southeast Quarter of Section 26, Township 84, Range 24 a 124 10 Final April 9th, 2024 distance of 650.65 feet; thence east along the south line of the Southwest Quarter of the Fractional Southeast Quarter and Southeast Quarter of the Fractional Southeast Quarter of Section 26, Township 84, Range 24 also being the southeast corner of the West half of said Southeast Quarter of the Fractional Southeast Quarter the a distance of 1,980 feet; thence south a distance of 1,242.91 feet along the east line of the West half of the Northeast Quarter of the Northeast Fractional Quarter of Section 35, Township 84, Range 24; thence east to a point on the east line of the Northwest Quarter of the Fractional Northwest Quarter of Section 36, Township 84, Range 24 a distance of 1,982.8 feet; thence south along the east line of said Northwest Quarter of the Fractional Northwest Quarter to the southeast corner thereof a distance of 99.01 feet; thence west along the south line of said Northwest Quarter of the Fractional Northwest Quarter a distance of 1,214.72 feet; thence south to a point 344 feet north of the south line of the Northwest Quarter of the Fractional Southwest Quarter of Section 36, Township 84, Range 24 and 100 feet east of the west line of the said Northwest Quarter of the Fractional Southwest Quarter a distance of 2,296 feet; thence east to a point on the east line of said Northwest Quarter of the Fractional Southwest Quarter a distance of 1,220 feet; thence south along the east line of said Northwest Quarter of the Fractional Southwest Quarter distance of 86.6 feet; thence southwesterly a distance of 485.58 feet; thence southeasterly to a point on the east line of the Southwest Quarter of the Fractional Southwest Quarter of Section 36, Township 84, Range 24 a distance of 961.9 feet; thence south along the east line of said Southwest Quarter of the Fractional Southwest Quarter to the southeast corner of said Southwest Quarter of the Fractional Southwest Quarter a distance of 268 feet; thence east along the south line of the South Fractional Half of Section 36, Township 84, Range 24 to a point on the west line of the Walter Family Campus Subdivision a distance of 1,879.86 feet; thence north along the west line of the said Walter Family Campus Subdivision to the northwest corner of the said Walter Family Campus Subdivision a distance of 594.91 feet; thence east along the north line of the said Walter Family Campus Subdivision to the northeast corner of the said Walter Family Campus Subdivision a distance of 722.58 feet; thence north along the east line of the West Half of the East Fractional Half of Section 36, Township 84, Range 24 to a point on said east line 16.5 feet south of the northwest corner of the Northeast Quarter of the Fractional Northeast Quarter also being the northwest corner of the North Dayton Industrial Subdivision, City of Ames, Story County, Iowa, a distance of 4,696.35 feet; thence east along the north line of the said North Dayton Industrial Subdivision and a line 16.5 feet south of the north line of the Northeast Quarter of the Fractional Northeast Quarter a distance of 1,321 feet also being a point on the centerline of Dayton Avenue; thence north also said road centerline a distance of 1,976.9 feet; thence along the north line of said parcel described as the South 42.23 Acres of the North Half of the Southwest Fractional Quarter Section 30, Township 84, Range 23 to a point on the west right-of-way line of Interstate 35 a distance of 3041.74 feet; thence south along said right-of-way line to the northeast corner of the Northeast Quarter of the Southwest Fractional Quarter Section 31, Township 84, Range 23 a distance of 4,507.93 feet; thence east along the north line of the Southeast Fractional Quarter of Section 31, Township 84, Range 23 to the northeast corner of said Southeast Fractional Quarter a distance of 2,666.42 feet; thence south along the east line of said Southeast Fractional Quarter to the southeast corner of said Southeast Fractional Quarter a distance of 2,640.2 feet; thence along the north line of a parcel described as Parcel A in the Northwest Fractional Quarter Section 5, Township 83, Range 23 (Instrument 2011-11372) also being the centerline of East 13th Street to the northeast corner of said parcel a distance of 2,002.69 feet; thence south along the east line of said parcel described as Parcel A to the southeast corner of said parcel also being a point on the north line of the Chicago and Northwestern Transportation Company Railroad a distance of 1,334.27 feet; 125 11 Final April 9th, 2024 thence east along the north line of said railroad to the east line of Section 4, Township 83, Range 23 also being the center of Potter Avenue a distance of 5,280.24 feet; thence south along the east line of said Section 4 to the northeast corner of the Northeast Quarter of the Northeast Fractional Quarter of Section 9, Township 83, Range 23 also being the centerline of Lincoln Highway a distance of 2,188.04 feet; thence west along the south line of said Section 4 to the northwest corner of the Northeast Quarter of the Northeast Fractional Quarter of Section 9 a distance of 1,310 feet; thence south along the west line of the East Half of the East Fractional Half to the southeast corner of the Northwest Quarter of the Southeast Fractional Quarter of Section 9, Township 83, Range 23 a distance of 3,960 feet; thence west along the south line of said Northwest Quarter of the Southeast Fractional Quarter to the southwest corner thereof a distance of 1,320 feet; thence north along the west line of said Northwest Quarter of the Southeast Fractional Quarter to the northwest corner there of a distance of 1,320 feet; thence west along the north line of the Southwest Fractional Quarter of said Section 9 and the north line of the Northeast Quarter of the Southeast Fractional Quarter of Section 8, Township 83, Range 23 to the northwest corner of said Northeast Quarter of the Southeast Fractional Quarter a distance of 3,960 feet; thence south along the west line of said Northeast Quarter of the Southeast Fractional Quarter to the northwest corner of Parcel F of said Northeast Quarter of the Southeast Fractional Quarter (Slide 596 Page 5 a distance of 544.59 feet; thence east along the north line of said Parcel F to the northeast corner thereof also being a point on the centerline of 580th Avenue a distance of 1335.88 feet; thence southwesterly along the east line of said Parcel F to the southeast corner there of a distance of 1,233 feet; thence south along the west line of the East 450 feet of the Southeast Quarter of the Southeast Fractional Quarter of Section 8, Township 83, Range 23 a point on the west line of the JDA Subdivision, Story County, Iowa, a distance of 1,035.41 feet; thence east following the line of the said JDA Subdivision a distance of 249.62 feet; thence northeasterly along said line following a curve a distance 214.38 feet; thence south following said line and west right-of-way line of 580th Avenue a distance of 71.91 feet; thence southwesterly following said line and right-of-way line to a point on the north right-of-way of U.S. Highway 30 a distance of 154.3 feet; thence west along said right-of-way line to a point on the west line of the Southwest Quarter of the Southeast Fractional Quarter of said Section 8 a distance of 2,540.36 feet; thence north along the west line of the Southeast Fractional Quarter of said Section 8 to the northwest corner of the Northwest Quarter of the Southeast Fractional Quarter of said Section 8 a distance of 2,427.15 feet; thence west along the south line of the North Fractional Half of said Section 8 and Section 7, Township 83, Range 23 to the northeast corner of the Ames Community Development Park, Fourth Addition, Subdivision, City of Ames, Story County, Iowa, being also point on the west right-of-way line of Interstate 35 a distance of 5,719.55 feet; thence south along said Interstate 35 right-of-way to a point on the east line of the Ames Community Development Park Subdivision, Fourth Addition, City of Ames, Iowa, a distance of 1,074.68 feet; thence southwesterly along a curve and said Interstate 35 right-of-way to the southeast corner of the Minard’s Plat Subdivision, City of Ames, Iowa, a distance of 2,767.59 feet; thence southwesterly to a point on the east line of Section 13, Township 83, Range 24, being also the centerline of South Dayton Place a distance of 955.3 feet; thence south following said line a distance of 254.19 feet; thence east along the south line of the right-of-way of U.S. Highway 30 to the northeast corner of a parcel described as commencing at the northwest corner of the Northwest Quarter of the Northwest Fractional Quarter S588.05’ feet to the beginning COR S531.33' E398.43' N560.61' SW400' to the beginning except the right-of-way sold to State of Iowa, (Book 95 Page 591) a distance of 400.1 feet; thence south along the east line of said parcel to the southeast corner thereof a distance of 560.61 feet; thence west along the south line of said parcel to a point on the centerline of South 126 12 Final April 9th, 2024 Dayton Place a distance of 402.43 feet; thence south along the centerline of South Dayton Place a distance of 458.34 feet; thence west along the south right-of-way line of Southeast 18th St a distance of 1,486.75 feet; thence northwesterly along the east line a parcel described as the Southwest Quarter of the Northeast Fractional Quarter except the South Dayton Avenue right-of-way and SE 18th Street right-of-way and a parcel described as the Northwest Quarter of the Northeast Fractional Quarter South of U.S. Highway 30 except the Iowa, DOT Condemned Parcel to the northeast corner thereof both being in Section 13, Township 83, Range 24 a distance of 416.6 feet; thence northwesterly along the north line of said parcel in the Northwest Quarter of the Northeast Fractional Quarter to the northwest corner of said parcel, a distance of 1,125.4 feet; thence north to the northeast corner of a parcel described as Part of Parcel G in the Northwest Quarter of the Northeast Fractional Quarter and Part of the in the Southeast Quarter of the Northwest Fractional Quarter Section 13, Township 83, Range 24 a distance of 77.23 feet; thence west along of the north line of said parcel to the northwest corner thereof a distance of 925.5 feet; thence south along the west line of said parcel and the west line of a parcel described as Part of Said Parcel G East of the River also being the centerline of the South Skunk River to the southwest corner thereof a distance of 3,043.66 feet; thence west along the south line of the previously described parcel being also the south line of the Northeast Quarter of the Southwest Quarter of Section 13, Township 83, Range 24 to the southwest corner of said parcel a distance of 1,135.2 feet; thence south along the east line of West Half of the West Fractional Half of Section 13 and Section 24, Township 83, Range 24 to the southeast corner of the Southwest Quarter of the Northwest Fractional Quarter also being a point on the centerline of Ken Maril Road a distance of 3,960 feet; thence south continuing along the east line of West Half of the West Fractional Half of Section 24, Township 83, Range 24 a distance of 200 feet; thence west along the south line of a parcel described as the North 200 feet of the Northwest Quarter of the Southwest Fractional Quarter Section 24 Township 83, Range 24 to a point on the centerline of 550th Avenue a distance of 1,320 feet; thence continue west to the southwest corner of a parcel described as the East 286.9 Feet of the North 200 Feet of the Northeast Quarter of the Southwest Fractional Quarter of a distance of Section 23, Township 83, Range 24 a distance of 2,925.25 feet; thence north along the west side of said parcel, a parcel described as the Northwest 3.77 acres of the Southeast Quarter of the Northwest Fractional Quarter Section 23, Township 83, Range 24, and Lot 2 of the Armstrong’s Subdivision Third Addition to a point on the south line of Lot 1 of the Armstrong’s Subdivision, Third Addition, City of Ames, Story County, Iowa, a distance of 1,010.9 feet; thence west along the south line of said Lot 1 a distance of 106.1 feet; thence north along the west line of said Lot 1 to the northwest corner thereof a distance of 194.9 feet; thence west along the south line of a parcel described as BEG 50' W NE COR W400' S300' E400' N300' TO BEG and a parcel described as the West 537.25 feet of the East 987.25 feet of the North 300 feet of the Southeast Quarter of the Northwest Fractional Quarter Section 23, Township 83, Range 24 to the southwest corner thereof a distance of 594.25 feet; thence south along the west line of a parcel described as Southeast Quarter of the Northwest Fractional Quarter beginning 1317.25' W OF NE COR S380' E330' N380’ W to the beginning Section 23, Township 83, Range 24 to the southeast corner thereof a distance of 80 feet; thence west along the south line of the previously described parcel a distance of 330 feet; thence continuing west along the south line of a parcel described as Southwest Quarter of the Northwest Fractional Quarter beginning 1317.25' W OF NE COR SE NWS330' W664.5' N330' to the beginning Section 23, Township 83, Range 24 to the southwest corner there of a distance of 994.5 feet; thence north along the west line of said parcel to a point on the south line of the Northwest Quarter of the Northwest Fractional Quarter Section 23, Township 83, Range 24 a distance of 380 feet; thence west along the south line of 127 13 Final April 9th, 2024 said the Northwest Quarter of the Northwest Fractional Quarter to the northeast corner of a parcel described as in the Southwest Quarter of the Northwest Fractional Quarter beginning at the Northwest Quarter E267.81' SW940.14' to the section line North to the beginning a distance of 382.12 feet; thence southwesterly along the east line of said parcel to a point on the east line of Section 22, Township 83, Range 24 a distance of 941.14 feet; thence south along said section line to the southeast corner of the Southeast Quarter of the Southeast Fractional Quarter of Section 22, Township 83, Range 24 a distance of 3,066.04 feet; thence west along the south line of said the Southeast Quarter of the Southeast Fractional Quarter a distance of 1,040.21 feet; thence southwesterly along the east line of Parcel B of the Northeast Fractional Quarter Section 27, Township 83, Range 24 a distance of 1,614.64 feet; thence northwesterly along the south line of said Parcel B to the southwest corner thereof also being a point on the centerline of South Riverside Drive a distance of 1,404.51 feet; thence north along the centerline of South Riverside Drive to the northeast corner of Parcel A of the Southeast Quarter of the Southwest Fractional Quarter Section 22, Township 83, Range 24 (CFN12-38) a distance of 1,698.32 feet; thence east along the south line of a parcel described as the Southwest Quarter of the Southeast Fractional Quarter Except the North 912.85 feet of the West 417.7 feet Section 22, Township 83, Range 24 a distance of 456.08 feet to a point at the center of S Riverside Drive; thence north along the east line of said parcel and the west line of the W417' of the Southeast Fractional Quarter to the northeast corner thereof a distance of 3,057.34feet; thence west along the north line of said parcel to the northwest corner thereof along being a point on the centerline of South Riverside Drive a distance of 417.7 feet; thence west along the south line the north half of Section 22 and Section21, Township 83, Range 24 and Section 21, Township 83, Range 24 to a point on the east line of the Ansley Subdivision, City of Ames, Story County, Iowa, a distance of 4,873.63 feet; thence southwesterly along the east line of said Ansley Subdivision to a point on the west line of the Northwest Quarter of the Southeast Fractional Quarter Section 21, Township 83, Range 24 a distance of 1,391.22 feet; thence north along the west line of the Ansley Subdivision to the northwest corner of the said Northwest Quarter of the Southeast Fractional Quarter being also a point on the centerline of Cedar Lane a distance of 1,176.31 feet; thence west along the south line of the Southeast Quarter of the Northwest Fractional Quarter to the southwest corner thereof also being the southwest corner of Outlot E Riggenberg Park Subdivision Second Addition, City of Ames, Story County, Iowa, a distance of 1,320.24 feet; thence north along the west line of said Southeast Quarter of the Northwest Fractional and said Outlot E to the northwest corner thereof a distance of 1,315.2 feet; thence continuing north along the east line of the Northwest Quarter of the Northwest Fractional Quarter to the northeast corner thereof also being the east line of the Ringgenberg Park Subdivision First and Third Additions, City of Ames, Story County, Iowa, a distance of 1,315.22 feet; thence west along the north line of said Northwest Quarter of the Northwest Fractional Quarter, the Northeast Quarter of the Northeast Fractional Quarter and the Northwest Quarter of the Northeast Fractional Quarter Section 20, Township 83, Range 24 to a point on the centerline of Zumwalt Station Road also being the southwest corner of the Chicago and Northwestern Transportation Company Railroad in the Southeast Fractional Quarter of Section 17, Township 83, Range 24 a distance of 2,990.95 feet; thence northeasterly along said railroad property to the southeast corner of a parcel described as Parcel A Section 17, Township 83, Range 24 (CFN15-54) a distance of 1,137.4 feet; thence west along the south line of said Parcel A to the southwest corner thereof a distance of 462.19 feet; thence north along the west line of said Parcel A to the northwest corner thereof a distance of 407.3 feet; thence west along the south line of the Ferguson Subdivision, City of Ames, Story County, Iowa, to the southwest corner thereof a distance of 120.45 feet; thence north along the west line of said Ferguson 128 14 Final April 9th, 2024 Subdivision a distance of 308 feet to a point on the west line of Lot 8 of said subdivision; thence northwesterly along said west line of said Lot 8 to the northwest corner thereof a distance of 20.26 feet; thence east along the north line of said Lot 8 to the northeast corner thereof a distance of 128.69 feet; thence north along the west line of said Ferguson subdivision to the northeast corner thereof along being a point on the centerline of Dartmoor Road distance of 304.3 feet; thence southeasterly along the centerline of Dartmoor Road a distance of 374.99 feet; thence east along the north line of a parcel described as described as Parcel B (Slide 75, Page 1) and Parcel E (Slide 75 Page 3) Section 17, Township 83, Range a distance of 70.36 feet; thence north to a point on the centerline of Dartmoor Road along being on said Parcel B and E a distance of 17.93 feet; thence northeasterly along the north line of said parcel and the centerline of Dartmoor Road a distance of 291.48 feet; thence southeasterly along the north line of said parcel and the centerline of Dartmoor Road a distance of 339.95 feet; thence south along the east line of said parcel a distance of 30.55 feet; thence east long the north line of said parcel a distance of 37.61 fee; thence north along the west line of a parcel described as Part of Lot 15 and Part of Lot 7 of the Christensen’s (Anton) Subdivision, Story County, Iowa, COMM SW COR LOT 10 SE192.9' SE102' TO BEG NW458' SW128.3' S227.3' W140.3' S244.6' SE401.4' NE80.7' NE100.5' NW104.3' TO BEG a distance of 277.8 feet; thence east along the north line of said parcel a distance of 140.3 feet; thence north along the west line of said parcel to the north corner of said parcel a distance of 355.6 feet; thence southeast along the west line of said parcel to a point on the east line thereof also being a point on the centerline of State Avenue a distance of 458 feet; thence southwesterly along the east line of said parcel and the centerline of State Avenue to the north corner of Lot 12 of said Christensen’s (Anton) Subdivision a distance of 204.8 feet; thence southeast along the east line of said Lot 12 a distance of 52.87 feet; thence northeast along the north line of a parcel described as Parcel A (Slide 36, Page 4) of Lot 11 of said Christensen’s (Anton) Subdivision a distance of 176.7 feet; thence continuing northeast along said north line of said Parcel A to the northeast corner there of a distance of 200 feet; thence southeasterly along the east line of said Parcel A to the east corner thereof a distance of 130 feet; thence northeasterly along the west line of the Chicago and Northwestern Transportation Company Railroad property in the Northwest Quarter of the Southwest Fractional Quarter Section 16, Township 83, Range 24 to a point on the north line of said Northwest Quarter of the Southwest Fractional Quarter; thence continuing northeasterly along the west line of the Chicago and Northwestern Transportation Company Railroad property in the Northwest Fractional Quarter Section 16, Township 83, Range 24 to the northeast corner of Lot 11 of the Christensen’s (Anton) Subdivision Auditor’s Plat Part of Lots 18 & 19, Story County, Iowa, being also a point on the south line of the U.S. Highway 30 right-of-way; thence southeasterly along the south line of said right-of-way a distance of 272.73 feet; thence north intersecting said U.S. Highway 30 to a point on the west line of Lots W, X, Y, and Z of the Gateway Hills Subdivision, City of Ames, Story County, Iowa, a distance of 642.52 feet; thence west intersecting said U.S. Highway 30 along the north line of said Christensen’s (Anton) Subdivision to the northeast corner of a parcel described as the West 25 Acres of the said Christensen’s (Anton) Subdivision Except the Highway and Lots 16 & 17 a distance of 1,649.92 feet; thence south along the east line of said parcel to the southeast corner thereof a distance of 1091.8 feet; thence west along the south line of said parcel to the southwest corner thereof also being a point on the centerline of State Avenue and the east line of the Southeast Quarter of the Northeast Fractional Quarter of Section 17, Township 83, Range 24 a distance of 971.16 feet; thence south along the west line of the Southeast Quarte of the Northeast Quarter of said Section 17 to the southeast corner thereof a distance of 853.66 feet; thence west along the south line of the Northeast Fractional Quarter of said Section 17 to a point 20 feet east of the 129 15 Final April 9th, 2024 southwest corner thereof a distance of 2,637.99 feet; thence northwest to a point on the west line of said Northeast Fractional Quarter 20 feet north of the southwest corner thereof a distance of 28.47 feet; thence north along the west line of said Northeast Fractional Quarter to a point on the north line of the Highway 30 right-of-way along being the southeast corner of the Fountainview Subdivision, City of Ames, Story County, Iowa, a distance of 2,186.03 feet; thence continuing along the north line of the U.S. Highway 30 right-of-way also being also the south line of the Fountainview Subdivision to the southwest corner thereof a distance of 1,368.9 feet; thence south along the west line of the Northeast Quarter of the Northwest Fractional Quarter of said Section 17 to the southeast corner of the Cochrane’s Second Addition Subdivision, City of Ames, Story County, Iowa, a distance of 25.97 feet; thence northwest along the south line of said Cochrane’s Second Addition Subdivision to the southwest corner thereof a distance of 1,245.25 feet; thence continuing northwest intersecting the South Dakota Avenue and U.S. Highway 30 right-of-way to the southeast corner of the Dauntless Subdivision Fourth Addition, City of Ames, Story County, Iowa, a distance of 286.87 feet; thence continuing along the south line of said Dauntless Subdivision Fourth Addition to the southwest corner thereof being also a point on the north line of the said U.S. Highway 30 right-of-way a distance of 2,717.18 feet; thence continuing northwesterly along the north line of the said U.S. Highway 30 right-of-way to the southwest corner of a parcel described as Parcel A (Slide 98 Page 4) of Section 7, Township 83, Range 24 a distance of 2,910.31; thence north along the west line of said Parcel A and Lot 2 of the Crane Farm Subdivision Fifth Addition City of Ames, Story County, Iowa, to the northwest corner of said Lot 2 a distance of 305.45 feet; thence east along the north line of said Lot 2, the north line of the Crane Farm Subdivision Third and Sixth Additions City of Ames, Story County, Iowa, to a point being the southeast corner of Southwest Quarter of the Northwest Fractional Quarter of said Section 7a distance of 1,381.63 feet; thence north along the east line of the West Fractional Half of the Northwest Fractional Quarter of Section 7, Township 83, Range 24 to the northeast corner thereof also being a point on the centerline of Lincoln Highway a distance of 2,642.48 feet; thence along the centerline of said Lincoln Highway to a point on the Boone Story County line and centerline of S 500th Avenue also being the southwest corner of the Crestview Acres Subdivision a distance of 1,497.64 feet; thence north along the centerline of N 500th Avenue to the northwest corner a parcel described as the North 198 feet of the West 440 feet of the Northwest Quarter of the Southwest Fractional Quarter of Section 6, Township 83, Range 24 of the a distance of 2,631.2 feet; thence east along the south line of the Northwest Fractional Quarter of Section 6, Township 83, Range 24 to a point on said south line 50.02 feet from the southeast corner of the said Northwest Fractional Quarter a distance of 2,782.73 feet; thence south 50.02 feet; thence east 50.02 feet to a point on the east line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 83, Range 24 ; thence continuing east along the south line of a parcel described as Parcel P in the North Half of the Southwest Fractional Quarter and the Norwest Quarter of the Southeast Fractional Quarter (Slide 191 Page 1) of Section 6, Township 83, Range 24 a distance of 561.63 feet; thence south along the west line of said Parcel P a distance of 385.09 feet; thence continuing south along the west line of a parcel described as Parcel M in the Norwest Quarter of the Southeast Fractional Quarter (Slide 167 Page 5) of Section 6, Township 83, Range 24 a distance of 247.08 feet; thence east along the south line of said Parcel M a distance of 50.57 feet to the southeast corner thereof; thence south along the west line of a parcel described as BEG 311.8' W OF SE COR W349.6' N669.2' E349.6' S TO BEG of the Norwest Quarter of the Southeast Fractional Quarter of Section 6, Township 83, Range 24 a distance of 673.11 feet to the southwest corner thereof; thence west along the north line of a parcel described as Parcel K (Slide 159 Page 3) of the Southwest Quarter of the Southeast Fractional Quarter of Section 6, 130 16 Final April 9th, 2024 Township 83, Range 24 to the northwest corner thereof a distance of 650.85 feet; thence south along the west line of said Parcel K to the southwest corner thereof also being a point on the north right-of-way line of Lincoln Way a distance of 1,224.06 feet; thence east along the south line of said Parcel K a distance of 907.77 feet; thence north along the boundary of said Parcel K a distance of 60 feet; thence east along the boundary of said Parcel K the southeast corner thereof a distance of 90 feet; thence north along the east line of said Parcel K to the northeast corner thereof a distance of 1,167.92 feet; thence continuing north along the west line of said parcel describe as BEG 311.8' W OF SE COR W349.6' N669.2' E349.6' S TO BEG to the northeast corner thereof a distance of 669.92 feet; thence west along the north line of said parcel to the northwest corner thereof a distance of 349.6 feet; thence north along the east line of said Parcels M and P to the northeast corner of Parcel P a distance of 632.16 feet; thence west along the north line of said Parcel P to a point 50.02 feet from the northwest corner there of a distance of 610.37 feet; thence north along the east line of the Northwest Fractional Quarter of Section 6, Township 83, Range 24 to a point on the centerline of Ontario Street a distance of 1,621.91 feet; thence continuing west along the centerline of Ontario Street to a point 33 feet south of the southwest corner of the Birch Meadows Subdivision First Addition, City of Ames, Story County, Iowa, a distance of 2,108.85 feet; thence north 33 feet to the west line of the said Birch Meadows Subdivision First Addition and thence along the said west line to the northwest corner of Lot 5 in said subdivision a distance of 344.67 feet; thence west along the boundary of the said Birch Meadows Subdivision First Addition and Second Addition City of Ames, Story County, Iowa, to the southwest corner of Outlot A of said First Addition a distance of 311.72 feet; thence north along the west line of said Outlot A to the northwest corner thereof a distance of 1,272.7 feet; thence southeasterly along the north line of said Outlot A a distance 292.72 feet; thence north along the boundary of said Outlot A a distance of 24.29 feet; thence southeasterly along the north line of said Outlot A to the northeast corner thereof a distance of 158.91 feet; thence southeasterly along the north line of Outlot YY in the said Birch Meadows Subdivision Second Addition to the northeast corner thereof a distance of 591.68 feet; thence north along the west line of Lot 11 of the Brookview Place West Subdivision Third Addition, City of Ames, Story County, Iowa, to the northwest corner thereof a distance of 25.7 feet; thence southeasterly along the north line of said Brookview Place West Subdivision a distance of 1,354.61 feet; thence southeasterly along the north boundary of said subdivision a distance of 25.37 feet; thence southeasterly along the north boundary of said subdivision a distance of 714.25 feet to the northeast corner thereof; thence continuing southeasterly along the north boundary of the Patio Homes West Subdivision Second Addition, City of Ames, Story County, Iowa, a distance of 281 feet; thence southwesterly along the north boundary of the said Patio Homes West Subdivision Second Addition a distance of 25 feet; thence southeasterly along the north boundary of the said Patio Homes West Subdivision Second Addition to the northeast corner thereof a distance of 323.94 feet; thence north along the west boundary of the Chicago and Northwestern Transportation Company Railroad in the Southeast Quarter of the Southeast Fractional Quarter Section 31, Township 84, Range 24 to the northwest corner of said railroad property a distance of 146.4 feet; thence southeasterly along the north line of said railroad property to the southwest corner Lot I of the I B Howes Subdivision First Addition City of Ames, Story County, Iowa, a distance of 741.23 feet; thence north along the west line of said I B Howes Subdivision Lot I to the northwest corner there of a distance of 85.5 feet; thence east along the north line of said Lot I to the northeast corner there of a distance of 529.5 feet; thence south along the east line of said Lot I to the southeast corner thereof said point being also on the west line of the North Dakota Avenue right-of-way a distance of 172 feet; thence southeasterly along the north line of said railroad property in Section 31 and the Chicago and 131 17 Final April 9th, 2024 Northwestern Transportation Company Railroad in the Southwest Fractional Quarter Section 32, Township 84, Range 24 to the southwest corner of a parcel described as the East 675 feet North of said Railroad Right-of-Way in the Southeast Quarter of the Southwest Fractional Quarter Section 32, Township 84, Range 24 a distance of 2,043.84 feet; thence north along the west line of said parcel to the northwest corner thereof a distance of 585.71 feet; thence east along the north line of said parcel to the northeast corner there of a distance of 692.10 feet; thence north along the east line of the Northeast Quarter of the Southwest Fractional Quarter and the Southeast Quarter of the Northwest Fractional Quarter of said Section 32 to the northeast corner thereof a distance of 2,633.7 feet; thence east along the north line of the Southwest Quarter of the Northeast Fractional Quarter of said Section 32 to the northeast corner thereof a distance of 1,320 feet; thence north along the west line of the Northeast Quarter of the Northeast Fractional Quarter to the southwest corner of a parcel described as the North 15.75 Acres of the Northeast Quarter of the Northeast Fractional Quarter of said Section 32 a distance of 811.88 feet; thence east long the south line of said parcel described as the North 15.75 Acres of the Northeast Quarter of the Northeast Fractional Quarter to the southeast corner thereof a distance of 1,320 feet; thence north along the east line of said parcel described as the North 15.75 Acres of the Northeast Quarter of the Northeast Fractional Quarter to the northeast corner thereof a distance of 513.51 feet; thence north along the west line of Section 28 Township 84, Range 24 to the northwest corner of the Norwest Quarter of the Southwest Fractional Quarter a distance of 2,606.19 feet; thence east along the south line of two parcels of land described as the West 252 Feet of the Norwest Quarter of the Southwest Fractional Quarter of said Section 28 South and West of the Road and the Norwest Quarter of the Southwest Fractional Quarter of said Section 28 South of the Road Except the West 252 Feet to the southwest corner of the Northridge Heights Subdivision First Addition, City of Ames, Story County, Iowa, a distance of 792 feet; thence northwesterly along the boundary of the said Northridge Heights Subdivision First Addition to the southwest corner of Lot A a distance of 982.64 feet; thence south along the west line of said parcel described as the West 252 Feet of the Norwest Quarter of the Southwest Fractional Quarter of said Section 28 South and West of the Road to the southeast corner of Outlot A of the Scenic Point Subdivision First Addition City of Ames, Story County, Iowa, a distance of 302.88 feet; thence west along south line of said Outlot A to the southwest corner thereof a distance of 281.77 feet; thence northwesterly along the boundary of said Scenic Point Subdivision First Addition to a point on the boundary of Outlot C a distance of 447.39 feet; thence west along the boundary of said Outlot C 30.58 feet; thence south along the boundary of said Outlot C a distance of 80.5 feet; thence west along the boundary of said Outlot C to the southwest corner thereof a distance of 48.3 feet; thence west along the south line of Outlot F of the Scenic Valley Subdivision First Addition City of Ames, Story County, Iowa, a distance of 824.13 feet; thence south along the south boundary of said Outlot F a distance of 24.41 feet; thence west along the south boundary of said Outlot F to the southwest corner thereof a distance of 735.39 feet; thence northeasterly along the west boundary of said Outlot F a distance of 227.22 feet; thence northwesterly along the west boundary of said Outlot F to the northwest corner there of a distance of 1,336.81 feet; thence east along the north line of said Outlot F to the northeast corner thereof a distance of 1,216.77 feet; thence north along the east line of the North Half of the Norwest Quarter of the Northeast Fractional Quarter of Section 28 Township 84, Range 24 to the northeast corner there of a distance of 662.05 feet; thence west along the north line of said North Half of the Norwest Quarter of the Northeast Fractional Quarter to the northwest corner thereof a distance of 1,309.62 feet; thence north along the west line of Outlot YY of the Bluffs at Dankbar Farms Subdivision First Addition City of Ames, Story County, Iowa, to the northwest corner thereof a 132 18 Final April 9th, 2024 distance of 2,261.66 feet; thence east along the north line of said Outlot YY a distance of 325.37 feet; thence southeasterly along the north line of said Outlot YY to a point also being the southeast corner of a parcel described as Parcel Q (CFN 14-35) of Section 20 Township 84, Range 24 West of the 5th P.M a distance of 410.81 feet; thence north along the boundary of said Outlot YY to a point also being the northeast corner of said Parcel Q a distance of 621.29 feet; thence east along the north line of said Outlot YY a distance of 687.28 feet; thence south along the boundary of said Outlot YY to a point being also the southeast corner of the Jamison Subdivision, Story County, Iowa, a distance of 300.94 feet; thence east along the boundary of Outlot YY to a point being also the southwest corner of said Jamison Subdivision a distance of 521 feet; thence north along the boundary of Outlot YY to a point being also the northeast corner of said Jamison Subdivision a distance of 251 feet; thence north to a point on the centerline of Cameron School Road a distance of 50 feet; thence east along said centerline to the center of the intersection of Camerson School Road and George Washington Carver also being the southwest corner of The Irons Subdivision, Story County, Iowa, a distance of 790.63 feet; thence south along the centerline of George Washington Carver Avenue to the southeast corner of Outlot ZZ of the said Bluffs at Dankbar Farms Subdivision a distance of 1,314.34 feet; thence west along the south line of said Outlot ZZ a distance of 430.86 feet; thence south along east line of the Scenic Valley Subdivision to the southwest corner of parcel described as BEG NE COR W430.86' S418.01' E432' N418.03' TO BEG in the Southeast Quarter of the Southeast Fractional Quarter Section 20 Township 84, Range 24 a distance of 418.13 feet; thence east along the south boundary of said parcel to the northeast corner of Lot 5 of the Scenic Valley Subdivision Sixth Addition City, of Ames, Story County, a distance of 193.61 feet; thence south along the east line of the said Scenic Valley Subdivision Sixth Addition to the southwest corner of a parcel described as Parcel T (Slide 50 Page 3) of the Southeast Quarter of the Southeast Fractional Quarter Section 20 Township 84, Range 24 a distance of 220.32 feet; thence east along the south line of said Parcel T to the southeast corner thereof also being a point on the centerline of George Washington Carver Avenue a distance of 238.44 feet; thence south along said centerline to the southwest corner of the Southwest Quarte of the Southwest Fractional Quarter Section 21 Township 84, Range 24 a distance of 676.1 feet; thence east along the south line of the Southwest Fractional Quarter of said Section 21 to the southeast corner thereof a distance of 2,625.22 feet; thence east along the south line of a parcel described as Parcel D (Slide 10 Page 3) of the Southwest Quarter of the Southeast Fractional Quarter to the southeast corner thereof a distance of 527.06 feet; thence southeasterly along the west line of the Chicago and Northwestern Transportation Company Railroad property in Sections 21 and 28 Township 84, Range 24 to a point on the east line of a parcel described as BEG 723.88' W & 33' N OF SE COR W259.12' N504.32' SE567' TO BEG in the Southeast Quarter of the Northeast Fractional Quarter of said Section 28 a distance of 2,525.9 feet; thence east along the south line of said railroad property a distance of 100 feet; thence northwesterly along the east line of said railroad property to the southwest corner of Outlot A of the Cochrane Farm Subdivision, Story County, Iowa, a distance of 3908.05 feet; thence east along the south line of said Outlot A to the southeastern corner thereof a distance of 1,287.22 feet; thence north along the east line of said Outlot A to the northeast corner thereof a distance of 50 feet; thence east along the south line of Outlot X of the Rose Prairie Final Plat, Franklin Township, Subdivision, to the southeast corner thereof a distance of 1,162.99 feet; thence south along the west line of Outlot B of said Cochrane Farm Subdivision to the southwest corner thereof a distance of 50 feet; thence east along the south line of said Outlot B to the southwest corner thereof also being a point on the centerline of Hyde Avenue a distance of 99.76 feet; thence south along the centerline of Hyde Avenue to the southwest corner of the parcel described as BEG SW COR N553.22' TO BEG 133 19 Final April 9th, 2024 N129.43' E391.37' SE119.34' SW168.78' N13.73' W269.38' TO BEG in the Southwest Corner of the Southwest Fractional Corner of Section 22, Township 84, Range 24, 698.8 feet; thence northeasterly along the south line of said parcel and a parcel described as Parcel F (Slide 21 page 3) Except Tract A (Slide 114 Page 1) in the Southwest Quarter of the Southwest Fractional Quarter of Section 22, Township 84, Range 24, a distance of 552.45 feet; thence south along the west line of said Parcel F to the southwest corner thereof a distance of 493.37 feet; thence east along the south line of said Parcel F to the southeast corner thereof a distance of 134.55 feet; thence north along the east line of said Parcel F and a parcel described as N462.24' W974.36' EX PARCEL A (CFN 14-2) & EX TRACT A (SLIDE 114 PAGE 1) in the Southwest Quarter of the Southwest Fractional Quarter of Section 22, Township 84, Range 24, to the northeast corner thereof a distance of 1,128.22 feet; thence west along the north line of said described parcel and said Outlot B a distance of 720 feet; thence north along the east line of said Outlot X to the northeast corner thereof a distance of 117.86 feet; thence east to the centerline of Hyde Ave a distance 50 feet; thence north along the centerline of Hyde Avenue to the northwest corner of the Northwest Quarter of the Southwest Quarter of said Section 22 a distance of 1,199.43 feet; thence west along the north line of the Northeast Quarter of the Southeast Quarter to the northwest corner thereof a distance of 1,2963.98 feet; thence south along the west line of said Northeast Quarter of the Southeast Quarter and said Outlot X to the southwest corner thereof a distance of 1,314.24 feet; thence west along the north line of said Outlot A to the northwest corner thereof a distance of 1,243.65 feet; thence north along the west line of Lot 2 of the Rose Prairie Subdivision Final Plat, Story County, Iowa, to the northwest corner of said Lot 2 a distance of 3,309.88 feet; thence east along the north line of said Lot 2 to the southeast corner of Lot 1 of the Rose Prairie Subdivision Final Plat a distance of 1,258.33 feet; thence north along the west line of said Lot 2 to the northwest corner thereof a distance of 663.14; thence east along the north line of said Rose Prairie Subdivision to the northeast corner thereof also being a point on the centerline of the Hyde Avenue right-of-way a distance of 1,311.23 feet; thence east along the north line of the Quarry Estates Subdivision First Addition to the point of beginning a distance of 3,557.5 feet; EXCEPT that part of the Christensen’s (Anton) Subdivision located in unincorporated Story County, Iowa, more particularly described as Part of Sublot 2 of Lot 14 beginning 1,460.5 feet south of the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 16, Township 83, Range 24 W210 feet, N373.2 feet, N157 feet, W196.1 feet, NW117.7 feet, NE32 feet, NE71.6 feet, NE122.4 feet, NE42 feet, NE80.9 feet, NE86.7 feet, NE100 feet, NE100 feet, NE65.8 feet, NE116 feet, SE32.8 feet, SE168.2 feet, S487.3 feet, S228.6 feet, S206.6 feet, S372 feet, to Beginning. 134 20 Final April 9th, 2024 135 21 Final April 9th, 2024 Exhibit B- Assessed value of land and buildings with property owner identification. This file is electronic spreadsheet available upon request. 136 22 Final April 9th, 2024 Exhibit C Zoning District Map (larger scale map available upon request) 137 23 Final April 9th, 2024 Exhibit D Land Use Classification Map 138 24 Final April 9th, 2024 Exhibit E Ames Plan 2040 Future Land Use Map 139 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:April 9, 2024 Subject:Mary Greeley Medical Center Property Sale Item No. 30 MEMO Mary Greeley Medical Center (MGMC) is planning to sell real property at 2310 East 13th Street in Ames to Hunziker Construction Services, Inc. for $470,000. Although the Iowa Code and the Ames Municipal Code both authorize the city hospital to sell its property on its own without Council approval, the situation is complicated by the fact that the title to MGMC’s properties are in the name of “The City of Ames, d/b/a Mary Greeley Medical Center, a city hospital.” Because of this, the City Legal Department has advised MGMC that, in addition to the MGMC Board of Trustees approving a sale, it is best for the City Council to also approve the sale of any MGMC property. The Iowa Land Title Standards tells lawyers who are reviewing abstracts to document that a city council has passed a resolution approving the sale of city property. At times, MGMC has sold properties without Council involvement, but situations have arisen where when the property is being sold again later, and a lawyer requests the Council to pass a resolution after the fact giving its approval to the sale, to ensure that the title is clear. (Other attorneys have accepted the City's explanation that MGMC has the authority to sell property on its own, after City staff has pointed out the law to them). However, by having the Council approve the sale in conjunction with the MGMC Board of Trustees approving the sale, this should avoid the Council having to retroactively approve the sale of property down the road to satisfy an attorney reviewing an abstract. MGMC has had an appraisal done of the property by Kyle R. Pedersen, MAI, Certified General Real Property Appraiser of Urbandale, which has been reviewed by the City Attorney. Mr. Pedersen determined the fair market value of the property is $470,000. MGMC Vice President and CFO Gary Botine has stated that Hunziker has agreed to pay that amount for the property. A resolution was passed on March 26, 2024, setting the date of public hearing for April 9, 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 140 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 141 FY 2024-25 Sewer Rates March 26, 2024 1 142 Outline National & State-wide Trends in Rates Projected Need for Revenue Increase Translating Revenue Needs to Rates Projected Future Rate Trends Customer Perspective Council Direction 2 143 National and State Trends Data sources include: •2022 Cost of Clean Water IndexNational Association of Clean Water Agencies •2022 INSIGHT SurveyAssociation of Metropolitan Water Agencies •2023 Water and Wastewater Rate SurveyAmerican Water Works Association •2023 Iowa Water and Wastewater Rate SurveyCity of Ames Water and Pollution Control 3 144 National Trends Average annual wastewater bill has doubled nationally in last 17 years ($569 in 2022 versus $284 in 2005) Average annual wastewater charges increased by 4.5% from 2021 to 2022 After 21 straight years where sewer charges outpaced inflation, this was the second consecutive year where rates increased at a lower rate than the CPI. 4 145 •Water utilities continue to shift away from declining block rate structures (14%) and towards inclining block structures (51%) •Wastewater utilities are predominately uniform block structures (74%) •Monthly billing intervals are most common (82%), followed by quarterly (10%) and bi-monthly (7%) •98% of Water systems and 97% of Sewer systems have a monthly base or minimum fee National Trends 5 146 National Trends 2019-2023 Sources: 2019 Water and Wastewater Rate Survey, AWWA/Raftelis Financial Consultants 2023 Water and Wastewater Rate Survey, AWWA/Raftelis Financial Consultants Nationwide average for residential service, 1,000 cf/mo., 5/8” meter, 6 Water National Average Annual Increase: 3.87% Sewer National Average Annual Increase: 4.43% Average Annual Increase in CPI: 4.80% 147 •Drinking Water: 82% •More than 5%: 61% •More than 10%: 36% •Wastewater: 77% •More than 5%: 61% •More than 10%: 41% 2023 versus 2021 Iowa Water & Sewer Rate Survey, City of Ames, Iowa Percent of Iowa Utilities serving >10,000 with a rate increase in past two years: Iowa Trends 7 148 Iowa vs. National Trends 2019-2023 Water National Average Annual Increase: 3.87% Iowa Average Annual Increase: 4.29% Sewer National Average Annual Increase: 4.43% Iowa Average Annual Increase: 3.30% Average Annual Increase in CPI: 4.80% Iowa Sources: 2019 Water and Sewer Rate Survey, City of Ames, IA 2023 Water and Sewer Rate Survey, City of Ames, IA Iowa average for residential service, 600 cf/mo., 5/8” meter, 8 149 Recent Rate Adjustments in Ames 9 Water Sewer FY 19/20 7% -- FY 20/21 2% 5% FY 21/22 6% -- FY 22/23 -- 5% Annual Average 3.75% 2.50% 150 Ames vs. Iowa & National Trends 2019-2023 10 Water National Average Annual Increase: 3.87% Iowa Average Annual Increase: 4.29% Ames Average Annual Increase: 3.75% Sewer National Average Annual Increase: 4.43% Iowa Average Annual Increase: 3.30% Ames Average Annual Increase: 2.50% Average Annual Increase in CPI: 4.80% 151 Iowa Trends in Water Rates 2 00 3 - 20 23, C it ies w ith p o p ulation > 1 0 , 000 wi th lim e so f ten ing , 6 0 0 c f p er mo nt h Statewide Median Ames Rates 11 ** Ames is at the 22nd Percentile, based on 2023 rates ** $0 $10 $20 $30 $40 $50 $60 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Water Rates in Iowa, 2003-2023 Cities >10,000 600 cubic feet per month 152 Iowa Trends in Sewer Rates 2 00 3 - 20 23, C it ies w ith p o p ulation > 1 0 , 000, 6 0 0 c f p er m o nth Statewide Median Ames Rates 12 ** Ames is at the 19th Percentile, based on 2023 rates ** $0 $10 $20 $30 $40 $50 $60 $70 $80 $90 2003 2008 2013 2018 2023 Sewer Rates in Iowa, 2003 - 2023 Cities >10,000 600 cubic feet per month 153 13 Current Water Rates ($/cf) Existing Winter All customers; all consumption $0.0278 Summer Residential Block 1 (First 1,000 cf) $0.0278 Block 2 (Next 1,500 cf) $0.0490 Block 3 (Over 2,500 cf) $0.0737 Irrigation & Yard Water Block 1 (First 2,000 cf) $0.0401 Block 2 (Next 3,000 cf) $0.0737 Block 3 (Over 5,000 cf) $01227 Non-Residential All consumption $0.0364 Non-Peaking Industrial All consumption $0.0278 154 14 Current Sewer Rates 5.0% Existing Increase Total Minimum Charge $12.16 $0.58 $12.16 All customers, per month Prorated Minimum $4.67 $0.22 $4.67 Consumption, per 100 cubic feet $3.11 $0.15 $3.11 All customers, all consumption 155 Add a footer 15 Forces Impacting Projected Expenses •Increased Regulatory Requirements •Infrastructure Renewal/ Replacement •Increases in routine equipment and commodity prices 156 5% -45,000 -40,000 -35,000 -30,000 -25,000 -20,000 -15,000 -10,000 -5,000 0 5,000 10,000 15,000 20,000 25,000 30,000 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 En d i n g B a l a n c e ( $ 1 , 0 0 0 ' s ) Ending Fund Balance Operating Reserve Percentage Rate Increase Sewer Fund Rate Model – No Adjustments 16 157 Approach to Rates: Timing & Magnitude •Meet debt coverage requirements •(SRF requires 110% coverage) •Meet operating reserve target •Gradual increase over time until achieve 25% of each Fund’s annual operating expenses •Smaller percentage increases on a more frequent basis, as opposed to larger increases on a less frequent basis •Ideally, less than 10% at a time 17 158 Water and Sewer Rate Projections Last Year Current Year Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 Water Fund 8% 9% 9% 9% 8% 8% Sewer Fund 5% 7% 9% 9% 9% 9% 18 159 8%9%9%9%8%8% -5,000 0 5,000 10,000 15,000 20,000 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 En d i n g B a l a n c e ( $ 1 , 0 0 0 ' s ) Ending Fund Balance Operating Reserve Percentage Rate Increase Water Fund Rate Model 19 160 5%7%9%9%9%9% -5,000 0 5,000 10,000 15,000 20,000 25,000 30,000 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 En d i n g B a l a n c e ( $ 1 , 0 0 0 ' s ) Ending Fund Balance Operating Reserve Percentage Rate Increase Sewer Fund Rate Model 20 161 Add a footer 21 Projected Average Annual Rate Increase in the Next Five Years “Utilities are projecting to increase rates by an average of 4.94% per year over the next five years.” “While future expected rate increases are anticipated to be on average fairly moderate, the increases are anticipated to be higher than in previous years.” Association of Metropolitan Water Agencies’ 2022 INSIGHT Survey 162 Rate Projections vs. Statewide Trends 22 $33.99 $35.66 $37.42 $39.26 $41.20 $43.24 $45.38 $47.63 $49.99 $52.48 $55.10 $105.00 $110.88 $117.09 $123.66 $130.61 $137.96 $145.73 $153.95 $162.65 $171.85 $181.58 $59.39 $61.55 $64.12 $67.09 $69.89 $73.12 $76.18 $79.71 $82.67 $86.51 $89.71 $78.44 $82.63 $87.05 $91.72 $96.64 $101.84 $107.32 $113.11 $119.22 $125.67 $132.49 $- $25.00 $50.00 $75.00 $100.00 $125.00 $150.00 $175.00 $200.00 $225.00 $250.00 $275.00 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Statewide Range Ames Residential Statewide Median Projected Monthly Water and Sewer Bill 600 cubic feet per month 163 Revised Water Rates 23 0% Existing Increase New Winter All customers; all consumption $0.0278 $0.0000 $0.0278 Summer Residential Block 1 (First 1,000 cf) Block 2 (Next 1,500 cf)$0.0278 $0.0000 $0.0278 Block 3 (Over 2,500 cf)$0.0490 $0.0000 $0.0490 Irrigation & Yard Water $0.0737 $0.0000 $0.0737 Block 1 (First 2,000 cf) Block 2 (Next 3,000 cf)$0.0401 $0.0000 $0.0401 Block 3 (Over 5,000 cf)$0.0737 $0.0000 $0.0737 $0.1227 $0.0000 $0.1227 Non-Residential All consumption $0.0364 $0.0000 $0.0364 Non-Peaking Industrial All consumption $0.0278 $0.0000 $0.0278 164 24 Proposed Sewer Rates 7.0% Existing Increase Total Minimum Charge $12.16 $0.85 $13.01 All customers, per month Prorated Minimum $4.67 $0.33 $5.00 Consumption, per 100 cubic feet $3.11 $0.22 $3.33 All customers, all consumption 165 •High strength surcharge rates and Fats, Oils, and Grease (FOG) rates will increase by the same 7% •Meter setting fees and laboratory analysis fees would be adjusted based on actual cost recovery •These would happen as a part of the City-wide fee schedule adjustment later in the spring Associated Rates and Fees 25 166 Sample Customer Bill Median Use Residential Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 600 kWh and 600 cf $81.10 $5.20 $30.88 $30.82 $148.00 Electric ECA -$2.52 -$2.52 Totals $78.58 $5.20 $30.88 $30.82 $145.48 Increase Due to Rate Change $0.00 $0.00 $0.00 $2.16 $2.16 Totals $78.58 $5.20 $30.88 $32.98 $147.64 % Impact on Total Bill 1.48% 26 167 Recommended Action & Timeline Staff will bring an ordinance on April 9 that will: •Adjust Sewer Rates by 7% •New rates effective for bills due on or after July 1, 2024 Timeline •First reading on April 9 •Second reading on April 23 •Third reading and adoption on May 14 27 168 Questions & Direction 169 Sample Customer Bill Minimal Use Residential Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 100 kWh and 100 cf $20.45 $5.20 $16.98 $15.27 $57.90 Electric ECA -$0.42 -$0.42 Totals $20.03 $5.20 $16.98 $15.27 $57.48 Increase Due to Rate Change $0.00 $0.00 $0.00 $1.07 $1.07 Totals $20.03 $5.20 $16.98 $16.34 $58.55 % Impact on Total Bill 1.86% 29 170 Sample Customer Bill Median Use Residential Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 600 kWh and 600 cf $81.10 $5.20 $30.88 $30.82 $148.00 Electric ECA -$2.52 -$2.52 Totals $78.58 $5.20 $30.88 $30.82 $145.48 Increase Due to Rate Change $0.00 $0.00 $0.00 $2.16 $2.16 Totals $78.58 $5.20 $30.88 $32.98 $147.64 % Impact on Total Bill 1.48% 30 171 Sample Customer Bill Large Residential Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 1,000 kWh and 1,000 cf $129.62 $5.20 $42.00 $43.26 $220.08 Electric ECA -$4.20 -$4.20 Totals $125.42 $5.20 $42.00 $43.26 $215.88 Increase Due to Rate Change $0.00 $0.00 $0.00 $3.03 $3.03 Totals $125.42 $5.20 $42.00 $46.29 $218.91 % Impact on Total Bill 1.40% 31 172 Sample Customer Bill Small Commercial (GP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 2,000 kWh and 600 cf $254.40 $5.20 $36.04 $30.82 $326.46 Electric ECA -$8.40 -$8.40 Totals $246.00 $5.20 $36.04 $30.82 $318.06 Increase Due to Rate Change $0.00 $0.00 $0.00 $2.16 $2.16 Totals $246.00 $5.20 $36.04 $32.98 $320.22 % Impact on Total Bill 0.68% 32 173 Sample Customer Bill Small Commercial (GP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 5,000 kWh and 1,000 cf $612.60 $5.20 $50.60 $43.26 $711.66 Electric ECA -$21.00 -$21.00 Totals $591.60 $5.20 $50.60 $43.26 $690.66 Increase Due to Rate Change $0.00 $0.00 $0.00 $3.03 $3.03 Totals $591.60 $5.20 $50.60 $46.29 $693.69 % Impact on Total Bill 0.44% 33 174 Sample Customer Bill Small Commercial (GP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 10,000 kWh and 3,000 cf $1,209.60 $10.40 $137.60 $105.46 $1,463.06 Electric ECA -$42.00 -$42.00 Totals $1,167.60 $10.40 $137.60 $105.46 $1,421.06 Increase Due to Rate Change $0.00 $0.00 $0.00 $7.38 $7.38 Totals $1,167.60 $10.40 $137.60 $112.84 $1,428.44 % Impact on Total Bill 0.52% 34 175 Sample Customer Bill Commercial (LP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 20,000 kWh and 5,000 cf $2,181.81 $10.40 $210.40 $167.66 $2,570.27 Electric ECA -$84.00 -$84.00 Totals $2,097.81 $10.40 $210.40 $167.66 $2,486.27 Increase Due to Rate Change $0.00 $0.00 $0.00 $11.74 $11.74 Totals $2,097.81 $10.40 $210.40 $179.40 $2,498.01 % Impact on Total Bill 0.47% 35 176 Sample Customer Bill Commercial (LP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 60,000 kWh and 15,000 cf $6,221.55 $15.60 $602.81 $478.66 $7,318.62 Electric ECA -$252.00 -$252.00 Totals $5,969.55 $15.60 $602.81 $478.66 $7,066.62 Increase Due to Rate Change $0.00 $0.00 $0.00 $33.51 $33.51 Totals $5,969.55 $15.60 $602.81 $512.17 $7,100.13 % Impact on Total Bill 0.47% 36 177 Sample Customer Bill Commercial (LP) Electric Storm Water Electric / Water Use Summer Water Summer Sewer Total 100,000 kWh and 20,000 cf $10,284.95 $46.80 $841.62 $634.16 $11,807.53 Electric ECA -$420.00 -$420.00 Totals $9,864.95 $46.80 $841.62 $634.16 $11,387.53 Increase Due to Rate Change $0.00 $0.00 $0.00 $44.39 $44.39 Totals $9,864.95 $46.80 $841.62 $678.55 $11,431.92 % Impact on Total Bill 0.39% 37 178 ITEM #:32 DATE:04-09-24 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. 179 ATTACHMENT(S): Ordinance No City Employee Appt.pdf 180 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 181