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HomeMy WebLinkAbout~Master - February 27, 2024, Regular Meeting of the Ames City Council1.Motion approving payment of claims 2.Motion approving Summary of Minutes of Special Meetings on February 2, 6, 7, and 8, 2024, and Regular Meeting on February 13, 2024 3.Motion approving Report of Change Orders for period February 1-15, 2024 4.Motion approving Civil Service Candidates 5.Motion approving new license for Class E Retail Alcohol License - SipN'Smoke, 4518 Mortensen Road 6.Motion approving new 5-Day (March 21 - March 25, 2024) Special Class C Retail Alcohol License - Farmhouse Catering, L.C., 2321 North Loop Drive, Pending Dramshop Review 7.Motion approving new Class C Retail Alcohol License with Outdoor Service - Outlaws, 2522 Chamberlain Street 8.Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Spirits #530, 204 South Duff Avenue 9.Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Star #1158, 1910 Isaac Newton Drive 10.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. BN'C Fieldhouse, (206 Welch Avenue), Class C Retail Alcohol License with Outdoor Service b. Coldwater Golf Links, (1400 S. Grand Avenue), Class C Retail Alcohol License with Outdoor Service c. Kum & Go # 1113, (2801 E 13th St), Class E Retail Alcohol License d. Kum & Go # 227, (2108 Isaac Newton Dr), Class E Retail Alcohol License e. Elks Lodge, (522 Douglas), Class F Retail Alcohol License with Outdoor Service f. Homewood Golf Course, (401 E 20th St), Class C Retail Alcohol License with Outdoor Service g. The Spice Thai Cuisine, (402 Main Street), Special Class C Retail Alcohol License h. Casey's General Store #2905, (3612 Stange Road), Class E Retail Alcohol License i. Pizza Pit Extreme, (207 Welch Ave.), Special Class C Retail Alcohol License j. Sams Club #6568, (305 Airport Rd), Class E Retail Alcohol License AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL FEBRUARY 27, 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 k. West Towne Pub, 4518 Mortensen Road, Suite 101, Class C Liquor License with Catering Privilege and Outdoor Service 11.Resolution approving requests from Fitness Sports Ames' Turkey Trot on November 28, 2024 for partial road closures on 5th Street from Burnett Avenue to Clark Avenue, Clark Avenue from 5th Street to Main Street, Main Street from Clark Avenue to 6th Street, 6th Street from Northwestern Avenue to Brookside Park, Ridgewood Avenue from 13th Street to 6th Street, and Burnett Avenue from Main Street to 5th Street 12.Resolution setting March 26, 2024, as the date of public hearing and notice of intent to issue $2,000,000 essential corporate purpose general obligation bonds, and associated tax levy for debt service. 13.Resolution approving Purchase Agreement with the Iowa Natural Heritage Foundation for the acquisition of 42.35 acres, more or less, as described in the purchase agreement, for Land Acquisition for Drinking Water Source Protection 14.Resolution approving the 28E Agreement between the City of Ames, Story County and Iowa Department of Agriculture and Land Stewardship for the Dotson Wetland Project 15.Resolution approving contract and bond, subject to receipt, for Fitch Family Indoor Aquatic Center Bid Package 03-3 Precast Concrete & Structural Steel with Core Construction Services LLC of Des Moines, Iowa 16.Resolution awarding contract for Switchgear Routine Maintenance Services to Tri-City Electric Company of Iowa of Davenport, Iowa in the amount of $65,325 17.Resolution accepting the 2021/22 Accessibility Enhancement Program project as completed by Caliber Concrete, of Adair, Iowa in the amount of $161,749.81 18.Resolution approving Electric Utility Easements on State of Iowa property in order to provide normal and backup service to CY-Town as well as other ISU electric load in the vicinity. The easement shall be conditioned upon the approval by the State Board of Regents 19.Resolution approving release of contract and lien for property located at 1426 Stafford Avenue in connection with the City's Phase IV Mortgage Buy-down Affordable Housing Program 20.Follow Up to Short Term Housing Task Force Request for Residential Tax Abatement Incentives 21.Discussion of additional questions for the 2024 Resident Satisfaction Survey 22.2024 Urban Revitalization Tax Abatement Requests 23.Request to Initiate a Comprehensive Plan Land Use Designation Change and Rezoning to Residential for Properties in the Iowa State University Research Park on University Boulevard a. Motion Directing Staff 24.Request to Initiate a Zoning Text Amendment to Allow Mixed Use Residential Development within the ISURP a. Motion Directing Staff 25.Resolution approving a lease agreement with Carrico Aquatic Resources, Inc., Oelwein, Iowa, regarding Chlorination Equipment for the Furman Aquatic Center in the amount of $23,312. 26.Discussion and direction from City Council on Mini-Pitch Court(s) at Lloyd Kurtz Park (3710 PUBLIC FORUM : This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. ADMINISTRATION: PLANNING AND HOUSING: PARKS AND RECREATION: 2 Hyde Ave.) 27.Fitch Family Indoor Aquatic Center a. Resolution approving Change Order #1 increasing the Story Construction contract for Construction Management Services in the not to exceed amount of $978,886. b. Resolution approving/denying additional items to be added to Fitch Family Indoor Aquatic Center project c. Direct staff to use contingency funds for the additional items 28.Amendments to Ames Municipal Code Chapter 29 (ZONING ORDINANCE) to allow Two- Family (DUPLEX) Dwellings in Single Family and Other Residential Zoning Districts a. First passage of ordinance 29.Hearing on the sale of Mary Greeley Medical Center property at 2310 East 13th Street, Ames, Iowa to Hunziker & Associates a. Resolution approving sale of property to Hunziker & Associates 30.Hearing on 2023/24 Pavement Restoration – Slurry Seal Program a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Fort Dodge Asphalt Company, of Fort Dodge, IA in the amount of $186,693 31.Hearing on 2023/24 Campustown Public Improvements – (Welch Avenue and Chamberlain Place) project a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Con-Struct Inc, of Ames, Iowa, in the amount of $1,696,747 for base bid c. Resolution approving Change Order No. 1, removing bid item No. 8.05 Painted Symbols and Legends, Inclusive Crossing in the amount of $185,000 32.Hearing on 2023/24 Collector Street Pavement Improvements – (6th Street) project a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Con-Struct Inc, of Ames, Iowa, in the amount of $1,003,926. 33.Hearing on Roof Replacement at the Power Plant a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding a contract to Central States Roofing, of Ames, Iowa, in the amount of $1,591,000. 34.Hearing on 2021/22 Stormwater Erosion Control (Bloomington Waterway) a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Con-Struct, Inc., Ames, IA, in the amount of $206,340, including base bid alternate 35.First passage of ordinance amending Chapter 28 Section 28.106 of Ames Municipal Code regarding Commercial Electric Vehicle Charging Rate 36.First Passage of ordinance amending Chapter 14 of Ames Municipal Code increasing the number of Ames Human Relations Commission members from five to seven (second and third readings and adoption requested) 37.Second passage of ordinance rezoning 210 South 5th Street from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay 38.Second passage of ordinance rezoning with Master Plan of 102 & 116 Hyland Avenue from Residential High Density (RH) to Neighborhood Commercial (NC) with the O-(UIW) West HEARINGS: ORDINANCES: 3 University Impact District 39.Third reading and adoption of ORDINANCE NO. 4519 on Preapproval of Industrial Tax Abatement for a R&D Building at 300 South Bell Avenue DISPOSITION OF COMMUNICATIONS TO COUNCIL: 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. 4 To:Mayor and City Council From:City Clerk's Office Date:February 13, 2024 Subject:Approval of Mintues Item No. 2 MEMO Attached are the minutes for the Special Meeting held on February 2, 6, 7, and 8, 2024, and Regular Meeting held on February 13, 2024, for your review and approval. /cmw ATTACHMENT(S): C24-0202 Summary.pdf C24-0206 Summary.pdf C24-0207 Summary.pdf C24-0208 Summary.pdf C24-0213 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 5 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 2, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 2:00 p.m. on the 2nd day of February, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, and Rachel Junck. Council Member Anita Rollins joined the meeting telephonically. Ex officio Jeff Clark was absent. BUDGET OVERVIEW FOR RECOMMENDED 2024/25 FISCAL YEAR: City Manager Steve Schainker began the staff presentation of the overview of the budget recommended for the 2024/25 Fiscal Year. Council Member Tim Gartin entered the meeting at 2:01 p.m. Finance Director Corey Goodenow and Budget Manager Nancy Masteller presented the Special Reports for FY 2024/25 Budget, answering various questions from the City Council. City Manager Schainker explained the recommended use of the FY 2023/24 General Fund Balance, and Budget Manager Masteller presented an overview of the City’s funds from the Draft 2024-2025 Program Budget. DISPOSITION OF COMMUNICATIONS TO COUNCIL: None. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Betcher, seconded by Junck, to adjourn the meeting at 4:53 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Jeramy Neefus, Principal 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. 6 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 6, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 5:13 p.m. on the 6th day of February, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was absent. FY 2024/25 BUDGET PROPOSALS: Library Director Sheila Schofer and Youth Services Manager Brianna Anderson presented the proposed operating budget for the Ames Public Library, highlighting the impact that funding has on services provided to the Ames community. It was emphasized that libraries are a key component in providing critical information, resources, and spaces for learning and connecting. Water and Pollution Control Director John Dunn continued the budget proposal presentation with the Utilities Program. He introduced and thanked the leadership team of the Water and Pollution Control Department, reviewing the business and technical support functions of each division. He discussed the expenses for personnel support services before highlighting the bench markers of success measured by the Department. Director of Public Works John Joiner concluded the Utilities Program through review of the proposed budget and projects for the areas of Sanitary Sewer Collection, Stormwater Permit Program, Stormwater System Maintenance, and Resource Recovery. He highlighted that Resource Recovery operations were emphasizing and expanding recycling services and other services for landfill diversion. Director Joiner then discussed the activities and services of the Transportation Program, which includes the work groups of Administration, Engineering, Geographic Information Systems (GIS), Traffic Engineering, Traffic Operations, Street Lights, Street System, Parking Operations, and Airport Operations. Director of Fleet Services Corey Mellies shifted to items in General Government/Internal Services, which included Fleet Services and Facilities. Director Mellies reviewed fuel prices for the City’s fleet before Finance Director Corey Goodenow concluded the presentation with the proposed budget for the Finance Department. The various programs covered included Utility Customer Service, Parking Violation Collection, Economic Development, FEMA/Disaster Relief, Financial Services, Information Technology, Print Shop Services, and Messenger Services. The members of the City Council engaged with City staff during each section of the presentation to gather clarifications on specific issues and inquire about status updates for current projects. DISPOSITION OF COMMUNICATIONS TO COUNCIL: None. COUNCIL COMMENTS: The Mayor and Council Members thanked staff for the time and efforts dedicated to preparing the proposed budget. 7 2 ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 7:23 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk’s Office at 515-239-5105. 8 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 7, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 5:13 p.m. on the 7th day of February, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Council Member Gloria Betcher was absent. Ex officio Jeff Clark was also absent. CULTURE AND RECREATION PROGRAM: Director of Parks and Recreation Keith Abraham and Superintendent Joshua Thompson presented the proposed the Parks and Recreation FY 2024/25 Operational Budget. Director Abraham highlighted grants, fundraising, scholarships, price increases, and major projects in development. Director Abraham presented on the Cemetery FY 2024/25 Operational Budget and stated that contract mowing prices had increased significantly in recent years. TRANSPORTATION PROGRAM: Director Abraham stated that 101 Right-of-Way risk trees had been removed, and that staff continued with the program to address Emerald Ash Borer concerns. UTILITIES PROGRAM: Director of Electric Services Donald Kom stated that a new energy peak was set at 138 megawatts, but the Power Plant still had the capacity to meet that demand. He highlighted a costs of service study currently underway, the Department’s involvement with the Climate Action Plan, and stated that there was no proposed rate increase for FY 2024/25. PUBLIC SAFETY PROGRAM: Director Kom stated there were no major changes or programs associated with the Storm Warning System, which was functioning well. Fire Chief Rich Higgins, alongside Deputy Fire Chief Tom Hackett, Deputy Fire Chief Karen Tapper, and Building Official Sara VanMeeteren, presented the proposed FY 2024/25 Operating Budget for Fire Safety. He highlighted community partnerships, community outreach, and how the Department was working to lessen the costs of a new Fire Station #4 location, as well as a Fire Station #2 relocation. Chief Higgins also presented the proposed FY 2024/25 Operating Budget for Building Safety. He noted there had been an 43% increase in commercial permits, that inspectors continued to inspect rental units for resident safety, and that staff continued to evaluate customers experience with the Department by evaluating Development Review Committee procedures. LAW ENFORCEMENT: Chief of Police Geoff Huff, along with Commander Jason Tuttle, Commander Dan Walters, and Support Services Manager Aaron DeLashmutt, presented the FY 2024/25 Operational Budget for the Police Department. He reviewed vacancies in the Department, partnerships and outreach in the community, and trends in crime in Ames. Extra emphasis was 9 placed on mental health partnerships and the relationship the Department cultivated with local schools. TRANSPORTATION PROGRAM: Chief Huff stated that prioritizing a new Animal Shelter started by evaluating what the needs were. He thanked the staff for their commitment, highlighting the great work that had been done in adverse conditions. Chief Huff commended Animal Control Supervisor Ron Edwards for the work he did with community involvement and education. He also highlighted the high live release rates of the Animal Shelter. Regarding Parking Lot Enforcement, Chief Huff stated that 24,152 citations were written, and 3,964 parking tickets remained unpaid. The Department was hopeful to see a decrease in the number of unpaid tickets with the new partnership with Story County for collection. DISPOSITION OF COMMUNICATIONS TO COUNCIL: None. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. ADJORNMENT: Moved by Beatty-Hansen, seconded by Junck, to adjourn at 7:55 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. _______________________________________ __________________________________ Grace Bandstra, 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. 10 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 8, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 5:13 p.m. on the 8th day of February, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was absent. FY 2024/25 BUDGET PROPOSALS: Transportation Program: CyRide Director Barbara Neal delivered the CyRide portion of the Transit presentation. Community Development Program: Planning Services and Administrative Support Services were covered by Planning and Housing Director Kelly Diekmann. Housing Coordinator Vanessa Baker-Latimer presented City-Wide Housing Programs, Community Development Block Grant, HOME Program, and CARES/HOME/ARP Program. General Government/Internal Services: Assistant City Manager Brian Phillips presented for the City Council and the City Manager’s Office. City Clerk Renee Hall shared a video presentation for the City Clerk’s Office. Public Relations Officer Susan Gwiasda introduced her newly-renamed division, Communications and Outreach, with Media Production Coordinator Bill Gebhart. Legal Services was addressed by City Attorney Mark Lambert. Human Resources Director Bethany Ballou presented for Human Resources, joined by Risk Manager Bill Walton for Risk Management, Human Resources Officer Krista Hammer for Health Insurance, and Health Promotion Coordinator Kacie Schumann for Health Promotion. DISPOSITION OF COMMUNICATIONS TO COUNCIL: None. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy. Moved by Gartin, seconded by Beatty-Hansen, to go into closed session at 7:06 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 7:48 p.m. Moved by Corrieri, seconded by Betcher, to approved RESOLUTION NO. 24-051 ratifying Collective Bargaining Agreement with PPME local 2003 (Police) for July 1, 2024 through June 30, 2027. 11 2 Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. ADJOURNMENT: Moved by Betcher, seconded by Junck, to adjourn the meeting at 7:49 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Jeramy Neefus, Principal 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. 12 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 13, 2024 The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 5:00 p.m. on the 13th day of February, 2024. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames, Amber Corrieri, City of Ames, Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Linda Murken, Story County Board of Supervisors, Mayor John Popp, City of Gilbert, and Bill Zinnel, Boone County Board of Supervisors. FFY 2025-2029 PASSENGER TRANSPORTATION PLAN: Transportation Planner Kyle Thompson and Transit Planner Shari Atwood presented the Committee Action Form. Moved by Murken, seconded by Popp, to approve Draft FFY 2025-2029 Passenger Transportation Plan and setting March 26, 2024, as the date of public hearing. Vote on Motion: 9-0. Motion declared carried unanimously. POLICY COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Rollins, seconded by Zinnel, to adjourn at 5:09 p.m. Vote on Motion: 9-0. Motion declared carried unanimously. FY 2023/24 BUDGET WRAP-UP The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:16 p.m. on the 14th day of February 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. COUNCIL BUDGET PRESENTATIONS: Public Art: Assistant City Manager Brian Phillips noted the Public Art component of the budget contains two separate programs, including the Public Art Commission (PAC). Historically, the budget request was $46,000 and Assistant City Manager Phillips shared the request was the same this year. Additionally, PAC requested that $150,000 be allocated from the General Fund for an interactive art piece in the Steven L. Schainker Plaza. Arts Funding (COTA): Assistant City Manager Phillips noted that the Commission on the Arts (COTA) sponsors performing arts activities in the community. He discussed the allocated funding, and a request from COTA to allocate funds from the General Fund to reimburse a 13 2 grant recipient who did not draw down allocated funds the previous year. Human Services Analysis of Social Services Evaluation Team (ASSET): Deb Schildroth presented on the ASSET budget and provided a brief history of the program. She reviewed the dollar amount initially allocated, and shared that after the review process, the actual share of the City’s portion would be $1,780,999. Outside Funding Requests: Assistant City Manager Phillips stated that Outside Funding Requests are those requests that do not fit within the ASSET or COTA process. He reviewed the funding allocation for each request and highlighted the request from the Ames Economic Development Commission (AEDC) as well as changes to how Parking Waiver Reimbursements would be funded. Other Requests: As no other requests were identified, Mayor Haila proceeded to Public Input. PUBLIC INPUT ON CAPITAL IMPROVEMENTS PLAN (CIP) AND BUDGET: Mayor Haila opened the Public Input. Jennnifer Hubbs, Ames Resident, shared her support for allocating funds to a new Animal Shelter. Sheryl Ripke, Ames Resident, stated that as a volunteer at the Animal Shelter she sees the need for a new facility and asked the City Council to prioritize this project in the budget. Ed Goedeken, 917 Ridgewood Avenue, Ames, shared his support as an Animal Shelter volunteer for a new facility as well. Mayor Haila closed the Public Input when no one else came forward to speak. Ex officio Jeff Clark entered the meeting at 6:00 p.m. Mayor Haila and City Manager Steve Schainker provided an update on what funding was available in this budget to prepare for the future undertaking of a new Animal Shelter. FINAL COUNCIL DECISIONS: Amendments to 2024-2029 CIP: Moved by Betcher, seconded by Beatty-Hansen, to approve the 2024-2029 Capital Improvements Plan (CIP). Roll Call Vote: 6-0. Motion declared carried unanimously. Amendments to FY 2023/24 Adjusted Budget: Moved by Beatty-Hansen, seconded by Betcher, to add $7,600 in Local Sales Tax funds to allow KHOI to be reimbursed for FY 2022/23 funding which was never drawn down. Roll Call Vote: 6-0. Motion declared carried unanimously. Adjusted Budget for FY 2024/25, as amended: Moved by Betcher, seconded by Corrieri, to approve the Adjusted Budget for FY 2024/25, as amended, including interfund transfers. 14 3 Roll Call Vote: 6-0. Motion declared carried unanimously. Amendments to proposed FY 2024/25 Budget: Moved by Beatty-Hansen, seconded by Rollins, to award COTA funds in the amount of $240,931. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to award ASSET funds in the total amount of $1,780,999, and set aside an additional $143,579 in unallocated funding from Emergency Shelter Services in the amount of $117,322, Housing Services Coordination in the amount of $6,000, and undesignated for mental health needs in the amount of $20,257. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to award PAC funds in the amount of $46,000. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to award Outside Funding Requests in the amount of $309,035. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, to award AEDC Outside Funding request through the Hotel/Motel Tax for Workforce Development in the amount of $15,000. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Betcher, to award Parking Waiver Reimbursements through the Hotel/Motel Tax fund in the amount of $10,000. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Corrieri, to reduce one vacant Full Time Equivalent (FTE) Police Officer position for Police and Animal Control to 84.05 FTEs. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Betcher, to direct the City Manager to develop a voluntary test program for staff with electric bikes. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to approve the Adjusted Budget for FY 2024/25, as amended, including interfund transfers. Roll Call Vote: 6-0. Motion declared carried unanimously. Director Goodenow outlined of the Budget/CIP calendar and noted that any changes made to the budget after April 9, 2024 would only be able to be decreased. Moved by Betcher, seconded by Junck, to set April 9, 2024, as date of final public hearing to adopt a property tax levy for FY 2024/25. Roll Call Vote: 6-0. Motion declared carried unanimously. 15 4 The FY 2024/25 Budget Wrap-Up meeting recessed at 6:26 p.m. and the Regular Meeting of the Ames City Council reconvened at 6:29 p.m. REGULAR MEETING OF THE AMES CITY COUNCIL CONSENT AGENDA: Mayor Haila noted that the City Council was working from an amended agenda on Item No. 23. Moved by Betcher, seconded by Junck, to approve the consent agenda. 1. Motion approving payment of claims 2. Motion approving Summary of Minutes of Special Meeting on January 16, 2024, and Regular Meeting on January 23, 2024 3. Motion approving Report of Change Orders for period January 16-31, 2024 4. Motion approving Civil Service Candidates 5. Motion approving Ownership Update for Special Class C Retail Alcohol License - Clouds, 119 Stanton Avenue 6. Motion approving new Special Class C Retail Alcohol License - Perkins #1025, 325 South Duff Avenue 7. Motion approving new 5-Day (March 14 March 18, 2024) Special Class C Retail Alcohol License - Lucky Wife Wine Slushies, 2601 East 13th Street, Room B 8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Wal-Mart Supercenter 4256, (534 South Duff Ave), Class E Retail Alcohol License b. Buffalo Wild Wings, (400 South Duff Avenue), Class C Liquor License with Outdoor Service c. Noir LLC (405 Kellogg), Class C Liquor License with Outdoor Service 9. RESOLUTION NO. 24 -052 setting date of public hearing for February 27, 2024, for the sale of Mary Greeley Medical Center property at 2310 East 13th Street, Ames, Iowa to Hunziker & Associates 10. RESOLUTION NO. 24 -053 approving amendment to the Ames Area Metropolitan Planning Organization 28E Agreement 11. RESOLUTION NO. 24 -054 approving the agreement extension with ISU Community and Regional Planning Class regarding Community Engagement 12. RESOLUTION NO. 24 -055 approving amendment to the RISE grant agreement for Iowa State University Research Park Phase III roadway improvements. 13. RESOLUTION NO. 24 -056 approving amendment to the Ames - MidAmerican Energy Joint Pricing Zone Agreement 14. RESOLUTION NO. 24 -057 approving Change Order No. 1 with Tri-City Electric Company for Electrical Maintenance Services Contract for the Power Plant in the amount of $65,000. 15. RESOLUTION NO. 24 -058 approving a Sole Source Procurement of Ultraviolet Lamps for Ames Water Pollution Control Facility from Trojan Technologies in the amount of $54,888 16. RESOLUTION NO. 24 -059 approving modification to FY 2023/24 Childserve ASSET contract 16 5 17. RESOLUTION NO. 24 -060 approving Iowa State University Research Park, Phase III, Sixth Addition, Integrated Site Plan Subdivision Major Final Plat 18. RESOLUTION NO. 24 -061 waiving formal bidding requirements and awarding a contract to Eaton Corporation, of Chicago, Illinois, for the purchase of Combustion Turbine #1 Motor Control Center buckets in the amount of $149,732.28 19. RESOLUTION NO. 24 -062 approving preliminary plans and specifications for the 2021/22 Stormwater Detention/Retention Maintenance Program - (Northridge Heights Pond) project, setting March 6, 2024, as the bid due date and March 12, 2024, as the date of Public Hearing 20. RESOLUTION NO. 24 -063 approving preliminary plans and specifications for the 2023/24 Arterial Street Pavement Improvements (Airport Rd - University Blvd to S. Riverside Dr) project, setting March 6, 2024, as the bid due date and March 12, 2024, as the date of Public Hearing 21. RESOLUTION NO. 24 -064 approving the plans and specifications for the 2023/24 Concrete Street Pavement Improvements Program, setting March 6, 2024, as the bid due date and March 12, 2024, as the date of Public Hearing 22. RESOLUTION NO. 24 -065 approving the plans and specifications for 2023/24 Intelligent Transportation System Program (Phase 3), setting March 19, 2024, as the bid due date through the Iowa DOT and March 26, 2024, as the date of Public Hearing 23. Fitch Family Indoor Aquatic Center a. RESOLUTION NO. 24 -066 approving contract and bond for bid package 03-1 Building Concrete Work with All Star Concrete, LLC of Johnston, IA b. RESOLUTION NO. 24 -067 approving contract and bond for bid package 04-1 Unit Masonry Work with Forrest & Associate of Des Moines, IA c. RESOLUTION NO. 24 -068 approving contract and bond for bid package 06-1 General Carpentry Work with Lansink Construction, Inc. of Johnston, IA d. RESOLUTION NO. 24 -069 approving contract and bond for bid package 07-3 Membrane Roofing & Sheet Metal Flashing Work with Central States Roofing of Ames, IA e. RESOLUTION NO. 24 -070 approving contract and bond for bid package 08-1 Entrance, Storefront, Curtainwall & Glazing Work with Orning Glass Company of Ames, IA f. RESOLUTION NO. 24 -071 approving contract and bond for bid package 09- 1 Gypsum Board Assembly, Acoustical Ceiling, Paint & Coating Work with Hilsabeck Schacht of West Des Moines, IA g. RESOLUTION NO. 24 -072 approving contract and bond for bid package 13-1 Swimming Pool Work with Sande Construction & Supply Co. of Humboldt, IA h. RESOLUTION NO. 24 -073 approving contract and bond for bid package 21-1 Fire Suppression System Work with Midwest Automatic Fire Sprinkler Company of Des Moines, IA i. RESOLUTION NO. 24 -074 approving contract and bond for bid package 22- 1 Plumbing & HVAC Work with Brockway Mechanical & Roofing Co., Inc. of Des Moines, IA j. RESOLUTION NO. 24 -075 approving contract and bond for bid package 26-1 Electrical, Communications, Electronic Safety & Security Work with Van Maanen 17 6 Electric, Inc., of Newton, IA k. RESOLUTION NO. 24 -076 approving contract and bond for bid package 31-1 Demolition & Earthwork with Con-Struct, Inc. of Ames, IA l. RESOLUTION NO. 24 -077 approving contract and bond for bid package 32- 1 Paving & Sidewalk Work with Lakeside Contractors LLC of Ames, IA m. RESOLUTION NO. 24 -078 approving contract and bond for bid package 33-1 Site Utility Work with Iowa Pipe & Grading, LLC of Ames, IA 24. RESOLUTION NO. 24 -079 approving contract and bond for 2022/23 CyRide Route Pavement Improvements (Lincoln Way) with Con-Struct, Inc., of Ames, IA 25. RESOLUTION NO. 24 -080 approving contract and bond for 2023/24 Asphalt Pavement Improvements Program #1 with Manatt's, Inc., of Ames, IA 26. RESOLUTION NO. 24 -081 approving contract and bond for 2023/24 Asphalt Pavement Improvements Program #2 with Con-Struct, Inc., of Ames, IA 27. RESOLUTION NO. 24 -082 approving contract and bond for 2023/24 Seal Coat Street Pavement Improvements with Manatt's, Inc., of Ames, IA 28. RESOLUTION NO. 24 -083 approving contract and bond for CyRide Security System Upgrade Phase II with Commonwealth Electric of the Midwest, of Des Moines, IA 29. RESOLUTION NO. 24 -084 approving contract and bond for HVAC Replacement at the Power Plant with Mechanical Comfort, Inc., of Ames, Iowa 30. Sanitary Sewer Rehabilitation - (US HWY 69) a. RESOLUTION NO. 24 -085 approving Change Order No. 3, the balancing change order, a deduction in the amount of $148,716.01. b. RESOLUTION NO. 24 -086 accepting the Sanitary Sewer Rehabilitation - (US HWY 69) project as completed by Jet Drain Services LLC, of Ames, Iowa in the amount of $1,249,017.99. Roll Call Vote: 6-0. 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. Eliana Robinson, 123 7th Street, stated her support for having policy changes and conversation about density in Ames. Mayor Haila closed the Public Forum when no one else came forward to speak. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023: Accounting and Reporting Manager Kara Nady and Finance Director Corey Goodenow presented the Council Action Form (CAF) and answered questions from the City Council. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 24 -087 approving the Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby 18 7 made a portion of these Minutes. HEARING ON ASH POND CLOSURE AND RDF ASH POND CONSTRUCTION: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Junck, to accept the report of bids and direct staff to delay award. Vote on Motion: 6-0. Motion declared unanimously. HEARING ON REZONING WITH MASTER PLAN OF 102 & 116 HYLAND AVENUE FROM RESIDENTIAL HIGH DENSITY (RH) TO NEIGHBORHOOD COMMERCIAL (NC) WITH THE O-(UIW) WEST UNIVERSITY IMPACT DISTRICT: Director of Planning and Housing Kelly Diekmann presented the CAF. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Betcher, to approve the request to rezone .39 acres at 102 & 116 Hyland Avenue from "RH” (Residential High Density) with the O-UIW (University West Impact Overlay) to “NC” (Neighborhood Commercial) District with the O-UIW (University West Impact Overlay) and with a Master Plan subject to the condition that a Rezoning Agreement for the Master Plan is reviewed and approved by City Council no later than the Third Reading of the rezoning. Vote on Motion: 6-0. Motion declared unanimously. HEARING ON REZONING OF 210 SOUTH 5TH STREET FROM AGRICULTURAL (A) TO HIGHWAY ORIENTED COMMERCIAL (HOC) WITH AN ENVIRONMENTALLY SENSITIVE OVERLAY: Director Diekmann presented the CAF. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Junck, seconded by Gartin, to approve the request to rezone 3.22 acres of the property at 210 South 5th Street from “A” (Agricultural) with the O-E (Environmentally Sensitive Overlay) to “HOC” (Highway-Oriented Commercial) District with the O-E (Environmentally Sensitive Overlay). Vote on Motion: 6-0. Motion declared unanimously. SECOND READING ON PREAPPROVAL OF INDUSTRIAL TAX ABATEMENT FOR A R&D BUILDING AT 300 SOUTH BELL AVENUE: Moved by Betcher, seconded by Rollins, to pass on Second reading an ordinance on Preapproval of Industrial Tax Abatement for a R&D Building at 300 South Bell Avenue. Roll Call Vote: 5-0-1, Junck abstaining. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were five items for the City Council to consider. An email from Jeremy Thede, Ames Resident, regarding slow-pitch softball field conditions was the first item to be discussed. City Manager Schainker stated that staff has responded and are working with the resident to address this concern, so no further action from the City Council was necessary. 19 8 City Manager Steve Schainker sent an email with a recommendation to increase the Ames Human Relations Commission Membership. Moved by Betcher, seconded by Corrieri, to have the City Attorney draft an ordinance raising the Ames Human Relations Commission membership to seven. Vote on Motion: 6-0. Motion declared carried unanimously. A request for a parking time limit waiver from Crystal Davis on behalf of Ames Main Street was the next item to be evaluated. Moved by Junck, seconded by Beatty-Hansen, to deny the request. Motion withdrawn. Moved by Betcher, seconded by Rollins, to request that staff review what has been done in the past and bring a memo back to the City Council at the next meeting. Vote on Motion: 6-0. Motion declared carried unanimously. Director Diekmann submitted reports on Changes to Comprehensive Plan Land Use Designation and Rezoning for Properties in the Iowa State University Research Park on University Boulevard and addressing a request for a Zoning Text Amendment with in Iowa State Research Park Hub area to Allow for Mixed-Use Residential Development. Moved by Betcher, seconded by Beatty-Hansen, to place both items on a future agenda. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri, to adjourn at 7:14 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. _______________________________________ _________________________________ Grace Bandstra, 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. 20 9 21 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) Parks & Recreation/ Fleet Ames Downtown Plaza 10 $4,633,000.00 Henkel Construction Company $-(56,899.00)$6,968.53 B. Phillips KS Fleet Services Purchase of Bobcat 770s Skid Steer Loader with Bucket 1 $51,704.13 Bobcat of Ames $0.00 $1,955.00 R. Iverson QE Public Works 2021/22 Accessibility Enhancement Program 1 $179,758.01 Caliber Concrete LLC $0.00 $-(18,008.20)J. Joiner KS Public Works 2022/23 E 13th Street Sanitary Sewer Extension 1 $2,125,500.00 On-Track Construction, LLC $0.00 $44,675.00 B. Phillips KS $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:February 2024 For City Council Date:February 27, 2024 22 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA FEBRUARY 22, 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 8:15 AM on February 22, 2024. Also in attendance was Commission Clerk, Vicki Hillock and Human Resources Director, Bethany Ballou. APPROVAL OF MINUTES OF JANUARY 25, 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: Treatment Plant Maintenance Worker Matthew Peterson 74 Matt Hammond 71 Utility Customer Service Clerk Heather Hansen 81 Grace Hoffman 78 Karina Torres 70 Vote on Motion: 3-0. Motion declared carried unanimously. DISCUSSION: Pike asked of HR Director, Ballou what entry-level and promotional-level applicants mean. Ballou explained entry-level applicants means the recruitment is an open recruitment for internal and external candidates, whereas promotional-level recruitments are for those on a promotional path within the City, ie for intern al candidates only. Linduska asked if recruiting was continuing to see improvement. Ballou responded the environment is continuing to improve but we are not at levels seen before 2020. COMMENTS: The next Regular Meeting will be held telephonically or in-person, depending on weather, on Thursday, March 28, 2024, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:21 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 23 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:February 27, 2024 Subject:Motion approving new license for Class E Retail Alcohol License - SipN'Smoke, 4518 Mortensen Road Item No. 5 MEMO Please see the attached documentation for a motion approving new Class E Retail Alcohol License - SipN'Smoke, 4518 Mortensen Road. /gb ATTACHMENT(S): SipN'Smoke 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 24 Page 1 of 2 Applicant NAME OF LEGAL ENTITY JAMBO CORPORATION NAME OF BUSINESS(DBA) SipN'Smoke BUSINESS (206) 618-1257 ADDRESS OF PREMISES 4518 Mortensen Road PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 4518 Mortensen Road CITY Ames STATE Iowa ZIP 50014 Contact Person NAME Arif Valji PHONE (206) 618-1257 EMAIL avalji@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES Status of Business 25 Page 2 of 2 BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Arif Valji West Des Moines Iowa 50266 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 26 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:February 27, 2024 Subject:New 5-Day Special Class C Retail Alcohol License - Farmhouse Catering, L.C., 2321 North Loop Drive Item No. 6 MEMO Please see the attached application for a new 5-Day (March 21 - March 25, 2024) Special Class C Retail Alcohol License - Farmhouse Catering L.C., 2321 North Loop Drive, Pending Dramshop Review. /gb ATTACHMENT(S): Farmhouse Catering 5-Day.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 27 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Farmhouse Catering,L.C. NAME OF BUSINESS(DBA) Farmhouse Catering BUSINESS (641) 895-4684 ADDRESS OF PREMISES 2321 North Loop Drive PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 2321 North Loop Drive CITY Ames STATE Iowa ZIP 50010 Contact Person NAME jeramy Morrison PHONE (641) 895-4684 EMAIL jmorrison@cpmi-cre.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Pending Dramshop Review EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Status of Business 28 Page 2 of 2 BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Evie Peterson Ames Iowa 50010 owner 100.00 Yes Companies COMPANY NAME FEDERAL ID CITY STATE ZIP % OF OWNERSHIP farmhouse catering LC 27-0770251 Nevada Iowa 50201 0.00 Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 29 To:Mayor and City Council From:Geoff Huff, Chief of Police Date:February 27, 2024 Subject:Outlaws, 2522 Chamberlain Street Item No. 7 MEMO A review of the police records for the past 8 months found Outlaws had two On Premise violations. In one case the person had a fake ID. In the second case the person claimed they did not have an ID, but because Outlaws utilizes a handheld scanner, officers were able to confirm a fake ID was used to gain entry. Outlaws has also passed a compliance check in September 2023. The Police Department recommends the license renewal for this business. /gb ATTACHMENT(S): Outlaws 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 30 Page 1 of 2 Applicant NAME OF LEGAL ENTITY BOC, INC. NAME OF BUSINESS(DBA) OUTLAWS BAR BUSINESS (515) 231-8388 ADDRESS OF PREMISES 2522 Chamberlain StreetCampustown PREMISES SUITE/APT NUMBER CITY Ames COUNTY Iowa ZIP 50323 MAILING ADDRESS 126 Welch AvenueCampustown CITY Ames STATE Iowa ZIP 50014 Contact Person NAME Andrew White PHONE (515) 231-8388 EMAIL whitecor2@gmail.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 Outdoor Service 31 Page 2 of 2 Status of Business BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Andrew White Urbandale Iowa 50323 President 89.85 Yes Insurance Company Information INSURANCE COMPANY Founders Insurance Company POLICY EFFECTIVE DATE Feb 27, 2024 POLICY EXPIRATION DATE Feb 27, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 32 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:February 27, 2024 Subject:Motion Approving Ownership Updates for Class E Retail Alcohol - Kwik Spirits #530, 204 South Duff Avenue Item No. 8 MEMO Please see the attached documentation for Motion approving Ownership Updates for Class E Retail Alcohol - Kwik Spirits #530, 204 South Duff Avenue. /gb ATTACHMENT(S): Kwik Spirits #530 Ownership Update.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 33 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Kwik Trip, Inc. NAME OF BUSINESS(DBA) Kwik Spirits #530 BUSINESS (515) 232-4389 ADDRESS OF PREMISES 204 S Duff Ave PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1626 Oak St CITY La Crosse STATE Wisconsin ZIP 54602 Contact Person NAME Deanna Hafner PHONE (608) 793-6262 EMAIL dhafner@kwiktrip.com License Information LICENSE NUMBER LE0003453 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Apr 15, 2024 EXPIRATION DATE Apr 14, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES 34 Page 2 of 2 Status of Business BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Scott Zietlow Rochester Minnesota 55902 Owner 100.00 Yes Thomas Reinhart Onalaska Wisconsin 54650 Secretary 0.00 Yes David Wagner Stoddard Wisconsin 54658 Treasurer 0.00 Yes Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 35 To:Mayor and City Council From:Grace Bandstra, Deputy City Clerk Date:February 27, 2024 Subject:Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Star #1158, 1910 Isaac Newton Drive Item No. 9 MEMO Please see the attached documentation for Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Star #1158, 1910 Isaac Newton Drive. /gb ATTACHMENT(S): Kwik Star #1158 Ownership Update.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 36 Page 1 of 2 Applicant NAME OF LEGAL ENTITY KWIK TRIP, INC. NAME OF BUSINESS(DBA) Kwik Star #1158 BUSINESS (515) 735-4993 ADDRESS OF PREMISES 1910 Isaac Newton Dr. PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1626 Oak St CITY La Crosse STATE Wisconsin ZIP 54602 Contact Person NAME Deanna Hafner PHONE (608) 793-6262 EMAIL dhafner@kwiktrip.com License Information LICENSE NUMBER LE0003920 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE Aug 1, 2023 EXPIRATION DATE July 31, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES 37 Page 2 of 2 Status of Business BUSINESS TYPE Corporation Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Thomas Reinhart Onalaska Wisconsin 54650 Secretary 0.00 Yes Scott Zietlow Rochester Minnesota 55902 Owner 100.00 Yes David Wagner Stoddard Wisconsin 54658 Treasurer 0.00 Yes Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 38 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:February 1, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 10 MEMO A review of police records for the past 12 months found no liquor law violations for Coldwater Golf Links, Kum & Go #1113, Kum & Go #227, Elks Lodge, Homewood Golf Course, The Spice Thai Cuisine, Casey’s General Store #2905, Pizza Pit Extreme, and West Towne Pub. The Ames Police Department recommends the license renewal for these businesses. A review of the police records for the past 12 months found BN’C Fieldhouse had had nine on premise violations with four involving fake IDs. They failed one compliance check on 11/3 by selling alcohol to someone under 21 years of age and passed a compliance re-check on 11/17. The Ames Police Department will encourage BN’C Fieldhouse to better identify patrons using fake IDs. The Police Department will also encourage them to use scanners, continue to attend training including the department sponsored ID training and the state sponsored I-PACT training, and conduct their own compliance checks. The Police Department will continue to monitor this establishment by conducting regular foot patrols, bar checks, and evaluating their safeguards. On 3/29/23 BN’C Fieldhouse’s 50/50 rule exception was approved by the Chief of Police allowing minors on premise until 9 pm, as allowed by code, since 50% or more of their business is food until that time. It appears they are following the restrictions for the 50/50 exception. The Ames Police Department recommends the license renewal for this business. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 39 ITEM #:11 DATE:02-27-24 DEPT:ADMIN SUBJECT:REQUESTS FROM FITNESS SPORTS AMES FOR TURKEY TROT ON NOVEMBER 28, 2024 COUNCIL ACTION FORM BACKGROUND: Fitness Sports Ames has requested to host a Thanksgiving morning 5k, known as a "Turkey Trot", on November 28, 2024. An estimated 300 people will enter the race. The event will begin and end in the downtown area. A portion of the route along 13th Street will utilize a shared-use path. Other portions of the route will require street closures. In order to facilitate this event, organizers are requesting partial street closures on Thursday, November 28, 2024, at the following locations: 5th Street from Burnett Avenue to Clark Avenue Clark Avenue from 5th Street to Main Street Main Street from Clark Avenue to 6th Street 6th Street from Northwestern Avenue to Brookside Park Ridgewood Avenue from 13th Street to 6th Street Burnett Avenue from Main Street to 5th Street Metered parking spaces along the route will also be closed. Because Thanksgiving is a City holiday, no parking meter revenue will be lost. Volunteers will be stationed at intersections along the route to assist traffic. Because several blocks of residences between Ioway Creek and Ridgewood Avenue rely on Ridgewood Avenue to gain access, organizers will ensure runners are primarily concentrated on the left side of the road while on Ridgewood to ensure maximum visibility to motorists. City staff will provide barricades and traffic cones to facilitate this event, blocking a dedicated running lane while allowing vehicle traffic to continue using other lanes. A letter of support has been obtained from Ames Main Street for the event. ALTERNATIVES: 1. Approve the requests for the Turkey Trot on November 28, 2024, as outlined above. 2. Do not approve the requests for the Turkey Trot. CITY MANAGER'S RECOMMENDED ACTION: The Turkey Trot offers an opportunity to attract the public to Downtown Ames for a unique event. The applicant has provided all necessary documentation to support these requests. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative 1, as described above. ATTACHMENT(S): 2024 Turkey Trot Fitness Sports Ames Letter of Support.pdf 2024 Turkey Trot Application.pdf 40 304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org January 31, 2024 Mayor and City Councill City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and Members of the Ames City Council, Ames Main Street is pleased to offer its support for the Ames Turkey Trot, hosted by Fitness Sports-Ames, on November 28, 2024. We also endorse the closure of the streets in the Downtown Ames district to make this event happen, to keep all runners, walkers, and spectators safe. Events of this nature help Downtown Ames achieve its vision of making it the primary destination of Central Iowa by creating an economically vibrant district with unique living, dining, and entertainment experiences. Sincerely, Crystal D. Davis Executive Director Ames Main Street 41 42 43 ITEM #:12 DATE:02-27-24 DEPT:FIN SUBJECT: RESOLUTION SETTING MARCH 26, 2024 AS DATE OF PUBLIC HEARING AND ADDITIONAL ACTION ON PROPOSAL TO ENTER INTO A GENERAL OBLIGATION LOAN AGREEMENT AND TO BORROW $2,000,000 THEREUNDER COUNCIL ACTION FORM BACKGROUND: The FY 2024/25 City Budget includes several General Obligation (G.O.) Bond-funded capital improvements. A public hearing is required to authorize the issuance of bonds and the levy of property taxes for debt to be issued. The proposed public hearing in the amount of $2,000,000 corresponds to the portion of the FY 2024/25 CIP that is not in support of the indoor aquatic center project. A separate public hearing which authorized $21,200,000 to support the construction of the indoor aquatic center project was held on September 14, 2021. Therefore, all authorizations for the indoor aquatic center are complete and are not included in this proposed public hearing notice, but will be part of the FY 2024/25 bond issuance. The proposed CIP includes $16,678,016 of bond proceeds to support the indoor aquatics center for FY 2024/25. The G.O. Bonds and debt service levy for the FY 2024/25 budget are based on the projects listed in the table below. Council authorization will be required later to approve the sale of the bonds. 2024/25 CIP G.O. ISSUE Intelligent Transportation System $ 476,100 Airport Entryway Improvements 680,000 Ada Hayden Heritage Park Improvements 700,000 Total Project Costs $ 1,856,100 Previously Authorized Indoor Aquatic Center $16,678,016 Total Project Costs $ 18,534,116 44 Issuance and Rounding $ 143,900 Total FY 2024/25 Bond Issuance $ 18,678,016 As noted above, in addition to the amount to fund the G.O. Bond-funded capital projects, the amount not-to-exceed includes additional authorization to allow for issuance costs and rounding. Additionally, at the time of sale, staff, in consultation with the City's financial advisor, will review the advantages of issuing bonds at a premium or discount over the par (face value) of bonds, ensuring the lowest true interest cost (TIC). In either case, debt will not be issued in an amount where debt service exceeds the property tax levy included in the proposed FY 2024/25 budget. In order for the City to utilize the debt service levy to support FY 2024/25 debt-funded CIP projects, a pre-levy resolution will be required as part of the upcoming public hearing. The pre-levy amount will support both the total debt service requirements for the indoor aquatic center and the other projects noted above. The proposed pre-debt service property tax levy is $1,547,702 of the total $11,749,157 in annual property taxes expected to be levied for debt service in FY 2024/25. ALTERNATIVES: 1. Set March 26, 2024, as the date of the public hearing to authorize the issuance of General Obligation Bonds in an amount not to exceed $2,000,000. After the hearing, the Council can authorize the sale and associated pre-levy resolution. 2. Reject or delay the public hearings, reduce the FY 2024/25 property tax levy, and delay the capital projects. Rejection of the Essential Corporate Purpose Bonds will prevent the City from completing the bond-funded projects reflected in the CIP CITY MANAGER'S RECOMMENDED ACTION: Prior to the issuance of debt, state law requires that a public hearing be held and associated pre-levy resolution be adopted. This is a required step in order to accomplish the Council’s approved capital improvements for the upcoming fiscal year. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby setting March 26, 2024, as the date of the public hearing to authorize the issuance of General Obligation Bonds in an amount not to exceed $2,000,000. 45 ITEM #:13 DATE:02-27-24 DEPT:W&PC SUBJECT:LAND ACQUISITION FOR DRINKING WATER SOURCE PROTECTION COUNCIL ACTION FORM BACKGROUND: The Ames Water Plant obtains its source water from wells located in various parts of the community. In April of 2000, the City acquired approximately 73 acres of land for a future “I-35 East Well Field.” The FY 2018/19 Capital Improvements Plan included the “South Skunk River Well Field Land Acquisition” project to acquire additional ground at a then-undetermined location somewhere between the Hunziker Youth Sports Complex and the I-35 East Well Field. A portion of the authorized funds have been spent on test wells, and the balance ($476,278) has been carried over from year-to-year while staff worked to assemble a meaningful project. On September 12, 2023, Council approved a conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire a parcel referred to as the C. G. Lee property. The concept was for the property to be acquired in partnership with the Iowa Natural Heritage Foundation (INHF). This land acquisition is for a combination of drinking water source protection and nutrient reduction credit. The approximately 42 acres is hydraulically up-gradient from the I-35 East Well Field ground, and returning it to native species will serve to protect and preserve the groundwater in the vicinity for long-term source water protection. Additionally, the Water Pollution Control Facility can claim nutrient reduction credits for retiring the land. The City's acquisition price is the amount paid by the INHF (42 acres at $12,000 per acre, or $508,200) minus a private donation received by the INHF of $8,200, for a final selling price of $500,000. The source of the funds used to purchase the property are as follows. South Skunk River Well Field Land Acquisition CIP (Water Fund)$390,000 Watershed-based Nutrient Reduction CIP (Sewer Fund)75,000 Story County Pheasants Forever 10,000 Marshall/Tama County Pheasants Forever 2,000 ISU Chapter Pheasants Forever 12,500 Boone Co Pheasants Forever 8,000 Hardin County Pheasants Forever 2,500 Total $500,000 Several different Pheasants Forever chapters deserve credit for much-appreciated contributions to this project. These donations have been deposited into a Water Fund account. The City will expend $425,000 from the Water Fund and $75,000 from the Sewer Fund, with the donations reducing the net amount from the Water Fund to the $390,000 shown above. The deed places a restriction on the use of the land for “…conservation, open space, hunting, and trail purposes…” All of these uses are quite compatible with the City’s interest in protecting the underlying 46 g r ou n dw at er. Staff does not anticipate the future construction of drinking water wells on this property, but has reserved the right to do so at the City's sole discretion within the deed. Staff is continuing to pursue acquisition of portions of an adjacent property that was also conceptually approved by Council in September 2023, referred to as the Ryerson property. The acquisition of this land would be for the future construction of the I-35 West Well Field, and would be accomplished in partnership with the Iowa Department of Agriculture and Land Stewardship and Story County Conservation. The contribution by the City towards the Ryerson property would be approximately $69,000, which would come from the remaining funds in the FY 2018/19 South Skunk River Well Field Land Acquisition CIP account. The attached purchase offer has been reviewed and approved by the City's Legal Department. Following Council approval, staff will proceed with closing on the property over the next few weeks. ALTERNATIVES: 1. Approve the purchase offer and direct staff to proceed with closing on the C. G. Lee property. 2. Do not approve the purchase and provide direction to staff regarding the acquisition of ground south of Ames for future drinking water supply needs. CITY MANAGER'S RECOMMENDED ACTION: The Capital Improvement Plan includes two important forward-looking projects. One is to secure an additional location from which the City could draw groundwater as a future drinking water source. The other is to pursue watershed-based nutrient reduction removal projects as a way to bank credits against any future restrictions on the Water Pollution Control Facility’s discharge permit. Important considerations include the following. City funds have been budgeted and earmarked for this specific purpose; Outside funding partners are willing to assist both financially and with needed expertise; and A willing landowner is offering to sell the property to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Location of C G Lee Property.docx CG Lee Offer to City of Ames.pdf 47 Location of C G Lee Property and the Future I-35 Wellfield 48 49 50 51 52 53 54 55 56 ITEM #:14 DATE:02-27-24 DEPT:W&PC SUBJECT:28E AGREEMENT FOR DOTSON WETLAND PROJECT COUNCIL ACTION FORM BACKGROUND: The Water Pollution Control Facility (WPCF) is being converted to a nutrient removal treatment technology. Separate from the work that will occur inside the treatment plant, watershed-based nutrient reducing improvements are being performed by the City. On February 24, 2021, staff executed a Memorandum of Understanding with the Iowa Department of Natural Resources to allow these off-site nutrient reductions to be banked with the Iowa Nutrient Reduction Exchange (NRE) as credit toward any future, more stringent nutrient reduction regulations imposed on the WPCF. In partnership with the Iowa Department of Agriculture and Land Stewardship (IDALS), Ducks Unlimited, and Story County Conservation, a 20.9 acre constructed wetland is being designed northwest of Ames near the Prairie Valley subdivision. Referred to as the Dotson Wetland, it will be located at the outlet of a large county drainage district that currently discharges directly into Ioway Creek. The wetland will ultimately treat subsurface drainage from over 2,200 acres of farmed land. Based on preliminary sizing calculations provided by Dr. William Crumpton at Iowa State University, the modeled nitrogen mass removal rate of the wetland will be approximately 22,000 pounds per year, which will be entered into the NRE annually to receive nutrient reduction credit. Wetland design is nearing completion and permitting and construction is expected to occur in 2024. The total cost of construction for the wetland will be covered by IDALS and the wetland will be constructed on property owned by Story County. IDALS will contract for the construction of the wetland. Due to the property’s topography, this will be a ‘pumping-style’ wetland. Following construction, the City will own and maintain the infrastructure associated with the pump station. Story County will provide vegetation maintenance as needed for the wetland. In the event of catastrophic damage, such as by significant flooding, the City and the County will share the cost of repairs. ALTERNATIVES: 1. Approve a 28E agreement with the Iowa Department of Agriculture and Land Stewardship – Division of Soil Conservation and Water Quality and Story County for the Dotson Wetland. It should be noted that the 28E agreement commits the City to ownership and ongoing maintenance of the pump station. 2. Do not approve the 28E Agreement. CITY MANAGER'S RECOMMENDED ACTION: The Ames Water Pollution Control Facility will be converted to a nutrient removal treatment technology over a period of 20 years. To mitigate future investment beyond what is already planned for, watershed-based projects can be performed, and the resulting nutrient reduction credits can be banked. 57 The planned Dotson Wetland project will be constructed using funds from the Iowa Department of Agriculture and Land Stewardship on land owned by Story County. Construction will be contracted for and administered by IDALS. Following construction, the County will manage the vegetation, and the City will own and operate a small pump station. Following project completion, the City will register this practice with the Iowa Nutrient Reduction Exchange and receive annual nutrient reduction credit for the lifespan of the wetland. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Dotson Wetland Site Map.jpg 28E_STORY_Wetland_Agreement_updated FINAL 2.19.24.docx 58 59 1 Preparer: Matt Lechtenberg, Executive Officer III, PH: (515) 281-3857 Iowa Department of Agriculture & Land Stewardship Henry A. Wallace Bldg., 502 E. 9th Street, Des Moines, IA 50319-0050 Return to: Matt Lechtenberg, Iowa Department of Agriculture & Land Stewardship Henry A. Wallace Bldg., 502 E. 9th Street, Des Moines, IA 50319-0050 28E AGREEMENT BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP –DIVISION OF SOIL CONSERVATION AND WATER QUALITY; STORY COUNTY, IOWA; AND THE CITY OF AMES, IOWA; FOR THE WATER QUALITY WETLAND PROJECT: STO842407B This 28E Agreement by and between the Iowa Department of Agriculture and Land Stewardship – Division of Soil Conservation and Water Quality (hereinafter “DIVISION”) located at 502 East 9th Street, Des Moines, Iowa 50319; Story County, Iowa (hereinafter “COUNTY”), a governmental subdivision of the State of Iowa; and the City of Ames, Iowa, a municipal corporation of the County of Story, State of Iowa (hereinafter “CITY”); Collectively referred to as “Parties” or “the Parties”). This Agreement is entered into pursuant to Chapter 28E of the Code of Iowa. I.PURPOSE This Agreement is executed to define responsibilities, including performance of services and financial, of the Parties related to the ownership, design, permitting, construction, and maintenance of a water quality wetland in Story County (Project ID: Sto842407B) (the “Project”) that meets the requirements of the Water Quality Initiative (WQI), on real property legally described as: Lot C, Prairie Valley Subdivision First Addition, located in the Northwest Quarter (NW1/4) of Section 7, Range 24 West of the 5th P.M., Story County, Iowa (The “Property”). The Property is locally known as the Dotson Wetland. II.EFFECTIVE DATE AND TERM This Agreement shall take effect upon execution by the parties as required by law, and filing with the Secretary of State in an electronic format as required by law. This agreement shall continue in effect until December 31, 2025, unless terminated earlier pursuant to the provisions herein. The Agreement may be extended by the written agreement of all parties on terms stated therein. 60 2 III.ADMINISTRATION This Agreement shall be administered by the DIVISION. All administrative decisions concerning this Agreement shall be undertaken pursuant to the terms outlined below. No separate entity is created under this Agreement. IV.POWERS AND DUTIES The parties to this Agreement shall retain all powers and duties conferred by their respective enabling acts but shall assist each other in the exercise of these powers and the performance of these duties. V.DIVISION RESPONSIBILITIES The DIVISION shall: A.Provide technical assistance related to the design and construction observation/checkout of the wetland project. B.Act as the fiscal agent for the PROJECT. The duties of the fiscal agent shall include construction bidding, awarding contract to contractor, managing contract with contractor, and providing payments to contractor. Provide all financing for design and construction, observation/checkout costs, and initial seeding after construction is completed. C.Provide permitting support for applicable permits required by this project. VI.CITY RESPONSIBILITIES The CITY shall: A.Own and maintain pump and power infrastructure including all hardware, piping, power supply and associated infrastructure, and secure the long-term maintenance of pump and power infrastructure through agreement with the necessary parties. B.Register any nutrient offsets or credits generated by the wetland in the Nutrient Reduction Exchange administered by the Iowa Department of Natural Resources. C.Provide cost-share in the event of major or catastrophic failure, such as caused by significant flooding, of no more than one half of the cost of the repair or reconstruction of the PROJECT. VII.COUNTY RESPONSIBILITIES The COUNTY shall: A.Allow the construction of the wetland on County owned property (Property) and acquire any necessary permission from any adjacent landowners to construct the Project. This Agreement is wholly contingent upon the County providing the Property upon which the water quality wetland will be installed and securing the 61 3 long-term maintenance and protection of the wetland through easement with the local Soil and Water Conservation District. B.Obtain and transfer to the CITY any and all claims any wetland landowner may have to register on the Nutrient Reduction Exchange the practice(s) installed on landowner’s property while either this Agreement or related easement are in effect. C.Provide cost-share in the event of catastrophic failure, such as caused by significant flooding, of no more than one half of the cost of the repair or reconstruction of the PROJECT. D.Provide vegetation maintenance. IX.AMENDMENT This Agreement may be amended from time to time by written agreement of the Parties. All amendments shall be in writing, signed by all Parties, and filed in an electronic format with the Secretary of State as required by Iowa Code Section 28E.8(1)(b) (2023). X.TERMINATION Any or all parties may terminate this Agreement at any time upon 120 days prior written notice to the other parties. Upon termination of this Agreement, the Parties agree to use their best efforts to wrap up all operations undertaken pursuant to this Agreement. In the event of a conflict as to the distribution of funding associated with the administration of this Agreement, such conflict shall be resolved between the parties by arbitration paid for equally between the disputing parties. XI.NOTICES Whenever notices and correspondence are to be given under this Agreement, the notices shall be given by personal delivery to the other party, or sent by mail, postage prepaid, to the other party as follows: To THE COUNTY To the DIVISION Story County Division of Soil Conservation & Water 900 6th Street Quality - IDALS Nevada, IA 50201 502 E. 9th Street Wallace State Office Building Des Moines, IA 50319-0050 To the CITY City of Ames 515 Clark Ave. Ames, IA 50010 62 4 XII.APPLICABLE LAW This Agreement is to be governed by the laws of the State of Iowa. XIII.FILING AND RECORDING It is agreed that the DIVISION will file this Agreement in an electronic format with the Secretary of State as required by Iowa Code section 28E.8(1)(a) (2023). IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, the parties have entered into this 28E Agreement and have caused their duly authorized representatives to execute this 28E Agreement. [Remainder of this page has intentionally been left blank. Signature pages follow.] 63 5 DIVISION OF SOIL CONSERVATION AND WATER QUALITY BY: DATE: ______________________________ Grant Menke, Deputy Secretary of Agriculture Iowa Department of Agriculture & Land Stewardship This instrument was acknowledged before me on the day of __ _, 2024, by Grant Menke, Deputy Secretary of the Iowa Department of Agriculture & Land Stewardship. Notary Public in and for the State of Iowa 64 6 IN WITNESS THEREOF, STORY COUNTY, IOWA has caused this 28E Agreement to be executed on the____ day of __________________, 2024. Story County, Iowa By:____________________________Attest:___________________ Chairperson, Board of Supervisors Story County Auditor STATE OF IOWA ) ) ss: COUNTY OF STORY ) On this _____ day of _____________________, 2024, before me, a Notary Public in and for said County, personally appeared ______________________________and ____________________________to me personally known, and who being duly sworn, did say that they are the Chairperson and Auditor, respectively of the Board of Supervisors of Story County, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said County, and that said instrument was signed and sealed on behalf of said County by authority and resolution of its Board of Supervisors as contained in Resolution No.__________ adopted on ________________, 2024, and said Chairperson and Auditor acknowledged said instrument to be the free act and deed of said County by it voluntarily executed. _________________________________ Notary Public for Iowa 65 7 IN WITNESS THEREOF, the City of Ames has caused this 28E Agreement to be executed on the _____ day of __________________, 2024. CITY OF AMES, IOWA ATTEST: John A. Haila, Mayor Renee Hall, City Clerk Approved As To Form: Jane Chang Assistant City Attorney STATE OF IOWA ) ) ss: COUNTY OF STORY ) On this _____ day of _____________________, 2024 before me, a Notary Public in and for said County, personally appeared John A. Haila and Renee Hall to me personally known, and who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Ames, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council, as contained in Resolution No. ____________, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. _________________________________ Notary Public for Iowa 66 To:Mayor and City Council From:City Clerk's Office Date:February 13, 2024 Subject:Contract and Bond Approval Item No. 15 MEMO There is no Council Action Form for the Fitch Family Indoor Aquatic Center Bid Package 03-3 Precast Concrete & Structural Steel project. 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 67 ITEM #:16 DATE:02-27-24 DEPT:W&PC SUBJECT:REPORT OF BIDS AND AWARD OF CONTRACT FOR SWITCHGEAR ROUTINE MAINTENANCE SERVICES FOR WATER & POLLUTION CONTROL COUNCIL ACTION FORM BACKGROUND: The Water Treatment Plant (WTP), Old High Service Pumping Station (Old HSPS), and the Water Pollution Control (WPC) Facility contain electrical switchgear, breakers, panels, and other associated electrical connections in order to distribute power to the equipment. Routine maintenance of the switchgear and associated electrical equipment is necessary to ensure safe and reliable operation. On January 15, 2024, an Invitation to Bid was issued to obtain switchgear routine maintenance services at the WTP, Old HSPS, and WPC facilities. The work includes the following key elements. De-energize the switchgear. At WPC, provide portable electrical generators to keep the recycle pumps operable. Perform visual and infrared inspection of switchgear components. Remove and store breakers. Remove feeder cables, clean terminations, and apply anti-oxidant coating. Examine bus splices and control wiring connections. Tighten as necessary. Inspect control relays and timing relays. Inspect and clean bus insulators. Replace any that are damaged or show signs of distress. Thoroughly vacuum and clean the interior of switchgear cabinets. Inspect and clean all breaker terminations and contacts. Reinstall all equipment and re-energize, returning equipment to original state. Note that the work is for a single, discrete inspection and maintenance event; this is not an ongoing maintenance agreement. In addition to the tasks above, work will include evaluating the need for future maintenance activities in accordance with a recently updated NFPA 70B standard which will require some aspects of this work to be performed annually in the future. The FY 2023/24 Adjusted Budget includes $107,510 for the Water Plant and Old HSPS locations and $97,000 for WPC, for total available funding of $204,510. On February 16, 2024, bids were opened for the project from four contractors. The bid summary is shown below. Bidder Total Project Base Bid Tri-City Electric Company $65,325 Ziegler Inc.$73,980 NAI Electrical Contractors $106,743 Baker Electric Inc.$150,377 Staff recommends awarding the contract to Tri-City Electric Company of Iowa as the lowest responsive, 68 responsible bidder in the amount of $65,325. Tri-City has successfully performed this type of work at the Water Pollution Control Facility in the past, and staff is comfortable with the quality and thoroughness of their prior work. ALTERNATIVES: 1. Accept the report of bids and award a contract for the Switchgear Routine Maintenance Services to Tri-City Electric Company of Iowa of Davenport, Iowa in the amount of $65,325. 2. Do not award a contract. CITY MANAGER'S RECOMMENDED ACTION: Routine cleaning and inspection of critical electrical components is essential to maintaining the safety and reliability of the City's water and wastewater treatment facilities. Staff prepared detailed specifications for these services and received competitive proposals from four bidders. Tri-City Electric Company of Iowa of Davenport, Iowa is the apparent low bidder and staff has been satisfied with the company's work in previous contracts. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 69 ITEM #:17 DATE:02-27-24 DEPT:Public Works SUBJECT:ACCEPTANCE OF 2021/22 ACCESSIBILITY ENHANCEMENT PROGRAM COUNCIL ACTION FORM BACKGROUND: The annual Accessibility Enhancement Program provides sidewalk and pedestrian ramp improvements along with additional accessibility upgrades meeting the Americans with Disabilities Act (ADA) requirements at intersections and other locations within the right-of-way. It can also include retrofitting existing signalized traffic control devices with audible and vibrotactile push buttons. On March 14, 2023, City Council awarded the 2021/22 Accessibility Enhancement Program project to Caliber Concrete, of Adair, Iowa in the amount of $179,758.01. The final balancing change order was approved in the deduct amount of ($18,008.20) to reflect finished measured quantities, bringing the final construction cost to $161,749.81. The revenues and expenses for this project are as follows: Revenues Expenses 2021/22 Accessibility Enhancement (RUT Portion) $72,267.00 Administration $25,000.00 2021/22 Accessibility Enhancement (LOST Portion) $87,000.00 Design $30,095.00 2020/21 Vet Med Trail Savings (LOST)$120,000.00 Pushbuttons & Poles $46,085.00 Construction $161,749.81 Total Revenue $279,267.00 Total Expenses $262,929.81 This project included pedestrian ramp improvements and push button upgrades at Duff Avenue & Main Street, Duff Avenue & 6th Street, Duff Avenue & 9th Street, Duff Avenue & 11th Street, and South Dakota Avenue & Mortensen Road. ALTERNATIVES: 1. Accept the 2021/22 Accessibility Enhancement Program project as completed by Caliber Concrete, of Adair, Iowa in the amount of $161,749.81. 2. Direct staff to pursue modifications to the project. CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 70 Certification Letter 2021-22 Accessibility Enhancement Program.pdf 71 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org February 22, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2021/22 Accessibility Enhancement Program project was completed in an acceptable manner by Caliber Concrete of Adair, Iowa, in the amount of $161,749.81 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, John C. Joiner, P.E. Public Works Director JCJ/lbc cc: City Clerk, Finance, Contractor, Administrative Services, Project File 72 ITEM #:18 DATE:02-27-24 DEPT:Elec SUBJECT:ACCEPTANCE OF ELECTRIC UTILITY EASEMENTS FROM IOWA STATE UNIVERSITY COUNCIL ACTION FORM BACKGROUND: The City's electric utility relies on easements from property owners to provide reliable electric service to the utility's customers throughout the community. Iowa State University is developing a mixed-use entertainment district called CY-Town, located between Jack Trice Stadium and the Iowa State Center facilities adjacent Lincoln Way. Most of the existing facilities within this area are retail customers of the City's electric utility. It is anticipated that the buildings and other developments that are constructed in the CY-Town project will also become retail customers of the City's electric utility. Due to the existing and anticipated demands for electricity in this area, and to ensure the level of reliability that the electric utility customers expect, it is planned that four separate electric distribution routes will serve this area. Two of the lines will connect to CY-Town from the Vet Med Substation, and two will connect from the Mortensen Road Substation. This redundancy provides for the area to be served even in the event of a fault or maintenance at either substation or on either of the lines connecting each substation to CY-Town. Several of the electric lines that will serve CY-Town are already in place, although portions of them that cross ISU property are not in recorded easements. Following discussions with ISU staff, easement documents have been prepared that address five specific locations. These five easements are located as follows (see attached map): East of University Blvd, between S. 4th Street and Vet Med Substation South side of S. 4th Street, between Beach Avenue and University Blvd Mortensen Rd, between State Avenue and Welch Avenue Vet Med Substation North side of US Highway 30, between University Blvd and Vet Med Substation The first four of the above easement does not reflect a relocation of the existing electric lines. The fifth easement along the north side of US Highway 30 is adjacent to an existing electric line that is situated in the DOT right-of-way. DOT has indicated that this line may not be modified to intensify its use. Therefore, relocation of the line onto ISU property is necessary. The proposed easements are attached. Staff from Iowa State University Facilities Planning & Management is supportive of the easements. Normally, Council action is not required to accept easements. However, ISU has requested that the City Council accept the easements prior to obtaining approval from the Board of Regents. The easements are on the Board of Regents agenda for the February 28, 2024. It is important to emphasize that one additional easement, near the Southwest Athletic Complex, 73 is still under discussion between City and ISU staff. Staff anticipates bringing that easement to Council at a later date. ALTERNATIVES: 1. Approve the attached Electric Utility Easements on State of Iowa property in order to provide normal and backup service to Cy-Town as well as other ISU electric load in the vicinity. It should be remembered that the easements will not become in effect until approved by the State Board of Regents. 2. Do not approve the Electric Utility Easements on State of Iowa property and direct Electric Services’ staff to find an alternate routes to provide service to Cy-Town. CITY MANAGER'S RECOMMENDED ACTION: The Cy-Town project has been designed to receive service from Ames Electric Services Department. Establishing these easements will enable the Electric Services Department to meet that commitment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2024-01-22.Easement_City of Ames_East of University_Proposed Final.pdf 2024-01-22.Easement_City of Ames_Mortensen_Proposed Final.pdf 2024-01-22.Easement_City of Ames_Vet Med Substation_Proposed Final.pdf 2024-01-22.First Amendment Easement for Electrical Lines_Proposed Final.pdf 2024-01-29.Easement _City of Ames_Highway 30_Proposed Final.pdf Easements from ISU - Feb 2024.pdf 74 Template B: City Equipment Already Installed (October 2023) Legal Description: See Exhibit A Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT EAST OF UNIVERSITY This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on February 29, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A. The State of Iowa holds title to certain real property located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa (“Property”). B. Grantee has installed electric distribution system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. TERMS 1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Map of Easement, which is attached as Exhibit B and made part of this Agreement, and legally described in Exhibit A (“Easement Area”). 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components for an overhead electrical line (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement 75 2 Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 6. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement or terminate this Agreement and execute a new agreement to identify the new easement area. 9. Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. 76 3 Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 10. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 77 4 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 78 EXHIBIT ‘A’ – EASEMENT LEGAL DESCRIPTIONS Page 1/3 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF PARCEL 'X' LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT WIDE EASEMENT, BEING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHICH FOLLOWS THE EXISTING POLES, COMMENCING AT THE CENTER OF SAID SECTION 10, T83N, R24W, THENCE N89° 50' 03" E 28.12 FEET ALONG THE NORTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING, THENCE S 00° 21' 42" E 1,988.25 FEET TO THE SOUTH LINE OF PARCEL 'X'. SIDELINES WILL BE EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTHERLY AND NORTHERLY LINES OF PARCEL 'X'. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 – Area North of S. 16th Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 'X' IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE S 89°50'30” E, 29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25” E, 267.21 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 2/3 - South 16th Street Right-of-Way ELECTRICAL EASEMENT DESCRIPTION SOUTH 16TH STREET RIGHT-OF-WAY: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE N 00°09'42” W, 43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET RIGHT-OF-WAY; THENCE N 00°20'49" W, 97.04 FEET TO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF- WAY LINE OF SOUTH 16TH STREET OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. 79 Page 2/3 - Area South of S. 16th Street ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°17'44” E, 250.55 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. Page 3/3 – Area north of RR ROW ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE NORTHEAST 1/4 OF SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 15; THENCE N 89°40'31" E, 26.98 FEET ALONG THE NORTH LINE OF SAID SECTION 15 TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°00'06" E, 751.81 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH LINE OF THE ABANDONED RAILROAD RIGHT-OF-WAY, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE ABANDONED RAILROAD RIGHT-OF-WAY. BEARINGS SHOWN ARE GRID, IOWA STATE PLANES, NORTH ZONE, US SURVEY FOOT. 80 81 OE OE OE OE OE OE OE OE OE OE OE S 1/4 COR. SEC 10, T83N, R24W FOUND MAGNAIL S 85°03'09" E 29.34' S 16TH STREET PA R C E L I D : 0 9 1 0 4 5 0 3 0 0 PA R C E L I D : 0 9 1 0 4 5 0 0 1 0 S 89°50'30" E 29.27' POINT OF COMMENCEMENT INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. POINT OF BEGINNING PARCEL 'X' POINT OF COMMENCEMENT SOUTHWEST CORNER OF PARCEL 'X' OF SECTION 10-83-24 10' ELECTRICAL EASEMENT 10' ELECTRICAL EASEMENT POINT OF BEGINNING S 00°19'25" E 267.21' NORTH R.O.W. OF SOUTH 16TH ST. SOUTH R.O.W. OF SOUTH 16TH ST. SOUTH LINE SE 1/4 SEC 10-83-24 S 00°17'44" E 250.55' N 00°20'49" W 97.04' N 00°09'42" W 43.52' S 00°19'30" E 264.82' 70' 70' N 85°09'44" W 25.17' © Bo l t o n & M e n k , I n c . 2 0 1 8 , A l l R i g h t s R e s e r v e d JOB NUMBER: A15.120487 R 1519 BALTIMORE DRIVE AMES, IOWA 50010 (515) 233-6100 INDEX LEGEND LOCATION SW COR OF THE SW 1/4 OF THE SE 1/4 SECTION 10, T-83-N, R-24-W STORY COUNTY, IOWA REQUESTOR:CITY OF AMES PROPRIETOR:STATE OF IOWA SURVEYOR:EUGENE DREYER, P.L.S. # 17535 SURVEYOR COMPANY:BOLTON & MENK, INC. RETURN TO:EUGENE DREYER, BOLTON & MENK, INC. 1519 BALTIMORE DRIVE, AMES, IA 50010 (515)-233-6100 AMES, STORY COUNTY TWO PARCELS, LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SEC 10, T-83-N R-24-W MAP OF EASEMENT JANUARY 2024 R SHEET OF 3 2 ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING NORTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 'X' IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE S 89°50'30” E, 29.27 FEET ALONG THE SOUTH LINE OF SAID PARCEL 'X' TO THE POINT OF BEGINNING AT THE CENTERLINE OF THE EXISTING POWER POLES; THENCE S 00°19'25” E, 267.21 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET. FOR RECORDER USE ONLY MAP OF EASEMENT PART OF THE SW 1/4 OF THE SE 1/4 OF SEC 10, T-83-N, R-24-W, AMES, STORY COUNTY, IOWA LEGEND: FOUND SECTION CORNER H:\AMES\A15120487\CAD\C3D\OLD FILES\120487_V_BASE_E1 FOR GENE 1.DWG 1/12/2024 7:55 AM FEETSCALE 0 40 80 HORZ. ELECTRIC UNDERGROUND FIBER UNDERGROUND OVERHEAD ELECTRIC E F OE UTILITY POLE ELECTRICAL EASEMENT THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY AND ALSO LYING SOUTH OF SOUTH 16TH STREET RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE S 00°17'44” E, 250.55 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10. EASEMENT ELECTRICAL EASEMENT - S. 16TH STREET RIGHT-OF-WAY THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-83-24 LYING WEST OF THE ABANDONED RAILROAD RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10 AND THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET; THENCE S 85°09'44” E, 25.17 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET TO THE POINT OF BEGINNING AT THE CENTERLINE OF EXISTING POWER POLES; THENCE N 00°09'42” W, 43.52 FEET ALONG THE CENTERLINE OF EXISTING POWER POLES TO AN EXISTING POWER POLE WITHIN THE SOUTH 16TH STREET RIGHT-OF-WAY; THENCE N 00°20'49" W, 97.04 FEET TO THE NORTH LINE OF THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET WITH SIDELINES BEING EXTENDED OR SUBTENDED TO TERMINATE AT THE NORTH RIGHT-OF-WAY LINE OF SOUTH 16TH STREET OF SAID SECTION 10. NOTE: BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, US SURVEY FOOT. 82 83 Template B: City Equipment Already Installed (October 2023) Legal Description: See pages 5-6 Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT MORTENSEN ROAD This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on February 29, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A. The State of Iowa holds title to certain real property located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa (“Property”). B. Grantee has installed electric distribution system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. TERMS 1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Plat of Easement, which is attached as Exhibit A and made part of this Agreement, and legally described in Exhibit A (“Easement Area”). 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components for overhead and underground electrical lines (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 84 2 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 5. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 6. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement or terminate this Agreement and execute a new agreement to identify the new easement area. 9. Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s 85 3 use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 10. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 86 4 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 87 EXHIBIT ‘A’ – EASEMENT LEGAL DESCRIPTIONS Easement Description - 10' Underground Electric Line Easement: A strip of land 10.00 feet in width across part of the South Half of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 226.82 feet along the south line of said Northwest Quarter of the Southwest Quarter to the point of beginning; thence N34°03'15"W, 23.62 feet; thence N26°51'37"W, 25.72 feet to the south line of an existing electric easement, and there terminating, containing 493.32 s.f. Survey Description - 10' Overhead Electric Line Easement: A strip of land 10.00 feet in width across part of the South Half of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 111.85 feet along the south line of said Northwest Quarter of the Southwest Quarter; thence N00°20'01"E, 48.37 feet to the southeasterly right of way line of State Street and the point of beginning; thence S89°01'29"E, 12.55 feet to a point marked "A"; thence continuing S89°01'29"E, 335.32 feet; thence S88°40'52"E, 152.42 feet; thence S86°32'43"E, 204.08 feet; thence N89°54'10"E, 196.01 feet; thence S88°51'18"E, 351.87 feet; thence S89°28'51"E, 384.30 feet; thence N89°59'37"E, 199.84 feet; thence S89°27'22"E, 154.53 feet to a point marked “B”; thence S89°27'22"E, 426.98 feet; thence S89°08'38"E, 140.61 feet to a point marked “C”; thence N84°59'08"E, 49.88 feet, and there terminating; AND beginning at point “A”; thence N00°04'17”E, 45.13 feet, and there terminating; AND beginning at point "A"; thence S00°04'17"W, 48.23 feet to the south line of said Northwest Quarter of the Southwest Quarter, and there terminating; AND beginning at point “B”; thence N00°33'20”E, 25.14 feet, and there terminating; AND beginning at point “C”; thence N00°29'59”E, 35.48 feet, and there terminating, all together containing 27422.62 s.f. Easement Description - 14' Underground Electric Line Easement: A strip of land 14.00 feet in width across part of the South Half of Section 9, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 7.00 feet on each side of the following centerline: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 9; thence S89°39'59"E, 324.31 feet along the south line of said Northwest Quarter of the Southwest Quarter; thence N02°15'40"E, 26.84 feet; thence N08°11'04"E, 14.26 feet to the south line of an existing electric easement, and there terminating, containing 575.49 s.f. 88 89 Template B: City Equipment Already Installed (October 2023) Legal Description: See pages 5-6 Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT VET MED SUBSTATION This Electric Distribution Utility Easement Agreement (“Agreement”) is entered into on February 29, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A. The State of Iowa holds title to certain real property located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa (“Property”). B. Grantee has installed electric distribution system components on the Property. Grantor supports the components remaining on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. TERMS 1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Map of Easement, which is attached as Exhibit A and made part of this Agreement, and legally described in Exhibit A (“Easement Area”). 2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining, and repairing electric distribution system components for an electrical substation (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement 90 2 Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. Grantee shall not move any fencing around the substation without the permission of Grantor, which will not be delayed or unreasonably withheld. 5. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 6. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 8. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement or terminate this Agreement and execute a new agreement to identify the new easement area. 9. Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s 91 3 use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 10. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 92 4 Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 93 EXHIBIT ‘A’ ELECTRICAL EASEMENT DESCRIPTION: PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HWY #30 AND THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15, THENCE SOUTH 84° 48' 18" WEST, A DISTANCE OF 200.30 FEET ALONG THE NORTH LINE OF THE HIGHWAY #30 RIGHT-OF-WAY; THENCE NORTH 05° 06' 57" WEST, A DISTANCE OF 30.17 FEET; THENCE SOUTH 84° 55' 38" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05° 19' 17" WEST, A DISTANCE OF 117.80 FEET; THENCE NORTH 84° 40' 48" EAST, A DISTANCE OF 20.00 FEET; THENCE NORTH 05° 19' 12" WEST, A DISTANCE OF 18.16 FEET; THENCE NORTH 84° 52' 28" EAST, A DISTANCE OF 34.50 FEET; THENCE NORTH 00° 35' 18" WEST, A DISTANCE OF 48.25 FEET; THENCE NORTH 88° 52' 07" EAST, A DISTANCE OF 150.97 FEET; THENCE NORTH 00° 43' 16" EAST, A DISTANCE OF 76.43 FEET; THENCE SOUTH 89° 56' 20" EAST, A DISTANCE OF 29.30 FEET TO THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 ; THENCE SOUTH 00° 03' 30" WEST, A DISTANCE OF 278.08 FEET ALONG THE EAST LINE OF THE NW 1/4 OF SAID SECTION 15 TO THE POINT OF BEGINNING. BEARINGS SHOWN ARE GRID, IOWA STATE PLANE, NORTH ZONE, SURVEY FOOT 94 95 Legal Description: See Pages 3 and 6-9 Return document to: 3550 Beardshear Hall, Iowa State University, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 FIRST AMENDMENT TO EASEMENT FOR ELECTRICAL LINES JACK TRICE WAY This First Amendment to Easement for Electrical Lines is entered into on February 29, 2024, by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). 1.Grantor holds title to the following real property located in Story County, Iowa: Northwest ¼ of Section 10, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa (“Property”). 2.On June 30, 1969, Grantor and Grantee entered into an Easement for Electrical Lines in which Grantor granted Grantee an easement to construct electrical lines across a portion of the Property. A copy of said easement is attached hereto as Exhibit A. 3.Grantor and Grantee agree to modify the Easement for Electrical Lines by adding the additional easement areas depicted in the Easement Plat attached hereto as Exhibit B. 4.Except as specifically modified in this First Amendment to Easement for Electrical Lines, the remaining provisions of the Easement for Electrical Lines remain in full force and effect. Signature page follows on next page 96 SIGNATURE PAGE Grantor and Grantee execute this First Amendment to Easement for Electrical Lines by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on , 2024, by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on , 2024, by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on , 2024, by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires: ______________________ 97 EXHIBIT A 98 99 100 101 EXHIBIT B 102 SHEET OF 2727 S.W. SNYDER BLVD. ANKENY, IA 50023 (515) 964-2020 V:\RefLibrary\CADDStandards\WorkSpace\Standards\Printing\Pen_Tables\date.tbl V8iBWHalfWeightPDF.pltcfg 0030_EXFT adavenport 2/1/2022 V:\Projects\2021\121.0853.01\CADD\1210853_EsmtExhibit.dgn PN: DATE: PM/TECH: FLD BK:PG: SOUTH 4TH ST. EASEMENT AMMENDMENT 1210853 SHEET NAME 2 2 EASEMENT PLAT 0 SCALE (FEET) 300 S. 4th St. SOU THLINE NW 1/4 SEC 10 -83 -24 1252A 1 02/01/2022 EJM/AJD EASEMENT PLAT 0.25 AC (11,100 S.F.) 190.00' 0.01 AC (483 S.F.) EASEMENT AREA (a) EASEMENT AREA (b) CESS NA ST.BEACH AVE UNIVERSITY AVE 210.00' DATED MAY 20, 1969 EXSITING 30 'ELECTRIC UTILITY EASEMENT 2013-00014487 INSTRUMENT NUMBER CORNER CERTIFICATE FND 1/2" SMOOTH BAR SECTION 10-83-24 NW COR, SW1/4, NE1/4 2013-00014488 INSTRUMENT NUMBER CORNER CERTIFICATE FND SPIKE CTR SECTION 10-83-24 2021-13163 INSTRUMENT NUMBER FND CUT "X" SECTION 10-83-24 NW COR 2021-13162 INSTRUMENT NUMBER SET CUT "X" SECTION 10-83-24 W 1/4 COR L1L2 L3 L4 L5 L5 L4 L3 L2 L1 LINE DIMENSIONS 0.09 AC (4,000 S.F.) EASEMENT AREA (c) BEGINNING (c) POINT OF BEGINNING (b) POINT OF BEGINNING (a) POINT OF 103 Template A: City Equipment To Be Installed (October 2023) Legal Description: See pages 6-8 Return document to: Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011 Document prepared by: Paula DeAngelo, Office of General Counsel, Iowa State University, 3550 Beardshear Hall, 515 Morrill Road, Ames, Iowa 50011, 515-294-5352 IOWA STATE UNIVERSITY – CITY OF AMES ELECTRIC TRANSMISSION AND DISTRIBUTION UTILITY EASEMENT AGREEMENT HIGHWAY 30 This Electric Transmission and Distribution Utility Easement Agreement (“Agreement”) is entered into on February 29, 2024 (“Effective Date”) by the Board of Regents, State of Iowa for the use and benefit of Iowa State University of Science and Technology (“Grantor”) and the City of Ames, Iowa (“Grantee”). A. The State of Iowa holds title to certain real property located in Story County, Iowa for the use and benefit of Iowa State University of Science and Technology under the jurisdiction of the Board of Regents, State of Iowa (“Property”). B. Grantee desires to install electric transmission and distribution system components on the Property. Grantor supports Grantee installing the components on the Property and is willing to grant Grantee an easement across the Property in accordance with the terms of this Agreement. TERMS 1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement, Grantor grants Grantee an easement that shall be located upon and limited to the area depicted in the Plat of Easement, which is attached as Exhibit A and made part of this Agreement, and legally described in Exhibit A (“Easement Area”). 2. Use. Grantee shall use the Easement Area for the purpose of constructing, installing, operating, using, maintaining, and repairing electric transmission and distribution system components for overhead electrical lines (“Grantee Components”) to provide electrical services to Grantor and others. Grantee must obtain Grantor’s prior written approval for any other use of the Easement Area. 104 2 3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement Area shall be over reasonable routes designated by Grantor. When using the Easement Area, Grantee shall minimize disruption to Grantor’s operations on the Property and on adjacent Grantor property. 4. Construction Requirements. a. Construction Coordination. Grantor and Grantee shall coordinate prior to and during the construction of the Grantee Components. Grantor and Grantee shall each designate at least one representative to serve as its liaison to the other party regarding the construction. b. Construction Plans. Grantee shall submit to Grantor for Grantor’s approval a copy of Grantee’s plans for construction. Grantor’s approval shall not be unreasonably withheld or delayed. Grantee shall ensure that construction is performed in accordance with the approved plans. c. Construction Dates. Grantor and Grantee shall mutually agree on the dates during which the construction activities may occur to diminish any adverse impact on Grantor’s activities on the Property. d. Construction Location. Grantee shall set forth in the construction plans what areas of the Property or other Grantor owned property Grantee will need to use in support of its construction of the Grantee Components. Grantee shall only use those areas set forth in the approved construction plans. Grantee’s use of any other areas of Grantor’s property requires Grantor’s prior written consent. e. Utilities Crossings; Permission from Easement Holder. All crossings of existing sewers, water lines, tile lines, electric lines, telecommunication lines, conduit, or other existing facilities shall be made in cooperation with and subject to the specifications of the engineer or other official of Grantor in charge of such installations. Grantor and Grantee shall cooperate to locate the Easement Area in a manner that minimizes conflicts with any pre-existing easements granted by Grantor. If the Easement Area crosses an easement previously granted by Grantor to a utility provider or other entity, prior to engaging in any construction activities in the Easement Area, and with the assistance of the Grantor, Grantee shall obtain from the easement holder its written consent to the easement granted to Grantee pursuant to this Agreement and submit to Grantor a copy of the written consent. Grantee shall abide by any restrictions imposed by the pre-existing easement holder as a condition of its consent. f. Restoration: Grantee shall set forth in the construction plans Grantee’s plans (if any) for restoring the Property and other Grantor property that Grantee uses in connection with the construction of the Grantee Components once construction is completed. Grantee shall ensure that the restoration is in accordance with the approved plans. 5. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely responsible for maintaining and repairing the Grantee Components. 105 3 6. Liability. a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage caused by Grantee to the Easement Area, Property, or other real or personal property of Grantor. At Grantor’s request, Grantee shall repair or replace the property damaged by Grantee, reimburse Grantor for reasonable, documented expenses incurred by Grantor to repair or replace the property damaged by Grantee, or compensate Grantor for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the parties shall mutually agree upon the most cost-effective and timely manner to fully repair the damage caused by Grantee. b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and other applicable law, Grantee shall indemnify and hold harmless Iowa State University of Science and Technology, the Board of Regents – State of Iowa, the State of Iowa and their respective officers, employees and agents harmless from any claims, liabilities, damages, fines, and expenses arising from the Grantee Components, use of the Easement Area by Grantee, or from any tort (as defined in Chapter 670 of the Iowa Code) arising from the acts or omissions of Grantee or its officers or employees. c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for liabilities that may arise from its activities set forth in this Agreement. d. Liens. The Property shall not be subjected to liens of any nature by reason of Grantee’s activities, including, but not limited to, mechanic’s and materialman’s liens. Grantee has no power, right, or authority to subject the Property to any mechanic’s or materialman’s lien or claim of lien. 7. Consideration. Grantee’s use of the Grantee Components to provide electrical services to Grantor is the consideration for Grantor’s grant of this easement to Grantee. 8. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere with Grantee's rights granted in this Agreement. 9. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee shall then confer and establish a relocation plan that minimizes disruptions to Grantee’s electrical system and Grantor’s future land use and minimizes relocation costs. Grantor shall reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to upgrade Grantee Components in connection with the relocation, Grantee shall be responsible for the cost of the upgraded Grantee Components unless Grantor and Grantee agree otherwise. Grantor and Grantee shall amend this Agreement, or terminate this Agreement and execute a new agreement, to identify the new easement area. 10. Duration. This easement is granted, and all rights set forth in this Agreement shall endure, so long as Grantee continues to use the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee’s use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor. Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee Components from the Easement Area at Grantee’s sole expense. 106 4 11. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned in whole or part to any other party without written consent of Grantor. Signature page follows on the next page 107 5 Grantor and Grantee execute this Electric Transmission and Distribution Utility Easement Agreement by their lawfully designated officials as of the date first written above. BOARD OF REGENTS, STATE OF IOWA By ______________________________ Mark Braun Executive Director STATE OF IOWA, COUNTY OF POLK, SS.: This instrument was acknowledged before me on by Mark Braun as Executive Director of the Board of Regents, State of Iowa. __________________________________________ Notary Public My Commission expires: _____________________ CITY OF AMES, IOWA Passed and approved on by Resolution No. , adopted by the City Council of Ames, Iowa. Attest: By: Renee Hall, City Clerk John A. Haila, Mayor STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on by Renee Hall and John A. Haila, as City Clerk and Mayor, respectively, of the City of Ames, Iowa. __________________________________________ Notary Public My commission expires:______________________ 108 EXHIBIT ‘A’ - EASEMENT LEGAL DESCRIPTIONS Page 1 of 2 ELECTRICAL EASEMENT DESCRIPTION - SE 1/4 - NW 1/4: THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY #30 IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET THEREOF. ELECTRICAL EASEMENT DESCRIPTION - NW 1/4 - NW 1/4: THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 15 FEET OF THE SOUTHERLY 521 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. Page 2 of 2 ELECTRICAL EASEMENT DESCRIPTION: THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 LYING NORTH OF HIGHWAY #30 AND LYING EAST OF UNIVERSITY BOULEVARD IN SECTION 15-83-24, WEST OF THE 5TH PM, CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 30 FEET; AND ALSO THE SOUTHWESTERLY 15 FEET THEREOF. NOTE: BEARINGS SHOWN HEREON ARE GRID IOWA STATE PLANES, NORTH ZONE, SURVEY FOOT. 109 110 111 Easements From ISU MEI 2/22/24 517 816 437 814 2111 1043 2030 503 513 919 2002 2310 1512 2810 108 111 2012 413 504 2108 603 2108 3200 621 444 2230 2550 601 2042 419 425 1950 2154 2160 515 604 1502 612 2108 1046 415 1013 509 702 1309 535 920 801 2106 2018 1500 1400 2210 2114 2205 Timberland Rd rear 2130 2136 1318 2123 2046 2030 2342 2222 2317 2230 2210 2121 2912 435 2308 2616 414 2198 1506 2010 2109 2176 2010 2025 828 605 505 2123 2325 611 601 2116 2517 522 427 115 2100 2221 1518 602 2037 507 2015 519 2132 114 429 2105 2217 2215 2213 2211 2218 925 634 2136 23272331 703 2060 1900 2243 711 1798 2128 512 2121 1306 2111 508 2111 1830 2016 1026 2133 2103 430 2218 2117 2602 412 2226 535 2007 105 1416 833 2106 2324 2331 502-04 2021 2328 409 1202 117 427 2635 1508 607 2000 804 2108 822 900 2602 Meadow Glen Rd rear 2519 2116 2131 425 2110 507 2021 2028 524 2319 601 2118 2332 518 2297 Hamilton Dr 1499 112 2225 2223 2221 2219 2004 620 2039 1799 Christensen Dr 612 2125 632 503 2114 711 1898 2000 University Blvd 2011 519 2054 2140 1536 2022 2001-03 2249 701 428 2117 502 508 936 2109 1407 2015 1020 817 2224 1500 2107 1410 2499 607 517 436 2720 1404 2335 2012 2018 2225 916 425 2304 2322 939 1898 2728 2113 2009 2014 106 424 1040 512 606 2114 2318 1535 2039 621 2300 521 413 2115 2109 415 2150 514 2031 2315 2030 618 1400 (rear) 1514 615 2110 118 516 2014 1020 2323 428 517 2159 2124 2003 606 2104 528 2109 422 2026 1501 2231 2021 1033 2187 2321 915 521 2217 2218 1207 2019 711 1209 522 2236 2111 2114 2028 503 2033 510 2322 2329 609 1500 2227 523 2025 538 418 2144 2113 1520 2009 2115-17 619 2103 116 512 2105 2222 2138 933 1014 520 602 2015 530 2337 620 2116 1599 516 2237 2127 2108 2034 1835 2129 1034 2160 434 2029 2003 101 2521 2011 2221 2232 834 715 413 2332 635 2615 1201 2520 2322 2013 1025 2334 507 810 419 2706 2004 810 603 1801 2206 2022 1500 517 2009 109 2124 2590 1526 2107 2732 1300 2215 2110 1305 2119 2027 2317 1036 110 518 2019 2236 429 Alumni Ln 2126 2157 618 506-08 2027 2166 611 2137 2003 616 2699 1504 930 1517 531 2137 2016 1301 422 707 2198 410-12 2118 2152 903 2121 530 2107 2132 2340 633 2727 418 2313432431 2020 2219 2820 2100 2004-06 2012 2630 2242 2312 422 2016 2509 2318 919 2212 2703 1101 611 2400 1530 2033 602 2124 421 2115 2130 615 2102 607 2117 601 428 2724 113 2217 522 620 2025 1422 2200 1028 503 1516 510 2022 2167 2131 2313 2026 2006 1525 714 2112 2115 2341 2143 2102 430 711 120 1215 2419 420 2022 2004 2181 2115 531 909 2327 2214 2314 2116 107 613 2103 2004 525 2326-282334 426 2225 827 1214 2215 2114 509 2625 119 2231 1510 925 2104 532 513 2020 421 2692 2118 513 1498 412 2110 2328 2104 2188 2001 2119 507 2048 425 619 2224 624 3201 1955 2143 608 2115 2019 1800 1522 524 2035 1005 525 415 1315 504 2006 2028 2214 1006 428 2133 805 2007 1899 2117 811 1325 2233 2231 2229 2227 1111 1019 2003 2229 103 2220 1312 2215 714 416 910 623 2619 2318 S Riverside DrIronwood Ct MortensenPkwy Ash Ave Cessna St Kildee St State Ave US Highway 30 S 16th St University Blvd Mortensen R d Welch Ave S 4th St Baker St Greenbriar Cir S Riverside Dr University Blvd Ash Ave Meadow Glen North Hayward Ave Ash Ave Access To Vet Med Hayward Ave Access To Iowa State Center Blueberry Ct Stanton Ave Lynn Ave US Highway 30 Mortensen Pkwy Little St Ironwood Ln Ash Ave Country Club Blvd Access To Iowa State Center State Ave Access To Vet Med Graeber St LittleBluestem Ct Access To Iowa State Center Gaskill Dr Mortensen Pkwy Lynn Ave Peach Ln Meadow Glen Rd Meadow Glen Rd Hughes Ave Beach Ave BigBluestemCt Kildee St S 16th St Ashmore Dr US Highway 30 Coneflower Ct Country Club Blvd Ashmore Ct Hayward Ave Hamilton Dr IndiangrassCt Blackberry Ct Gaskill Dr Pearson Ave Stanton Ave Agg Ave Storm St Friley Rd Ironwood Ct Beach Ave Alumni Ln Christensen Dr Kildee St University Blvd Mccarthy R d Storm St State Ave Beach Ave Cessna St Welch Ave Beach Ave University Blvd Jack Trice Way Beach Ave Gaskill Dr Ashmore Dr Gateway Hills Park Dr Country Club Blvd Ashmore Cir Donald St Strawberry Ln Ashmore Dr Welch Ave NO SCALE¯ MORTENSEN RDEASEMENT E. OF UNIVERSITYEASEMENT VET MED SUBSTATIONEASEMENT S. 4TH STREETEASEMENT AMENDMENT HIGHWAY 30EASEMENT 112 ITEM #:19 DATE:02-27-24 DEPT:P&H SUBJECT:RESOLUTION APPROVING RELEASE OF CONTRACT AND LIEN FOR PROPERTY LOCATED AT 1426 STAFFORD AVENUE IN CONNECTION WITH THE CITY’S PHASE IV MORTGAGE BUY-DOWN AFFORDABLE HOUSING PROGRAM. COUNCIL ACTION FORM BACKGROUND: In 1996, the City began offering Phase IV of the Mortgage Buy-down Affordable Housing Program to help low and moderate-income first-time homebuyers purchase and rehabilitate existing single-family homes. City Local Option Tax funds, along with HOME grant funds from the Iowa Department of Economic Development and HAF grant funds from the Iowa Finance Authority (IFA), were used to assist first-time homebuyers with down payment and closing costs assistance. The maximum purchase price limit for the program was $90,630. In 1997, Gail Shook participated in this program to receive assistance for the purchase of a property at 1426 Stafford Avenue. The property was purchased for $72,900. Ms. Shook received financial assistance through the program in the amount of $16,360. To receive the financial assistance, Ms. Shook signed a Contract & Lien agreement with the City that required an immediate payback of 100% of the no-interest, 30-year loan if the property was sold, rented, and/or unoccupied before the 30-year period ended. Ms. Shook has sold her property at 1426 Stafford Avenue before the thirty- (30) year period has ended, and therefore must repay the City of Ames an amount as described above. The property sold for $150,000. The City has received a check from Ms. Shook in the amount of $16,360. These funds will be deposited in the City-wide Affordable Housing Program. Council action is now being requested to release the contract and lien on the property. ALTERNATIVES: 1. Authorize the release of the Contract and Lien for the property located at 1426 Stafford Avenue in connection with the City’s Phase IV Mortgage Buy-down Affordable Housing Program. 2. Do not authorize the release of the Contract and Lien for the property located at 1426 Stafford Avenue in connection with the City's Phase IV Mortgage Buy-down Affordable Housing Program. CITY MANAGER'S RECOMMENDED ACTION: The City has several past down payment and closing cost assistance programs that require repayments of assistance provided if the property is sold or rented during a specified timeframe. This assistance was provided under the City's 1996 Phase IV Affordable Housing Program. The payback to the City is consistent with the terms of the original agreement, and it would be appropriate now to release the lien on the property. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative #1, as noted above. 113 ATTACHMENT(S): Release (Shook).pdf 114 Release of Contract & Lien (Affordable Housing) KNOW ALL PERSONS: The City of Ames, does hereby acknowledge and certify: (1) The “Contract and Lien” originally given by Gail A. Shook to the City under date of August 22, 1997, and filed in the office on the Recorder of Story County, Iowa, on August 27, 1997, and recorded as Instrument No. 97-09213, including any rerecorded versions, amendments, or assignments thereof, if any, is fully paid, satisfied, and forever discharged; (2) the City does hereby release the lien upon the Real Property; and (3) the City, acting through the undersigned, has good and lawful authority to execute and deliver this instrument. In Witness Whereof the undersigned has executed this instrument on the _____ day of _______________, 2024. CITY OF AMES, IOWA e JOHN A. HAILA RENEE HALL STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on the _____ day of _______________, 2024, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. NOTARY PUBLIC S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E Return document to: City Clerk, 515 Clark Avenue, Ames IA 50010 Document prepared by: Victoria A. Feilmeyer. City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010 – 515-239-5146 115 ITEM #:20 DEPT: February 27, 2024 Staff Report AEDC SHORT TERM HOUSING TASK FORCE REQUEST FOR RESIDENTIAL PROPERTY TAX ABATEMENT FOR NEW CONSTRUCTION BACKGROUND: City Council first reviewed a request from the Ames Economic Development Authority (AEDC) Short Term Housing Task Force to address housing impediments and needs of the community on December 1 2. The original request and staff report addressed a broad range of issues related to variety of housing types, lower priced housing, impediments to development, and incentives for development. City Council discussed a number of aspects of the request, but took no specific action at the December meeting. At the conclusion of the discussion, City staff indicated they would seek further input and assess development impediments and tax abatement options for City Council to consider at a later meeting. Subsequently, the Task Force provided a follow up letter to staff focusing on specific issues of development impediments related to: 1) zoning, subdivisions, and conservation subdivisions, 2) pioneer infrastructure costs, and 3) the tax abatement incentives (Attachment A- January 23 Task Force Letter). At this time, staff is bringing forward only the Tax Abatement request. City Council is being asked to provide direction regarding whether there is a desire to establish a program, and then consider the details regarding how it would be applied. While additional input regarding development issues has been received, staff intends to return with more information regarding development standards at a March meeting along with more information about an updated infrastructure oversizing and pioneer infrastructure policy. Staff hopes to conclude the discussion regarding these issues in March to allow time to adopt new polices and standards this spring, which would allow developers to respond with new projects still this year. At the December meeting, the City Council reviewed staff's proposed a 5-year sliding scale property tax abatement plan prioritizing single-family detached and attached housing. Staff recommended a two-year window from time of approval of development to initiate construction of housing in order to be eligible for the incentive. Staff also identified potential eligibility criteria related to other Council goals that could be applied to projects. Criteria could include topics such as specific price points of housing, housing types, green building requirements, minimum number of housing units required to be built, and ownership vs. rental. However, these additional eligibility criteria are optional for City Council. Staff proposed a 5-year abatement schedule with a 100%, 80%, 60%, 40%, 20% sliding scale for 100% of the value of a new residential home, not including apartments. Staff noted that although use of residential tax abatement is not an uncommon tool in Iowa, tax abatement alone did not correlate to housing development in the fast-growing suburbs. Waukee, West Des Moines, and Ankeny--three prime examples of rapid growth--do not offer property tax abatement for housing. Examples of tax abatement programs in effect in other communities are shown below: 116 Gilbert- 5-year sliding scale starting at 50% year 1 Pleasant Hill-5-year sliding starting at 75% year 1 Altoona- 5-year, first $75,000 Norwalk-5-year, first $75,000 Carlisle-5-year 100% Indianola- 5-year sliding scale starting at 100% Oskaloosa-5-year sliding scale starting at 80% year 1 Van Meter- 5- year sliding scale starting at 100% Perry-10 year sliding scale starting at 100% Des Moines: Multiple programs by building types and areas. Single Family 100% up to six years, partial after // Single-Family 7 years 100%, partial after, with increased insulation and vehicle charging capabilities The Task Force's January letter stated a desire for a tax abatement program for all residential building types, a program duration of 5-7 years, either the 5-year sliding scale or 3-year 100% abatement schedule, inclusion of homes built since January 2023 (i.e., vacant speculative homes), and no other eligibility criteria. In addition to the Task Force letter, staff has been in discussion with the managing partner of the development group for Hayden's Preserve (formerly Rose Prairie) about development impediments for that specific site. In addition to a number of site-specific development limitations and infrastructure costs that staff is still reviewing, the Hayden's Preserve developer advocated for a city-wide 7-year 100% abatement policy modeled after a now cancelled Adel, Iowa program. The developer believes this abatement policy is necessary to attract the attention of wider pool of developers to Ames. URBAN REVITALIZATION AREAS: To allow for partial property tax abatement, the City must first establish an Urban Revitalization Area (URA) consistent with Iowa Code Chapter 404 criteria for support of new residential development. This URA could be either city-wide or on project-specific basis. Iowa Code allows a city to follow predetermined abatement options defined in statute or to create unique abatement schedules that do not have a greater value than those authorized within Iowa Code Chapter 404. One important standard for property tax abatement is that properties that are "qualified real estate" and and of a like classification are treated the same. Additionally, once a property has been determined to be qualified real estate (i.e., constructed while the URA is in place), the incentive cannot be eliminated. Staff believes that the current State law will not allow for City Council to find homes completed in 2023 to be eligible for abatement, as they would have been improved before the creation of the URA. Staff believes that only homes completed in 2024 or later will be considered "qualified real estate" for abatement in accordance with the Assessor's establishment of values for new improvements (full or partial) as required under state law. A city-wide program would be uniformly applied across the city with no unique subdivision specific requirements. However, the notification process to create a city-wide program could be onerous with the requirement to send mailed notice to each property owner in the City. Creating URAs on a project- by-project basis would require multiple plans, but would include fewer overall properties and be development-specific. Whether a URA is city-wide or project-specific, the City is allowed to define the criteria for qualified real estate and may create multiple programs of abatement that could apply to a project, of which the property owner would then pick which program to comply with and receive abatement. Des Moines is an example of a community that uses a multi-prong approach to 117 provide a base incentive for residential development and then has an alternative schedule that extends the abatement in return for including additional insulation and car charging capabilities. ISSUES NEEDING CITY COUNCIL DIRECTION: Staff believes the following issues require direction from City Council in order to move forward with a Residential Property Tax Abatement Program. The first three issues will require direction from the Council, while the last two issues are optional for the Council to consider. Housing Type: Owner or Rental or Both The Task Force is requesting tax abatement eligibility for all building types, whether owner- or renter- occupied. Staff recommended support in December for non-apartment development, prioritizing single family detached and attached. The rationale for staff's position was to support the Ames Plan 2040 Housing and Neighborhood Element policy to encourage an increase in the percentage of owner- occupied households in the City. Currently, the City has approximately 60% renter households and 40% ownership households. Staff believes the impediment to rental development is primarily the availability of land compared to competing with housing options in other communities. In addition, staff does not believe that abatement which goes to the property owner would correspond to any reductions in rents to the tenants, unless there is a deed-restricted affordable housing project that was required to rent to qualified low income households. Abatement Schedule and Percent Abated The value of the incentive is set upon completion of the new home. For example, a home that has an improvement value of $500,000 would have this amount abated. However, if the home increases in value during the abatement schedule, the owner will pay property taxes on the additional value. The schedule determines the percentage of value abated with a defined timeframe. The Task Force is requesting that a choice be given for either a 3-year 100% or 5-year sliding scale. While the total value of City taxes abated is the same, the City receives no revenue in year 2 or 3 of the three-year option. In comparison, the City starts to collect some tax revenues in those years under the five-year option, although there will be two additional years of partial abatement. Given the recent cap placed on the growth of the City's General Levy by the State Legislature, the ability to collect some incremental revenues earlier is a preferable alternative. The 5-year sliding scale generates property tax revenues sooner for the City than the 3-year option. Length of the Program The Task Force requests a long period of eligibility for 5-7 years, presumably to encourage more new developments to occur that have not yet been approved. Staff believes this incentive should initially be considered a short-term pilot program to allow time to determine if property tax abatement does influence an increase the number of houses being built. It is possible that other factors such as the lowering of interest rates and/or the resolution of supply chain issues might have a greater impact on improving the housing market than a property tax abatement program. Therefore, it might be advisable to introduce this new program as a pilot effort for a shorter duration to allow time to gauge its effectiveness. If if proves successful, it can be extended by the Council. 118 There are two development scenarios that a property tax abatement program could impact: The first scenario involves a subdivision already approved. In that case, developers could move relatively quickly to final plat additional lots or start construction on approved lots. The second scenario is a developer moving forward with a new subdivision approval. Subdivision approval and completion of infrastructure to create additional new lots would be a 12-18 month process. To support the second scenario, staff would suggest a tax abatement program that extends from 2024 through 2026. Any home started after 2026 would not be eligible. Improvement Value The Task Force is not supporting a limit or cap on the maximum abatement value. The City Council can determine to abate all or some of the total improvement value, or set a maximum value cap for eligibility. For example, if City Council only desires to encourage development of moderate income housing, it could set a maximum sales price of $400,000 of less. Alternatively, Council could support all housing types regardless of sale price by setting a maximum amount abated per house of $400,000. This allows full abatement of value on moderate income housing, while providing abatement of only the first $400,000 of value for a more expensive home. Green Building/Design Requirements City Council could elect to add other building requirements as prerequisites of eligibility if it so desires. For example, if City Council is interested in adding green building requirements, staff believes the City could specify types of features that must be included with the home or set a performance requirement for its design through a Home Energy Rating System (HERS) rating or some other evaluation tool. Using the HERS system would be familiar in the market and require the least amount of staff administrative time because it would require a third party HERS rating report rather than staff checking the project details. While creating an incentive for substantially reduced energy usage in support of Climate Action Goals has definite merit, Task Force members have emphasized that this eligibility requirement will add to the cost of housing and be counterproductive to the goal of immediately producing more housing. The Council will have to determine how to balance these two priorities. However, if the Council chooses to support an energy efficiency requirement, it should not be applied until the 2025 housing construction season to allow staff time to identify reasonable measures. This option could also be a separate abatement schedule with its own performance criteria, similar to Des Moines. OPTIONS: 119 STAFF COMMENTS: City Council has multiple options regarding how to proceed with the Task Force request. City Council could elect to follow the Task Force's requests for a 5-7 year long program where all residential buildings would be eligible (for sale or rental), and an abatement schedule of either a 3-year 100% or a 5-year sliding scale. As an alternative, staff has outlined a targeted option below that tries to address multiple interests. This option attempts to take a more targeted approach and for the program to be considered a pilot program with a shorter duration. However, City Council could also choose take a more aggressive approach by approving a tax abatement incentive that includes one, or all, of the following: a longer program duration, longer abatement schedule, higher abatement percentage, and greater improvement value to encourage more development. An additional option would be to focus on green building priorities related to energy efficiency and the Climate Action Plan. Staff's Targeted Incentive Package Extending to 2026: 1. Ownership housing Only (Single Family, Townhome, Condo, Two-Family) constructed in 2024, 2025, 2026, new vacant lots only. 2. 5-Year sliding scale (100%, 80%, 60%, 40%, 20%) 3. Abatement applies to the first $400,000 of improvement value. 4. Program will apply on an individual development project basis, and not apply city-wide. 5. No other criteria. ATTACHMENT(S): Ames Housing Task Force Letter of Follow-up - January 23_2024.pdf 120 January 23, 2024 Steve Schainker, City Manager City of Ames 515 Clark Ave. Ames, IA 50010 Steve: We appreciate the continued dialogue and discussion on the recommendations made by the AEDC Housing Taskforce in July of last year. The following is additional feedback and clarification on those items that we believe will stimulate residential new construction starts to meet the Ames 2040 targets. Tax Abatement program for new construction - Recommend implementing as soon as possible. - All residential new construction eligible. o Construction costs have increased in the last few years for both single family and multi-family. o Costs have outpaced rents. o Incentives may bring about projects that might otherwise not happen. o Increased supply of housing will help keep pricing in check. - Abatement will motivate builders to construct speculative homes. - Recommend keeping climate goals or design standards out of the requirements for this program. - Implement an effective date of January 1, 2023. o Existing new construction that is already on or coming on the market will need to be on the same competitive level as new starts created by this program. - Suggest duration of 5 to 7 years; projects take time to come together, so a longer duration period helps aid projects coming to fruition. - Allow choice of 3 year 100%- OR 5-year sliding scale abatement schedule. Suggested Policy Changes - Allow garages to protrude in front of face of homes built in the PUD zoning category. o This is the most efficient design and is not allowed today. o Cause of 2nd SMART home project to not proceed in this zoning category. o More efficient layouts and narrower lot widths help keep costs under control. o Estimated value to homeowner in reduced housing cost: $12,000. - Revise conservation subdivision standards: 121 o Buffer around stormwater conveyance or wetlands rather than 80% of lots abutting open space. o Protect historical or jurisdictional wetlands instead of all wetlands and poorly graded areas. o Remove “usable” component of open space requirements; focus on protecting rather than both protecting and creating a usable space. o Reduce the 25% open space requirement to 10%; this can be accomplished while still protecting Ada Hayden. o Eliminate curb, gutter roads, and embrace a rural cross section utilizing roadside areas to convey / treat stormwater. o Change outlook on mass grading when there are no natural features to enhance or protect because the land being developed is flat farm ground. o 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. o Topic is too complex to estimate savings to homeowner without in-depth evaluation. Offsite Costs / Pioneer Infrastructure - City to invest in obtaining water rights from rural water districts. o Estimated value to homeowner in reduced housing cost: $2,700. - Consider water / sanitary projects to open additional lands to be considered pioneer infrastructure rather than connection districts to recoup funds . o Estimated value to homeowner in reduced housing cost: $2,350. - Turn lanes and intersection improvements to facilitate traffic from multiple projects should be considered pioneer infrastructure. o Estimated value to homeowner in reduced housing cost: $1,250-$2,300. - Model Ankeny’s efforts to invest in pioneer streets where street paving is associated with an adjacent property; City recovers funds when the land is developed or absorbed into the City CIP budget. o No direct savings to lot prices but eliminates costs of adjacent properties being paid for by the homeowner. Onsite costs - Consider oversizing of utilities or increased depth in all areas of Ames at the City’s expense. o Estimated value to homeowner in reduced housing cost: $2,500. - Consider collector streets through projects that serve other projects and community should be at the City’s expense. o Estimated value to homeowner in reduced housing cost: $2,000. 122 Housing Targets It is challenging and almost impossible for builders to construct new homes under $250k, but they can build the move up homes. When our homeowners who are currently living in starter homes move up to the new construction homes, then a starter home becomes available on the resale market for someone else to purchase it. Next Steps We believe the recommendations suggested above offer tangible ways in which the City can create the needed stimulus to encourage more housing, of all types, to support the significant job growth Ames and the entire Ames MSA continues to see. The task force and I look forward to the next steps to keep moving these ideas, and more, forward. Thank you for empowering the AEDC to continue to serve in this capacity. Sincerely, Daniel A. Culhane, President & CEO Ames Economic Development Commission 123 To:Mayor & City Council From:Susan Gwiasda, Public Relations Office Date:February 27, 2024 Subject:Resident Satisfaction Survey 2024 Item No. 21 MEMO The City of Ames is again working with Iowa State University’s Institute for Design Research and Outreach to produce, distribute, and analyze the 2024 Resident Satisfaction Survey. This will be the 42nd year of the survey. Each year, a small amount of space is reserved for current issue/policy questions to be added. Most policy questions require some explanation before any question can be asked. Due to the space necessary to set up the question, typically only a few additional questions fit in the survey. The Council is welcome to suggest topics, but please note there is no obligation to add to the survey. For the 2023 survey, the Council made these changes: Removed “School Resource Officer Services” from a table asking about Police services (P. 2) Added questions about making CyRide fare-free, funding fare-free CyRide through property tax, and expectations with a fare-free transit system. (P. 5) Removed the open-ended question "What would make Ames cool?" (P. 9) Added “marijuana-related crime enforcement” as a separate topic in the table asking about Police services (P. 2) Combined a question under “Your Health” to include fruits and vegetables (P. 10) Added a question about rating physical and mental health (P. 9) Added questions to determine the willingness of residents to sort garbage (P. 9) Added questions about an organized trash collection system, preference for selecting a trash hauler, and trash hauler satisfaction. Replaced a question under “Sense of Community” from “What would make you feel welcomed and have a sense of belonging in Ames?” to “What could the City do to demonstrate its commitment to Diversity, Equity, and Inclusion?” (P. 10) 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 124 Decisions for Council 1. Fare-free CyRide was added in 2023 as a special topic. Should those questions be removed? 2. Sorting garbage and organized trash collection were added in 2023 as a special topic. Should those questions be removed? 3. For the past several years, the questions regarding “Your Health” and “Sense of Community” (pages 9-11) that were not part of the original survey have continued to be included. These questions are not used by departments as benchmarking but have continued to be included by City Council request. Do you want to include these questions in the 2024 survey? 4. Is there interest in adding a question to measure basic support of the following projects that would require financing through a bond referendum: New Ames Animal Shelter Relocation of Fire Station No. 2 New Fire Station No. 4 New Indoor Recreation Center New Park on Ontario Street Other Questions Our goal with the annual survey is to use feedback from our citizens regarding their satisfaction with City of Ames programs and services, capital improvement projects, and future allocations of funding to guide future decision making. Are there other issues or policies that would be helpful to have public feedback and/or which questions can we drop from the survey? Remember, you do not need to craft the actual questions because our consultants at Iowa State University provide that expertise. ATTACHMENT(S): Ames survey_2023 FINAL Updated.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 125 1 41st Annual Resident Satisfaction SurveySpring 2023 Instructions: Please respond to each question with your own opinions and practices. This is usually done by circling a number, checking a box, or filling in a blank. An opportunity is also provided for you to add written comments. A. Please rate the following Parks and Recreation features. Very Poor Poor Good Very Good Don’t Use 1. Hard surface trails/crushed rock trails ......o o o o o 2. Overall appearance of parks .....................o o o o o 3. Playground equipment .............................o o o o o 4. Restrooms .................................................o o o o o 5. Shelter houses ..........................................o o o o o 6. Tennis courts .............................................o o o o o 7. Wooded areas ...........................................o o o o o 8. Picnic areas (tables/grills) .........................o o o o o Comments on Parks and Recreation _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ B. Please rate the following Ames Public Library features. Very poor Poor Good Very Good Don’t Use 1. Meeting/study rooms ....................................................o o o o o 2. Internet/computer services ...........................................o o o o o 3. Handicapped accessibility ..............................................o o o o o 4. Customer service ...........................................................o o o o o 5. Programs (story hour, book discussions, concerts) ........o o o o o 6. Range of materials available (books, videos, magazines, software) ........................................................................o o o o o 7. Bookmobile service ........................................................o o o o o 8. Page One – the library newsletter .................................o o o o o 9. Asking questions of library staff by phone ............................................................................o o o o o 10. Use of library resources from home via computer ........o o o o o 11. Wait time for requests/holds .........................................o o o o o 12. Availability of seating .....................................................o o o o o 13. Welcoming atmosphere .................................................o o o o o 126 2 D. How DISSATISFIED or SATISFIED are you with the following Fire Department activities? Very Dissatisfied Somewhat Dissatisfied Somewhat Satisfied Very Satisfied Don’t Know 1. Emergency response time .............o o o o o 2. Emergency medical responses .......o o o o o 3. Extinguishing fires ..........................o o o o o 4. Fire prevention activities and community outreach ......................................... o o o o o Comments on Fire Department _________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ E. Thinking about priorities for law enforcement, should the Ames Police Department emphasize the following activities LESS, the SAME, or MORE? Less Same More 1. Alcohol-related crime enforcement ........................................o o o 2. Animal control and sheltering .................................................o o o 3. Fraud & identity theft investigation ........................................o o o 4. Business district patrolling ......................................................o o o 5. Illegal drug use prevention and enforcement .........................o o o 6. Speed limit enforcement ........................................................o o o 7. Juvenile crimes investigation ..................................................o o o 8. Marijuana-related crime enforcement ...................................o o o 9. Noise law and nuisance party enforcement ...........................o o o 10. Parking laws enforcement.......................................................o o o 11. Sex-related offenses investigation...........................................o o o 12. Traffic control and enforcement .............................................o o o 13. Residential patrolling ..............................................................o o o 14. Domestic violence & family dispute resolution ......................o o o 15. Crime prevention and education activities .............................o o o 16. Violent crimes investigation ....................................................o o o C. Do you use the Ames Public Library as often as you would like to use it? 1. Yes 2. No Comments on Ames Public Library ______________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ C1. If NO, for what reasons do you not use the library as often as you would like? (Circle ALL that apply.) 1. Parking is a problem 2. I get materials from other sources 3. I don’t have time 4. Library is not open during hours that are convenient to my schedule 5. Other (please specify) ______________________________ 127 3 Comments on Ames Police Department __________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ F. Please rate how DISSATISFIED or SATISFIED you are with the City’s response after issues are reported regarding the following Nuisance Ordinances? Enforcement of ... Very Dissatisfied Somewhat Dissatisfied Somewhat Satisfied Very Satisfied Don’t Know 1. Over-occupancy in rental property ...........o o o o o 2. Noise limits ...............................................o o o o o 3. Front yard parking on residential property ....................................................o o o o o 4. Yard upkeep (overgrown vegetation) ........o o o o o 5. Dangerous structures (dilapidated, unsecured, holes, collapsing) ....................o o o o o 6. Outdoor storage on property (old cars, tires, furniture, garbage) ...........................o o o o o Comments on Nuisance Ordinance ______________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ H. How OFTEN is the coordination between Traffic Signals effective? (Circle ONE response) 1. Rarely effective 2. Sometimes effective 3. Often effective 4. Almost always effective 5. Don’t know Comments on Traffic Signals ___________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ G. Please rate the quality of the following Street Maintenance features. Very poor Poor Good Very Good Don’t Know 1. Maintenance of bike path system (on street lanes & paths) .................................................................................o o o o o 2. Appearance of medians and parkways ..............................o o o o o 3. Condition of streets in your neighborhood ........................o o o o o 4. Ice control at intersections ................................................o o o o o 5. Snow plowing in your neighborhood .................................o o o o o 6. Snow plowing on major streets .........................................o o o o o 7. Street sweeping in business areas .....................................o o o o o 8. Street sweeping in your neighborhood .............................o o o o o 9. Surface condition of major streets .....................................o o o o o I. Does Ames Electric Services provide electricity to your home? 1. Yes 2. No 3. Don’t know If NO, skip to Question M. 128 4 K. How DISSATISFIED or SATISFIED are you with the following aspects of Ames Electric Services? Very Dissatisfied Somewhat Dissatisfied Somewhat Satisfied Very Satisfied Does Not Apply 1. Being informed of progress restoring services ......................o o o o o 2. Ease of reporting an outage ......o o o o o 3. Response of employees ............o o o o o 4. Time to restore service .............o o o o o 5. Electric rates .............................o o o o o 6. The quality of power .................o o o o o L. Ames Electric Services offers SunSmart Ames, a community solar farm project in Ames. Ames Electric Services customers may purchase shares of the project at $270 per “Power Pack” and receive a monthly credit on their bills for 20 years. (More information at www.CityOfAmes.org/Solar). Are you participating? 1. Yes 2. No Comments on Ames Electric Services ____________________________________________________________ ___________________________________________________________________________________________ __________________________________________________________________________________________ L1. If NO, why not? (Circle all that apply) 1. Too expensive 2. Not interested in renewable energy 3. Short-term stay in Ames 4. Other (please specify) _________________________ J. In the last 12 months, have you...? No Yes 1. Experienced a power outage in your home? .......................................................................o o 2. Experienced a power surge that affected your computer operations? .............................o o M. In the last 12 months, how many times have you had any of the following Drinking Water Service problems? Never 1–2 times 3–6 times 7 or more times Does not apply 1. Disagreeable taste or odor..............................o o o o o 2. Hard water ......................................................o o o o o 3. Rust .................................................................o o o o o 4. Sediment or cloudy appearance .....................o o o o o 5. Soft water........................................................o o o o o 6. Too little pressure ...........................................o o o o o 7. Too much pressure ..........................................o o o o o Comments on Drinking Water Service ____________________________________________________________ ___________________________________________________________________________________________ __________________________________________________________________________________________ 129 5 N. How DISSATISFIED or SATISFIED are you with the following aspects of Ames Water & Pollution Control Department services? Very Dissatisfied Somewhat Dissatisfied Somewhat Satisfied Very Satisfied Does Not Apply 1. Water rates ...............................o o o o o 2. Water quality ............................o o o o o 3. Sewer rates ...............................o o o o o O. In the last 12 months, have you experienced a sanitary sewer back-up into your basement/home? 1. Yes 2. No P. In the last 12 months, has storm water flooded onto your property from a city street? 1. Yes 2. No Comments on Water & Pollution Control Department Services ________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ O1. If YES, did you report the problem to the City? 1. No 2. Yes If YES, how satisfied were you with the response? 1. Very dissatisfied 2. Somewhat dissatisfied 3. Somewhat satisfied 4. Very satisfied P1. If YES, did you report the problem? 1. No 2. Yes If YES, how satisfied were you with the response? 1. Very dissatisfied 2. Somewhat dissatisfied 3. Somewhat satisfied 4. Very satisfied CyRide is the community-wide transit system serving both Iowa State University and Ames. It is funded through the city of Ames (from property taxes), ISU Administration (from the general fund), and ISU students (from student fees). Eliminating the fare to ride CyRide is one way to encourage Ames residents to use public transit. Q. The cost to provide the bus service fare-free is estimated to be $500,000 to $1,500,000 depending on the number of routes that are desired to provide this service. Would you be willing to increase your property taxes to make bus service fare-free for all users? 1. Yes, I would be willing to increase my property tax payment. If yes, by $ ________ annually. 2. No, I am not interested in funding a fare-free bus service. R. If CyRide became fare-free to riders, I would except these changes to the system (Circke ALL that apply) 1. Expanded service to more parts of the community 2. Increased frequency of bus service 3. Increased hours of bus service 4. I would not expect expanded service 5. Other (specify) _____________________________________________ S. On average, how many times per week do members of your household ride CyRide? 1. ________ times per week 2. No one in my household rides CyRide 130 6 A. How DISSATISFIED or SATISFIED are you with the following aspects of City of Ames services? VeryDissatisfied SomewhatDissatisfied SomewhatSatisfied VerySatisfied Don’t Know 1. Law enforcement services .......................o o o o o 2. Fire & rescue services ..............................o o o o o 3. Electric services ........................................o o o o o 4. Drinking water system .............................o o o o o 5. Sanitary sewer system .............................o o o o o 6. Public nuisance enforcement (e.g, noise, over-occupancy, yard upkeep) .................o o o o o 7. Parks & recreation services ......................o o o o o 8. Library services ........................................o o o o o 9. CyRide bus service ...................................o o o o o Comments on City of Ames services _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Next, please provide your overall opinions about your use of City services T. If you do not currently use CyRide, what would make you consider using these services? (Circle ALL that apply) 1. Service was provided to more areas of Ames 2. Service was offered on my route longer during the day (earlier or later times). 3. Service was more frequent on routes near me 4. The fare when boarding the bus was lower 5. The fare when boarding the bus was at no cost 6. Nothing 7. Other (specify) _____________________________________________ Comments on CyRide _________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 131 7 A. Programs and services listed in the following table are paid with local option sales taxes or property taxes. In 2023–2024, the City of Ames will spend the following amounts on providing services. In your opinion, should LESS, the SAME or MORE funding be allocated to these areas? (Mark ONE response for each program or service.) 2023–2024 Approximate Tax Funding Should the City spend...? Less Same More 1. Arts programs (Public Art & COTA) ..................$ 275,458 o o o 2. Fire protection ..................................................$ 6,408,376 o o o 3. Human service agency funding (ASSET) ..........$ 1,832,931 o o o 4. Law enforcement .............................................$ 11,150,55 o o o 5. Ames Animal Shelter & animal control ...........$ 575,970 o o o 6. Ames Public Library ..........................................$ 4,955,060 o o o 7. Land use planning (both current and long-term)$ 988,029 o o o 8. Parks activities ..................................................$ 1,723,765 o o o 9. Recreational opportunities ..............................$ 1,060,520 o o o 10. CyRide (public transit) ......................................$ 2,120,043 o o o 11. Other (please specify__________________)---------------o o o Comments on Program and Services _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Program and Services B. The City Council has approved a five-year Capital Improvements Plan that defines more than $309 million in projects. How UNIMPORTANT or IMPORTANT is it that the following projects are included in the Capital Improvements Plan? VeryUnimportant SomewhatUnimportant SomewhatImportant VeryImportant 1. Improvements to existing parks .........o o o o 2. On-street bike facilities (commuter) improvements ...................................o o o o 3. Off-street bike facilities (commuter) improvements ...................................o o o o 4. Greenway trails (recreational) improvements ...................................o o o o 5. Reconstructing existing streets ..........o o o o 6. Storm water drainage improvements o o o o 7. Traffic flow improvements .................o o o o 8. Other (please specify __________)o o o o 132 8 Residential Preferences of City Communications A. When you need local government information, how USEFUL are the following sources? Not Useful Somewhat Useful Very Useful Don’t Use 1. City of Ames Web page (www.CityOfAmes.org) ..........o o o o 2. Ames Television/Cable TV 12 .......................................o o o o 3. Ames Tribune newspaper ............................................o o o o 4. ISU Daily newspaper ....................................................o o o o 5. Des Moines Register newspaper ..................................o o o o 6. KASI/KCCQ radio ..........................................................o o o o 7. KHOI Community Radio ...............................................o o o o 8. CitySide(utility bill insert) .............................................o o o o 9. Facebook/Twitter/Instagram .......................................o o o o B. How would you prefer to learn about construction projects, programs, and meetings in your area? (Circle ONE response) 1. Letter 2. Door hanger 3. City of Ames website 4. Local radio 5. Local newspaper 6. Email 7. Facebook 8. Twitter 9. Other (specify) ____________________________ C. Using the item number from Question B, which category should be the... Item No. Highest priority?________ Second highest priority?________ Third highest priority?________ D. The City property tax levy for the next year is $10.20 per $1,000 of taxable valuation. This means that the City portion of the property tax on a $100,000 home in Ames is about $557 after rollback. Given your spending preferences, what should be the adjustment in property taxes next year? (Circle ONE response.) 1. Substantial decrease 2. Modest decrease 3. No change 4. Modest increase 5. Substantial increase The next section asks for your Overall comments and ratings A. Please rate the overall quality of services you receive from the City of Ames. (Check ONE) Very Poor Poor Good Very Good o o o o 133 9 B. On what other issue(s) do you think the City should focus its attention? __________________________________________________________________________________ __________________________________________________________________________________ C. What is the best thing about living in Ames? __________________________________________________________________________________ __________________________________________________________________________________ Organized Trash Residents are currently able to choose from among several haulers to provide curbside garbage collection. In some communities, residential garbage collection is provided by a single hauler through a contract with the city. This would reduce traffic, noise, and carbon footprint, but eliminates customer choice of hauler. A. How interested are you in a system where residential garbage collection is provided only by one hauler, with the cost and the services provided determined by a city-wide contract? (Check ONE) Not interested at all Somewhat not interested Uncertain Somewhat interested Very interested o o o o o B. Did you select your garbage collection company? 1. Yes 2. No C. Are you satisfied with your garbage collection company? 1. Yes 2. No D. The City of Ames has used a waste-to-energy process to make refuse derived fuel (RDF) out of garbage since 1975. The RDF is co-burned with natural gas in the Ames Power Plant to create electricity. Some items thrown in the trash are non-burnable or high moisture items, and they make poor fuel. To improve the efficiency of the system, which of the following garbage products you are willing to sort? (Choose all that apply) Yes No Plastic o o Glass o o Metal o o Organics o o E. If you are willing to sort your garbage, what is your most preferred method of disposal for items removed? 1. No- charge centralize drop off 2. Curbside collection for a fee 3. Would participate in either one 4. Not interested 5. Other (please specify) ______________________________________________ F. Do you currently pay for curbside recycling through your garbage hauler? 1. Yes 2. No 134 10 A. How many of your neighbors do you know? 1. None of them 2. A few of them 3. About half of them 4. Most of them 5. All of them B. How strong is the sense of community in your neighborhood? 1. Not at all strong 2. Not so strong 3. Somewhat strong 4. Very strong 5. Extremely strong Strongly disagree Somewhat disagree Uncertain Somewhat agree Strongly agree Don’t Know 1. Issues facing my community are important to me o o o o o o 2. I am knowledgeable about the issues facing my community.............................................................o o o o o o 3. I am engaged in addressing the issues of my community.............................................................o o o o o o 4. I currently support nonprofit organization(s) with financial contributions ...................................o o o o o o 5. I currently serve on a Board of Directors for a nonprofit organization serving the City of Ames...... o o o o o o 6. I currently volunteer for a nonprofit organization serving the City of Ames....................o o o o o o A. Overall, how would you rate your mental health? (Check ONE)? Poor Fair Good Very Good Excellent o o o o o B. In the past six months, have you felt you needed to access professional mental health services? 1. Yes 2. No 3. Prefer not to answer C. How interested are you in getting involved in community gardens in your neighborhood? Not interested at all Somewhat uninterested Uncertain Somewhat interested Very interested o o o o o Your Health B1. If YES, have you been able to receive the help you needed? 1. Yes 2. No ` 3. Prefer not to answer Sense of Community C. Please indicate your level of agreement with the following community involvement statements. Currently involved 135 11 Strongly disagree Somewhat disagree Uncertain Somewhat agree Strongly agree Don’t Know I feel valued as an individual in the Ames community.o o o o o o I feel I belong in this town.o o o o o o Ames has a strong commitment to diversity, equity, and inclusion.o o o o o o I am treated with respect in this town.o o o o o o I feel Ames is a place where I could perform up to my full potential.o o o o o o I have found one or more organizations in this community where I feel I belong.o o o o o o D. Considering your experiences over the past 12 months, please indicate your level of agreement with each of the following statements E. What could the city do to demonstrate its commitment to ensuring that all residents feel they belong? ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ In this last section, please tell us about yourself so that we will know if we have reached a representative sample of Ames residents. A. How many years have you lived in Ames? ________ years B. What is your age? __________ years C. What is your gender? 1. Male 4. Prefer to self-describe __________________ 2. Female 5. Prefer not to answer 3. Non-binary / third gender D. What is your race? 1. White 5. Native Hawaiian or Pacific Islander 2. Black or African American 6. Other _____________ 3. American Indian or Alaskan Native 7. Prefer not to answer 4. Asian E. Are you of Hispanic or Latino origin? 1. No 2. Yes 3. Prefer not to answer F. What is your highest level of formal education? 1. Less than high school diploma 4. Undergraduate degree 2. High school diploma or GED 5. Some graduate work 3. Some college 6. Graduate degree G. Are you currently a full-time student at Iowa State University? 1. No 2. Yes 136 12 K. In which part of Ames do you live? (Circle ONE) 1. Northwest (North side of Lincoln Way and streets to the north; west side of Grand Avenue and streets to the west). 2. Northeast (North side of Lincoln Way and streets to the north, east side of Grand Avenue and streets to the east). 3. Southwest (South side of Lincoln Way and streets to the south; west side of University Boulevard and streets to the west). 4. Southeast (South side of Lincoln Way and streets to the south; east side of University Boulevard and streets to the east). J. We would appreciate any additional comments you would like to provide: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Thank you for contributing your time and making a difference in your community! Return your questionnaire in the enclosed, postage-paid envelope OR deliver it to City Hall, 515 Clark Ave. J. Income level is requested in order to understand how household needs differ based upon income. Circle the number for the category that best estimates your 2022 total household income (before taxes). 1. Under $25,000 5. $100,000–124,999 2. $25,000–49,999 6. $125,000–$149,999 3. $50,000–74,999 7. $150,000–$199,999 4. $75,000–99,999 8. $200,000 or more H. Your current employment status? (Circle ALL that apply.) 1. Employed full time 4. Full time homemaker 2. Employed part time 5. Not employed 3. Retired 6. Other ________________ I. Do you RENT or OWN your home? 1. Rent 2. Own 3. Other (specify ___________) I1. For what reasons do you rent? (Circle ALL that apply.) 1. Short-term stay in Ames 2. Little or no upkeep 3. More security 4. Lack of adequate income to buy home 5. Other (Specify)______________ 137 ITEM #:22 DATE:02-27-24 DEPT:P&H SUBJECT:2024 URBAN REVITALIZATION TAX ABATEMENT REQUESTS COUNCIL ACTION FORM BACKGROUND: The City Council established Urban Revitalization Areas (URAs) which allow for the granting of tax exemption for the increased valuation of a property for projects that meet the criteria of each URA’s Urban Revitalization Plan. In most cases, these criteria set certain standards for physical improvements that provide public benefits. When property within one of these URAs is developed, redeveloped, rehabilitated, or remodeled, the property owner is eligible for abatement of property taxes on the incremental increase in property value after the improvements are completed. This abatement can extend for three, five, or ten years, depending on the Urban Revitalization Plan for each URA and the one requested by the applicant. Every year, owners who have made improvements to property within the City’s URAs during the previous year may apply for tax exemption on the incremental added value of their properties. The City must determine if the completed improvements meet the criteria in the Urban Revitalization Plan for the URA in which the property is located. If the City Council finds that the criteria are met, this approval is forwarded to the City Assessor, who then reviews each request and determines the amount of the exemption based on the increase in incremental valuation. The City received two requests for property tax exemptions in two different URAs on the increase in valuations based on the 2024 assessments. These sites are the Kappa Kappa Gamma Sorority at 120 Lynn Avenue and a the building at the southeast corner of 5th Street and Burnett Avenue. A table showing project addresses, Urban Revitalization Areas, project costs and requested tax abatement schedules is included in Attachment 1. Attachments 2 and 3 contain the specific eligibility criteria for the designated Areas, a brief description of the individual projects in those areas, and staff ’s determination of eligibility. The property owners have reported construction values totaling $7,965,297. The applicant estimates are self-reported construction and soft cost values and may not be the same as the added property value. The actual increase in valuation from the improvements will be determined by the City Assessor and that valuation will be the basis of the partial property tax exemptions. ALTERNATIVES: 1. The City Council can approve the requests for tax exemptions as outlined in Attachment 1 by finding that they meet the criteria of their respective Urban Revitalization Areas and forward the findings to the City Assessor. 2. The City Council can deny some or all of these requests for approval of the tax exemptions if the Council finds the improvements do not comply with the respective Urban Revitalization Area 138 criteria. CITY MANAGER'S RECOMMENDED ACTION: Staff has examined the applications submitted as of February 1, 2024 and finds that the requests for the completed projects substantially conform to criteria of their respective Urban Revitalization Plans approved by the City Council. The Kappa Kappa Gamma Sorority has selected an abatement schedule of 10 years while the at 330 5th Street has selected an abatement schedule of 3 years. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1, thereby approving both of the requests for tax exemption as meeting the criteria for their respective Urban Revitalization Areas. This action will allow the qualifying requests for tax exemption to be processed by the City Assessor, who will determine the actual value of the respective tax exemptions. ATTACHMENT(S): Attachment 1.pdf Attachment 2.pdf Attachment 3.pdf 139 ATTACHMENT 1: 2024 URBAN REVITALIZATION APPLICATIONS ADDRESS URA COSTS YEARS 330 5th Street Downtown $1,065,297 3 120 Lynn Avenue University $6,900,000 10 140 ATTACHMENT 2: 330 5TH STREET APPLICATION SUMMARY & DOWNTOWN URA CRITERIA 141 QUALIFYING CRITERIA 1. The property must be located within the Downtown URA boundary. 2. Building improvements must be completed, and the building must have a certificate of occupancy from Ames Inspections Division. 3. The minimum value of a building improvement must increase the actual value by 5% or more. Site improvements, e.g. parking lots, landscaping, etc. are not eligible for tax abatement as a building improvement is required. Note – A commercial use is required to have a minimum assessment agreement approved by the City Assessor and the City prior to receiving tax abatement per state law. 4. A property owner may choose either a 3-, 5-, or 10-year sliding schedule of tax abatement. Note – Residential properties may have partial tax abatement rates different from commercial uses per requirements of state law. 5. The improvement must be maintained for the life of the tax abatement. 6. Use Eligibility a. Existing Occupied Building – All permitted uses within the DSC zoning district are eligible, including residential. All buildings that include nonconforming uses are ineligible. b. Existing Vacant Building – The ground floor must have a Retail Trade, Restaurant/Entertainment use, or small production facility (e.g. taproom, brewery, distillery, etc.) for the front half of the building. The remaining ground floor area and upper floors may have any of the following uses: retail trade, restaurant, entertainment, household living, or office. c. Building New Construction or Addition (with or without a Parking Structure) – Structure Parking improvements are eligible as an accessory use of a site when the primary building also includes commercial uses on the ground floor as defined for Existing Vacant Building or with City Council preapproval of layout plan for the location and size of commercial space at the ground floor. d. Ineligible uses include nonconforming uses to DSC zoning, institutional, group living, transportation, communication, utility, and miscellaneous uses defined within DSC zoning. 142 7. Ineligible Properties a. Government-owned properties. b. Properties identified as 1) a local or national historic resource/landmark or 2) properties having a contributing historic resource to a local or national district, where the building (or buildings) has been demolished within the past 10 years or otherwise modified* so that the building(s) are no longer eligible for listing as a historic resource. * “Otherwise modified” includes alterations to character-defining features that negatively impact the historic integrity of the resource as identified at the time of the approval (either local or the National Register of Historic Places). A building damaged or destroyed by an accidental fire or weather may be pre-approved by City Council as eligible for tax abatement prior to making improvements to a site. 8. Design Requirements At the time of filing of a complete tax abatement application for City approval, the new improvements must be in compliance with the following design requirements as determined by the City: a. Existing Buildings: i. All front façades of an existing building are consistent with the Downtown Façade Design Guidelines. - OR - ii. If there are no façade improvements: 1. No changes are required to the front façade for the improvements, 2. The building must have a front customer entry from the street at ground level, and 3. The improvements to the building have not substantially reduced along the street(s) the ground floor transparency of windows and doors by reducing openings, obscuring the windows or doors with other materials, or replacing the glass with reflective, opaque, translucent, spandrel or other types of glass, tinting or films that reduce transparency. 143 b. New construction, including additions, shall conform to the Downtown Design Guidelines for facades. 9. Energy Audit Prior to Commencing Project If an existing building is proposed to undergo improvements to qualify for tax abatement, the applicant must complete a building energy audit prior to commencing the project. The energy audit reviews current energy use and makes recommendations for energy efficiency improvements. An audit conducted by Ames Electric complies with this requirement, as does an independent audit completed to the ASHRAE Level 1 standard with recommendations on energy efficiency improvements. The energy audit requirement applies for any project improvements that require a building, fire, or trade permit issued after July 1, 2024. The audit must be completed within the two years preceding the initiating the project improvements qualifying for property tax abatement. The applicant and building are not required to apply any of the suggestions in the audit, but the audit must be submitted to the City as a part of the URA application for final approval. 144 145 146 330 5th Street The minor site development plan for this project was approved on September 6, 2022, with a revision approved March 14, 2023. The building was originally two separate structures, built as a gas station and car repair garage. More recently, the southern part of the building was a pet store. The northern, corner portion of the building has been vacant for some time. The remodel of the existing structure has allowed for a restaurant in the corner space and a demonstration kitchen in the southern space. 147 ATTACHMENT 4: 120 LYNN AVENUE APPLICATION SUMMARY & UNIVERSITY IMPACTED - EAST URA CRITERIA 148 149 QUALIFYING CRITERIA Existing or former residence recognized by Iowa State University as part of the Greek Residence system. AND Construction of a new Greek residence recognized by Iowa State University as part of the Greek residence system with an approved Minor Site Development Plan and Demolition approved by the City Council prior to April 1, 2021. 120 Lynn Avenue – Kappa Kappa Gamma Sorority The Minor Site Development Plan was approved for this project on March 23 rd, 2021. The project demolished the old Kappa Kappa Gamma sorority building and built a new structure to house 60 women. Kappa Kappa Gamma is choosing a 10-year exemption schedule. 150 ITEM #:23 DEPT:P&H February 27, 2024 Staff Report REQUEST TO INITIATE A COMPREHENSIVE PLAN LAND USE DESIGNATION CHANGE AND REZONING TO RESIDENTIAL FOR PROPERTIES IN THE IOWA STATE UNIVERSITY RESEARCH PARK ON UNIVERSITY BOULEVARD BACKGROUND: The Iowa State Research Park (ISURP) has sent a letter to Council requesting that the land use designation and subsequent rezoning for two parcels in the Research Park be amended to allow for residential uses. City Council at their February 13th meeting referred this request to a future meeting for discussion. The properties are addressed as 3200 and 3300 University Boulevard, location map attached. The 3200 University site is a wooded flag lot that extends west towards the Story County Tedesco Environmental Learning Corridor. The 3300 University sites has extensive frontage along University and borders the Tedesco facility along its eastern edge.(See attached map) The current zoning for the Research Park is the industrial base zone of Research Park Innovation Zoning District (RI), which does not allow for residential uses of apartments for household living. The RI zoning district was established in 2014 to support expansion of Research Park distinguished from typical industrial zoning districts by focusing on R&D, Office, supportive commercial uses, and a setting and design elements creating a people centered collaborative environment, accentuated by a Hub area and the central natural area of the Tedesco Corridor. The Master Plan for the area was prepared by and proposed by ISURP and adopted with the RI rezoning (see attached). The City partnered in the construction of infrastructure to serve the southern expansion with the new RI zoning. With the adoption of Ames Plan 2040, the land use designation for this site became Employment, with the following goals: Provide attractive and well-functioning settings for a range of industrial enterprises. Building on Ames’ natural and historic strength in research. Minimize impact and external effect on City neighborhoods. Discourage industrial uses that are large resource users for water and sewer services with system capacity impacts. The Employment land use designation Development Guidelines specifically state: “Residential uses should not be permitted in these areas. Site design should provide separation and buffering between 151 intense industrial and adjacent residential use.” As a result of the land use designations descriptions, staff indicated to the property owner that adding standalone residential uses would require Ames Plan 2040 land use amendment to a residential designation. Thus, the request by the applicant for the changes. They believe the sites can accommodate residential use without impacting the overall ISURP purpose of supporting additional employment opportunities in the community. Staff has reviewed two concepts of standalone residential for the 3300 University Site with a range of 24 to 30 units, essentially a medium density design for the site. The applicant desires to building townhomes for rent and possibly apartments. The site is vacant with no significant natural resources, but it does abut the bike trail and park to the east. Access, design, relationship of the site to the park were the primary concerns. However, staff has not reviewed a specific concept of development for 3200 University, which is situated quite differently as a wooded flag lot. Issues of utilities, access, natural resources, and park interface are all important for this site. Development of the site with townhomes or apartments is unknown at this time. Both parcels would need to be accessed from a new shared drive from the Cottonwood/University traffic circle intersection. If the requested land use change from Employment to Residential Neighborhood 3 (RN-3) is approved, the zoning for the site could be either FS-RL (3.75 dwelling units per acre (du/ac) to 10.0 du/ac) or a medium density zoning district with a minimum of 10 du/ac to 22.31 du/ac) The PUD Overlay would defined design standards and building types, the base zone would control density. The appropriate zoning district would be part of the review process based upon housing type in this case rather than prioritization density. OPTIONS: Option 1: Initiate a Land Use Amendment for either 3300, 3200, or both properties to RN-3 as a minor amendment without concurrent review of a PUD rezoning request. This option would be the typical two-step process of considering land use needs generally then considering site-specific attributes with rezoning. With the prior 1997 LUPP, this was the prescribed method of changing land use and zoning. The two-step process allows an applicant to get general approval of a use while working on design details and not investing in up front design requirements while awaiting a final decision no land use. However, the rezoning approval and design review is an independent decision step in the process that occurs after the land use change being approved and takes some additional time. The timing of rezoning application would be at the applicant’ s discretion. Option 2: Initiate a Land Use Amendment for either 3300, 3200, or both properties to RN-3 as a minor amendment and require a concurrent review of a rezoning to FS-RL or FS-RM with a PUD Overlay request for consideration of more detail site design and compatibility requirements. This option would be a consolidated process that is most appropriate for smaller areas and when 152 specific design decisions may influence the final outcome of the decision-making process. This option requires more work up front to design a conceptual plan and PUD rezoning application with the land use amendment review. The upfront investment in design can ultimately shorten the overall approval timeline. (Applicant supports this option) Option 3: Decline to initiate a Land Use Amendment for both properties at this time and maintain the Employment Land Use Designation. City Council would choose this option if there is no interest in consideration of residential uses in this area. STAFF COMMENTS: The City Council is asked to consider a Comprehensive Plan Land Use Amendment for two properties. City Council could elect to initiate the process for one or both of the properties to consider an RN-3 designation to allow for standalone residential. In light of the current housing needs of the community, staff believes the request for 3300 University site located along University has the most merit as candidate for adding apartment or town home housing to the area. Site constraints of 3200 University and its proximity to other uses and sites has not been vetted in as much detail and would need to be considered with any land use amendment process. Due to the unique setting of this site(s) and the need for its development to be cohesive with the intent and general design of the ISURP and the relationship to the abutting park, staff believes ultimately a PUD rezoning will be needed with any change to allow for residential development. This would be consistent with Option 2. ATTACHMENT(S): Attachment A.pdf Attachment B.pdf 153 Attachment A ISU Research Park Context Map 154 Attachment B Research Park Innovation Zoning District Master Plan - 2022 155 ITEM #:24 DEPT:P&H February 27, 2024 Staff Report REQUEST TO INITIATE A ZONING TEXT AMENDMENT TO ALLOW MIXED USE RESIDENTIAL DEVELOPMENT WITHIN THE HUB ACTIVITY AREA OF THE IOWA STATE RESEARCH PARK. BACKGROUND: The Iowa State University Research Park (ISURP) sent a letter to Council requesting that the residential use of household living for apartments be added to the types of allowed uses within the Research Park (RI) Innovation District Zoning District. The intent is to facilitate mixed use development of housing above commercial within the current Hub area along Collaboration Way. This request is separate from the Ames Plan 2040 Land Use Amendment request for stand-alone residential for properties located at 3200 and 3300 University Boulevard. City Council, at its February 13 meeting, referred this item to a future agenda for discussion. The current zoning for the Research Park is the industrial base zone of RI, which does not allow for residential uses of apartments for household living. The RI zoning district was established in 2015 to support expansion of the Research Park. It was distinguished from typical industrial zoning districts by focusing on R&D, Office, and supportive commercial uses that are supported with design elements creating a people centered collaborative environment, accentuated by a Hub Area and the central natural area of the Tedesco Environmental Learning Corridor. The Master Plan for the area was prepared by and proposed by ISURP and adopted with the RI rezoning (see attached). In addition to approving a Master Plan and new zoning for the Third Phase of the Research Park, the City partnered in the construction of infrastructure to serve the southern expansion. Notably, part of the funding for this area included use of state RISE Grant funds that are exclusively intended for support of industrial uses. Staff has had conversations with Iowa DOT staff about adding residential to the area and how it complies with the RISE Grant Agreement for monitoring compliance. On February 13, City Council approved a revised compliance agreement with DOT that focuses on job creation, not the land use mix of the area. This means residential uses are no longer an issue related to the RISE Grant. The stated purposes of the Research Park Innovation Zoning District are: a) Allow for mixing of use and interaction of people to foster a collaborative environment b) Create a node of activity around the Hub of the district c) Design development to promote the new innovation district by integrating multi-modal transportation facilities, intensification of land use, and a wide range of office and research uses d) Promote a high level of architectural and site design features that signify the commitment to innovation and investment through architecture with visual interest and unique identity, site design incorporating stewardship of natural resources, district layout and development supporting the pedestrian environment, and green building techniques demonstrating the commitment to sustainability. 156 What is unique to the RI base zone is the use of a Master Plan. The primary purpose of the Master Plan is to identify a Hub Activity Area with modified regulations and uses, establish open space areas, and identify the industrial employment areas. The Hub Area has unique uses allowances and additional design requirements compared to remainder of the ISURP. Adding residential mixed use will need to be consistent with the intent and purpose of the RI zoning district. When the City established zoning in 2015, residential was left out of the use table to see how development occurred in the area and in part due to City’s use of Tax Increment Financing and RISE Grant limitations. Additionally, Ames Plan 2040 indicates that allowing residential within Employment areas is generally not compatible for both the residents and the industrial business operations. OPTIONS: The Research Park staff believes a live, work, play environment within the Hub Area supports their interests at this time. They maintain that building more commercial with mixed use above is beneficial to the purpose of the District. The Research Park staff further believes that in this case having residential can be compatible because as the property owner/developer, they can address the issue through their future marketing and siting of industrial businesses in the area. While this may be true, City staff believes the downside to allowing residential within the Research Park and within the core area may be a more limited range of potential industrial users for the area because they would not want to be abutting residential uses that could affect their business operations. The developer believes they can still deliver commercial space in the Hub as originally intended along with adding housing, so that there is no loss of commercial opportunities. Option 1-Intiate a Text Amendment for the Hub Area Only This option allows the ISURP to proceed with applying for a zoning text amendment to allow for mixed use development within the RI zoning district for the Hub Area only. As a narrowly defined text amendment, this project would be treated as a development project and not require work plan prioritization. Staff would review the design objectives for the Hub as currently written with ISURP's mixed use development concepts to ensure the commercial use is appropriately sized and located on the parcels. The details of design and requirements for adding housing to RI would be incorporated into the review of the zoning text amendment. Approval of a mixed-use development would likely require a Major Site Development Plan rather than an administrative staff approval of a Minor Site Development Plan. Option 2-Decline the Request City Council would decline the request if they had concerns about land use compatibility for this area or concerns about use of industrial/commercial land for residential uses. STAFF COMMENTS: Staff believes that at this time giving consideration for mixed-use (apartments above commercial uses on the first floor) in the Hub Area has merit for consideration as defined within Option 1. If the City Council chooses to initiate this text amendment, Staff will need to discuss in more detail issues regarding residential development and design with the applicant. 157 ATTACHMENT(S): ISURP Site and Master Plan.pdf 158 ISU Research Park Context Map-Hub Area Tedesco Environmental Learning Corridor Desired Mixed Use Sites Desired Mixed Use Sites John Deere Vacant Site Ames Fitness/ Tennis Bubble Core Facility 159 Research Park Innovation Zoning District Master Plan - 2022 160 ITEM #:25 DATE:02-27-24 DEPT:P&R SUBJECT:LEASE AGREEMENT WITH CARRICO AQUATIC RESOURCES, INC., FOR FURMAN AQUATIC CENTER CHLORINATION EQUIPMENT COUNCIL ACTION FORM BACKGROUND: The Furman Aquatic Center (FAC) opened in 2010 and averages approximately 90,000 patrons per year. In order for patrons or staff to be in the water, certain standards outlined in the State of Iowa Pool Code, need to be met. One of those standards requires the chlorine content to be between one and eight parts per million. In order to achieve that requirement, chlorine is injected into the disinfection system. Since FAC opened in 2010, liquid chlorine (Sodium Hypochlorite) has been used to meet State Pool Code Requirements at an annual usage rate of approximately 5,000 gallons. Liquid chlorine is very caustic, volatilizes very easily, and is a skin irritant. It also loses its efficacy over a short period of time. Additionally, l iquid chlorine has more than doubled in price over the last three y e a r s . An alternative to a liquid chlorine disinfection system is the use of solid chlorine briquettes. Solid chlorine briquettes can be stored for many months or years in a sealed container and no efficacy is lost. Chlorine briquettes are planned to be used at the Fitch Family Indoor Aquatic Center, Steven L. Schainker Plaza, and the Daley Park Splash Pad . Over the past year, staff researched converting the disinfection system at FAC from liquid chlorine to solid chlorine briquettes, which would address the issues with cost, safety, and efficacy, as well as provide standardized equipment at all of the City's aquatic facilities. The City spent just over $18,000 for liquid chlorine in 2023 for FAC. Liquid chlorine is arou nd 13 on the pH scale. State Pool Code requires pool water to have a pH between 7.2 and 7.6. When liquid chlorine is added to water, the pH increases, which requires the injection of carbon dioxide to lower the pH to the required range. Solid chlorine briquettes have a pH of 7.8. When chlorine briquettes are added to water, the pH of the water will increase only slightly and will require less carbon dioxide to lower the pH of the water to the required range. This in turn will reduce annual carbon dioxide costs for FAC, which totaled over $11,000 in 2023. Carrico Aquatic Resources (CAR), Oelwein, Iowa, produces the solid chlorine briquette system being specified for the City's future aquatic facilities. Therefore, staff obtained a proposal from CAR to supply all new equipment to convert to a solid chlorine briquette system at FAC (Attachment A). CAR's proposal is in the form of a one-year lease proposal. The lease provides the City with the feed systems (valued at approximately $23,200) at no charge. The City must purchase a minimum supply of 5,000 lbs. of chlorine briquettes, which is the amount estimated to be necessary for one season of operation. The estimated cost of the chlorine briquettes, including delivery, is $20,290. The City would need to purchase a booster pump separately from the agreement (estimated to cost $2,122). The City would pay CAR to install the feed systems and booster pump, and would pay required permit fees to the State for the conversion. The cost for these components is $3,022, including the $900 permit fee. The total project cost, including the contract with CAR, installation, permit fees, and the separately purchased booster pump, is $25,434. Since funding is already budgeted for chlorine 161 and carbon dioxide, the only additional costs to the City for the project are the booster pump and permit fees. However, staff believes sufficient savings in chemical costs will be experienced to offset these additional expenses. CAR provides a one year parts and repair warranty and a maximum response time of 24 hours for all service related for the equipment. After one year, the chlorine system becomes property of the City for no additional charge. ALTERNATIVES: 1. Approve the Pulsar Precision Feeder Lease Agreement with Carrico Aquatic Resources, Inc., Oelwein, Iowa in the amount of $23,312. 2. Do not approve the Pulsar Precision Feeder Lease Agreement with Carrico Aquatic Resources, Inc., Oelwein, Iowa in the amount of $23,312. 3. Refer this item to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Converting from liquid chlorine to solid chlorine briquettes is a win-win for the City. The benefits include reduced annual operating costs and a standardized chlorine system for all aquatic facilities. The same solid chlorine briquette disinfection system will be installed at Steven L. Schainker Plaza, the Fitch Family Indoor Aquatic Center, and the Daley Park Splash Pad. The proposed conversion provides for increased safety, lower costs, and standardization of equipment at the City's aquatic facilities. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Attachment A: City of Ames Pulsar ESA REV 02.21.2024.pdf 162 February 21, 2024 Joshua Thompson Parks and Facilities Superintendent City of Ames 515 Clark Avenue Ames, Iowa 50010 RE: Pulsar Precision Feeder ESA Agreement Dear Joshua, Thank you for allowing Carrico Aquatic Resources Inc. the opportunity to work with the City of Ames and provide an equipment agreement for (3) Pulsar Precision feed systems for the outdoor pools at Furman Aquatic Center. Pulsar Feed System Agreement: Carrico Aquatic Resources will provide the City of Ames with (2) Pulsar Precision calcium hypochlorite feed systems and (1) Pulsar Precision 30 calcium hypochlorite feed system at no charge for one (1) year from the date of installation with these terms: Customer Responsibilities: •Purchase at least 5,000 pounds of Pulsar Calcium Hypochlorite briquettes at $194.90 per 50 lb. bucket ($19,940.00 annually) per year for a term of one (1) year. Estimated shipping is approximately $350.00. •Provide all necessary electrical connections. •Maintain the Pulsar Feed Systems per the manufacturer's/distributors instructions. •Notify Carrico Aquatic Resources within 24 hours of any operational issues. •Pay for all parts and service that are due to operator neglect or abuse.   •Pay a one-time installation (including a booster pump for the Precision 30 Feeder) and required state plan and permit fees of three thousand twenty-two and 00/100 dollars ($3,022.00). Carrico Aquatic Resources Responsibilities: •Provide all parts and repairs, normally covered under warranty, at no charge, to the City. •Respond within 24 hours for service calls related to the Pulsar Feed Systems. During the terms of this agreement the Pulsar Feed Systems remain the property of Carrico Aquatic Resources.   163 After one year of this agreement the feed systems become the property of the City of Ames. If you have any questions, please feel free to contact our office toll free at 800-832-7147. If you find this proposal acceptable, please indicate below and email a copy to andy@carricoaquatics.com. Thank you, Andy Smith Director of Iowa Operations Carrico Aquatic Resources Inc. ACCEPTANCE OF PROPOSAL 
 Accepted by:______________________ Date:__________ P.O.:__________________ 164 ITEM #:26 DATE:02-27-24 DEPT:P&R SUBJECT:MINI-PITCH COURT(S) AT LLOYD KURTZ PARK (3710 HYDE AVE.) COUNCIL ACTION FORM BACKGROUND: City Council has directed staff to construct a Mini-Pitch within the park system. Mini-Pitch consists of a small, hard surfaced court, surrounded by rebound fencing, designed for futsal. Futsal is a version of soccer that is fast-paced, uses a smaller and heavier ball, and is played with 3-5 players per team. Staff has explored locations throughout the park system to install a Mini-Pitch. Lloyd Kurtz Park, located at Bloomington Road and Hyde Avenue, has been chosen as the location for mini-pitch for a variety of reasons, as described below. Accessibility: The park is located on an arterial street, has CyRide bus stops at the intersections to the east and west, is connected to a path across the north end of the park from Hyde to Windfield, and there is a shared use path adjacent Bloomington Road at the south end of the park. Green Space: Lloyd Kurtz Park consists of four acres, with approximately three of those four acres serving as open green space available for mini-pitch on the south end of the park. The north end of the park has existing amenities which compliment a mini-pitch like a non-reservable shelter, playground equipment, swings, a basketball court with two adjustable hoops, a sand volleyball court, and drinking fountain. For reference, one court requires approximately 1/8 of an acre and two courts require 1/4 of an acre. Amenities Throughout the Community: Staff is committed to spreading park amenities to various sections of the City. Visibility: Since the park is located on an arterial street, the mini-pitch would be very visible which reduces vandalism, graffiti, and crime. The visibility also helps assist Police monitor park activities as they can be conducted via drive-bys. Out of the Flood Plain: This park is located outside the flood plain which aligns with staffs' intentions any time an amenity like this is being added to the park system as flood events can damage the amenity and require additional maintenance. Off-Street Parking: The City has had an agreement with Stonebrook Community Church since 1998 which allows park users to park in the church parking lot. AGREEMENTS: Conversations with two separate organizations have been ongoing regarding potential agreements as it relates to this mini-pitch project. One is with the church which owns the adjacent property to the park, and the second is with a potential fundraising entity. More information about the individual agreements are detailed below. Stonebrook Community Church - As mentioned above, the City and Stonebrook Community Church have an existing agreement which allows park users to use the church parking lot. With the addition of mini-pitch to the park, staff has met with church leaders to develop a new agreement (Attachment A) 165 that continues to allow park goers to use the parking lot, as well as addresses components specifically related to the installation of the mini-pitch. Highlights of the updated agreement include the following: Use of the parking lot would be available for park users on all days except Sunday prior to 1:00 p.m. and during church related events or religious holidays. The City is to provide signage in the parking lot to outline the hours of park related use. The City will be responsible to install an accessible walkway between the parking lot and the mini-pitch and be responsible for maintenance of this walkway. If Stonebrook decides to expand it's parking lot to the west, they would be responsible for any connections or new walkways to the mini-pitch. Stonebrook would also have the option to rent the mini-pitch free of charge for up to 72 hours per calendar year for church related activities. Kick It Forward - Staff has also been in communication with Kick It Forward (KIF), a non-profit organization that fundraises for mini-pitch projects across Iowa. Depending on City Council direction, working with KIF may provide a potential avenue to fill the funding gap for one, or two, mini- pitch courts. However, KIF has informed staff that their timeline for fundraising is typically six to nine months. Staff has developed a draft agreement between the City and KIF so that can be finalized quickly if that is the desired direction of City Council. COST AND FUNDING: The cost estimates shown below are for one and two mini-pitch courts. Item One Court Two Courts Design and Survey $ 10,000 $ 10,000 Concrete Pad $ 58,000 $116,000 Path (parking lot to mini-pitch)$ 10,000 $ 10,000 Electrical Connections $ 10,000 $ 10,000 Mini-Pitch Components*$104,000 $190,000 TOTAL $192,000 $336,000 Current City Funding $150,000 $150,000 Funding Gap ($42,000)($186,000) *The Mini-Pitch Components outlined above account for the above ground system, including but not limited to, enclosed fencing, surfacing, goals, lights, etc. As shown above, the City has allocated $150,000 toward this project, resulting in an anticipated funding gap of $42,000 for one mini-pitch court and $186,000 for two mini-pitch courts. Staff has discussed options on how close this funding gap and those possibilities are listed below. 1. Project Savings - Staff anticipates project savings from the Inis Grove Stair Project and Furman Aquatic Center Pool Basin Painting Project. These projects will result in a total cost savings of approximately $55,000. This would fully cover the funding gap for one mini-pitch court, and decrease the funding gap for two mini-pitch to $131,000. The cost savings from these projects have resulted from staff performing work instead of hiring a contractor or bids coming in lower than anticipated. 2. Kick It Forward (KIF) Fundraising - It is unknown at this time how much KIF is willing to 166 fundraise. KIF has mentioned to staff that fundraising climates are difficult to predict as they are different in each community. The maximum KIF traditionally fundraises for is $125,000. Staff also has considered cost savings from other projects to cover the funding difference for one or two courts. 3. Council Contingency - Council has $96,660 of unallocated contingency funds available that could be used on this project to close the funding gap. Use of council contingency funds could allow staff to use the project costs savings from other projects as mentioned above to cover other project costs that come in over budget. Council contingency funds could also contribute to lowering the total fundraising amount for KIF if two mini-pitch courts are desired. Council could choose to use one, two, or all three of the fundraising options above to move the mini- pitch project forward. PUBLIC INPUT: A public input meeting was held on Monday, February 5, 2024, at Stonebrook Community Church and there were approximately 40 individuals in attendance. Prior to the meeting, staff mailed postcards to 384 homes and businesses near Llyod Kurtz Park, distributed a press release, did radio spots, provided information to the Ames Soccer Club for distribution, promoted on social media, and included information in the Parks and Recreation weekly e-newsletter that is distributed to over 12,000 individuals. The opportunity was also provided to those who were unable to attend the meeting to contact staff by phone or email to provide input or ask questions. Comments and questions from this meeting, along with several emails staff received, are included in Attachment B. The comments and questions can be split into three categories, 1) traffic, parking and safety; 2) Mini-Pitch related items; and 3) Other park related items. To summarize Category 1, the neighborhood has genuine concerns about the current traffic and safety on Hyde Avenue, and to a lesser degree, on Eisenhower. The safety of park users, especially children, focused on how difficult it can be trying to cross Hyde Avenue to get to Lloyd Kurtz Park. Additionally, on-street parking on Hyde is on the west side of the street, so individuals driving to the park have to cross Hyde when they get out of their vehicles. Suggestions included adding a traffic signal at Hyde and Bloomington, do not allow parking on Hyde from Wellbeck to Bloomington, educate users to park in the church parking lot, add traffic signal at Hyde & Bloomington and Hyde & Eisenhower, reduce speed limit on Hyde, and more. Category 2 comments were mostly in favor of adding Mini-Pitch to Lloyd Kurtz Park, with many liking to see two courts instead of one. If funding was a concern, one court is acceptable. If two courts are installed, there was support for dedicating one court for soccer only and having the second court being multi-sport (soccer, basketball, pickleball). Basketball was not favored as much since a basketball court already exists in the park. Increased noise was mentioned as a concern for some, especially if pickleball is allowed. Conducting leagues and/or tournaments is not much of a concern, so long as there are days and times left open for neighborhood drop-in play. Lights on the mini-pitch generated some discussion, specifically that drop-in users should be able to turn on the lights when needed and possibly have different hours for light usage during the school year versus the summer. Park related items discussed in Category 3 included playground equipment concerns, a path connecting the church parking lot to the shelter, a sidewalk in the park along Hyde, and portable restroom concerns. Staff mentioned new playground equipment has been ordered and is planned to be installed this spring. Other items could be addressed through operations while others would need to be prioritized with other 167 capital improvement projects. PARKS AND RECREATION COMMISSION COMMENTS: A staff report summarizing the Mini-Pitch project and public input was shared with the Parks and Recreation Commission at it's regular scheduled meeting on Thursday, February 15, 2024. Commission members were in unanimous support of installing Mini-Pitch at Lloyd Kurtz Park. Commission provided the following direction to City Council. 1. To move forward with the installation of Mini-Pitch at Lloyd Kurtz Park. 2. Pursue the installation of two mini-pitch courts if funding is available due to the cost savings advantage of two courts over one. Would still like to see at least one installed if that is all that can be funded at this time. 3. Enter into an agreement with Stonebrook Community Church. 4. Enter into an agreement with Kick It Forward to fundraise for the project. 5. Commission desired for Council to refer to public works staff about traffic and parking concerns that were mentioned by the neighborhood. With traffic and parking being a high priority issue discussed at the public input meeting, Commission expressed that they would like to see plans accelerated for any traffic or parking improvements for this area. Staff indicated that this is outside the purview of the Commission but would provide to Council for informational purpose. 6. Include clear signage about parking in the church parking lot for park users. 7. Commission expressed excitement about the evolvement of the park and the potential to add a walking path around the park in the future. PROS AND CONS: There are advantages and disadvantages to consider when determining whether to install one or two mini-pitch courts. Below summarizes these factors. One Mini-Pitch Court Pros: Smaller funding gap. City could fund the entire project if Council reallocates cost savings from other projects. Eliminates potential delays to design and installation if fundraising is required prior to beginning the project. Fundraising efforts through KIF could still be utilized and may be a more achievable fundraising amount. Option to add a second court at Lloyd Kurtz Park or different park in the future. Minimize the park volume addressing parking and traffic concerns that this could draw to the park. Preserve more green space. Cons: Less court space to accommodate drop-in use during high volume activities such as leagues, tournament, or private rentals. Less options for additional amenities (basketball, pickleball, etc.). If popular, adding another court at Lloyd Kurtz Park in the future may result in higher costs and temporary closure of the existing court during construction. 168 Two Mini-Pitch Courts Pros: During leagues and/or tournaments, more teams could be accommodated or one court could remain open for drop-in use Option to have one court dedicated to futsal (soccer) and the other court for multi-use. City would be able to install two courts with a combination of City funds, project cost savings, and fundraising efforts through KIF. Cons: Larger funding gap. Larger amount for KIF to fundraise, which may be intimidating. Project may not be able to begin as expediently while funding is being secured. Although the space requirements for mini-pitch is minimal, two courts would eliminate more green space. Court space may not be as heavily utilized as anticipated. TIMELINE: If Council directs staff to install one mini-pitch court and covers the funding gap with project savings or council contingency funds, staff believes the project can be completed within the 2024 calendar year. If direction is to go with two mini-pitch courts and have KIF cover the funding gap through fundraising, the project would not likely be completed until 2025. ALTERNATIVES: 1. City Council can: a. Direct to install one mini-pitch court at Lloyd Kurtz Park dedicated for futsal (soccer). b. Reallocate project savings from Inis Grove Stair Project and Furman Aquatic Center Pool Basin Painting Project so the City can fully fund one pitch. c. Approve the agreement with Stonebrook Community Church. 2. City Council can: a. Direct staff to install t w o mini-pitch courts at Lloyd Kurtz Park dedicated for futsal (soccer) and do not add any additional amenities at this time. b. Reallocate project savings from Inis Grove Stair Project and Furman Aquatic Center Pool Basin Painting Project which brings the City's total funding to $205,000. c. Approve the agreement with Stonebrook Community Church. d. Direct staff to finalize agreement with Kick It Forward (KIF) to raise the remaining funds (approximately $131,000). 3. Do not install Mini-Pitch at Lloyd Kurtz Park. 4. Refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: The City desires to offer diverse recreational opportunities throughout the community and Mini-Pitch at Lloyd Kurtz Park will be a new, unique, amenity within the park system. Based on public input, two 169 mini-pitch courts are desired, if funding is available. One mini-pitch court was desired if two could not be installed. Working with Kick It Forward will result in leveraging City funding to gain two facilities, rather than the one that is budgeted. However, because of the time needed for Kick It Forward to successfully complete a donation drive, the project could be delayed for another six to nine months. Given the fact that the City Council recently adopted a goal to finish previously approved capital improvement projects (of which the pitch is one) as soon as possible, it is the recommendation of the City Manager that the City Council approve Alternative #1 stated above. The next question is, for what activities can this new facility be used? With the existing basketball court at Lloyd Kurtz Park, there does not appear to be a need for an additional court within the mini- pitch system. Noise was also expressed as a potential concern, especially if pickleball was included on the mini-pitch. With newly dedicated pickleball courts at Emma McCarthy Lee Park, and ability to play pickleball at Inis Grove and Brookside Park, staff does not recommend installing pickleball within the mini-pitch system. Therefore, at least initially, staff believes the new pitch should be prioritized for to soccer. However, after observing its use over an appropriate period of time, the Council can decide if a second pitch is needed, where a second pitch should be located, and if additional activities should be encourage in a pitch. ATTACHMENT(S): Attachment A_City and Stonebrook Church Agreement .pdf Attachment B_Mini-Pitch Public Input Summary.pdf 170 ATTACHMENT A AGREEMENT BETWEEN STONEBROOK COMMUNITY CHURCH, AMES, IOWA AND THE CITY OF AMES REGARDING PARKING AND RELATED MATTERS THIS AGREEMENT, made and entered into this ____ day of ______, 2024 between the City of Ames (hereinafter the “City”) and Stonebrook Community Church, Ames, Iowa (hereinafter called “Stonebrook Church.”), WITNESSETH THAT: WHEREAS, the City owns park land controlled by the City’s Parks & Recreation Department and known as Lloyd Kurtz Park, which is located at 3710 Hyde Avenue, Ames, Iowa on property abutting Stonebrook Church, which is located at 3611 Eisenhower Avenue, Ames, Iowa; and, WHEREAS, the City intends to build a Mini Pitch court on said park property; and, WHEREAS, the City and Stonebrook Church have had a longstanding agreement regarding the use of Stonebrook parking lot for those using Lloyd Kurtz Park; and, WHEREAS, both parties believe that they should enter into a new agreement, considering the proposed establishment of the Mini Pitch court on Lloyd Kurtz Park; NOW, THEREFORE, the parties agree that: 1. The City owns park land, known as Lloyd Kurtz Park, which abuts Stonebrook Church property. Mini Pitch court(s) are proposed for the City property. 2. Stonebrook Church shall allow the City to use the paved parking lot on the property owned by Stonebrook Church, in conjunction with the aforesaid City park, on all days except Sundays prior to 1:00 p.m. and except during any Stonebrook Church events or religious holidays celebrated by Stonebrook Church. City will provide signage stating no-parking in the Stonebrook Church lot for park-related activities on Sundays prior to 1:00 PM in Stonebrook Church parking lot. 3. The use of said areas by the City shall at all times be such as not to impede or interfere with or in any way become incompatible with the activities and observations of Stonebrook Church. Stonebrook Church shall notify the City in advance of any such activities or observations. Such activities and observations of Stonebrook Church shall include, but not be limited to, consistent weekly activities, funerals, weddings, special events, and the like. The City shall notify Stonebrook Church in advance of any planned Mini Pitch related leagues, tournaments, or events. Stonebrook Church’s activities shall take precedence over the City’s activities, when possible. Scheduling conflicts shall be addressed and resolved by approval from both parties. 171 4. Stonebrook Church grants the City the use of Stonebrook Church property as stated above free of charge or rent with the understanding that the City shall not owe Stonebrook Church any duty of care or maintenance with respect to said land. 5. Any lighting of the Mini Pitch at the park will be subject to park hours. 6. Subject to an appropriate easement, the City will install at its cost an accessible walkway between Stonebrook Church parking lot and the City Park property. The walkway will be on both the Stonebrook Church property and the City property. The City will be responsible for all ongoing maintenance of the walkway. Stonebrook reserves the right to expand its parking lot, which may or may not include removal of part of the accessible walkway. Any removal of the accessible walkway would be at Stonebrook’s expense, and Stonebrook would be responsible for constructing at its expense any connections or new walkways to the Mini Pitch resulting from the expansion of the parking lot. 7. The accessible walkway and Mini Pitch will be constructed to not increase or impede the flow of stormwater towards the church parking lot. 8. Stonebrook Church will have the ability to rent the Mini Pitch facility free of charge for up to 72 hours per year for Stonebrook Church related activities. Stonebrook Church would need to follow Parks and Recreations process for rentals/reservations. 9. With the installation of the Mini Pitch facility, the City would provide and maintain one accessible portable restroom at Lloyd Kurtz Park, which Stonebrook Church could use. 10. The City indemnifies and holds harmless Stonebrook Church for any injuries that may occur to any individuals using the parking lot for City activities during times the City has use of the parking lot. 11. This agreement replaces the prior agreement approved by the Ames City Council on the 10th of November 1998. With the approval of this agreement, the Nov. 10, 1998 agreement between the City and Stonebrook Church is null, void, and unenforceable. 12. This agreement shall remain in effect for twenty-five (25) years from the date of its execution. Prior to that date, the agreement may be cancelled only by agreement of both parties. CITY OF AMES _____________________________ Date:_____________________ John A. Haila, Mayor ATTEST: 172 _____________________________ Date:_____________________ Renee C. Hall, City Clerk STONEBROOK COMMUNITY CHURCH, AMES, IOWA _____________________________ Date:_____________________ Matthew J. Heerema, Lead Pastor, Chairman of Board of Trustees 173 ATTACHMENT B MINI PITCH PROJECT AT LLOYD KURTZ PARK PUBLIC INPUT A public input session was held Monday, February 5, 2024 at Stonebrook Church with approximately40 people in attendance. Staff started the meeting by sharing a new playground and swings with a concrete walkway surrounding the equipment will be installed this spring. Connections from the existing paths to the new walkway will be installed to make the playground are accessible. Vegetation throughout the park will also be cleaned up. Staff then gave an overview of the proposed project and then asked for feedback. Comments and questions (with responses) from the meeting, as well as, emails received are shown below. Questions posed are listed below with responses from staff. Public Input Comments and Questions (Staff Responses in Red): • If there is a portable restroom, bolt it down so it cannot be tipped over. (Staff indicated this can be done or an enclosure like is in Roosevelt Park could be installed) • There needs to be a path from the Church parking lot to the shelter so people with strollers, etc. can get there without having to go across the grass . (Staff indicated there is no funding for this right now, however, this could be discussed as a future project. Staff asked that if this were to be added, would the neighborhood like a sidewalk along Hyde as well which would create a loop around the park which is similar to what was done at Inis Grove Park. Attendees were very much in favor of this idea.) • Need to educate people to park in the Church parking lot rather than on the street. • Need signage to direct people to park in the Church parking lot. • Parking on Hyde (Wellbeck to Bloomington) is dangerous because Hyde is a busy street and parking is on the west side of the street. • Do not allow parking on Hyde from Wellbeck to Bloomington. • There needs to be a traffic light at the Hyde and Bloomington intersection. (Staff indicated the City’s Traffic Engineer said a traffic study had been conducted at one time and the results warranted a signal at this intersection. No time frame has been determined as to when this will be installed.) • Parking in the cul-de-sacs create issues for residents to get out of their driveways. • There is a camp who picks up and drops off campers at Lloyd Kurtz Park. This causes congestion as parents park on Hyde and in the cul-de-sacs because it is close to the shelter. (Staff will contact the camp to have them pick up and drop off campers in the Church parking lot) • Install a pedestrian crossing at Grant Circle. 174 • Is anything going to be done to the Church playground? (Stonebrook Community Church indicated there are no current plans for the Church playground and if there were any public comments or feedback, direct them to the Church to address) • Will there be a shelter added near the mini pitch courts? (There is no shelter included in the project) • What is the size of the goals and what material are the nets made of? (Goals measure approximately 7.5 feet wide x 6 feet tall x 3 feet deep. Nets material is galvanized chain link. The specifications for the goals are shown below.) • Will there be a sign with instructions on how to play and the rules listed? (Staff indicated this is something that could be included) • It is important to not over program the courts so neighborhood kids can use the courts. • How often will the mulch around the playground equipment be changed and/or replenished? (The existing mulch will be removed prior to the new equipment being installed with new mulch being added after installation. Under swings is a trouble spot and swing mats will be installed under the swings at Lloyd Kurtz Park. Mulch is added as needed after the initial installation.) • How can the community help make this a reality? (Individuals, businesses, Friend Groups, and Neighborhood Associations have made donations to various projects throughout the years to bring them to fruition.) • Has there been a noise study done to determine how much noise the new activities will create? (Staff mentioned a noise study is not planned for this project) • Need to have Police drive by to check on the park. (Staff will discuss this with the Police Department staff) • Need to add no smoking signs in the park. (Staff said all parks are tobacco and vape free and that signs can be added) • Add more trees. (Staff will discuss this topic with the City Forester) • Will there be benches added to the playground area when the equipment is replaced? (Staff said yes) • The Eisenhower and Bloomington intersection can also be busy, can a traffic light be installed at this intersection as well? • Signage should be added to the Wellbeck to Bloomington section of Hyde and should include speed limit signs and “children at play” signs. • Two courts would be great, but because of cost, maybe one should be put in first. • Put pitches in other areas of the community and not just in Lloyd Kurtz Park. • Not excited about having pickleball in the park. • When will the lights be on? (Staff said the lights would be programmed to be on when activities (i.e. leagues, rentals, etc.) would be held but would be on no later than 10:30 pm.) 175 • Is there a way for lighting to be turned on for drop -in use? (Staff indicated a push button is used on tennis courts so drop-in users can use the courts after sunset. This same system could be used on these courts.) • Go big (two courts). One could be for soccer and the other could be for mixed use. • Some attendees like the mixed use idea. • If basketball hoops are included on the mini pitch courts, can they be adjustable? (Staff indicated that because of the design of the mini pitch goals, the hoop height would not be able to be adjusted) • Can the goals on the current basketball pad be replaced with adjustable hoops? (The current hoops are adjustable with the baskets set at 10 feet. If the neighborhood would like the height of the baskets to be different, we can do that. The crank handles are not left in the parks as this has created multiple problems (i.e. crank handles stolen, gears stripped, etc.) in the past.) • The courts should just be for soccer as soccer facilities are underrepresented in the park system. Most parks have basketball, several have pickleball, and few have soccer. • What are the maintenance items and costs associated with the mini pitch courts? (Operational costs such as trash pickup will be minimal as staff already picks up trash at Lloyd Kurtz Park. There is very little maintenance to be done to these courts. Every 8-10 years, the courts will need to be resurfaced which is estimated at approximately $15,000 in 2024 dollars.) • You mentioned lights would be able to be on during park hours which end at 10:30 pm. Is it possible to have lights turn off earlier during the school year than in the summertime? (This is possible; however, staff would need to have more discussion on this topic and maybe gather additional feedback.) • Consider placing the courts end to end rather than side by side. This would provide more sideline area for people to watch from. • Please include the image of the playground when notes are sent out. (The playground for Lloyd Kurtz Park is shown below.) • How long will it take to install the playground? (It is staff’s goal to install the playground in 2-3 weeks.) 176 Email Correspondence: Good morning – Thanks for your recent flyer regarding the proposed mini-pitch project at Lloyd Kurtz Park. We are not able to attend the currently scheduled public meeting on 2/5/2024, but would like to share some input and ask a few questions. As neighborhood residents of Bloomington Heights, we are interested in the proposed project. Any project that encourages kids and adults to get outside and move is a good thing. However, as close residents to the park, we do have a few questions and concerns. 1. The most prevalent of our concerns is parking. With the paving of Grant Avenue as it extends north from Hyde Avenue into Gilbert, the traffic on Hyde has increased significantly. Parking on Hyde is on the west side of the street only, and this requires parents and kids to have to run across Hyde to get to the park. We have seen more than a few close calls. When the park gets busy, we also see cars parked illegally on the east side of Hyde (closest to the park) while picking kids up, especially when there are scheduled events in the park. This serves to further increase the congestion of Hyde traffic and results in more than a few unsafe conditions. With the addition of the proposed mini-pitch project, how will an increased need for parking be addressed? I think the most acceptable solution (as confirmed with the current signage on Windfield Drive) would be for the park participants driving to Lloyd Kurtz, to park in the Stoneb rook Community Church lot. Will additional signage be implemented to promote more parking at the church when visiting the park? (The City is updating an agreement with Stonebrook Church to continue to allow park users to park in the Church parking lot. Signage and additional educational methods will be developed to educate users of where to park. Staff will discuss with the City’s Traffic Engineer about parking on Hyde between Wellbeck and Bloomington.) 2. There is currently a large amount of green space at Lloyd Kurtz park. We are assuming that the new mini-pitch project will take up some of that space. Can you explain exactly where the mini-patch will exist within the park and how large it will be? Hopefully close to the church lot, to help encourage parking there? (The size of the courts and where they will be located are shown in the two diagrams below. On the green space diagram, the courts are shown as the white rectangles.) 177 3. Will the new mini-pitch be enclosed in some sort of fencing, and if so, will it be locked during certain hours, or open 24/7? (The courts will be fenced and will be but unlocked. The courts will be subject to park hours, 6:00 a.m.-10:30 p.m. The picture below shows what they would look like.) 178 4. Will the new mini-pitch require any additional lighting? If so, how will the lighting be scheduled? Or would a timer be utilized? Currently, the shelter at Lloyd Kurtz has lighting and electrical outlets based on a switch. We’re wondering if a timer would be a better solution, as many times, the lights are left on throughout the night. If there are to be lights at the new mini-pitch, we would be in favor of some sort of timer here as well. This would save money on electricity and avoid some light pollution. (The lights would have photocell so they could be turned on when it is dark. They will also have a timer so they cannot be turned on outside of park hours, 6 am – 10:30 pm. The City does have a night sky ordinance so the lights will need to be compliant with the ordinance. The picture below shows that the light is directed to the courts.) 5. Finally, we have a question about noise. Depending on where the new mini-pitch is to be located within the park, noise can be a concern. This is especially true if it is multi-use and pickleball is involved. We’ve been around several pickleball courts and they can be very loud and the sound constant throughout the day. This can be a detriment to those working from home. If pickleball is authorized and 179 encouraged, how will you promote any sound reduction/dampening policies, and how will you enforce them? (There was a mixed response from attendees regarding pickleball with some wanting it and others not. Staff would need to do research as to what is available to control noise from pickleball. As a sidenote, there are pickleball courts at Inis Grove, Brookside, and Emma McCarthy Lee Parks and there are no noise reduction strategies in place.) Thanks for taking the time to request input and questions. We are disappointed that we can’t make the public input meeting, be we hope to hear back from you soon. --------------------------------------------------------------------------------------------------------------------- Hello Courtney and Keith, I live at 3908 Welbeck Drive in Ames, so just a couple of blocks from Lloyd Kurtz Park. I was able to attend the public input meeting last night but had to leave prior to the conclusion and did not have a chance to provide some input, so I wanted to send a n email. I think the meeting went well and I was very glad to hear that the playground equipment at the park will be replaced this spring. The playground has become a hazard over the past few years. Prior to receiving the notices about the mini-pitch I knew nothing about this type of court so I appreciate learning more about it. The following are some comments that I didn't get a chance to make last night (some from prior to the meeting and some that I developed during the meeting). 1. One of my biggest concerns is traffic in the area. a. People often park along Hyde to go to the playground. If they park on the correct side of the road, kids are often darting out of cars or from between cars to get to the playground. If people park on the no -parking side of the road, the roadway is narrowed even more than it already is and with the amount of traffic on Hyde it makes navigating this area challenging. (Please see some of the responses in the comments and questions section at the beginning of this document.) b. The crosswalk that has been added across Hyde at the end of Welbeck is appreciated but the number of vehicles, the speed that they travel along Hyde, and the slight bend in Hyde to the north of the crosswalk makes this a dangerous place for kids to cross. I have seen kids stand at the crosswalk for minutes trying to cross and have ended up going over to help them. Cars often do not slow down for adults and kids and it seems like they are often traveling over the posted speed limit. It might also be nice to have a 4-way stop or some way of slowing vehicles down at Hyde and Harrison. Many vehicles are just passing through the neighborhood to get from Gilbert to Ames. This is now locally called the Hyde Highway. (Staff will discuss this with the City’s Traffic Engineer.) c. There have been multiple accidents at the intersection of Hyde and Bloomington. The crest of the railroad makes it difficult to see vehicles (especially small vehicles) coming from the west. My understanding from the meeting last night is that a 180 traffic study has been done and a traffic light is warranted. Funding for the traffic light will come from the developers to the north when they plat the development, date to be determined. If a light is already needed, then there should be funding, it shouldn't be up in the air for some later date. Adding a new attraction (the mini-pitch courts) will only increase traffic (vehicles, pedestrians, and bikes). Has there been any talk about putting in a traffic circle rather than a light at this intersection? While vehicles may be encouraged to park in the church parking lot, pedestrians and bikes will come from all directions and will have to access the park from multiple directions, crossing Bloomington at this time is already challenging and dangerous. (Staff will discuss this with the City’s Traffic Engineer.) • d. There is a camp that utilizes the park during the summer for pick up and drop off. During these times cars park on the right side and wrong side of the road, cars pull u-turns along Hyde along the park and at the Hyde/Welbeck intersection, children and parents are all over the place. This area is just a mess. (Staff will contact the camp to have them pick up and drop off campers in the Church parking lot) 2. I did not realize until this discussion that people could even park in the church parking lot. There needs to be more awareness of this with signs, communication with users, etc. It would be nice really if there was no parking on Hyde between Bloomington and Welbeck or even further no rth to encourage users with vehicles to park in the church parking lot. (Staff will discuss this with the City’s Traffic Engineer.) 3. During the meeting it was brought up that a path all the way around the park might be nice. This idea, I agree with. It would also allow for people who do park in the church parking lot to have paved access to the playground. Currently if they park in t he church parking lot they either have to walk across the field or they have to walk along Bloomington, cross Hyde, walk north on Hyde, and then cross Hyde again. More direct, paved routes would be nice. 4. I mentioned to a co-worker the mini-pitches and he said that they are loud. This is something that was brought up last night as a concern. I live several blocks away and I think that there is enough ambient noise most of the time that I won't hear the pitches, but I do imagine this could be a concern for those that live around the park, both north and south of Bloomington and west of Hyde. 5. I was wondering if a roller hockey rink was considered instead of a mini-pitch. I imagine this might be less expensive (more in line with the current funds available). This could be used in the spring, summer, and fall, and then flooded in the winter fo r an outdoor ice hockey rink. My family doesn't play soccer but would be very interested in a hockey rink and find it much more useful. (This has not been discussed. ISU had a roller hockey rink years ago and Parks and Recreation did offer some programming which was not very successful. ISU eventually demolished it.) 6. Adding a shelter to the court/rink area would be nice to provide an area for people attending functions on that end of the park somewhere to sit. 181 7. The tipping of the port-a-potties is an issue. I find them gross anyway and my daughter refuses to use one so we always have to go home if she needs facilities at the park. And I know there were different alternatives discussed last night, some more permanent than others. On construction sites they sometimes tie them down with a cable or two over the top that is then secured to the ground. This is so they don't tip over from wind or bored kids. (Staff addresses this concern in the first bullet under the Public Input Comments and Questions section) Thank you for allowing the community a chance to provide input on the changes to this park. I think many of us are looking for how to better the community and have been frustrated with the deterioration of the playground and the increased traffic on Hyde a nd the impacts of this on the neighborhood and quality of life. --------------------------------------------------------------------------------------------------------------------- Thanks for the presentation last night and the addressing of neighborhood questions and suggestions. The mini-pitch is a great addition to the park. We are very concerned about the traffic at the intersection of Bloomington Road and Eisenhower. It is currently challenging to make left turns onto Bloomington Road from Eisenhower due to traffic. It is even more challenging to try and cross Bloomington Road with a stroller and young children. When the mini-pitch has been installed, older kids will be trying to cross on their own. With added traffic due to parking at the church these challenges will increase. This is a huge safety issue for both cars and pe ople at this intersection. Could a 4-way stop, traffic lights, or at least a crosswalk option be put at this intersection? With the increased emphasis on parking at Stonebridge Church on Eisenhower Avenue for the park, it seems that this will be at least as important as the proposed traffic light at Bloomington and Hyde, which is only a 3 -way intersection. (Staff will discuss this with the City’s Traffic Engineer.) Thanks for listening to all suggestions to make this a fun and safe environment. --------------------------------------------------------------------------------------------------------------------- Dear Courtney and Keith, I received a postcard informing me of a meeting scheduled on Feb. 5 to gather public input regarding a proposed mini-pitch court at the Lloyd Kurtz Park. I would like to provide my input via this email because I can't join the meeting in person. I have been living next to the Park since 1999 and I like it a lot. It is a versatile open public space within walking distance to my house that provides a flat and grassy area useful for various activities. Throughout the years I have seen people playing soccer games, frisbees, kites, small drones, cross country training, dodgeballs and many other sports, not to mention daily routines like jogging and walking dogs, in the park. In addition, during summer people do stargazing, picnicking and other summer ac tivities and during winter people do skiing/skating practices and other winter sports, in the park. In my opinion, a flat open space without any barrier, like the Lloyd Kurtz Park is now, provides 182 the greatest flexibility for many different uses. Such flexibility also benefits most people, from toddlers who play hide and seek in the park to old folks like me who just enjoy a walk in the breeze and watch other people play in the park. The postcard you sent did not specify the proposed size and location of the mini -pitch court, but I believe it is going to take away most, if not all, of the open green space at Lloyd Kurtz Park. It will also establish permanent barriers and restrict activ ities only to a limited set of supported sports. Therefore, for people who don't play soccer or pickleball games, this mini-pitch court will not be useful at all. Personally, I am too old to play soccer without risking breaking my bones. :) Note that there is already a basketball court at the Park so we don't need another one. (The park is four acres and one mini pitch court will use 3.3% of the space and two courts will only use 6% of the space. There will be plenty of green space left for other activities. Please see the Green Space picture earlier in this document.) In my opinion, if the City has the money, it should be spent first in fixing existing problems in the Park before building new facilities. For example, the small shelter had a concave, water impenetrable floor that was constantly water logged, forcing all picnic tables to be moved around. The trail was routinely driven on by service vehicles, and because of its narrow width and curvature, some grass were permanently killed and muddy spots were created along the trail. The recent construction of some concrete plates for BBQ stands and portable restrooms was a good idea, but that work killed even more grass and created an even larger muddy area near the shelter. Fixing these existing problems in the Park will be far more helpful and appreciated than building a nything new. And if you do have money left to build new facilities, a tennis court or badminton court that will not take away as much green space and can be used by more people of varying age groups will probably be more useful than the mini-pitch court. (Staff will be addressing these items as possible.) I can imagine it must have taken a great deal of your effort to plan for the mini -pitch court and budget for it. You must also be very enthusiastic and proud to present your mini -pitch court plan to the neighborhood around the Park. I hope my negative opin ions will not disappoint you too much, or discourage you from planning other great things for the City of Ames in the future. --------------------------------------------------------------------------------------------------------------------- Hello Courtney and Keith- I am not able to attend the Monday, February 5 meeting on this project. However, I wanted to offer some thoughts. I have lived in the Bloomington Heights neighborhood for nearly 16 years. We love this neighborhood! It is lively, full of children, wonderful, thoughtful neighbors, and, excellent citizens. I have noticed over the years that the crossing of Bloomington & Hyde has become exceedingly busy. The additional housing, the extra churches that have been added, and 183 the businesses that include Casey’s, Fareway, etc., have increased traffic in this area. There are times you must wait at least five minutes to turn from Hyde onto Bloomington due to high traffic and long lineups. This is often dangerous because of the rate of speed of people coming over the railroad tracks traveling east on Bloomington- Not only are they traveling fast but you often can’t see them until they are close to Hyde Road. Can we please consider the urgency of a stoplight at this corner of Bloomington and Hyde? If this mini pitch project is added to the area, the traffic will become even more concerning. The project sounds fantastic as long as additional parking and a stoplight are added. (Please see comments earlier in this document related to the Hyde and Bloomington intersection and parking.) Please consider this very important safety addition as there is a growing number of children, drivers, and law abiding citizens. --------------------------------------------------------------------------------------------------------------------- Courtney, Where in Kurtz park would this be located? Are restrooms also planned as part of this project? (Please see the Green Space picture earlier in this document for the location of the courts. No permanent restrooms are planned for this park.) --------------------------------------------------------------------------------------------------------------------- Thank you for hosting the meeting last night! I had to get to a coaching session last night so had to leave early and was unable to give feedback publicly. I really like the idea of two courts as I believe it gives greater flexibility in being able to run events whether that be leagues, tournaments, etc. I also like the idea of one of the meeting participants who suggested having one court be soccer specific and the other being multi-use. It also seemed that based on pricing you get more bang for your buck in installing two vs. one court. I am not too sure on the Kick It Forward fundraising piece of the puzzle but if it’s a possibility to raise the money for two that would be great. Overall, it seemed like there were more issues raised that were not specifically related to the installment of the courts but instead related to other existing problems and challenges. I hope that the installation of the courts moves forward and it will no t only help promote the game of soccer but will add to the diversity of Ames Parks. Thanks again and good luck with the project. --------------------------------------------------------------------------------------------------------------------- 184 ITEM #:27 DATE:02-27-24 DEPT:P&R SUBJECT:FITCH FAMILY INDOOR AQUATIC CENTER COUNCIL ACTION FORM BACKGROUND: At its January 23 and February 20 meetings, City Council approved the fourteen bid packages for the Fitch Family Indoor Aquatic Center. Two additional items need approval and/or direction from Council. The first is a change order for construction support services which will be incurred by Story Construction throughout the project. The second relates to direction staff received from City Council on January 23 regarding adding items to the project since bids came in so favorably. A detailed description of both of these items follows. CHANGE ORDER FOR CONSTRUCTION SUPPORT SERVICES: During contract negotiations with Story Construction (SC) for Construction Management Services, one item discussed but not included in the contract was construction support services (CSS). The reason it was not included is that SC was not able to provide a cost estimate for these services without knowing the full scope of the project. The scope is now clear and the cost for the CSS is $978,886. This amount is included in the overall construction budget of $18,901,146 which was presented to Council at its February 20 workshop. A list of what is included in the CSS is shown in Attachment A. This list is not all-inclusive, but includes items such as storm water pollution prevention, dumpsters, fencing, sanitary facilities, project signage, snow and ice removal, and construction management software. These are items that are included in most projects, but the itemization of them is more transparent in the Construction Manager delivery model as compared to the more traditional General Contractor model where these costs are included. These CSS will be procured by SC and billed to the City without any markup. Since the CSS are not included in any contract, Change Order #1 adds $978,886 to the current Story Construction contract. The original contract is in the amount of $1,392,229. With approval of Change Order #1, the new amount of the contract will be $2,371,115. ADDITIONAL ITEMS TO POTENTIALLY BE ADDED TO THE PROJECT: At its January 23, 2024 meeting, City Council directed staff to bring to Council a list of items that could be added to the project since bids came in almost $3 million less than the Construction Manager's cost opinion. Staff has had conversations with the Construction Manager and Architect, reviewed the items that were removed through Value Engineering, and discussed internally. The items staff has identified as possible additions are shown below: Solar Panels on the Natatorium Roof - The natatorium roof is 174’ x 97’ for a total of about 17,000 square feet. According to Joel Zook, City of Ames Energy Services Coordinator, it is a good practice to place 1 kW of solar for every 100 sf. This is usually generous enough spacing that it holds even when HVAC and plumbing are taken into account. With this estimate, 170 kW of solar could be installed on the roof. Joel estimates the cost of installation of a system this size will range from $330,000 to 185 $420,000, with $375,000 as the midpoint price. Operationally, a system this size could be expected to produce 221,000 kWh per year. The Large Commercial energy cost is $0.0644 per kWh, so the value of this energy savings to the facility's operating cost could be approximately $14,200 per year. Since the Aquatic Center energy use could be quite large in comparison to this solar output, Joel's assumption is that none of the energy would be exported back to the grid and will instead be used directly in the building. A key point to consider is that the solar tax credit is now available as a direct payment to nontaxable entities, including cities. That could lower the cost of the solar installation project by 30%. Tile Lap Pool Lane Lines - The current plans specify the lane lines in the lap pool to be painted black. These black lines fade more quickly than the rest of the white paint which shortens the length of time between paintings. By installing black tile lane lines, they will remain black which is aesthetically pleasing, and will reduce the painting maintenance required over the lifespan of the building. The cost estimate for this change is $65,000. Bench Seating with Storage Cubbies in Multipurpose Room - The multipurpose rooms will be used for fitness classes, youth activities, and events. There is currently nothing in the plans which would provide users to sit down, store a coat or backpack, or for parents and/or caregivers to sit and watch during youth activities. Adding bench seating with storage cubbies underneath at a cost of $15,000 would increase the service level for activities in this space. Donor Wall - A donor wall has always been discussed to thank the generosity of the individuals, businesses, and organizations who are helping make this facility a reality. The downside of these discussions is that no funding was set aside for this purpose. Staff is recommending $50,000 be included for the wall. Increase FF&E Budget - The current budget includes $500,000 for furniture, fixtures and equipment (FF&E). Staff is not sure this will be enough and recommends adding $100,000 to this line item. A compilation of the above expenses is shown below: ITEM ESTIMATED COST Solar Panels on the Natatorium Roof $420,000 Tile Lap Pool Lane Lines $ 65,000 Bench Seating with Storage Cubbies in Multipurpose Room $ 15,000 Donor Wall $ 50,000 Increase FF&E $100,000 Total $650,000 The next question Council may ask is how could we fund this $650,000 of additional costs. There are two possibilities. First, Council could direct staff to use project contingency for these items. The contingency available is $2.1 million which is 11.1% of the current construction cost ($18,901,146). According to RDG and Story Construction, a 5% contingency for construction is what they see for other projects they are involved with. If contingency was used to pay for the additional $650,000 for the items above, there would still be $1,450,000, or 7.7%, available for unanticipated the construction costs. 186 The second possibility is to not use contingency, but instead issue additional G.O. Bonds for these items. Council has approved issuing bonds up to $21.2 million if needed. With all fourteen bid packages awarded, the total project cost without the above items is $29,100,118. The amount of G.O. Bonds needed for the project now is approximately $17 million leaving approximately $4 million additional bonding capacity available. By issuing the least amount of bonds as possible, the City of Ames residents will benefit by having a lower tax burden to pay off this debt. Staff is planning on issuing a majority of the bonds in September 2024 as well as a much smaller amount in September 2025 if needed. If the Council decides to approve any, or all, of the suggested additions, a wiser course of action would be for the Council to direct staff to use contingency funds now for these items and if additional funding is needed towards the end of the project, the amount of G.O. Bonds issued in 2025 could be increased. ALTERNATIVES: 1. Fitch Family Indoor Aquatic Center a. Resolution approving Change Order #1 increasing the Story Construction contract for Construction Support Services in the not to exceed amount of $978,886 b. Resolution approving those additional items identified by the City Council to be added to Fitch Family Indoor Aquatic Center project c. Direct staff to use contingency funds for the additional items 2. Fitch Family Indoor Aquatic Center a. Resolution approving Change Order #1 increasing the Story Construction contract for Construction Support Services in the not to exceed amount of $978,886 b. Resolution approving those additional items identified by the City Council to be added to Fitch Family Indoor Aquatic Center project c. Direct staff to use contingency funds for the additional items 3. Fitch Family Indoor Aquatic Center a. Resolution approving Change Order #1 increasing the Story Construction contract for Construction Support Services in the not to exceed amount of $978,886 b. Do not approve additional items to be added to Fitch Family Indoor Aquatic Center project 4. Refer back to staff CITY MANAGER'S RECOMMENDED ACTION: To continue to move forward with the Fitch Family Indoor Aquatic Center, the items described in this report are needing action from Council. The construction support services described in the change order to Story Construction's contract are necessary for every project. When using a General Contractor (GC), the City never sees these expenses because they are imbedded the GC's bid. Since the City is using a Construction Manager for this project, the knowledge of these expenses is more transparent. These expenses will be passed through Story Construction to the City with no markup included. The change order to Story Construction's contract is being done to document these expenses. The City will only pay for what is used for the project so the final cost of the change order may be less than $978,886. 187 The additional items recommended by staff will improve the overall experience of the users, reduce ongoing maintenance items, add a sustainable energy option while reducing operational expenses, and create a lasting legacy for all the generous donors to this project. To fund these items, the contingency fund is healthy for this project, and appears to be the best option to pay for these additional expenses. Therefore, it is the City Manager's recommendation to approve Alternative #1 as described above. ATTACHMENT(S): Attachment A - Construction Support Services (Bid Package #5) 188 GENERAL CONTRACTING | DESIGN+BUILD | CONSTRUCTION M ANAGEMENT 2810 Wakefield Circle Ames, IA 50010 515-232-4358 February 20, 2024 Mr. Keith Abraham, Director of Parks and Recreation City of Ames 1500 Gateway Hills Park Drive Ames, Iowa 50010 Re: Fitch Family Indoor Aquatic Center Construction Support Services (Bid Package #5) Dear Mr. Abraham, A normal and routine aspect of the Construction Manager as an Agent for the Owner (CMa) project delivery system is for the Construction Manager to provide some overall project support that is necessary for successful execution and completion of the project. This support is typically for non- permanent components of the project that are difficult to assign to Bid Package Contractors and support the overall project. On a monthly basis we will accumulate the cost of this support, share supporting documents to substantiate the cost, and submit the information with our invoice. We choose not to add mark-up or profit to these costs. The estimated cost for this support is $978,886. The actual cost will be invoiced to the City of Ames. This is not a guaranteed price nor a not to exceed price. Items currently included within this estimate: 1. Storm Water Pollution Prevention Permits 2. Storm Water Pollution Prevention Inspections 3. Storm Water Pollution Prevention Temporary Measures 4. Concrete Washout Dumpsters 5. Verification of Surveying and Construction Layout 6. Stairs, Decks, and Skirting for Two Office Trailers 7. Rent Temporary Parking at Neighboring Property 8. Project Signage 9. Supplemental Cleanup Through Construction 10. Final Cleaning of the Building. 11. Internet Service 12. Sanitary Facilities 13. Temporary Building Heating and Air Conditioning 14. Trash Dumpsters 15. Temporary Stair Towers for Roof Access for Multiple Trades 16. Temporary Site Fencing 17. Install and Remove Temporary Building Enclosures 189 GENERAL CONTRACTING | DESIGN+BUILD | CONSTRUCTION M ANAGEMENT 2810 Wakefield Circle Ames, IA 50010 515-232-4358 18. Temporary Protection of Floors 19. Temporary Access Roads Common for All Contractors 20. Site Snow and Ice Removal 21. Site Office Supplies 22. Construction Management Software Fee (Procore) 23. Temporary Manhole & Piping to Capture Roof Drain Discharge During Construction 24. Skid Loader for Snow Removal, Street Cleaning, and General Support 25. Temporary Sidewalks for Safe Building Access Some of these items may not be necessary, but additional items may be identified as the project progresses. Please contact me with any questions. Sincerely, Story Construction Co. Troy Turner Senior Project Manager 515-817-2621 190 ITEM #:28 DATE:02-27-24 DEPT:P&H SUBJECT:TEXT AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 29 (ZONING ORDINANCE) TO ALLOW TWO-FAMILY (DUPLEX) DWELLINGS IN ALL RESIDENTIAL ZONING DISTRICTS COUNCIL ACTION FORM BACKGROUND: The City Council has identified implementing the Ames Plan 2040 initiatives related to infill development options for housing as a priority. Additionally, the Council values adding diversity in housing opportunities. Allowing two-family dwellings within all residential zoning districts supports these priorities of the Council. City Council directed staff in August of 2023 to do public outreach on infill housing of ADUs and D u p l e x e s . On October 10, 2023, after reviewing the public outreach responses, City Council directed staff to proceed with zoning text amendments to allow new construction of two-family dwellings (also known as duplexes) within low density residential zoning districts citywide, based upon the draft compatibility standards used for public outreach. Conversions of existing structures will not be allowed, only new construction that conforms to new standards. Staff has refined the standards consistent with this direction and a complete draft of the proposed ordinance is included as Attachment “A”. City Council also provided direction on how to consider two-family dwellings within the “Near Campus Neighborhood” areas. Council directed that the minimum lot size in Near Campus Neighborhoods for two-family dwellings be increased from 7,000 sq. ft. to 10,000 sq. ft. Existing Near Campus two-family dwellings on lots less than 10,000 sq. ft. will become “pre-existing” status, but no new two-family dwellings can be built on lots less than 10,000 sq. ft. Occupancy for rental purposes will be limited to the 2018, bedroom count. Accordingly, total allowable bedroom count for rental occupancy purposes in “Near Campus Neighborhoods” will not be increased with the construction of a new two-family dwelling. Summary of Changes to Chapter 29- Zoning Ordinance The proposed standards address the following primary issues: Existing Duplexes are not subject to the new standards for additions or changes Allowed in all residential zoning districts except Village (Sommerset), private covenants may still restrict their development. New second curb cut allowance to facilitate separated parking designs for a site Minimum of one covered parking space is required per unit. Planning Division staff must approve a zoning permit for design review prior to issuing a building permit. New construction in existing areas must include design elements of roofs form, entrances, window transparency, and orientation consistent with housing on the same block, or nearby if small block. Front door orientation and setbacks from front facades 191 Standards unique to two-family dwellings are proposed in Section 29.410(2). This section includes standards applicable to new construction of all two-family dwellings. There are also additional standards for infill sites located within established neighborhoods. Existing two-family dwellings will be considered “pre-existing” as defined within the Zoning Ordinance and will not be subject to the new standards for remodeling and additions. Pre-existing units may continue indefinitely; however, should a pre-existing two-family dwelling be demolished, the new two-family dwelling would be subject to all current standards. Where Permitted. Currently, two-family dwellings are limited to the RM, FS-RM and RH zoning d i s t r i c t s . The change will allow two-family dwellings in residential zoning districts where previously only pre-existing two-family dwellings were allowed, which include, RL, UCRM, & FS-RL. F-VR Village Residential zoning is not being amended at this time, as this zone only applies in Somerset which has unique design requirements and covenants limiting certain building types. Additionally, the new design requirements will apply in RM, FS-RM, and RH which is more restrictive than today where they are permitted with no additional requirements. Please note that although the zoning may allow for two-family homes, private subdivision covenants may still restrict this building type just as was discussed during the ADU text amendment process. Single-family homes will not be allowed to convert to a two-family use. Two-family dwellings will only be allowed only as new construction. New construction can be on a vacant lot in an established neighborhood or built as new development. Parking & Driveways . The current requirement for two parking spaces per dwelling will continue; however, a garage space will be required for one of the spaces per unit. Currently in the city there are no covered parking requirements, but this was added in consideration that most single-family neighborhoods do include at least one covered garage parking space. The standards do not preclude the use of a two-car garage for each dwelling; however, other standards such as maximum driveway width and driveway separation requirements, as well as compatibility standards for established neighborhoods will influence the design and may limit the orientation of the garage to a street or potentially its overall size. Existing requirements allow a garage door width no greater than 20 feet per dwelling unit (Section 29.408(7)(a)(iii)(d)). Constructing a two-family dwelling with 40 feet of continuous garage doors facing the street will not meet existing neighborhood compatibility standards and will have to be broken up or placed in the rear. Current driveway regulations for single-family and two-family properties limit a property to one curb cut & driveway unless there is 150 feet of frontage. Essentially, a site must be a corner lot to have a second driveway. Additionally, there is a 75’ separation distance required (Section 29.406(10)(b)(ii)). As staff evaluated the design goals for two-family dwellings and in response to one developer comment, staff concluded having only one 20’ wide driveway on a two-family property would limit design layout options and functionality. In some cases, a single driveway access point may be able to allow for a driveway to flare out and provide access to multiple garages. If the one driveway limit is maintained, it would not allow for split garage designs on opposite sides of the building. It would result in only one garage space per unit unless the garage is in a rear yard. Allowing the second curb cut would take a street parking space away but give the builder more choices in building design. Allowing two-family dwellings to have more than one driveway cut was not discussed during public outreach, but this change is proposed in the draft ordinance by staff. 192 Staff met with the city’s traffic engineer to better understand SUDAS regulations and to understand required driveway design standards and spacing. No change to the actual design requirements is proposed for driveway approach design, all driveways would still require at least a 3-foot taper at the curb and typically 5 feet of curb would be needed between tapers, resulting in 11 feet of separation. Functionally, a property would likely have to have at least 65 feet of lot frontage to accommodate two driveways and potentially meet the other design requirements. Staff supports amending Section 29.406(10)(b)(ii) to allow two driveways for two-family dwellings with the intent that neighborhood compatibility would still apply and not necessarily permit split driveway designs in all neighborhoods. Design and Orientation. The proposed standards require two-family dwellings to be designed to have the appearance of two identifiable separate units in terms of materials and architectural treatments, when both front doors face the street on the primary facade. This standard will apply to all new two-family dwellings. Alternatively, the building can locate one entrance on the primary façade with the second unit’s entrance to the side or rear. Two-family dwellings located on a corner lot may locate a front door on each street facing façade as well. Dwelling units may be located side-by-side, in tandem (second unit behind front unit), or stacked. Entrances. The primary entrance for at least one of the units shall be on the primary façade or on a recessed façade that is setback from the primary façade by not more than 12 feet. The draft regulations used the term “not substantially setback from the front façade.” A recess of more than 12 feet is now defined as substantial. Within the Zoning Ordinance, several overlay zones require a minimum (4-foot or 8-foot) recessed façade along with the primary façade. Having a recessed façade can add variation and interest in the building form when it is appropriately dimensioned. Windows and Transparency . All primary façades shall include a minimum solid to void ratio of 15%. This prevents blank walls that create a blocked-off street frontage. This standard is already utilized in the Single-Family Conservation Overlay (O-SFC). Current definitions describe how the standard is applied. Block Face Evaluation and Neighborhood Compatibility . Ames Plan 2040 policies emphasize infill compatibility and the protection of neighborhood character in established neighborhoods. Compatibility of new construction will be achieved by incorporating a prevalent architectural style and/or prevalent features currently existing on the block face within established neighborhoods into the design. An evaluation of the block face will determine if a uniform architectural style is present among the single-family homes and/or if prevalent styles exist in the treatment of roof design, primary entries, windows, and garage placement. The block face includes all properties facing one side of a street in a block. Neighborhood “style” varies among neighborhoods depending upon the year of construction. New neighborhoods are proposed to be exempt from the strict application of the design compatibility due to lack of established character. The most notable feature that will be determined by the block face evaluation will be the determination of where driveways and garages can be placed in relation to the front (street facing) façade of the building. There are three garage/driveway patterns that may emerge within established neighborhoods: • A flush or nearly flush front-loaded garage accompanied by a driveway not having a width greater 193 than 20 feet (most predominant pattern). o Garages that protrude from the front façade are not allowed, unless it can be documented that this pattern is existing and prevalent on the street block. o A street-facing garage door(s) shall not exceed 50 percent of the total front façade width. • An attached or detached garage located at the rear of the house or in the rear yard accompanied by a driveway usually along one side of the house. o Locate the garage at the rear of the two-family dwelling or as a detached garage in the rear yard. o Alternatively, the garage may be located a minimum of 18’ from the front façade of the two-family dwelling. All garages, attached or detached, shall be set back a minimum distance of 18 feet behind the primary facade of the principal building on the lot. • An attached or detached garage located at the rear of the house or in the rear yard accessed from an alley. o Garages shall be located either at the rear of the two-family dwelling or as a detached garage in the rear yard. o Any new driveway shall be constructed with access only from the alley. The driveway leading from an alley to the entrance of a garage shall be either 8 feet from the property line abutting the alley or a minimum of 20 feet from the property line abutting the alley. In all areas, side loading and rear placed garages are allowed, if other required standards are met. Additionally, detached garages shall comply with the accessory building regulations described in Sec. 29.408(7), for allowable setbacks, maximum size, and maximum building height. Other features that might emerge from the evaluation and impact the design are roof design, entrance features, and window styles and proportions. • Incorporate prevalent roof forms from the block face evaluation that represent compatible features, such as hipped roofs, gables, and dormers. • Entrances. Incorporate prevalent entrance features from the block face evaluation that represent compatible features, such as porches, stoops, sidelights. • Windows and Transparency. Incorporate window style and proportions from the block face evaluation, if a predominate style is evident. This is key element in that generally single-family home windows are important design feature of a single-family home and exceed minimum dimensions of the building code. When a structure utilizes only minimum dimension requirements of the building code, it will often not be consistent with surrounding home designs. Block faces with an eclectic mix of single-family home styles will have few, if any, features to replicate and there will be more flexibility for the builder to propose a design that is generally compatible with the block. A zoning permit will be required for two-family dwellings before a building permit can be issued. This will allow review for compliance with the two-family standards of the zoning ordinance. The application for a two-family home zoning permit will require an applicant to assess the block face and identify what features are proposed to address these criteria. PLANNING & ZONING COMMISSION RECOMMENDATION: On January 17, 2024, the Planning and Zoning Commission reviewed the text amendments to Chapter 29, Zoning Ordinance. The commission debated the balance of these standards with maybe allowing for more housing to be built. Several commissioners questioned why single-family home conversions to two-family dwellings were not being allowed. Staff responded that with the current price point for new 194 construction being so high, City Council felt it important to maintain the existing single-family inventory that may be affordable as ownership housing opportunities, rather than promote its transition to investment property. One commissioner strongly opposed the whole concept of adding two-family dwellings into single- family neighborhoods and voted against the text amendments. The final vote of the Commission was 5- 1 to recommend approval of the draft ordinance amending Chapter 29 as proposed by staff for new construction only. State Legislation The Iowa Legislature is considering a bill (SF 2154) that among other issues will limit the ability of a City to apply building materials and other architectural design requirements related to roofs, windows, doors for one family, two-family, and multi-family buildings of 12 units or less. The proposed bill currently includes exceptions for historic districts, PUDs, and special purpose zoning districts. If this bill is enacted as proposed it would render many of the proposed design compatibility standards unenforceable in standard residential zoning districts. They could still be applied to more limited areas of the City within the language of special purpose districts. The bill has moved out of committee but has not proceeded to the Senate Floor for approval. Staff believes that some version of this bill will likely get approved during the legislative session. With this bill pending, staff still believes City Council should proceed with the Hearing and have first reading of the ordinance. However, staff recommends that ultimately the third reading of the ordinance and adoption of the ordinance does not occur until the Bill has been resolved at the legislative level because it would impact many of the standards in this ordinance. If that occurs, City Council will have to decide if it wants to allow more limited zoning options for duplexes or if duplexes without design requirements will still be desirable in all zoning districts. ALTERNATIVES: 1. Approve on first reading, the draft ordinance text amendments to Chapter 29, included as Attachment 'A', allowing two-family dwellings in all residential districts. 2. Approve on first reading, a modified version of the draft ordinance text amendments to Chapter 29, included as Attachment 'A', allowing two-family dwellings in all residential districts. 3. Hold the public hearing, but take no action to approve on first reading the ordinance until a decision on SF 2154 has occurred. 4. Hold the public hearing and decline to approve the proposed text amendment. CITY MANAGER'S RECOMMENDED ACTION: During the 1980s and 1990s several low density and medium density zoning districts allowed for two- family dwellings to be constructed. The city currently has over 1000 two-family dwelling units. Due to sensitivity of design issues and over concentration of rental properties, the new zoning ordinance adopted in 2000 eliminated options for new two-family dwelling construction in almost all zoning 195 districts. These existing two-family dwellings were identified as a “pre-existing” use that allowed for them to be maintained and altered. Consequently, very few two-family dwellings have been constructed since 2000. In support of the City Council’s goal of valuing diverse housing options, this zoning text amendment will introduce an expansion of this type of housing option. Policies of Ames Plan 2040, require infill development to give consideration to design context. Support for infill is based upon the concept of contextual design for compatibility, the goal is not strictly to increase density as efficiently as possible, but instead to allow for integrated design into a neighborhood. The city has examples of both compatible and integrated two-family dwelling designs and those that are not designed in a context- sensitive manner. Design standards have been added to help ensure compatibility of the new construction with the existing homes in an established neighborhood. Two-family dwellings can only be established through new construction and are not allowed to be established by conversion of an existing single-family home. The conversion limitation is intended to preserve existing affordable single-family housing stock and to not incent its conversion to two-family dwellings that would not meet the standards of the new design requirements. Although the design requirements will add cost and require builders to consider site specific situations, staff believes that the standards include an appropriate balance of considerations. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, approving the first reading of the draft ordinance text amendments to Chapter 29, allowing two-family dwellings in all residential districts. Note that staff supports first reading at this time but will recommend final adoption not occur until resolution by Legislature of SF 2154. Third reading would tentatively be planned for March 27th. ATTACHMENT(S): DRAFT_ORDINANCE_Zoning_Text_Amendments_for_Two-Family_Dwellings_2.5.24.pdf Attachment_B_-_Two-Family_Zoning_Text_Amendment_Presentation.pdf 196 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 29, ZONING, FOR THE PURPOSE OF ALLOWING TWO-FAMILY (DUPLEX) DWELLINGS IN RESIDENTIAL DISTRICTS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Chapter 29, Zoning, as follows: “CHAPTER 29, ZONING * * * Sec. 29.201. DEFINITIONS. * * * (104) If Preexisting means having been established pursuant to a City of Ames Zoning permit of record prior to the effective date of this Ordinance. * * * (XXX) Near Campus Neighborhoods means certain neighborhoods near Iowa State University, as designated by a Resolution adopted by the City Council. * * * Sec. 29.406 OFF-STREET PARKING. * * * (10) Driveways. * * * (b) Additional driveways. * * * (iii) New construction of a Two-Family Dwelling may have a second driveway approved by the Planning and Housing Director subject to size and appearances standards of Sec. 29.410 and all other specifications and spacing requirements, including conformance with all driveways design specifications including but not limited to widths, flares, sidewalk slope, and separation from other driveways (e.g. five feet) and property lines in accordance with the Driveway Manual. * * * 197 Sec. 29.410. SIZE AND APPEARANCE DETACHED OF DWELLINGS. (1) Detached Dwellings. All non-attached dwelling structures of any kind located outside the RLP Zone, shall meet the following minimum standards: (a) (1) The principal portion or main body of the principal structure shall have a width and length of not less than 20 feet. (b) (2) The siding of any dwelling unit shall consist of wood, simulated wood siding (to include horizontal lapped steel, vinyl, or aluminum siding), brick, stone, stucco or concrete and, furthermore, shall not have an appearance or condition incompatible with conserving the market value and beneficial use and enjoyment of adjacent buildings, as determined by the person responsible for zoning administration. Any person aggrieved by that determination may appeal to the Zoning Board of Adjustment as by law provided. (2) Two-Family (Duplex) Dwellings. (a) Where Permitted. Pre-existing Two-Family Dwellings are a defined use within zoning district use tables. Remodeling and additions to Pre-existing Two-Family Dwellings are not subject to the requirements of this section. New construction of a Two-family Dwelling is permitted within specified zoning districts subject to compliance with the zoning standards and compatibility criteria of this section. New construction is for a wholly new Two-Family Dwelling and does not allow for the conversion of, or addition to, an existing single-family dwelling to create two units. (b) Near Campus Neighborhoods. The minimum lot size for new construction of a two-family dwelling is 10,000 square feet. See also Chapter 13, Rental Code, limitations for occupancy of newly constructed dwellings based upon bedroom room counts established in 2018. (c) Parking. (i) A minimum of one garage parking space shall be provided per unit. A total of two parking spaces per unit is required. (ii) If creating a parking lot of more than four spaces, landscape buffering is required [see Sec. 29.403(2)(h)]. (d) Entrances, Design, and Orientation. (i) The primary entrance for at least one of the units shall be on the primary façade or on a recessed façade that is not substantially set back from the primary facade, e.g. by no more than 12 feet. (ii) When both entrances face the street on the primary façade, the Two-Family Dwelling shall be designed to have the appearance of two identifiable separate units in terms of materials and architectural elements. (iii) Dwelling units may be located side-by-side, in tandem (second unit behind front unit), or stacked. (e) Windows and Transparency. The principal and recessed facade calculated together shall include a minimum solid to void ratio of 15%. (f) Building Materials. Requirements of Section 1(b) above apply. (g) Neighborhood Compatibility. Approval of a Two-Family Dwelling requires a determination that the architectural design and layout of the site are designed to be compatible with the surrounding neighborhood’s design 198 character for height, orientation, and architectural design elements. Compatible means designed in a similar manner to the representative style of the area or includes features of the representative style and layout to be harmonious with the character of the block face. In established neighborhoods, compatibility of new construction is achieved by incorporating a prevalent architectural style and/or incorporating prevalent features currently existing on the block face. The compatibility determination begins by first evaluating the block face to determine if a uniform architectural style is present among the single-family homes and/or if prevalent styles exist in the treatment of garage placement, roof design, primary entries, and windows. The block face includes all properties facing one side of a street in a block. For short blocks with few examples, relevant homes for evaluation may also include properties adjacent to the site that are not on the block face. Neighborhood “style” varies among neighborhoods depending upon the year of construction. For developing neighborhoods where a style has not been established, any combination of compatible elements may be approved for a new Two-Family Dwelling. (i) Orientation of Garage and Driveway Placement. Within established neighborhoods, there are three typical garage/driveway patterns that may emerge and be applied to a project: a) A flush or nearly flush front-loaded garage accompanied by a driveway width that typically does not exceed 20 feet (most predominant pattern). For this pattern, garages that protrude from the front façade are not allowed, unless it can be documented that this pattern is existing and prevalent on the street block. A street-facing garage door(s) shall not exceed 50 percent of the total front façade width. b) An attached or detached garage located at the rear of the house or in the rear yard accompanied by a driveway usually along one side of the house. For this pattern, locate the garage at the rear of the Two-Family Dwelling or as a detached garage in the rear yard. Alternatively, the garage may be located a minimum of 18 feet from the front façade of the Two-Family Dwelling. c) An attached or detached garage located at the rear of the house or in the rear yard accessed from an alley. For this pattern, garages shall be located either at the rear of the Two-Family Dwelling or as a detached garage in the rear yard. Any new driveway shall be constructed with access only from the alley. In all areas, side loading and rear placed garages are allowed, as long as other required standards are met. Additionally, detached garages shall comply with the accessory building regulations described in Sec. 29.408(7), for allowable setbacks, maximum size, driveways, and maximum building height. (ii) Roof Design. Incorporate prevalent roof forms from the block face evaluation that represent compatible features, such as hipped roofs, gables, and dormers. (iii) Entrances. Incorporate prevalent entrance features from the block face evaluation that represent compatible features, such as porches, stoops, sidelights. (iv) Windows and Transparency. Incorporate window styles and proportions from the block face evaluation, if a predominate style is evident. 199 (h) Overlay Zone. If the property is in an overlay zone, it may be subject to additional design standards. In the event of conflict between overlay regulations and the regulations included herein, the overlay regulations shall control. * * * Sec. 29.501. CLASSIFICATIONS OF USES. * * * Table 29.501 (4)-1 RESIDENTIAL USE CATEGORIES * * * Household Living * * * Subcategories of Uses Single Family Dwelling House: A detached structure containing one Residential Unit * * * Sec. 29.701. "RL" RESIDENTIAL LOW DENSITY. (1) Purpose. This zone is intended to accommodate primarily single-family dwellings, while accommodating certain existing compatible two-family dwellings and other uses customarily found in low-density residential areas. * * * Table 29.701(2) Residential Low Density (RL) Zone Uses USE CATEGORIES STATUS RESIDENTIAL USES * * * Household Living Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 200 Table 29.701(3) Residential Low Density (RL) Zone Development Standards DEVELOPMENT STANDARDS SINGLE FAMILY TWO FAMILY DWELLING * * * Sec. 29.702. "RM" RESIDENTIAL MEDIUM DENSITY. * * * Table 29.702(2) Residential Medium Density (RM) Zone Uses USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES * * * * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.702(3) Residential Medium Density (RM) Zone Development Standards DEVELOPMENT STANDARDS RM ZONE *** * * * 201 Sec. 29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE. * * * Table 29.703(2) Urban Core Residential Medium Density (UCRM) Zone Uses USE CATEGORIES STATUS RESIDENTIAL USES Household Living * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.702(3) Urban Core Residential Medium Density (UCRM) Zone Development Standards DEVELOPMENT STANDARDS UCRM ZONE *** * * * Sec. 29.704. "RH" RESIDENTIAL HIGH DENSITY. * * * Table 29.704(2) Residential High Density (RH) Zone Uses USE CATEGORIES STATUS * * * Household Living * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 202 Table 29.702(3) Residential High Density (RH) Zone Development Standards DEVELOPMENT STANDARDS RH ZONE *** * * * Sec. 29.1202. "F-S" SUBURBAN RESIDENTIAL ZONE. * * * Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density (FS-RL) Uses USE CATEGORIES STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES * * * * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density (FS-RM) Uses USE CATEGORIES STATUS *** Household Living *** Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 203 Sec. 29.1203. “F-PRD” PLANNED RESIDENCE DISTRICT * * * Table 29.1203(4) Planned Residence District (F-PRD) Floating Zone Uses Single Family House Dwelling Two-Family House Dwelling * * * * * * Sec. 29.1501. BUILDING/ZONING PERMIT. (1) Permit Required. * * * (e) Zoning Permits for new construction of Two-Family Dwellings require approval by the Planning and Housing Director prior to issuance of a building/zoning permit. Modification or remodeling of a pre-existing Two-Family Dwelling is subject to only a building/zoning permit review. Approval of a zoning permit requires a determination that the project complies with all zoning standards and the architectural design is compatible with the surroundings as defined within 29.410(b). Applications for a Two-Family Zoning Permit shall include information required by the Planning and Housing Director to identify the prevalent style and features incorporated into the design to meet the neighborhood compatibility requirements.” Section Two. Violation of any provision of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section designations are subject to change during the codification process. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of . ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 204 Two-Family Units (Duplexes) ▪February 25, 2024 Zoning Text Amendment 205 City Council Goal & Ames Plan 2040 ❖Council Goal – We Value Diverse Housing Options ❖Plan 2040 Implementation - Various Policies to Evaluate and Support Infill Housing Options ❖Housing projections assume mix of housing types ❖Focus on context and neighborhood compatibility to guide infill of all types 206 Void to Solid Ratio –15% min. h Void to Solid Ratio = 25% h Void to Solid Ratio = 18% Definitions already in the Zoning Ordinance Elevations Solid Areas Void Areas Example 1: Example 2: 207 Established Neighborhoods -Pattern Analysis Evaluate the Block Face – all properties facing one side of a street in a block. May include adjacent properties that are not on the block face, if there are too few examples. 208 Single-Family “Pattern” Replicate Garage/Driveway Pattern Duplex Application of the “Pattern”Single-Family “Pattern”209 Single-Family “Pattern” Replicate Garage/Driveway Pattern Duplex Application of the “Pattern”Single-Family “Pattern”210 Single-Family “Pattern” Replicate Garage/Driveway Pattern Duplex Application of the “Pattern”Single-Family “Pattern”211 Roof Patterns -Residential (Ames) Side Gabled Hipped with Ridge Dormers 212 Roof Patterns -Residential (Ames) Dormers Side Gabled Front Gabled 213 Entry Patterns –Residential (Ames) Flush Projecting Recessed Projecting Porch with Flush Entry 214 Resources Available for Easy Analysis City Assessor Tools are Helpful in Determining Recesses & Projections 215 Visual Examples of Compatible Architecture 216 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:February 27, 2024 Subject:Sale of MGMC property at 2310 East 13th Street to Hunziker & Associates Item No. 29 MEMO Mary Greeley Medical Center (MGMC) is planning to sell real property at 2310 East 13th Street in Ames to Hunziker & Associates. Although the Iowa Code and the Ames Municipal Code both authorize the city hospital to sell its property on its own, 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 Attorney 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 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 on, 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. ATTACHMENT(S): Res 24-02 Proposing Sale of Land-Signed.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 217 218 ITEM #:30 DATE:02-27-24 DEPT:PW SUBJECT:2023/24 PAVEMENT RESTORATION - SLURRY SEAL PROGRAM COUNCIL ACTION FORM BACKGROUND: The Slurry Seal Program is an annual program applying a variety of preventative and proactive maintenance techniques to preserve and enhance street pavements. The techniques in this program are typically more specialized or larger in scope than can be performed by City maintenance staff. The Slurry Seal Program levels joints and provides a new thin wearing surface for traffic, predominately on residential streets, limiting the typical disruption to residents to no more than one day. On February 21, 2024 bids for the project were received as follows: Bidder Bid Engineer's Estimate $198,575 Fort Dodge Asphalt Company $186,693 There is $250,000 of Road Use Tax funding allocated to this program annually in the Capital Improvement Plan, of which $216,815 remains available for this project. A list of proposed project locations is attached. ALTERNATIVES: 1. a. Accept the report of bids for the 2023/24 Pavement Restoration - Slurry Seal Program. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Pavement Restoration - Slurry Seal Program to Fort Dodge Asphalt Company of Fort Dodge, IA in the amount of $186,693 2. Reject the bids and direct staff to make changes to this project. CITY MANAGER'S RECOMMENDED ACTION: Accepting the report of bids and awarding this project will extend the lifespan of the streets in the program and provide a better traveling experience for users of the corridors and those living in the neighborhoods. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2023-24 Pavement Restoration - Slurry Seal Locations.docx 219 Street Name and Location (Full Width Slurry)Estimated SY Actual SY Carroll Avenue 13th to 16th Street 3,825 Carroll Avenue 16th Street to Duff Avenue 1,990 Village Drive Tripp Street to Tripp Street 3,565 Wheeler Street Hoover Avenue to Roy Key Avenue 5,900 Garner Avenue Wheeler Street to Jefferson Street 2,355 Garner Circle 800 Jefferson Street Hoover Avenue to Garner Avenue 3,165 Jefferson Circle 750 Nixon Avenue Wheeler Street to Jefferson Street 2,400 Nixon Circle 1,350 TOTAL 26,100 Street Name and Location (Joint Leveling Slurry)Estimated LF Actual LF Various Locations throughout Ames 35,000 TOTAL 35,000 220 ITEM #:31 DATE:02-27-24 DEPT:PW SUBJECT:2023/24 CAMPUSTOWN PUBLIC IMPROVEMENTS (WELCH AVENUE AND CHAMBERLAIN PLACE) COUNCIL ACTION FORM BACKGROUND: This project includes construction of sanitary sewer, storm sewer, and water main improvements along with pavement reconstruction in the 200-block of Welch Avenue . This project will also include multi-modal improvements to transition the dedicated bike lanes from the 100-block to on street shared roadway along Welch Avenue from Chamberlain St to Knapp St. In addition to these improvements, an inclusive crosswalk at Chamberlain St and Welch Ave is also part of the project. Pavement improvements for Chamberlain Place (the narrow street behind Pizza Pit) will also be part of the construction contract. On February 21, 2024, bids for the project were received as follows: Bidder Base Bid Amount Alternative 1 (Thermoplastic X- walk) Engineer's estimate $1,236,535 $ 10,000 Con-Struct Inc $1,696,747 $175,000 J & K Contracting $1,707,633 $175,000 On Track Construction $1,869,500 $176,750 Staff reviewed the bid tab and identified one item that was significantly higher than expected. Included in all three base bids is a range of $175,000 to $185,000 for the installation of the Inclusive Crossing utilizing painted symbols and markings. These amounts are substantially greater than engineer's cost opinion of $10,000. As a result of the high bids for the crosswalk work, the Purchasing Division staff has advised to award the project, and then have City Council approve a deduction change order to remove the crosswalk item from the contract. Public Works staff then will paint the crosswalk at the completion of the project. Change Order No. 1 is to remove bid item No. 8.05 Painted Symbols and Legends, Inclusive Crossing in the amount of $185,000. By removing this bid item from all the bidders, Con-Struct Inc still remains the lower bidder. 221 Funding Source Available Revenue Estimated Expenses 2023/24 Campustown Public Imp. (G.O. Bonds)$ 1,200,000 2023/24 Water Utility Fund 2023/24 Sewer Utility Fund $ 400,000 $ 200,000 Construction (Base Bid) Change Order No. 1 $ 1,696,747 $ -185,000 Engineering Administration $ 200,000 TOTAL $ 1,800,000 $ 1,711,747 ALTERNATIVES: 1. a. Accept the report of bids for the 2023/24 Campustown Public Improvements (Welch Avenue and Chamberlain Place) project. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Campustown Public Improvements (Welch Ave and Chamberlain Place) project to Con-Struct Inc, of Ames, Iowa, in the amount of $1,696,747 for base bid. d. Approve Change Order No. 1, a deduction in the amount of $185,000 for removal of item 8.05 Painted Symbols and Legends, Inclusive Crossing. 2. Award the contract to one of the other bidders, with the same deduct change order required. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will result in lower street maintenance costs, improve area drainage, and improve water main and sanitary sewer capacity. Approving the project and approving the deduct change order to remove the painted crosswalk item will save an inordinate project expense. City staff will paint the crosswalk after completion of the project and maintain it along with the original inclusive crosswalk a near the library. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Project Map.pdf Inclusive Crosswalk.pdf 222 2023/24 Campustown Public Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection S D U F F A V E SE 16TH STS 16TH ST CA R D I N A L R D BU C K E Y E A V E ¯Pavement Improvements Welch Avenue - Chamberlain St to Knapp St. Chamberlain Place - Chamberlain St to Hunt St KNAPP ST CHAMBERLAIN ST ST A N T O N A V E HA Y W A R D A V E HUNT ST HUNT ST Water Improvement (Only) Pavement & Underground Improvements 223 D D D S D D E E E X X X X G G STORM MH 03967 RIM=953.21' INV. 30"RCP (N+S)=943.06' INV. 12"RCP (SE)=948.01' INV. 12"RCP (E)=949.41' INV. 6"CMP (E)=949.63' 8' ' S A N 8' ' S A N 8' ' S A N 8' ' S A N 8' ' S A N 8' ' S A N 8' ' S A N 8''SAN 8''SAN 8''SAN 8''SAN 8''SAN 12 ' ' S A N 12 ' ' S A N 12 ' ' S A N 12 ' ' S A N 12 ' ' S A N 30 ' ' S S 30 ' ' S S 30 ' ' S S 30 ' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 15 ' ' S S 12''SS 30 ' ' S S 15''SS 15''SS 15''SS 8' ' S A N 8' ' S A N G G G G G G 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 8''W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6' ' W 6''W E E E E E E E E E E E E E E E E E E E E E E E E E E E E E G G G G G G G G G 12 ' ' W 12 ' ' W 12 ' ' W 12 ' ' W 12 ' ' W 6' ' W 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN WE L C H A V E N U E WE L C H A V E CH A M B E R L A I N S T 1+ 0 0 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 12' ' S S 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN 4''SAN 0 5 10 © MSA Professional Services, Inc. www.msa-ps.com ENGINEERING | ARCHITECTURE | SURVEYING FUNDING | PLANNING | ENVIRONMENTAL 2023/24 CAMPUSTOWN PUBLIC IMPROVEMENTS CITY OF AMES STORY COUNTY, IOWA PROJECT NO. 05286056 SHEET N.01 DRAWN BY: PDS DESIGNED BY: PKM CHECKED BY: AJI INCLUSIVE CROSSWALK - CHAMBERLAIN & WELCH. PLOT DATE: 1/18/2024 8:14 AM, G:\05\05286\05286056\CADD\Construction Documents\05286056 N Sheets.dwg PROJECT DATE: . NO.REVISION BY .. .. .. DATE . . . . . .(515) 964-1920 1555 SE Delaware Ave, Ankeny IA 50021 10 2 . 0 " 8. 0 " 8. 0 " 8. 0 " 8. 0 " 7.0" 70.0" 7.0" 14.0" 14.0" 14.0" 14.0" 14.0" 14.0" 62. 0 . " 62. 0 " 62. 0 " 62. 0 " 62. 0 "52. 0 " 86.6" 71.6" 56.7" 71.6" 86.6" COLOR CODE = 770088 COLOR CODE = 004CFF COLOR CODE = 028121 COLOR CODE = FFEE00 COLOR CODE = FF8D00 COLOR CODE = E50000 COLOR CODE = 000000 COLOR CODE = 613915 COLOR CODE = 73D7EE COLOR CODE = FFAFC7 COLOR CODE = FFFFFF COLOR CODE = FFD800 COLOR CODE = 7902AA PROGRESS + INTERSEX FLAG DETAILS (TYP.) THE EAST CROSSWALK REPRESENTING THE GENDER NONBINARY FLAG HAS BAR DIMENSIONS OF 2' X 8.5' SPACED 1.5' ON CENTER. THE WEST CROSSWALK REPRESENTING THE TRANSGENDER FLAG HAS BAR DIMENSIONS OF 2' X 7.0' SPACED 2.5' ON CENTER. THE NORTH CROSSWALK REPRESENTING THE PHILADELPHIA PRIDE FLAG HAS BAR DIMENSIONS OF 1.5' X 6.0' SPACED 3' ON CENTER. SEE PROGRESS + INTERSEX FLAG DETAILS (THIS SHEET). CENTER FLAG IN EACH DRIVE LANE. COLOR CODE = F5ABB9 COLOR CODE = 5BCFFB COLOR CODE = FFFFFF COLOR CODE = FCFCFC COLOR CODE = 9D59D2 COLOR CODE = 282828 COLOR CODE = 770088 COLOR CODE = 004CFF COLOR CODE = 028121 COLOR CODE = FFEE00 COLOR CODE = 000000 COLOR CODE = 613915 COLOR CODE = E50000 COLOR CODE = FF8D00 BASE BID 1.INCLUSIVE CROSSWALK BASE BID (LS) SHALL INCLUDE ALL MARKINGS SHOWN ON THIS SHEET EXCEPT PARALLEL CROSSWALK EDGE LINES. 2.DURABLE PAINT: GENDER NONBINARY, TRANSGENDER, AND PHILADELPHIA PRIDE CROSSWALK MARKINGS SHALL BE DURABLE 3.THERMOPLASTIC: INCLUSIVE FLAG CROSSWALK MARKINGS SHALL BE THERMOPLASTIC. 4.PAVEMENT GROOVING SHALL BE INCIDENTAL TO THIS BID ITEM. ALTERNATE BID - THERMOPLASTIC 1.INCLUSIVE CROSSWALK ALTERNATE BID (LS) SHALL INCLUDE ALL MARKINGS SHOWN ON THIS SHEET EXCEPT PARALLEL CROSSWALK EDGE LINES. 2.THERMOPLASTIC: ALL CROSSWALK MARKINGS SHALL BE THERMOPLASTIC. 3.PAVEMENT GROOVING SHALL BE INCIDENTAL TO THIS BID ITEM. INNER DIAMETER = 16.8" OUTER DIAMETER = 21" NOTE: 1.REFER TO ADDITIONAL N SHEETS FOR BASE BID PAVEMENT MARKINGS NOT RELATED TO THE INCLUSIVE CROSSWALK. 2.ALL FOUR CROSSWALKS SHALL HAVE 6" PARALLEL WHITE LINES ON BOTH SIDES. WHITE LINES SHALL BE DURABLE PAINT. CROSSWALK EDGE LINES SHALL BE INCLUDED UNDER SEPARATE BID ITEM. SEE ESTIMATE REFERENCE INFORMATION. ALL DIMENSIONS SHOWN ARE FOR REFERENCE ONLY. ACTUAL DIMENSIONS SHALL BE CONFIRMED IN THE FIELD. 134" 13 4 " 22 4 ITEM #:32 DATE:02-27-24 DEPT:PW SUBJECT:2023/24 COLLECTOR STREET PAVEMENT IMPROVEMENTS (6TH STREET FROM BROOKRIDGE AVENUE TO NORTHWESTERN AVENNUE) COUNCIL ACTION FORM BACKGROUND: This annual program utilizes current repair and reconstruction techniques to make pavement improvements to streets that are chosen in accordance with the most current street condition inventory. This project includes replacing existing street pavement on 6th Street from Brookridge Ave to Northwestern Ave with 8” concrete pavement, upgrading pedestrian facilities to meet the current federal regulations, repairing storm/sanitary sewers, and replacing a small section of existing 6” water main with a new 8” water main. On February 21, 2024, bids for the project were received as follows: Bidder Base Bid Amount Engineer's estimate $1,141,766.18 Con-Struct Inc 1,003,926.00 All Star Concrete LLC 1,032,954.53 Absolute Concrete 1,045,701.66 Brothers Concrete 1,174,308.87 Available Revenue Estimated Expenses 2023/24 Collector St. - (G.O. Bonds) Bridge Rehab Program - (G.O. Bonds) 2023/24 Collector St. - (Road Use Tax) Water Utility Fund Sewer Utility Fund $ 1,200,000 120,000 75,000 50,000 50,000 Construction Engineering/Administration $1,003,926 $172,000 TOTAL $1,495,000 $1,175,926 ALTERNATIVES: 225 1. a. Accept the report of bids for the 2023/24 Collector Street Pavement Improvements (6th Street from Brookridge Avenue to Northwestern Avenue) project. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Collector Street Pavement Improvements (6th Street from Brookridge Avenue to Northwestern Avenue) project to Con-Struct Inc, of Ames, Iowa, in the amount of $1,003,926. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will result in lower street maintenance costs, improve area drainage, and provide a better rideability. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 6th Street Phase 1.pdf 6th Street Phase 2.pdf 226 2023/24 Collector Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection S D U F F A V E SE 16TH ST CA R D I N A L R D BU C K E Y E A V E ¯Phase I 6th Street - Brookridge Ave to Northwestern Ave KNAPP ST CHAMBERLAIN ST ST A N T O N A V E HA Y W A R D A V E HUNT ST HUNT ST 6TH ST N 4TH S T 5TH ST 7TH ST N H A Z E L A V E NO R T H W E S T E R N A V E RI D G E W O O D A V E BR O O K R I D G E A V E 227 2023/24 Collector Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection S D U F F A V E SE 16TH ST CA R D I N A L R D BU C K E Y E A V E ¯Phase 2 6th Street - Brookridge Ave to Northwestern Ave KNAPP ST CHAMBERLAIN ST ST A N T O N A V E HA Y W A R D A V E HUNT ST HUNT ST 6TH ST N 4TH S T 5TH ST 7TH ST N H A Z E L A V E NO R T H W E S T E R N A V E RI D G E W O O D A V E BR O O K R I D G E A V E N 4TH S T 5TH ST 7TH ST NO R T H W E S T E R N A V E N H A Z E L A V E RI D G E W O O D A V E BR O O K R I D G E A V E 5TH ST 7TH ST N 4TH S T NO R T H W E S T E R N A V E N H A Z E L A V E RI D G E W O O D A V E BR O O K R I D G E A V E 5TH ST 7TH ST N 4TH S T NO R T H W E S T E R N A V E N H A Z E L A V E RI D G E W O O D A V E BR O O K R I D G E A V E 228 ITEM #:33 DATE:02-27-24 DEPT:ELEC SUBJECT:ROOF REPLACEMENT AT THE POWER PLANT COUNCIL ACTION FORM BACKGROUND: Several of the Power Plant roofs have been identified by a roof consultant as needing to be replaced. Leaking portions of the roof have the potential to create a safety hazard and cause issues with operations. This project will consist of replacement of approximately 18,840 sq. ft. of existing built- up roofing on three separate roof areas and levels. This area is about half of the total roof square footage at the Power Plant. Work will also include the installation of new roof drains, replacing some metal deck, and removal and deck infill of obsolete roof top units. The new roof system is designed to provide an effective service life of at least 20 years. SCOPE AND FUNDING: It was originally anticipated that roof replacement could occur in several phases over several years. However, as the specifications for the roof replacement project were developed, it became clear that the area of the roof that requires more urgent replacement is larger than originally anticipated. Therefore, the project consultant assisted staff with preparing specifications containing a base bid and bid alternate, as well as alternative materials to encourage multiple bidders. The Engineer's estimate is $1,352,000 for the complete scope of work. In addition to providing flexibility in the scope and acceptable materials through the bid specifications, staff identified alternative funding sources to ensure the project could be accomplished in a timely manner, given the urgency of the need to repair the deteriorated roof sections. When the project was initially budgeted, it was believed that the roof replacement could be accomplished in several phases over several years. Therefore, the approved FY 2023/24 Capital Improvements Plan (CIP) contained $150,000 for construction of phase one of the roof replacement. This funding, combined with other Power Plant building modification carryover funds from prior years, results in an available balance of $1 8 3 ,1 0 0 . In addition, highly favorable construction bids were received for the RDF Bin Renovation project, resulting in that project containing an available balance of $2,071,380. The remaining funding necessary to complete this roof replacement project will be taken from the savings in that project. It should be noted that the adopted FY 2023-2028 CIP planned for funding in each of the first three years for the phases of Power Plant roof replacement. The FY 2024-2029 CIP presented to the City Council in February 2024 was modified from the previous CIP to reflect the roof replacement occurring this fiscal year in a single phase through this project, using funding that has already been accumulated as described above. BID ALTERNATES: The Base Bid includes replacing only the most critically needed sections of roof out of the portion of the roof that the consultant notes requires replacement (~50% critical areas of the 18,840 sq. ft. 229 total area needing replacement). This area of roof would be replaced with a highly durable material that contains granules on the cap sheet that give it better grip compared to a PVC membrane. This more durable material was recommended by the roof consultant because of how much the roof areas are used for access to equipment during maintenance and operation activities. Alternate Bid 1 includes replacing the same area as the Base Bid (~50% critical areas of the 18,840 sq. ft. total area needing replacement) with a PVC membrane, which is a less durable material. The roof material in Alternate Bid 1 would require Power Plant staff to place mats and boards any time there is foot traffic, scaffolding, or other activities requiring the use of the roof area. Alternate Bid 2 includes replacing the remaining portion of the roof noted by the consultant as needing to be replaced (not the critical areas, but areas that are deteriorated) with the more durable granule membrane material specified in the Base Bid. Alternate Bid 2A is for replacing the same area as Alternate Bid 2, but with the less durable PVC membrane. On January 9, 2024, City Council approved preliminary plans and specifications for Roof Replacement at the Power Plant. Bid documents were issued to ten firms and five plan rooms. The bid was advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation. On February 14, 2024, four bids were received as shown on the table below. BIDDER BASE BID (Critical Areas Only - Granule Surface) ALTERNATE BID 1 (Critical Areas Only - PVC Surface) ALTERNATE BID 2 (Non-Critical Areas Only - Granule Surface) ALTERNATE BID 2A (Non-Critical Areas Only - PVC Surface) Central States Roofing Ames, IA $796,000 $506,000 $795,000 $590,000 Academy Roofing & Sheet Metal Company Des Moines, IA $799,500 $712,500 NO BID NO BID Hopkins Roofing Pella, IA $968,161.84 $841,150.91 $957,620.16 $836,618.10 T&K Roofing Ely, IA NON- RESPONSIVE Staff evaluated bids and determined the bid from T&K Roofing was non-responsive, as the contractor did not submit the correct bid form and left off critical pricing information. Staff determined that the bid from the apparent low bidder, Central States Roofing of Ames, Iowa, is acceptable. Because of the frequent needs to access parts of the roof for maintenance and operational activities at the plant, staff would like to perform replacement of the entire section of roof that the consultant identified as needing replacement and to install the more durable material. Therefore, 230 staff is requesting award of the Base Bid and Alternate Bid 2 for a total cost of $1,591,000. ALTERNATIVES: 1. Approve the final plans and specifications and award a contract to Central States Roofing of Ames, Iowa, in the amount of $1,591,000 (inclusive of Iowa sales tax) for the Base Bid and Alternate 2. 2. Award a contract to another firm. 3. Select a different combination of Base bid or Alternates. 4. Reject the bids and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: The Power Plant roof is in need of repair. It is important to make the repairs to continue to provide a safe and effective work environment. The repairs are planned for in the Capital Improvements Plan and available funding from savings in the RDF Bin Renovation project will allow the project to be completed more quickly. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above. 231 ITEM #:34 DATE:02-27-24 DEPT:PW SUBJECT:2021/22 STORMWATER EROSION CONTROL (BLOOMINGTON WATERWAY) COUNCIL ACTION FORM BACKGROUND: This annual program provides for stabilization of areas that have become eroded in streams, channels, swales, gullies, or drainage ways that are part of the stormwater system. This program provides a more permanent control of the erosion and will reduce recurring maintenance costs in these areas. The location for this project is Bloomington Waterway from Hyde Avenue to Harrison Road . The waterway has continued to erode toward adjacent townhomes with sediment and nutrients flowing east into Ada Hayden Heritage Park wetlands. This project involves stabilization and relocation of a portion of the waterway to protect adjacent townhomes and prevent migration of nutrients and sediment into the wetlands. The bid package included two add alternate bid options for bank stabilization. Alternate A is for Flexamat Flow Transition Mat, which is an interlocking "blanket" of concrete blocks. Alternate B is for Rip Rap, Class E, which is large limestone. Flexamat is typically more expensive than limestone, but provides a cleaner look and higher level of protection. On February 21, 2024 bids for the project were received as follows: Bidder Base Bid + Alternate A Base Bid + Alternate B Engineer's Estimate $ 281,810.00 $ 271,910.00 Con-Struct Inc $ 206,340.00 $ 186,540.00 Nagel Construction LLC $ 257,192.50 $ 235,192.50 Available revenue will allow for awarding the base bid along with Alternate A. Revenues and expenses associated with this program are estimated as follows: Revenue Expenses Stormwater Erosion Control Program (Stormwater Utility Fund)$ 250,000 Stormwater Quality Improvements (Stormwater Utility Fund)$ 100,000 Construction $ 206,340 Engineering/Administration (Est.) $ 70,000 Total $ 350,000 $ 276,340 232 ALTERNATIVES: 1.a. Accept the report of bids for the 2022/23 Storm Water Erosion Control (Bloomington Waterway) project. b. Approve the final plans and specifications for this project. c. Award the 2022/23 Storm Water Erosion Control (Bloomington Waterway) project to Con-Struct, Inc. of Ames, Iowa, Base Bid and Alternate A in the amount of $206,340 2. Award the contract to the other bidder. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will provide stabilization of the waterway to protect adjacent townhomes and prevent migration of nutrients and sediment into the Ada Hayden wetlands . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Bloomington Waterway Key Map.png 233 234 ITEM #:35 DATE:02-27-24 DEPT:Electric SUBJECT:MODIFICATIONS TO COMMERCIAL ELECTRIC VEHICLE CHARGING RATE COUNCIL ACTION FORM BACKGROUND: On January 10, 2023, the City Council adopted an ordinance to establish a Commercial Electric Vehicle Charging Rate in the Ames Municipal Code (Sec. 28.106). Currently, one customer takes service under this rate. Over time, staff anticipates more customers taking advantage of this rate in the future. The purpose of the rate is to encourage the charging of commercial electric vehicles during off-peak hours, when the cost for the utility to purchase electricity is low and the use is not expected to contribute to setting a new utility-wide electrical consumption peak. Under the current code language, the billing demand calculated for customers using this rate is the greater of five measurements: A) The peak 15-minute demand measured Monday-Friday from 9 am to 9 pm ("Premium Hours"), B) 30% of the peak demand measured all other hours ("Economy Hours"), C) 75% of the peak demand measured in the prior 11 summer months, D) 60% of the peak demand measured in the prior 11 months (regardless of season), or E) 40 kVA (this serves as a minimum demand for this rate class) These different measurements incentivize customers to use their charging infrastructure during the non-peak "Economy Hours". Doing so allows the customer to qualify for Measurement B to be used to calculate the demand charge. This is a substantial discount compared to the typical commercial rate calculations. However, if a customer uses their charging infrastructure during peak hours for a particular month, the effect will be that their bill for that month will be calculated using that peak demand (Measurement A), and that new peak demand will impact future bills for at least the next 11 months (Measurement C or Measurement D). This results in substantial penalties for a customer charging during a peak time. After the first year of implementation, Electric staff analyzed customer usage to determine if the rate accomplished what was intended and whether any adjustments are necessary. From the data analysis, staff is recommending that the length of the "Premium Hours" should be reduced, thereby increasing the discounted demand period. This change would greatly benefit the customer by giving them more flexibility when charging and shrinks the peak demand change window. This change benefits the Utility by placing more focus on the critical peak period of the day (3 pm to 8 pm) when the Utility typically achieves a new peak. Under the proposed code language, the billing demand would be the greater of A) the peak 15- minute demand measured Monday-Friday from 3 pm to 8 pm or B) 30% of the peak demand measures all other hours. This discount is to incentivize customers to charge outside of the Utility's peak period. This change reduces the on-peak demand window from twelve hours to five 235 hours. The remaining three measurements listed above (C, D, and E) will remain unchanged by the proposed ordinance. ALTERNATIVES: 1. Approve first passage of ordinance amending Chapter 28 Section 28.106 of Ames Municipal Code approving Minor Changes to Commercial Electric Vehicle Charging Rate. 2. Refer this item to staff for further consideration. CITY MANAGER'S RECOMMENDED ACTION: This change to the City's Electric Vehicle charging rate directly benefits electric customers by expanding the window when discounted rates can be applied. At the same time, standard rates are applied if the charging contributes to the City's peak consumption. This is sound rate design containing both incentives and disincentives. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Ordinance Electric Vehicle Chrg Rate.PDF 236 ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 28.106 THEREOF, FOR THE PURPOSE OF AMENDING COMMERICAL ELECTRIC VEHICLE CHARGING RATE REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 28.106 as follows: “Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE. … (2)Intent: Electric Services is a summer peaking electric utility, and as such, the The cost to deliver electricity is generally most expensive during hours of greatest demand. The utility benefits when large electric users reduce their demand during these times. A time-of-day rate is a pricing strategy whereby Electric Services may vary the price of electricity depending on the time-of-day it is delivered to the customer. Energy pricing can encourage the customer to use electricity during times of low demand and discourage use during the peak times of the day. Time-of-day pricing allows Electric Services to better control costs and mitigate any negative system impacts related to times of peak demand. Additionally, offering off-peak rates encourages broader adoption of electric vehicles by allowing low-cost, off-peak energy for customer vehicle charging. (3)Definitions: (a)Premium Energy Hours: Monday through Friday between the hours of 9:00 am and 9:00 pm, excluding federally observed Holidays: (b)Economy Energy Hours: All remaining hours (c)Billing Demand: The “billing demand” shall be the greater greatest of: (i)The peak fifteen (15) minute demand measured between 3:00 p.m. and 8:00 p.m., Monday through Friday during the premium hours of the current monthly billing period; (ii)Thirty percent (30%) of the peak fifteen (15) minute demand measured during all other the economy hours of the current monthly billing period; … 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 237 To:Mayor and City Council From:Mark Lambert, City Attorney Date:February 27, 2024 Subject:Ames Human Relations Commission increase in members Item No. 36 MEMO At the February 13, 2024, Ames City Council meeting, the Council directed the City Attorney to draft an ordinance to increase the number of members of the City of Ames Human Relations Commission from the current five (5) members to seven (7) members. This was in response to a request from City staff in consultation with the current Human Relations Commission members. The attached ordinance would amend Section 14.3 of the Ames Municipal Code, increasing the number of members from five to seven. Staff is requesting that the Council suspend the rules to do all three readings at one meeting, so that the ordinance will be effective prior to the Mayor making the annual board/commission appointments. ATTACHMENT(S): Ordinance AHRC Members.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 238 ORDINANCE NO. ________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 14.3 THEREOF, FOR THE PURPOSE OF AMENDING THE NUMBER OF MEMBERS TO BE APPOINTED TO AMES HUMAN RELATIONS COMMISSION AND REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 14.3 as follows: “Sec. 14.3. COMMISSION APPOINTED. (1)Commission Appointed.The Ames Human Relations Commission shall consist of seven (7) five (5) members appointed by the Mayor with the approval of the City Council. Appointments shall take into consideration the various racial, religious, cultural and social groups and geographical areas within the City of Ames in so far as may be practicable. The term of office shall be three (3) years, and shall begin April 1 of the fiscal year of appointment, except that the Mayor may prescribe a shorter term for any appointment or reappointment in order to stagger terms. Six (6) Four (4) of the members shall serve 3-year terms, and one (1) of the members shall serve a special 1-year term. Vacancies shall be filled for any unexpired term in the same manner as original appointments. Any member or all members of the Commission may be removed from office at any time by the Mayor with the approval of the City Council, for good cause. No member who has served two (2) full consecutive terms is eligible for reappointment. The Commission shall elect one of their members to be chairperson, and develop their own rules of procedure, not inconsistent with this chapter. …” 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 239 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OFAMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 210 South 5th Street, is rezoned from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay (O-E). Real Estate Description: Beginning at the Southwest Corner of Lot 20, Cayler’s Addition to Ames, Iowa; thence N89°23’51”W, 224.97 Feet; thence N00°36’43” W, 619.95 Feet to the south right-of -way line of Fifth Street as shown in Lindholm’s addition to the City of Ames; thence N89°41’56”E, 224.96 Feet along said south right-of-way line to the Northwest of Parcel ‘AX” as shown in Inst. #2013-14924; thence S00°32’28”E, 189.51 feet to the northwest corner of Parcel ‘AZ’ as shown in Inst. #2015-11970; thence S00°35’04”E, 80.38 feet along the west line of said parcel ‘AZ’ to the Northwest corner of Parcel ‘AY’ as shown in Inst. #2014-049095; thence S00°27’15”E, 82.00 feet along the west line of said Parcel ‘AY’ to the point of the beginning. Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 240 Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of ,. Renee Hall, City Clerk John A Haila, Mayor 241 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OFAMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 102 & 116 Hyland Avenue, Ames, Iowa is rezoned with Master Plan from Residential High Density and O-UIW (University West Impact Overlay) to Neighborhood Commercial and O-UIW (University West Impact Overlay). Real Estate Description: Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. 242 ADOPTED THIS day of ,. Renee Hall, City Clerk John A Haila, Mayor 243 ORDINANCE NO. _________ AN ORDINANCE TO GRANT PRIOR APPROVAL FOR AN INDUSTRIAL TAX EXEMPTION FOR AN INDUSTRIAL PROJECT AT 300 SOUTH BELL AVENUE BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One: “Renewable Energy Group, Inc., has proposed an industrial construction project for the property located at 300 South Bell Avenue in Ames. The property owners have applied for prior approval of the partial Industrial Tax Exemption per Iowa Code 427.B4(2). A process for prior approval of an Industrial Tax Exemption for a particular property and project is set out in Iowa Code sections 427B.4 and 427B.1, and that process has been followed. The Ames City Council finds that the proposed project meets the requirements of Iowa Code Chapter 427B, and Ames Municipal Code 24.8, and the project is in conformance with the zoning plans of the City of Ames. The partial Industrial Property Tax Exemption for this property and project is hereby granted prior approval by the Ames City Council for a period of time ending December 31, 2027, for completion of a building in substantial conformance to general site layout and building design as determined by the City of Ames Planning and Housing Director, including a certificate of occupancy from the City of Ames. The approved project will not be entitled to the exemption unless/until the property owner files an application by February 1 of the year for which the total value added is first assessed for the approved completed project and the project is found to be qualified real estate.” Section Two. 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 244