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HomeMy WebLinkAbout~Master - January 9, 2024, Regular Meeting of the Ames City Council1.Proclamation for "Slavery and Human Trafficking Prevention and Awareness Month," January 2024 2.Motion approving payment of claims 3.Motion approving Summary of Minutes of the Regular Meeting on December 12 and December 19, 2023 4.Motion approving Report of Change Orders for period December 1-15, 2023 5.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. American Legion Post #37, 225 Main, Class F Liquor License, Pending Dramshop Review b. Springhill Suites, 1810 SE 16th St, Special Class C Retail Alcohol License c. Blue Owl Bar, 223 Welch Avenue, Class C Liquor License with Outdoor Service and Catering, Pending Dramshop Review d. Dublin Bay, 320 S 16 th, Class C Liquor License with Catering Privilege and Outdoor Service, Pending Dramshop Review e. The Filling Station, 2400 University Blvd., Class E Liquor License f. Clouds Coffee, 119 Stanton Ave Suite 701, Special Class C Retail Alcohol License g. The Angry Irishmen, 119 Main Street, Class C Liquor License with Outdoor Service, Pending Dramshop Review h. Hy-Vee Market Café, 3800 Lincoln Way, Class C Retail Alcohol License with Catering Privilege i. Cy's Roost, 121 Welch Avenue, Class C Retail Alcohol License with Outdoor Service, Pending Dramshop Review j. Tip Top Lounge, 201 East Lincoln Way, Class C Liquor License with Outdoor Service 6.Resolution approving Memorandum of Understanding for Enhanced Security Services (MOU) with the Iowa Department of Management. 7.Resolution approving the Community Attraction and Tourism (CAT) Grant agreement in the amount of $500,000 with the Enhance Iowa Board. 8.Resolution awarding contract to Trivista Companies Inc. of Altoona, Iowa, for CyRide Reconditioned Replacement Engines for a total cost of $116,737.78 AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL *AMENDED* COUNCIL CHAMBERS - CITY HALL JANUARY 9, 2024 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. PROCLAMATIONS: CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 9.Resolution approving partial completion and reducing financial security at Birch Meadows 2nd Addition to $6,335 10.Resolution approving partial completion and reducing financial security at Domani Subdivision 2nd Addition to $52,636 11.Resolution accepting completion of Inis Grove Restroom Renovation Project with HPC, LLC., Ames, Iowa in the amount of $135,000. 12.Staff report regarding Climate Action Plan and Seven Initial Implementation Steps 13.Resolution approving the Auditorium Alcohol and Concession Policy 14.Resolution approving preliminary plans and specifications for the Roof Replacement at the Power Plant, setting February 14, 2024 as the due date for bids, and setting February 27, 2024 as the date of public hearing and award of contract. 15.Hearing on HVAC Replacement at the Power Plant a. Resolution awarding contract to Mechanical Comfort, Ames, IA, for HVAC Replacement at the Power Plant, in an amount of $269,740 16.Second reading on Text Amendment for Public Nuisance "Property Maintenance" related to changes to the Ames Municipal Code. 17.Second reading on Zoning Text Amendment to Paving Standards for Basic Utility Uses and other similar uses 18.Third reading and adoption of ORDINANCE NO. 4516 on Text Amendments to Ames Municipal Code Chapter 13, (Rental Housing Code), Chapter 29 (Zoning Ordinance), and Chapter 31 (Historic Preservation) to allow Accessory Dwelling Units (ADUs) in residential districts, as amended 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: PARKS AND RECREATION: ELECTRIC: HEARINGS: ORDINANCES: 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. 2 To:Mayor and City Council From:City Clerk's Office Date:December 19, 2023 Subject:Summary of Minutes of the Regular Meeting December 12, 2023 Item No. 3 MEMO Please see the attached minutes for review and approval. /cmw ATTACHMENT(S): C23-1212 Summary.pdf C23-1219 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 3 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 12, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59 p.m. on the 12th day of December, 2023, 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 also present. PROCLAMATION FOR "WREATHS ACROSS AMERICA DAY," DECEMBER 16, 2023: Mayor Haila presented the proclamation to Cliff and Jamie Barker who were presenting on behalf of the American Legion Riders. Mrs. Barker invited the community to attend a ceremony at Ames Municipal Cemetery, Saturday, December 16, 2023, at 11:00 a.m. to honor the memory of veterans in Ames and to participate in the laying of 1,800 wreaths on graves. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET PRESENTATION AWARD: Mayor Haila presented the award to Director of Finance Corey Goodenow and Budget Manager Nancy Mastellar, and shared this was the 38th consecutive year that the City of Ames had earned the award. FITCH FAMILY INDOOR AQUATIC CENTER COUNCIL QUESTIONS FOLLOW-UP: Mayor Haila noted that the City Council was working from an amended agenda, and this item had been pulled and moved to the December 19, 2023, meeting of the Ames City Council. CONSENT AGENDA: Council Member Rollins requested to pull Item No. 10. Moved by Betcher, seconded by Corrieri, to approve the consent agenda, less Item No. 10. 3. Motion approving payment of claims 4. Motion approving Summary of Minutes of the Regular Meeting on November 14 and November 28, 2023 5. Motion approving Report of Change Orders for period November 16-30, 2023 6. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class C Retail Alcohol License, Cyclone Liquors, 626 Lincoln Way (Back Room Only) b. Class C Retail Alcohol License, Mickey’s Irish Pub, 109 Welch Avenue c. Class C Retail Alcohol License, Café Beau, 2504 Lincoln Way, Pending Dramshop Review d. Class C Retail Alcohol License, Torrent Brewing Co., 504 Burnett Avenue 7. RESOLUTION NO. 23-612 approving the list of individuals authorized to sign documents with the USDA related to the City of Ames Watershed-based Nutrient Reduction Program 8. RESOLUTION NO. 23-613 providing authorization to submit a Certified Local Government (CLG) Grant Application to the Iowa Economic Development Authority, State Historic Preservation Office to fund a National Register Nomination of Chautauqua Park & Ridgewoo d Historic District 9. RESOLUTION NO. 23-614 approving of request from Heartland of Story County to Sublease Office Space to Bethany Life and Central Iowa Retired and Senior Volunteer Program at the City-Owned Property located at 205 S Walnut Avenue 10. RESOLUTION NO. 23-615 approving the Commission on the Arts (COTA) Spring 2024 Special Project Grant Contracts 4 2 11. RESOLUTION NO. 23-616 approving amended Health Insurance Administrative Services Contract documents from Wellmark for administrative services, specific and aggregate excess insurance, and access fees for benefits effective from January 1, 2024, to June 30, 2024 12. RESOLUTION NO. 23-617 approving Pharmacy Benefit Manager (PBM) Services Contract with Carelon RX effective January 1, 2024 13. RESOLUTION NO. 23-618 awarding contract to Titan Machinery, of Des Moines, Iowa, for purchase of one 2024 Case 621G-2-XR Wheel Loader for the Street Maintenance Division of the Public Works Department 14. RESOLUTION NO. 23-619 awarding contract to Altorfer Power Systems of Cedar Rapids, Iowa, for the Caterpillar G379 Methane/Natural Gas Engine Generator Overhaul Project for the base bid plus the bid alternate in a combined total of $167,655.05; and authorizing the transfer of funds from the MG #1 replacement project to the MG2/MG3 Overhaul project 15. RESOLUTION NO. 23-620 approving Change Order No. 1 in the amount of $178,185.97 to Flowserve Corporation, Chicago, IL, for the Unit 7 Boiler Feedwater Pump No. 2 Inspection and Repair Project 16. RESOLUTION NO. 23-621 approving contract and bond for 2022/23 Storm Water Erosion Control (Clear Creek Bank Stabilization) with Iowa Earth Works of Huxley, Iowa 17. RESOLUTION NO. 23-622 accepting CT1 Return to Service project as completed by MMC Contractors National Inc., in the amount of $1,560,232.68 and approving reduction in retainage 18. RESOLUTION NO. 23-623 accepting the 2020/21 Shared Use Path System Expansion - Vet Med Trail (S.16th Street to S. Grand Avenue) as completed by Jasper Construction Services, Inc. of Newton, Iowa in the amount of $331,372.85 19. RESOLUTION NO. 23-624 approving partial completion and reducing financial security for public improvements of North Dayton Subdivision to $423,758.25 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COMISSION ON THE ARTS (COTA) SPRING 2024 SPECIAL PROJECT GRANT CONTRACTS: Council Member Rollins clarified that there were $5,228 in available funds, which were all expended by administering the programs. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-615 approving the Commission on the Arts (COTA) Spring 2024 Special Project Grant Contracts. Roll Call Vote: 6-0. Resolution adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street #102, Ames, wished the City Council a Merry Christmas. Mayor Haila closed the Public Forum when no one else came forward to speak. NEIGHBORHOOD LIQUOR AND SMOKES, 3505 LINCOLN WAY, SUITE 105: Chief of Police Geoff Huff presented the Council Action Form (CAF). Mayor Haila opened and closed the Public Input when no one came forward to speak. 5 3 Moved by Betcher, seconded by Gartin, to deny renewal of 12-month Class E Retail Alcohol License – Neighborhood Liquor and Smokes, 3505 Lincoln Way, Suite 105. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT REGARDING SHORT-TERM HOUSING TASK FORCE RECOMMENDATIONS: Director of Planning and Housing Kelly Diekmann and Director Goodenow presented the Staff Report. Mayor Haila noted this item would be placed on a future agenda for further discussion. HEARING ON TEXT AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 13, (RENTAL HOUSING CODE), CHAPTER 29 (ZONING ORDINANCE), AND CHAPTER 31 (HISTORIC PRESERVATION) TO ALLOW ACCESSORY DWELLING UNITS (ADUS) IN RESIDENTIAL DISTRICTS: Director Diekmann and Planner Eloise Sahlstrom presented the CAF and gave the history of the item. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Junck, to approve on first reading an Ordinance on Text Amendments to Ames Municipal Code Chapter 13, (Rental Housing Code), Chapter 29 (Zoning Ordinance), an Chapter 31 (Historic Preservation) to allow Accessory Dwelling Units (ADUs) in Residential Districts. Roll Call Vote: 6-0. Motion declared carried unanimously. STAFF REPORT REGARDING THE USE OF TESLA POWER WALLS IN THE AMES ELECTRIC SERVICES’ SYSTEM: Director of Electric Services Donald Kom presented the Staff Report, and stated he would update the City Council on the success of integrating Tesla Power Walls into the electric grid of Ames. Mayor Haila opened the Public Input. Jim Bernau, 3511 Oakland Street, Ames, thanked City staff for their help in finding a solution and encouraged the City Council to prioritize hiring a Sustainability Coordinator. Mayor Haila closed the Public Input when no one else came forward to speak. BUDGET ISSUES/GUIDELINES: Director Goodenow presented the CAF. ASSET Volunteers Deb Schildroth and Becky Harker provided an overview of funding requests and answered questions from the City Council. The discussion of COTA and Outside Funding were postponed until the December 19, 2023, meeting. Moved by Corrieri, seconded by Betcher, to approve a 5% increase in the City’s ASSET funding. Vote on Motion: 6-0. Motion declared carried unanimously. SECOND READING OF ORDINANCE AMENDING CHAPTER 28, DIVISION 1 FOR ELIGIBILITY OF CUSTOMERS FOR TIME-OF-USE BASED ON ELECTRICAL DEMAND: Moved by Corrieri, seconded by Beatty-Hansen, to pass on second reading an ordinance 6 4 amending Chapter 28, Division 1 for Eligibility of Customers for Time-of-Use based on Electrical Demand. Vote on Motion 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4513 ON AMENDING THE ZONING TEXT AMENDMENT FOR REDUCED AFFORDABLE HOUSING PARKING REQUIREMENT: Moved by Beatty-Hansen, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4513 on amending the Zoning Text Amendment for Reduced Affordable Housing Parking Requirement. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4514 TO AMEND THE URBAN REVITALIZATION AREA BOUNDARY: Moved by Corrieri, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4514 to amend the Urban Revitalization Area Boundary. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITIONS OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were four items to be considered. The first item evaluated was an email from Naomi Lovin regarding a Truck Route for an Industrial Zone. Moved by Junck, seconded by Betcher, to forward to Traffic Engineer Damion Pregitzer to reply after consulting with a Story County Engineer to determine what could be done as the area is outside of the City’s jurisdiction. Vote on Motion: 6-0. Motion declared carried unanimously. An email from Jan Wallace about Public Pathway along George W. Carver Avenue was highlighted next. Mayor Haila stated that this item had already been addressed by staff, as the pathway was already City property. Then, an email and petition from Valerie Stallbaumer regarding Brick Pillars was considered. Mayor Haila noted that this item was for information only, as the topic would be on an upcoming agenda. A memo from Damion Pregitzer on a Speed Limit Reduction on 6th Street was the final item. Mayor Haila noted that it was for information only. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. Moved by Betcher, seconded by Beatty-Hansen, to request staff report on, and highlight the use of, alternative energy by power customers in the way most efficient for staff in order to inform the public of the scope of those efforts. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn at 9:15 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. 7 5 __________________________________ ____________________________________ Grace A. 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. 8 6 9 1 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA DECEMBER 19, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59 p.m. on the 19th day of December, 2023, 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 also present. CONSENT AGENDA: Mayor Haila noted an error in Item No. 16, clarifying that the Alternative requested for approval by the City Council was correct. Council Member Rollins requested to pull Item No. 3 and Council Member Betcher requested to pull Item No. 15. Moved by Betcher, seconded by Corrieri, to approve the Consent Agenda less Item No. 3 and Item No. 15. 1. Motion approving payment of claims 2. Motion approving Civil Service Candidates 3. RESOLUTION NO. 23-625 approving appointments to Public Nuisance Appeals Board 4. RESOLUTION NO. 23-626 approving appointment of Council Member Gloria Betcher to the Ames Economic Development Commission (AEDC) 5. RESOLUTION NO. 23-627 approving appointment of Council Member Anita Rollins to the Ames Convention and Visitors Bureau (ACVB) 6. RESOLUTION NO. 23-628 approving reappointment of Municipal Engineer Tracy Peterson to the Ioway Creek Watershed Management Authority and the Headwaters of the South Skunk Watershed Management Authority 7. RESOLUTION NO. 23-629 approving and adopting Supplement No. 2024-1 to the Municipal Code 8. RESOLUTION NO. 23-630 approving FY 2023-24 Sustainability Coordinator's Mid- Year Report 9. Main Street Iowa Program: a. RESOLUTION NO. 23-631 of support for Ames Main Street b. RESOLUTION NO. 23-632 approving Main Street Iowa Program Continuation Agreement with Iowa Economic Development Authority and Ames Main Street 10. RESOLUTION NO. 23-633approving the plans and specifications for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way), setting January 17, 2024 as the bid due date through the Iowa DOT and January 23, 2024 as the date of Public Hearing 11. RESOLUTION NO. 23-634 approving the plans and specifications for the 2023/24 Asphalt Street Pavement Improvements Program #1, setting January 17, 2024, as the bid due date through and January 23, 2024, as the date of Public Hearing 12. RESOLUTION NO. 23-635 approving the plans and specifications for the 2023/24 Asphalt Street Pavement Improvements Program #2, setting January 17, 2024, as the bid due date through and January 23, 2024, as the date of Public Hearing for report of bids 13. RESOLUTION NO. 23-636 approving the plans and specifications for the 2023/24 Seal Coat Street Pavement Improvements, setting January 17, 2024, as the bid due date through and January 23, 2024, as the date of Public Hearing 10 2 14. RESOLUTION NO. 23-637 awarding contract to Library Furniture International for a play structure for the Ames Public Library in the amount of $69,661 15. RESOLUTION NO. 23-638 approving Change Order for design services for the Auditorium HVAC project 16. RESOLUTION NO. 23-639 accepting completion of the Art Capital Grant Project - The Octagon Center for the Arts, and authorizing final payment in the amount of $65,230.55 17. RESOLUTION NO. 23-640 approving contract with Kelly Tompkins for the fabrication, delivery, and purchase of "Hearts of the Community" for Tahira and Labh Hira Park in the amount of $24,000 18. Motion rejecting all bids for the Bloomington Road Elevated Tank Valve Improvement Project 19. RESOLUTION NO. 23-641 approving Final Plat for Scenic Valley Subdivision, Seventh Addition 20. RESOLUTION NO. 23-642 accepting a portion of the financial security covering 1-year of the 4-year Stormwater Management Maintenance requirement for Domani 2nd Addition, be reduced to $19,600.92 21. RESOLUTION NO. 23-643 accepting completion of Stormwater Management (Chapter 5B) at Celebrations, 306 S Third Street, and releasing the bond in full 22. RESOLUTION NO. 23-644accepting completion of Stormwater Management (Chapter 5B) at Ames Caddis, 2700 Lincoln Way, and releasing the bond in full 23. RESOLUTION NO. 23-645 accepting completion of Stormwater Management (Chapter 5B) at Aldi, 108 S 5th Street, and releasing the bond in full 24. RESOLUTION NO. 23-646 accepting completion of Stormwater Management (Chapter 5B) for Northcrest Retirement Community, and releasing the bond in full 25. RESOLUTION NO. 23-647 accepting completion of Stormwater Management (Chapter 5B) for 415 Stanton, The Crawford, and releasing the financial security in full Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. APPOINTMENTS TO PUBLIC NUISANCE APPEALS BOARD: Council Member Rollins noted that she pulled this item to make citizens aware of the appointments to the Public Nuisance Appeals Board since the City Council would be discussing related amendments to the Municipal Code later in the meeting. Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 23-625 approving appointments to Public Nuisance Appeals Board. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMES CITY AUDITORIUM HVAC PROJECT: Fleet and Facilities Director Corey Mellies shared that staff had identified additional funding and were working with consultants to redesign the project to better support the City’s climate action goals. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-638 approving Change Order for design services for the Auditorium HVAC project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby 11 3 made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street #2, Ames, discussed his history of attendance at City Council meetings and shared his experience with community initiatives he led. James Johnson, 1412 Meadowlane Avenue, Ames, encouraged the City Council to consider lowering the age requirement for Parks Summer Employment from 18 years of age to 16. Mayor Haila closed the Public Forum when no one else came forward to speak. 5TH STREET BRICK PIERS WITH CERAMIC RELIEFS: Public Art Commission (PAC) Chair Kyle Hauswirth, along with PAC members Erica Briest and Candace Zwank, presented the Council Action Form (CAF). Staff Liaison to the Commission, Assistant City Manager Brian Phillips, was also available for questions. The Public Input was opened by Mayor Haila. Valerie Stallbaumer, 823 Crawford Avenue, Ames, shared her adamant support for retaining and maintaining the historic brick piers and the ceramic reliefs. Jim Howe, 912 Clark Avenue, Ames, discussed his concern for the amount of taxpayer dollars that have been utilized for the placement, maintenance, and potential removal of the brick piers, furthering his support for keeping the piers for the enjoyment of the community. James Johnson, 1412 Meadowlane Avenue, Ames, explained his personal enjoyment of the pillars, also recognizing the purpose provided by the piers for individuals to lean on and use as vantage points during events Downtown. He also highlighted the great opportunity the piers provide for the community for learn about the city. Linda Schank, 904 Clark Avenue, Ames, noted her appreciation of the piers because of the diverse and hidden history represented on the ceramic reliefs. The Public Input was closed by Mayor Haila when no one else came forward to speak. The City Council Members engaged in robust discussion regarding the brick piers and ceramic reliefs, and the perspectives offered by members of the community. Moved by Betcher, seconded by Beatty-Hansen, to request staff seek proposals for preserving the terracotta inserts as a primary goal, and secondarily determine what other options are available for removing or moving the brick piers. Moved by Betcher, seconded by Beatty-Hansen, to amend the motion to demolish the piers as the secondary goal. 12 4 Motion withdrawn. Moved by Betcher, seconded by Corrieri, to approve Alternative 2 from the Council Action Form from June 13, 2023, City Council Meeting: authorize the demolition of the 16 brick piers on 5th Street, but direct staff to obtain quotes to have the ceramic reliefs removed for use in other art projects, with an emphasis on the primary goal of preserving the ceramic reliefs. Vote on Motion: 5-1, Gartin dissenting. Motion declared carried. Assistant City Manager Phillips clarified that if staff was unable to obtain proposals to preserve the ceramic reliefs, there is no expectation that staff return to the City Council for further direction. Mayor Haila confirmed in the affirmative. BUDGET GUIDELINES FOR COTA AND OUTSIDE FUNDING REQUESTS: Assistant City Manager Phillips presented the Staff Report. Moved by Corrieri, seconded by Betcher, to increase funding for the Commission on the Arts (COTA) by 5% over the previous fiscal year. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to increase Local Option allocations for the Outside Funding Requests program by 5% over the previous fiscal year. Vote on Motion: 6-0. Motion declared carried unanimously. DALEY PARK SPLASHPAD UPDATE: Parks and Recreation Director Keith Abraham reviewed the CAF. Moved by Junck, seconded by Corrieri, to approve Option 1: Direct staff to proceed with the Daley Park Splash Pad Project with a recirculation water management system. Vote on Motion: 6-0. Motion declared carried unanimously. FITCH FAMILY INDOOR AQUATIC CENTER FOLLOW-UP TO COUNCIL QUESTIONS: Director Abraham as well as Brad Rodenburg of RDG and Troy Turner of Story Construction presented the CAF. Moved by Betcher, seconded by Beatty-Hansen, to approve Option 1: Direct staff to include in the bid documents Taraflex flooring in the walking area as Bid Alternate #4 and not change the plans and specifications. Vote on Motion: 6-0. Motion declared carried unanimously. REVIEW OF AMES PLAN 2040 REDIRECTION AREAS: Planning and Housing Director Kelly Diekmann and Planner Bejamin Campbell presented the Infill and Redirection Areas. Moved by Corrieri, seconded by Betcher, to prioritize the three areas recommended by staff in the report: 1, 2, and 7. Vote on Motion: 6-0. Motion declared carried unanimously. 13 5 HEARING ON TEXT AMENDMENT FOR PUBLIC NUISANCE “PROPERTY MAINTENANCE” RELATED CHANGES TO THE AMES MUNICIPAL CODE: Director Diekmann and Planner Ameila Schoneman presented the amendments. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance amending Chapters 18, 22, 29, and 30 of the Ames Municipal Code related to public nuisance and property maintenance standards. Roll Call Vote 6-0. Motion declared carried unanimously. HEARING ON ZONING TEXT AMENDMENT TO PAVING STANDARDS FOR BASIC UTILITY USES AND OTHER SIMILAR USES: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Betcher, to pass on first reading an ordinance amending the standards in Section 29.406(11) of the Municipal Code by adding language that developers of sites with Basic Utility uses or other similar uses on sites within all Zones across the City can request a reduction in paving of maneuvering areas subject to Planning & Housing Director discretion. Roll Call Vote: 6-0. Motion declared carried unanimously. SECOND READING ON TEXT AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 13, (RENTAL HOUSING CODE), CHAPTER 29 (ZONING ORDINANCE), AND CHAPTER 31 (HISTORIC PRESERVATION) TO ALLOW ACCESSORY DWELLING UNITS (ADUS) IN RESIDENTIAL DISTRICTS: Council Member Junck addressed three communications received by the City Council and Director Diekmann provided a response. Moved by Beatty-Hansen, seconded by Corrieri, to pass on second reading an ordinance amending Ames Municipal Code Chapter 13, (Rental Housing Code), Chapter 29 (Zoning Ordinance), and Chapter 31 (Historic Preservation) to allow Accessory Dwelling Units (ADUs) in residential districts. Roll Call Vote 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Rollins, to direct staff to clarify that ADUs are not subject to the 25% floor area ratio. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4515 AMENDING CHAPTER 28, DIVISION 1 FOR ELIGIBILITY OF CUSTOMERS FOR TIME-OF-USE BASED ON ELECTRICAL DEMAND: Moved by Beatty-Hansen, seconded by Betcher, to pass on third reading and adopt Ordinance No. 4515 amending Chapter 28, Division 1 for Eligibility of Customers for Time-of-use based on Electrical Demand. Roll Call Vote 6-0. Motion declared carried unanimously. 14 6 DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were four items to consider, three of which were addressed with the second reading to allow ADUs. The remaining item was from Bob Bourne requesting for inclusion in FY 2025 budget of a study on a potential pedestrian bridge over Lincoln Way at Ash Avenue. Moved by Beatty-Hansen, seconded by Corrieri, to decline to take action. Vote on Motion: 6-0. Motion declared carried unanimously. 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 Corrieri, to adjourn the meeting at 8:20 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. 15 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 9 $4,633,000.00 Henkel Construction Company $-(67,067.40)$10,168.40 B. Phillips KS Public Works 2022/23 Asphalt Street Pavement Improvements (Oakwood Road) 1 $2,034,969.90 Con-Struct Inc $0.00 $27,090.00 B. Phillips KS Transit Bus Transmissions 2 $66,259.74 Voith Turbo, Inc.$0.00 $-(9,250.00)J. Rendall QE $$$ $$$ $$$ Period:1st – 15th 16th – End of Month Month & Year:December 2023 For City Council Date:January 9, 2024 16 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:December 19, 2023 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 5 MEMO A review of Police Department records for the past 12 months found no liquor law violations for American Legion, SpringHill Suites, The Filling Station, Clouds Coffee, Hy-Vee Market Grill and Tip Top Lounge. The Ames Police Department recommends the license renewal for these businesses. A review of the police records for the past 12 months found the following violations: The Blue Owl Bar had two on premise violations and one involved a fake ID. The Angry Irishman had two on premise violations and both involved fake IDs. Cy’s Roost had three on premise violations and all three involved fake IDs. The Ames Police department will encourage these establishments to better identify patrons using fake IDs and will also encourage them to use scanners, attending training, and conduct their own compliance checks. The Police Department will continue to monitor these establishments by conducting regular foot patrols, bar checks, and evaluating their safeguards. The Ames Police Department recommends the license renewal for these businesses. Dublin Bay failed one of three compliance checks in 2023. They also failed one compliance check in 2022. In 2023 none of their employees attended the Police Department sponsored ID training. We recommend their employees attend the ID training, the I-PACT training provided by the State of Iowa, and conduct their own compliance checks. No other alcohol violations have been identified at Dublin Bay. The Ames Police Department recommends the license renewal for Dublin Bay. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 17 ITEM #:6 DATE:01-09-24 DEPT:Finance SUBJECT:RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR ENHANCED SECURITY SERVICES (MOU) WITH THE IOWA DEPARTMENT OF MANAGEMENT. COUNCIL ACTION FORM BACKGROUND: The City's Information Technology (IT) infrastructure exists to enable City departments and their customers to accomplish numerous tasks. For the City to provide adequate services to the public, this critical IT infrastructure must be protected against cyber attacks. The IT staff uses a variety of products, services, and procedures to guard against cyber attacks. One of the products currently used by the City to protect the IT infrastructure is CrowdStrike. The existing contract for this product, in the amount of $14,642, concludes on January 31, 2024. Staff has learned that the Iowa Office of the Chief Information Officer is able to partner with the City to provide the services provided under the City's existing contract with CrowdStrike. This partnership would deliver the service at no cost to the City. The attached Memorandum of Understanding (MOU) for Enhanced Security Services will need to be executed to enable to partnership. The services provided would include next generation Endpoint Detection and Response (EDR) for managed endpoints including PCs, servers and other devices. The EDR platform is designed to prevent a wide range of known and unknown malware and threats and to provide protection from such threats. In addition, they provide the ability to investigate and remediate incidents that evade protection controls. Additionally this service includes 24/7 security monitoring and incident response positioned to appropriately respond to cybersecurity threats against the protected endpoints. The included 24/7 security monitoring offered in this agreement presents an improvement to the City's existing security operations. Services offered under the MOU would be valid until February 28, 2025. Staff expects no problems with the transition to the State of Iowa service. ALTERNATIVES: 1. Approve the attached Memorandum of Understanding for Enhanced Security Services (MOU) with the Iowa Department of Management, Office of the Chief Information Officer. 2. Decline the MOU and refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: This agreement will ensure ongoing endpoint detection and response services for the City's IT infrastructure. The service would be enhanced compared to the existing services with the addition of 24/7 monitoring. Additionally, the agreement is provided under a State of Iowa agreement that comes at no cost to the City, thereby reducing the City's costs. Therefore, it is the 18 recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Crowdstrike.2023.12_CITY-AmesMOU to Sign.pdf 19 STATE OF IOWA KIM REYNOLDS, GOVERNOR ADAM GREGG, LT. GOVERNOR Iowa Office of the Chief Information Officer Contracts Declaration & Execution (“CD&E”) (“MOU”) Department of Management (“DOM”), Iowa Office of the Chief Information Officer (“OCIO”) 200 E. Grand Ave. Des Moines, IA 50309 ATTN: Local Government Program Manager 200 E Grand Ave, Des Moines, IA 50309 515.281.5503 government.services@iowa.gov Customer Address Customer MOU Contact (“Customer Notice Address”): MOU Effective Date (the “Effective Date”): Date of last signature below Date of Expiration: Feb. 28, 2025 Available Annual Renewals: None 1.Introduction.This is effective as of the Effective Date. The parties may be referred to herein individually as a “Party”or collectively as the “Parties”. 2. Purpose.Through this MOU, entered into pursuant to authority under Iowa Code chapter 8B, OCIO’s will make available to the Customer Information Technology Services, including services designed to guard against cyber attacks that could adversely impact Customer’s ability to deliver mission critical services, threaten lifeline critical infrastructure, or otherwise negatively impact the public health, safety, and welfare. This MOU establishes the terms and conditions pursuant to which the Office provides these Enhanced Security Services (“ESS”). This includes the current 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 1 of 6 20 Endpoint Detection and Response (“EDR”) software used to secure devices. This MOU supersedes and replaces any pre-existing MOU between the parties for the provision of similar services. 3.Documents Incorporated.This MOU consists of the attachments identified below which are incorporated by this reference as if fully set forth herein, and together comprise the terms and conditions governing the relationship between the Parties. Documents incorporated by reference into this MOU are designated below: Attachment A: Services & Pricing Attachment B: Obligation of PartiesOnboarding Plan General Terms for Cybersecurity Services, available at: https://ocio.iowa.gov/document/general-terms-and-conditions-cybersecurity-services-0. Exhibit 7 & or IRS Publication 1075, available at: https://ocio.iowa.gov/document/irs-pub1075-ex7. IT Business Associate Agreement, available at: https://ocio.iowa.gov/document/20220224-baa-it. IT Qualified Service Organization, available at: https://ocio.iowa.gov/document/20220224-it-qso. 4.Amendment of Attachments.Attachments may be amended from time to time. Updated versions of attachment will be posted at https://ocio.iowa.gov/contract-terms-and-conditions-templates and electronic notice of the amended attachment will be provided to the Customer. The Customer shall be deemed to have accepted the updated Attachment unless the Customer provides notice of its non-acceptance in accordance with the Notice provisions of the Contract within 30 days. 5.Order of Precedence.In the event of any conflict or inconsistency between the various provisions of this MOU, the MOU will be interpreted in accordance with the following order of preference, presented in descending order of precedence, to the extent each is incorporated by reference above: 5.1. The text of this MOU, excluding any attachment; 5.2. Any Attachment or Exhibit to this MOU; 5.3. The General Terms; 5.4. The IRS Publication 1075 document; 5.5. The IT Business Associate Agreement; 5.6. The IT Qualified Service Organization document. 6.Term and Termination.The term of this MOU shall be as stated in the table above unless terminated earlier in accordance with this provision. This MOU will begin on the Effective Date and expire on the Date of Expiration unless otherwise terminated by the parties as set forth below: 6.1.Termination by Customer.This MOU is non-cancellable during the Term. 6.2.Termination by OCIO.OCIO may terminate this MOU upon 90-days’ notice with or without cause. Noncompliance with the terms in Attachment B may result in immediate termination of this MOU. 6.3.Effect of Termination.Effective immediately upon notice of termination, Customer agrees to uninstall any and all third party software installed on Customer devices pursuant to this MOU. OCIO will cease monitoring Customer’s environment 30 days after the notice of Termination or upon expiration of this MOU, whichever is earlier. 7.Services & Pricing.The goods and services provided pursuant to this MOU are set forth in Attachment A. 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 2 of 6 21 7.1. Pricing. There is no cost associated with provision of services described hereunder. 7.2. Authorized Utilization. Customer is entitled to install EDR software on Customer devices up to the number of authorized installations identified in Attachment A. 7.2.1.Additional Installations.Absent an amendment, Customer may not exceed the not-to-exceed installation number. Please contact the Local Government Program Manager to receive the Installation Change Order Form. 7.2.2.Reducing Installations.Authorized Installations may be reduced during the term of the MOU. In the event of reductions in Authorized Installations, Customer must notify OCIO within 30 days. Please contact the Local Government Program Manager to receive the Installation Change Order Form. IN WITNESS WHEREOF, 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 MOU and have caused their duly authorized representatives to execute this MOU. Customer, by Signature: ________________________________________________ Printed Name: ____________________________________________ Title: ____________________________________________________ Date: _______________________________ The Iowa Department of Management, Office of the Chief Information Officer, by Signature: ________________________________________________ Printed Name: Matt Behrens Title: Chief Information Officer Date: _______________________________ 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 3 of 6 22 Attachment A: Services & Pricing List of Goods/Services Provided to Local Governments Service: Enhanced Security Services ●24/7 Security Operations Center monitoring ●EDR software (CrowdStrike) Authorized Installations: _________ Category: Security Description: This service will provide next generation Endpoint Detection and Response (EDR) for managed endpoints including PCs, servers and other devices. The EDR platform is designed to prevent a wide range of known and unknown malware and threats and to provide protection from such threats; in addition, they provide the ability to investigate and remediate incidents that evade protection controls. Additionally this service includes 24x7 around the clock security monitoring and incident response positioned to appropriately respond to cybersecurity threats against the protected endpoints. Pursuant to Iowa Code section 47.1(8) and Iowa Admin. Code rule 721-29.4(4), county auditor offices must participate in OCIO’s cybersecurity services. Other local government offices may participate in the same services but are not compelled to do so. 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 4 of 6 23 Attachment B: Obligations of the Parties Through this MOU, Customer agrees to: 1. When applicable, install the EDR software on all devices in the County Auditor’s office. 2.Install the EDR software on other Customer-issued devices up to the Authorized Installations as referenced in Attachment A. 3. Inquire with the OCIO Security Operations Center (“SOC”) to confirm that for each installation the SOC can see the computer on the SOC monitoring tools. Inquiries must be by email sent to: soc@iowa.gov. 4. Assist OCIO staff in evaluating EDR logs during the phased implementation of the EDR tool and remediating or whitelisting identified issues. 5. Evaluate installation reports provided periodically by OCIO throughout the Term to ensure that appropriate devices in Customer facilities are protected with EDR software. 6. Work with OCIO staff in responding to security incidents by providing information or access as necessary to ensure security incidents are fully addressed and remediated. 7. Uninstall OCIO-provided EDR software at the end of the MOU, or as otherwise directed by OCIO. Through this MOU, OCIO agrees to: 1. Provide EDR software to Customer so that Customer can install the EDR tool on all devices in the County Auditor’s office and up to the Authorized Installations referenced in Attachment A. 2. Respond to Customer inquiries concerning the installed status of EDR software on specific devices. 3. Provide logs to Customer during the phased implementation of the EDR software and consult with the Customer concerning the logs to either provide guidance on remediation of log entries or to whitelist the activity within the EDR monitoring tool. 4. Provide installation reports to Customer at least yearly so that Customer can determine whether or not EDR software is installed within Customer facilities up to the Authorized Installations referenced in Attachment A. 5. Work with Customer staff on an ongoing basis to evaluate security incidents identified by the EDR tool or otherwise. 6. Work with Customer staff in response to any security breach identified to provide Customer the necessary information and guidance so that Customer can respond to and remediate any security breach. This MOU does not cover additional response and remediation services offered by the 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 5 of 6 24 OCIO, which may be offered through a separate agreement. 7. UNINSTALL - Support the customer in the uninstallation process. 200 E. GRAND, DES MOINES, IOWA 50309 515.281.5503 CIO@IOWA.GOV 6 of 6 25 ITEM #:7 DATE:01-09-24 DEPT:P&R SUBJECT:COMMUNITY ATTRACTION AND TOURISM (CAT) GRANT AGREEMENT COUNCIL ACTION FORM BACKGROUND: The City, in cooperation with the Ames Chamber of Commerce, submitted a Community Attraction and Tourism (CAT) grant application for the Fitch Family Indoor Aquatic Center in November 2023. The grant application was in the amount of $500,000. The CAT grant is administered by the Enhance Iowa Board (EIB), which is a branch of the Iowa Economic Development Authority (IEDA). On December 7, 2023, the EIB unanimously voted to award the full amount of the grant request to the City. A CAT Grant Agreement (Attachment A) must now be approved through a resolution, signed by a City representative, and returned within 45 days of the effective date of the agreement (December 7, 2023). GRANT AGREEMENT: Several key provisions in the CAT grant agreement are summarized below: Exhibit B: Project Description: The project description includes specific elements of the proposed facility: "The proposed FFIAC is a 39,000 square foot recreational and wellness facility that will include a six-lane 25-yard lap pool, a zero-depth recreational pool with a current channel, children's play structure, a wellness pool, two water slides, locker rooms, a party/meeting room, multi-purpose rooms, walking area, staff offices, storage, social area, and a mechanical/equipment room for the pool basins. The lap pool is adaptable to various obstacle courses and sporting activities for recreational purposes." Article 1.5 - Project Completion Date: The project tasks must be fully constructed and operational by December 31, 2025. The standard practice is for EIB to allow projects approximately two years from the award date to complete projects. There is an amendment process if more time is needed and it detailed in Article 10.8. Article 4.2 - Receipt Of Funds: Since the funding for this grant comes from the State, this item states that any termination, reduction, or delay of CAT funds to the EIB may, in the EIB's sole discretion, result in the termination, reduction, or delay of CAT funds to the City and/or termination of this agreement. Please note that these grant funds are State money and EIB has already received the funding to provide the City's award. Article 5.6 - Cost Variation: In the event that the actual total project cost is less than the amount specified in the Agreement, the grant funds shall be reduced by the same ratio as the actual total project cost divided by the total project cost listed in Exhibit B. Any reimbursed excess above the reduced grant funds amount shall be returned to IEDA. Article 5.8 - Conveyance Of Project Property: For three (3) years after the agreement end date, the City may not sell, transfer, convey, assign, encumber, or otherwise dispose of all or any portion of the 26 project property without the written permission of the EIB. Article 6.2 - Reimbursement Of Funds: Grant funds are disbursed on a reimbursement basis with the reimbursement limited to a pro-rata portion of the allowable expenses for the relevant period. The City's disbursement rate is two percent (2%) with funds being disbursed at the end of each fiscal year. Article 6.2(a) - Retainage: Five percent (5%) of the grant award will be withheld from disbursement until agreement closeout procedures have been completed. Article 8.1(h) - Interest And Surplus Proceeds: The City shall return all unexpended grant funds and interest accrued on grant funds to IEDA within thirty (30) days after the project completion date. Article 10.3 - Enhance Iowa Recognition: The project shall permanently recognize, in a manner acceptable to IEDA, the financial contribution to the project made by the State of Iowa through the Community Attraction and Tourism Program. Staff does not see any components of this agreement that the City cannot meet. Once the agreement is signed and returned, EIB will provide additional information regarding reporting of expenses and the disbursement process. ALTERNATIVES: 1. Approve the attached Community Attraction and Tourism (CAT) Grant Agreement with the Enhance Iowa Board in the amount of $500,000. 2. The City Council can reject the $500,000 grant from the Enhance Iowa Board by not approving the attached Community Attraction and Tourism (CAT) Grant Agreement. 3. Refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: City Council has had the vision, for many years, to construct a new indoor aquatic facility which includes multipurpose space and a walking area. Cost estimates and available funding has been a concern throughout the design process for this facility, so staff submitted a CAT grant application for $500,000. The EIB has awarded this grant which will help fund the construction of the Fitch Family Indoor Aquatic Center. Depending on the bids received on January 11, 2024, this funding could help lower the amount of G.O. Bonds needing to be issued. A resolution by City Council is needed to approve the agreement. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Attachment A-Ames CAT Grant_Application.pdf Attachment B-CAT Grant Agreement.pdf 27 COMMUNITY ATTRACTION AND TOURISM ENHANCE IOWA COMMUNITY ATTRACTION AND TOURISM FY2024 28 1 COMMUNITY ATTRACTION AND TOURISM PROGRAM OVERVIEW The Community Attraction and Tourism (CAT) program assists communities in the development and creation of multiple purpose attraction or tourism facilities. CAT awards can help position a community to take advantage of economic development opportunities in tourism and strengthen a community’s competitiveness as a place to work and live. This document contains instructions and guidelines for preparing a complete application. Applications are received by the Iowa Economic Development Authority (IEDA) and reviewed by the Enhance Iowa Board. Please contact Alaina Santizo or Maicie Pohlman at enhanceiowa@iowaeda.com with questions. Applicants Eligible applicants include a city, county, public organization, or school district in cooperation with a city or county. “Public organization” means a not-for-profit economic development or other not-for- profit organization that sponsors or supports community or tourism attractions and activities. Any of these entities may co-apply; if a school district applies, they must do so as a co-applicant. The applicant should be the intended entity to contract with the Enhance Iowa Board to receive CAT funds and undertake the funded activity. Projects Eligible CAT projects must primarily be vertical infrastructure with a demonstrated substantial regional or statewide economic impact. “Vertical infrastructure" means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational trails. CAT projects may include but are not limited to the following: museums, theme parks, cultural and recreational centers, recreational trails, heritage attractions, sports arenas, and other attractions. “Attraction” means a permanently located recreational, cultural, educational, or entertainment activity that is available to the general public. Work that has been started prior to the potential CAT Award date, except the acquisition of real estate, is ineligible for grant funding and must be disclosed in the application or excluded. This includes architectural fees, engineering fees, site preparation, etc. If construction has started on your project, please contact the Program Manager before applying. CAT Awards Historically, CAT awards have been between 10-20% of total project costs. The Enhance Iowa Board has an award cap policy of $1 million, and typically does not make an award of more than 20% of project costs. Most recent CAT awards have averaged 15% of total project cost. CAT awards are “last dollar in,” which means the Enhance Iowa Board will not make an award until the applicant has raised all or most of its fundraising match. Fundraising Match Applicants must document at least 65% of the total project cost has been raised prior to applying. This must be in the form of cash donations or pledges. Financing and loans cannot be used to reach the 65% fundraising threshold. Previously spent funds do not count as match. Other state funds cannot be attributed to the fundraising total until the applicant has raised 50% of the total project cost. Up to 25% of an applicant’s fundraising match may be made up of documented in-kind donations. To be competitive, it is recommended applicants have 70-80% of the total project cost raised prior to applying. The Enhance Iowa Board requires each application to have cash contributions from the city and the county in which the project will be located. The Enhance Iowa Board also requires cash contributions from both businesses and individuals. 29 2 COMMUNITY ATTRACTION AND TOURISM Security and Contracts The Enhance Iowa Board reserves the right to negotiate the amount, terms, and other conditions of a grant prior to making a CAT award. Following notification of an award, a grant agreement specifying further terms and conditions will be executed. The Enhance Iowa Board will not make a CAT award if it is determined any representation, warranty, or statement made in connection with this application is incorrect, false, misleading, or erroneous in any material respect. If the Enhance Iowa Board provided an award prior to discovery of the incorrect, false, or misleading representation, the Enhance Iowa Board may initiate legal action to recover the CAT funds. Allocation of Funds One-third of the funds available through the CAT program shall be allocated to projects in cities with populations of 10,000 or less and/or in counties that are among the 33 least populated counties in Iowa. If any portion of these funds has not been awarded by April 1, the funds shall be available for any community or county in the state. (The smaller population areas are not limited to one-third of the funding.) Deadlines for Application Submission Applications are due electronically on August 15, 2023, November 15, 2023, February 15, 2024, and May 15, 2024, subject to fund availability. In order to be considered for funding, submit an electronic version of the application to enhanceiowa@iowaeda.com on or before the stated deadline. Evaluation of CAT Applications Applications to the CAT program are evaluated in two stages: Stage 1 – Eligibility Threshold eligibility requirements are evaluated by staff and include: ● Eligible Applicant ● Benefits ● Local Support ● Vertical Infrastructure ● Fundraising Stage 2 – Evaluation Applications that clear staff review will be invited to present to the Enhance Iowa Board. Applications remain before the Enhance Iowa Board’s CAT Review Committee until the Committee is confident the applicant can close any remaining fundraising gap within a given timeframe (usually 30 -60 days). The Enhance Iowa Board will use the following factors to determine the level of assistance once the eligibility guidelines have been met: ● Breadth of fundraising o A broader base of fundraising support will be considered more favorably o Range of size and scope of funding sources will be considered ● Community/Regional/Statewide Impact o A larger award will be considered when the project has an impact that goes beyond the local community ● Catalyst for additional development o The ability for the project to spur additional development will be viewed favorably ● Sustainability o Consideration will be given to the feasibility and sustainability of the proposed project. 30 3 COMMUNITY ATTRACTION AND TOURISM GENERAL APPLICATION INSTRUCTIONS Read these instructions carefully before completing the application. Refer to the CAT Administrative Rules (Chapter 261.211) as necessary to ensure compliance with CAT program requirements. Inaccurate information may disqualify the application from consideration. 1. Submit a Notice of Intent to Apply found at https://www.iowaeconomicdevelopment.com/EnhanceIowa 2. Use clear and concise language in the application narratives. 3. Submit one electronic version of the application. This can be provided using a USB Flash Drive or emailing the document to enhanceiowa@iowaeda.com. IEDA staff will make every effort to accept other forms of electronic application delivery. A tabbed PDF document is preferred. 4. At least 65% of total project costs must be raised upon application. If less than 65% is documented, the application will be disqualified. 5. Each application must document contributions from the city and the county where the project will be located as well as private sources. Use the FY24 Donor & Fundraising Spreadsheet Template – failure to use template could result in disqualification of application. 6. If you have questions about the application, please contact the Program Manager at enhanceiowa@iowaeda.com. 31 4 COMMUNITY ATTRACTION AND TOURISM SECTION 1 – PROJECT INFORMATION AND ELIGIBILITY Name of Project: Ames Indoor Aquatic Center (FFIAC) Date Submitted: November 10, 2023 Organization: City of Ames Organization Type: ☒ City ☐ County ☐ Non-profit organization Address: 515 Clark Ave. City: Ames State: Iowa Zip Code: 50010 Contact Person: Keith Abraham Title:Parks and Recreation Director Telephone: 515.239.5350 Email: Keith.Abraham@cityofames.org County: Story City Population 66,427 (2020 Census) Does the applicant commit to provide and pay least 50% of the costs of a standard medical insurance plan for all full-time employees working at the completed project? ☒ YES ☐ NO Project relates to (check one or more): ☐ Cultural Activity ☒ Recreation ☐ Education ☐ Entertainment CAT Request $500,000 Total Project Budget $ 31,374,394 (Request & Total Project Budget rounded to nearest thousand) Project Address (if different from above): 115 North Elm Avenue, Ames, IA 50010 Co-applicant (if applicable) Organization: Address: City: State: Zip Code: Contact Person: Title: Telephone: Email: 32 5 COMMUNITY ATTRACTION AND TOURISM Great Places: Does applicant currently have a “Great Places” designation? ☐ YES ☒ NO Was applicant anticipating application for Great Places funding in 2023? ☐ YES ☒ NO Project Description The proposed project must be primarily vertical infrastructure. “Vertical infrastructure” means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational trails. It does NOT include routine, recurring maintenance, or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement. This requirement does not mean that all elements of the project must meet the definition of vertical infrastructure, nor does it mean that only those elements involving vertical infrastructure are eligible for financial assistance. The amount of financial assistance provided, if any, will be determined based on other criteria. Provide a brief summary of the project, including the vertical infrastructure components and anticipated uses. If this project is a phase of a larger project, please state its relationship to that project. Note: required attachments including renderings and/or photos illustrating the proposed project – 3B City of Ames purchased the property at 115 North Elm Avenue (formerly 122 North Oak Avenue) from the Iowa Department of Transportation for the purpose of constructing the Fitch Family Indoor Aquatic Center (FFIAC). The location is near Ames downtown, is on a CyRide transit route, multi -modal shared use path system, and arterial street access from the east and west within central Ames. The proposed FFIAC is a 39,000 square foot recreational and wellness facility that will include a six - lane 25-yard lap pool, a zero-depth recreational pool with a current channel, children's play structure, a wellness pool, two water slides, locker rooms (men’s, women’s, and family/gender neutral options), a party/meeting room, multi-purpose rooms (fitness, wellness, and youth/adult activities), walking area, staff offices, storage, social area,and a mechanical/equipment room for the pool basins. The lap po ol is adaptable to various obstacle courses and sporting activities for recreational purposes. The FFIAC will be a facility for all ages and provide multiple activities for families. A variety of activities will be programmed for the FFIAC, including swimming lessons, lap swimming, water walking, wellness activities, aqua and dry land fitness classes, open swimming, youth and adult activities, walking, and more. A unique feature of the facility are the indoor recreational components, which are not typically found in traditional swim facilities that are focused on lap swimming and swim lessons. This full complement of activities and services to be featured in the FFIAC are unique to central Iowa. 33 6 COMMUNITY ATTRACTION AND TOURISM Construction Cost Estimates Use the following chart to summarize the project budget. Subtract any work that has already been completed (except land acquisition). Failure to disclose work done may result in the return of all CAT funds. Budget Items Cost Real Estate Acquisition $2,900,000 Site Preparation $1,365,000 Construction/Remodeling $22,393,493 Fixtures/Furniture/Equipment $500,000 Public Art & Landscaping $100,000 Architectural/Engineering Design $1,848,743 Construction Administration or Permits $1,392,229 Contingencies $2,100,000 WORK COMPLETED (PLEASE SUBTRACT) ($ 1,225,071 ) TOTAL PROJECT COSTS $31,374,394 SECTION 1- ATTACHMENTS, IF APPLICABLE: 1A - If applying as a non-profit organization, provide copies of the organization’s IRS Determination Letter, Articles of Incorporation, Bylaws, and a statement of how the organization sponsors or supports community or tourism attractions and activities. 1B - If co-applying with a school district, include a copy of the 28E Agreement detailing the role of each entity in the proposed project. 1C – A letter certifying that at least 50% of the costs of a standard medical insurance plan will be provided for full-time employees working at the completed project 34 7 COMMUNITY ATTRACTION AND TOURISM SECTION 2 - LOCAL SUPPORT & MATCHING FUNDS Local support must be demonstrated for the proposed project. This includes the support of governing boards, local governments, and citizens. Applicants must demonstrate the financial need for CAT funds after other sources are exhausted. CAT funding is the “last dollar” needed for the project to proceed. Cash contributions from the city, county, and private sources—both businesses and individuals—must be documented. At least 65% of the total project costs must be raised to be eligible for CAT funding. Financing and loans cannot be used to reach the 65% fundraising threshold. Funds already spent do not count as local match. Non-profit organizations should assign a donor number to all private donors for the FY24 Donor & Fundraising Spreadsheet. Up to 25% of the fundraising match may be in the form of in-kind or non-financial contributions, which may include but is not limited to the value of contracted labor and services. Other state funds or match pledged to state funds cannot be counted as fundraising match until the applicant has 50% of the total project cost committed. Other state funds can be accounted toward the match after the applicant successfully documents 50% of the funds have been raised. Sources of Funding - Transferred from FY24 Donor & Fundraising Spreadsheet Excel Sources of Fundraising Match Source Amount Section 2 Attachments City $23,150,000 2B - Resolution County $500,000 2B - Resolution Private $8,361,745 2A – Excel Donor Spreadsheet Grants $ 2B – Letter(s) In-Kind $ 2A – Excel Donor Spreadsheet Other State Funds $ 2B – Letter/Contract Funds Spent $1,225,071 Subtotal $30,786,674 CAT Request $500,000 Fundraising Gap $87,720 TOTAL PROJECT COST $31,374,394 35 8 COMMUNITY ATTRACTION AND TOURISM 1. Describe the extent of citizen input and involvement: Over the past 10 years, multiple strategies have been used to get input from residents including public forums and community meetings. Aquatic Facility Public Input - Several input sessions were held in conjunction with the Ames Community School District. The feedback received was in support of a new aquatics facility. Residents were looking for the facility to include 1) a cold water (78-80 degrees) competitive basin, and 2) warm water (84-90 degrees) basins. Healthy Life Center (HLC) Presentations - The HLC included the warm water amenities included in this project. Over 30 presentations were held to share the HLC concept and receive feedback on the proposed facility. Ultimately the proposal for the HLC bond referendum was not successful. In response, the city sought community feedback to attempt to ascertain why the initiative was not supported. The most common response was that the location chosen for the facility did not provide adequate accessibility within the community. Respondents instead preferred the facility to be located more centrally within the community. The downtown location identified for the FFIAC satisfies this feedback. Public Input Opportunities - As planning proceeded for the FFIAC, public input in the design and placement of the facility was a high priority. Numerous presentations were made in public City Council meetings with opportunities and encouragement for the community to provide feedback and direction each step of the way. In addition, the Parks and Recreation Commission held public sessions and sought feedback throughout the process. Public participation was robust and provided direction on the public’s interest in the design and locati on of the facility. There were varying opinions expressed about specific aspects of the project, but support for construction of the facility was strong and no comments were made in opposition to the overall project. 2. Describe the fundraising efforts to date, and planned activities: The City of Ames has $1,950,000 in funding from donations dedicated to this project (included in the “City Contribution” section on page 7). In addition, the Ames Chamber of Commerce has solicited $8,361,745 in private donations ranging from $4,000,000 to $5,000, for a total fundraising of $10,311,745. 3. Has your project received funding through Federally funded Destination Iowa? No, this project has not received funding through Destination Iowa. 4. Has your project applied or received funding through State funded Destination Iowa? No, this project has not applied for or received funding through Destination Iowa. SECTION 2 – REQUIRED ATTACHMENTS: 2A – FY24 Donor & Fundraising Spreadsheet Excel: Donor spreadsheet that lists each donor name and the amount of the contribution. Template Required – failure to use template will result in disqualification of application. 2B - Where applicable, provide copies of signed documentation (letters, resolutions, etc.) for city and county contributions, all grant funds, and all in-kind donations. 36 9 COMMUNITY ATTRACTION AND TOURISM SECTION 3 – PROJECT PLANNING & TIMELINE 1. What is the timeline for the project? Include project start date, estimated completion date and dates for completing major milestones. Task Date Project Design January 2023 – October 2023 Bid Project November 2023 – January 2024 Award Contracts January 2024 - February 2024 Existing Building Demolition February 2024 – March 2024 Construction April 2024 – October 2025 Facility Opening November 2025 2. If work on the project is already underway, please indicate- a. What has been completed at time of application: The land has been purchased and the City of Ames has entered into contracts with RDG Planning & Design for architectural services and Story Construction for construction management services. Thus far, schematic design and design development has been completed. Geotechnical testing on the site has been completed as well as a site survey. A minor site development plan has been completed and submitted to the City of Ames for review. b. What will be complete within three months of application? Within three months of the application date, construction documents will be completed, construction bids will be received, construction contracts will be awarded, and demolition of the existing structures on the site is planned to be under way. 3. Describe the specific site for the project, noting any required acquisition of property for the project. Note: see required attachments 3B and 3C renderings, photos, and maps. The City of Ames has acquired a 2.91 acre parcel located at 115 North Elm Avenue. This was purchased from the Iowa Department of Transportation on January 5, 2023 for $2.9 million. 4. How has the planning for this project incorporated efficient and effective use of land resources and existing infrastructure? Is this project adaptive reuse or new construction? Describe any conservation efforts to reduce waste and pollution. The site for this project was selected for both the accessibility to the community, and for the opportunity to make the most beneficial use of land in the core of the city. The FFIAC facility will be new construction and requires demolition of the two existing buildings on the site. All furnishings in the buildings have been removed by the Iowa Department of Transportation and have been reused or put up for sale. Every reasonable effort will be made to keep material from the demolished structures from entering the landfill. 37 10 COMMUNITY ATTRACTION AND TOURISM Design of the building implementing modern energy efficiency standards and upgrades minimize environmental impact and decrease operating costs over time. For example, LED lighting will be installed throughout the facility, and heat generated by equipment i n the facility will be captured and reused to heat pool water and other parts of the building. Rooftop solar panels are also being evaluated for this building. 5. In the planning of this project, have a variety of transportation choices been considered, including pedestrian traffic? Please describe: Access to the facility by many modes of transportation was thoroughly evaluated and implemented into the final design. The selected site is located in the downtown city center of Ames, providing access to a substantial portion of the population by pedestri an and bike traffic. The extensive shared use path system in Ames connects directly to the selected site so patrons from across the community will be able to access the facility on foot or by bike. CyRide, the City of Ames public transportation system, will provide a bus route drop off and pick up on the north side of Lincoln Way adjacent to the aquatic center. 6. Summarize any formal studies by outside agencies that support the project. N/A SECTION 3 - REQUIRED ATTACHMENTS: 3A - Detailed cost estimates from an engineer and/or architect. The cost opinion for the proposed project must be dated within the last three years of the application date. 3B - Project renderings and/or photos illustrating the proposed project 3C - Applicable maps of area and project 3D - If land acquisition is part of the project, attach documentation of the appraised value of the real estate. 38 11 COMMUNITY ATTRACTION AND TOURISM SECTION 4 – OPERATION & MAINTENANCE Applicants must demonstrate that the proposed project will remain viable and sustainable after completion. 1. Who will be responsible for the operation and maintenance of the project following construction? Are formal agreements in place? The FFIAC will be operated and maintained by the City of Ames Parks and Recreation Department. 2. Include a chart detailing the expected income for the first five years of operations (add rows as needed): Year 1 Year 2 Year 3 Year 4 Year 5 Taxable Revenue $125,000 $500,000 $510,000 $520,200 $530,604 Other Revenue $123,698 $247,395 $252,343 $257,390 $262,538 Explanation of assumptions: 3. Include a chart detailing the expected expenses associated with the ongoing operations and maintenance of this facility for the first five years (add rows as needed): Year 1 Year 2 Year 3 Year 4 Year 5 Operating Expenses $300,727 $1,202,909 $1,226,967 $1,251,507 $1,276,537 Explanation of assumptions: 4. Describe the research or studies that were completed to generate the revenue and expense projections. When planning for the Healthy Life Center project, the City contracted with Ballard King to do a market analysis, propose a fee structure, and provide expense and revenue projections. Since this project is very similar to the aquatics portion of the HLC, we have used these projections, with some adjustments, for this project. 5. How many visitors do you expect to attract? What is the distance you draw your audience from? 39 12 COMMUNITY ATTRACTION AND TOURISM The proposed Fitch Family Indoor Aquatics Center (FFIAC) will be unique in central Iowa, catering not only to traditional swimming but also recreation and wellness activities. It appeals to a wide-ranging audience, from families to individuals of all ages. Comparing it to other indoor and outdoor swimming facilities, we anticipate approximately 55,000 daily visitors annually. This estimate accounts only for those utilizing daily admissions or season passes. Participants in organized activities like swim lessons and other classes will add to these utilization numbers.. During peak hours, the water features alone can host more than 250 active users simultaneously. On weekends, up to 750 admissions in a single day are anticipated, encompassing all activities available at the facility. 6. How do you plan to attract visitors to the project after completion? What activities will be done to promote this project and who will oversee the promotion? The City of Ames will oversee the promotion of the FFIAC, and plans to do marketing campaigns through mailers, email distribution lists, and through social media. Initial conversations have been held with Discover Ames to develop ways to promote the FFIAC to visitors of Ames. Discounted passes to hotels/motels will also be explored to provide visitors with recreational opportunities while in Ames. 7. Describe how this project enhances education, wellness (health), and breadth of the project to attract Iowans of all ages. Ames is already a sought-after destination in central Iowa for those interested in attending Iowa State University events, engaging in academic and cultural experiences, and participating in recreational athletics. The city's economic objectives are designed to align with the university's goals while also strategically diversifying our economic foundation and attracting new opportunities. The Fitch Family Indoor Aquatics Center (FFIAC) is a distinctive amenity strategically situated in a targeted redevelopment area of the city. This facility boasts various attractions, including an indoor play area, water slides, a warm water pool, obstacle features, a current channel, and a cold water pool area, making it an appealing blend of activities suitable for both families and individuals. Its unique combination of health, wellness, and recreational opportunities not only serves Ames and Story County residents but also caters to a broader audience in Central Iowa, where there is a notable absence of publicly accessible indoor aquatics facilities of this caliber. It's worth highlighting that the FFIAC's central location allows easy access by car, bus, bike, and walking. This accessibility is vital in ensuring that not only visitors to Ames find the facility appealing but also that individuals from all corners of our community can make use of this state-of-the-art venue. The recreational offerings of the FFIAC can be promoted in conjunction with Ames' hotels, enhancing the city's overall appeal and encouraging people to visit Ames an d partake in its various activities. SECTION 4 - REQUIRED ATTACHMENTS 4A – Non-Profit Only: 5-years historical profit and loss statements 4B – Non-Profit Only: 5-years historical balance sheet 40 13 COMMUNITY ATTRACTION AND TOURISM SECTION 5 – ECONOMIC IMPACT & LEVERAGE The CAT program is designed to assist community attraction and tourism activities that will benefit the economy of the community and the state. Applicants must demonstrate how the proposed project will stimulate the development of other private development, recreational and cultural attractions, or tourism opportunities, and enhance economic growth and job opportunities. 1. Describe how this project fits with the community’s overall economic development plans and quality of life, including workforce recruitment and retention plan. The Ames 2040 Plan set an aggressive population target of 86,087 people by 2040. These projections are based on a focus to support existing business and attract new industry to the community. As new jobs are attracted to the Ames region, the need for amenities like the FFIAC are more important than ever. The Ames Economic Development Commission adopted a 5-year strategic plan in December of 2022. This plan calls for the attraction of $1B in private investment to drive the creation of at least 1,500 new jobs. The City has extended infrastructure to more th an 600+ acres of land in Prairie View Industrial Center to support industrial expansion in the market. Additionally, a new 72 acre private development is under construction that will bring new commercial and industrial interests to the community. To attract and retain workforce in Ames and Story County communities to support these new industries, it is essential to provide meaningful amenities to bolster the sense of “place” in the community. The FFIAC fills a crucial need in that plan. The City of Ames is committed to furthering quality of life initiatives throughout the community. These enhancements include:: - Construction of a four season downtown plaza - Support of the LINC project; projected to bring more than $180M in private investment to the Lincoln Way commercial corridor including new restaurants and outdoor space amenities - Further public investment in the Campustown area and support of private sector investments - Enhancements to existing parks in all four corners of the community including the addition of splash pads and new playground equipment - Embracing Iowa State University’s CYTown project - Support for a new Heartland of Story County facility (Sixty Forward Center) designed to serve residents, age 60+, of not only Ames, but all of Story County The private sector has stepped forward to support the FFIAC project with their private donations because they recognize the importances of this project to the attraction and retention of workforce. The centralized location of this project along a route se rved with CYRide, the public transportation system for the City of Ames, ensures that the facility will be accessible for all ages and families of all incomes. 2. Does this project have a community, regional or statewide impact? Please explain. Story County and the City of Ames have reached an agreement to provide residents of Story County access to the FFIAC for the same rate as the citizens of the Ames community. This provides affordable access to the facility to more than 30,000 additional users. In addition, the city of Ames serves as a regional hub for business and recreation throughout the year. Arts and sporting events at Iowa State University, large scale regional events like Odyssey of the Mind, the Iowa Games, and the National Farm Progress Show, parks and recreation opportunities, and youth sporting events attract many thousands of people to the 41 14 COMMUNITY ATTRACTION AND TOURISM Ames community each year. The addition of the FFIAC will provide an amenity for these visitors to utilize when they are in the community. 3. Describe how the proposed project will stimulate the development of other private development, recreational and cultural attractions, or tourism opportunities. The FFIAC works synergistically with the other economic and community development initiatives described previously in this narrative to create a catalytic effect along the Lincoln Way commercial corridor. Creation of amenities in the core of the community will encourage investment in underutilized commercial properties in the vicinity due to the increased traffic in the area. Additionally, it is anticipated that further investment in densification of housing in the downtown core will take place as a result of these investments. The location of the FFIAC is highly visible and close to the historic downtown in Ames. Downtown Ames is already home to many cultural attractions, restaurants, and retail development. This will only increase as the Plaza and LINC projects are implemente d. We are excited for the synergy that can happen with the private and public investments planned in the heart of our community. 4. Describe the long term tax-generating impact of this project. For your response, consider the development of this project, along with development that may be stimulated as a result of the project. Local and state taxes can be included in the analysis. Taxable revenue projections for the FFIAC are highlighted earlier in this application. This project is expected to stimulate additional private investment of a commercial nature along the Lincoln Way commercial corridor that will increase local and state tax revenue. The project will provide another amenity for people visiting Ames, encouraging them to extend their stay in the community and generating additional hotel/motel tax and a strong ripple effect to our other businesses as a result of a longer stay. 5. Describe the jobs that will be created or retained as a result of the project. The staffing plan for the FFIAC is as follows: Position Full or Part TimeNew or Existing Aquatics Manager Full Existing Recreation Coordinator Full Existing Principal Clerk Full New Maintenance Specialist Full Existing Maintenance Worker Full Existing Aquatics Shift Leader Full New Front Desk Shift Leader Part New Front Desk Clerk Part New Lifeguards Part New & Existing Aquatics Shift Leader Part New Custodian/Building Attendant Part New 42 15 COMMUNITY ATTRACTION AND TOURISM APPLICATION CHECKLIST Notice of Intent to Apply submitted ☐ Questions in Sections 1 – 5 of the application completed ☐ Section 1 – Attachments (if applicable) ☐ FY24 Donor & Fundraising Spreadsheet Excel – Template (2A) ☐ Copies of signed documentation for financial support (2B) ☐ Detailed cost estimates from an engineer and/or architect (3A) ☐ Project renderings and/or photos (3B) ☐ Applicable maps of area and project (3C) ☐ Documentation of the appraised value of the real estate (3D) ☐ Non-Profit Only: 5-years historical profit and loss statements (4A) ☐ Non-Profit Only: 5-years historical balance sheet (4B) ☐ Minority Impact Statement ☐ Signed electronic version of the application submitted to IEDA ☐ 43 16 COMMUNITY ATTRACTION AND TOURISM Acknowledgment, Release of Information, & Certification 1. In the last five years, have there been any judgments or court actions completed or are any judgments or court actions currently pending against the applicant entity? ☒ Yes ☐ No   If yes, please explain. A municipal government the size of Ames is regularly the subject of litigation or threats of litigation. On average, the city is subject to 1-2 lawsuits or claims with threatened lawsuits filed against the City each year, which means that over the last five years there have been approximately 5-10. Many of these are frivolous and eventually dismissed; sometimes the City, in conjunction with our insurance carrier, settles litigation as a business decision considering the cost of protracted litigation. In the last five years, there have been no judgments issued against the City. Currently, there are two active lawsuits against the City, one by a disgruntled former employee, which the City maintains is frivolous; the other is a small claims action for approximately $1,000 filed by a citizen whom the City maintains is attempting to have the City pay for damages that were the result of his own negligence Unfortunately, such lawsuits are a fact of life for any large municipality, and are not a statement on the City’s well-run operations. 2. In the last five years, has any current director or principal officer(s) been accused or convicted of any wrongdoing or crime in their capacity as director/principal officer? ☐ Yes ☒ No   If yes, please explain 3. Have there been any current or past bankruptcies on the part of the applicant entity? ☐ Yes ☒ No  If yes, please explain 4. In the last five years, have there been, or are there currently any investigations of potential violations of public health, safety or environmental laws by the applicant entity? ☒ Yes ☐ No   If yes, please explain Yes, there has been one environmental law issue. The US Environmental Protection Agency a few months ago began an enforcement action against the City and our two subcontractors and co- permittees under the Clean Water Act, for perceived violations of that act. This was regarding a flood- control project of the City, which was funded by FEMA. The main issue was regarding the adequacy of erosion-control efforts. Mitigating factors included some slight issues with implementing standard erosion-control methods in the winter when the ground was frozen; also, it is important to note that there was no erosion taking place. Additionally, the City actually removed over a ton of soil from t he waterway, and over a ton of discarded garbage from homeless camps, etc. from the waterway and stream banks.The City seriously considered fighting this claim through a federal administrative hearing, but decided as a business decision, considering the expense of going to hearing, to reach a settlement with the EPA, which included payment of a reduced civil penalty. The settlement agreement reached with the EPA notes that the City denies that it did anything wrong or in violation of the Clean Water Act. 44 17 COMMUNITY ATTRACTION AND TOURISM I acknowledge that I have read and understand the application materials and administrative rules including the provisions relating to security and contracts as noted above. Further, I give permission to the Enhance Iowa Board or the Iowa Economic Development Authority (IEDA) to perform due diligence, perform credit checks, contact the organization’s financial institutions, and perform other related activities necessary for reasonable evaluation of this proposal. I understand that all information submitted relating to this application is a public record. I certify that all representations, warranties, or statements made or furnished in connection with this application are true and correct in all material respects. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for procuring economic development assistance from a state agency or subdivision. Signature of applicant certifying officer or individual: Signature of co-applicant certifying officer or individual: Date: 45 18 COMMUNITY ATTRACTION AND TOURISM MINORITY IMPACT STATEMENT Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). ☒ The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. ● Describe the positive impact expected from this project. The City of Ames is committed to embracing diversity and encouraging inclusion to ensure citizens and visitors alike know they belong in our community. The FFIAC is no exception. Care was taken in the design of the facility to not only meet, but exceed ADA accessibility requirements. For example, restroom and locker facilities will be equipped with motorized adjustable adult changing tables which will provide additional support for users with disabilities and their families. Restroom and locker rooms facilities are another area where inclusion was considered. Gender neutral restrooms and family/gender neutral locker rooms are included in the plan, in addition to traditional restroom and locker room amenities. These features en sure all visitors to the facility will feel welcome and comfortable utilizing this community amenity. ● Indicate which group is impacted: ___ Women _X_ Persons with a Disability ___ Blacks ___ Latinos ___ Asians ___ Pacific Islanders ___ American Indians ___ Alaskan Native Americans _X_ Other (LGBTQ+ Community) ☐ The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. ● Describe the negative impact expected from this project. ● Present the rationale for the existence of the proposed program or policy. ● Provide evidence of consultation of representatives of the minority groups impacted. ● Indicate which group is impacted: ___ Women ___ Persons with a Disability ___ Blacks ___ Latinos ___ Asians ___ Pacific Islanders ___ American Indians ___ Alaskan Native Americans ___ Other ☐ The proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. ● Present the rationale for determining no impact. 46 19 COMMUNITY ATTRACTION AND TOURISM I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Name: _______________________________________________ Title: ________________________________________________ 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 ITEM #:8 DATE:01-09-24 DEPT:Transit SUBJECT:CYRIDE AWARD OF CONTRACT FOR RECONDITIONED REPLACEMENT ENGINES COUNCIL ACTION FORM BACKGROUND: CyRide maintenance staff has determined that 40’ heavy-duty buses equipped with Cummins ISL engines purchased between 2008 and 2012 are approaching the end of the engine’s useful life. These vehicles are between 11 and 15 years old, with an average mileage of over 340,000. Due to cylinder wear, some of these engines are exhibiting excessive crankcase pressure. The engines in CyRide buses 105, 106, and 189 are experiencing the most severe issues, leading to their removal from regular daily service. After evaluating repair options, maintenance personnel have determined that these engines need to be replaced and that purchasing reconditioned engines will provide the best value for CyRide. Reconditioned engines are remanufactured by the original equipment manufacturer, providing a like- new engine with a two-year warranty. CyRide’s mechanics will provide the labor to install the reconditioned engines. On November 21, 2023, CyRide, in coordination with the Purchasing Department, issued a request for quotation (RFQ). Quotes were due on December 7, 2023. The RFQ required respondents to provide the cost of the base engine, shipping, and “core costs.” The core costs will be returned to CyRide when the used engine is returned to the successful bidder. CyRide received two bids in response to the RFQ. After evaluating responses, Trivista Companies Inc. of Altoona, Iowa, was identified as the lowest bidder. The total costs in each bid are summarized in the table below, and the AmesBids sheet is attached. Bidder Reconditioned Engine Cost Engine Core Cost Shipping Cost Total Bid Cost MHC Kenworth $101,108.39 $16,875.00 $0.00 $117,983.39 Trivista Companies Inc.$99,862.78 $16,875.00 $0.00 $116,737.78 CyRide currently budgets eight engine replacements per year in the parts budget. Staff has evaluated the parts budget and determined that purchasing three reconditioned engines will not exceed the budgeted amount. The award of the contract to Trivista Companies Inc. was approved by the Transit Board at its December 21, 2023, meeting. ALTERNATIVES: 1. Approve award of contract for the purchase of three reconditioned engines to Trivista Companies Inc. of Altoona, Iowa, for a total cost of $116,737.78. 2. Reject all bids and direct staff to proceed according to City Council priorities. 63 CITY MANAGER'S RECOMMENDED ACTION: Awarding this contract will enable CyRide to make needed repairs to the three buses mentioned above and return them to regular in-service usage. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Bid Tabulation by Supplier Spreadsheet.pdf 64 Event Number 2024-083 Organization City of Ames Purchasing Event Title Reconditioned Bus Engines Workgroup Purchasing Event Description Ames Transit Agency, dba: CyRide, is accepti Event Owner Quinn Eggink Event Type RFQ Email quinn.eggink@cityofames.org Issue Date 11/21/2023 08:30:24 AM (CT)Phone (515) 239-5128 Close Date 12/7/2023 02:00:00 PM (CT)Fax Responding Supplier City State Response Submitted Lines Responded Response Total Trivista Companies Inc.ALTOONA IA 11/28/2023 04:07:32 PM (CT)9 $116,737.78 MHC Kenworth Des Moines IA 11/21/2023 11:45:52 AM (CT)9 $117,983.39 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. 2024-083 - Page 1 65 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 December 22, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Fitch Land Development: Birch Meadows 2nd Addition Financial Security Reduction Mayor and Council Members: I hereby certify that asphalt pavement surface, manhole adjustments, and street lights required as a condition for approval of the final plat of Birch Meadows Subdivision 2nd Addition have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security on file with the City for this subdivision be reduced to $6,335. Outstanding items yet to be completed include COSESCO (erosion & sediment control) and street trees. Sincerely, John C. Joiner, P.E. Director JJ/tp cc: Finance, Developer, Planning & Housing, Subdivision file 66 Birch Meadows Subdivision 2nd Addition December 22, 2023 Page 2 Items completed with the most recent reduction include: Item Description Unit Quantity Manhole Adjustment, Minor EA 2 Pavement, HMA, 2 Inch, Surface SY 2720 Street Lights EA 6 Items to be completed with this reduction include: Item Description Unit Quantity COSESCO ACRE 5.07 Street Trees EA 19 67 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 December 22, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Domani Subdivision 2nd Addition Financial Security Reduction #1 Mayor and Council Members: I hereby certify that street lights required as a condition for approval of the final plat of Domani Subdivision 2nd Addition have been completed in an acceptable manner. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $52,636. The remaining work covered by this financial security includes COSESCO, Street Trees, sidewalks, pedestrian ramps, and Pavement and HMA, Surface, 2”. Sincerely, John C. Joiner, P.E. Director JJ/tp cc: Finance, Planning & Housing, Subdivision file 68 Domani Subdivision 2nd Addition December 22, 2023 Page 2 Items completed with this financial security reduction: Item Description Unit Quantity Street Lights EA 4 Items to be completed with this reduction include: Item Description Unit Quantity COSESCO AC 8.6 Street Trees EA 15 Pavement, HMA, Surface 2” TON 144 Sidewalk, 5 Inch PCC SY 196 Sidewalk, 6 Inch PCC SY 15 Detectable Warning SF 20 69 ITEM #:11 DATE:01-09-24 DEPT:P&R SUBJECT:CONTRACT COMPLETION FOR INIS GROVE RESTROOM RENOVATION PROJECT COUNCIL ACTION FORM BACKGROUND: In July 2022, a portion of the Inis Grove Park Restroom located adjacent Duff Avenue caught on fire, resulting in approximately $145,000 in damage. The structure fire resulted from an adjacent garbage can which was intentionally set on fire by individuals who set a total of three fires in the park that evening. The restroom was initially renovated by HPC, L.L.C., and opened to the public in summer 2020. Representatives from HPC, L.L.C., were called on to develop a cost estimate to repair the restroom after the fire. The proposal to repair the damage was estimated at $145,000 and was presented to the insurance company that represents the City. An insurance adjuster inspected the fire damage and issued a check in the amount of $112,580 to the City. The check amount reflects the adjuster's damage estimate less the City's deductible of $25,000. City Council awarded a contract for the repairs to HPC, L.L.C., Ames, Iowa, on March 14, 2023 for a not-to-exceed amount of $137,580. HPC L.L.C., started the project in early August 2023 and finished in early November 2023 at a total cost of $135,000. Funds to complete the project included $25,000 which came from savings on the Ada Hayden Heritage Park Wetland Dredging project and $112,580 from the insurance company. The $2,580 remaining from the project will be used for another project. ALTERNATIVES: 1. Accept completion of the contract for the Inis Grove Park Restroom Repair Project with HPC L.L.C., Ames, Iowa, in the amount of $135,000. 2. Do not accept completion of the contract for the Inis Grove Park Restroom Repair Project with HPC L.L.C., Ames, Iowa in the amount of the $135,000 3. Refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: Inis Grove Park is one of the most popular parks in Ames and having bathroom amenities available for park users is very important. Unfortunately, the timing of the repairs did not allow the restroom to be opened in 2023, but the bathroom repair project has been completed in accordance with the contract and will be open for the 2024 season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 70 To:Mayor & City Council From:Climate Action Plan Committee Date:January 9, 2024 Subject:Climate Action Plan Item No. 12 MEMO Please see the attached report regarding the Climate Action Plan and Seven Initial Implementation Steps that details the recommendation from City staff. SLS/sg ATTACHMENT(S): Staff report regarding Climate Action Plan and Seven Initial Implementation Steps City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 71 SEVEN INITIAL STEPS IN IMPLEMENTING THE CITY’S CLIMATE ACTION PLAN After reviewing the Six Big Moves suggested by City’s Climate Action Plan (CAP) consultant, SSG, and analyzing the recommended action steps in accordance with eight evaluation criteria (cost, administrative effort needed, feasibility of achievement, legal feasibility, available funding sources, impact on property taxes and utility rates, impact on inclusion, and cost compared to the tonnage of carbon reduced), the City staff is recommending the following seven initial projects in the implementation of the City’s Climate Action Plan. STEP 1 - INCREASE WIND AND SOLAR GENERATION AS PART OF ELECTRIC SERVICES RENEWABLE ENERGY PORTFOLIO This step reflects a lowest cost per ton of carbon removed, achieves the greatest percentage of carbon removed from all the proposed CAP action steps, requires minimal administrative burden on the existing staff, and involves projects in which staff has previous experience. According to our Greenhouse Gas Inventory, electricity represents approximately 40% of the community’s overall greenhouse gas emissions. Emissions are created by gas combustion at the Power Plant, but also indirectly created when electricity is purchased from the regional market. Currently, Ames Electric Services has purchased 30 MWs of wind through a PPA (Power Purchase Agreement) that expires prior to 2030, and 2 MW of solar through a PPA. Overall, approximately 14.32% of our annual electric usage comes from wind, about 0.38% from solar, and 3.55% of energy is produced from the combustion of resource derived fuel (RDF), for a total of 18.25% of renewable energy. 72 Based on staff analysis and from data obtained for a Request for Proposal issued in late 2022, the following conclusions have been reached regarding diversification our renewable portfolio: 1) Presently approximately 47.31% of the City’s electricity is produced by the Ames Power Plant as an indirect result of burning RDF. Given the ratio of gas to RDF that is required by our permit to be burned in our boilers, we will be prevented from achieving more than a 55% carbon reduction. 2) To achieve cost-competitive renewable energy, the projects must be “utility sized” (40 MW or greater). In general, individual rooftop solar installations cost 3 to 4 times more than utility-sized solar per MWh produced, and ground-mounted solar costs twice as much as utility-sized per MWh produced. 3) Currently, wind is only available in utility-sized projects, and is more cost effective than utility-sized solar on a per MWh basis. 4) Projects greater than 5 MW are required to pass through a regional transmission system review process which takes several years to complete and makes the project susceptible to transmission system improvement costs. 5) The Inflation Reduction Act (IRA) allows cities and municipal electric utilities to receive “direct payment” of tax credits 30% or greater for solar and wind energy projects they build and own. STATUS: Electric Services is pursuing the following three options to increase the amount of renewable energy in our electric mix. 1. Solar Projects within the City of Ames At the present time, staff has a short list of vendors to install solar panels on the roofs of three city buildings, and one to two local sites. The expected nameplate capacity of these solar projects total between 7 to 15 MW, and if built, the projects would provide an additional 3% to 6% of the annual electric consumption of Ames Electric Services customers. Although the energy cost for these projects is above the current average production cost of the City’s existing wholesale power supply, the projected impact on electric rates is less than a 2% increase. One possibility of partial funding for a locally sited community solar project is the “Solar for All” program. These are federal dollars that will be administered by the State Energy Office, with a focus on using solar to lower utility bills to income -qualified households by 20% or more. Electric Services wrote a letter of support to the proposal from the State Energy Office to the Environmental Protection Agency (EPA). The proposed program would include funding that could be paired with federal tax credits to lower the cost of solar installed by the City, provided some direct utility bill credit was applied to income - qualified participants. The program would be a way to leverage additional outside funds to build more local renewable energy and help low to moderate households with their utility costs. This state program is expected to accept applications in early 2025, with funding announced by mid-year. 73 2. Utility-Sized Wind Projects Staff is also developing a Memo of Understanding with a wind developer on a proposed project in the area. The estimated size of the project has a nameplate rating of 80 MW and could provide up to 50% of the electric consumption of the City. Currently, staff is reviewing the options of ownership vs. PPA to determine the impact on electric rates if this option is selected. This project has already started its review process through Mid-Continent Independent System Operator (MISO). This project already has completed its first of three reviews. 3. Customer-Owned Rooftop Solar The last activity under this topic is customer-owned rooftop solar. Ames Electric already has a program in place and has seen nearly 200 customers taking advantage by installing solar panels on their roofs representing 1.5 MW. Through the current Cost-of-Service study, there will be some recommendations presented to the City Council in the future, suggesting changes to the program or to the rates. STEP 2 - WASTE-TO-ENERGY IMPROVEMENTS/REDUCING WASTE EMISSIONS In December 2022, a consulting report was presented to the City Council evaluating options to burn refuse in a separate boiler thereby significantly reducing the amount of gas that would be needed to run our Power Plant and facilitating the ability of Electric Services to take advantage of lower priced energy from the grid when it is cheaper to purchase. The report indicated that the costs associated with this strategy would range from $120 to $280 million. At the same time, the City Council directed staff to explore an Organized Garbage Collection system that could facilitate the collection of organics, yard waste, and recyclables and reduce the number of truck trips and associated emissions. STATUS: Cardboard Recycling Has Begun Electric Services has begun a pilot project to increase cardboard recycling. In summer 2023, six cardboard recycling bins have been situated in the Downtown area. They are emptied on a weekly basis by Metro Waste Authority, which transports the cardboard to its facilities for processing and recycling. All bins are between 75% and 100% full every week, removing more than 10 tons from the waste stream to date. By diverting this material from the waste stream, less natural gas is used by the Power Plant to dispose of the cardboard in the boilers. Initial results from this pilot project indicate a strong demand from residents and businesses for this type of program. Therefore, Resource Recovery staff has ordered roll- off containers to be placed in locations around the community for cardboard collect ion. The collected cardboard will be transported by Resource Recovery staff to recycling facilities in Des Moines (multiple facilities will accept cardboard; staff will determine which facility based on the sale price of cardboard and the ability of the facility to accept it). With 74 Resource Recovery taking over this project with its own collection containers, the Metro Waste Authority receptacles located downtown will be phased out in early 2024. Natural Gas Purchase Reduced The contract cost for natural gas at the Power Plant has increased for calendar year 2024 by approximately 30% compared to 2023. To offset this cost increase, the amount of natural gas being purchased by Electric Services for 2024 has been reduced by 15%. This will decrease the amount of RDF that can be processed and will increase the need to divert solid waste from the Resource Recovery facility and to find alternative methods to dispose of recyclable materials. Staff anticipates the natural gas reduction will require a corresponding reduction in the amount of refuse derived fuel that can be processed in the Resource Recovery Plant from the 30,000 tons per year to 27,000 tons in 2024. It is expected that this total will be further reduced to 25,000 tons in calendar year 2025, as natural gas prices are expected to continue to increase. Increased diversion of solid waste from the Resource Recovery System to the Boone County Landfill has accelerated the consumption of usable space at this facility. While Boone County is obligated to take Story County waste through 2025, when the current comprehensive solid waste plan expires, City staff anticipates that Boone County will not wish to continue serving as the final disposition of Story County’s solid waste after 2025. Waste Disposal Because the December 2022 study identified potential costs of a new waste-to-energy facility that are prohibitive, Staff is now exploring the following options related to the long- term future of solid waste disposal in Story County: 1. Direct Haul of Story County Waste to another Landfill or Construction of a Transfer Station in Ames When Boone County Landfill ultimately decides to remove Story County waste from its system and a new dedicated waste-to-energy system is not constructed, then arrangements will need to be made to dispose of Story County’s solid waste. This could be through direct haul of waste and recyclables to facilities in other counties for disposal (such as Marshall County, Carroll County, or Metro Waste Authority in Polk County), or it could take the form of the construction of a transfer station in Story County where haulers would drop their loads and consolidated loads then would be hauled via semi-trucks to landfill and/or recycling facilities. The details regarding this approach, including how it would operate, the services provided, the costs, etc., are yet-to-be-determined. Staff is consulting with Des Moines Metro Waste Authority regarding potential interest in such a transfer station (including construction, operation, and/or receiving the materials delivered there). 2. Identify A New Partner to Jointly Fund a Dedicated Waste-to-Energy Facility Des Moines Metro Waste Authority staff expressed a possible interest in assisting with capital costs related to a new dedicated waste-to-energy boiler. Outside financing from a 75 new partner could make such a project significantly more financially feasible. Staff is meeting with Metro Waste Authority to more firmly establish whether this interest is actionable. Electric staff has been approached by a waste-to-energy consultant that believes the construction cost estimates developed in the 2022 study for a dedicated waste-to-energy boiler are substantially higher than their experience. Staff is in communication with that consultant to validate their lower construction cost estimates. 3. Organized Waste Collection System As requested by the Council, The City Manager’s Office is working on analysis and next steps regarding an organized garbage collection system. It should be noted that a waste collection decision is entwined with the City Council’s ultimate decision regarding waste disposal. Therefore, a decision regarding moving to an organized waste collection system should be made at the same time a waste disposal strategy is adopted. The 2023 Resident Satisfaction Survey included questions regarding interest in an organized collection system and willingness to sort materials from garbage. Survey results were collected from 596 randomly selected Ames residents. This year’s survey found that, overall, most respondents were more willing to sort certain products from their garbage compared to 2022. Percent increase ranged from 10% (organics) to 32% (glass). Glass is the waste product that respondents were most willing to sort (87%), followed by metal (80%) and plastic (80%). Respondents were least willing to sort organics from their garbage with 51% indicating that they were not willing to sort organic material from their garbage. Respondent Preferences for Sorting Waste Types from Their Garbage Waste Type 2022 2023 Glass 54.9% 87.2% Metal 64.0% 80.3% Plastic 64.8% 80.0% Organics 38.4% 48.8% Survey respondents were asked their preferred method of disposal of sorted waste, with options including: 1) no-charge centralized drop-off, 2) curbside collection for a fee, 3) willingness to participate in either program, 4) not interested, and 5) other. Almost 1/3 (31%) of the respondents would participate in either program (no charge centralized drop-off or curbside collection for a fee). Another quarter of them preferred no-charge centralized drop-off, while 26% preferred curbside collection for a fee. When asked if they currently pay for curbside recycling through their garbage hauler, 10% said yes. 76 Preferred Method of Disposing of Sorted Waste Items It appears from these results that there is a moderate appetite among the community for additional opportunities to recycle, either through curbside collection or through a drop-off program. Staff is preparing for a report to the City Council in 2024 to seek further direction regarding these initiatives. Ongoing Strategies to Reduce Waste 1) Continued outreach and education about expanded recycling drop-off options at RRP. Also, continued outreach and education about existing glass recycling and food waste recycling currently available. 2) Outreach and education about the true cost of garbage and the benefits of producing less waste. 3) Bring a long-term strategy for the collection and disposal of recyclables and solid waste to the Council for consideration within the next six months. STEP 3 - NET ZERO AND NET ZERO-READY (NZR) NEW CONSTRUCTION The City Council could consider 1) changing our Zoning Ordinance to include specific design features of a building that support both being Net -Zero Ready and Passive Building Design and/or 2) requiring Net-Zero Ready and Passive Building Design as part of annexation and contract rezoning. Net Zero Ready is an interim design condition for a new building that if on-site generated renewable energy was added to the building it would have no net energy demand. However, at the time of construction it does not include the energy generation source, it would be added later. To accomplish this standard, an energy-usage allowance is established prior to construction based upon potential of on -site generation and then the design of the building must work towards the defined cap on energy usage for heating, cooling, and plug loads. This would be accomplished by the designer through performance modeling. The building cannot use natural gas for heating. Ultimately, the on -site generation is needed for a building to become Net Zero Ready. Passive Building Design is similar to the intended outcome of Net Zero Ready but utilizes its building design elements to manage heating and cooling needs without relying upon on site energy generation. 77 Designing and constructing a Net Zero Ready home would not have a substantial difference in cost since the expense of a solar system is not included up front. It does require more effort to design the home and intentionally incorporate the required features to be net zero ready, and there would be an initial learning curve in the building industry to adapt to this standard in Iowa. The cost of a passive home compared to conventional construction is unknown because it is a wholly different approach to design and is not yet common in the building industry. A Passive Building Design requirement would benefit from a pilot project approach as a learning project for designers and builders. Both approaches result in building performance that is above and beyond energy code requirements of the City and State of Iowa. However, it must be emphasized that State law prohibits a city from establishing requirements in a local building code that exceed the State Building Code. In addition, a city cannot directly restrict the use of natural gas for any purpose. Indirectly, the City can require through its development standards certain features such as a south facing roof that would make solar installation more feasible. Other design standards could be required regarding windows, eaves, and other building features that relate to Passive Building Design. To make mandatory types of changes relying upon development standards, it would require a thoughtful audit and assessment of the design standards to ensure that development is still feasible and density objectives could also be accommodated when considering lot and site orientation. There is likely a difficult balance between pursing sustainability objectives and providing for increased housing production in the City due to unknown of the sustainability requirements. PUDs Using a PUD Overlay to require sustainability measures is possible because the PUD is an optional special district. The City could establish optional alternative performance requirements for implementation of certain green building or energy efficiency measures that then provides relief to other standards for setbacks, lo t size, etc. While this can be done with the PUD, since it is an optional zoning tool, it may not be utilized by a developer as they may prefer to develop within base zoning standards. Annexation and Rezoning Agreements Separately from base zoning and PUD standards, the City of Ames could utilize its annexation and rezoning authority to set expectations for future development that exceed base zoning requirements using development agreements. To do this, the City Council would establish a policy of features or standards to be included in a development agreement that could then be agreed to through the annexation or zoning process. The City Assessor has indicated that outfitting new buildings with more energy efficient features does not add to the assessed value. Therefore, a new tax abatement program to promote retrofitting would appear to be an ineffective incentive. Electric Services currently supports the voluntary adoption of net-zero and net-zero ready building through Smart Energy programs by offering a $3,000 net-zero rebate on new homes, as well as other rebates. Smart Energy programs are limited to buildings served by Electric Services. This rebate incentive, at its current level, is likely not sufficient to promote voluntary participation. 78 Should the City Council want to explore these ideas further, a decision must be made whether this is a high priority to be included in the Planning Workplan for the coming 18 months. STEP 4 - RETROFITTING EXISTING BUILDINGS SSG’s analysis indicates that retrofitting existing buildings generates net savings because the improvements will reduce energy consumption and costs for property owners. However, retrofitting property represents a huge initial financial investment with a payback over time. Retrofitting existing structures can reduce our community carbon footprint by 15%. Residential, commercial, and industrial properties will require millions of dollars of upgrades to begin realizing a lower carbon footprint. The City Assessor has indicated that outfitting buildings with more energy-efficient features does not add to the assessed value. Therefore, a tax abatement program to promote retrofitting would appear to be an ineffective incentive. STATUS: For years, a niche group of homeowners and businesses have invested in high -efficiency upgrades like improved heating and cooling system, energy-efficient windows, increased insulation, passive lighting, and solar panels. Early adapters have been implementing these building techniques for many years. Ames recently permitted its 200 th solar installation. Still, most structures being built in Ames continue to feature traditional design and mechanicals. Retrofitting existing buildings provides the opportunity for all residents interested in energy-efficiency to implement changes through enhanced energy audits, incentives, low- and no-interest financing, and custom, prioritized work plans. The following are possible options to pursue under this step. Permit Incentives In FY22/23 there were 507 permits issued for new air handlers and 605 water heaters. The applicable mechanical fee for a new air handler is $65.35 and the plumbing fee for a new water heater is $56.25. The City Council could choose to reduce this fee when the appliance change is upgraded to an energy efficient appliance. Currently, there is no documentation required regarding the type or specifications of an appliance during the permitting process. To receive a credit, that information would need to be revi ewed and approved by City staff. Because waiver of permits is insignificant as compared to the total cost of retrofitting, it is unlikely that this incentive will entice a homeowner to make the needed improvements. Smart Energy Incentives Electric Services’ Smart Energy programs are in place today with an overall annual budget of $1.2 million. These programs will be reviewed and tailored to encourage greater adoption of beneficial electrification and energy efficiency practices. Smart Energy rebates can be used to lower costs for some retrofit projects. 79 Small-Scale Pilot project Initially, Staff considered an income-restricted, home retrofitting pilot project to serve 10 - 15 homes with full weatherization and electrification. However, after evaluation, staff believes a small pilot program serving less than 15 homes would take a disproportionate amount of staff time and expense for relatively small returns. Full electrification retrofits may cost in the range of $30,000 to $50,000 per home. Another concern is making large investments in a small number of homes for a relatively small carbon reduction. Another option to improve energy-efficiency for low-income Ames Electric Servies customers would be to partner with Mid-Iowa Community Action (MICA). MICA administers the federally funded Weatherization program. However, MICA cannot use Weatherization funds to reshingle a roof or fix an asbestos issue within a home. The need for these types of projects can prevent a low-income resident from accessing Weatherization funds for energy upgrades. The City could pursue the use of CDBG funds to improve structural issues for homes owned by income-qualified residents. This step is key because it could unlock additional funds to make energy improvements. This would address a need within the community and put low-income residents on the path to energy reduction. An alternative option to improve energy-efficiency for low-income Ames Electric Servies customers would be to assist Mid-Iowa Community Action (MICA) in their backlog of eligible Weatherization participants. This would address a need within the community and put low-income residents on the path to energy reduction. The additional funding to MICA could be earmarked for projects that align with the Climate Action Plan and include an emphasis on electric service upgrades, heat pump water heaters and heat pump HVAC. Community-Wide Retrofit Option One program that would assist all households in Ames in reducing energy costs is no or low-interest funding repaid through a customer’s monthly utility bill. On-bill financing, sometimes known as PAYS (Pay As You Save), can help fund energy upgrades that result in long-term savings to customers, making energy-efficient upgrades more accessible to a wide range of households and incomes. This idea has been successfully implemented in communities across the country. The first step for the homeowner is a comprehensive energy audit that measures a home’s existing conditions and models potential energy savings. The audit identifies the most cost- effective efficiency upgrades and develops a plan of action. Although the Smart Energy program currently offers energy audits, this new program requires an enhanced audit that provides homeowners a detailed roadmap for recommended upgrades. The second step would be to provide low- and no-interest financing to enable residents to invest in their homes and directly reduce their carbon footprint. The final step is a repayment plan tied to the utility account that stays with the address regardles s of who owns the home. 80 To assist homeowners, there are newly expanded energy efficiency tax credits and to -be- announced federally funded, income-qualified rebate programs (HOMES and HEERA) that can help to buy down the upfront cost of upgrades. There are funding streams, called “green banks,” that could provide with zero- or low- interest loans to the City to enable financing to homeowners. For example, the City could secure a loan in the needed amount from the Rural Energy Savings Program (RESP). These funds can be borrowed at rates as low as 0%. Revenues received from the customers’ monthly payments would pay for the City’s loan obligation to RESP. A possible budget for this program for 300 houses could be: $ 250,000 Performance of enhanced energy audits $ 25,000 Marketing of Program $ 50,000 Part-time Program Administrator $325,000 Estimated First Year Costs. Not all homeowners who receive an enhanced energy audit will go forward with implementation. For those who do, the City could borrow funds from a “green bank” to administer an energy-efficiency funding pool for residents. Projects financed through an on-bill financing program would benefit customers by lowering their energy costs and may benefit the budget of Electric Services as well. Projects that lower summer peak demand help keep electricity rates low. Beneficial electrification projects, like heat pump water heaters, air source heat pumps, or geothermal heat pumps can also benefit the utility through increased energy sales during off-peak periods or seasons. As indicated above, an on-bill finance program for three hundred houses, coupled with increased energy audits and guidance for homeowners would require increases in the existing Smart Energy programs budget. However, preliminary analysis indicates that a program could be implemented while keeping the overall Smart Energy prog rams budget close to historical limits. For reference, in FY2017/18 the program spent just over $1.5 million compared to the current $1.2 million budget. STEP 5 - RETROFIT MUNICIPAL BUILDINGS An initial step for this project will be to hire a consultant to conduct a detailed study of each building with recommendations for needed retrofit elements, cost of the elements, funding strategy for each element, and timing for implementation of each element. STATUS: Electric Services has compiled a list of City buildings and gathered utility bill history for each. This will help prioritize buildings with larger energy usage or a higher energy use per square foot than expected. Fleet and Facilities partnered with Electric staff on a grant application with the U.S. Department of Energy’s Clean Energy to Communities (C2C) program. The City applied for and was accepted into the Evaluating and Prioritizing Municipal Buildings for Energy Efficiency and Decarbonization Investment program. With this approved, we are placed 81 in a cohort of cities with similar goals. One of the deliverables is a draft Request for Proposal (RFP) for an energy audit of municipal buildings. Once the audit is completed, the information will be used to set a plan and timeline for retrofitting municipal buildings. Electric Services will support retrofits of City-owned buildings by paying for an energy audit on each building, if needed. Additional support can be provided through existing Smart Energy rebates available to all Electric customers. STEP 6 - ELECTRIFY THE MUNICIPAL FLEET (NON-CYRIDE) When available and capable of meeting the needs of the required work, the Staff will purchase electric vehicles. It should be reminded that this project excludes CyRide. Given the cost of electric buses – more than $1 million vehicle – the CyRide Board has committed to purchasing 17 of the 95 buses in the fleet by 2050. CyRide recently purchased five more battery-electric buses. STATUS: For several years, Fleet Services has been committed to green vehicles when they are available and can meet the needs of the department. Examples include the use of B100 in heavy duty vehicles and hybrid vehicles. To speed up the implementation of electric vehicles (EVs), Fleet has appropriated funds to help departments buy the first replacement EV or hybrid vehicles. This approach assisted in the purchase of two all- electric and two hybrid pickups to replace regular gas vehicles. The additional cost to purchase a hybrid is approximately an increase of $5,000 and all -electric is $10,000. However, we expect to see a reduction in maintenance and fuel costs of the vehicles. Currently, hybrid vehicles in the City fleet see a reduction of 50% in fuel usage and lower maintenance costs due to fewer oil changes and brake repairs. EVs traditionally have lower maintenance costs with the equivalent mileage, so overall they should experience a significant reduction in the costs of operating. The goal is to purchase EVs, when possible, but availability and the type of work needed may necessitate going to hybrids. This will continue to lower our greenhouse gas emissions while moving towards all-electric. Staff will also continue to look for opportunities to lower greenhouse gas emissions in vehicles and equipment where all-electric or hybrid vehicles are not possible. This will include looking at bio and alternative fuels. As we move towards all-electric, it will be important to have the proper EV charging in place at City buildings. Electric Services will support the conversion to electric vehicles by supporting EV charging infrastructure. Some projects may be supported through existing Smart Energy rebates, funds dedicated in the CIP for EV charging, and/or through several grant funding opportunities. Electric Services offers rebates for customers to install chargers at their homes and businesses through its Smart Energy rebates. Homeowners can receive a rebate of up to $500 for the installation of a Level-2 charger, and businesses can receive a rebate of up to $1,500. Additionally, Electric Services is willing to partner with business and community organizations to host public EV chargers at their locations. Three of the ten locations in 82 the city are examples of this type of public partnership. Electric Services is pursuing grant opportunities that may result in many more public EV charging throughout the community. Electric Services’ five-year CIP reflects $200,000 each year for new EV charging infrastructure. STEP 7 - CREATE A MAYOR’S CLIMATE ACTION PLAN LEADERSHIP TASK FORCE It is believed that a task force, comprised of community leaders from the various public and private entities that are crucial to meeting the City Council’s community-wide carbon reduction goals, should be created. While many public and private organizations throughout the community have expressed interest in carbon reduction, there is a vast difference in the level of commitment and implementation strategies. Larger organizations, like Iowa State University, have had a working carbon reduction plan in place for years. Other organizations are just beginning to express an interest. A CAP Leadership Task Force could serve as a carbon reduction resource with members identifying their carbon reduction goals and planned action steps, sharing their expertise, and looking for ways to work together to reduce our community carbon footprint. One model could be to use Smart Business Challenge (SBC) membership as the basis for selecting task force members, since several of the nearly 40 participants have been active since 2014 when the SBC was formed. Another model would open task force membership to those who self-select and appoint members to serve. This model was used to form the Supplemental Input Committee for the Climate Action Plan. 83 ITEM #:13 DATE:01-09-24 DEPT:P&R SUBJECT:ALCOHOL AND CONCESSION POLICY FOR AMES CITY AUDITORIUM COUNCIL ACTION FORM BACKGROUND: In May 2023, staff proposed to City Council the idea of providing alcohol and concession service at Ames City Auditorium (ACA) events. Staff presented three options regarding alcohol and concession sales at ACA, which included: 1) Contracted vendor sales, 2) Sales by City staff, or 3) Continue operations with no alcohol sales. Pros and cons, as well as budget forecasts for each of the three options, were provided to Council for discussion. City Council directed staff to proceed with the concept to sell alcohol and concessions at ACA through a contracted vendor and empowered staff to decide which events are appropriate for alcohol sales. ALCOHOL AND CONCESSION POLICY: Prior to soliciting bids for a qualified vendor, staff has developed an alcohol and concession policy, Attachment A, to guide how alcohol and other concessions will be handled at the facility. The draft policy was developed collaboratively with staff from Parks and Recreation, Police, Legal, and Risk Management. The purpose of the policy is to ensure the safety of patrons and staff, protect City assets, and maintain a welcoming environment for all users at ACA. Staff has also developed staffing guidelines for events with alcohol service to determine the number and type of personnel anticipated for security and monitoring of the consumption areas. These staffing guidelines are mentioned for information only as Council does not need to approve them. The Alcohol and Concession Policy outlines what can be sold and when, vendor responsibilities, and City responsibilities. What Can Be Sold And When - Only contracted alcohol vendors through the City are allowed to serve alcohol in the Auditorium for events. Alcohol service is to include beer and wine sales only. No hard liquor is allowed. Vendors will also be permitted to sell pre-packaged food items and non-alcoholic beverages. Parks and Recreation, through a contracted vendor, reserves the right to sell beer and wine at all Auditorium events and rentals except for ISU student sponsored events, events or rentals that are religious in nature such as a church service, bible school, or a religious retreat, and events specifically targeted to families and youth. Additionally, if an Auditorium event is eligible for alcohol service but the organization reserving the Auditorium wishes for alcohol not to be served, the organization can request an alcohol service exemption, which would be administratively approved or denied by City staff on a case-by-case basis. Vendor Responsibilities - Vendors must possess a valid State of Iowa Permit for beer and wine service at the City Auditorium; have Liquor Liability/Dramshop insurance for service at the City Auditorium; possess any licenses or permits necessary by the State and the City for selling pre-packaged, non- alcoholic concession items; secure a City vending license; and have an insurance certificate naming the City as additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit. Additionally, vendors are responsible for ID checks and must provide wristbands for patrons who are of legal drinking age. Persons checking IDs must have completed the State of Iowa 84 I-PACT training and shall participate in the Ames Police Department identification training, when offered. City Responsibilities - The City will specify the alcohol consumption area for the Auditorium; be responsible for any additional staffing needed for security and crowd monitoring; and reserves the right to continuously evaluate and update policies and practices as deemed warranted. The City requires a percentage of all gross sales (minimum of 10%), in accordance with the vendor contract, to be payable to Ames Parks and Recreation. Vendor contracts are subject to termination at any time by the City and the City is not responsible for loss of revenue as a result of contract termination. Once the policy is approved by City Council, staff will solicit vendors through a formal bidding process. Alcohol and concession sales could begin late spring or early summer. Staff has informed the Parks and Recreation Commission regarding alcohol and concession sales and the Commission fully supports this endeavor. ALTERNATIVES: 1. Approve Ames City Auditorium Alcohol and Concession Policy as presented. 2. Approve Ames City Auditorium Alcohol and Concession Policy with changes as directed by Council. 3. Do not approve Ames City Auditorium Alcohol and Concession Policy. CITY MANAGER'S RECOMMENDED ACTION: Staff is continuously exploring new ways to increase programming, reduce the tax subsidy, and attract larger and newer audiences to the Ames City Auditorium (ACA). The ACA is also developing strategies to overcome the anticipated revenue loss in the upcoming years from Lutheran Church of Hope (Hope Church) as they complete construction of their own building. The anticipated revenue loss from the Hope Church rental is approximately $42,000 annually. ACA event attendees regularly ask staff as to why alcohol is not served at Auditorium events. Patrons state the ability to purchase alcohol at other venues in town like Stephens Auditorium and The Maintenance Shop makes them more likely to attend events in those facilities. Additionally, the Auditorium, Bandshell, and Community Center Manager has spoken with several entertainment promoters who have cited the lack of alcohol sales as the primary reason for not considering the ACA for their events. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Attachment A - City Auditorium Alcohol and Concession Policy.pdf 85 AMES CITY AUDITORIUM ALCOHOL AND CONCESSIONS POLICY A. PURPOSE This document will serve as a policy for City staff and vendors. This policy is in collaboration with the following City Departments: Parks and Recreation, Police, Legal, and Risk Management. The City reserves the right to continuously evaluate, and update policies and practices as deemed warranted. B. ALLOWABLE SALES 1. Alcohol service is to include beer and wine sales only. No hard liquor. 2. Beer must be served in plastic bottles or cans. Wine must be served in plastic single serving wine bottles or plastic wine glasses. 3. The vendor will be permitted to sell pre-packaged food items and non-alcoholic beverages. All non-alcoholic concession items sold will be specified in the vendor contract. 4. Events with an alcohol service exemption may provide non-alcoholic concession sales. C. EXEMPTIONS Parks and Recreation reserves the right to sell alcoholic beverages (beer and wine), non-alcoholic beverages, pre-packages concession items at all Auditorium events and rentals. Alcohol service will not be provided for the following event types: 1. Iowa State University student sponsored events; and, 2. Events or rentals that are religious in nature such as a church service, bible school, or a religious retreat; and, 3. Events specifically targeted to families and youth. Customers can request an exemption for alcohol service or other concession item for their event(s). An exemption form must be completed and returned in person or electronically to the Auditorium Manager no less than 30 days prior to an event. The Auditorium Manager has final authorization on exemptions. Exemptions must be applied for on an annual basis. D. VENDOR REQUIREMENTS 1. Only contracted alcohol vendor(s) through the City of Ames are allowed to serve alcohol in the Auditorium for events. 2. Vendor(s) must possess a valid State of Iowa Permit for beer and wine service at the Ames City Auditorium with the correct date(s) and address listed on the permit. No hard liquor sales are permitted. 3. Vendor(s) must have Liquor Liability/DRAM Shop insurance for service at the Ames City Auditorium. 86 4. Vendor(s) must possess any licenses or permits necessary by the State of Iowa and the City of Ames for selling pre-packaged, non-alcoholic concession items. 5. Vendor(s) must secure a City of Ames vending license and have an insurance certificate naming the City of Ames as additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit. This certificate must be on file with the City Clerk’s office a minimum of 30 days prior to the event and dates must cover the duration of the permit. 6. Proof of liquor license and insurance must be provided to Parks and Recreation a minimum of 30 days before the first event where alcohol is being served. 7. Vendor(s) is responsible for ID checks and must provide wristbands for patrons who are of legal drinking age. Persons checking ID’s must have completed the State of Iowa I-PACT training. The contracted vendor additionally shall participate in the Ames Police Department identification training, when offered. 8. Alcohol service is not permitted to any patrons not of legal drinking age. 9. Vendor(s) shall not serve patrons that appear intoxicated. 10. Vendor(s) is responsible for and will provide staffing for alcohol and concession sales. 11. Vendor(s) must stay until their contracted end time and maintain staffing levels specified in the vendor contract for the duration of the event. 12. Vendor(s) is responsible for all necessary staffing for alcohol and concessions service, identification checks, wrist banding, and cleanup of the service area. 13. Vendor(s) arrival and setup time will be arranged in advance with the Auditorium Manager for each event. Setup of the bar area must be complete before the lobby doors are opened for an event. 14. Vendor(s) must provide all equipment and start up cash necessary for alcohol service. The City of Ames will not provide storage for alcohol products, concession items, or related equipment. 15. Vendor(s) must remove all alcohol from the premises upon completion of an event. E. CITY RESPONSIBILITIES 1. A “Last Call” time will be determined in advance by the Auditorium Manager for each event. The designated Parks and Recreation staff onsite will have the authority change the “Last Call” time if circumstances warrant. Warranted circumstances may result from but not limited to, delayed start times, extended end times, etc. 2. Vendor contracts are subject to termination at any time by the City. The City of Ames is not responsible for loss of revenue due to termination of the contract. 3. City staff reserves the right to stop alcohol service at any time, for any reason, during an event. 4. The City of Ames reserves the right to update or modify alcohol and concession service policies for the Ames City Auditorium. Approved vendor(s) will be notified of any such changes. 87 5. The City of Ames is responsible for any additional staffing needed for security, perimeter monitoring, and crowd monitoring. F. PAYMENT 1. A percentage of all gross sales (minimum of 10%), in accordance with the vendor contract, will be payable to Ames Parks and Recreation within 30 days after an event where alcohol and/or concession items are served. Written and itemized documentation of sales must be provided with payment. G. SERVICE AREA 1. The alcohol vendor will serve alcohol in the designated area of the first floor Auditorium Lobby, as designated by the Auditorium Manager. A space of approximately 6’ x 12’ will be provided. Electricity is available with one 20-amp receptacle. 2. Vendor(s) is responsible for cleanup of the designated service area and surfaces specified in the vendor contract. 3. An outline of the service areas is shown in Attachment A. H. CONSUMPTION AREA 1. The alcohol consumption area for the Auditorium is specified in Attachment B. 2. The City of Ames will not provide alcohol for artists. Artists or artist management may purchase beverages from the Vendor. No outside alcohol is allowed in the facility. 4. Alcoholic beverages that are purchased for performers through the vendor are permitted on the stage in an unmarked container. 5. The City of Ames will provide necessary staff to monitor the perimeter to make sure alcohol does not leave the consumption area. 88 ATTACHMENT A SERVICE AREA 89 ATTACHMENT B CONSUMPTION AREA 90 ITEM #:14 DATE:01-09-24 DEPT:ELEC SUBJECT:ROOF REPLACEMENT AT THE POWER PLANT COUNCIL ACTION FORM BACKGROUND: Several of the Power Plant roofs need 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 roof replacement of approximately 18,840 sq. ft. of existing built-up roofing on three separate roof areas and levels. Work will also include the installation of new roof drains, replacing deteriorated metal deck, and removal and deck infill of obsolete roof top units. The design of the new roof system is to provide an effective service life of at least 20 years. The approved FY 2023/24 CIP includes $150,000 for construction of phase one of roof replacement. This funding, combined with other Power Plant building modification carryover funds from prior years results in an available balance of $183,100. 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, it is prudent to advance the project to allow the roof to be replaced sooner. The Engineer's estimate is $1,352,000 for the scope of work for the entire replacement project. Recognizing the cost of the project, the consultant was able to break up the work into a base bid and bid alternate, prioritizing the areas most in need of repair. The consultant also identified an alternate roofing material to encourage multiple bidders. The combination of bid alternatives and material options should give staff flexibility to ensure that, at a minimum, the critical areas in need of replacement are addressed. To supplement the existing $183,100 in available funding, staff anticipates using savings from the RDF Bin Renovation project, which contains an available balance of $2,071,380 as a result of a highly favorable construction bid. This combined funding would allow the future phases of roof replacement reflected in the adopted FY 2023-2028 CIP to be completed at one time and not reflected in future CIPs. Staff will present further detail regarding the project budget at the time of bid award. ALTERNATIVES: 1. Approve preliminary plans and specifications for the Roof Replacement at the Power Plant and set February 14, 2024 as the due date for bids, and set February 27, 2024 as the date of public hearing and award of contract. 2. Do not proceed with the project at this time. CITY MANAGER'S RECOMMENDED ACTION: The Power Plant roof is in need of repair. It is important to make the repairs to provide a safe environment for staff and equipment. 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 to ensure a safe working environment and reliable equipment operation. 91 Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 92 ITEM #:15 DATE:01-09-24 DEPT:ELEC SUBJECT:AWARD OF CONTRACT FOR HVAC REPLACEMENT AT THE POWER PLANT COUNCIL ACTION FORM BACKGROUND: The Power Plant has two redundant air conditioning units that serve the older part of the control room, the break room, and the relay room. One of the cooling units has completely failed and the other is showing signs of failure. Critical electrical components are located in the rooms these units serve and it is important to keep these rooms adequately cooled. On November 14, 2023, City Council approved plans and specifications and authorized a Notice to Bidders for HVAC Replacement at the Power Plant. On December 20, 2023, Purchasing received one bid, from Mechanical Comfort, of Ames, IA in the amount of $269,740 (inclusive of sales tax). After reviewing the bid, staff has determined that it is acceptable. Funding for this project has been carried over from the Building Modifications program in the FY 2022/23 Capital Improvements Plan (CIP). This program contains $300,000 for HVAC replacement. ALTERNATIVES: 1. Award a contract to Mechanical Comfort, Ames, IA, for HVAC Replacement at the Power Plant, in an amount of $269,740. 2. Reject the bid and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to keep Power Plant equipment functioning and has been budgeted in the CIP. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 93 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPER 18, CHAPTER 22, CHAPTER 29, AND CHAPTER 30 THEREOF, FOR THE PURPOSE OF HARMONIZING THE CODE WITH CHAPTER 30, PUBLIC NUISANCES; 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 18, Chapter 22, Chapter 29, and Chapter 30 as follows: “CHAPTER 18 Sec. 18.15. PARKING IN FRONT YARDS The parking of motor vehicles, motorized or non-motorized, in the front yards of residential structures is prohibited. Any person who parks a motor vehicle in the front yard of a residential structure shall be in violation of this section, provided, however, the aforesaid prohibition shall not apply to the parking of motor vehicles on driveways and parking areas in compliance with Ames Municipal Code Section 29.406 established pursuant to a properly issued building/zoning permit of the City of Ames. As used in this section, front yard means the open space in that portion of a yard between the street and the face of the structure and a line extending from the left side of the lot to the right side of the lot. The line, as viewed from the street, shall extend parallel to the street to the nearest corner of the principal structure and then along the face of the principal structure to the right corner, and from that point on a line parallel to the street to a point on the right lot line. As used in this section, the face of a principal structure shall be any and all portions of the structure fronting on a street. The front yard shall not include any portion of the city right-of-way. A corner lot shall be deemed to have two front yards. (See Figure 18.15-1). . . . CHAPTER 22 . . . Sec. 22.0 Right-of-Way Defined. For the purposes of this Division, the right-of-way is defined as area owned, controlled, or maintained by the City for public use such as roads, streets, highways, sidewalks, bicycle lanes, shared use paths, streetscape and other landscape planters. Sec. 22.1. ABUTTING PROPERTY OWNER TO MAINTAIN SIDEWALKS AND PARKINGS. The abutting property owner shall maintain sidewalks, parkings and all other property in the right-of-way outside between the lot and property lines and the edge of the shoulder or traveled portion of the public street, regardless of the presence of curbs or ditches. inside the curb lines upon the public streets except that Designated municipal ditches, which are maintained by 94 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 29.406(a)(i)(a) THEREOF, FOR THE PURPOSE OF ALLOWING AN EXCEPTION OF FULL PAVING REQUIREMENTS FOR BASIC UTILITY USES AND OTHER SIMILAR USES REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 29.406(a)(i)(a) as follows: “Sec. 29.406. OFF-STREET PARKING. *** (11) Improvements of Off-Street Parking Areas and Driveways. (a) Surface Material Standards. (i)Materials. All vehicular parking and maneuvering areas, including driveways, and front yard parking areas described in Section 29.406(7), must be paved with Portland Cement Concrete, Asphaltic Cement Concrete, or an equivalent as determined by the City Engineer. (a) Exception Basic Utility and Other Similar Uses. For a Basic Utility, or other similar use, the Planning and Housing Director may approve a reduction to the extent of required paving of this section. The extent of required paving will be as determined by the Director and must include a paved approach within the right-of-way and then extend on site to accommodate the normal stopping and turning of vehicles to enter a street and for other shared access planned for use of the driveway. The Director at their sole discretion shall determine if the proposed paving reduction is warranted based upon the proposed use and compatibility of the project design with other on-site improvements and the surroundings. Any approved reduction of paving extents shall continue to be subject to all other parking and loading area design and landscape standards.” *** 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 , 2023. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 95 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 13, RENTAL HOUSING; CHAPTER 29, ZONING; AND CHAPTER 31, HISTORIC PRESERVATION THEREOF, FOR THE PURPOSE OF ALLOWING ACCESSORY DWELLING UNITS 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 13, Rental Housing Code; Chapter 29, Zoning, and Chapter 31, Historic Preservation as follows: “CHAPTER 13, RENTAL HOUSING * * * Sec. 13.100. GENERAL * * * (5) Exceptions. The following residential structures are exempt from these rules: (a) owner-occupied single-family dwellings (see definition of “Owner-Occupied Dwelling Unit” in Section 13.201). For purposes of this exception, an Accessory Dwelling Unit (ADU) is considered part of the single-family dwelling so long as both dwelling units are owner-occupied; Sec. 13.201. TERMS DEFINED * * * DWELLING UNIT, ACCESSORY. Accessory Dwelling Unit (ADU) is defined and permitted through standards of the Zoning Ordinance as a detached “dwelling unit” on the same property as a single-family dwelling. * * * Sec. 13.300. GENERAL (1) Registration required. No owner or operator shall rent, or offer for rent, any dwelling unit for use in whole or in part for human habitation, unless: * * * (c) For properties with an ADU, the property must also include the primary residence of the owner. * * * 96 Sec. 13.503. OCCUPANCY LIMITATIONS * * * (4) Limits based on Zoning District - Maximum Occupancy * * * (e) The maximum occupancy for a single-family or a two-family dwelling unit shall be based upon compliance with all standards of the Code, including but not limited to parking spaces, area requirements, habitable space requirements, and the following: * * * (iii) For properties with a single-family dwelling and an approved ADU, the maximum occupancy of the single-family dwelling is calculated based upon its bedroom count, if it is the licensed rental unit on the property. An ADU is limited to a maximum of three adults, if it is the licensed rental unit on the property. In no event can both dwellings be licensed as rental units, regardless of owner residency. (iii) (iv) For dwelling units located within the Near Campus Neighborhoods the number of bedrooms for determining maximum occupancy on a property shall be determined by the number of bedrooms listed in the records of the Ames City Assessor as of January 1, 2018, or by the number of bedrooms reflected in the inspection records of the City of Ames Inspections Division as of January 1, 2018, whichever number is higher. The number of bedrooms for occupancy purposes cannot be increased in excess of these limitations through any changes to or additions to an existing dwelling or through new construction of a dwelling, including an ADU. (iv) (v) Any room that had a legally conforming egress window on January 1, 2018… * * * CHAPTER 29, ZONING * * * Sec. 29.201. DEFINITIONS. * * * (3a) Accessory Dwelling Unit (ADU) means a detached “dwelling unit” on the same property with a single-family dwelling that includes the Primary Residence of the owner. * * * (5) Accessory Structure means a subordinate structure detached from but located on the same lot as a principal building. The use of an accessory structure must be incidental and accessory to the use of the principal building. Accessory Structures include, but are not limited to, accessory dwelling units (ADUs), garages, sheds, and fences. * * * Sec. 29.304. USE REGULATIONS. * * * (3) Prohibited Uses. (a) Uses Prohibited in All Zones… * * * 97 (iv) Any building for human habitation located to the rear of another building on the same lot. Any building for any purpose whatever located in front of any building for human habitation on the same lot. This subsection (d) does not apply to uses located in the Agricultural (A) Zone or to any use of a lot expressly permitted by provisions of this Ordinance, including multifamily residential use and accessory dwelling units (ADUs). * * * Sec. 29.406. OFF-STREET PARKING. * * * Table 29.406(2) Minimum Off-Street Parking Requirements RESIDENTIAL DWELLINGS Accessory Dwelling Units 1 space/RU Not Applicable * * * Sec. 29.408. OTHER GENERAL DEVELOPMENT STANDARDS. * * * (7) Requirements for Private Garages and Other Accessory Buildings (a) The following requirements apply to private garages and accessory buildings in Agricultural, Residential and Hospital/Medical districts: (i) Location Within Setbacks * * * (b) Side Yards. * * * (ii) Corner Lot. A one-story garage or accessory building may be placed within 3 feet of the side lot lines, provided the garage is set back a minimum of 25 feet from the abutting streets. (c) Rear Yards. (i) … For purposes of this section, the rear yard is located between the rear lot line and the primary structure principal building, extending from side lot line to side lot line. … * * * (iv) General Requirements. * * * (c) No detached garage or accessory building shall contain habitable space, unless approved as an Accessory Dwelling Unit (ADU). “Habitable Space” is defined for this purpose as: facilities or improvements for sleeping, cooking, and a bathroom. Other than an approved ADU, only an accessory building used for recreational purposes, such as a pool house, may include a bathroom except for recreational uses requiring plumbing such as a pool house. * * * (d) The following requirements apply to shared common lot line garages … * * * (iv) General Requirements. 98 * * * (c) No detached garage or accessory building shall contain habitable space, unless approved as an Accessory Dwelling Unit (ADU). “Habitable Space” is defined for this purpose as: facilities or improvements for sleeping, cooking, and a bathroom. Other than an approved ADU, only an accessory building used for recreational purposes, such as a pool house, may include a bathroom except for recreational uses requiring plumbing such as a pool house. * * * Sec. 29.409. ACCESSORY DWELLING UNIT (ADU) STANDARDS. An ADU is a specific type of accessory building with requirements additional to those of private garages and accessory buildings provided in 29.408. (1) Where Permitted. (a) Zoning districts. ADUs are permitted in the following zoning districts: R-L, R-M, UCRM, FS- RL, FS-RM, and F-PRD. (i) One ADU is allowed on any lot having one existing single-family dwelling that is the primary residence of the property owner, and no other dwellings are on the lot. If a lot has two or more dwellings, an ADU is not permitted. (b) Overlay zoning districts. If the property is in an overlay zone, such as the Single-Family Conservation (O-SFC) or the Historic (O-H), it may be subject to additional design standards and permitting requirements. In the event of conflict between overlay regulations and the regulations included herein, the more restrictive regulations shall control. (2) Independent Dwelling Unit. (a) Detached from the principal building. The detached ADU may be created through the conversion of an existing detached structure or may be new construction creating a new standalone building. No ADU may be established as an addition to or within an existing single-family dwelling. (b) Functions Independently. The ADU must function independently from the principal residence. It must include its own bathroom and kitchen facilities and be connected to public utilities including water and sanitary sewer. Separate metering is not required but allowed. (c) Foundation. Whether constructed on site or premanufactured, an ADU must be placed upon a permanent foundation. (3) Lot Size There is no minimum lot size for an ADU. (4) Size Limitations and Bedrooms. The ADU is subject to the gross floor area limitations of accessory buildings and is limited to one bedroom. Any additional area or room that meets the definition of a bedroom as defined within the Zoning Ordinance is prohibited. (5) Parking & Driveways. (a) One paved off-street parking space is required for the ADU in addition to the two spaces required for the principal building. Although spaces for the principal building can include two cars parked in tandem, an ADU parking space cannot be in front of or behind another required parking space. All parking spaces must be paved and located in accordance with the requirements of 29.406. 99 (b) Sidewalk. A sidewalk is required to connect the primary exterior entrance of the ADU with the paved parking area or to the principal building. (6) Occupancy. (a) Owner-occupancy. No building permit or rental letter of compliance will be issued by the City for an ADU unless the titleholder resides on the property as their primary residence. The property owner’s primary residence may be either the principal building or the ADU. Prior to issuance of a permit, a “Notice of Limitation on Rental” shall be recorded by the property owner, including an affidavit confirming their understanding of rental and occupancy requirements. The “Notice of Limitation on Rental” shall be on a form prepared by the city. Properties owned by an L.L.C. or other non-natural person entity do not qualify as owner-occupied. (b) The maximum occupancy of an ADU is limited to three adults. Additional occupancy limitations may apply to Near Campus Neighborhoods, as defined within Chapter 13, Rental Code. (c) Rentals. Only one of the two dwelling units on the lot may be a rental. Any ADU or principal building that is intended for use as a rental must be registered with the city and have a valid rental permit. All requirements of Chapter 13, Rental Code apply. Sec. 29.412410. SIZE AND APPEARANCE DETACHED DWELLINGS. All non-attached dwelling structures of any kind located outside the RLP Zone, shall meet the following minimum standards: (1) The principal portion or main body of the principal structure shall have a width and length of not less than 20 feet. (2) The siding of any dwelling unit the structure 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. Sec. 29.410411. SINGLE FAMILY ATTACHED DWELLINGS - PARTY WALL AGREEMENT. * * * Sec. 29.409412. BILLBOARDS. * * * Sec. 29.411413. OUTDOOR LIGHTING CODE. * * * Sec. 29.413414. STORMWATER MANAGEMENT DESIGN STANDARDS. * * * Sec. 29.501. CLASSIFICATIONS OF USES. * * * (3) Accessory Uses. Unless otherwise stated in this Ordinance or otherwise indicated in the Use Tables for each zone: * * * 100 (e) Accessory Uses:; (i)i. Are clearly incidental and customary to and commonly associated with the operation of the Principal Use; (ii)ii. Are operated and maintained under the same ownership or by lessees or concessionaires of the owner, and on the same zone lot as the Principal Use; (iii)iii. Do not include structures or structural features inconsistent with the Principal Use; (iv)iv. May include the use a portion of a dwelling unit that is the primary residence of the property owner as limited Short-Term Rental (Home Share or Hosted Home Share); (v) May include one accessory dwelling unit (ADU) on any single-family residential zoned lot having one existing single-family dwelling. (vi)v. Do not include residential occupancy in conjunction with uses other than hotels, motels, tourist homes and similar uses offering transient housing accommodations, which is also not permitted except by owners and employees employed on the premises and of the immediate families of such owners and employees; (vii)vi Have a gross floor area that, in combination with all other uses accessory to Principal Uses located in the same structure or on the same lot, does not exceed 25% of the gross floor area utilized by all Principal Uses. The 25% floor area limitation does not apply to off-street parking, Accessory Dwelling Units, or Short-Term Rentals. * * * Table 29.501 (4)-1 RESIDENTIAL USE CATEGORIES * * * Household Living * * * Accessory Uses Accessory Dwelling Units (ADUs) subject to the limitations found in the Zone Use Tables and the Use Development Standards * * * Sec. 29.701. "RL" RESIDENTIAL LOW DENSITY. * * * Table 29.701(2) Residential Low Density (RL) Zone Uses USE CATEGORIES STATUS *** Accessory Dwelling Unit Y ZP Staff * * * 101 Sec. 29.702. "RM" RESIDENTIAL MEDIUM DENSITY. * * * Table 29.702(2) Residential Medium Density (RM) Zone Uses USE CATEGORIES STATUS RESIDENTIAL USES Accessory Dwelling Unit Y ZP Staff * * * 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 REQUIRED AUTHORITY RESIDENTIAL USES *** Household Living Accessory Uses Accessory Dwelling Unit Y ZP Staff * * * Sec. 29.1101. “O-SFC” SINGLE FAMILY CONSERVATION OVERLAY DISTRICT. * * * (6) Intensification Limited. In the O-SFC the maximum number of dwelling units, of any kind defined in Section 29.201, shall not at any time be permitted to exceed 648. Approved accessory dwelling units (ADUs) after January 1, 2024, are exempt from this limitation. Additionally, in the O-SFC, apartment dwellings shall not be permitted unless the plans for the project meet the following standards: * * * (9) Compatibility Standards. New construction of any principal building or other structure or any change in the use of land shall comply with the following compatibility standards.: Accessory dwelling units (ADUs) are not subject to the compatibility standards. * * * Sec. 29.1202. "F-S" SUBURBAN RESIDENTIAL ZONE. * * * 102 Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density (FS-RL) Uses USE CATEGORIES STATUS *** Household Living Accessory Uses Accessory Dwelling Unit Y ZP Staff * * * Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density (FS-RM) Uses USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES *** Accessory Dwelling Unit Y ZP Staff * * * CHAPTER 31, HISTORIC PRESERVATION * * * SECTION 31.10. CERTIFICATE OF APPROPRIATENESS. (1) Any act of alteration, demolition, new construction, or relocation, as defined herein, shall require a Certificate of Appropriateness as further described below. Furthermore, eEvery application for a building permit or a demolition permit affecting the exterior architectural appearance of a designated landmark or of any contributing structure within a designated historic district shall be accompanied by a complete City of Ames an application for a Certificate of Appropriateness. Applicants shall be required to submit plans, drawings, elevations, specifications, and other information as may be necessary to make decisions. The Building Official shall not issue the building or demolition permit until a Certificate of Appropriateness has been approved. (2) Alteration. of an exterior part of a building or a structure. An alteration is any act or process that changes one or more of the exterior features of a structure, such as windows, porches, siding, and other features identified under the Design Guidelines that do not increase without increasing the amount of gross floor area. Alterations to existing structures that are contributing structures or to structures designated as historic landmarks shall require a A Certificate of Appropriateness for an alteration and shall be permitted in the following instances. (a) An architectural feature has deteriorated to the point that it must be replaced. 103 (b) Architectural features were added which modified the original qualities of the architectural style and the current property owner wishes to restore the structure to the original architectural style. (c) An architectural feature may can be added if as long as the feature is appropriate to the architectural style of the structure. (3) New Construction. A Certificate of Appropriateness shall be required for construction of: (a) A a new principal structure, or (b) An an addition to an existing contributing structure or to a designated landmark, or (c) A a new accessory building or addition to an accessory building on any property with a contributing principal structure or designated landmark. (4) Consideration of an application for a Certificate of Appropriateness shall apply the Design Guidelines, which shall pertain to all historic preservation districts and historic landmarks; and the Design Criteria, which shall apply only to the particular historic district or historic landmark for which they are enacted. A new principal structure shall be representative of one of the architectural styles approved in the district. The design for the new principal structure must meet all the design criteria listed for the architectural style selected. Architectural features not specifically listed in the design criteria may be proposed by the applicant. Those features should be incorporated in a manner appropriate with the architectural style. In each instance, the Commission may grant exemptions to the requirements for an alteration if it determines that the cost of replication is prohibitive. * * * SECTION 31.11. APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS. (1) Administrative Approval Process. (a) A Certificate of Appropriateness for alterations to the principal structure, garages, and other accessory buildings, and the new construction of fences and retaining walls may can be approved by the Planning and Housing Director, provided the alterations or new construction meet the adopted Design Guidelines and Design Criteria, and substitute materials are not proposed, other than those specifically listed in the Design Guidelines. However, changing or converting a contributing garage to an Accessory Dwelling Unit (ADU) requires approval by the Historic Preservation Commission. The Planning and Housing Director may refer an application for an alteration to the Historic Preservation Commission for approval. * * * Sec. 31.13. DESIGN GUIDELINES FOR ALTERATIONS. * * * (8) Garages and Accessory Buildings * * * 104 (k) Changing or converting an existing contributing garage to an ADU is allowed as long as the character defining features of the garage are not significantly altered as determined by the Historic Preservation Commission. * * * SECTION 31.15. DESIGN GUIDELINES FOR NEW CONSTRUCTION. * * * (10) Garages and Accessory Buildings (including Accessory Dwelling Units [ADUs]). * * * (k) Garages and accessory buildings do not typically require a porch; however, a standalone ADU adjacent to street frontage, may require a porch as determined by the HPC. (l) Garages and accessory buildings are exempt from the two-story requirement. (m) Garages and accessory buildings are not required to have a raised foundation and may be constructed slab-on-grade. (n) Garages and accessory buildings are not typically required to conform to footprint design criteria; however, a standalone ADU adjacent to street frontage, may be subject to the footprint design criteria as determined by the HPC.” 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 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 105