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HomeMy WebLinkAbout~Master - March 12, 2024, Regular Meeting of the Ames City Council1.Motion approving payment of claims 2.Motion approving Summary of Minutes of Special Meeting on February 20, Regular Meeting on February 27, and Special Meeting on March 7, 2024 3.Motion approving Report of Change Orders for period February 15-29, 2024 4.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Kwik Spirits #530, (204 South Duff Avenue), Class C Retail Alcohol License b. Wal-Mart Store #749, (3105 Grand Avenue), Class E Retail Alcohol License c. Southgate Wine & Spirits, (110 Airport), Class E Retail Alcohol License d. World Liquor & Tobacco + Vapors, (111 Duff Avenue), Class E Retail Alcohol License 5.Motion approving a Phase I Sub-award Agreement with the Iowa Department of Homeland Security for the Ames Well Field Generator Mitigation Project 6.Motion to approve the Ames Police Department's application for, and participation in, the 2025 Governor's Traffic Safety Bureau (GTSB) Enforcement Grant Program 7.Motion Directing Staff to Negotiate a Single Source Contract for the Purchase of Fire Apparatus with Sourcewell 8.Resolution approving appointments to various Boards and Commissions 9.Resolution Accepting Resource Recovery System 2023 Annual Report 10.Resolution authorizing Public Art Commission to enter into agreements with artists for 2024/25 Ames Annual Outdoor Sculpture Exhibition selections 11.Resolution approving equipment placement agreement with Iowa State University for ARA wireless broadband research project 12.Resolution approving Professional Services Agreement with WHKS & Co., of Ames, Iowa for 2024/25 Arterial Street Pavement Improvements (Hyland Ave) in an amount not to exceed $142,200 13.Resolution approving the purchase of NoTraffic Video/Radar Detection Systems from General Traffic Controls of Spencer, Iowa, in an amount not to exceed $233,412 as a single source provider 14.Resolution awarding contract to Stivers Ford of Waukee, Iowa, as the acceptable low bidder for the purchase of two 2024 Ford F350 chassis in the amount of $105,996 15.Resolution awarding contract to Workspace, Inc. (Iowa Office Interiors), of Ames, Iowa, in the amount of $65,554.93 for New Office Furniture for Various City Departments AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL MARCH 12, 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. 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 16.Resolution awarding contract for Right of Way Tree Trimming and Removal Program for the Parks and Recreation Department to Ames Story Tree and Lawn of Ames, Iowa, in an amount not to exceed $85,000 for FY 2024/25 17.Resolution awarding contract to Life Fitness for new Community Center Weight Room strength equipment in the amount of $65,232.62 18.Resolution approving preliminary plans and specifications for 2023/24 Shared Use Path System Expansion, setting April 17 , 2024, as the bid due date and April 23 , 2024, as the date of Public Hearing 19.Resolution approving Change Order No. 1 with Neumann Brothers Inc. for RDF Storage Bin Repair in the amount of $180,028.59 20.Resolution accepting the 2021/22 Shared Use Path System Expansion - Ioway Creek as completed by Caliber Concrete, LLC of Adair, Iowa in the amount of $943,632.94 21.Resolution accepting Cooling Tower Blowdown Spray Modification project as completed by Keller Excavating Inc., of Boone, Iowa, in the amount of $354,894.20 22.Resolution accepting Combustion Turbine Fuel Oil Pipe Installation project as completed by Modern Companies Inc., of Cedar Rapids, Iowa, in the amount of $472,756.43 23.Resolution accepting the contract with GTG Construction, LLC of Des Moines, Iowa, for the Infant Room Remodeling Project for ACPC in connection with CARES Round 2 (COVID-19) Funding as completed in the amount of $96,445.46 and releasing the 5% retainage being held per the contract terms and conditions 24.Staff Report on CYTown Development 25.Motion approving City Council Values, Goals, and Tasks for January 1, 2024 to December 31, 2025 26.Requests from Ames Chamber of Commerce for Ames Main Street Farmers' Market on Saturdays from May 4 - October 14, 2024: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License for Central Business District from 5:30 a.m. to 1:30 p.m. b. Resolution approving closure of 300 and 400 blocks of Main Street, Burnett Avenue from Main Street to the U.S. Bank drive-through, and Tom Evans from 5:30 a.m. to 1:30 p.m. c. Resolution approving suspension of parking enforcement in CBD Lots X and Y from 6:30 a.m. to 1:00 p.m. d. Resolution approving usage of waiver of electrical fees and waiver of fee for blanket Vending License for the event from 5:30 a.m. to 1:30 p.m. e. Resolution approving/motion denying request to waive fees for parking meters on the 300 and 400 blocks of Main Street 27.Ash Pond Closure and RDF Ash Pond Construction a. Resolution approving final plans and specifications and awarding a contract to JB Holland Construction, Inc., of Decorah, Iowa, in the amount of $2,606,093.15 (inclusive of sales tax) 28.Hearing on 2021/22 Stormwater Detention/Retention Maintenance Program - (Northridge Heights 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: ELECTRIC: HEARINGS: 2 Pond) a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Tallgrass Land Stewardship Co., of Waukee, Iowa in the amount of $111,600 29.Hearing on 2023/24 Arterial Street Pavement Improvements (Airport Rd. - University Blvd. to S. Riverside Dr.) a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to All Star Concrete, LLC of Johnston, Iowa in the amount of $1,381,986.99 30.Hearing on 2023/24 Concrete Street Pavement Improvements Program a. Motion accepting report of bids b. Resolution approving final plans and specifications and awarding contract to Con-Struct Inc, of Ames, IA in the amount of $1,015,443 31.Hearing on the Environmental Impact Document for the Nutrient Reduction Modifications Phase I project at the Water Pollution Control Facility a. Motion directing Mayor Haila to sign the Environmental Information Document related to the Nutrient Reduction Modifications Phase I project at the Water Pollution Control Facility 32.Second passage of ordinance amending Chapter 28 Section 28.106 of Ames Municipal Code regarding Commercial Electric Vehicle Charging Rate 33.Second passage of ordinance to Ames Municipal Code Chapter 29 (ZONING ORDINANCE) to allow Two-Family (DUPLEX) Dwellings in Single Family and Other Residential Zoning Districts 34.Third reading and adoption of ORDINANCE NO. 4521 rezoning 210 South 5th Street from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay 35.Rezoning with Master Plan of 102 & 116 Hyland Avenue a. Resolution approving the Rezoning Agreement for 102 & 116 Hyland Avenue b. Third passage and adoption of ORDINANCE NO. 4522 rezoning with Master Plan of 102 & 116 Hyland Avenue from Residential High Density (RH) to Neighborhood Commercial (NC) with the O-(UIW) West University Impact District ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL: REPORT OF GOVERNING BODY: COUNCIL COMMENTS: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 3 To:Mayor and City Council From:City Clerk's Office Date:March 12, 2024 Subject:Approval of Mintues Item No. 2 MEMO Attached are the minutes for the Special Meeting held on February 20 and March 7, and Regular Meeting held on February 27, 2024, for your review and approval. /cmw ATTACHMENT(S): C24-0220.pdf C24-0227.pdf C24-0307.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 4 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 20, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 20th day of February 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Member Jeff Clark was absent. Council Member Amber Corrieri was brought in telephonically. REQUEST FROM AMES MAIN STREET FOR WAIVER OF ENFORCEMENT OF 4- HOUR PARKING LIMIT: Mayor Haila asked if the City Council had any questions for staff. There were no questions. Moved by Betcher, seconded by Junck to adopt RESOLUTION NO. 24-088 approving the request for waiver of enforcement of 4-hour parking limit in Lots X,Y, and Z for Main Street Iowa Workshop on March 5 and 6 as submitted. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON FITCH FAMILY INDOOR AQUATIC CENTER BID PACKAGE 03-3 PRECAST CONCRETE & STRUCTURAL STEEL: Parks and Recreation Director Keith Abraham presented the Council Action Form. He recapped by noting the City went out for bids in November and awarded thirteen bid packages on January 23, 2024. There was one bid for precast concrete and structural steel that was rejected per the recommendation of Story Construction Company. The project was rebid on February 15th and four bids were received. Core Construction Services was the low bid. Director Abraham stated although the current low bid was $288,000 higher than what was received previously, it was important that a contract be awarded so the project can move forward. Staff recommended accepting the Precast Concrete and Structural Steel base bid of $2,710,00 and Alternative 1, to include walking area and multipurpose room. The total cost of construction was now projected at $18,901,146. The Mayor opened and closed the Public Hearing when no one came forward to speak. Director Abraham stated he would bring additional items to the City Council on February 27, 2024, including rooftop solar, benches in the multipurpose room, tiles lines in the lap pool, painting and cost estimates for further direction from the City Council. Moved by Betcher, seconded by Beatty-Hansen, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Junck to adopt RESOLUTION NO. 24-089 approving final plans and specifications and awarding contract to Core Construction Services LLC of Des Moines, Iowa for both the base bid and Alternative 1 in the amount of $2,710,000. 5 2 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. WORKSHOP REGARDING 2024-2029 CDBG/HOME FIVE YEAR CONSOLIDATED PLAN: Housing Coordinator Vanessa Baker-Latimer presented the 2024-2029 Community Development Block Program (CDBG)/HOME Five-Year Consolidated Plan Public Forum Session alongside Nora Ladjahasan and Amy Logan from Iowa State University. The current Consolidated Plan was approved in 2019 and is required to be updated every five years. The new Consolidated Plan will address goals and priorities for 2024-2029, explained Coordinator Baker-Latimer, and public input is a critical component of the preparation. Staff provided an overview of the CDBG and HOME programs, as well as Community Data Analysis. Council Member Gartin asked if the findings have been compared to other city surveys or nationally. Coordinator Baker-Latimer noted the information has not been compared but will be as the process progresses. Council Member Gartin asked for clarification regarding the student component in the research, as it is important that the challenges are understood for low income non-students as well as students. Ms. Logan shared that the total number of households in Ames is 25,140 and of that 58% are renters and 42% homeowners. Students were included in the data analysis provided by Federal Department of Housing and Urban Development (HUD) and could impact the analysis. The data also identified the housing cost burden as a major factor in housing problems in Ames. There was discussion around census tract that was presented from HUD. Coordinator Baker-Latimer concluded by noting that the data presented was the data HUD was expecting to be included in the Consolidated Plan. Mayor Haila asked for clarification on what the specific outcome Coordinator Baker- Latimer was looking for from the small group discussion and time limit for break out session. Housing Coordinator Baker-Latimer suggested two groups where City Council members would assist with facilitating the groups in generating a list of goal and priorities. Council Member Betcher asked about the emails received regarding using funds for retrofits. Coordinator Baker-Latimer said goals and priorities need to be determined first and then staff would come back with a list of projects to consider. Council Member Gartin wanted to be clear that the estimated money the City might receive will not solve the climate action crisis, so City Council needs to be very targeted with priorities. Council Member Gartin said the City Council needs to be realistic in what it is stewarding and the impact it will have. Staff and the City Council members facilitated an interactive discussion with the public that was in attendance. Group discussions lasted approximately 30 minutes. At the conclusion of the small group breakout, Coordinator Baker-Latimer covered the tentative timeline of next steps. She 6 3 recapped that the workshop focused on the goals and priorities for the new Five-year plan. Following the workshop, staff will prepare draft goals and priorities for City Council approval. At a future public forum, staff will seek public input regarding specific projects for the Annual Action Plan 2024-2025 addressing the Goals and Priorities of the Consolidated Plan once the City has been notified of its FY 2024 CDBG and HOME funding allocations. DISPOSITION OF COMMUNICATION TO COUNCIL: Mayor Haila noted that there were two items to consider. The first item was a request from Sheri Alcott, Ames resident regarding the placement of the utility drop off box. Council Member Gartin stated the utility box has not been there for very long so it should remain there for the time being. Moved by Gartin, seconded by Betcher, to respond to Ms. Alcott and leave the utility box at its current location. Vote on Motion: 6-0. Motion declared carried unanimously. A letter from Jeff Witt, Vice President Ames Golden K Kiwanis Club, regarding the paper recycling program Kiwanis has run since 2012 at 803 E. Lincoln Way, Ames, Iowa was considered next. Moved by Betcher, seconded by Beatty-Hansen, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. City Manager Steve Schainker confirmed the trailer referenced by Mr. Witt can stay as is until a decision has been made. COUNCIL COMMENTS: Council Member Gartin promoted the City’s Parks and Recreation spring fitness guide and spoke highly of the fantastic programs for every age and fitness level. Council Member Betcher asked about the need for additional Boards and Commissions members. The Mayor indicated there are some vacancies remaining. Council Member Betcher encouraged the public to consider participating in Boards and Commissions. ADJOURNMENT: Moved by Betcher; seconded by Rollins, to adjourn the meeting at 8:16 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Renee Hall, City Clerk John A. Haila, Mayor 7 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA FEBRUARY 27, 2024 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59 p.m. on the 27th day of February, 2024, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was also present. Council Member Gloria Betcher joined the meeting electronically. Mayor Haila announced that Mary Greeley Medical Center (MGMC) had requested to pull Item No. 29, Hearing on the Sale of Mary Greeley Medical Center Property at 2310 East 13th Street, Ames, Iowa, to Hunziker & Associates, which will be brought back for City Council consideration at a later date. He also noted that the proposed rezoning for the property located at 1621 Wilson Avenue, Ames, Iowa, was not included on the current agenda. He provided an overview of the process for rezonings and invited those in attendance regarding that issue to speak at Public Forum with the understanding that the members of the City Council had not yet received any information on the project proposal. CONSENT AGENDA: Moved by Corrieri, seconded by Rollins, to approve the consent agenda. 1. Motion approving payment of claims 2. Motion approving Summary of Minutes of Special Meetings on February 2, 6, 7, and 8, 2024, and Regular Meeting on February 13, 2024 3. Motion approving Report of Change Orders for period February 1-15, 2024 4. Motion approving Civil Service Candidates 5. Motion approving new license for Class E Retail Alcohol License - SipN'Smoke, 4518 Mortensen Road 6. Motion approving new 5-Day (March 21 - March 25, 2024) Special Class C Retail Alcohol License - Farmhouse Catering, L.C., 2321 North Loop Drive, Pending Dramshop Review 7. Motion approving new Class C Retail Alcohol License with Outdoor Service - Outlaws, 2522 Chamberlain Street 8. Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Spirits #530, 204 South Duff Avenue 9. Motion approving Ownership Updates for Class E Retail Alcohol License - Kwik Star #1158, 1910 Isaac Newton Drive 10. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. BN'C Fieldhouse, (206 Welch Avenue), Class C Retail Alcohol License with Outdoor Service b. Coldwater Golf Links, (1400 S. Grand Avenue), Class C Retail Alcohol License with Outdoor Service c. Kum & Go # 1113, (2801 E 13th St), Class E Retail Alcohol License d. Kum & Go # 227, (2108 Isaac Newton Dr), Class E Retail Alcohol License e. Elks Lodge, (522 Douglas), Class F Retail Alcohol License with Outdoor Service f. Homewood Golf Course, (401 E 20th St), Class C Retail Alcohol License with Outdoor 8 2 Service g. The Spice Thai Cuisine, (402 Main Street), Special Class C Retail Alcohol License h. Casey's General Store #2905, (3612 Stange Road), Class E Retail Alcohol License i. Pizza Pit Extreme, (207 Welch Ave.), Special Class C Retail Alcohol License j. Sams Club #6568, (305 Airport Rd), Class E Retail Alcohol License k. West Towne Pub, 4518 Mortensen Road, Suite 101, Class C Liquor License with Catering Privilege and Outdoor Service 11. RESOLUTION NO. 24-090 approving requests from Fitness Sports Ames' Turkey Trot on November 28, 2024 for partial road closures on 5th Street from Burnett Avenue to Clark Avenue, Clark Avenue from 5th Street to Main Street, Main Street from Clark Avenue to 6th Street, 6th Street from Northwestern Avenue to Brookside Park, Ridgewood Avenue from 13th Street to 6th Street, and Burnett Avenue from Main Street to 5th Street 12. RESOLUTION NO. 24-091 setting March 26, 2024, as the date of public hearing and notice of intent to issue $2,000,000 essential corporate purpose general obligation bonds, and associated tax levy for debt service 13. RESOLUTION NO. 24-092 approving Purchase Agreement with the Iowa Natural Heritage Foundation for the acquisition of 42.35 acres, more or less, as described in the purchase agreement, for Land Acquisition for Drinking Water Source Protection 14. RESOLUTION NO. 24-093 approving the 28E Agreement between the City of Ames, Story County and Iowa Department of Agriculture and Land Stewardship for the Dotson Wetland Project 15. RESOLUTION NO. 24-094 approving contract and bond, subject to receipt, for Fitch Family Indoor Aquatic Center Bid Package 03-3 Precast Concrete & Structural Steel with Core Construction Services LLC of Des Moines, Iowa 16. RESOLUTION NO. 24-095 awarding contract for Switchgear Routine Maintenance Services to Tri-City Electric Company of Iowa of Davenport, Iowa in the amount of $65,325 17. RESOLUTION NO. 24-096 accepting the 2021/22 Accessibility Enhancement Program project as completed by Caliber Concrete, of Adair, Iowa in the amount of $161,749.81 18. RESOLUTION NO. 24-097 approving Electric Utility Easements on State of Iowa property in order to provide normal and backup service to CY-Town as well as other ISU electric load in the vicinity. The easement shall be conditioned upon the approval by the State Board of Regents 19. RESOLUTION NO. 24-098 approving release of contract and lien for property located at 1426 Stafford Avenue in connection with the City's Phase IV Mortgage Buy-down Affordable Housing Program Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Kim McDermott, 1612 Wilson Avenue, Ames, shared her concerns of the proposed rezoning and repurposing of the property located at 1621 Wilson Avenue for a multi-unit apartment building. She highlighted the need for more single-family homes in Ames and requested the City Council’s assistance to incentivize owner-occupied housing. 9 3 Lori Fawcett, 1515 Wilson Avenue, Ames, addressed several concerns with the proposed rezoning of the property located at 1621 Wilson Avenue. She cited City Council proceedings from 2021 that supported single-family homes on the property. Ralph Goebel, 1518 Wilson Avenue, Ames, expressed his opposition to the proposed rezoning at 1621 Wilson Avenue. He noted that the property that was sold in 2017 was currently being used for commercial operations while still being zoned S-GA Government/Airport District. He shared disappointment with the property tax breaks the property owner received under this zoning designation and requested action from the City Council. Jeanne Wiebke, 1812 Wilson Avenue, Ames, stated her concerns with the proposed rezoning of the property at 1621 Wilson Avenue, particularly with the proposed design of the development. She also shared opposition to proposed methods for organized garbage collection in the City. Tom V., 604 16th Street, Ames, shared his observation of a sinkhole on 16th Street and concern for the safety of residents in the area. Mayor Haila closed the Public Forum when no one else came forward to speak. SHORT TERM HOUSING TASK FORCE: Planning and Housing Director Kelly Diekmann presented the Staff Report and engaged in questions with the members of the City Council. The Public Input was opened by Mayor Haila. Ralph Goebel, 1518 Wilson Avenue, Ames, made inquiries about the application of the program, definitions of new development, and the incentive cap for rental properties. Kurt Friedrich, 100 6th Street, Ames, expressed excitement for the potential property tax abatement program and thanked members of the City Council for addressing housing challenges. He encouraged the City Council to make the incentives bold to meet the needs of both buyers and renters. Lori Fawcett, 1515 Wilson Avenue, Ames, shared concerns about the incentive cap. Chuck Winkleblack, Hunziker Companies, 150 South 16th Street, Ames, noted that Ames is a thriving and growing community with a lack of housing at all price points. He discussed reasons why a meaningful solution was needed and shared support for a robust incentive program. Luke Jensen, 2519 Chamberlain Street, Ames, reviewed the challenges in the current housing market and discussed the need for an impactful tax abatement program to incentivize development for owner-occupied homes and rental units. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Junck, to establish the Residential Property Tax Abatement program for the housing type of ownership only. 10 4 Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to engage the pilot Residential Property Tax Abatement program through 2027. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Corrieri, to establish the Residential Property Tax Abatement program as City-wide should it be supported by the findings of staff. Vote on Motion: 5-1, Betcher dissenting. Motion carried. Moved by Junck, seconded by Rollins, to use the five-year sliding scale (100%, 80%, 60%, 40%, 20%) for the abatement schedule and percent abated. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Beatty-Hansen, for the abatement to apply to the first $500,000 of assessed value. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded Betcher, to direct staff to add a provision to the Residential Property Tax Abatement program to prohibit the teardown of an existing building to rebuild. Vote on Motion: 5-1, Corrieri dissenting. Motion carried. Moved by Junck, seconded by Betcher, to request that staff return with a proposal on a separate abatement schedule, with its own performance criteria, for construction that supports the City’s Climate Action Goals. Vote on Motion: 6-0. Motion declared carried unanimously. 2024 RESIDENT SATISFACTION SURVEY: Public Relations (PR) Officer Susan Gwiasda presented the questions regarding current issue/policy to be added to the 2024 Resident Satisfaction Survey for consideration and feedback. Moved by Beatty-Hansen, seconded by Corrieri, to remove the questions regarding Fare-Free CyRide that were added in 2023 as a special topic. Vote on Motion: 5-1, Rollins dissenting. Motion carried. Moved by Gartin, seconded by Betcher, to retain the questions regarding sorting garbage and organized trash collection that were added in 2023 as a special topic. Vote on Motion: 3-3; Beatty-Hansen, Corrieri, and Junck dissenting. Motion failed. Moved by Beatty-Hansen, seconded by Corrieri, to remove the questions regarding “Your Health” and “Sense of Community” from the 2024 survey. Vote on Motion: 2-4; Betcher, Gartin, Junck, and Rollins dissenting. Motion failed. Moved by Betcher, seconded by Corrieri, to forgo adding questions to measure basic support of the following projects that would require financing through a bond referendum: New Ames Animal Shelter, Relocation of Fire Station No. 2, New Fire Station No. 4, New Indoor 11 5 Recreation Center, and New Park on Ontario Street. Vote on Motion: 6-0. Motion declared carried unanimously. The City Council members engaged with PR Officer Gwiasda to discuss changes that would provide clarity to the survey taker while also creating meaningful data points for staff. PR Officer Gwiasda confirmed that she would address the desired changes prior to distribution of the survey. The Regular Meeting of the City Council recessed at 7:58 p.m. and reconvened at 8:04 p.m. 2024 URBAN REVITALIZATION TAX ABATEMENT REQUESTS: Director Diekmann reviewed the Council Action Form (CAF) and noted that staff is recommending approval of the two applications received. Moved by Beatty-Hansen, seconded by Corrieri, to approve Alternative 1: approve the requests for tax exemptions as outlined in Attachment 1 by finding that they meet the criteria of their respective Urban Revitalization Areas and forward the findings to the City Assessor. Roll Call Vote: 6-0. Motion declared carried unanimously. COMPREHENSIVE PLAN LAND USE DESIGNATION CHANGE AND REZONING TO RESIDENTIAL FOR PROPERTIES IN THE IOWA STATE UNIVERSITY RESEARCH PARK (ISURP): Director Diekmann presented the CAF, highlighting that approval of Option 2 was supported by staff and endorsed by the applicant. Mayor Haila opened the Public Input. Rick Sanders, Iowa State University Research Park (ISURP), 1805 Collaboration Place, Ames, discussed the vision of ISURP and the goal to create an area where working professionals could live, work, and play. He reviewed the challenges ISURP staff have encountered in identifying industrial users that would be suitable for the small lot sizes of 3200 and 3300 University Boulevard. He shared his support of Option 2 as presented by City staff. Dr. Jim Pease, 3840 Stagecoach Road, noted his support as Chair of the Story County Conservation Board of Option 2 as outlined by City staff. He outlined concerns related to conservation as it related to the Tedesco Learning Corridor that neighbors the parcels proposed for rezoning and shared hope that City, County, and ISURP staff could find collaborative ways to protect the corridor and meet the conservation challenges of the area. Linda Murken, Story County Board of Supervisors, 900 6th Street, Nevada, reviewed the need for housing of all kinds in Story County and stated support for Option 2 as outlined by City staff. She asked that should the request be approved, City, County, and ISURP staff utilize coordination and communication to protect the corridor and engage stakeholders in the design process. Lora Larrance, 3319 University Boulevard, Ames, shared her encouragement from hearing so many speak about protecting the Tedesco Learning Corridor. She also noted a number of 12 6 concerns regarding the proposal, especially in the areas of building design, density of housing, traffic flow, and trash. She suggested that ownership of the proposed residential units be considered rather than rental units. Dan Fox, 3311 University Boulevard, Ames, observed that the proposed residential units do not support the goals of Ames Plan 2040. He encouraged the City Council to stick with the long- term vision established for Ames. He also discussed concerns related to the building design and trash. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to approve Option 2: Initiate a Land Use Amendment for either 3300, 3200, or both properties to RN-3 as a minor amendment and require a concurrent review of a rezoning to FS-RL or FS-RM with a PUD Overlay request for consideration of more detail site design and compatibility requirements as a part of the process. Vote on Motion: 6-0. Motion declared carried unanimously. ZONING TEXT AMENDMENT TO ALLOW MIXED USE RESIDENTIAL DEVELOPMENT WITHIN THE ISURP: Director Diekmann presented the amendment. The Public Input was opened by Mayor Haila. Rick Sanders, ISURP, 1805 Collaboration Place, Ames, shared that certain developments within ISURP are not financially tenable if residential dwellings do not exist and encouraged the City Council to accept the request to allow mixed use residential development. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to approve Option 1: Initiate a Text Amendment to allow Mixed-Use Residential Development within the Hub Area of the Iowa State Research Park. Vote on Motion: 6-0. Motion declared carried unanimously. CHLORINATION EQUIPMENT FOR FURMAN AQUATIC CENTER: Parks and Recreation Director Keith Abraham was available for questions from the City Council. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-099 approving a lease agreement with Carrico Aquatic Resources, Inc., of Oelwein, Iowa, regarding Chlorination Equipment for the Furman Aquatic Center in the amount of $23,312. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. MINI-PITCH COURT(S) AT LLOYD KURTZ PARK: Recreation Superintendent Courtney Kort review the CAF and answered questions from the City Council alongside Director 13 7 Abraham. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Junck, to approve Alternative 1: a) Direct staff to install one mini-pitch court at Lloyd Kurtz Park dedicated for futsal (soccer) b) Reallocate project savings from Inis Grove Stair Project and Furman Aquatic Center Pool Basin Painting Project so the City can fully fund one pitch c) RESOLUTION NO. 24-101 to approve the agreement with Stonebrook Community Church Roll Call Vote: 6-0. Motion declared carried unanimously. FITCH FAMILY INDOOR AQUATIC CENTER: Director Abraham and Construction Manager Troy Turner of Story Construction clarified the purpose of the change order and presented the proposed additions to the project for City Council consideration. Council Member Betcher left the meeting at 9:45 p.m. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 24-100 approving Change Order #1, pursuant to Article 11.6.1.1 of the standard form of agreement between the Owner and Story Construction, for Construction Management Services in the amount not to exceed $978,886. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Junck, seconded by Beatty-Hansen, to direct staff to move forward with the additional items identified in the staff report. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 29 (ZONING ORDINANCE) TO ALLOW TWO-FAMILY (DUPLEX) DWELLINGS IN SINGLE FAMILY AND OTHER RESIDENTIAL ZONING DISTRICTS: Planner Eloise Sahlstrom presented the CAF. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to pass on first reading an ordinance amending Ames Municipal Code Chapter 29 to allow two-family (duplex) dwellings in single family and other residential zoning districts. Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON THE SALE OF MARY GREELEY MEDICAL CENTER PROPERTY AT 2310 EAST 13TH STREET, AMES, IOWA TO HUNZIKER & ASSOCIATES: Mayor Haila again noted that the aforementioned item had been pulled from the agenda by MGMC and would return for City Council consideration at a later date. 14 8 HEARING ON 2023/24 PAVEMENT RESTORATION – SLURRY SEAL PROGRAM: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to accept the report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 24-103 approving final plans and specifications and awarding contract to Fort Dodge Asphalt Company, of Fort Dodge, Iowa in the amount of $186,693. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2023/24 CAMPUSTOWN PUBLIC IMPROVEMENTS – (WELCH AVENUE AND CHAMBERLAIN PLACE) PROJECT: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Rollins, to accept the report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Junck, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-104 approving final plans and specifications and awarding contract to Con-Struct Inc., of Ames, Iowa, in the amount of $1,696,747 for base bid. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 24-105 approving Change Order No. 1, removing bid item No. 8.05 Painted Symbols and Legends, Inclusive Crossing in the amount of $185,000. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Junck, to direct Public Works staff to complete the Inclusive Crossing. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON 2023/24 COLLECTOR STREET PAVEMENT IMPROVEMENTS – (6TH STREET) PROJECT: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Corrieri, seconded by Beatty-Hansen, to accept the report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 24-106 approving final plans and specifications and awarding contract to Con-Struct Inc., of Ames, Iowa, in the amount of $1,003,926. 15 9 Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON ROOF REPLACEMENT AT THE POWER PLANT: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Rollins, to accept the report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 24-107 approving final plans and specifications and awarding a contract to Central States Roofing, of Ames, Iowa, in the amount of $1,591,000. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2021/22 STORMWATER EROSION CONTROL (BLOOMINGTON WATERWAY): Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Corrieri, to accept the report of bids. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 24-108 approving final plans and specifications and awarding contract to Con-Struct, Inc., Ames, Iowa, in the amount of $206,340, including base bid alternate. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FIRST PASSAGE OF ORDINANCE AMENDING CHAPTER 28 SECTION 28.106 OF AMES MUNICIPAL CODE REGARDING COMMERCIAL ELECTRIC VEHICLE CHARGING RATE: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance amending Chapter 28 Section 28.106 of Ames Municipal Code regarding Commercial Electric Vehicle Charging Rate. Roll Call Vote: 5-0. Motion declared carried unanimously. FIRST PASSAGE OF ORDINANCE AMENDING CHAPTER 14 OF AMES MUNICIPAL CODE INCREASING THE NUMBER OF AMES HUMAN RELATIONS COMMISSION MEMBERS FROM FIVE TO SEVEN (SECOND AND THIRD READINGS AND ADOPTION REQUESTED): Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Junck, seconded by Beatty-Hansen, to pass on first reading an ordinance amending Chapter 14 of Ames Municipal Code increasing the number of Ames Human Relations 16 10 Commission members from five to seven. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Rollins, to suspend the rules. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Rollins, to pass on second reading an ordinance amending Chapter 14 of Ames Municipal Code increasing the number of Ames Human Relations Commission members from five to seven. Roll Call Vote: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4520 amending Chapter 14 of Ames Municipal Code increasing the number of Ames Human Relations Commission members from five to seven. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND PASSAGE OF ORDINANCE REZONING 210 SOUTH 5TH STREET FROM AGRICULTURAL (A) TO HIGHWAY ORIENTED COMMERCIAL (HOC) WITH AN ENVIRONMENTALLY SENSITIVE OVERLAY: Moved by Gartin, seconded by Beatty- Hansen, to pass on second reading an ordinance rezoning 210 South 5th Street from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay. Roll Call Vote: 5-0. Motion declared carried unanimously. SECOND PASSAGE OF ORDINANCE REZONING WITH MASTER PLAN OF 102 & 116 HYLAND AVENUE RESIDENTIAL HIGH DENSITY (RH) TO NEIGHBORHOOD COMMERCIAL (NC) WITH THE O-(UIW) WEST UNIVERSITY IMPACT DISTRICT: Moved by Rollins, seconded by Beatty-Hansen, to pass on second reading an ordinance rezoning with Master Plan of 102 & 116 Hyland Avenue from Residential High Density (RH) to Neighborhood Commercial (NC) with the O-(UIW) West University Impact District. Roll Call Vote: 5-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4519 ON PREAPPROVAL OF INDUSTRIAL TAX ABATEMENT FOR A R&D BUILDING AT 300 SOUTH BELL AVENUE: Moved by Corrieri, seconded by Rollins, to pass on third reading and adopt ORDINANCE NO. 4519 on Preapproval of Industrial Tax Abatement for a R&D Building at 300 South Bell Avenue. Roll Call Vote: 4-0-1, Junck abstaining due to conflict of interest. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there was one item for consideration from Greg Ogilvie containing feedback for the Sidewalk Safety Program that was for information only. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. 17 11 Moved by Rollins, seconded by Junck, to request a summary report from agencies funded through the Commission on the Arts (COTA) and Outside Funding Requests brought to the City Council to better understand how those dollars are being used. Vote on Motion: 5-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Corrieri, seconded by Junck, to adjourn the meeting at 10:24 p.m. __________________________________ ____________________________________ 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. 18 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA MARCH 7, 2024 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 3:02 p.m. on the 7th day of March, 2024, pursuant to law. As it was impractical for the Council Members to attend in person, Council Members Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins joined the meeting electronically. Council Member Bronwyn Beatty-Hansen and ex officio Jeff Clark was absent. PLANNING AND HOUSING: Planning and Housing Director Kelly Diekmann presented the Council Action Form. Council Member Corrieri left the meeting at 3:05 p.m. Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 24-109 approving property owner notices and waiving occupant notification for an April 9, 2024 Public Hearing Date. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Junck, seconded by Rollins, to adopt RESOLUTION NO 24-110 approving authorization of $8,500 from Council Contingency to pay for notification costs. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DISPOSITION OF COMMUNICATIONS TO COUNCIL: None. COUNCIL COMMENTS: None. ADJOURNMENT: Moved by Gartin, seconded by Rollins, to adjourn the meeting at 3:15 p.m. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 19 To:Mayor & City Council From:City of Ames Purchasing Division Date:March 12, 2024 Subject:Report of Contract Change Orders Item No. 3 MEMO The Report of Change Orders for period February 15-29, 2024, is attached for your review and consideration. /cmw ATTACHMENT(S): Change Order Report - February 15-29, 2024.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 20 REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Fleet/Facilites Ames City Hall Interior Updates 1 $108,082.00 Phillips Flooring Inc. $0.00 $1,439.00 C. Mellies AM Public Works 2021/22 Share Use Path Expansion (Ioway Creek) 2 $967,665.92 Caliber Concrete, LLC $2,590.00 $-(26,622.98) B. Phillips KS $ $ $ $ $ $ $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: February 2024 For City Council Date: March 12, 2024 21 To:Mayor John Haila and Ames City Council Members From:Lieutenant Mike Arkovich, Ames Police Department Date:February 15, 2024 Subject:Beer Permits & Liquor License Renewal Reference City Council Agenda Item No. 4 MEMO A review of police records for the past 12 months found no liquor law violations for Kwik Spirits, Wal-Mart, and World Liquor & Tobacco + Vapors. The Ames Police Department recommends the license renewal for these businesses. A review of police record for the past 12 months found Southgate Wine & Spirits failed one compliance check. Southgate Wine & Spirits passed two other compliance checks; one before the failed compliance check and one after the failed compliance check. The Ames Police Department will continue to monitor their performance. We recommend their employees attend the ID training, the I-PACT training provided by the State of Iowa, and conduct their own compliance checks. The Ames Police Department recommends the license renewal for this business. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 22 ITEM #:5 DATE:03-12-24 DEPT:W&PC SUBJECT:AMES WELL FIELD GENERATOR MITIGATION PROJECT - PHASE 1 SUB- AWARD AGREEMENT COUNCIL ACTION FORM BACKGROUND: Staff initiated an application to the Federal Emergency Management Administration (FEMA) Hazard Mitigation Grant Program (HMGP) immediately following the 2020 derecho event. The proposed project will provide emergency standby power to the five wells located in the Hunziker Youth Sports Complex (HYSC). On February 15th, 2024 staff was notified that the City was awarded a grant for Phase I of the project consisting of $143,564 in federal funds and $18,890 in State funds. The Phase I grant allows the City to hire an engineer for the design, and to hire an archaeologist to confirm that the proposed work will comply with various environmental and historic preservation obligations outlined in the agreement. At the conclusion of the Phase I work, with FEMA’s concurrence and approval, a Phase II award would be made to fund the construction of the standby power emergency generator and required electrical connections. Funding through the HMGP comes with several requirements, including clearance from the State Historical Preservation Office (SHPO). For this project, it was determined by SHPO during the application process that a portion of the project would be in potentially sensitive archaeological areas. SHPO has determined that a Phase 1 archaeological assessment is required. Staff worked with the federal agencies to break the project into the two phases. In doing so, the City gained the ability to request federal funding for the Phase I archaeological assessment. Completion of Phase I of this project will result in the following items being completed to allow FEMA's consideration of a Phase II award (construction). Final Plans and Specifications Permitting and Fees Survey/Staking Geotechnical Engineering and Soil Boring(s) Phase I Archaeological Assessment The grant award for Phase I, and Phase II if awarded, stipulates that the federal share shall not exceed 76% of actual allowable sub-award costs. The state share shall not exceed 10% of the actual allowable subaward costs. The City shall provide at least 14% through local non-federal (cash and/or in- kind) sources for actual allowable sub-award costs. 23 The Phase I budget is as follows. Funding Estimated Expense Ames (Water Fund) $ 26,446 Federal (FEMA)143,564 State (Iowa)18,890 Engineering $ 138,900 Surveying/Staking 18,000 Permitting & Fees 3,500 Geotechnical 10,000 Phase I Archaeological Assessment 18,500 TOTAL $ 188,900 $ 188,900 The total project budget and authorized funding for both phases is as follows. Note that only the Phase I funding has been awarded at this time. Estimated Project Budget Approved CIP Budget Ames (Water Fund)$ 159,124 $ 289,000 Federal (FEMA)885,600 885,600 State (Iowa)116,080 98,400 TOTAL $ 1,160,804 $ 1,273,000 ALTERNATIVES: 1. Approve the grant agreement with the Iowa Department of Homeland Security for the Ames Well Field Generator Mitigation Project - Phase 1. 2. Do not approve the grant agreement, and provide direction to staff on the funding for the project. CITY MANAGER'S RECOMMENDED ACTION: Providing redundant emergency power to the City's drinking water wells has been identified as a critical resiliency need of the Water Plant. The proposed project will provide standby power to wells located in the Hunziker Youth Sports Complex. The approved Capital Improvements Plan anticipated this grant award and included funding for the City's local match portion. The Water Fund model used to project the Fund's balance over time also anticipated this grant award. After several years working through the grant application process, the Phase I grant award is now ready for the City to approve. Therefore it is the recommendation of the City Manager that the City Council adopt alternative 1 above. ATTACHMENT(S): HMGP-DR-4483-IA-0021 City of Ames - Water and Pollution Control Subaward Agreement.pdf 24 SUBAWARD AGREEMENT Between Iowa Department of Homeland Security and Emergency Management And City of Ames – Water and Pollution Control PROJECT TITLE: Ames Well field Generator Mitigation Project – Phase I SUBAWARD AGREEMENT NO: HMGP-DR-4483-IA-0021 UEI NUMBER: GK9YL53MJ459 FEDERAL AWARD IDENTIFICATION NUMBER (FAIN): 4483DRIAP00000215 FEDERAL AWARD DATE: 02/12/2024 PERFORMANCE PERIOD START DATE: 02/12/2024 PERFORMANCE PERIOD END DATE: 02/12/2026 FEDERAL FUNDS OBLIGATED AMOUNT: $143,564.00 I. SCOPE OF WORK: This Subaward Agreement (AGREEMENT) is to provide City of Ames - Water and Pollution Control (SUBRECIPIENT) with federal assistance from the Hazard Mitigation Grant Program. The total subaward is $188,900.00. Project Costs – The federal share shall not exceed $143,564.00 or (76%) of actual allowable subaward costs, whichever is less. The state share shall not exceed $18,890.00 or (10%) of the actual allowable subaward costs, whichever is less. The SUBRECIPIENT shall provide at least $26,446.00 or (14%) through local non-federal (cash and/or in-kind) sources for actual allowable subaward costs. These funds are to assist the SUBRECIPIENT with completing the approved scope of work in accordance with the work schedule, milestones, and budget that were submitted to and approved by Iowa Department of Homeland Security and Emergency Management (HSEMD) and the Federal Emergency Management Agency (FEMA). Any modifications to the approved scope and/or budget must be submitted to and approved by HSEMD prior to executing the changes. This includes all change orders. The SUBRECIPIENT is required to obtain all necessary permits before any construction begins. Page 1 of 12 25 Page 2 of 12 EHP Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient (to include the SUBRECIPIENT) to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. EHP Special Conditions: Executive Order 11990 Wetlands: • Construction activities and equipment storage are not to be located in or impact any adjacent wetlands. All materials and equipment should be staged outside of the wetland on paved or previously disturbed areas. Executive Order 11990 Wetlands: • The applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. Monitored National Historic Preservation Act (NHPA): • The archaeological survey must be conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology and in accordance with the Association of Iowa Archaeologists Guidelines for Archaeological Investigations in Iowa written in December 1999 and revised in October 2021. Once under contract, FEMA will conduct a kickoff meeting among FEMA, State Historic Preservation Office (SHPO), the Subapplicant, and the Sub-applicant’s cultural resources consultant to ensure a mutual understanding of the requirements. The survey report must be provided to FEMA for review and consultation with the SHPO, and depending upon the results of the survey, other potential consulting parties including Native American Tribes. 26 II. AGREEMENTS HSEMD will provide financial oversight and management in the role of recipient/pass-through entity based on the grant guidance in 2 CFR, Part 200, Subpart D, Section 200.331, the grant financial guide and other state and federal guidelines. HSEMD will provide technical assistance and direction to the SUBRECIPIENT on programmatic and financial requirements. HSEMD will provide all appropriate documents and forms and make payments to the SUBRECIPIENT to complete the approved scope of work. HSEMD is responsible for monitoring the SUBRECIPIENT’s activities to provide reasonable assurance that the SUBRECIPIENT administers this subaward in compliance with federal and HSEMD requirements. Responsibilities include reviewing the SUBRECIPIENT’s records that support receipts and expenditures, financial records are maintained and adequate for audit, proper cash management, and expenditures are eligible and allowable. A pre-award risk assessment is completed for each subrecipient to assist HSEMD in determining the minimum level of monitoring that will be needed throughout the life of this subaward in accordance with 2 CFR, Part 200, Section 200.205. Additionally, the SUBRECIPIENT will be monitored periodically by HSEMD to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based and on-site monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, and administrative records relative to each program, and will identify areas where technical assistance and other support may be needed. The SUBRECIPIENT will allow HSEMD and auditors to access any necessary records and financial information as indicated in 2 CFR, Part 200, Subpart D, Section 200.336 and Section 200.337. The SUBRECIPIENT will pass appropriate resolutions to assure HSEMD that it is participating, and will continue to participate, in the National Flood Insurance Program, if mapped. The SUBRECIPIENT must disclose in writing any potential conflicts of interest to HSEMD in accordance with applicable FEMA policy and 2 CFR, Part 200, Subpart D, Section 200.112. The SUBRECIPIENT must disclose in writing to HSEMD all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal subaward. Failure to make required disclosures can result in any of the remedies described in 2 CFR, Part 200, Subpart D, Section 200.338, Remedies for noncompliance, including suspension or debarment. (See also 2 CFR, Part 180 and 31 U.S.C. 3321.) The SUBRECIPIENT and the SUBRECIPIENT’s authorized representative agree to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work from inception to closeout with the requirements set forth below. Page 3 of 12 27 III.PERIOD OF PERFORMANCE The approved Period of Performance for this subaward is from 02/12/2024 through 02/12/2026. All work must be completed prior to the end of the Period of Performance. HSEMD will not reimburse the SUBRECIPIENT for costs that are obligated or incurred outside of the Period of Performance. If a time extension is needed, one must be requested at least 90 days prior to the end of the Period of Performance. All requests must be supported by adequate justification submitted to HSEMD in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended performance period; milestones that are unmet; and a description of performance measures necessary to complete the subaward. The Hazard Mitigation Time Extension Request Form will be made available to the SUBRECIPIENT. Without the justification, time extension requests will not be processed. IV. AUTHORITIES AND REFERENCES The SUBRECIPIENT shall comply with all applicable laws and regulations. A non-exclusive list of laws and regulations commonly applicable to FEMA grants follows hereto for reference only. •2 CFR, Part 200 - http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl •Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq. •Title 44 of the Code of Federal Regulations (CFR) - Part 80-Property Acquisition and Relocation for Open Space, if applicable •Title 44 of the Code of Federal Regulations (CFR) - Part 9-Floodplain Management and Protection of Wetlands •Title 44 of the Code of Federal Regulations (CFR)- Part 201- Mitigation Planning •Title 44 of the Code of Federal Regulations (CFR)- Part 206-Federal Disaster Assistance •Title 31 CFR 205.6 Funding Techniques •Hazard Mitigation Assistance Guidance, February 27, 2015- if applicable •SUBRECIPIENT’s application that was received and approved by HSEMD and FEMA •Any other applicable Federal Statutes including the Transparency and Recovery Act V. GRANT MANAGEMENT SYSTEM To ensure federal funds are awarded and expended appropriately, the SUBRECIPIENT will establish and maintain a grant management system as outlined in 2 CFR, Part 200, Subpart D, Section 200.302 and internal controls in section 200.303. The standards for SUBRECIPIENT organizations stem from the Office of Management and Budget’s (OMB) uniform administrative requirements and the cost principles in 2 CFR, Part 200, Subpart E. State, local and tribal organizations must follow the uniform administrative requirements standards in 2 CFR Part 200. These standards combined with the audit standards provided within 2 CFR, Part 200, Subpart F plus the requirements of the Generally Accepted Accounting Principles constitute the basis for Page 4 of 12 28 all policies, processes and procedures set forth in this grant management system for the SUBRECIPIENT. The SUBRECIPIENT’s grant management system must include: •internal controls based on the American Institute for Certified Public Accountants (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles •a chart of accounts that includes a separate cost center, fund, or accounting codes for each federal grant, program, or funding source •procedures to minimize cash on hand in compliance with the Cash Management Improvement Act (CMIA) and good business processes •the ability to track expenditures on a cash or accrual basis •the ability to track expenditures in both financial and program budgets •procedures to document all grant-related expenditures, broken down by budget line items •procedures to ensure expenditures are eligible and allowable •the ability to fulfill government-required financial reporting forms VI. PROCUREMENT This AGREEMENT requires that all procurement be executed by the SUBRECIPIENT within the guidelines of 2 CFR, Part 200 Subpart D, Section 200.318 through Section 200.326 including Appendix II. Procurement standards must be in accordance with the written adopted procedures of the SUBRECIPIENT, provided that the local procurement standards conform to applicable State and Federal law and the standards identified in 2 CFR, Part 200. The SUBRECIPIENT must maintain written standards of conduct covering conflicts of interest as outlined in 2 CFR, Part 200 Subpart D, Section 200.318. The SUBRECIPIENT will ensure that every purchase order or other contract includes clauses required by Federal statutes and executive orders and their implementing regulations. The SUBRECIPIENT must submit copies of its own written procurement guidelines, written conflict of interest guidelines, bid documents and contract documents to HSEMD prior to awarding or executing contracts. No contract will be accepted without HSEMD’s prior review. VII. AUDIT The SUBRECIPIENT must comply with the requirements of the Single Audit Act Amendments of 1996 and 2 CFR, Part 200, Subpart F. Reference: Catalog of Federal Domestic Assistance (CFDA) Number: 97.039, Hazard Mitigation Grant Program. VIII. PAYMENT REQUEST PROCESS The SUBRECIPIENT may submit a payment request up to 30 days prior to an anticipated expenditure or disbursement. The SUBRECIPIENT must be able to account for the receipt, obligation, and expenditure of funds. If interest is earned, the SUBRECIPIENT agrees to comply with the federal requirements from 2 CFR, Part 200, Subpart D, Section 200.305. The SUBRECIPIENT may keep interest earned on Federal grant funds up to $500 per fiscal year. This maximum limit is not per subaward; it is inclusive of all interest earned as a result of all Page 5 of 12 29 Page 6 of 12 federal grant program funds received per year. Subrecipients are required to report all interest earned at least quarterly to HSEMD. HSEMD will provide instructions to the SUBRECIPIENT for the disposition of reported interest earned. Payments to subrecipients are based on eligible expenditures that are specifically related to the approved subaward budget and scope of work. The SUBRECIPIENT has two options available to them when requesting payments from HSEMD. Subrecipients can request Reimbursement for allowable expenditures already paid, or request an Advance for expenditures to be paid within 30 days. Payments shall be limited to the documented cash requirements submitted by the SUBRECIPIENT. The SUBRECIPIENT must submit a completed Payment Request Form and provide supporting documentation of eligible subaward costs to receive payment of funds. •Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.). HSEMD reserves the right to request that the SUBRECIPIENT submit additional expenditure documentation upon request. •Advance payment requests must include the detailed costs the SUBRECIPIENT is obligated to pay (i.e. invoices, accepted quotes, executed contracts, or other documents). Payment verification documents (same documents required for a Reimbursement request) for the advance must be submitted to HSEMD within 30 days after the advance, and before future advances are made. If the SUBRECIPIENT is unable to demonstrate; the willingness to maintain written procedures that minimize the time elapsing between the transfer of funds and disbursement by HSEMD; a financial management system that meets the standards for fund control and accountability as established in 2 CFR, Part 200; or is considered a High Risk subrecipient; then reimbursement requests will be required. No more than thirty (30) days should elapse between the date of receipt of a warrant and pay out of the funds by the SUBRECIPIENT. All supporting documentation must be submitted to HSEMD immediately following the SUBRECIPIENT’s pay out of the funds. Required documents prior to payments from HSEMD. Payment of funds will not be made to the SUBRECIPIENT until HSEMD has on file the following documents: •FEMA Award Notification (attached to this AGREEMENT) •Pre-Award Risk Assessment (attached to this AGREEMENT) •Signed Subaward Agreement •Substitute W9/Vendor Update Form (if not already on file at HSEMD) •Chart of Accounts verifying that unique revenue and expenditure accounts, cost centers or account codes have been established within the SUBRECIPIENT’s cash management/accounting system for each program included in this AGREEMENT. •Procurement documents: written procurement and conflict of interest documents, method of procurement, bid specifications reviewed by HSEMD, copy of approved and executed contracts between the SUBRECIPIENT and contractor. 30 •Signed certification from the SUBRECIPIENT’s authorized representative for the payment request as outlined in 2 CFR, Part 200, Subpart D, Section 200.415. Expenditures must be in accordance with the approved scope of work and budget and in accordance with 2 CFR, Part 200, Subpart D, Section 200.29, Section 200.306 and Section 200.434. The SUBRECIPIENT contributions must be verifiable from the SUBRECIPEINT’S records, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. Cash match can be money contributed to the SUBRECIPIENT by the SUBRECIPIENT, other public agencies and institutions, private organizations and individuals as long as it comes from a non-federal source. Cash spent must be for allowable subaward costs in accordance with the SUBRECIPIENT’s approved scope of work and budget and must be applicable to the period to which the cost sharing or matching requirement applies. Documentation can be copies of the SUBRECIPIENT’s checks to the third parties and a copy of the SUBRECIPIENT’s general ledger for revenues and expenses clearly showing the federal and non-federal cash sources. In-kind match must comply with the requirements of 2 CFR, Part 200, Subpart D, Section 200.306 entitled “Cost sharing or matching”. The value of in-kind contributions is also applicable to the period to which the cost sharing or matching requirement applies. The in-kind match provided must be documented by the third party contributing the in-kind services. The in- kind match must be specifically stated in the SUBRECIPIENT’s scope of work and budget before in-kind match will be allowed to match this subaward. Documentation can be a letter (on letterhead) from the third party stating the scope of their work, what is being contributed as it relates to the scope of work, dates of service/donation, record of donor, the value (rates of staffing, equipment usage, supplies, etc.) a statement to the effect that the value is normally charged, deposit slips for cash contributions and a statement that the value is being waived on behalf of the SUBRECIPIENT to meet the matching requirements to the SUBRECIPIENT’s subaward. Such documentation must be kept on file by the SUBRECIPIENT. If the local match is insufficient to satisfy the local match requirements for receiving all available federal funds, the awarded federal funds will be reduced accordingly so as not to exceed the maximum federal share allowed under this subaward. The SUBRECIPIENT must maintain records and documentation showing how the value placed on third-party in-kind contributions is derived. Regulations are in 2 CFR, Part 200, Subpart D, sections 200.306 and 200.434. IX. PROGRAM INCOME Any program income generated must comply with 2 CFR, Part 200, Subpart D, Section 200.80 and Section 200.307. Program income must be deducted from the subaward’s total allowable costs. All program income must be reported in the quarterly financial progress reports. Page 7 of 12 31 X. REPORTING REQUIREMENTS Quarterly programmatic and financial reports are required on the progress relative to the approved scope of work as outlined in 2 CFR, Part 200, Subpart D, Section 200.328. Subrecipients are required to complete the quarterly progress report forms that are provided by HSEMD and submit them by the due dates stated by HSEMD. Due dates are January 15, April 15, July 15, and October 15. The first report is due following the end of the reporting period in which the subaward was awarded by FEMA. The reporting periods are January- March, April-June, July-September, and October-December. XI. CLOSE OUT The SUBRECIPIENT must prepare and submit by the end of the Period of Performance, and/or within 60 days of the completion of the approved scope of work, whichever comes first, all required financial, performance and other reports as outlined in 2 CFR, Part 200 Subpart D, Section 200.343 and Section 200.344. The SUBRECIPIENT must liquidate all obligations incurred under the subaward by the end of the Period of Performance. The SUBRECIPIENT must dispose of property purchased with subaward funds and dispose of or return government- furnished property no longer being used for subaward-related activities. All accounts must be settled, including reimbursements for any remaining allowable costs and refunds to HSEMD of any unobligated cash that was advanced. XII. RECORD RETENTION The SUBRECIPIENT must retain records pertinent to the Federal subaward for three years after the date of the final expenditure report is submitted as outlined in 2 CFR Part 200, Subpart D, section 200.333. XIII. WAIVERS No conditions or provisions of this AGREEMENT can be waived unless approved by HSEMD and the SUBRECIPIENT, in writing. Unless otherwise stated in writing, HSEMD's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. XIV. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the subaward funds provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by HSEMD and the SUBRECIPIENT. Page 8 of 12 32 XV. COMPLIANCE, TERMINATION AND OTHER REMEDIES Unless otherwise stated in writing, HSEMD requires strict compliance by the SUBRECIPIENT and its authorized representative(s) with the terms of this AGREEMENT, and the requirements of any applicable local, state and federal statute, rules, regulations; particularly those included in the Assurances in the Application which was submitted to FEMA by HSEMD. HSEMD may suspend or terminate any obligation to provide funding or demand return of any unused funds, following notice from HSEMD, if the SUBRECIPIENT fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress toward administration or completion of said subaward. The SUBRECIPIENT is responsible for repayment of funds as a result of subsequent refunds, corrections, overpayments, or disallowed costs for ineligible expenditures. The SUBRECIPIENT understands and agrees that HSEMD may enforce the terms of this AGREEMENT by any combination or all remedies available to HSEMD under this AGREEMENT, or under any other provision of law, common law, or equity. XVI. INDEMNIFICATION It is understood and agreed by HSEMD and the SUBRECIPIENT and its agents that this AGREEMENT is solely for the benefit of the parties to this subaward and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. The SUBRECIPIENT, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless HSEMD and the State of Iowa, and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBRECIPIENT or its authorized representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBRECIPIENT’s obligation to protect, save, and hold harmless as herein provided shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. The SUBRECIPIENT further agrees to defend HSEMD, the State of Iowa, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney’s fees incurred in the defense of any such claim or cause of action, as to which the SUBRECIPIENT is required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The SUBRECIPIENT’s obligation to defend, or to pay attorney’s fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of HSEMD, the State of Iowa, or any of their authorized agents or employees. Page 9 of 12 33 XVII. ACKNOWLEDGMENTS The SUBRECIPIENT shall include, in any public or private release of information regarding the activities supported by this subaward, language that acknowledges the funding contribution by HSEMD and FEMA. XVIII. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBRECIPIENT, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of HSEMD or the State of Iowa. All references herein to the SUBRECIPIENT shall include its officers, employees, city council/board members, and agents. HSEMD shall not withhold on behalf of any such officer, employee, city council/board member, or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind from the funds paid to the SUBRECIPIENT for administrative purposes. XIX. GOVERNING LAW, VENUE AND SEVERABILITY The laws of Iowa shall govern this AGREEMENT and venue for any legal action hereunder shall be in the Polk County District Court of Iowa. If any provision under this AGREEMENT or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which can be given effect without the invalid provision. XX. NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals as required by applicable state and federal laws, rules, and regulations and shall maintain a record of such compliance. XXI. RESPONSIBILITY FOR SUBAWARD While HSEMD undertakes to provide technical assistance to the SUBRECIPIENT and its authorized representative in the administration of the subaward, said subaward remains the sole responsibility of the SUBRECIPIENT in accomplishing subaward objectives and goals. HSEMD undertakes no responsibility to the SUBRECIPIENT, or any third party, other than what is expressly set out in this AGREEMENT. Page 10 of 12 34 Page 11 of 12 XXII. NOTICES AND COMMUNICATIONS BETWEEN HSEMD AND SUBRECIPIENT All written notices and communications to the SUBRECIPIENT by HSEMD shall be to: Matthew Jacob, Environmental Engineer City of Ames – Water and Pollution Control 1800 E. 13th Street Ames, IA, 50010 Or the Alternate Point of Contact, John Dunn, Director City of Ames – Water and Pollution Control 1800 E. 13th Street Ames, IA, 50010 All written communications to HSEMD by the SUBRECIPIENT and its authorized representative shall be to: Dusty Pogones Mitigation Bureau Chief Iowa Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights, IA 50324 35 Page 12 of 12 ENTIRE SUBAWARD AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between HSEMD and the SUBRECIPIENT with respect to subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amended thereto shall not be binding on either HSEMD or the SUBRECIPIENT. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. IN WITNESS WHEREOF, HSEMD and the SUBRECIPIENT have executed this AGREEMENT by the signatures of authorized persons of both entities and on the dates indicated below: Iowa Department of Homeland Security City of Ames – Water and Pollution Control: and Emergency Management: _________________________________ __________________________________________ Dennis Harper, Alternate GAR John Haila, Mayor _________________________________ __________________________________________ Date Date __________________________________________ Signature of Authorized Representative (optional) __________________________________________ Date Attachments: Exhibit A: FEMA Award Notification Exhibit B: Scope of Work Exhibit C: Pre-Award Risk Assessment 36 Exhibit A: FEMA Award Notification FEMA Award Letter 37 U.S. Department of Homeland Security FEMA Region 7 11224 Holmes Road Kansas City, MO 64131 www.fema.gov February 12, 2024 Director Benson Iowa Homeland Security and Emergency Management Department Attn: Hazard Mitigation 7900 Hickman Road, Suite 500 Windsor Heights, Iowa 50324 Subject: FEMA-4483-DR-IA Hazard Mitigation Grant Program (HMGP) Phase I Conditional Approval Subrecipient: City of Ames Project #: 0021 Ames Well Field Generator Mitigation Project Dear John Benson: This letter is official notification that the Federal Emergency Management Agency (FEMA) Region 7 has granted Phase I Conditional Approval for the application submitted by the City of Ames for the Ames Well Field Generator Mitigation Project. FEMA will release funds to the state in the amount of $143,564.00 for Final Engineering & Design, Permitting & Fees, Survey & or Staking, Geotechnical engineering & soil boring, and Phase I Archaeological Assessment. The non-federal match requirement of $45,336.00 will be provided through local funding. No construction is approved at this time. The milestones included in the application indicate that the time to complete Phase I activities will be 10 months from the date of this letter. Any delays or extensions regarding this timeframe must be reported to FEMA. The period of performance for the grant ends on January 1, 2027. It is the responsibility of the recipient and subrecipient to ensure all approved activities associated with this subaward are completed by the end of the period of performance. Any costs incurred that were not identified as pre-award prior to the date of this approval or any costs incurred after the period of performance will be disallowed. Upon submission of the Phase I deliverables, FEMA will determine whether the proposed project is technically feasible, cost effective, and compliant with Environmental and Historic Preservation requirements. FEMA will render a Phase II determination upon completion of this review. If, however, the project is not approvable by FEMA, the project will end at that point and the subrecipient will be awarded its share of incurred costs. Any costs incurred prior to the date of this approval will be disallowed. Completion of Phase I for this project should result in the following items to be submitted to FEMA for consideration of Phase II approval (implementation/construction): 38 Director Benson FEMA-4483-DR-IA-0021 Phase I Conditional Approval Page 2 www.fema.gov • Final Engineering & Design • Permitting & Fees • Survey & or Staking • Geotechnical engineering & soil boring • Phase I Archaeological Assessment. Environmental Historic Preservation (EHP) Requirements/Conditions A change to the approved statement of work (SOW) requires prior approval from FEMA. The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subrecipient SOW shall be reviewed by all state and federal agencies participating in the NEPA process. NEPA sign off for all SOW additions or amendments is essential before the revised SOW can be approved by FEMA or implemented by the HMGP subrecipient. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may impact federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. In addition, the following special conditions have been identified: Executive Order 11990 Wetlands: • Construction activities and equipment storage are not to be located in or impact any adjacent wetlands. All materials and equipment should be staged outside of the wetland on paved or previously disturbed areas. Executive Order 11990 Wetlands: • The applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. Monitored National Historic Preservation Act (NHPA): • The archaeological survey must be conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology and in accordance with the Association of Iowa Archaeologists Guidelines for Archaeological Investigations in Iowa written in December 1999 and revised in October 2021. Once under contract, FEMA will conduct a kickoff meeting among FEMA, State Historic Preservation Office (SHPO), the Sub- applicant, and the Sub-applicant’s cultural resources consultant to ensure a mutual understanding of the requirements. The survey report must be provided to FEMA for review and consultation with the SHPO, and depending upon the results of the survey, other potential consulting parties including Native American Tribes. 39 Director Benson FEMA-4483-DR-IA-0021 Phase I Conditional Approval Page 3 www.fema.gov Please take careful note of the requirements of the monitored NHPA condition and the coordination it requires regarding the development of the Phase 1 Archaeological Survey. Quarterly progress reports for HMGP projects are required; please include this HMGP project in your future quarterly reports. If you should have any questions concerning this action, please contact Brian Woltz, Hazard Mitigation Assistance Branch Chief, at (816) 808-3664 or Brian.Woltz@fema.dhs.gov. Sincerely, Laurie L. Bestgen, Director Mitigation Division 40 Exhibit B: Scope of Work Scope of Work from Application Scope of Work: Description of the Solution & Mitigation Proposed: In order to provide continuous, uninterrupted power to the water supply wells, a dedicated standby generator for this well field is needed. This generator would provide the needed power during future flooding events and high wind events that cause a city-wide power loss such as the recent derecho event. During these future power outages, this generator would provide power to pump water back to the water plant to be treated. Once the water can be pumped to the water treatment plant, an existing standby generator at the plant provides the needed power to pump the water to the distribution system. Description of the Proposed Project: This project will provide dedicated, fixed standby electrical power to 5 wells associated with the Huziker Youth Sports Complex Well Field in Ames, Iowa. These are the highest capacity of the City's 22 wells and supply approximately 2/3 of the City's water demand. The standby generator and associated electrical equipment will be placed out of the floodplain. An electrical connection to each of the 5 wells will be completed utilizing horizontal directional drilling. Iowa’s Water Supply Design Standards require that a water system have redundant electrical power available. Installing standby power for critical remote sites was one of the recommendations contained in the utility’s 2020 Physical Security Assessment conducted by the U.S. Department of Homeland Security. Approved Budget Cost Category Amount Engineering and Design $188,900.00 41 Exhibit C: Pre-Award Risk Assessment Conducted by HSEMD 42 Iowa Department of Homeland Security and Emergency Management Recovery Division Subrecipient Pre-Award Risk Assessment Revised 12/15/21 ldonahe Applicant Information Applicant: City of Ames - Water and Pollution Control Applicant UEI (12 Character alphanumeric number): Applicant Authorized Representative1: Matthew Jacob Applicant Authorized Representative Phone: 515-239-5584 Applicant Authorized Representative Email: matthew.jacob@cityofames.org HSEMD Recovery Division Assessment Completed by: Tammy Grittmann Assessment Date: Total Risk Assessment Score: 9 of 15. Risk Level*: MEDIUM NOTE TO SUBRECIPIENT: If a written procurement policy is not in place at the time the pre-award risk assessment is conducted, the subrecipient will be placed at a “High” risk level. If a written procurement policy is in place but does not meet the minimum federal standards, the subrecipient should expect a “Medium” risk level or higher. Financial Stability points 4 (maximum of 4) Yes/No ☐ ☒Turnover in key staff in the past 12 months (i.e. city clerk, financial manager, superintendent, etc.) (Y=-1 point, N=1 point) Notes for HSEMD staff: Yes/No ☐ ☒Special investigations performed by the Iowa State Auditor in the past five (5) years. (Y=-1 point, N=1 point) Notes for ISHSEMD staff: 1 2 CFR §200.415 requires that fiscal reports (including subrecipient agreements, payment requests, etc.) be “signed by an official who is authorized to legally bind the non-Federal entity”. GK9YL53MJ459 02-14-2024 43 HSEMD Recovery Division: Risk Assessment Page 2 of 7 Revised 12/15/21 ldonahe Yes/No ☒ ☐ For each Federal subaward, the applicant’s accounting system has the ability to track revenues and expenditures separately from other expenditure and revenue sources. (Including applicant matching funds) (I.e. separate accounts/work orders for each approved project)2 Attach chart of accounts/work order listing with particular accounts/work orders noted. (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200#200.302 Notes for HSEMD staff: Yes/No ☒ ☐ For each Federal subaward, the applicant’s accounting system has the ability to tie revenues and expenditures to approved subaward budget(s) and scope(s) of work. (Y=1 point, N=-1 point) Notes for HSEMD staff: Yes/No ☒ ☐ Establish and maintain effective internal control over the Federal subaward to provide assurance the entity is managing the award in compliance with Federal statutes, regulations and terms and conditions.3 Attach associated procedures. (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/section-200.303 Notes for HSEMD staff: 2 2 CFR §200.302(3) requires that records must adequately identify the source and application of federally-funded activities. 3 Required per 2 CFR §200.303(a); Internal Controls 44 HSEMD Recovery Division: Risk Assessment Page 3 of 7 Revised 12/15/21 ldonahe Quality Management Systems points 2 (maximum of 5) Procurement Policies. Attach procurement policies. Yes/No ☒ ☐ Includes documentation to ensure that contractor/vendor is not suspended or disbarred from federally- funded projects.4 (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.214 Notes for HSEMD staff: Yes/No ☐ ☒ Includes procedure to document affirmative solicitation of small and minority businesses, and women’s business enterprises.5 (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.321 Notes for HSEMD staff: Yes/No ☒ ☐ Includes Contract Provisions for Non-Federal Entity Contracts under Federal Awards 6 (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 Notes for HSEMD staff: 4 Must include documentation of check of contractor/vendor on Excluded Parties List System (EPLS) (https://www.sam.gov) (2 CFR 200.214) (2 CFR part 180) 5 2 CFR § 200.321; Listing available at https://www.sam.gov 6 2 CFR §200 Appendix II 45 HSEMD Recovery Division: Risk Assessment Page 4 of 7 Revised 12/15/21 ldonahe Yes/No ☒ ☐ Written standards of conduct covering conflicts of interest.7 Attach associated standards. (Y=1 point, N= -1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.318 Notes for HSEMD staff: Yes/No ☒ ☐ Procedures for accounting for the entirety of employee time by individual Federal subaward and other non-Federally funded work (Personnel Activity Reports or similar). Attach employee time keeping procedures and examples of associated documentation. (Y=1 point, N=-1 point) Notes for HSEMD staff: Yes/No ☐ ☒ Follow the prohibition on certain telecommunications and video surveillance services or equipment outlined in 2 CFR 200.216. (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216 Notes for HSEMD staff: 7 2 CFR 200.318 (c)(1)(2) 46 HSEMD Recovery Division: Risk Assessment Page 5 of 7 Revised 12/15/21 ldonahe Performance History points 1 (maximum of 4) Yes/No ☒ ☐ New applicant (Y=-1 point, N=1 point) Notes for HSEMD staff: Yes/No ☐ ☒ Applicant has an outstanding balance (pending resolution or outstanding refund) with HSEMD (Y=-1 point, N=1 point) Notes for HSEMD staff: Yes/No ☒ ☐ Applicant is not suspended or disbarred from federal awards.4 (Y=1 point, N=-1 point) Notes for HSEMD staff: Prior HSEMD Subawards (list only previous 4 programs) (1 point for each grant in which all projects are completed and closed on or under budget) Assistance Listing # (Sam.gov) # of Projects Total $ Obligated Total $ Expended Completed and Reports # of issues identified 47 HSEMD Recovery Division: Risk Assessment Page 6 of 7 Revised 12/15/21 ldonahe Prior Subaward Monitoring Actions by HSEMD (list only 5 most recent) (-1 point for each identified issue) Desk Review or Site Visit (Select One) Date # of Issues Identified Prior Subaward Audit Findings Review two (2) most recent audits of Federal Awards, and document findings on Federal awards.8 (-1 point for each audit finding on a Federal award) Fiscal Year Audited Assistance Listing # (Sam.gov) (Qualified, Unqualified, Disclaimer, or Adverse) (Internal Control, Material Weakness, # of Findings # of Findings Resolved 8 Audit information is available at: https://facdissem.census.gov/ or https://www.auditor.iowa.gov/reports/audit-reports/ 48 HSEMD Recovery Division: Risk Assessment Page 7 of 7 Revised 12/15/21 ldonahe Statutory and Regulatory Requirement Implementation points 2 (maximum of 2) Yes/No ☒ ☐ Procedures for reporting all violations of Federal criminal law involving fraud, bribery, or gratuity violations possibly affecting Federal awards.9 Attach associated policies (Y=1 point, N=-1 point) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-B/section-200.113 Notes for HSEMD staff: Yes/No ☒ ☐ Policies and procedures to safeguard personally identifiable information (i.e. Social Security numbers, dates of birth, medical information, etc.)10 Attach associated policies (Y=1 point, N=-1 point) Notes for HSEMD staff: *Risk Level: (Note: Attachments must be included in order for the points to be awarded) <0-5 High Site Monitoring Visit or Desk Review, regular site visit and administrative reviews by HSEMD staff. 6-10 Medium Desk Review upon closeout of projects as needed; continued quarterly progress report monitoring and project closeout monitoring. 11-15 Low Continued quarterly progress report monitoring and project closeout monitoring. 9 2 CFR §200.113 requires that all non-Federal entities and applicants for a Federal award must disclose in a timely manner and in writing to the Federal awarding agency or pass-through entity any violations that may affect the Federal award. 10 2 CFR §200.303(e) 49 ITEM #:6 DATE:03-12-24 DEPT:POLICE SUBJECT:MOTION TO APPROVE THE AMES POLICE DEPARTMENT'S APPLICATION FOR AND PARTICIPATION IN THE 2025 GOVERNOR'S TRAFFIC SAFETY BUREAU (GTSB) ENFORCEMENT GRANT PROGRAM&NBSP; COUNCIL ACTION FORM BACKGROUND: The Police Department is again requesting permission to apply for funding from the Governor's Traffic Safety Bureau (GTSB) to support additional overtime traffic enforcement, and to participate in the project should funding be awarded. This program is conducted through the Governor's Traffic Safety Bureau in cooperation with local and county law enforcement agencies. The purpose of this grant is to address traffic safety problems including alcohol, excessive speed, pedestrian and bicycle safety, and vehicle occupant protection. The program is designed with both enforcement and educational components to improve driver safety and protection, to reduce impaired driving, and to enhance overall traffic safety. The Ames Police Department has participated in similar annual programs in the past. This grant will support additional traffic enforcement during periods of high risk for impaired driving, excessive speed, and crashes. The officers conducting this intensified traffic enforcement will be added to the normal staffing levels for the Police Department and will work on an overtime basis. The areas in which these officers work will be selected on the basis of citizen complaints, officer observations and traffic incident data. The grant application would request $37,000 in funding for the following uses: To pay officers at an overtime rate, To fund acquisition of two mobile radar units, To send an officer to an annual national traffic safety conference. There is no local match required with this grant. ALTERNATIVES: 1. Approve the Police Department's application for and participation in the Governor's Traffic Safety Bureau Enforcement Grant Program. 2. Do not approve this application. CITY MANAGER'S RECOMMENDED ACTION: Participation in this program allows the Police Department to devote additional resources to traffic safety without additional local costs. These funds help reduce traffic violations and improve traffic safety for the citizens of Ames. Therefore, it is the recommendation of the City Manager that the City 50 Council approve Alternative #1 as described above. 51 ITEM #:7 DATE:03-12-24 DEPT:FIRE SUBJECT:FIRE APPARATUS REPLACEMENT PROGRAM COUNCIL ACTION FORM BACKGROUND: Fire apparatus are essential equipment for firefighting. The replacement program ensures the replacement of fire apparatus at the end of their operational life. Front line apparatus are kept for approximately 15 years, with the goal of then rotating the apparatus to serve as backups for another 10 to 15 years. The City currently has two frontline engines: Engine 1 and Engine 2. Engine 2 is identified in the City’s Capital Improvements Plan as due for replacement in FY 2025/26. Engine 2 was purchased in 2010, and after replacement it will be refurbished and used as a backup. This will provide the department with two backup engines. The City's Purchasing Policies call for formal bids for purchases over $50,000. For a vehicle or apparatus purchase, this would involve staff writing a specification describing the desired features and performance characteristics for each purchase based on the needs of the department. In 2022, the Fire Department used this formal bid process to purchase Engine 1. The engine specification drafted at that time was developed to be used as the standard specification for future engine purchases. Now that an ideal specification has been chosen and used in the previous procurement, maintaining compatibility with that specification promotes interoperability and familiarity with existing equipment. This approach minimizes the need for extensive retraining, thereby enhancing overall efficiency in emergency response scenarios. Rather than soliciting bids for the upcoming apparatus replacement, staff is proposing the purchase of a compatible apparatus utilizing a cooperative purchasing organization. A cooperative purchasing organization assists local governments by aggregating demand to create a national cooperative of contract purchasing opportunities that results in lower purchasing costs and time spent writing specifications. Staff consulted ten other fire departments from across the state that have successfully utilized this process to their benefit, including Des Moines, Ankeny, and Waterloo. Staff has identified that both Sourcewell and the Houston- Galveston Area Council would allow the purchase of the type of apparatus that is being proposed. Staff is proposing to work with Sourcewell to identify a vendor that can meet the department’s apparatus specifications at the best value. A cost review from the most recent vendor used for the City's last engine purchase shows a cost savings of $10,052 by using Sourcewell over a formal bid process. If Council authorizes staff to proceed, a contract for a purchase would be brought to the City Council in the next few weeks, along with a request to waive the Purchasing Policies and Procedures requirement for competitive bids. The FY 2025/26 Capital Improvements Plan includes $1,071,499 of G.O. Bond proceeds for this purchase and the refurbishment of current Engine 2. Although this funding is several years from now, staff is bringing this item to Council at 52 this time because payment would not be due until the time of delivery, which is not expected be for another 46-49 months. ALTERNATIVES: 1. Authorize staff to negotiate the purchase of Engine 2 through the Sourcewell cooperative. Staff will return to the City Council for approval of the purchase contract once negotiations have been concluded. 2. Direct staff to solicit competitive bids for the purchase of Engine 2. This alternative may result in increased costs or apparatus that does not meet the department's desire for standardization. CITY MANAGER'S RECOMMENDED ACTION: Engine 2 is almost 15 years old and is due for replacement in FY 2025/26. Expected build times are 46- 49 months, which is why this request is before Council now instead of waiting until July 2025 to start the procurement process. Full payment is not due until the time of delivery. By approving the ability to use the Sourcewell cooperative, the City will benefit from proven, standardized apparatus specifications, at a cost that is expected to be comparable or better than the previous competitively bid engine replacement order. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 53 To:Members of the City Council From:John A. Haila, Mayor Date:March 12, 2024 Subject:Appointments to City Boards and Commissions Item No. 8 MEMO Attached is a listing of the City’s various boards and commissions that have upcoming vacancies and the names of individuals I propose to be appointed to fill the openings. I am pleased with the qualifications of the residents who applied for open positions. I continue to look for qualified and interested candidates to fill a few remaining openings. On the accompanying list, those with an asterisk (*) by their names are individuals who are currently serving on that respective board or commission and are eligible to be reappointed. In addition to my review of the submissions, the application review and selection process included a review by the department heads that work with the respective board or commission. We then compared notes. Staff is comfortable with the proposed list of recommended appointees. This year, a vacancy arose on the Ames Resident Police Advisory Committee (ARPAC). I reviewed the applications on file to find a suitable replacement. I selected two individuals to interview, but one individual was not available to serve at this time. After interviewing Alphonso Campbell, I was very pleased with his qualifications, understanding of the purpose of ARPAC, and motivation to serve. His appointment shifts the gender balance of the board to four men and three women, but maintains the balance of representation in other categories as required by the “diversity of the community” language in Section 2.50 of the Municipal Code. Should you have any questions regarding any of the applicants, please let me know. Jeramy Neefus also has all appointee applications on file should you wish to review them. ATTACHMENT(S): Recommended Appointments Table 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 54 MAYOR’S APPOINTMENTS TO CITY OF AMES BOARDS AND COMMISSIONS 2024 (* Incumbents) Board/Commission Vacancies Name Ames International Partner Cities Association 2 * Michael Abrams Laura Hansen Ames Resident Police Advisory Committee 3 * William Arce * Chunhui Xiang Alphonso Campbell Analysis of Social Services Evaluation Team 2 * Becky Harker Aidan Shervheim Building Board of Appeals - Plumber - General Contractor - HVAC/Mechanical 3 * Brent Bagley Dave Rogotzke 1 Still Needed Campus & Community Commission - Neighborhood Representative 1 James McCormick Civil Service Commission 2 * Kim Linduska Larry Conley Commission on the Arts 1 Mary Beth Truckenmiller Electric Utility Operations Review & Advisory Board 3 * Michael Wilson * Jeff Witt * Jonathon Fleming Historic Preservation Commission - Old Town Representative 4 William Walker Michael Murphy 2 Still Needed Human Relations Commission 4 Shawn Kenny Annabella Marquez Brennan Sorkin Pablo Suarez Beltran Library Board of Trustees 3 * Richard Johnson * Carolyn Myers * Matt Crain Parks & Recreation Commission 3 * Jeffrey White Janet Rathe Jeff Iles Planning & Zoning Commission 3 * Matthew Voss * James Blickensdorf Cheryl Moss Property Maintenance Appeals Board - Long-Term Tenant - General Contractor - Small/Medium Landlord - Student Tenant 4 * Eric Fralick 3 Still Needed Project Share Committee 1 Robyn Belden Public Art Commission 4 * Joseph Merchant Donna Hoff-Grambau Greg Rowland 1 Still Needed Zoning Board of Adjustment 2 Marshall McDaniel 1 Still Needed 55 ITEM #:9 DATE:03-12-24 DEPT:PW SUBJECT:RESOURCE RECOVERY SYSTEM 2023 ANNUAL REPORT COUNCIL ACTION FORM BACKGROUND: This previous year, 2023, brought a number of challenges along with new opportunities for the Resource Recovery System (RRS). Substantial increases in the price of natural gas will create some limits on the amount of gas that can be burned at the Power Plant beginning in 2024. These limits will mainly occur in the winter months of November – March, which will in turn decrease the amount of refuse derived fuel (RDF) that can be used by the Power Plant. That then presents the challenge of finding ways to reduce solid waste being processed at the Resource Recovery Plant (RRP) while trying to limit the amount of waste being sent to the landfill. In response to this challenge, one new service that has been implemented is providing a “one-stop shop” recycling drop-off at RRP. This allows residents to bring in cardboard, mixed paper, plastic bottles with twist off lids, metals, clothes/shoes, and organics at no charge. New cardboard containers are being implemented at satellite locations in Ames and a traveling recycling container is being considered for member communities. Another challenge being addressed is finding a new location(s) for disposal of construction and demolition waste (C&D). Large amounts of C&D from Story County is a challenge for operators at Boone County Landfill (BCL) and quickly taking up space. Staff have been working together to find new locations for disposal of C&D from Story County, starting in July 2024. Additionally, the Comprehensive Solid Waste Management Plan between BCL, RRS, and the respective member agencies will expire in June 2025. Staff has been evaluating options for best management of solid waste for 2025 and beyond. This includes evaluation of implementing new landfill partnerships, expanding recycling services, managing C&D, and analyzing a potential transfer station. Any of these changes could have an effect of increasing tipping fees and the per capita rate. 2023 STATISTICS: The partner communities and agencies generated 52,377 tons of municipal solid waste (MSW) during 2023 with approximately 43,847 tons received at the plant and processed to create 28,622 tons of refuse derived fuel (RDF). An estimated 1,414 tons of metal and 261 tons of glass were recovered for recycling. Additional items diverted from the landfill included 16.5 tons of Household Hazardous Materials, 38 tons of organics, 696 appliances, and 1,404 tires. Rummage RAMPage was held once again in 2023, finding new uses and homes for approximately 77 tons of household items that would have otherwise been destined for the landfill. RATES AND FEES FOR FY 2024-25: The per capita rate charged to member agencies will remain at $10.50 and will be billed according to the results of the 2020 census. Based on projected financial needs to meet future operating, maintenance and capital needs, the tipping fee will be raised to $75.00/ton beginning July 1, 2024. 56 ALTERNATIVES: 1. Accept the Resource Recovery System 2023 Annual Report 2. Request further information from staff CITY MANAGER'S RECOMMENDED ACTION: While there were a number of challenges during 2023 and still remaining ahead, the Resource Recovery System continues to be a responsible, sustainable, local solid waste solution for our partner agencies. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): RRP Annual Report_2023 cc.pdf 57 58 Email: rrp@cityofames.org Web: www.cityofames.org/resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave Ames, Iowa 50010 Thank You to our partners in Sustainability! Nevada, Story City, Huxley, Slater, Roland, Gilbert, Maxwell, Cambridge, Zearing, McCallsburg, Kelley, Story County, Iowa State University Table of Contents Letter from the Director of Public Works Service Objectives and Highlights Materials, Revenues & Expenses Resource Recovery System Fiscal Report Resource Recovery System Annual Billing Population- Percentages-Charges Resource Recovery Plant Volumes Resource Recovery System Fee Schedule 59 Public Works Department 515.239.5160 main 515 Clark Ave. Administration 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org 60 Public Works Department 515.239.5160 main 515 Clark Ave. Administration 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org 61 Service Highlights & Objectives System Improvements Update • Resource Recovery Plant (RRP) staff works towards continuous improvements by implementing new and sustainable technologies within the facility and operations to maximize landfill diversion. These continuous improvements allow maximizing the recovery of RDF and reducing the amount of material going to the landfill while continuing to send the highest quality RDF to the Power Plant. Many improvements were completed by the highly trained and professional staff at RRP. Improvement examples include: • Replacing rollers along with chains, sprockets, and bearings on the secondary disc screen. The secondary disc screen utilizes seven rollers used to remove grit and unburna- ble material from the refuse derived fuel (RDF). • The C-1 steel apron infeed conveyor was rebuilt to extend the useful life of the conveyor. The heavy, long steel rails that the conveyor wheels ride on were replaced, the discharge chute and transition into the primary shredder were redesigned and fabricated, and addi- tional internal bracing and support was added. • The tipping floor scale building was replaced. The new building will allow RRP staff a cli- mate-controlled area to better serve the citizens and improve the working the conditions for the employees and data collection equipment. Program Updates • Participation in the Food Waste Diversion (FWD) has continued to dramatically increase. Since our pilot FWD program started in 2019, over 254,060 pounds have been composted. • Our waste oil collection efforts have allowed the waste oil to be turned into bituminous material for asphalt roads or refined to create new oil for consumer use. www.cityofames.org/resourcerecovery 62 Service Highlights & Objectives Program Updates, continued • A total of 449,536 pounds of Household Hazardous Materials have been diverted from the landfill and properly recycled and disposed of since collec- tion started in 1998. • The Great Pumpkin Disposal program has continued to increase in popu- larity and has been a fun way to collect pumpkins, gourds, and other vegeta- ble décor. Over 94,080 pounds of pumpkins have been used since 2017 to feed local farm animals, or to be composted. • Over 84,361 tons of ferrous and non-ferrous metal have been recycled from 1976-2023 rather than being landfilled. This is enough metal to manufacture the steel components needed to make approximately 11 -1/2 Eiffel Towers! • The City of Ames offers four no-charge yard waste days for residential drop off in the spring and fall. This past year 971 tons of yard and tree waste was collected and reused. • The glass recycling program set a record in 2023 with 261 tons recycled. The glass is processed into usable materials for remanufacturing new glass bottles, fiberglass insulation. • A total of 1,404 tons of tires were collected for recycling in 2022. The recycled materials are bro- ken down to make rubber mulch, rubberized flooring, and athletic surfaces. • Recycling options at Resource Recovery have been expanded to include drop off for mixed paper, corrugated cardboard, metals, plastic bottles with twist off lids, clothes/shoes, along with existing drop offs for food waste and glass are at the northeast corner of the building, at 420 E 2 nd Street. • City staff will implement a fee-based recycling program for TV and monitors starting in July of 2024. www.cityofames.org/resourcerecovery 63 Program Updates, continued • In alignment with City of Ames sustainability goals, Iowa State University has diverted 2,017 tons from the landfill with their programs for reducing, reusing, recycling, donating, and composting materials. • Resource Recovery continues to collaborate with ISU for the community to sponsor the spring cleanup event, Stash the Trash. • Partnered with Project Aware to process collected materials from river and stream clean-ups that are not suitable for recycling but can still be re- covered for refuse derived fuel. • The City Storm Water Management Team coordinated a clean-up of Ioway Creek, and non- recyclable material was processed at RRP (Resource Recovery Plant). • RRP Staff also collaborated with other City Department to promote Total City Perspective. Examples include: • When time allowed during snow events, coordinated with the Streets Department to plow and haul snow utilizing RRP equipment including the hybrid front -end loader, pickup with plow, hook truck, and 40-yard roll off boxes. • Worked with Parks and Recreation during the 2023 RAGBRAI event for placement of glass recycling bins and roll off boxes for trash at Brookside Park. • Hauled mulch for Parks and Recreation to be utilized at neighborhood park renovations. Service Highlights & Objectives www.cityofames.org/resourcerecovery 64 Service Highlights & Objectives Resource Recovery System Public Education and Outreach • Rummage RAMPage continues to be an amazing event for the community, sustainability efforts and landfill diversion. A total of 154,843 pounds were rehomed with only 7,480 pounds landfilled. Rummage RAMPage increased proceeds by more than $12,000 compared to the results from 2022 and diverted 11,005 more pounds (almost 6 tons) from the landfill. Over the seven years of the event more than 732,000 pounds of material diverted from the landfill and more than $215,000 raised for area non-profits. • Resource Recovery continues its ongoing mission to educate the public by giving tours of our facilities and operations. Tours are provided for individuals and large groups of all ages. Residents, students, engineering groups and many other communities from around the state, country, and world have visited the Resource Recovery Plant to see how we pro- cess materials that are not recycled into refuse derived fuel. For those that are unable to come to RRP, staff will go to the organizations and present at their meetings. • RRP, in partnership with Iowa Department of Natural Resource ’s Iowa Waste Exchange (IWE) pro- gram, kept more than 40,000 tons of material from the landfill in 2022 -23. RRP works with citizens, businesses, and other customers to connect them with IWE. IWE then assists clients in saving dis- posal and raw material costs through reducing, reusing, recycling, and renewing materials that those businesses no longer have a need for. • RRP hosted the 2023 Iowa Society of Solid Waste Operators 2023 spring conference, with over 100 solid waste industry and government leaders attending. During the conference, participants toured the Resource Recovery Plant, innovative plastic recycling at Iowa State University (ISU) (that RRP is working with), and ISU dining and compost facilities to observe how the dining centers are collecting organics to be composted at the ISU compost facility. www.cityofames.org/resourcerecovery 65 Service Highlights & Objectives Resource Recovery System Public Education and Outreach, continued • ISOSWO Legislative Committee – Bill Schmitt, RRP Superintendent, is currently serving on the Legislative Committee. The Legislative Committee works with legislators to develop laws that are realistic and achievable for the industry while upholding sound fiscal, social and environmental poli- cy towards solid waste management. • ISOSWO Safety Committee – Mark Peebler, RRP Assistant Superintendent, is currently serving on the Safety Committee. This committee engages the ISOSWO membership on new levels by serving as a resource for members to seek out safety and training information by collaboratively working with other solid waste operators and agencies throughout the state of Iowa, to increase the safety and well-being of employees and customers while collecting, processing, and disposing of solid waste and recycling materials. • RRP staff served on the planning committee that coordinated the inaugural ISOSWO Equipment ROAD-E-O in March. This event is to showcase individual skills of top truck drivers, equipment op- erators and mechanics who are vital to solid waste operations, demonstrating who are the best op- erators in the solid waste industry. • Ames Repair Café: The Ames Public Library, in conjunction with the Resource Recovery Plant, continues to help and support Repair Café with its mission of fixing and repairing items rather than throw- ing them into the landfill. www.cityofames.org/resourcerecovery 66 *R e f l e c t s t o n s t o B o o n e C o u n t y L a n d f i l l f r o m p l a n n e d a n d u n p l a n n e d s h u t d o w n s , a n d n o n -be n e f i c i a l M S W ** C l o s e d f o r o n e m o n t h f o r a i r k n i f e i n s t a l l a t i o n ** * C l o s e d f o r 6 w e e k s f o r p o w e r p l a n t u p g r a d e s ** * * P o w e r P l a n t o f f f o r r e p a i r s f o r 1 6 4 d a y s ** * * * P o w e r P l a n t o f f f o r r e p a i r s f o r 2 2 7 d a y s M A T E R I A L S , R E V E N U E S & E X P E N S E S RE S O U R C E R E C O V E R Y S Y S T E M Ye a r To t a l R e - fu s e ( T o n s ) *R e f u s e N o t Pr o c e s s e d (T o n s ) Re f u s e P r o - ce s s e d (T o n s ) % o f T o t a l Pr o c e s s e d Me t a l s (T o n s ) Gl a s s (T o n s ) RD F ( T o n s ) RD F ( % o f Pr o c e s s e d ) % T o t a l Di v e r t e d Re v e n u e Ex p e n s e 20 0 4 C Y 53 , 7 8 8 2, 7 6 2 51 , 0 2 6 95 % 2, 3 3 2 0 34 , 3 3 4 67 % 72 % $4 , 0 1 7 , 1 0 7 $3 , 4 6 2 , 7 9 4 20 0 5 C Y 54 , 4 9 3 1, 0 2 5 53 , 4 6 8 98 % 2, 2 5 0 0 32 , 6 2 1 61 % 65 % $4 , 2 8 5 , 1 1 0 $3 , 7 1 6 , 5 6 6 ** 2 0 0 6 C Y 55 , 5 0 0 4, 5 1 1 50 , 9 8 9 92 % 2, 2 2 9 54 30 , 1 8 0 59 % 64 % $4 , 2 5 0 , 3 3 7 $4 , 4 4 9 , 9 8 5 20 0 7 C Y 57 , 3 3 3 4, 5 1 3 52 , 8 2 0 92 % 2, 1 0 2 96 34 , 1 8 2 65 % 69 % $4 , 3 9 2 , 6 8 6 $4 , 5 3 1 , 6 6 3 20 0 8 C Y 57 , 4 7 0 4, 7 5 4 52 , 7 1 6 92 % 2, 0 6 8 11 5 36 , 0 6 0 68 % 73 % $4 , 6 3 2 , 4 9 3 $3 , 7 2 5 , 9 0 4 20 0 9 C Y 53 , 3 9 5 6, 7 4 8 46 , 6 4 7 87 % 1, 9 8 7 13 0 31 , 0 4 0 67 % 71 % $3 , 9 5 6 , 2 7 9 $5 , 5 0 7 , 0 4 5 20 1 0 C Y 58 , 7 5 6 1, 2 6 2 57 , 4 9 4 98 % 2, 3 4 7 12 9 37 , 8 6 5 66 % 70 % $4 , 9 3 7 , 0 1 8 $4 , 6 0 5 , 1 2 1 20 1 1 C Y 55 , 2 7 0 4, 6 5 9 50 , 6 1 1 92 % 2, 1 6 6 15 0 34 , 4 2 2 68 % 73 % $4 , 6 9 7 , 5 7 3 $3 , 7 2 9 , 2 4 8 20 1 2 C Y 53 , 1 0 6 3, 7 2 5 49 , 3 8 1 93 % 2, 1 7 7 14 5 32 , 3 2 9 65 % 70 % $4 , 6 4 1 , 7 0 4 $4 , 0 8 9 , 4 4 7 20 1 3 C Y 54 , 1 5 9 10 , 0 6 6 44 , 0 9 3 81 % 1, 8 7 3 17 1 28 , 2 6 2 64 % 69 % $4 , 0 6 2 , 0 1 0 $4 , 1 9 6 , 2 2 6 20 1 4 C Y 55 , 6 9 8 8, 2 0 4 47 , 4 9 4 85 % 2, 1 0 4 17 3 29 , 5 9 5 62 % 67 % $4 , 5 0 1 , 4 5 5 $4 , 5 5 5 , 9 7 4 ** * 2 0 1 5 C Y 54 , 3 9 4 6, 6 4 1 47 , 7 5 3 88 % 2, 2 0 1 17 7 25 , 1 9 4 53 % 58 % $4 , 2 0 5 , 5 2 9 $4 , 3 4 2 , 6 6 4 20 1 6 C Y 52 , 2 1 0 8, 9 5 3 43 , 2 5 7 83 % 1, 9 4 7 15 9 24 , 1 3 5 56 % 61 % $3 , 8 1 8 , 1 0 9 $4 , 0 8 6 , 3 7 8 20 1 7 C Y 51 , 2 5 4 7, 9 9 7 43 , 2 5 7 84 % 1, 8 0 4 13 1 21 , 0 0 5 49 % 53 % $3 , 6 5 0 , 0 6 3 $4 , 5 4 5 , 4 2 0 ** * * 2 0 1 8 C Y 52 , 8 6 3 19 , 0 8 7 33 , 6 6 9 64 % 1, 1 9 9 14 9 15 , 6 5 6 46 % 51 % $3 , 3 0 0 , 6 9 9 $4 , 3 8 3 , 8 7 8 ** * * * 2 0 1 9 C Y 53 , 6 8 4 32 , 0 3 0 21 , 5 5 4 40 % 75 9 19 1 12 , 4 7 5 58 % 62 % $3 , 2 8 9 , 0 7 1 $3 , 7 8 5 , 9 6 3 20 2 0 C Y 50 , 0 6 1 9, 6 2 2 40 , 1 6 2 80 % 1, 4 1 9 24 6 23 , 4 8 6 58 % 63 % $4 , 2 6 5 , 1 6 7 $4 , 1 2 0 , 3 9 9 20 2 1 FY 51 , 2 2 3 11 , 0 5 3 40 , 0 4 0 78 % 1, 3 0 7 25 6 23 , 5 9 8 59 % 63 % $4 , 5 1 4 , 2 0 3 $4 , 2 5 4 , 0 5 5 20 2 2 FY 52 , 5 6 1 9, 4 7 1 43 , 0 9 6 82 % 1, 4 5 9 25 0 27 , 9 7 9 65 % 69 % $4 , 7 1 8 , 2 1 1 $4 , 0 1 6 , 7 9 2 20 2 3 FY 52 , 3 7 7 7, 4 3 8 43 , 8 4 7 84 % 1, 4 1 4 26 1 28 , 6 2 2 65 % 69 % $4 , 8 9 8 , 5 9 5 $5 , 0 3 5 , 4 0 1 20 Y e a r s 1, 0 7 9 , 5 9 5 16 4 , 5 2 1 91 3 , 3 7 4 85 % 37 , 1 4 4 2, 9 8 2 56 3 , 0 4 0 62 % 66 % 85 , 0 3 3 , 4 1 9 85 , 1 4 0 , 9 2 4 67 Email: rrp@cityofames.org Web: www.cityofames.org/resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave Ames, Iowa 50010 68 Email: rrp@cityofames.org Web: www.cityofames.org/resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave Ames, Iowa 50010 CITY OF AMES, IOWA RESOURCE RECOVERY SYSTEM FUND For Fiscal Year 2023 REVENUES: Per Capita $ 912,738 Refuse Derived Fuel -Electric $ 909,300 Sale of Metals $ 148,379 Public Fees $ 97,123 Regular Customers $ 2,538,581 Other Governmental $ 6,991 I.S.U. Solid Waste Share $ 270,379 Interest Revenue $ 15,104 Damage Claims $ 4,898,595 EXPENSES: Operations $ 4,884,174 Debt Service $ 151,227 $ 5,035,401 Net Income/Expense $ (136,806) 69 Email: rrp@cityofames.org Web: www.cityofames.org/resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave Ames, Iowa 50010 70 Email: rrp@cityofames.org Web: www.cityofames.org/resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave Ames, Iowa 50010 CITY OF AMES, IOWA RESOURCE RECOVERY PLANT VOLUMES For Fiscal Year 2023 Generator 2023 TRIPS 2023 WEIGHT PERCENT OF TOTAL WEIGHT Non-Scale Refuse (Car line) 6,413 1,402 2.7% Commercial Haulers/ Contractors/Govt 8,671 40,591 77.5% Iowa State University 886 2,946 5.6% Directly to Boone 1,309 7,438 14.2% TOTALS 17,279 52,377 100.0% 71 Email: rrp@cityofames.org Web: www.cityofames.org/ resourcerecovery Phone: 515.239.5137 Address: 110 Center Ave 72 ITEM #:10 DATE:03-12-24 DEPT:ADMIN SUBJECT:2024/25 AMES ANNUAL OUTDOOR SCULPTURE EXHIBITION COUNCIL ACTION FORM BACKGROUND: The Ames Annual Outdoor Sculpture Exhibition (AAOSE), the longest running program for the Public Arts Commission (PAC), will celebrate its 27th annual downtown exhibition in 2024. Through this program, artists submit sculptural entries to be displayed in Downtown Ames from May 2024 through April 2025. At the conclusion of the display, sculptures are available for purchase by private individuals or by PAC through the Neighborhood Sculpture Program. This year, 48 AAOSE entries were received from 20 artists. The entries were evaluated by a jury of Ames residents who then made their recommendations to PAC. The jurors selected eight sculptures to be displayed. They also identified two alternates in case selected sculpture(s) would become unavailable. PAC approved the recommendations and alternates at the regular meeting on March 5, 2024. Attached are photographs of the sculptures recommended for the 2024-25 AAOSE. Installation of the exhibit will take place in April after further risk analysis by City staff. Artists will be paid a $2,000 honorarium for each selected sculpture, and a Best-in-Show award of $1,000 will be made to a winner determined by the public, for a total expenditure of $17,000. All expenses will be paid for through the PAC budget. Funding for the AAOSE exhibition was included in the 2023-24 City Budget for the Public Art Commission. ALTERNATIVES: 1. Authorize PAC to enter into agreements with artists for the exhibition of sculptures and make honorarium payments. 2. Do not approve the agreements. CITY MANAGER'S RECOMMENDED ACTION: This annual program allows for works of art to be displayed throughout the City. This program aligns with the City Council’s value of a fun, vibrant community that attracts and retains people. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): 2024-2025 AAOSE Selections.pdf 73 74 75 76 77 78 79 80 81 82 83 84 85 ITEM #:11 DATE:03-12-24 DEPT:ADMIN SUBJECT:EQUIPMENT PLACEMENT AGREEMENT WITH ISU FOR ARA WIRELESS BROADBAND RESEARCH PROJECT COUNCIL ACTION FORM BACKGROUND: In December 2019, the City Council approved a letter of support for a research proposal entitled: "AraNet: Wireless Living Lab for Smart and Connected Rural Communities." The project involves the development of an ultra-high reliability, ultra-low latency wireless communication network, which will be tested in the areas in and surrounding Ames and rural Story County. The project was successfully awarded a multi-million dollar grant from the National Science Foundation and U.S. Department of Agriculture. It is now in the process of being deployed, tested, and researched. In the initial planning stages of this project, ISU researchers proposed that part of the project would include opportunities to connect City infrastructure to the broadband system. The City would benefit from this arrangement by receiving internet connectivity for certain devices in the field; the researchers would benefit from having user experiences and information regarding the effectiveness of the technology. City staff has identified three opportunities where: 1) It would be useful to have internet-connected equipment, 2) The equipment to be connected is mobile or in remote locations where hard-wired networking would be costly or impossible, and 3) the equipment is not able to be remotely controlled using the connection provided by the ARA, thereby presenting a low security risk. The locations of equipment to be tested includes at the SAM water tower pump station, on two CyRide buses, and on the commander vehicle for the Ames Fire Department. The pump station will use the equipment to transmit video camera footage. The CyRide buses will potentially offer rider wifi or transmit onboard camera video. The Fire Commander vehicle will transmit monitoring data. No sensitive data will be transmitted over the ARA, nor will the ARA connection provide the ability to control the equipment remotely. An agreement has been prepared to facilitate the project (Attached). The agreement provides for the testing to occur through May 2026. The researchers will provide the devices and equipment to connect the City's infrastructure, while the City will be responsible for the costs of any electrical consumption (expected to be minimal). ALTERNATIVES: 1. Approve the attached Equipment Placement Agreement with Iowa State University for the ARA Research Project. 2. Do not approve the agreement. 86 3. Refer the agreement back to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: The ARA project is a significant research project at ISU. The project aims to study how rural and remote areas can be connected to reliable wireless broadband internet. The proposed agreement facilitates the use of City equipment to test and study the network, while also providing data connections to vehicles and equipment that would otherwise not normally be connected. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): ARA-Ames Equipment Placement Agreement.pdf 87 1 Iowa State University EQUIPMENT PLACEMENT AGREEMENT (ARA Research Project) This Equipment Placement Agreement (“Agreement”) is entered into on _________________, 2024, by the City Ames, Iowa (“Ames”), a municipal corporation organized and existing pursuant to the laws of the state of Iowa whose address for the purpose of this agreement is 515 Clark Ave. Ames, Iowa 50010, and Iowa State University of Science and Technology (“ISU”), whose address for the purpose of this Agreement is 1350 Beardshear Hall, Ames, Iowa 50011. BACKGROUND A. Ames and ISU have an interest in exploring ways to improve rural broadband access by driving research, education, and innovation in rural broadband. B. ISU has a desire to install, operate,and observe User Equipment (“UE”) installed at various sites located on Ames owned property. Ames is willing to permit ISU to install, operate and observe the UE in accordance with the terms and conditions below. TERMS AND CONDITIONS 1. TERM. This Agreement shall commence on __________, 2024, and expire on May 31, 2026, unless sooner terminated as described in this Agreement. Ames and ISU may mutually agree to extend the term of this Agreement in writing. 2. PROPERTY DESCRIPTION; USE OF PROPERTY BY ISU. During the term of this Agreement, Ames grants to ISU access to the property and designated areas within described in Attachment A (“Property”) for the purpose of installing, operating, and observing a UE as further described in Attachment A (“Equipment”) on the Ames Property UE Locations. Ames warrants that Ames owns the Property or has the rights necessary to grant use to ISU as provided herein. 3. LIAISONS. Each party shall designate in Attachment A a person to serve as a liaison with the other party. 4. EQUIPMENT INSTALLATION AND USE. ISU shall be responsible for procuring the Equipment. ISU and/or its contractor will install the Equipment on the Property, subject to receiving prior approval by Ames of the equipment and contractor selected to perform the work.. The specific location of the Equipment on the Property and the date and time of install shall be mutually agreed upon by the parties. ISU DOES NOT MAKE ANY WARRANTIES REGARDING THE EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ames will allow the installed Equipment to be connected to the electrical services available within the Property and Ames will not bill ISU for electricity used, provided, however, that ISU shall pay the costs of any modifications to Ames’ Property that are necessary to allow the Equipment to be connected to electricity Ames shall not remove the Equipment from the Property or alter the Equipment in any way without the prior written consent of ISU. 5. FEE. ISU may use the Property for the purposes set forth in this Agreement at no charge. 6. ACCESS. Ames will allow ISU and/or its contractors to enter the Property, with prior approval from Ames staff, as necessary to access designated areas where the Equipment is located for the purposes of installing, operating, maintaining, repairing, and removing the Equipment. Ames and ISU shall mutually agree on date(s) and time(s) of ISU access to Property. 7. MAINTENANCE OF THE EQUIPMENT AND PROPERTY. ISU shall, at its expense, maintain and keep in good repair the Equipment during the term of the Agreement. ISU shall make no structural alterations 88 2 or improvements to the Property other than those stated in this Agreement. Ames shall be responsible for maintaining the Property that the parties agree may be utilized by ISU to install and access the Equipment. 8. REMOVAL OF EQUIPMENT. Unless the parties agree otherwise, upon termination or expiration of this Agreement, ISU and/or its contractor will remove the Equipment from the Property. ISU and/or its contractor shall be responsible for repairing any damage to the Property caused by such removal. If ISU or its contractor fails to remove the Equipment from the Property within 60 days following the termination or expiration of this agreement and if this agreement is not renewed, ISU agrees that Ames may remove the Equipment and shall bill ISU the actual costs of removal and restoration of the Property 9. DATA. ISU may access and monitor data generated by the Equipment remotely during the term of this Agreement, provided that the access or monitoring of data does not cause interference with Ames’ equipment or operations. In the event interference with Ames’ equipment or operations occurs, ISU shall make attempts to analyze the cause and cure such interference. If interference persists following 30 days of ISU receiving notice to cure, Ames may terminate this Agreement . Ames grants ISU permission to use data generated by the Equipment placed on Ames’ Property during the term of this Agreement provided the data is anonymized and used for solely for the purposes of teaching, research, or education. 10.INSURANCE. Ames and ISU shall each keep its respective property interests in the Property and the Equipment and their liability with respect to them reasonably insured against hazards and casualties. Both parties recognize that ISU, as any agency of the State of Iowa, is self-insured. Each party hereby releases the other from claims for recovery for any loss or damage to any property owned by either party that is insured under valid and collective insurance policies to the extent of any recovery collectible under such insurance. It is further agreed that the waiver shall apply only when permitted by the applicable policy of insurance or state law. 11. LIABILITY (a) Ames assumes responsibility and shall pay for all property losses or damage or personal injuries arising out of Ames’ breach of this Agreement or the negligent or wrongful act or omission of Ames or its/their employees or agents to the extent permitted by law. (b) ISU assumes responsibility and shall pay for all property losses or damages or personal injuries arising out of ISU’s breach of this Agreement or the negligent or wrongful act or omission of ISU or its employees or agents to the extent permitted by law. 12. TERMINATION OF THE AGREEMENT. This Agreement shall terminate upon expiration of the term unless earlier terminated. ISU may terminate this Agreement by giving Ames at least 60 days prior written notice. Either party may terminate this Agreement if the other party fails to cure a material breach within 30 days of receiving written notice of such breach from the non-breaching party. 13. FORCE MAJEURE. If a party’s ability to perform an obligation of the Agreement is delayed for a reason beyond the reasonable control of the party (“Force Majeure Event”), then the time for performance as specified in this Agreement shall be appropriately extended by the time of the delay actually caused by such circumstances. The party claiming a Force Majeure Event shall promptly notify the other party in writing of the Force Majeure Event causing such delay. 14. NOTICE. Notices as provided for in this Agreement shall be given to the respective parties at the respective addresses designated on page one of this Agreement unless either party notifies the other, in writing, of a different address. Such notice shall be considered given under the terms of this Agreement when sent, addressed as above designated, by personal delivery or by U.S. Mail, Federal Express, United Parcel Service or similar reputable carrier. 15. MISCELLANEOUS. This Agreement (including Attachment A) constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, whether written, oral, or implied. This Agreement shall not be modified without the written mutual consent of the parties. The failure of either party to require performance of any term or condition 89 3 of this Agreement by the other party shall not constitute a waiver to subsequently enforce such term or condition. The invalidity or illegality of one or more provisions of this Agreement shall not affect the enforceability of the remaining provisions. The parties’ rights and obligations in this Agreement that, by their nature, would continue beyond the termination of this Agreement shall survive such termination. ISU and Ames are independent contractors, and nothing in this Agreement creates any partnership or joint venture. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, which shall not be unreasonably withheld. This Agreement shall be construed in accordance with the laws of the State of Iowa, without giving effect to its conflicts of law provisions, and any litigation or actions commenced in connection with this Agreement shall be instituted in a court of competent jurisdiction in the State of Iowa. 16. AUTHORITY; COUNTERPARTS. Each of the individuals executing this Agreement on behalf of Ames or ISU represents to the other party that such individual is authorized to do so by requisite action of the party to this Agreement. This Agreement may be executed in any number of counterparts and delivered by electronic transmission in portable document format (PDF). The parties also consent (if applicable) to the use of electronic signatures in connection with the signing of this Agreement. The parties agree the electronic signatures shall be legally binding with the same force and effect as manually executed signatures if they are made using a technology designed for electronic signatures (e.g., DocuSign, Adobe Sign). Iowa State University of Science For the City of Ames, Iowa and Technology By: By: _________________________________ _______________________________ Heather Paris, John A. Haila, Interim Vice President for Operations and Finance Mayor By: _________________________________ Dr. Hongwei Zhang, Professor, Electrical and Computer Engineering 90 4 ATTACHMENT A DESCRIPTION OF EQUIPMENT AND LOCATION ON PROPERTY; LIAISONS Description of Equipment: For purposes of this Agreement, User Equipment (UE) means electronic devices such as radios, antennas, switches, and/or computers etc. placed by ISU on the Property that are or may be continuously or intermittently connected to the ARA Base Stations (BSes) administered by ISU. Ames Property UE Locations: Currently installed and proposed: • SAM Water Tower Pump Station • CyRide Bus (2) • Ames Fire Department Fire Commander Vehicle ISU may propose, via addenda to this agreement, additional sites to be considered for apporval by Ames. Liasions: For ISU: Name: Mohammed Soliman Email: msoliman@iastate.edu Phone: (515) 916-4655 For Ames: Name: Brian Phillips Email: brian.phillips@cityofames.org Phone: 515-239-5101 For Water and Pollution Control Department John Dunn john.dunn@cityofames.org 515-239-5150 For Cyride Barb Neal barb.neal@cyride.com 515-239-5565 For Fire Department Rich Higgins Rich.higgins@cityofames.org 515-239-5414 91 ITEM #:12 DATE:03-12-24 DEPT:PW SUBJECT:2024/25 ARTERIAL STREET PAVEMENT IMPROVEMENTS (HYLAND AVE) COUNCIL ACTION FORM BACKGROUND: Staff initiated a Request for Proposals process for professional services for the 2024/25 Arterial Street Pavement Improvement program. These services will provide the City with the review of the existing pavement conditions, design and development of plans and specifications for Hyland Ave. from Lincoln Way to Ontario St. This project will include sections of full reconstruction and sections of rehabilitation. Proposals for this work were received from seven engineering firms on February 2, 2024. The proposals were evaluated on their qualifications according to the following criteria: Project Understanding, Design Team/Key Personnel, Previous Experience, Project Approach, Responsiveness, Ability to perform work, Proposed project design/letting schedule, and Estimated Contract Cost for engineering services. The evaluation scores are as follows: Firm Qualifications Based Score Qualifications Based Rank Fee Final Rank WHKS 83.8 1 $142,200 1 Strand 83.3 2 $181,500 2 MSA 82.0 3 $122,000*3 CDA 78.0 4 $135,000 4 Kirkham Michael 77.5 5 $137,700 5 SEH 72.0 6 $147,050 6 Niles 69.3 7 $177,350 7 *Cost did not include geotechnical services where other bids did include that required service. After weighing the qualifications and estimated fees for these firms, staff has negotiated a contract with WHKS of Ames, Iowa. WHKS scored highest based on qualifications. Staff is confident that a contract with WHKS will provide the best value for professional services considering the firms qualifications. A summary of revenues and projected expenses is shown below: Funding Source Revenue Expenses 2024/25 Arterial St GO Bonds $ 472,500 2024/25 Arterial St STGB Funds $1,890,000 WHKS Engineering $ 142,200 Construction Est $1,900,000 Administration $ 250,000 TOTAL $2,362,500 $2,292,200 92 ALTERNATIVES: 1. Approve the professional services agreement for the 2024/25 Arterial Street Pavement Improvement project with WHKS & Co. of Ames, Iowa, in the amount not to exceed $142,200. 2. Direct staff to negotiate an engineering agreement with another consulting firm. CITY MANAGER'S RECOMMENDED ACTION: Based on staff ’s evaluation using the above criteria, WHKS & Co. will provide the best value to the City for professional services for the 2024/25 Arterial Street Pavement Improvement project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Hyland Ave Project Location Map.pdf Hyland Ave PSA.pdf 93 2024/25 Arterial Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection LINCOLN WAY ROSS RD WEST ST ONTARIO ST PAMMEL DR OSBORN DR OAKLAND ST WOODLAND ST ST A N G E R D WA L L A C E R D BI S S E L L R D CA M P U S A V E FR A N K L I N A V E SH E L D O N A V E MO R R I L L R D GA R F I E L D A V E WO I R D BEYER CT STORY ST FA R M H O U S E L N IO W A A V E ELLIS ST SC O T T A V E WANDA DALEY DR ANNEAR ST WE L C H R D MA R S H A L L A V E MO R R I L L R D ¯Project Location Hyland Ave: Lincoln Way to Ontario St. 94 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, by and between City of Ames hereinafter referred to as the "Client" and WHKS & Co., hereinafter referred to as "WHKS", is made as follows: WHEREAS, the Client has a need for certain professional services relating to the project described as 2024/25 Arterial Pavement Improvements – Hyland Avenue. WHEREAS, WHKS proposes to furnish the professional services required by the Client for said project, NOW THEREFORE, the Client hereby agrees to retain and compensate WHKS to perform the professional services in accordance with the terms and conditions of this Agreement and the attached Standard Terms and Conditions. Scope of Services WHKS shall perform the following described services for the Client: Design phase engineering services as described on the attached Scope of Services included in Exhibit A. Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed Hourly with a Not-to-Exceed Fee of $142,200 including Expenses. External expenses include an administrative charge of 10 percent. Executed this day of March, 2024 City of Ames WHKS & CO. By: By: Printed Name: Printed Name: Derek J. Thomas, PE Title: Title: Vice President 95 Exhibit A to Professional Services Agreement A. Project Description The Project consists of a combination of pavement rehabilitation and reconstruction on Hyland Avenue from Lincoln Way to Ontario Street. A pavement analysis, including geotechnical evaluation, will be performed to determine final extents and types of rehabilitation versus full depth reconstruction. This scope and fee, from a preliminary evaluation, is based on full depth reconstruction from Pammel Drive to Ontario Street; and full depth patching and crack sealing from Lincoln Way to Pammel Drive. WHKS will perform base topographic survey, evaluate rehabilitation/patching techniques, evaluate project phasing, prepare plans and specifications (including ADA compliant pedestrian ramps), prepare for and hold one public informational meeting or record a public informational video, coordinate with the adjacent property owners and ROW users, and attend a pre-construction meeting. The project will be let through the Iowa DOT and the City of Ames will lead the pre-construction meeting. B. Scope of Services Provided Under This Agreement: 1. Project Management and Meetings • Perform general project administrative duties including supervision and coordination of the project team, review of project costs and billings, prepare invoices using Consultant's standard forms, preparation of status reports, and general administrative activities. • Hold kick-off meeting with Client to discuss the project and review the scope. • Advise the Client of the necessity of obtaining Special Engineering Services as described in Paragraph C, and act as the Client’s representative in connection with any such services not actually performed by WHKS. • Attend up to two (2) client meetings for the project. • Attend one (1) public informational meeting or participate in recording of one (1) public informational video produced by Client. • Attend pre-construction meeting. 2. Topographic Survey and Research of Existing Conditions • Perform site topographical surveys to support new facilities, exclusive of boundary surveys for land and easement acquisition. • Develop project control and base map for the project. • Locate the existing underground utilities as located by the Iowa One Call locate system. • Collect, obtain and review relevant information from the Client. 96 3. Preliminary and Final Design • Prepare preliminary and final plans and specifications to show the character and scope of work to be performed by contractors on the Project. Plans will follow Iowa DOT standards. • Geotechnical Engineering services will be performed by a subcontractor to WHKS under this contract. Geotechnical services to include soil borings and geotechnical evaluation. • Prepare opinion of probable construction cost on completed plans and specifications. • Furnish signed copies of the plans, specifications, and other contract documents as required to the Client. • Answer contractor’s questions during the bidding phase. • Prepare addendums to the contract documents prior to bid letting, if necessary. • A Storm Water Pollution Prevention Plan (SWPPP) will be prepared. C. Special Engineering Services: Special Engineering Services are those services not listed above, but which may be required or advisable to accomplish the Project. Special Engineering Services shall be performed when authorized by the Client for additional fees, to be determined at the time authorized. Special Engineering Services include: 1. Land surveying and platting 2. Easement research, plats or descriptions 3. Negotiation for easements or land acquisition 4. Special assessment assistance 5. Quality control testing and construction materials testing 6. Permits other than those identified above 7. Funding assistance, including grant and/or loan applications 8. Wetland Delineations or mitigation plans 9. Floodplain and hydraulic/hydrologic modeling 10. Water and/or sanitary sewer rate studies 11. Geotechnical design/recommendations 12. Cultural resource survey or other studies or documentation that may be required by regulatory agencies that are not specifically listed in the scope of services 13. National Environmental Policy Act (NEPA) compliance, including historical and archeological investigations 14. Structural evaluation and/or design 15. Attendance at additional meetings (other than those listed above) 16. Construction phase engineering services, including construction administration, staking, construction observation, preparation of record drawings and project close-out services 97 ITEM #:13 DATE:03-12-24 DEPT:PW SUBJECT:SIGNALIZED INTERSECTION TRAFFIC DETECTION SYSTEM PURCHASE COUNCIL ACTION FORM BACKGROUND: At its April 14, 2020 meeting, City Council approved single source purchases for GRIDSMART video detection systems from General Traffic Controls of Spencer, Iowa. The GRIDSMART system consists of a single 360-degree traffic camera that provides real time data on the vehicles such as volume, turning movements, traffic counts, and length-based classifications. GRIDSMART was selected after an evaluation process involving four separate video detection systems. Through that initial Council approval and subsequent approvals, multiple GRIDSMART systems have been purchased. In 2023, the GRIDSMART processor was updated to a new model. Upon the release of the new processor, staff became aware of multiple surrounding agencies that were having operational issues with the new system. Around the same timeframe, City staff received one new processor system and began having similar issues. At that time no new systems were purchased and staff is currently working with GRIDSMART to deploy firmware updates to the malfunctioning system at which point the system will be monitored for longevity and reliability of the update. While staff continued to watch for updates and solutions to the issues that were occurring, a re- evaluation of market alternatives to the GRIDSMART detection systems was initiated. Staff evaluated detection systems from three additional brands, including demonstration units where available: NoTraffic Video/Radar Detection System, Iteris Vantage Next Detection System, and Miovision TrafficLink Detection System. The systems were evaluated on the following criteria: ease of installation, compatibility with existing traffic signal components, user interface for data management, and cost. This evaluation led to staff selecting "NoTraffic Video/Radar Detection Systems" as the highest evaluated system at the lowest cost. For reference, an intersection can currently be fitted with a NoTraffic Video/Radar Detection System for $25,853, whereas the current Gridsmart cost for most larger intersections is $28,727. Below is a table of detection systems that are needed through FY 2024/25: Fiscal Year CIP Program / Budget Location Cost 2022/23 CyRide Route Pavement Improvements Lincoln Way & Beedle / Marshall (2 Units)$52,000 2023/24 US Highway 69 Improvements 4 Intersections along US HWY 69 (4 Units) $103,412 - 50% DOT Reimbursement After Project 2023/24 Traffic System Capacity Improvements Airport Road & Sam's Club / Danfoss $26,000 98 2024/25 Traffic System Capacity Improvements 13th & Grand $26,000 2024/25 Traffic Operating Budget Traffic Inventory $26,000 Total $233,412 NoTraffic operates through local dealers based on territory. As a result, General Traffic Controls of Spencer, Iowa is the only vendor in Iowa that can provide the product, which necessitates a single source purchase. City policies require that a single source purchase in this amount be approved by the City Council. Each system will be charged to the appropriate project with funding approved in each respective CIP program. It should be emphasized that all previous purchases of past GRIDSMART models are operating as desired (problems were occurring with only the newest model) and the new NoTraffic equipment is compatible with the previous GRIDSMART installations. ALTERNATIVES: 1. Approve the purchases of NoTraffic Video/Radar Detection Systems from General Traffic Controls, Spencer, Iowa in an amount not to exceed $233,412 as a single source provider. 2. Do not approve the purchase of traffic detection systems. CITY MANAGER'S RECOMMENDED ACTION: Staff has reviewed available options, selected the system best suited to the City's traffic signal network needs while providing the City the best value. Funding for these units has already been approved through the annual budget process. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 99 ITEM #:14 DATE:03-12-24 DEPT:FLEET SUBJECT:FLEET REPLACEMENT PROGRAM - TWO TRUCK CHASSIS WITH CREW CAB COUNCIL ACTION FORM BACKGROUND: The City’s Fire Department has two response rescue trucks used to support the Fire Department during most emergencies. These two trucks are equipped with tactical equipment not carried on other fire trucks. The Ames Fire Department staff has evaluated the use of these two trucks. Their evaluation determined the new trucks should be smaller than the department’s existing response trucks and capable of off-road terrain. This change will reduce the cost of the response rescue trucks significantly and provide a broader range of response capabilities for the community. These essential trucks are scheduled for replacement in the 2023/24 fiscal year. The new replacement trucks are to be equipped with four-wheel-drive, dual rear wheels, and a service body designed to provide easy access to critical tools and equipment. Specifications for the solicitation of bids are currently being developed for the service bodies, emergency lighting, graphics, and accessories for these two new chassis. Bids for two truck chassis were received on February 9, 2024, as follows: BIDDER MAKE MODEL YEAR TOTAL FOR 2 CHASIS Stiver's Ford of Waukee, IA Ford F350 2024 $ 105,996.00 Deery Brothers of Ames, IA RAM 3500 2024 $ 111,828.00 Replacing the current response rescue trucks to the F350 Ford trucks aligns with the Council's goal of reducing carbon emissions. The Ford trucks will have gas engines while the previous rescue units were diesel engines. Gallon-for-gallon, gasoline has 11% less carbon than diesel (the EPA typically uses this average to calculate emissions). The current rescue units were also of the age that they did not have emission standards as the current diesel engines require. Upon evaluation, the bid from Stivers Ford of Waukee for the two Ford F350 chassis at $52,998.00 each is acceptable and meets the City’s required specifications. The delivery of these two chassis is expected in July 2024. Purchase price for two Ford F350 chassis from Stivers Ford $ 105,996.00 Estimate for two utility bodies, emergency lighting, and accessories 90,000.00 Estimated Total for Two Completed Emergency Response Truck $ 195,996.00 Funding is available for this purchase as follows: Replacement Funds at time of delivery $ 379,115.00 Salvage value of equipment being replaced 20,000.00 Available funding $ 399,115.00 100 ALTERNATIVES: 1. Award a contract to Stivers Ford of Waukee as the acceptable low bidder for the purchase of two 2024 Ford F350 chassis in the amount of $105,996. 2. Award the contract to the other bidder. 3. Reject these bids. CITY MANAGER'S RECOMMENDED ACTION: The Ames Fire Department staff and the Fleet Services Director have thoroughly evaluated this bid and agree that purchasing the two Ford F350 chassis will meet the needs of the department. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 101 ITEM #:15 DATE:03-12-24 DEPT:Fleet SUBJECT:NEW OFFICE FURNITURE FOR VARIOUS CITY DEPARTMENTS COUNCIL ACTION FORM BACKGROUND: Several areas in City workspaces are in need of new furniture. To take advantage of pricing, the needs were combined for project bidding. The workspaces to be impacted include Human Resources, Traffic, Finance and the City Hall lobby. Human Resources is reconfiguring the front desk area and adding new office furniture. Traffic is adding new office furniture for the Traffic Supervisor at the Maintenance Facility. Finance is adding new furniture in areas created by the remodel that was completed and converting several desks to sit-stand desks. New chairs are being purchased to replace benches in the City Hall lobby areas. On February 29, 2024 bids were received as follows: Bidder Furniture and Installation Cost Workspace, Inc. (Iowa Office Interiors)$65,554.93 All Makes $67,596.71 Funding for the project consists of $8,500 from the Traffic Operations budget for the Traffic Supervisor's office. The other areas will be covered with the City Hall Space Needs budget, which currently has a balance of $217,000. Remaining funds will be used for remodeling and furniture needs for the multi-purpose room conversion and other projects in City Hall as needed. ALTERNATIVES: 1. Award a contract to Workspace, Inc. (Iowa Office Interiors), of Ames, Iowa in the amount of $65,554.93 for New Office Furniture for Various City Departments. 2. Award a contract to the other bidder. 3. Reject these bids. CITY MANAGER'S RECOMMENDED ACTION: Purchasing new furniture will create better working conditions in several areas of the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 102 ITEM #:16 DATE:03-12-24 DEPT:P&R SUBJECT:AWARD OF CONTRACT FOR THE RIGHT OF WAY TREE TRIMMING AND REMOVAL PROGRAM FOR FY 2024/25 COUNCIL ACTION FORM BACKGROUND: The Parks and Recreation Department requires various tree trimming, removal, and stump grinding to be completed annually by a contractor in the right of way. The current fiscal year is the final option year of the five-year contract with Pitts Lawn and Tree Service, Huxley, Iowa. Specifications were sent out for bid and were due on February 29. That table below is a summary of the bids based on 1,500 crew member hours and 3,300 inches of stump grinding for FY 2024/25. Bidders: Bid Amount Per Crew Member Per Hour For Tree Trimming and Removal* Estimated Tree Trimming and Removal Cost for FY 2024/25 Stump Grinding Cost Per Inch of Stump Diameter: Estimated Stump Grinding Cost for FY 2024/25 Total Cost for FY 2024/25 Ames Story Tree and Lawn, Ames, Iowa $46.00 $69,000 $2.85 $9,405 $78,405 Pitts Lawn and Tree Service, Huxley, Iowa $52.00 $78,000 $2.50 $8,250 $86,250 Family Tree Care LLC., Windsor Heights, Iowa $70.00 $105,000 $6.50 $21,450 $126,450 Xtreme Tree Inc., De Soto, Iowa $170.00 $255,000 $6.00 $19,800 $274,800 D and E Outside Services, Ames, Iowa $275.00 $412,500 $10.00 $33,000 $445,500 Shawnee Mission Tree Service Inc., dba Arbor Masters, Shawnee, Kansas $315.00 $472,500 $7.00 $23,100 $495,600 Looks Great Services of MS, Inc., Columbia, Mississippi $252.00 $378,000 $140.00**N/A N/A *Crew consists of 3 people **$140 cost per hour of stump grinding When the combined estimated total costs for tree trimming, removal, and stump grinding are added together, Ames Story Tree and Lawn, Ames, Iowa, submitted the low bid. This contract also includes four optional renewal periods ending in FY 2028/29 with an added annual increase of three percent to the Crew Hour and Stump Grinding Per Inch cost. Staff is recommending the contract amount to not exceed $85,000. The FY 2024/25 budget includes $115,000 for this work. 103 ALTERNATIVES: 1. Award a contract for the Right of Way Tree Trimming and Removal Program for FY 2024/25 to Ames Story Tree and Lawn, Ames, Iowa, in an amount not to exceed $85,000. 2. Accept the report of bids and refer back to staff. 3. Award the contract for Right-of-Way Tree Trimming and Removal Program to one of the other bidders. 4. Reject all bids and attempt to purchase tree trimming and removal on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: The approved FY 2024/25 operating budget for the Parks and Recreation Department includes $115,000 for tree trimming and removal. The cost of this contract is to not exceed $85,000. The City has hired Ames Story Tree and Lawn over the last few years to complete various tree trimming and removal tasks. They have shown that they are capable of completing those tasks efficiently with their qualified staff. Therefore, staff does not have any concerns with them not being able to fulfill the contract. Therefore, is the recommendation of the City Manager that the City Council approve Alternative No. 1. 104 ITEM #:17 DATE:03-12-24 DEPT:P&R SUBJECT:COMMUNITY CENTER WEIGHT ROOM STRENGTH EQUIPMENT COUNCIL ACTION FORM BACKGROUND: A Request for Proposals (RFP) was issued on January 22, 2024, for new strength equipment for the Community Center Weight Room. The RFP outlined a total of 16 strength equipment pieces to replace the current 20 plus year old equipment. No free weights or cardio equipment were specified within the RFP as those items are scheduled for replacement within the Parks and Recreation operating budget. The new equipment will provide the same functions and modalities as the current equipment, and is planned to be installed in August during the annual maintenance closure of the Community Center. The invitation to bid closed on February 14, 2024, with four vendors submitting proposals. City staff then evaluated the proposals in accordance to the following criteria. Meets Community Center weight room and user needs (function, scope, spatial) Durability and construction of the equipment Vendor service plan (response time, in-state representative) Delivery timeline Trade-in options for replaced equipment Total cost Each proposal response total is shown in the table below, and details equipment costs, deduction for trade-in equipment, and overall project savings that will be realized with the project. A total of $85,000 is available for this project. Vendor Evaluation Rank Equipment Cost*Trade-In Response Total Project Saving As Compared To Budget Life Fitness, LLC 1 $67,232.62 ($2,000.00)$65,232.62 $19,767.38 2nd Wind Exercise Equipment 2 $51,582.00 ($1,700.00)$49,882.00 $35,118.00 Fitness Superstore, Inc 3 $38,500.50 N/A $38,500.50 $46,499.50 BSN Sports, LLC 4 $49,869.69 N/A $49,869.69 $35,130.31 *Equipment costs include freight and installation. Upon evaluation, Life Fitness, LLC scored the highest as their equipment best matched the needs of the Community Center and it's users, and staff is familiar with their service plan. 2nd Wind Exercise Equipment specified equipment that will take up a larger footprint which causes spatial concerns within the Community Center Weight Room. It was determined that Fitness Superstore, 105 Inc. and BSN Sports, LLC equipment did not meet the needs of the Community Center, as they did not provide adequate service plans, and did not have an option for equipment trade-in. ALTERNATIVES: 1. Award a contract to Life Fitness, LLC, to supply new strength equipment for the Community Center Weight Room Project in the amount of $65,232.62. 2. Reject all bids for the Community Center Weight Room Project. 3. Refer back to staff. CITY MANAGER'S RECOMMENDED ACTION: The Community Center is open seven days a week to serve the public, personal training clients, and fitness classes. The goal of this project is to ensure the facility has the proper strength equipment to meet the needs of its clientele and provide commercial grade, long-lasting equipment. Although the Life Fitness, LLC proposal is the highest cost, staff believes that their proposal best matches the needs of the Community Center and it's users, along with the fact that staff is familiar with their service plan. Staff is confident Life Fitness, LLC will provide quality equipment at a cost less than the budgeted amount. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1. 106 ITEM #:18 DATE:03-12-24 DEPT:PW SUBJECT:2023/24 SHARED USE PATH SYSTEM EXPANSION COUNCIL ACTION FORM BACKGROUND: This program provides for construction of shared use paths on street rights-of-way, adjacent to streets, and through greenbelts. The Metropolitan Transportation Plan (MTP) identifies those paths that separate bicycle traffic from higher-speed automobile traffic. This project involves the extension of a shared use path along E. Lincoln Way from Carnegie Avenue to the SW corner of Dayton Avenue to eliminate the need for bicyclists and pedestrians to use the existing frontage road. Staff has been working with Bolton & Menk of Ames, Iowa to develop plans and specifications for the project with a total estimated construction cost of $306,813.50. The table below shows the revenues and expenses for this project: Expenses Amount Revenues Amount Design $24,050.00 Construction (est)$306,813.50 Administration $35,000.00 Local Option Sales Tax $300,000 Savings from 2020/21 Shared Use Path - Vet Med Trail $ 75,000 Totals $365,863.50 $375,000 ALTERNATIVES: 1. Approve plans and specifications for the 2023/24 Shared Use Path System Expansion and establish April 17, 2024 as the date of letting and April 23, 2024 as the date for the report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: This project will provide a key connection to the shared use path network in this part of the City. Approval of the plans and specifications will continue to keep this project on pace for 2024 construction. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): SUP (E. Lincoln Way).pdf 107 108 ITEM #:19 DATE:03-12-24 DEPT:ELEC SUBJECT:RDF STORAGE BIN REPAIR - CHANGE ORDER NO. 1 COUNCIL ACTION FORM BACKGROUND: The City’s Resource Recovery Plant (RRP) converts municipal solid waste (MSW) into refuse derived fuel (RDF). The RDF is then conveyed to the RDF Storage Bin, which provides buffer and storage capacity until the RDF can be metered into the Power Plant boilers for combustion. The existing RDF Storage Bin has been in service since 1996. The bin was primarily constructed of COR-TEN steel, a weathering steel designed to initially rust and build up an oxide layer that then prevents further rusting of the steel from occurring. The use of COR-TEN steel to construct the RDF Storage Bin has proven to be problematic in places where the COR-TEN steel is in regular or constant contact with the RDF. Constant contact with the RDF removes the oxide layer meant to protect the steel underneath, causing the exposed steel to rust anew. This cycle, repeated over and over, eventually removes enough steel that portions of the bin need to be repaired or replaced. The RDF Storage Bin has reached the point that the containment’s confining wall panels and roof panels need to be replaced, and certain structural steel supports need to be repaired or replaced. On April 11, 2023, City Council awarded a contract to Neumann Brothers Inc. of Des Moines, IA, in the amount of $1,428,000 for the RDF Storage Bin Repair Project. Since awarding the contract, Neumann Brothers has completed the repairs for the West side of the bin and is currently working on the East side. Each side has a distribution box that is located at the top. It is in the distribution box where the RDF is injected into the bin. Because the RDF is transported pneumatically, the air used to convey the RDF must be vented outside. This venting happens at each of the distribution boxes. In order to save costs, plant staff, along with a local shop, was planning to replace these distribution boxes and vents after Neumann Brothers completed their work. Once the boxes were deconstructed and more details were received from other vendors regarding materials and fabrication, plant staff found the replacement project of these items to be a much larger project than anticipated. Because Neumann Brothers has performed well with the bin repairs thus far and they are well versed with working within the bin, they were asked to provide a proposal to perform the additional work. Change Order No. 1, in the amount of $180,028.59, is being requested to have Neumann Brothers remove the old distribution boxes and vents, and source materials, fabricate, and install two (2) new distribution boxes and four (4) exhaust vents. Neumann Brothers' original construction bid was significantly less than the budget for the RDF Bin Repair Project. A portion of the savings has already been reallocated to other projects, but a balance of $663,480 remains, which can be used to pay for this change order. 109 ALTERNATIVES: 1. Approve Change Order No. 1 in the amount of $180,028.59 to Neumann Brothers Inc., of Des Moines, IA, bringing the total contract total to $1,608,028.59 (inclusive of sales tax). 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: The distribution boxes and exhaust vents have degraded over time with exposure to RDF. The equipment needs to be replaced. Staff was originally planning to complete this work in-house, but upon further evaluation, it would require more resources than anticipated. Neumann Brothers is capable of completing the work at a reasonable cost. Having a well experienced contractor perform this replacement will ensure safe and proper repair. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 110 ITEM #:20 DATE:03-12-24 DEPT:PW SUBJECT:2021/22 SHARED USE PATH SYSTEM EXPANSION - IOWAY CREEK COUNCIL ACTION FORM BACKGROUND: This program provides for the construction of shared-use paths on street rights-of-way, adjacent to streets, and through greenbelts. The Long-Range Transportation Plan (LRTP) identifies those paths that separate bicycle traffic from higher-speed automobile traffic. This project was to construct a shared use path along Ioway Creek from S. 5th Street to 0.5 miles east of S. Duff Ave , as shown in the attachment. On February 28, 2023, City Council awarded the project to Caliber Concrete, LLC of Adair, Iowa in the amount of $967,665.92. Two change orders were approved in the cumulative deduct amount of ($24,032.98) to reflect finished measured quantities, bringing the total construction cost to $943,632.94. The revenues and expenses for this project are as follows: Revenue Expenses Local Option Sales Tax $521,800 AAMPO TAP Funds (80% of construction, up to $728,000)$728,000 Construction $943,632.94 Design $78,200.00 Administration $100,000.00 Totals $1,249,800 $1,121,832.94 ALTERNATIVES: 1. Accept the 2021/22 Shared Use Path System Expansion - Ioway Creek project as completed by Caliber Concrete, LLC of Adair, Iowa in the amount of $943,632.94. 2. Direct staff to pursue modifications to the project. CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications, providing an important new trail system extension and connection. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Ioway Creek SUP Network Map.pdf Certification Letter 2021-22 Shared Use Path System Expansion - Ioway Creek.pdf 111 ACCESS TO SPORTS COMPLEX BAY DR COVE D R WAVE DR FINCH ST ROBIN ST SHORE DR ORIOLE ST SANDCASTLE DR CARDINAL RD CREEKSIDE DR S DUFF AVE SE 16TH ST S GRAND AVE S 16TH ST E LINCOLN WAY S 4TH ST S 5TH ST S 3RD ST FREEL DR S 17TH ST S 2ND ST S MAPLE AVE S WALNUT AVE SE 5TH ST SE 3RD ST Access to city wells S OAK AVE BUCKEYE AVE SE 2ND ST LINCOLN WAY S SHERMAN AVE GOLDEN ASPEN DR CHERRY AVE S BORNE AVE N 1 inch = 1,000 feet 2021/22 Shared Use Path (Ioway Creek) Project Location Future Shared Use Path Connections Existing O ff-Street Bike Facility Existing O n-Street Bike Facility 112 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org March 7, 2024 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 Dear Mayor and Council Members: I hereby certify the 2021/22 Shared Use Path System Expansion (Ioway Creek) project was completed in an acceptable manner by Caliber Concrete, LLC of Adair, Iowa, in the amount of $943,632.94 and was inspected by the Public Works Department of the City of Ames, Iowa. Sincerely, John C. Joiner, P.E. Public Works Director JCJ/lbc cc: City Clerk, Finance, Contractor, Administrative Services, Project File 113 ITEM #:21 DATE:03-12-24 DEPT:ELEC SUBJECT:COOLING TOWER BLOWDOWN SPRAY MODIFICATION - PROJECT COMPLETION COUNCIL ACTION FORM BACKGROUND: As part of the power generation process, the Power Plant uses water cooling towers to dissipate heat. Periodically the water must be discharged from the cooling tower as mineral concentrations increase due to evaporation (a process called “blowdown”). This project installed pipe which directs the Power Plant’s cooling tower blowdown into the City’s sanitary sewer system. On August 9, 2022, City Council awarded the contract to Keller Excavating Inc., of Boone, Iowa, in the amount of $354,894.20, inclusive of sales tax. There was one zero dollar change order to modify the alignment of the pipe and add a new manhole structure. A ll the requirements of the contract have been met by Keller Excavating Inc. and the Engineer has provided a certificate of completion. The retainage can now be released. The approved FY 2021/22 CIP budget has a current balance of $397,166 available for the project. ALTERNATIVES: 1. Accept the Cooling Tower Blowdown Spray Modification project as completed by Keller Excavating Inc, Boone, IA, in the amount of $354,894.20 (inclusive of sales tax) and release retainage. 2. Delay the completion of the project and hold the retainage. CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Engineer statement of completion cooling tower.pdf 114 115 ITEM #:22 DATE:03-12-24 DEPT:ELEC SUBJECT:COMBUSTION TURBINE FUEL OIL PIPE INSTALLATION - PROJECT COMPLETION COUNCIL ACTION FORM BACKGROUND: The City’s Electric Utility operates two combustion turbines (CT1 & CT2). These units, located at the Dayton Avenue Substation, burn fuel oil to rotate a generator and produce electricity. In 2010, the underground fuel line from the fuel oil pump house to CT1 failed, causing fuel oil to leak underground. The underground fuel oil line from the fuel oil storage tank to the pump house is similar age to the line that leaked in 2010 and is the last remaining underground piping that is original to the unit. This project consists of installation of double-walled carbon steel piping to replace the remaining, original, underground fuel oil piping. On February 14, 2023, City Council awarded the contract to Modern Companies Inc., of Cedar Rapids, Iowa, in the amount of $391,700, inclusive of sales tax. There were two change orders: Change Order No. 1 in the amount of $46,056.43 was for unforeseen work to secure labor and services to help identify the source of oil contamination that was found while performing excavation under the original scope. The change order was to pay for the digging and removal of contaminated materials. Change Order No. 2 in the amount of $35,000 was for additional work to secure labor and services to continue to help identify where oil contamination was coming from and to pay for the digging and removal of contaminated materials. A separate contractor was responsible for the proper disposal of the contaminated material. The original scope of replacing the underground fuel oil line from the fuel oil storage tank to the pump house is now complete. The source of the contamination was found to be a pinhole leak in the fuel oil supply line coming from the pump house going to CT2. The entire supply line was replaced with a more rugged material and the contaminated soil and ground water were removed and disposed of according to state requirements. No contamination outside the property line was ever detected. The Iowa Department of Natural Resources was notified when the contamination was found and was included throughout the investigation and cleanup efforts. All the requirements of the contract have been met by Modern Companies Inc. and the Engineer has provided a certificate of completion. Staff would now like to close the project and release retainage. The total of the contract and the two change orders is $472,756.43. The approved FY 2020/21 Fuel Oil Piping Installation Capital Improvements Plan project included $150,000 for this project. Because of the priority for this project to be completed, the funds from two other Capital Improvements Plan projects were used to cover the shortfall: savings from the FY 2022/23 Unit 7 Main Steam Line Insulation Replacement and savings from the FY 2021/22 Unit 8 Turbine/Generator Overhaul. The funds available from savings in these projects were $210,000 and $68,055 respectively, providing a 116 total of $428,055 for the project. The additional funding of $44,701.43 for funding the two change orders was from the 2023/24 Power Plant Operation and Maintenance budget. ALTERNATIVES: 1. Accept Combustion Turbine Fuel Oil Pipe Installation project as completed by Modern Companies Inc., Cedar Rapids, IA, in the amount of $472,756.43, and release retainage. 2. Delay the completion of the project. CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Acceptance of Completion Letter_SIGNED.pdf 117 118 ITEM #:23 DATE:03-12-24 DEPT:P&H SUBJECT:COMPLETION OF AMES COMMUNITY PRE-SCHOOL (ACPC) INFANT ROOM REMODEL IN CONNECTION WITH CARES ROUND 2 (COVID-19) FUNDING COUNCIL ACTION FORM BACKGROUND: On March 14, 2023, the City Council awarded GTG Construction, LLC of Des Moines, IA, a contract in the amount of $94,600 (inclusive of Iowa sales tax) to assist the Ames Community Preschool Center (ACPC) with remodeling an existing room into an infant daycare space. The major scope of the remodel included demolition, installation of windows, doors, flooring, painting, kitchen cabinets, sink, countertops, and lighting. There were three change orders to the GTG Constructions, LLC contract, which is detailed below: Change Order #1: On May 4, 2023, the additional installation of 3 4x8 Fiberglass Reinforced Plastic (FRP) Wall panels (including labor) in the amount of $471.00. Change Order #2: On May 18, 2023, the additional installation of an Ice Maker Box for the refrigerator icemaker in the amount of $999.08. Change Order #3: On May 18, 2023, additional painting work for the block walls in the amount of $375.38. The total contract amount, including the above three change orders, is $96,445.46. All the requirements of the contract have been met by GTG Construction, LLC, and the Engineer has provided a certificate of completion. Funding for the remodeling of a room into an infant daycare space for ACPC is 100% funded through the City’s 2020 CARES (CDBG-CV) Grant provided through the Iowa Economic Development Authority (IEDA). ALTERNATIVES: 1. Accept completion of the contract with GTG Construction, LLC of Des Moines, IA, for the Infant Room Remodeling Project for ACPC in the amount of $96,445.46 and release the 5% retainage being held per the contract terms and conditions. 2. Delay acceptance of this project . CITY MANAGER'S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 119 ITEM #:24 DEPT:ADMIN March 12, 2024 Staff Report CYTOWN DEVELOPMENT BACKGROUND: The Iowa State Center was the vision of ISU President James Hilton to create a one-of-kind educational, cultural, and athletic complex that would serve the university, city, and region. The original four main buildings consist of C.Y. Stephens Auditorium, Fisher Theater, Hilton Coliseum, and the Scheman Building. Stephens Auditorium was the first building completed in 1969, with the Scheman Building being the final building completed in 1975. The initial capital cost related to the construction of the four original buildings along with the other site improvements was reported to have totaled $19,200,000. Construction was financed through donations, with no state funding being contributed to the project. Clifford Stephens, a dairy entrepreneur for whom Stephens Auditorium was named, offered the lead donation for the project. Stephens’ widow stated at the building dedication: “within the walls of C.Y. Stephens Auditorium, countless persons will experience a newborn appreciation for the performing arts in the decades to come.” Upon completion, the complex was considered the premier performing arts, meeting, and sports venue in Iowa. Broadway touring companies, international symphony orchestras, and notable headliners performed at the Iowa State Center facilities. These performances assured not only an excellent quality of life for the citizens of Ames, but also attracted hundreds of thousands of visitors to the City, bolstering the local economy and generating associated sales and hotel/motel tax revenues. This reputation endured for many years. In recent decades, however, competition grew as other major cities throughout the state constructed more modern event spaces. These venues have lured away many conferences, performances, and events from the Iowa State Center. FINANCING THE IOWA STATE CENTER HAS BECOME A CHALLENGE: Like similar convention and visitor complexes throughout the country, the Iowa State Center requires annual subsidies from the University to cover the operating costs. ISU officials have explained that before the transfer of the oversight of Iowa State Center to the ISU Athletics Department, the annual subsidy had grown to approximately $800,000. More problematic is the need for over $110 million in renovations among the four main buildings. ISU officials have indicated that these renovations include $37 million in deferred maintenance and over $72 million for upgrades to meet current building code standards. Despite their best efforts to fundraise for these needed improvements, ISU has found that there is not sufficient interest on the part of private donors to contribute funding of this magnitude towards these types of projects. 120 CYTOWN’S CONNECTION TO IOWA STATE CENTER: ISU began exploring the feasibility of a multi-use arts, culture, and community district in 2019, with the intent to develop the underutilized parking lots between Jack Trice Stadium and the Iowa State Center. This exploration resulted in the development concept called CYTown, which is planned to contain a medical facility, retail and office space, an outdoor plaza and amphitheater, and residential units. In preparation for the construction of these facilities, ISU began installing utilities and parking areas in February 2023. Similar models for the CYTown concept include TitleTown in Green Bay, Wisconsin, and the Power and Light District in Kansas City, Missouri. These developments have demonstrated ways in which cultural attractions, entertainment, and retail uses can be successfully combined in a single complex in proximity to competition athletic facilities. Although one objective of the CYTown development would be the creation of this new, vibrant community attraction, there is a more important goal for this development which sets it apart from other examples. CYTown provides an innovative strategy to finance the needed improvements for the original four buildings at the Iowa State Center. Through the leases with tenants, ISU will create a revenue stream that can be used to pay the debt needed to fund improvements at the Iowa State Center, thereby rejuvenating those original facilities and safeguarding an invaluable arts and cultural center for the Ames community. WHY THE CITY SHOULD FACILITATE IOWA STATE CENTER IMPROVEMENTS: City staff has held numerous discussions with ISU staff over the past several years to explore how the development concept would work. There is agreement between the City staff and ISU administration regarding the wisdom of taking advantage of the CYTown development to generate revenue to address the capital improvement needs identified for the original four buildings at the Iowa State Center. It is City staff's belief that the Iowa State Center buildings are an asset to the entire Ames community, towards which no City investment has been previously made. It supports the City Council's value for Ames to be a fun, vibrant, and healthy community that attracts and retains people. However, although there is agreement about the merits of investing in these facilities, there is disagreement regarding the issues of 1) the University having to pay property taxes for the improvements constructed in CYTown and 2) the ability of this university development to compete with the private sector. The University staff focuses on a section of the Iowa Code that declares property owned by the state to be exempt from local property taxes. On the other hand, City staff relies on a different section of the Iowa Code that imposes restrictions on the University’s ability to compete with the private sector. COMPROMISE REACHED: Over the years the relationship between the City of Ames and Iowa State University has served as a role model for town/gown relationships with countless partnerships that benefit both entities. A protracted dispute with respect to the issues of taxability and competition would be detrimental to the parties’ relationship and could delay or altogether thwart the renovation and improvement of the Iowa State Center facilities. 121 In order to avoid such a dispute, the administrative staff from the City and Iowa State University have designed a creative agreement that calls for a Payment In Lieu Of Taxes (PILOT) which will allow the improvements to move ahead without delay, generates revenue to finance the needed capital improvements for the four original buildings, and sets aside any differences of opinion that may exist about the issues of competition and taxation. A separate agreement addresses infrastructure and services for the development. It should be noted that although City staff has reached an understanding with ISU regarding these issues as they relate to CYTown, the question of taxability is one that is determined by the City Assessor and the Iowa Department of Revenue. It should be emphasized that both of those authorities are independent of the City of Ames. In addition, although the City would set aside its concerns regarding competition with private enterprise, these agreements do not prevent other entities from raising the same concern. Further, this unique arrangement applies only to the CYTown development. It does not imply the City’s approval or cooperation with any future land developments ISU might undertake at other locations. TWO AGREEMENTS: Two agreements are necessary to garner the City staff ’s support for the CYTown development. The first agreement is a Memorandum of Understanding (MOU) that outlines the financial arrangements and the manner in which funds will be collected and re-invested into the Iowa State Center facilities. The second agreement describes the City’s involvement in the construction of the improvements, the provision of utilities, traffic control, and the interaction of other City/ISU services in this new development. The following is a summary of the major provisions of the two agreements. 1) MEMORANDUM OF UNDERSTANDING FOR THE CYTOWN DEVELOPMENT AREA: CYTown Development Area – Article IV – Page 4 The proposed contract covers an area south of Lincoln Way, north of Jack Trice Way, west of University Boulevard, and east of Beach Avenue. Phased Development - Article IV C. – Page 5 The MOU contemplates CYTown being developed in two phases, with Phase I being generally the southern half of the proposed buildings, and Phase II being any facility not included in Phase I. (See the Phasing Plan map attached to the CYTown MOU) Payment In Lieu of Taxes - Article VII – Pages 6 to 11 The City Assessor will determine the value of each of the new buildings in the CYTown area in the same manner as typical commercial properties. ISU will determine the amount of land that will be assigned to each building and will furnish the value of that land to the City. Each June, the City will prepare a statement for each building that outlines the amount of payment in lieu of tax (PILOT) to be collected in the next fiscal year. 122 The PILOT will be based on the consolidated tax levy for the Ames community. The portion of the PILOT that is equivalent to the City’s tax collection for the building is considered “MOU PILOT.” The rest of the PILOT is considered “Remainder PILOT.” These two amounts are accounted for separately and are used for different purposes. The Alumni Center building, the four original buildings at the Iowa State Center, and any future research, academic, or administrative building serving solely ISU are excluded from the appraisal and payment of the payment in lieu of taxes requirements. The Remainder PILOT can be used for operational expenses of CYTown (e.g., repayment of infrastructure debt, construction of the new buildings, common area maintenance and construction, and developer rebates). The Phase I MOU PILOT revenues and Phase II MOU PILOT revenues will be deposited in a CYTown Development Area Capital Improvements Fund administered by the University. For the revenues collection for each phase: In years 1 to 19, 100% of the MOU PILOT revenues will be deposited into the CYTown Capital Improvements Fund. In years 20 to 24, 25% of the MOU PILOT will be remitted to the City to be used for any purpose. In years 25 to 29, 50% of the MOU PILOT will be remitted to the City to be used for any purpose. In years 30 and thereafter, 75% of the MOU PILOT will be remitted to the City to be used for any purpose. The City may decline any or all of the MOU PILOT remittance it is entitled to, if it desires to leave the funding in the Capital Improvements Fund for further improvements to the Iowa State Center facilities. Any surplus operating revenues from rents, donations, etc., generated for CYTown that exceed the CYTown operating expenses (plus a reasonable reserve) must also be deposited by ISU into the Capital Improvements Fund. All monies deposited in the CYTown Development Area Capital Improvements Fund must be used exclusively to fund enhancements or renovations to: C.Y. Stephens Auditorium, The Scheman Building, Fisher Theater, Hilton Coliseum (only for building envelope improvements—limited to roof, windows, doors, and mechanical systems—or seating), and Construction of new flat space or convention space, not including a hotel, only after there are no further enhancements or renovations that are planned or needed for the four original buildings. Monies from the CYTown Development Area Capital Improvements Fund are not to be used to cover operational expenses. It is important to emphasize that this agreement only pertains to the City PILOT. The agreement suggests that ISU may create similar agreements with the other taxing entities (i.e., Story County 123 and the Ames Community School District), to dedicate portions of the Remainder PILOT to specific purposes on behalf of those taxing authorities. However, those agreements would have to be negotiated separately by ISU. The City’s agreement with ISU indicates that if those entities were able to achieve a "better" deal with ISU (e.g., longer term, earlier access to cash, or a different formula for calculating PILOT), then the City could unilaterally amend this agreement to adopt the same term(s). Article XII - Page 14 CYTown Advisory Committee - Article VI – Page 6 In order to assure that the funds deposited in and expended from the Capital Improvements Fund are in accordance with the agreement, a three-person advisory committee comprised of an ISU President designee, the ISU Research Park President, and the Ames City Manager will be created to provide input to the ISU President regarding the overall development, review the financial statements of the development area, and make recommendations for the scheduling of improvements. ISU Responsibilities – Article IX – Page 13 The parties agree that all facilities within the CYTown Development Area are under the administration, management, governance, and control of Iowa State University. As such, the development is not subject to the City’s Zoning Ordinance, Building Codes, Noise Ordinance, Rental Code, etc. The CYTown Development Area is subject to the City standards and adopted codes for those city utilities (water, sanitary sewer, and electric) that are located in the Area. Termination – XVI – Page 15 The MOU will remain in effect for 35 years from the date the first building in Phase II is occupied, unless: 1) terminated by mutual consent of the parties, or 2) terminated by ISU if there is a final determination by a taxing authority that property taxes are owed. After termination, any funds remaining in the Capital Improvements Fund must be used in accordance with the requirements previously mentioned until the fund is exhausted. 2) CONSTRUCTION, UTILITIES, TRAFFIC, AND RELATED SERVICES M.O.U.: The second CYTown agreement relates to the infrastructure and public services that are to be furnished for CYTown. The buildings within CYTown will be constructed according to the state-adopted codes and inspected by the State Fire Marshal, rather than the City. This is the manner in which other University buildings are constructed. However, ISU will consult with the Fire Department regarding building plans to identify any issues that may hinder emergency response. (Article X - Page 9) Water, sanitary sewer, and electrical services will be provided by the City to the facilities constructed in CYTown in a similar manner to a commercial subdivision. Each building will be individually metered for these services. (Articles V, VI, VII - Pages 3-8) 124 ISU is responsible for the installation of mains, hydrants, valves, manholes, and other aspects of these systems. City staff has reviewed the plans and has inspected the infrastructure as it is installed. Once complete, the City will take ownership of the mains and responsibility for maintenance, and ISU will retain responsibility for maintaining service lines, just like any other commercial development. Because CYTown buildings will not be inspected under a City plumbing permit, each service connection must contain a backflow protection device. This is a standard term for service in Ames Municipal Code for any facility that receives Ames water where no City plumbing permit has been obtained. (Article V - Page 4) If a tenant has the potential to discharge fats, oils, or grease (e.g., a restaurant use), or high- strength wastewater, the City must be provided advance notification, and the customer may be required to install grease interceptors or meet other City-directed requirements. (Article 6 - Page 5) ISU is given the option to request that any existing facility within the CYTown Development Area be connected to City water, sanitary sewer, or electric service if desired in the future. Existing facilities include: Hilton Coliseum, the Scheman Building, Fisher Theater, C.Y. Stephens Auditorium, and the Alumni Center, all of which are currently connected to ISU’s utilities systems. If the City agrees to connect any of these facilities as a retail customer in the future, the terms for connection outlined in the agreement would apply to that facility as well. The utilities customers within CYTown will be exempt from City storm water fees. ISU currently has its own Municipal Separate Storm Sewer System (MS4) permit. Since the stormwater management for CYTown involves no discharge of stormwater through the City’s stormwater system, ISU will manage the stormwater up to the point where it is discharged into Ioway Creek. Because of this, ISU will not be required to obtain a City stormwater permit for the development with CYTown. (Article VIII - Page 8) ISU is required to apply to the City for a Flood Plain Development Permit prior to any excavation, filling, construction, or remodeling within the Special Flood Hazard Area. (Article IX - Page 9) Traffic Improvements: (Article XI - pages 9-13) ISU retained an engineering firm in 2020 to complete a traffic study for the proposed improvements. This study concludes that several infrastructure improvements, as described below, will be necessary as CYTown develops. The agreement with ISU identifies triggering conditions to complete those improvements and the subsequent ownership and management of the improvements. A traffic signal and related intersection improvements are proposed at Center Drive and University Boulevard (a T-intersection). This signal will be installed by ISU and then dedicated to the City. ISU will be responsible for one-third of future replacement costs; the City will be responsible for two-thirds. These improvements would be triggered when the first four buildings of CYTown are occupied. A traffic signal and related intersection improvements are proposed at Beach Avenue and Jack Trice Way. This signal will be installed by ISU and then dedicated to the City. ISU 125 will be responsible for one-quarter of future replacement costs; the City will be responsible for three-quarters. These improvements would be triggered when a hotel is constructed and occupied, or when the first two buildings in Phase II of CYTown are occupied, whichever is earlier. The intersection of Beach Avenue, Center Drive, and Greeley Street is to be realigned at ISU’s expense at the same time the Beach Avenue and Jack Trice Way signal is required. Any of the three intersection improvement projects described above can be deferred if the Traffic Engineer finds a reason not to require it, including if there is a revised traffic study that indicates the development did not generate the traffic initially anticipated. Traffic calming measures may be necessary in the Country Club neighborhood west of Beach Avenue. Therefore, when Phase I of CYTown is complete, the Traffic Engineer is to conduct a study to determine if those measures are warranted. If determined to be necessary by the City, ISU is to reimburse the City for any costs to install the traffic calming measures. A process is in place for ISU to discuss the proposed measures with the City and suggest alternatives if desired. ISU will grant easements that are in a form acceptable to the City for the infrastructure the City will be accepting (water mains, sewer mains, and electric lines) at no cost. In addition, ISU is to grant easements for electric lines to cross its property in areas outside of CYTown that are necessary to provide reliable electrical service to the site. (Article XII- Page 13). Several of these easements have already been completed and approved by the City Council (February 27, 2024 City Council meeting). However, additional easements need to be completed to satisfy this provision of the agreement. The agreement confirms that law enforcement services and fire protection services within the CYTown area are to be administered under the two existing agreements between ISU and the City for those services. In accordance with those agreements, ISU will provide the primary law enforcement responsibility for the area, and the City will provide fire protection services for the area. (Articles XIV and XV - Page 14) This agreement does not contain an expiration date. OPTIONS: 1. In order for the City Council and the public to have sufficient time to review the two documents, direct the staff to bring back for approval both proposed agreements at an upcoming April Council meeting. 2. Direct staff to negotiate other terms for one or both proposed agreements. 3. Decide not to enter into the two proposed agreements if the City Council does not want to commit the payments in lieu of tax solely to finance improvements at the Iowa State Center. 4. Decide not to enter into the two proposed agreements if the City Council wants to first resolve the disagreement between the parties regarding the property tax exemption and competition issues. 126 STAFF COMMENTS: Competition from other venues will make it impossible for the Iowa State Center to restore its prominence as a regional draw for the performing arts and conventions. However, it is possible to creatively finance needed improvements to these facilities through the proposed agreements. These improvements are necessary to assure an adequate performing arts venue that, while owned by Iowa State University, will continue to enhance the quality of life for the entire Ames community. It should be emphasized that staff is reporting a joint recommendation from the City Manager and the Iowa State University administration for the two attached agreements. The ultimate approval of this unique arrangement will require approval of the agreements by both the City Council and the Board of Regents. Realizing that this is the first time the City Council and public have been introduced to the issues addressed in the attached agreements, City staff is not asking for approval of the documents at this time. In addition, it should be noted that there still remains one issue dealing with the required easements on the CYTown property that needs to be resolved. Therefore, the approval of the two agreements is being delayed until an upcoming Council meeting in April. This should allow staff time to resolve the last remaining issue and allow time for the public to understand what is being recommended. ATTACHMENT(S): CYTOWN CONSTRUCTION UTILITIES TRAFFIC ETC MOU - Mar 2024.docx MOU CYTOWN.docx 127 v.3.6.2024 Page 1 of 17 CYTOWN DEVELOPMENT AREA CONSTRUCTION, UTILITIES, TRAFFIC, AND RELATED SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN IOWA STATE UNIVERSITY AND THE CITY OF AMES, IOWA This Construction, Utilities, Traffic, And Related Services Memorandum of Understanding (Development MOU or Agreement), made and entered into this ___ day of _____________, 2024 (“Effective Date”), by and between the CITY OF AMES, IOWA (“City”), a municipal corporation existing pursuant to the laws of the State of Iowa, and IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY (“Iowa State University” or “ISU”). WITNESSETH THAT: WHEREAS, Iowa State University is the owner of property located between Lincoln Way and Jack Trice Way and South University Boulevard to Beach Avenue (“CYTown Development Area”); WHEREAS, it is the mutual desire of Iowa State University and the City to realize the development of CYTown, a multi-use district which may contain uses including retail, office, residential, medical, entertainment, event space, hotel, research, academic, administrative, and other similar activities and related supporting infrastructure; WHEREAS, the development of CYTown will facilitate investments in the existing Iowa State Center buildings to create a premier performing arts, visitor, events, and entertainment area; WHEREAS, the City and Iowa State University have entered into a separate memorandum of understanding to address the financing of the improvements to the Iowa State Center facilities executed by the parties on __________________; and, WHEREAS, the construction and management of the public services related to the CYTown Development Area requires coordination between the City and Iowa State University with regard to utilities, traffic, public safety, permitting, and other related matters; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: 128 v.3.6.2024 Page 2 of 17 I.INCORPORATION OF RECITALS: 1. The foregoing Recitals are incorporated herein as if fully set forth in this paragraph. II.PURPOSE: 1. It is the purpose of this Agreement to set forth the mutual understanding of the Parties regarding: a. Design, installation, ownership, operation, and maintenance of utility improvements necessary to serve the CYTown Development Area, including: i.Water, ii.Sanitary Sewer, iii.Electrical Service, and iv.Storm Sewer; b. Design, installation, ownership, operation, and maintenance of traffic improvements necessary to serve the CYTown Development Area; c. Standards and permitting requirements for storm water management and flood plain development in the CYTown Development Area; and d. Law enforcement and fire protection services in the CYTown Development Area. III.DEFINITIONS: As used in this Agreement, the following terms have the meanings outlined below: 1.End User –Each Tenant and each entity responsible for the use and costs of water, sanitary sewer, and/or electric utility services provided by the City within the CYTown Development Area. ISU is considered an End User for any utilities used for common areas within the CYTown Development Area (e.g., parking lot lights, irrigation water connections, etc.). 2.Tenant –Any person or entity holding possession of a designated portion of the CYTown Development Area, whether by lease agreement or assignment of responsibility by ISU to one of its organizational sub-units. Tenants include, but are not limited to, commercial space lessees, occupants of each CYTown Suite, and University offices. 129 v.3.6.2024 Page 3 of 17 IV.GEOGRAPHIC AREA: 1. The CYTown Development Area is depicted on Attachment 1 to this Agreement. V.WATER SYSTEM IMPROVEMENTS 1. New buildings or other uses of potable water constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s public water supply service in accordance with the procedures of this Section (Section V). 2. The water mains, fire hydrants, valves, and other appurtenant devices necessary to provide the City’s public water supply service to the new buildings or other uses of potable water within the CYTown Development Area shall be considered “water system improvements.” 3. ISU shall prepare plans and specifications in accordance with standards adopted by the City for water system improvements to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications of the water system improvements from the City’s Municipal Engineer prior to installation. 4. ISU shall install the water system improvements in accordance with the plans and specifications approved by the City. 5. The installation of water system improvements is to be inspected by the City’s construction inspection staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. 6. Upon certification of acceptance and completion of the water system improvements, ownership of the water system improvements shall pass to the City, and the City shall thereafter be responsible for operation and maintenance of the water system improvements, including costs. 7. Service lines extending from the water mains (including the corporation cock, service line, curb cock and curb box, and shut-off valves for the meter setting) to facilities within the CYTown Development Area shall be the responsibility of ISU to install and maintain. ISU agrees to maintain its service lines in a state of good repair as required in Ames Municipal Code Section 28.214. 8. All connections of service lines to water mains shall be completed in accordance with normal City standards and adopted codes for commercial water service line 130 v.3.6.2024 Page 4 of 17 connections. ISU shall notify the City in advance of the connection of service lines to water mains. ISU understands and agrees that the City’s Cross-Connection Control ordinance (Section 28.209B of Ames Municipal Code) requires that any service connection where no City plumbing permit is obtained (reference Section X of this Agreement) must include an approved backflow protection device at the service entrance. 9. End Users of the City’s public water supply system shall have water meters installed in accordance with the City’s normal standards and adopted codes, and the costs for meters shall be paid by ISU. 10. Each meter shall be assigned to a customer account in accordance with the City’s standards as adopted in Municipal Code for water service, and shall be subject to the City’s adopted rates for consumption and other charges in the same manner as the City’s other retail water customers. 11. Buildings or other uses of potable water existing within the CYTown Development Area as of the Effective Date of this Agreement are to remain on the water supply service provided by ISU. However, ISU may request that any such existing building or other use of potable water be transferred to the City’s public water supply service. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section (Section V), including the requirements for the transfer of ownership to the City for water mains and other water system infrastructure. 12. ISU and the City acknowledge that: ISU has installed certain water system improvements in the CYTown Development Area as of the Effective Date of this Agreement; that the City’s construction inspection staff has inspected the improvements and issued a certification of acceptance and completion; and ownership of the improvements has passed to the City. The location of the improvements is set forth in a Water and Sanitary Sewer Utility Easement Agreement executed by ISU and City and dated February 29, 2024. VI.SANITARY SEWER SYSTEM IMPROVEMENTS 1. New buildings or other uses of potable water constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s sanitary sewer collection system in accordance with the procedures of this Section (Section VI). 131 v.3.6.2024 Page 5 of 17 2. The sanitary sewer mains, manholes, and other appurtenant devices necessary to provide sanitary sewer collection for the new buildings and other uses of potable water shall be considered “sanitary sewer system improvements.” 3. ISU shall prepare plans and specifications in accordance with standards adopted by the City for sanitary sewer system improvements to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications of the sanitary sewer system improvements from the City’s Municipal Engineer prior to installation. 4. ISU shall install the sanitary sewer system improvements in accordance with the plans and specifications approved by the City. 5. The installation of sanitary sewer system improvements is to be inspected by the City’s construction inspection staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. 6. Upon certification of acceptance and completion of the sanitary sewer system improvements, ownership of the sanitary sewer system improvements shall pass to the City, and the City shall thereafter be responsible for operation and maintenance of the sanitary sewer system improvements, including costs. 7. Service lines extending from the facilities to the sanitary sewer mains within the CYTown Development Area, including the connection to the sewer main, shall be the responsibility of ISU to install and maintain. ISU agrees to maintain its service lines in a state of good repair as required in Ames Municipal Code Section 28.305(A). 8. All connections of service lines to sanitary sewer mains shall be completed in accordance with normal City standards and adopted codes for commercial sanitary sewer service line connections. ISU shall notify the City in advance of the connection of service lines to sanitary sewer mains. 9. Each customer account for water consumption as described in Section V(10) of this Agreement shall be subject to the City’s adopted rates for sanitary sewer discharge and other charges in the same manner as the City’s other retail sanitary sewer customers. 10. In advance of ISU granting any tenant occupancy of any portion of the CYTown Development Area, ISU shall notify the City of Ames Water and Pollution Control Department if that tenant has the potential to discharge wastewater that is not similar to domestic sewage (e.g., restaurant users, etc.). Such tenant may be required to install grease interceptors or other pre-treatment equipment meeting the design, sizing, and 132 v.3.6.2024 Page 6 of 17 performance specifications provided by the City, as a pre-requisite to obtaining water and sanitary sewer service. 11. Depending on the customer type and their particular sewer discharges, the individual customer accounts described in Sections V(10) and VI(9) of this Agreement may be subject to the provisions in Ames Municipal Code related to the discharge of fats, oils and grease (FOG) or high-strength waste, and/or the industrial pre-treatment program. ISU shall be responsible for the installation, ownership, and maintenance of any grease interceptors or other pre-treatment equipment necessary to comply with the sanitary sewer discharge regulations of Ames Municipal Code. 12. Buildings or other uses of potable water existing within the CYTown Development Area as of the Effective Date of this Agreement which discharge into ISU’s sanitary sewer collection system are to remain on the sanitary sewer collection system provided by ISU. However, ISU may request that any such existing building or other use of potable water that discharges into ISU’s sanitary sewer collection system be transferred to the City’s sanitary sewer collection system. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section (Section VI), including the requirements for the transfer of ownership to the City for sanitary sewer mains and other sanitary sewer system infrastructure. 13. ISU and the City acknowledge that: ISU has installed certain sanitary sewer system improvements in the CYTown Development Area as of the Effective Date of this Agreement; that the City’s construction inspection staff has inspected the improvements and issued a certification of acceptance and completion; and ownership of the improvements has passed to the City. The location of the improvements is set forth in a Water and Sanitary Sewer Utility Easement Agreement executed by ISU and City and dated February 29, 2024. VII.ELECTRIC SYSTEM IMPROVEMENTS 1. New buildings or other uses of electric power constructed in the CYTown Development Area after the Effective Date of this Agreement are to be provided with a connection to the City’s Electric Utility in accordance with the procedures of this Section (Section VII) and applicable policies and procedures of Ames Municipal Code. 2. The electrical duct bank, transformer pads, and other appurtenant features necessary to provide electrical service for the new buildings and other uses of electric power shall be considered “electrical system improvements.” 133 v.3.6.2024 Page 7 of 17 3. ISU shall prepare plans and specifications in accordance with standards adopted by the City for the electrical system improvements [to be furnished by ISU, as described in Paragraph VII(2)], and the electrical distribution cable and transformers [to be furnished by Ames, as described in Paragraph VII(6)] to be installed within the CYTown Development Area. ISU shall obtain approval for the plans and specifications from the City’s Electric Services Department engineering staff prior to installation. 4. ISU shall install the electrical system improvements in accordance with the plans and specifications approved by the City. 5. The installation of electrical system improvements is to be inspected by the City’s Electric Services Department engineering staff, and ISU shall pay the City for such inspection(s) in accordance with the standard rates and fees charged to other contractors in the City. 6. The City shall be responsible for furnishing and installing all electrical distribution cable and transformers necessary to provide electric power service to new buildings or other uses of electric power within the CYTown Development Area. All electrical equipment from the electrical distribution system up to and including the transformer, shall be owned and maintained by the City. 7. Electric service lines extending from the transformers to individual buildings or other users of electrical power within the CYTown Development Area shall be owned, installed and maintained by ISU. All connections of service lines to electrical transformers shall be completed in accordance with normal City standards and adopted codes for commercial electrical connections. 8. End Users of the City’s Electric Utility services shall have separate electrical meters and instrument transformers (if instrument-rated) installed in accordance with the City’s normal standards and adopted codes, and the cost for electric meters and instrument transformers shall be paid by the City. ISU shall provide meter panels and any current transformer enclosures at its cost and where specified by Ames Municipal Electric System as necessary to provide electrical service. 9. Each meter shall be assigned to a customer account in accordance with the City’s standards as adopted in Municipal Code for electrical service and shall be subject to the City’s adopted electrical rates and other charges in the same manner as the City’s other retail electrical customers. 10. Any street lighting or parking lot lighting within the CYTown Development Area shall be the responsibility of ISU to own, install, and maintain. Street and/or parking lot lighting 134 v.3.6.2024 Page 8 of 17 shall be connected to the City’s Electric Utility at metering locations as agreed between Ames and ISU. Costs for electricity for street lighting or parking lot lighting shall be paid as provided in Section VII(9) of this Agreement. 11. Buildings or other uses of electric power currently serviced by ISU and existing within the CYTown Development Area as of the Effective Date of this Agreement are to remain on the electric power system provided by ISU. However, ISU may request that any such existing building or other use of electric power within the CYTown Development Area be transferred to the City’s Electric Utility as a retail customer. If approved by the City, any such transfer will take place in accordance with the installation and operation provisions of this Section (Section VII) and any additional infrastructure or conditions determined necessary by the City to complete the acceptance and connection, such as metering, primary connections, transformers, etc. VIII.STORM WATER MANAGEMENT 1. ISU shall be responsible for the management of storm water within the CYTown Development Area, including any special storm water management practices and improvements necessary on a temporary basis during construction, in accordance with the provisions of the ISU Municipal Separate Storm Sewer System Permit as issued by the Iowa Department of Natural Resources. 2. ISU shall provide the City with a copy of its Storm Water Management Plan for the CYTown Development Area upon request. 3. Provided that no storm water collected within the CYTown Development Area passes into or through any storm sewer feature operated under the Municipal Separate Storm Sewer Permit issued by the Iowa Department of Natural Resources to the City of Ames, the Ames utility customers within the CYTown Development Area shall be exempt from rates and fees charged by the City for storm water management. 4. In the event it becomes necessary to install storm water management features in Stuart Smith Park to meet the storm water management needs of the CYTown Development Area, ISU agrees to locate any such storm water management features in such a manner as to preserve the existing shared-use path in that park. If the shared use path must be relocated in order to facilitate the installation of any storm water management features for the CYTown Development Area, ISU shall relocate the shared-use path at its sole expense, to a location satisfactory to the City of Ames. 135 v.3.6.2024 Page 9 of 17 IX.FLOOD PLAIN DEVELOPMENT PERMITTING 1. Prior to the initiation by ISU of any excavation, filling, grading, construction, or remodeling within the Special Flood Hazard Area, as that area is determined in the City’s adopted Flood Plain Map, ISU shall apply to the City for a Flood Plain Development Permit. Approval of the Flood Plain Development Permit by the City shall not be unreasonably withheld. X.BUILDING PERMITS AND FIRE CODE; INSPECTIONS 1. Construction within the CYTown Development Area will be governed by the building and fire code requirements administered by the Iowa State Fire Marshal, as is customary for other state-owned construction projects. However, prior to construction, ISU agrees to consult with the Ames Fire Chief or designee regarding the construction plans, to identify any potential impediments to the provision of effective fire or emergency medical services to the site by the Ames Fire Department. XI.TRAFFIC SYSTEM IMPROVEMENTS 1. All roads and traffic improvements for internal traffic circulation within the CYTown Development Area shall be the responsibility of ISU to design, construct, own, and maintain. This includes any traffic improvements on Jack Trice Way between Beach Avenue and University Boulevard. 2. Any easements or private property to implement the improvements described in this Section (Section XI) shall be the responsibility of ISU to acquire. The City shall have no responsibility for any acquisition costs or condemnation proceedings related to the improvements described in this Section (Section XI). 3. The road and traffic improvements indicated in this Section are the same as those set forth in the CYTown-Parking and Infrastructure Improvements Traffic Study completed by Snyder & Associates and dated January 30, 2023 (“2023 Traffic Study"). The improvements described in this Section shall be constructed in the manner described in the 2023 Traffic Study, unless the City’s Traffic Engineer approves an alternative, in writing, on the basis of changed roadway or traffic conditions in the time since the 2023 Traffic Study was completed. 4.Center Drive and University Boulevard Traffic Signal and Intersection Improvements: a. ISU shall prepare plans and specifications for the installation of a traffic signal and related intersection improvements at the intersection of Center Drive and 136 v.3.6.2024 Page 10 of 17 University Boulevard (“University/Center Intersection Improvements”). These plans and specifications shall be prepared in accordance with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the University/Center Intersection Improvements prior to installation. b. ISU shall construct the University/Center Intersection Improvements prior to obtaining a certificate of occupancy for the first four buildings within Phase I of the CYTown Development Area. c.Deferral of Construction – The City shall defer the requirement for construction of the University/Center Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not meet traffic signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices (MUTCD). When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. d. ISU shall be responsible for all costs to design and construct the University/Center Intersection Improvements. The traffic signal shall be dedicated to the City upon completion, and thereafter owned, operated, and maintained by the City. ISU shall be responsible for one-third of the future replacement costs of the traffic signal, when replacement is deemed warranted by the City’s Traffic Engineer. Turn lane improvements at this intersection shall be owned and maintained by the City if on the south or north legs of the intersection, and owned and maintained by ISU if on the west leg of the intersection. 5.Beach Avenue and Jack Trice Way Traffic Signal and Intersection Improvements: a. ISU shall prepare plans and specifications for the installation of a traffic signal and related intersection improvements at the intersection of Beach Avenue and Jack Trice Way (referred to hereinafter as “Beach/Jack Trice Way Intersection Improvements”). These plans and specifications shall be prepared in accordance 137 v.3.6.2024 Page 11 of 17 with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the Beach/Jack Trice Way Intersection Improvements prior to installation. b. ISU shall construct the Beach/Jack Trice Way Intersection Improvements prior to obtaining a certificate of occupancy for either: i. A hotel located within the CYTown Development Area; or, ii. The first two buildings within Phase II of the CYTown Development Area, whichever occurs earlier. c.Deferral of Construction – The City shall defer the requirement for construction of the Beach/Jack Trice Way Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not meet traffic signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices (MUTCD). When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. d. ISU shall be responsible for all costs to design and construct the Beach/Jack Trice Way Intersection Improvements. The traffic signal shall be dedicated to the City upon completion, and thereafter owned, operated, and maintained by the City. ISU shall be responsible for one-fourth of the future replacement costs of the traffic signal, when replacement is deemed warranted by the City’s Traffic Engineer. Turn lane improvements at this intersection shall be owned and maintained by the City if on the south, west, or north legs of the intersection, and owned and maintained by ISU if on the east leg of the intersection. 6.Beach Avenue and Center Drive Traffic Improvements: a. ISU shall prepare plans and specifications for the realignment of the intersection of Center Drive, Beach Avenue, and Greeley Street (“Beach/Center Intersection Improvements”). These plans and specifications shall be prepared in accordance 138 v.3.6.2024 Page 12 of 17 with the standards adopted by the City. ISU shall obtain approval from the City’s Traffic Engineer for the plans and specifications of the Beach/Center Intersection Improvements prior to installation. b. ISU shall construct the Beach/Center Intersection Improvements prior to obtaining a certificate of occupancy for either: i. A hotel located within the CYTown Development Area; or, ii. The first two buildings within Phase II of the CYTown Development Area, whichever occurs earlier. c.Deferral of Construction – The City shall defer the requirement for construction of the Beach/Center Intersection Improvements if, prior to construction, the City’s Traffic Engineer determines that the intersection does not require realignment based on contemporary traffic engineering principles. When making this determination, the City’s Traffic Engineer shall take into consideration any revised traffic impact study that exists. However, nothing in this paragraph shall be construed to require the City to undertake or pay for a revised traffic impact study. A deferral shall not be unreasonably withheld. Any deferral granted by the City to ISU shall be accompanied by either: 1) a revised deadline by which the improvements are to be constructed, or 2) specific traffic conditions that, if evidenced, would require the improvements to be constructed. A deferred deadline is subject to subsequent deferral in the same manner as the original construction requirement. 7.Country Club Neighborhood Traffic Calming: a. Upon the occupancy of the first four buildings in Phase I of the CYTown Development Area, the City’s Traffic Engineer shall evaluate the traffic conditions in the neighborhood located west of Beach Avenue (between Lincoln Way, Ash Avenue, Beach Avenue, and Cessna Street). Thereafter, if determined warranted by the City’s Traffic Engineer, the City may install traffic calming improvements in that neighborhood. b. ISU shall reimburse the City for the actual costs to construct and/or install any traffic calming features consistent with contemporary standards of traffic engineering in the neighborhood west of Beach Avenue, provided that the City provides notification to ISU of the proposed measures prior to finalizing their design. Within thirty (30) days of receipt of notification, ISU may request a 139 v.3.6.2024 Page 13 of 17 conference with the City’s Traffic Engineer to discuss the traffic calming measures and to propose alternatives. If the City elects not to proceed with an alternative as proposed by ISU, the City will provide a statement in writing detailing the reasons therefor. Upon completion of the installation of the traffic calming measures, ISU shall have no obligation for maintenance or repair of the traffic calming measures, and any future traffic calming measures or modifications shall be the responsibility of the City. XII.EASEMENTS 1. Prior to completion by ISU and acceptance by the City of any Water System Improvements, Sanitary Sewer System Improvements, Electric System Improvements, or Traffic System Improvements in the CYTown Development Area as described in this Agreement, ISU shall grant to the City by executed instruments, without charge to the City, easements for the installation and maintenance of such improvements and any future related improvements as may be necessary to provide services to the CYTown Development Area. The easements shall be memorialized using the easement template approved by City and ISU staff on October 26, 2023, unless ISU and the City mutually agree otherwise. 2.Off-Site Electrical Improvements: The Parties understand that improvements to the City’s electrical distribution infrastructure outside the CYTown Development Area will be necessary in order to reliably serve the anticipated needs of the CYTown Development Area. The City shall be responsible for obtaining any private property easements necessary to construct these off-site improvements. However, in locations where the City requires the installation of electrical distribution infrastructure across or under ISU property outside of the CYTown Development Area in order to serve the CYTown Development Area, ISU agrees to provide electrical easements to the City in mutually acceptable locations using the easement template approved by City and ISU staff on October 26, 2023, unless ISU and the City mutually agree otherwise. XIII.UNDERGROUND FACILITY LOCATING 1. The City shall be responsible for locating and marking its underground facilities within the CYTown Development Area (water, sanitary sewer, electric, and traffic signal underground facilities) in accordance with Iowa Code Chapter 480. The City shall have no responsibility to locate or mark underground facilities that are the property of ISU, including but not limited to water corporation cocks, curb cocks and curb boxes, service lines, parking lot light electric lines or other utilities installed or operated by ISU within the CYTown Development Area. ISU shall be responsible for locating and marking any underground facilities owned by ISU. 140 v.3.6.2024 Page 14 of 17 XIV.LAW ENFORCEMENT 1. Law Enforcement operations within the CYTown Development Area shall be administered under the “Intergovernmental 28E Agreement for Combined Law Enforcement Services” filed May 17, 2018 with the Iowa Secretary of State, or any successor agreement thereto. XV.FIRE PROTECTION 1. Fire protection services within the CYTown Development Area shall be administered under the “Agreement between the City of Ames and the Board of Regents, State of Iowa for Fire Services at Iowa State University” dated May 19, 1981, or any successor agreement thereto. XVI.AMENDMENT 1. This Agreement represents the entire Agreement of the parties. Any amendment to this Agreement shall be in writing, approved by each party, and executed by the authorized representative of each party. XVII.SEVERABILITY 1. In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining provisions of this Agreement that are valid shall continue in full force and effect. XVIII. INDEMNIFICATION 1. To the extent permitted by law, each party shall indemnify and hold harmless the other party and the other party’s officers, agents and employees, against any and all claims, demands, damages, loss or liability incurred by the indemnified party, including reasonable legal fees, directly or indirectly resulting from or arising out of the negligent or wrongful acts or omissions of the indemnifying party, or its officers, agents or employees. XIX.PRIOR AGREEMENTS 1. In the event any provision of this Agreement conflicts with a provision of another Agreement between the parties existing as of the Effective Date of this Agreement, the provisions of this Agreement shall control. 141 v.3.6.2024 Page 15 of 17 XX.TERMINATION 1. This Agreement shall remain in effect unless terminated by the mutual consent of the Parties hereto. XXI.COUNTERPARTS 1. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. CITY OF AMES, IOWA IOWA STATE UNIVERSITY By:______________________________By:______________________________ John Haila, Mayor Wendy Wintersteen, President Attest: ______________________________ Renee Hall, City Clerk 142 v.3.6.2024 Page 16 of 17 ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES 143 v.3.6.2024 Page 17 of 17 ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN 144 3-6-24 Page 1 of 17 Memorandum of Understanding Between Iowa State University and The City of Ames, Iowa This Memorandum and Understanding (“MOU” or “Agreement”) entered this ___ day of _____________, 2024, by and between the CITY OF AMES, IOWA (“City”), and IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY (“Iowa State University” or “ISU”), RECITALS Iowa State University is the owner of property located between Lincoln Way and Jack Trice Way, South University Boulevard to Beach Avenue (“CYTown Development Area”); and, Iowa State University intends to develop the CYTown Development Area to create a multi-use district, which may contain uses including retail, office, residential, medical, entertainment, event space, hotel, research, academic, administrative, and other similar activities and related supporting infrastructure; and, The existing major facilities located within the boundaries of the CYTown Development Area, including C.Y. Stephens Auditorium, Fisher Theater, Hilton Coliseum, and the Scheman Building, have been art and cultural anchors of the Ames and ISU community since the first facility was opened in 1969; and, The City and ISU agree that a prosperous local arts and entertainment community improves the welfare, comfort, and convenience of Ames’ citizens, promotes economic development and tourism, and enhances the community identity; and, The existence of quality facilities and equipment is necessary to achieve these objectives; and, The existing facilities require substantial financial investments in maintenance and enhancements, and insufficient funding exists to complete these investments; and, The development of complementary facilities and attractions within the vicinity creates the opportunity to both finance those investments and regain the status of these facilities as a premier performing arts, visitor, events, and entertainment center of the community and state; and, The City and ISU have a long history of cooperating together for the benefit of both the Ames Community and the University. 145 3-6-24 Page 2 of 17 Accordingly, it is the mutual desire of ISU and the City to realize the development of a premier performing arts, visitor, events, and entertainment area, and the parties have committed to mutual understanding regarding the cooperation between them as provided for in this MOU to achieve this development. I.DESCRIPTION OF DEVELOPMENT GOALS A. The parties intend that the CYTown Development Area (which area is described in Article IV of this Agreement) will achieve the following: 1. Rehabilitate and enhance the performing arts, visitor, and events facilities within the CYTown Development Area, for the benefit of Iowa State University and the community of Ames; and, 2. Develop new Convention and Hotel space and rehabilitate existing Convention space; and, 3. Attract and retain students, visitors, employees, and businesses to Iowa State University and the City of Ames; and, 4. Develop a “destination” to attract individuals to the community to work, play, and live; and, 5. Generate revenues to achieve the rehabilitation and enhancement efforts as described above. II.PURPOSE OF MEMORANDUM OF UNDERSTANDING A. It is the purpose of this MOU to: 1. Establish the Principles and General Understanding between the parties regarding their cooperative relationship to establish the goals set forth above; and, 2. Identify mutually beneficial funding sources to help accomplish the rehabilitation and enhancement of the performing arts, visitor, and events facilities within the CYTown Development Area; and, 3. Develop a framework to resolve issues that may arise between the Parties pertaining to taxability and other legal provisions that may jointly impact ISU and the City. 146 3-6-24 Page 3 of 17 III.DEFINITIONS: As used in this MOU, the following terms have the meanings outlined below: Convention – Conferences, seminars, trade shows, meetings, trainings, or symposia, generally of an educational or professional nature, where indoor open space is necessary to facilitate an assembly of people with a common interest. CYTown Suites – Apartment-style dwelling units, access to which is made available to certain donors to ISU. Events – Scheduled activities that provide opportunity for interaction in a social setting, including banquets, galas, balls, or lectures. Food and Drink Establishments – Restaurants, bars, breweries, distilleries, and other places serving food or beverages, providing service to visitors to the CYTown Development Area. Hotel - Any number of buildings or portions thereof providing lodging or rooming to transient members of the public. Medical – A facility providing medical or surgical care to patients where overnight care is not provided. Office – A facility containing activities conducted in an office setting and primarily focusing on administrative, business, government, professional, medical, or financial services. Performing Arts – Creative arts performed in front of an audience, including music, dance, comedy performances, and theater. Retail – A facility containing uses that involve the sale, lease, or rental of new or used consumer products, including prepared foods, to the general public and uses providing services involving predominantly personal or business services, including repair of consumer and business goods. Retail shall not include service stations, motor vehicle, truck, or equipment sales. Tenant - Any non-ISU person or entity charged rent, or where any other consideration is required in exchange for a right to occupy the premises by a non-ISU person or entity. Visitor – A person who travels to the CYTown Development area to enjoy an event, food and drink establishment, performing art, or entertainment activity. 147 3-6-24 Page 4 of 17 IV.CYTOWN DEVELOPMENT AREA COMPONENTS: The extent of the CYTown Development Area is depicted on Attachment 1 to this Agreement. The CYTown Development Areas consists of the land and improvements located south of Lincoln Way, north of Jack Trice Way, west of South University Boulevard, and east of Beach Avenue, in Ames, Iowa, excluding: 1. The Alumni Center building, 2. Any traditional research, academic, or administrative building servicing solely ISU within the boundaries of the CYTown Development Area, and 3.The existing facilities in the CYTown Development Area including (“Existing Facilities”): a. C.Y. Stephens Auditorium b. Fisher Theater c. Scheman Building d. Hilton Coliseum e. Campbell Transit Center A.PROPOSED FACILITIES: BLDG.PHASE USE PLAN AREA (sq. ft.) A II University Use 20,300 B II Retail / Event 15,000 C II L1: Office / L2-3: Office / Suites 9,500 D I L1: Office / L2-3: Office / Suites 7,000 E I L1: Office / L2-3: Office / Suites 24,050 F I Medical Clinic 16,667 G I Restaurant / Event 15,823 H I Retail / Event 12,025 I I Retail / Event 12,025 J II Retail / Event 17,000 K II Retail / Event 15,000 L II Convention / Hotel 55,000 B. The proposed facilities and their configuration as described in the table above are preliminary and conceptual in nature, and the parties understand that the facilities to be constructed and operated may not be built to these exact specifications of square footage or locations. The configuration, timing of the construction, and opening of the 148 3-6-24 Page 5 of 17 proposed facilities described in this MOU is within the sole discretion of Iowa State University. C. In general, however, for purposes of this MOU only, the CYTown Development Area is described in the following two phases: 1.Phase I - the facilities located in the portion of the CYTown Development Area bounded on the south by Jack Trice Way and on the north by an east-west line 700 feet north of the centerline of Jack Trice Way (Buildings E, F, G, H, and I as depicted on Attachment 2) 2.Phase II - any facility not included in Phase I. D. As part of the development expenses of the CYTown Development Area, the Campbell Transit Center has been demolished and will be reconstructed by ISU in another portion of the CYTown Development Area to facilitate the construction of the overall CYTown Development Area. For purposes this MOU, the relocated Campbell Transit Center is not part of Phase I or Phase II. V.ISSUES OF STATE LAW A. The Parties understand that there are areas of State law including taxation and competition with private enterprises that may impact the development. While recognizing that this MOU does not supersede State law, the Parties agree, to the extent allowed by State law, to work together where appropriate to attempt to address and resolve issues that arise relating to any aspect of the CYTown Development that implicates issues of governmental competition with private enterprise or taxation. B. The City and ISU agree that to the fullest extent allowed by law, from the revenue generated through the CYTown Development, an amount equivalent to the normal property tax collection attributable/payable to the City for similar private developments will be invested back into the CYTown Development as described in this MOU Section VII. The City and ISU agree to take all action within their legal authority to facilitate this intent. The parties agree not to take any formal affirmative action within their legal authority inconsistent with this intent. C. The agreements described in this section and the provisions of this MOU apply exclusively to the CYTown Development Area and shall not establish a precedent with respect to the Parties’ relationship on other development projects. 149 3-6-24 Page 6 of 17 VI.CYTOWN ADVISORY COMMITTEE A. The Parties agree to create a “CYTown Advisory Committee” consisting of: 1. An individual appointed by the Iowa State University President 2. The Iowa State University Research Park President 3. The City Manager of the City of Ames B. The purpose of the CYTown Advisory Committee is to: 1. Provide input to the Iowa State University President on the overall development of the CYTown Development Area. To that end, the Committee will perform an annual financial review of the Development Area and make recommendations regarding a plan for the investments in, and a schedule for, the planned improvements. 2. Discuss any issues pertaining to the CYTown Development Area which are not disposed of by this Agreement. VII.PROPERTY TAX AND PROPERTY TAX EQUIVALENTS COLLECTED IN LIEU OF TAXES (MOU PILOT) A. ISU agrees to collect from Tenants in buildings in the CYTown Development Area (as described and subject to the exclusions in Section IV of this Agreement) an amount in addition to any charges for rent or common area maintenance, which amount shall be a Payment in Lieu of Tax (PILOT). B. The amount of PILOT to be collected for each building in a given year shall be calculated in a manner similar to the assessment of property and the collection of property taxes in the City of Ames, per the procedures described below: 1. Upon receipt of approval for occupancy of a building by the State Fire Marshal, ISU shall notify the Ames City Assessor and request that an assessment value be established for that building as required by Iowa Code Section 427.1(18). It is understood that an assessment value provided by the Ames City Assessor is to be used by the Parties for the purpose of determining value to fulfill the provisions of this Agreement, and that the assessment value is not a tax statement. The assessment value shall be considered the “Building Value” for the purposes of this Agreement. The Building Value is subject to revision by the City Assessor 150 3-6-24 Page 7 of 17 from time to time through normal assessment processes (e.g., revaluation in odd-numbered years; changes due to additions, demolition, renovations, etc.). The most recently established Building Value shall be the value used for the calculation of PILOT for a given building. Nothing in this paragraph restricts in any way the rights of ISU or any other qualified party to protest the Building Value established by the Ames City Assessor as provided in Iowa law, in which case the assessment value established through the protest process and any applicable appeals shall be the considered the Building Value. i. In the event the Ames City Assessor fails to furnish a Building Value to ISU in an assessment notice mailed on or before April 1 of the year following initial occupancy or in any odd-numbered year thereafter, then the Building Value for that year shall be established through an independent appraisal prepared in accordance with the Uniform Standards of Professional Appraisal Practice. The appraisal report shall be completed on or before June 1. The selection of an appraiser and the costs therefor shall be the responsibility of ISU. Upon receipt of the independent appraiser report, ISU shall provide a copy to the City. Annually thereafter, the Building Value shall be as calculated by the Ames City Assessor per Paragraph VII(B)(1) above, or through the provisions of this Paragraph VII(B)(1)(i). 2. The Building Value, as established in accordance with Paragraphs VII(B)(1) and VII(B)(1)(i) above, is not required to be determined for any building(s) for which property tax has been otherwise assessed and collected by any taxing authority. 3. ISU shall cooperate with reasonable requests by the Ames City Assessor to review construction documents, lease agreements, and/or conduct site inspections for the purpose of establishing value in the initial and subsequent years. Because building code compliance on State property is under the jurisdiction of the State Fire Marshal rather than the City of Ames, ISU agrees to notify the Ames City Assessor of any alterations, additions, renovations, demolition, or other building modifications that occur to any building after it becomes initially occupied. 4. On or before June 1 each year, ISU shall furnish the City with land values for each building as of January 1 of that year for the purpose of calculating PILOT. 5. On or before July 1 each year, the City shall furnish ISU with statements for each building for which a value has been established, which shall describe the following: 151 3-6-24 Page 8 of 17 i. The most recent Building Value. ii. The most recent land value as furnished by ISU. iii. Amounts calculated by multiplying that Building Value and that land value by the most recent assessment limitation percentage (rollback) certified by the Iowa Department of Revenue as applicable to the type of use for that building. iv. The amounts calculated in Paragraph VII(B)(5)(iii) then divided by $1,000 and multiplied by the adopted Ames City/Ames Community School District (Tax District Number 850067) Consolidated Levy Rate (“CLR- 850067”) for the period beginning July 1 of that year. This amount is the total amount of Payment in Lieu of Tax (“PILOT”) for that building. v. The PILOT calculated in Paragraph VII(B)(5)(iv) is to be divided into two portions: 1.The MOU PILOT - an amount equivalent to the proportion of the City’s levy rate as compared to the CLR-850067 for that year, as applied to the Building Value only, and 2.The Remainder PILOT – the portion of the collected PILOT that remains after subtracting the amount of the MOU PILOT. 6. ISU shall collect the PILOT from Tenants not later than June 30 each year for PILOT calculated as of the preceding July 1. This space intentionally left blank 152 3-6-24 Page 9 of 17 7. An example of a statement to be furnished to ISU, demonstrating the calculations described in Paragraph VII(B)(5), is shown below: 2027 CYTown PILOT Statement - EXAMPLE Retail Building XYZ THIS IS NOT A TAX BILL Approved for Occupancy 10/12/2026 January 1, 2027 w/Commercial Property Assessment Limitation (Rollback) for July 1, 2027 (90%) Building Value (Per Assessor)$ 1,750,000 Building Value $ 1,575,000 Land Value (Per ISU)$ 625,000 Land Value $ 562,500 TOTAL $ 2,375,000 TOTAL $ 2,137,500 July 1, 2027 Adopted Levies:Rate per $1,000 Times Rolled Back Value: Amount to be Collected On or Before June 30, 2028: Building Land Ames City Levy 9.29336 MOU PILOT:$14,637.04 0.00 Sum of All Other Levies 21.52286 Remainder PILOT:$33,898.50 $17,334.12 Subtotal:$48,535.54 $17,334.12 TOTAL (CLR-850067)30.81622 Total PILOT:$65,869.66 C. ISU may dedicate all or a portion of the Remainder PILOT to a specific purpose. D. Phase I MOU PILOT revenues and Phase II MOU PILOT revenues shall be accounted for separately. E. ISU agrees that MOU PILOT revenues collected from Tenants will be used only for the following purposes: 1.Remittance to the City – Not later than December 31 each year, ISU shall remit all eligible MOU PILOT revenues, as described below, collected in the previous fiscal year to the City, and the City may use such revenues for any lawful purpose. The amount of the MOU PILOT revenues eligible to be remitted to the City from each Phase, each year, is limited in accordance with the schedules below: 153 3-6-24 Page 10 of 17 PHASE I MOU PILOT REVENUES: Years After the First Building Constructed in Phase I is Approved for Occupancy by the State Fire Marshal Portion of Phase I MOU PILOT Revenues Collected by ISU That Year Eligible to be Remitted to the City 0-19 0% 20-24 25% 25-29 50% 30 and thereafter 75% PHASE II MOU PILOT REVENUES: Years After the First Building Constructed in Phase II is Approved for Occupancy by the State Fire Marshal Portion of Phase II MOU PILOT Revenues Collected by ISU That Year Eligible to be Remitted to the City 0-19 0% 20-24 25% 25-29 50% 30 and thereafter 75% i. Notwithstanding the foregoing, in the event ISU transfers or expends any of the Remainder PILOT revenues for a university or governmental purpose other than that which is specifically described in Paragraph VIII(A)(1)(ii) of this Agreement, then the City may, at its option, elect to collect from MOU PILOT revenues in that year and subsequent years as necessary, an amount equal to such transfer or expenditure. ii. The City may, at its option, waive its right to collect any or all MOU PILOT revenues it is eligible to receive from ISU in any given year if the City chooses to further fund improvements in the CYTown Development Area. iii. If any taxing authority determines that a portion of the CYTown Development Area, but not the CYTown Development Area in its entirety, is subject to the payment of property taxes to the City, the Parties agree that: 1) the nontaxable portion of the CYTown Development Area will remain subject to the terms of this MOU, and 2) for the portion of the CYTown Development Area for which property taxes have been collected and remitted by any taxing authority to the City, ISU will not be obligated to continue collecting or paying the City MOU PILOT for that portion of the CYTown Development Area so long as that portion of the CYTown Development Area remains taxable. 154 3-6-24 Page 11 of 17 2.Contribution to Performing Arts, Visitor, and Events Enhancements – ISU agrees that any MOU PILOT revenues not remitted to the City in accordance with Paragraph VII(E)(1) above will be deposited in the CYTown Development Area Capital Improvements Fund (“Capital Improvements Fund”). i. Any funds in the Capital Improvements Fund are to be used exclusively for: 1. Enhancements to and renovations of any of the following: a. C.Y. Stephens Auditorium, b. Fisher Theater, c. The Scheman Building, d. Hilton Coliseum. Enhancements to Hilton Coliseum are limited to improvements to the building envelope (roof, windows, doors), mechanical systems, or seating; or, 2. Construction of new flat space or Convention space, not including construction of a Hotel, provided that no further enhancements and renovations are planned or needed for the facilities listed in Paragraph VII(E)(2)(i)(1) above. ii. Enhancements and renovations to be financed by the Capital Improvements Fund are non-operational activities which include, but are not limited to, restroom renovations and expansion, replacement of carpet and interior finishes, replacement theater seating, patron amenity improvements, building system deferred maintenance, technology upgrades, skywalk connection expansion, theater production improvements, and event space construction and renovation. iii. However, the Capital Improvements Fund may not be used to finance: 1. Any improvement to Hilton Coliseum other than improvements to the building envelope (roof, windows, doors), mechanical systems, or seating; or, 2. Decorations, sculptures, landscaping, or other ornamental fixtures within the CYTown Development Area. 155 3-6-24 Page 12 of 17 VIII.ACCOUNTING FOR CYTOWN FINANCES A. ISU agrees to operate the finances of the CYTown Development Area as an enterprise (i.e., an isolated, business-like activity). ISU shall create and manage an Operating Fund and a Capital Improvements Fund for the CYTown Development Area. 1. Revenues and expenses shall be assigned to the Operating Fund as follows: i.Revenues: 1. Donations and/or fundraising related to the CYTown Suites or other improvements, 2. Land rents or leases for commercial spaces, 3. Common area maintenance fees, 4. Hotel/convention revenues, 5. Remainder PILOT revenues, except those Remainder PILOT revenues which, through an agreement with another property taxing authority, are either remitted to that authority or dedicated to a specific purpose, and 6. All other revenues, excluding MOU PILOT revenues. ii.Expenses: 1. Operating expenses for CYTown, 2. Common area maintenance and development expenses, 3. Construction costs and/or Debt service payments for the “Proposed Facilities,” infrastructure, and common areas generally described in Paragraph IV(A) of this Agreement, and 4. Developer rebates. 2. Revenues and expenses shall be assigned to the Capital Improvements Fund as follows: i.Revenues: 1. Those MOU PILOT revenues not remitted to the City, 2. A transfer of any unencumbered balance, as determined by ISU, remaining in the Operating Fund at the conclusion of each fiscal year. ii.Expenses: 1. Debt service or cash for improvements or construction as described in Paragraph VII(E)(2)(ii) of this Agreement. 156 3-6-24 Page 13 of 17 B. It is the intent of ISU to utilize the Capital Improvements Fund from the CYTown Development Area to finance improvements to the Existing Facilities as soon as practicable after sufficient income has been collected to do so. To achieve this goal, ISU shall contract for construction of the first improvements to C.Y. Stephens Auditorium, Fisher Theater, and the Scheman Building prior to the accumulation of any balance in the Capital Improvements Fund exceeding $4,000,000. C. Not later than December 31 each year, ISU will provide the City with audited financial statements prepared in accordance with Generally Accepted Accounting Principles, which statements include itemized reports of all revenues, operating expenditures, MOU PILOT, debt service, and capital improvements related to the CYTown Development Area Capital Improvements and Operating Funds for the preceding fiscal year. The CYTown Development Area fiscal year will be July 1 through June 30. IX.ISU RESPONSIBILITIES: A. All facilities within the CYTown Development Area shall be under the administration, management, governance, and control of Iowa State University. By way of specification but not limitation, all rules, policies, purchases, and contracts pertaining to the construction and operation of the CYTown Development Area shall be the sole prerogative of Iowa State University, except that ISU shall, in general, charge market- based land rents, as reasonably determined by ISU, to all Tenants leasing commercial space within the CYTown Development Area, with the exception of any portion of any building used as “CYTown Suites.” X.CONSTRUCTION, UTILITIES, AND TRAFFIC A. Responsibilities regarding construction, ownership, and operation of electric, water, sanitary sewer, storm water, and traffic infrastructure to serve the CYTown Development area, and other responsibilities for permitting and certain public services, are described in a separate agreement between the Parties (“CYTown Development Area Construction, Utilities, Traffic, and Related Services Memorandum of Understanding”). XI.NO ENTITY CREATED A. No separate legal entity or agency is created under this Agreement. 157 3-6-24 Page 14 of 17 XII.AMENDMENT A. This Agreement represents the entire Agreement of the parties. Except as provided in Paragraphs B-C of this Section, any amendment to this Agreement shall be in writing, approved by each party, and executed by the authorized representative of each party. B. If ISU, after the effective date of this Agreement, enters into or thereafter amends a similar agreement with another taxing authority, then the City may elect to substitute any of the following provisions in this Agreement with the same provision(s) of the agreement between ISU and the other taxing authority: a. The duration as set forth in Section XVI(A) of this Agreement, b. The calculation method of the PILOT for that other taxing authority (e.g., a calculation of PILOT that is not based on the proportion of the taxing authority’s adopted levy rate as compared to the consolidated levy rate as described in Section VII of this Agreement), and/or c. The portion of PILOT that is eligible to be remitted to the taxing authority in a given year of the Agreement (e.g., the tables set forth in Section VII(E)(1) of this Agreement. C. Any substitution elected in writing by the City as described in Paragraph XII(B) above shall be considered an amendment as described in this Section and shall be effective on the date notice is received by ISU. XIII.SEVERABILITY A. In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining provisions of this Agreement that are valid shall continue in full force and effect. XIV.INDEMNIFICATION A. The Parties covenant and agree to indemnify and hold harmless each other, to the extent allowed by Iowa law, their officers, and employees, against any loss or liability whatsoever, including reasonable attorney’s fees, pertaining to any and all claims by any and all persons, resulting from or arising out of this Agreement. XV.PRIOR AGREEMENTS A. In the event any provision of this Agreement conflicts with a provision of another Agreement between the parties existing as of the Effective Date of this Agreement, the provisions of this Agreement shall control. 158 3-6-24 Page 15 of 17 XVI.TERMINATION A. DURATION: This MOU shall remain in effect for thirty-five (35) years from the date the first building in Phase II is approved for occupancy by the State Fire Marshal, unless the Agreement is terminated prior to that date by the mutual consent of the Parties hereto, or through the termination provisions of this Section XVI. B. This MOU may be terminated by ISU with 90 days’ notice if the final determination of any taxing authority requires the payment of any property taxes to the City contrary to the provisions of this Agreement. C. Upon termination of this MOU, ISU agrees that any balance remaining in the Capital Improvements Fund shall remain subject to the provisions of Paragraphs VII(E)(2)(i-iii) and Article VIII of this MOU, which describe the permitted uses of funds. The obligations described in this paragraph shall survive the termination of this MOU and ISU shall be relieved of these obligations only when the balance in the Capital Improvements Fund is exhausted. XVII.COUNTERPARTS A. This MOU may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. The parties acknowledge that this Agreement is subject to Ames City Council and Iowa Board of Regents approval. IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective as of the date first above written. CITY OF AMES, IOWA IOWA STATE UNIVERSITY By:______________________________By:______________________________ John Haila, Mayor Wendy Wintersteen, President Attest: ______________________________ Renee Hall, City Clerk 159 3-6-24 Page 16 of 17 ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES 160 3-6-24 Page 17 of 17 ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN 161 To:Mayor and Ames City Council From:Steven L. Schainker, City Manager Date:March 8, 2024 Subject:Approval of City Council Values, Goals, and Tasks for January 1, 2024 to December 31, 2025 Item No. 25 MEMO On January 6, 2024, the Mayor and City Council met in a workshop setting to establish your Values, Goals, and Tasks for January 1, 2024 to December 31, 2025. As is typically the case at this meeting, the Council members offer conceptual thoughts regarding issues, seek consensus where possible (no formal votes are taken), and request that the staff follow-up with specific wording. Based on a review of our notes and recollection of your conversations, I am attaching for your review and approval the list of your Values, Goals, and Tasks for 2024 and 2025. It should be emphasized that in preparing this list, two issues need to be discussed further. Issue 1. Under the value of Communication and Engagement With The Public, Task A1.T1 proposes to continue working with a Community and Regional Planning class to explore more ways to engage with residents through the Play Ames approach. However, it is my understanding that the City Council is about to receive the final report regarding the Play Ames research with no further activities planned. An alternative task could be to "Implement at least one new technique for obtaining public feedback, with special emphasis on engaging our underrepresented residents." Issue 2. Under the value of Environmental Sustainability is a goal to Increase The Use Of Public Transit And Active Transportation (E3). There was a lot of discussion regarding the task related to going to a "Fare Free" CyRide system. Since no formal vote was taken, it was not clear as to the level of commitment that was being made by a majority of Council members to this task. Two possible approaches were mentioned for E3.T1: a) Continue to study a "Fare Free" CyRide, including how it might be implemented in a phased approach. Identify the cost to the City. Assess the impact on route structure, 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 162 resident expectations, estimated usage, and cost/benefit analysis. OR b) Pursue phasing in a "Fare Free" system, first focusing on low & moderate income residents on the existing CyRide route system. It should be emphasized that the decision to go totally "Fare Free" is determined by the Ames Transit Board, not the City Council. Therefore, in order to accomplish either of the two options described above, approval of the Board is required. Once these two issues have been clarified, assuming there are no other modifications to the list, it would be appropriate for the City Council to adopt a motion approving the Values, Goals, and Tasks for 2024-2025. ATTACHMENT(S): COUNCIL VALUES, GOALS, & TASKS FOR 2024 TO 2025.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 163 City Council Values, Goals, and Tasks January 1, 2024 to December 31, 2025 VALUES -GOALS -TASKS A. WE VALUE COMMUNICATION AND ENGAGEMENT WITH THE PUBLIC A1. Increase public feedback on proposed major projects, studies, and policy changes prior to City Council making final decisions. A1.T1. Utilize non-traditional, creative, innovative ways to improve community engagement, particularly underrepresented groups. Continue for one more year with Community and Regional Planning class students exploring more ways to engage with residents (Play Ames approach) OR Implement, at least, one new technique for obtaining public feedback with special emphasis on engaging our under-represented residents. Staff will report to Council some creative software and services that exist to collect feedback, and the Council will consider adopting one or more programs (Polco software for example). Use targeted direct emails on specific issues of interest (for example NAACP, Latino, Asian American communities, etc.). Post City information flyers in grocery stores and other public spaces (such as: Food At First, Overflow Thrift Store, churches, other places) where underrepresented people might eat/shop/worship/frequent. A1.T2. Highlight outreach efforts in a more standardized format on staff reports, CAFs, and other reports to Council. A1.T3. Develop performance measures and metrics that staff will report regularly to the Council/public regarding issues such as permit process timing, etc. A1.T4. Develop an outreach policy setting expectations for the types of outreach that should be used for various types of activities. B. WE VALUE DIVERSE HOUSING OPTIONS FOR THE COMMUNITY B1. Increase quantity and variety of single and multi-family housing units at various price points or rental rates related to new construction and rehabilitation of existing. B1.T1. Adopt Council approved items included in AEDC housing document. Explore how to get the existing land within City to move forward with development. 164 Review/consider incentive options and development requirements to spur on more housing (tax abatement, TIF, sharing in infrastructure costs off site, etc.). Analyze resident demographics (including income), target housing price points and possible incentives to “match” income. B1.T2. Explore opportunities to partner with groups such as the ISU Design College, College of Engineering, Construction Management, etc. and/or IEDA and enter into, at least, one partnership involving an innovative research project that focuses on lowering housing costs, and are both sustainable and affordable. B1.T3. Explore, support, and pursue a creative housing development with a public partner (ISU, ISU Foundation, Ames & Gilbert CSD). Similar to the Purdue University Foundation housing development project or school district building rental units for school staff. B1.T4. Engage with United Way of Story County, Story County Housing Trust, other community partners in the following ways: Study, review, evaluate existing strategies and programs of the other entities related to diverse housing needs. Develop joint (City/other entity) strategies that complements, builds on and/or leverages these existing initiatives. Consider/evaluate/study options for the City to financially support affordable housing rehabilitation, with the understanding that the City shall not become the sole funder of this initiative. Continue discussions with Polk County regarding a possible partnership in a grant application for an owner-occupied, income-based retrofit program. Note: The above task also would positively impact the Council’s carbon reduction plan goals. C. WE VALUE A FUN, VIBRANT, AND HEALTHY COMMUNITY THAT ATTRACTS AND RETAINS PEOPLE C1. Plan, budget, and initiate construction of multiple new City owned projects. C1.T1. Complete the planned Splash Pad, Agility Course, Schainker Plaza, and Mini- Pitch Field. C1.T2. Complete the face lift of City Hall interior with new carpet, base, paint, signage/wayfinding, and ceiling tiles when needed. Consider installing LED lighting in public areas to start, and within three years replace all lighting with LED in building. C1.T3. Prioritize, schedule, conceptually design, and determine funding strategy for: Replacement of existing Animal Control Shelter 165 Relocation and construction of a new Fire Station #2 (Campustown) New privately or City owned Indoor Recreation Center with walking track, basketball/pickleball courts, soccer pitch, and multi-purpose space. (Note: Initially meet with private developers to ascertain viability and potential for a private indoor complex.) New Community Park along Ontario Road in west Ames New Fire Station #4 C1.T4. Receive the Main Street Improvements Study, adopt the Council-approved recommendations, and develop a plan for financing the City-supported components in the CIP. C2. Support arts and culture in the community, including community celebrations, festivals and/or events. C2.T1. Ask Board and Commissions to identify ways in which they can support or partner with outside community groups (such as Ames Main Street, Campustown Action Association, cultural and international organizations) to host new or existing events in the community that celebrate arts and culture, with the goal of holding two new annual events. D. WE VALUE A DIVERSE, EQUITABLE, AND INCLUSIVE COMMUNITY D1. Further diversify membership on City Boards and Commissions. D1.T1. Identify the barriers to increased diversity and participation on boards and commissions (e.g., childcare, transportation, virtual meetings). Include evaluation of best practices from other communities who are successful in achieving diverse membership. D1.T2. Adopt solutions that are within the Council’s control to improve diversity and participation. D2. Consider pursuing a Community-wide Inclusion plan. D2.T1. Initially, review research performed by City staff regarding what other cities’ plans look like and accomplish. E. WE VALUE ENVIRONMENTAL SUSTAINABILITY E1. Adopt a new plan for collection and disposal of waste and recyclable items. E1.T1. Decide how to handle the disposal of solid waste. In accordance with Goal A1, engage the public and solicit feedback as a part of the decision-making process. 166 E1.T2. Make decision on organized collection of residential waste and recyclable items. Here again, engage the public and solicit feedback as a part of the decision-making process in accordance with Goal A1. E1.T3. Educate the public on what has changed from past communications over the decades where “throw everything in your trash” is no longer the case. Cast vision for waste reduction, recycling, and reuse opportunities for the future. E1.T4. Identify specific a schedule and steps required for this new plan and explain how each steps integrates with Climate Action Plan. E2. Pursue initiatives that use new and emerging technologies or processes to assist in meeting the Climate Action Plan. E2.T1. Explore with ISU, ISURP, Chevron REG, and others on what opportunities may exist to serve as a test case (For example the REG/Biodiesel/Optimus test using city heavy truck fleet or a ISU a researcher is studying how to turn plastics into fuel.) E3. Increase use of public transit and active transportation. E3.T1. Continue study of fare free for CyRide, including how it may be implemented in a phased approach. Identify costs to city. Assess impact on route structure and resident expectations, estimated usage, cost/benefit analysis. OR E3.T1. Pursue phasing in “Fare Free“ with the first phase focusing on low & moderate income residents on the existing CyRide route system. Note: The decision to go “fare free” is determined by the Ames Transit Board, not the City Council. Therefore, in order to accomplish this task, approval by the Board is required. E3.T2. Engage in a more aggressive marketing plan and strategy promoting public use of CyRide. E3.T3. Explore options and support initiatives to increase transportation availability for those unable to get to work, school, or other desired destinations within Ames. 167 ITEM #:26 DATE:03-12-24 DEPT:ADMIN SUBJECT:REQUESTS FOR AMES MAIN STREET FARMERS' MARKET COUNCIL ACTION FORM BACKGROUND: The Ames Chamber of Commerce is planning to host the annual Ames Main Street Farmers’ Market this summer, which will take place on the 300 and 400 blocks of Main Street and on Burnett Avenue from Main Street to the U.S. Bank drive-through. The Market will operate every Saturday from May 4, 2024 to October 14, 2024 from 8:00 a.m. to 12:30 p.m. To facilitate set-up and teardown, streets and parking spaces need to be closed from 5:30 a.m. to 1:30 p.m. each day. To facilitate the event, organizers request a blanket Vending License for the entire Central Business District from 5:30 a.m. to 1:30 p.m. each day of the Market, which will allow downtown businesses that file an insurance certificate with the City to display items for sale on the sidewalks. The Chamber has requested that the $50 Vending License fee be waived. Organizers have also requested the use of Tom Evans Plaza between the hours of 5:30 a.m. and 1:30 p.m. for vendor booths and entertainment. As in previous years, this space would be used for entertainment and educational activities for children and families. However, to prevent damaging the turf in the plaza, vendors will not be permitted to use the turf areas for their activities. The use of electricity in Tom Evans Plaza, along Main Street and on Burnett Avenue has also been requested. Organizers have requested a waiver of the $5 per day fee for use of electricity. To facilitate the Market, organizers have also requested that the two- and four-hour limits in parking in CBD Lots X and Y be waived during Market hours. Additionally, 75 metered parking spaces will be closed for 4.5 metered hours each day the Market operates. City staff estimates that this will result in a loss of $2,025 to the Parking Fund. Market organizers have requested that the meter fees be waived because the Market is a non-profit organization, and in return the City would be included as a sponsor on all Market advertising materials. The City Council’s adopted parking fee waiver policy allows the City Council to waive parking fees on a case-by-case basis for requests that do not involve District-wide free parking. Last year, the City Council did not waive meter fees for this event. ALTERNATIVES: 1. Approve the requested street and parking space closures from 5:30 a.m. to 1:30 p.m. on Saturdays from May 4 to October 14, use of Tom Evans Plaza for entertainers, use of City electrical outlets, a blanket Vending License, suspension of parking enforcement in CBD Lots X and Y from 6:30 a.m. to 1:00 p.m. each of the affected days, and waiver of the fees only for the Vending License and electricity u s e . This alternative requires reimbursement for lost parking meter revenue in the amount of $2,025. 2. Approve the requests as stated in Alternative No. 1, but do not require Farmers’ Market to reimburse 168 the City for the Vending License, electricity use, or parking meter revenue. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: The Main Street Farmers’ Market has successfully attracted visitors to the Downtown for the last several years. It has become a signature event in Ames, enhancing the local economy and providing a family-friendly activity that showcases the Ames community. However. due to the overall poor health of the City’s Parking Operations Fund, staff is advising that the Council require reimbursement for lost parking revenue, as was the case in previous years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Letter of Support for 2024 Ames Main Street Farmers' Market.pdf Farmers' Market Application.docx Farmers' Market Request Letter.pdf 169 304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org January 31, 2024 Mayor and City Council City of Ames 515 Clark Ave Ames, IA 50010 Dear Mayor Haila and members of the Ames City Council, Ames Main Street is proud to offer its support for the 2024 Ames Main Street Farmers’ Market. We also endorse the closure of the streets along the 300 and 400 blocks for this weekly event. Events of this nature help Ames Main Street achieve its vision of making Downtown Ames the primary destination of Central Iowa by creating an economically vibrant district with unique living, dining, and entertainment experiences. Sincerely, Crystal D. Davis Executive Director Ames Main Street 170 171 172 173 ITEM #:27 DATE:03-12-24 DEPT:ELEC SUBJECT:ASH POND CLOSURE AND RDF ASH POND CONSTRUCTION COUNCIL ACTION FORM BACKGROUND: The City's Power Plant operated for over a century by combusting coal to generate electricity. The combustion of coal (and since the mid-1970s refuse-derived fuel, or RDF) generated ash as a byproduct. Although the Power Plant no longer burns coal, the combustion of RDF still results in ash being generated. The ash from the Power Plant is conveyed from the boilers to an ash impoundment pond several hundred yards to the east of the Power Plant. On April 17, 2015, a Final Rule from the Environmental Protection Agency entitled "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals (CCR) From Electric Utilities" was published in the Federal Register. This Rule regulated the disposal of ash in surface impoundments and landfills resulting from the burning of coal in electric utility boilers. Compliance with the CCR rule requires a major project to reconfigure the existing ash site in which approximately one-half of the site will become a closed-in-place impoundment for all the coal ash that is currently at the ash pond. The remaining half will be used to continue to receive RDF ash from the Power Plant. Compliance with the rule is required prior to April 2026. On November 28, 2023, City Council approved preliminary plans and specifications for Ash Pond Closure and RDF Ash Pond Construction. Bid documents were issued to 28 firms and three plan rooms. The bid was advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation. The bid contained a base bid item and an add alternate bid item. The base bid includes the work necessary to comply with the Environmental Protection Agency (EPA) regulations by constructing the close-in-place impoundment. The add alternate bid item is to reconstruct the lagoon, which would be necessary if RDF burning is to continue for the long term. On January 24, 2024, eight bids were received as shown in the table below. BIDDER BASE BID ADD ALTERNATE ELDER CORPORATION Des Moines, IA $2,198,995.00 $1,862,980.00 ON TRACK CONSTRUCTION LLC Nevada, IA $2,486,549.00 $2,612,872.00 JB HOLLAND CONSTRUCTION INC Decorah, IA $2,606,093.15 $2,527,699.00 RACHEL CONTRACTING LLC St Michael, MN $3,439,269.00 $2,923,705.25 RYAN INCORPORATED CENTRAL Janesville, WI $4,605,956.75 $2,614,381.00 174 VEIT & COMPANY INC Rogers, MN $4,505,704.99 $2,956,128.51 TETRA TECH EC, INC Parsippany, NJ $5,127,723.00 $3,508,104.00 CJ MOYNA & SONS LLC Elkader, IA $5,692,085.40 $3,082,358.60 The Engineer's estimate for this project is $5,100,000 for the base bid and $2,100,000 for the add- alternate bid. The current FY 2023/24 budget includes $6,957,484 for this project. SCOPE OF PROJECT: The first question analyzed by staff is whether to award the base bid only, or to award the larger scope that includes the base bid plus the add-alternate. Since the City is still evaluating the long-term future of waste to energy and burning RDF at the Power Plant, staff is not recommending awarding the add-alternate to reconstruct the RDF ash pond, at this time. If the add-alternate is not awarded, the Power Plant can continue to burn RDF for the near future. However, the capacity to combust RDF in the long-term will be more limited, which will make ash handling and maintenance of equipment more challenging and costlier. Therefore, if a decision is made to support RDF combustion in the long-term, it will require revisiting the question of reconstructing the RDF ash pond in the future. BID ANALYSIS: Experience working with coal ash is important with this project. Coal ash contains characteristics that are different than working with conventional soils on typical earthwork projects. It is important that the appropriate moisture is achieved through dewatering, decanting, and moisture conditioning. The material will need to be stacked and compacted according to carefully developed specifications to ensure a stable closure area. If the material is not stable it can collapse or have significant slope failure. Both types of failures are prohibited by regulations. Such a failure could result in serious injury, fines from the EPA, and contamination of adjacent waterways and land. Once the ash closure mound is completed for this project, it will be approximately 50 feet tall, stressing the importance to be compacted and constructed properly. The required experience was described in the contract documents in the construction quality assurance plan stating "the Construction Contractor will be experienced in surface impoundment closure, geomembrane liner installation, pipeline installation and final cover construction." Descriptions of the construction and required experience was also discussed in the pre-bid meeting held on December 11, 2023. Normally, a public improvement contract must be awarded to the lowest responsive, responsible bidder. However, Iowa Code allows contracts relating to public utilities to be awarded by the city as it deems to be in the best interests of the utility. As part of the preparation of the bid documents, staff included five critical elements to ensure the project would be awarded in the best interests of the utility. These five critical experience areas were: 1. Digging out ash 2. Moving and Handling ash 175 3. Piping Installation 4. Mounding and Compacting ash 5. Encapsulating the ash A qualified contractor needs to have experience in all five areas. The bid documents required all bidders to provide reference projects of similar nature and scope. References for the apparent low bidder showed experience in three of the five critical areas. Staff was not able to find adequate experience in moving and handling ash (#2) and mounding and compacting ash (#4). Therefore, staff believes awarding the contract to the apparent low bidder would not be in the best interests of the utility. When staff requested references from the next lowest bidder, the bidder stated it had no experience with CCR material (requested in criteria #1, #2, #4, & #5). Therefore, staff believes awarding the contract to the second lowest bidder would not be in the best interests of the utility. Staff then requested references from the third lowest bidder, JB Holland. This contractor's references described experience in all five necessary areas. Therefore, staff recommends awarding the base bid to JB Holland Construction, in the amount of $2,606,093.15. ALTERNATIVES: 1. Approve final plans and specifications and awarding a contract to JB Holland Construction, Inc., of Decorah, IA, in the amount of $2,606,093.15 (inclusive of sales tax) for the base bid only . 2. Approve final plans and specifications and awarding a contract to JB Holland Construction, Inc., of Decorah, IA, in the amount of $5,133,792.15 (inclusive of sales tax) for the base bid plus the add- alternate. 3. Award a contract to one of the other bidders. 4. Reject all bids and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary for the Power Plant to comply with the U.S. EPA's Coal Combustion Residuals rule. The project has been planned for the past several years and funding has been included in the Capital Improvements Plan to carry out the construction. Staff has consulted with the apparent lowest and second-lowest bidders to review their experience with the requirements outlined in the bid documents. Neither of these bidders has all the experience staff believes is critically necessary for the project. Ash handling differs greatly from handling other materials. It is essential that the ash be handled, mounded, compacted, and encapsulated using appropriate techniques. Failure to do so could risk serious injury, environmental damage, and regulatory fines. The third lowest bidder was evaluated using the same criteria as the first two bidders, and staff believes this bidder has the experience outlined in the bid documents as necessary to successfully complete the project. Therefore, the City Manager believes it is in the best interest of the electric utility for the City Council to adopt Alternative No. 1, and thereby approve final plans and specifications and award 176 a contract to JB Holland Construction, Inc., of Decorah, IA, in the amount of $2,606,093.15 (inclusive of sales tax) for the base bid only. 177 ITEM #:28 DATE:03-12-24 DEPT:PW SUBJECT:2021/22 STORMWATER DETENTION/RETENTION MAINTENANCE PROGRAM - (NORTHRIDGE HEIGHTS POND) COUNCIL ACTION FORM BACKGROUND: New developments within the community are required to provide stormwater management quantity control, maintaining stormwater runoff discharge at pre-developed conditions through use of extended detention and/or retention. As a standard provision of developers' agreements, the City of Ames has responsibility for the long-term maintenance of many of these facilities in residential areas. As these facilities age, sediment accumulates, volunteer vegetation becomes more prevalent, erosion occurs, and structures need to be improved. This annual program addresses those concerns. This project includes improvements to the large detention pond in the southwest corner on Northridge Heights, along the curve of GW Carver Avenue. On March 6, 2024, bids for the project were received as follows: Bidder Base Bid Amount Engineer's Estimate $ 94,980 Tallgrass Land Stewardship Co.$ 111,600 Alpha Landscapes LLC $ 137,987 On Track Construction, LLC $ 147,618 Con-Struct Inc $ 186,666 Revenue and expenses associated with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 21/22 Stormwater Det/Ret (Stormwater Utility Fund)$ 150,000 Construction (Low Bid) $ 111,600 Engineering/Administration $ 35,000 TOTAL $ 150,000 $ 146,600 ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for the 2021/22 Stormwater Detention/Retention Maintenance Program (Northridge Heights Pond) project. b. Approve the final plans and specifications for this project. c. Award the 2021/22 Stormwater Detention/Retention Maintenance Program (Northridge Heights Pond) project to Tallgrass Land Stewardship Co., of Waukee, Iowa, in the amount of $111,600. 2. Award the contract to one of the other bidders. 178 3. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will result in a more permanent control of erosion around the pond and will reduce recurring maintenance cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Project Map.pdf 179 G( D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D ) G(D) G(D) G(D) G(D) G(D) G(D) G(D) G(D) G(D) G(D) G(D) G(D) M M E T TVTM TVT T M CP #5001 ERIC & BETH VAUGHN 3332 FOXLEY DR CHUONG-TENG & LI-WEN TSENG 3326 FOXLEY DR KENNETH & MARIE MCCUSKEY 3320 FOXLEY DR MICHAEL & KRISTEN MYERS 3316 FOXLEY DR MARY & STEPHEN HOWELL 3308 FOXLEY DR JOHN & RUTH MACDONALD 3302 FOXLEY DR KENNETH TALBERT & KAREN BREITLING 3807 BRIDGEPORT DR JAMES & DIANNE JONES 3731 BRIDGEPORT DR JOHN & JOAN FITZSIMMONS 3725 BRIDGEPORT DR MATTHEW & RHONDA CARNEY 3719 BRIDGEPORT DR JON & TINA RICHARD 3713 BRIDGEPORT DR JOHN & BETH JOHNSON 3707 BRIDGEPORT DR JIANHUA YANG 3701 BRIDGEPORT DR StS( C ) StS( C ) EXISTING 54" APRON RCP FL: 924.36 (SE) EXISTING 54" APRON RCP FL: 923.42 (NW) CP #5002 EXISTING 48" APRON RCP FL: 920.67 (NE) EXISTING 48" APRON RCP FL: 921.59 (SW) EXISTING 18" APRON RCP FL: 921.98 (SW) EXISTING MH RIM: 930.42 BOTTOM: 911.36 StS(D) SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD CP #5000 EXISTING 48" APRON RCP FL: 923.52 (SE)StS ( D ) StS ( D ) StS ( D ) StS(C) StS(C) StS(C) EXISTING INTAKE 15" FL: 939.54 (NE) 15" FL: 939.44 (SW) EXISTING 15" APRON RCP FL: 928.84 (NE) St S ( C ) St S ( C ) St S ( C ) EXISTING 36" APRON RCP FL: 927.41 ACC PCC SHORT WIRE FENCE BRICK RETAINING WALL STEPS LANDSCAPE GRAVEL LANDSCAPE GRAVEL FL: 933.76 LANDSCAPE GRAVEL PCC EXISTING MH RIM: 931.85 StS(D) STORM SEWER (UNKNOWN) 6" SUBDRAIN 6" SUBDRAIN 48" RCP STORM SEWER 54" X 88" ARCH RCP STORM SEWER 15" RCP STORM SEWER 36" RCP STORM SEWER ADS STORM SEWER G( D ) G( D ) G( D ) G( D ) G( D ) G( D ) G( D ) G( D ) G( D ) G( D ) G(D ) G(D) G(D) G(D)G(D)G(D)G(D)G(D) E( D ) E( D ) E( D ) E( D ) E( D ) E( D ) E(D ) E(D ) E(D) E(D)E(D)E(D)E(D)E(D)E(D) G(D)G(D) G(D)G(D) G(D)G(D)G(D)G(D)G(D)G(D) G(D) G(D) G(D) E(D) E(D) E(D) E(D) E(D) E(D) E(D)E(D)E(D)E(D)E(D) E(D) E(D) E(D) E( D ) E( D ) E( D ) E( D ) E( D ) W(D ) W(D) W(D) W(D) W(D) W(D) W(D) W(D) W(D) W(D)W(D)W(D)W(D)W(D) W( D ) W( D ) W( D ) W( D ) W( D ) W( D ) W( D ) W( D ) W(D ) W(D ) W(D ) W(D) W(D) W(D) W(D)W(D)W(D)W(D)W(D)W(D) EXISTING MH RIM: 931.04 CP #5011 APPROXIMATE AREA OF OBSERVED SEEPAGE IN SLOPE 20.00' STORM SEWER & SURFACE FLOW EASEMENT 20 . 0 0 ' S T O R M S E W E R & SU R F A C E F L O W E A S E M E N T 30.00' P.U.E. PERMENENT POOL ELEVATION: 921.59 T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T 12" P V C 12" PVC 12" P V C N 0 GRAPHIC SCALE 80'40'120' Clapsaddle-Garber Associates, Inc 1523 S. Bell Ave. Suite 101 Ames, Iowa 50010 Ph 515-232-1784 www.cgaconsultants.com SHEET NO. DRAWN: CHECKED: DATE: DATE: APPROVED:DATE: PROJECT NO.DESIGNED:DATE:REVISIONNO.DATEBY DATEBYREVISIONNO. J: \ 2 3 - W R - 0 0 7 3 \ d w g s \ 5 _ S h e e t s \ 2 3 W R 0 0 7 3 - C . 2 0 1 ( C o n s t r u c t i o n B o u n d a r y ) . d w g - C . 2 0 1 C O N S T R U C T I O N B O U N D A R Y - 0 1 - 2 5 - 2 4 - 1 1 : 2 1 a m - r w a 2 8 6 CGA NORTHRIDGE HEIGHTS STORM WATER FACILITY REHAB C.201 23-WR-0073 AMES, IOWA CONSTRUCTION BOUNDARY JMG JMG MMB TSM ---- ---- ---- ---- CONSTRUCTION NOTES: CONSTRUCTION ENTRANCE. TO BE RESTORED AFTER PROJECT COMPLETION. CONSTRUCTION LIMITS. A B B B B B B B B B B B A A A GENERAL NOTES: ALL AREAS WITHIN CONSTRUCTION LIMITS SHALL BE RESTORED TO ORIGINAL CONDITIONS OR BETTER. THIS PROJECT IS LOCATED IN A HOMEOWNERS ASSOCIATION COMMON PROPERTY. THE CONTRACTOR SHALL USE CAUTION TO NOT DISTURB INDIVIDUAL HOMEOWNERS PROPERTY OUTSIDE OF THE PROJECT LIMITS TO ENSURE THE SAFETY OF THE PUBLIC DURING CONSTRUCTION. CONSTRUCTION DETAILS STABILIZED CONSTRUCTION ENTRANCEC.501 3 C.501 3 5.00' 35.00' 180 ITEM #:29 DATE:03-12-24 DEPT:PW SUBJECT:2023/24 ARTERIAL STREET PAVEMENT IMPROVEMENTS (AIRPORT RD - UNIVERSITY BLVD TO S. RIVERSIDE DR) COUNCIL ACTION FORM BACKGROUND: This annual program utilizes repair and reconstruction techniques to improve the City's arterial streets with asphalt or concrete. These pavement improvements are needed to restore structural integrity, serviceability, and rideability. Targeted streets are reaching a point of accelerated deterioration, but by improving the streets prior to excessive problems the service life can be extended before complete reconstruction becomes necessary. This project will be on Airport Rd from University Blvd to S. Riverside Drive. Construction will include replacing the existing westbound street pavement with 9” concrete pavement (base bid) and full depth patching along the eastbound lanes (alternate bid). On March 6, 2024, bids for the project were received as follows: Bidder Base Bid Amount Alternate 1 Base Bid + Alternate 1 Engineer's Estimate $1,300,838.40 $63,592.50 $1,364,430.90 All Star Concrete, LL $1,327,919.49 $54,067.50 $1,381,986.99 Shekar Engineering, P.L.C.$1,377,355.83 $49,960.67 $1,427,316.50 Reilly Concrete Co., Inc.$1,370,845.55 $68,227.50 $1,439,073.05 Concrete Technologies Inc.$1,383,924.97 $59,168.85 $1,443,093.82 Absolute Concrete $1,427,678.70 $69,363.00 $1,497,041.70 Revenue and expenses associated with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 23/24 Arterial St. (G.O. Bonds)$ 1,500,000 18/19 Low Point (Storm Water Fund)$ 200,000 Construction (Low Bid: Base + Alt 1) $ 1,381,986.99 Engineering/Administration $ 150,000.00 TOTAL $ 1,700,000 $ 1,531,986.99 ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for the 2023/24 Arterial Street Pavement Improvements (Airport Rd - University Blvd to S. Riverside Dr) project. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Arterial Street Pavement Improvements (Airport Rd - University Blvd to S. Riverside Dr) project to All Star Concrete, LLC of Johnston, Iowa, in the amount of 181 $1,381,986.99. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: By approving final plans and specifications and awarding the contract, this project will result in lower street maintenance costs, improve area drainage, and provide a better rideability. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Airport Rd Project Map.pdf 182 2023/24 Arterial Street Pavement Improvements Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersection LINCOLN WAY ROSS RD WEST ST ONTARIO ST PAMMEL DR OSBORN DR OAKLAND ST WOODLAND ST ST A N G E R D WA L L A C E R D BI S S E L L R D CA M P U S A V E FR A N K L I N A V E SH E L D O N A V E MO R R I L L R D GA R F I E L D A V E WO I R D BEYER CT STORY ST FA R M H O U S E L N IO W A A V E ELLIS ST SC O T T A V E WANDA DALEY DR ANNEAR ST WE L C H R D MA R S H A L L A V E MO R R I L L R D ¯Project Location Airport Rd - University Blvd to S. Riverside Dr Construct access in halves or full if the west North Loop Dr is fully open. Construct access in halves to maintain access to S Riverside Dr at all times. Construct access in halves or full if the east North Loop Dr is fully open. AIRPORT RD S R I V E R S I D E D R UN I V E R S I T Y B L V D SO U T H L O O P D R GREEN HILLS DR OAKWOOD RD SOUTHERN HILLS DR 183 ITEM #:30 DATE:03-12-24 DEPT:PW SUBJECT:2023/24 CONCRETE STREET PAVEMENT IMPROVEMENTS PROGRAM (PRAIRIE VIEW EAST AND PRAIRIE VIEW WEST) COUNCIL ACTION FORM BACKGROUND: The Concrete Street Pavement Improvements Program is the annual program for the removal and replacement of deteriorated pavements from concrete streets and replacement with a new pavement surface. This program restores surface texture and corrects structural deficiencies. These improvements result in reduced maintenance costs, better riding surfaces, increased safety with improved surface texture, and increased life expectancy of streets. This project will take place on Prairie View East and Prairie View West. The Prairie View East section is planned to have a mill and overlay with new asphalt surface, while the Prairie View West section will have areas of concrete patching and full reconstruction. On March 6, 2024, bids were received as follows: Bidder Base Bid Engineer's Estimate $1,165,303.30 Con-Struct $1,015,443.00 Shekar Engineering $1,031,852.02 Absolute Concrete $1,058.572.90 Reilly Construction $1,138,828.75 A table of total revenues and estimated costs is shown below: Funding Source Available Revenue Estimated Expenses 2023-24 Concrete Street Program (GO Bonds)$900,000 2023-24 Asphalt Street Program (GO Bonds)$500,000 Engineering/Administration $ 200,000 Construction (Low Bid) $1,015,443 Total $1,400,000 $1,215,443 ALTERNATIVES: 1. The City Council can do the following: a. Accept the report of bids for the 2023/24 Concrete Street Pavement Improvements Program project. b. Approve the final plans and specifications for this project. c. Award the 2023/24 Concrete Street Pavement Improvements Program project to Con-Struct, of Ames, Iowa, in the amount of $1,015,443. 184 2. Do not proceed with this project CITY MANAGER'S RECOMMENDED ACTION: Accepting the report of bids and awarding a bid will allow this project to proceed, improving street conditions and lowering maintenance costs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Prairie View East and West Location Map.pdf 185 186 ITEM #:31 DATE:03-12-24 DEPT:W&PC SUBJECT:ENVIRONMENTAL IMPACT DOCUMENT FOR NUTRIENT REDUCTION MODIFICATIONS PHASE I AT WATER POLLUTION CONTROL FACILITY COUNCIL ACTION FORM BACKGROUND: The first phase of the Water Pollution Control Facility Nutrient Reduction Modifications project includes the construction of two activated sludge basins, aeration and process equipment for the new activated sludge system, an expansion of the existing solids contact splitter box, a new electrical building, new grit handling/screening equipment in the existing raw building, and the demolition of the existing administration building and construction of a new administration and maintenance building, and all necessary connections and appurtenances. An Environmental Information Document (EID) has been prepared by the Iowa Department of Natural Resources (IDNR), which evaluated potential impacts caused by the construction of the project. The conclusion of the EID is that the project will have "no adverse impact" on: Any State parks, recreational areas, or open spaces; Wetlands; Any threatened, protected, or endangered species; The 100-year flood plain; Surface or groundwater quality or quantity; fish, shellfish, wildlife, or their natural habitats; and, Historic or culturally significant properties. Staff has reviewed the EID and found no errors or omissions and agrees with the conclusions offered. The IDNR requires that the City hold a hearing where the public can offer comments on the EID, after which the Mayor would sign the EID, indicating that it is accurate to the best of his knowledge. This hearing, while required as a condition of the State Revolving Fund (SRF) loan process, takes no action on the loan. A separate hearing will be held before the City enters into any financial agreements with the SRF loan program. PUBLIC OUTREACH : The availability of the EID was publicized in multiple ways. A formal Public Notice was published in the Ames Tribune on February 7, 2024. A copy of the notice was also posted in the lobby of City Hall and at the entrances of both the Water Pollution Control Facility and the Water Treatment Plant. Additionally, a layperson description was shared on the City’s social media platforms. All of the outreach methods explained the availability of project documents and contact information for the City’s project manager. As a part of the State's development of the EID, the following federal, state, and local agencies were asked to comment on the proposed project to better assess any potential impacts. 187 U.S. Army Corps of Engineers U.S. Fish and Wildlife Service State Historical Society of Iowa (State Historical Preservation Office) Iowa DNR Conservation and Recreation Division Iowa DNR Flood Plain Management Section Citizen Band Potawatomi Indian Tribe Flandreau Santee Sioux Ho-Chunk Nation Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma Kickapoo Tribe in Kansas Kickapoo Tribe of Oklahoma Lower Sioux Indian Community Council Miami Tribe of Oklahoma Omaha Tribal Council Osage Tribal Council Otoe-Missouria Tribe Pawnee Nation of Oklahoma Peoria Tribe of Indians of Oklahoma Ponca Tribe of Indians of Oklahoma Ponca Tribe of Nebraska Prairie Band Potawatomi Nation Prairie Island Indian Community Sac & Fox Nation of Mississippi in Iowa Sac & Fox Nation of Missouri Sac & Fox Nation of Oklahoma Santee Sioux Nation Shakopee Mdewakanton Sioux Community Sisseton-Wahpeton Oyate Spirit Lake Tribal Council Three Affiliated Tribes Mandan, Hidatsa & Arikara Nations Upper Sioux Tribe Winnebago Tribal Council Yankton Sioux Tribal Business and Claims Committee Ames Historic Preservation Commission No adverse comments were received from any of these agencies or from the general public. ALTERNATIVES: 1. Authorize Mayor Haila to sign the Iowa Department of Natural Resources’ Environmental Information Document on behalf of the City of Ames after completing the public hearing on March 12, 2024. 2. Do not approve the Environmental Information Document. Since the City’s concurrence with the document is a required procedural step, this would jeopardize the City’s ability to obtain financing or a construction loan. Ultimately, this would result in a violation of the facility’s National Pollutant Discharge Elimination System (NPDES) permit. 188 CITY MANAGER'S RECOMMENDED ACTION: Use of the Clean Water State Revolving Fund (CWSRF) to finance the construction of the Nutrient Modifications Project Phase I has been identified as the most cost-effective financing vehicle for this project. A procedural step in securing the SRF loan is the development of an Environmental Information Document. The Iowa Department of Natural Resources prepared the required document following an extensive outreach to potentially interested parties and agencies. Additionally, the City advertised the availability of the document by placing a notice in the Ames Tribune, posting notices at City Hall, the Water Plant, and the Water Pollution Control Facility, and by promoting on the City's social media platforms. Following the outreach efforts, no adverse feedback was received by either the City or the Iowa DNR. Staff concur with the findings and conclusions of the document. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. ATTACHMENT(S): Public Hearing Notice.pdf Social Media posting.pdf CS192110901_EID 3.1.2024 FINAL VERSION.pdf 189 19 0 A copy of one of the Facebook posts regarding the Environmental Information Document and associated public hearing. 191 INVESTING IN IOWA’S WATER www.iowasrf.com Why You Should Read This: The document below reviews the environmental impact likely from a project. This project is planned to be federally funded through your tax dollars; therefore, you are entitled to take part in its review. If you have concerns about the environmental impact of this project, raise them now. We encourage public input in this decision making process. IOWA STATE REVOLVING FUND ENVIRONMENTAL INFORMATION DOCUMENT PROJECT IDENTIFICATION Applicant: City of Ames SRF Number: CS1921109 01 County: Story Iowa DNR Project Number: W2023-0016A State: Iowa COMMUNITY DESCRIPTION Location: The City of Ames is located in Story County, Iowa approximately 30 miles north of Des Moines, Iowa and 40 miles southeast of Fort Dodge, Iowa. Population: The population of Ames according to the 2020 US Census was 66,427. The design population equivalent for the year 2045 is 83,850. Current Waste Treatment: The City of Ames (City) operates wastewater conveyance and treatment facilities that provide services to the residents, businesses, and industries in the City. Treatment facilities include one water pollution control facility (WPCF) and its associated separate sanitary sewer collection and conveyance systems. The WPCF was originally constructed in 1989 and has undergone upgrades and modifications over the years. Liquid treatment at the WPCF consists of screening, influent pumping, flow equalization basins, grit removal, primary clarification, two-stage trickling filters, biological contact activated sludge, intermediate and secondary clarification, and ultraviolet (UV) disinfection. Effluent from the WPCF is discharged to the South Skunk River. Biosolids treatment consists of sludge co-thickening in the primary clarifiers, anaerobic digestion, and a sludge storage lagoon. Some of the equipment within the WPCF have reached the end of their service life and are in need of replacement or are unable to meet capacity needs. Updates to the WPCF are necessary to continue meeting NPDES and overall nutrient reduction goals. 192 EID Page 2 City of Ames CS1921109 01 INVESTING IN IOWA’S WATER www.iowasrf.com PROJECT DESCRIPTION Purpose: The purpose of this project is to make improvements to the wastewater treatment facilities to enhance their reliability, increase capacity and to replace obsolete system to safely and reliably operate the City of Ames’s wastewater system for the next 20 years. Proposed Improvements: The proposed project involves: the construction of two activated sludge basins, a new ML Splitter Structure, aeration equipment for the new activated sludge system, an expansion of the existing solids contact splitter box, and a new electrical building; the installation of RAS pumping station and centrifugal pumps, a sludge densification hydrocyclone system, a multirake bar screen, screening wash press, manual bar rack, grit handling equipment in a new grit removal building; and the demolition of the existing administration building and construction of a new administration and maintenance building; and all necessary connections and appurtenances. Receiving Stream: The treated wastewater from the proposed facility will discharge to the South Skunk River. It has a use stream designation of A1, B(WW2). The is classified as a water stream. Class A1 are waters in which recreational or other uses may result in prolonged and direct contact with the water, involving considerable risk of ingesting water in quantities sufficient to pose a health hazard. Such activities would include, but not be limited to, swimming, diving, water skiing, and water contact recreational canoeing. B(WW2) indicates waters in which flow or other physical characteristics are capable of supporting a resident aquatic community that includes a variety of native nongame fish and invertebrate species. The flow and other physical characteristics limit the maintenance of warm water game fish populations. These waters generally consist of small perennially flowing streams. ALTERNATIVES CONSIDERED Alternatives Considered: In the City’s 2019 Nutrient Reduction Feasibility Study, several potential nutrient reduction technologies were evaluated and shortlisted. The technologies evaluated included conventional BNR activated sludge, simultaneous nitrification-denitrification (SNDN) activated sludge, membrane aerated biofilm reactors (MABRs), integrated fixed film activated sludge (IFAS), and aerobic granular sludge (AGS). In the 2019 study, three alternatives were shortlisted for future evaluation: conventional BNR activated sludge, SNDN activated sludge, and AGS. Based on feedback from the City conducted as part of the development of the Facility Plan, the same shortlisted nutrient reduction technologies were considered. Several bar screens and perforated plate/band screens were evaluated in the facility plan for their effectiveness. Three grit removal technologies are evaluated for improved grit removal performance at the WPCF to protect equipment downstream of the Raw Wastewater Pump Station. Reasons for Selection of Proposed Alternative: Based on the monetary and nonmonetary evaluation for the nutrient reduction alternatives presented in the Facility Plan, the City has selected to proceed with Alternative BNR2– Simultaneous Nitrification-Denitrification (SNDN) Activated Sludge (as numbered in the Facility Plan). In this alternative, a new SNDN activated sludge system is constructed to replace the trickling filters. The nutrient reduction selection impacts the screening technology selection, as finer screening (particularly perforated plate screens) is recommended for the AGS alternatives (BNR3a or BNR3b) but are not required for Alternatives BNR1 or BNR2. Therefore, the City has chosen to install bar screens. The selection of headworks alternatives is also impacted by the location of the proposed nutrient reduction infrastructure. Alternative BNR2 includes construction of the activated sludge system to the west of the Raw Wastewater Pump Station. 193 EID Page 3 City of Ames CS1921109 01 INVESTING IN IOWA’S WATER www.iowasrf.com However, this would not allow implementation of a headworks alternative that includes a new screening or grit facility in the same location as the proposed activated sludge tanks. While Alternative BNR2 assumed a new activated sludge system would be installed west of the Raw Wastewater Pump Station for the purposes of a nutrient reduction technology selection, there are other options to site the activated sludge system at the WPCF that would allow a new screening or grit facility to be constructed in this location. The preliminary location of the proposed activated sludge system for Alternative BNR2 (west of the Raw Wastewater Pump Station) was chosen based on the available space on-site without the demolition or relocation of significant existing structures or buildings. However, this location has some drawbacks, including limited space for expansion, relocation of existing utilities, and significant sitework associated with constructing tanks into the existing hill. Concurrently with the nutrient reduction and headworks planning included in this Plan, the City is planning renovations to the Administration Building at the WPCF. The existing Administration Building is in need of updating and is also located in a relatively flat space adjacent to the final clarifiers. This provides an opportunity for relocation of the Administration Building to another location on-site and construction of the proposed activated sludge system in the location of the existing Administration Building. Two siting alternatives for the nutrient reduction and headworks improvements were evaluated based on monetary and nonmonetary considerations. The project site was selected for the availability of land (it is already City-owned) as well as minimization of the impacts to the environment. MEASURES TAKEN TO ASSESS IMPACT Coordination and Documentation with Other Agencies and Special Interest Groups: The following Federal, state and local agencies were asked to comment on the proposed project to better assess the potential impact to the environment: U.S. Army Corps of Engineers U.S. Fish and Wildlife Service State Historical Society of Iowa (State Historical Preservation Office) Iowa DNR Conservation and Recreation Division Iowa DNR Flood Plain Management Section Citizen Band Potawatomi Indian Tribe Flandreau Santee Sioux Ho-Chunk Nation Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma Kickapoo Tribe in Kansas Kickapoo Tribe of Oklahoma Lower Sioux Indian Community Council Miami Tribe of Oklahoma Omaha Tribal Council Osage Tribal Council Otoe-Missouria Tribe Pawnee Nation of Oklahoma Peoria Tribe of Indians of Oklahoma Ponca Tribe of Indians of Oklahoma Ponca Tribe of Nebraska Prairie Band Potawatomi Nation Prairie Island Indian Community 194 EID Page 4 City of Ames CS1921109 01 INVESTING IN IOWA’S WATER www.iowasrf.com Sac & Fox Nation of Mississippi in Iowa Sac & Fox Nation of Missouri Sac & Fox Nation of Oklahoma Santee Sioux Nation Shakopee Mdewakanton Sioux Community Sisseton-Wahpeton Oyate Spirit Lake Tribal Council Three Affiliated Tribes Mandan, Hidatsa & Arikara Nations Upper Sioux Tribe Winnebago Tribal Council Yankton Sioux Tribal Business and Claims Committee Ames Historic Preservation Commission No adverse comments were received from any agencies or general public. Conditions placed on the applicant by the above agencies in order to assure no significant impact are included in the Summary of Reasons for Concluding No Significant Impact section. ENVIRONMENTAL IMPACT SUMMARY Construction: Traffic patterns within the community may be disrupted and above normal noise levels in the vicinity of the construction equipment can be anticipated during construction and should be a temporary problem. Adverse environmental impacts on noise quality will be handled by limited hours of contractor work time during the day. Other adverse environmental effects from construction activities will be minimized by proper construction practices, inspection, prompt cleanup, and other appropriate measures. Areas temporarily disturbed by the construction will be restored. Solid wastes resulting from the construction project will be regularly cleared away with substantial efforts made to minimize inconvenience to area residents. Care will be taken to maintain dirt to avoid erosion and runoff. The proposed project will disturb one or more acres of soil; therefore, the applicant is required to obtain an NPDES General Permit Number 2 (for storm water discharge associated with construction activities) and abide by its terms. Provided that this permit is obtained and the terms of which are abided by, no significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected. Temporary air quality degradation may occur due to dust and fumes from construction equipment. The applicant shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property during the proposed project (567 Iowa Administrative Code IAC 23.3(2)“c”). Historical/Archaeological: The State Historical Preservation Office (SHPO), the Certified Local Government and various Native American tribes with an interest in the area were provided information regarding the project. The DNR has determined, and the SHPO has concurred (R&C#240285085), that this undertaking will result in “no adverse effect” to historic properties based on the scope of the project and the prior use of the project. However, if project activities uncover any item(s) that might be of archaeological, historical, or architectural interest, or if important new archaeological, historical, or architectural data should be encountered in the project APE, the applicant should make reasonable efforts to avoid further impacts to the property until an 195 EID Page 5 City of Ames CS1921109 01 INVESTING IN IOWA’S WATER www.iowasrf.com assessment can be made by an individual meeting the Secretary of the Interior’s professional qualifications standards (36 CFR Part 61). Environmental: According to the Iowa DNR Conservation and Recreation Division, the proposed project will not interfere with any State-owned parks, recreational areas or open spaces. The U.S. Army Corps of Engineers concurs that the project will not impact wetlands. The project will not impact any wild and scenic rivers as none exist within the State of Iowa. The U.S. Fish & Wildlife Service Section 7 Technical Assistance website consultation determined, and Iowa DNR Conservation and Recreation Division agree, that the project will not impact protected species or their habitats provided that any tree cutting is conducted between October 1 and March 31 to avoid impacting endangered bats. However, if any State- or Federally-listed threatened or endangered species or communities are found during the planning or construction phases, additional studies and/or mitigation may be required. According to the Iowa DNR Flood Plain Management Section, this project will not impact the 100-year floodplain provided all necessary local floodplain development permits are obtained and the terms of which are abided by. No adverse impacts are expected to result from this project, such as those to surface water quantity, or groundwater quality or quantity. Therefore, no significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected. Land Use and Trends: The project will not displace population nor will it alter the character of existing residential areas. The proposed project is within the present boundaries of the Water Pollution Control Facility. This in an A-1 Agricultural Zone with an existing conditional use permit that allows the use as a wastewater treatment facility within that A-1 zone. No significant farmlands will be impacted. This project should not impact population trends as the presence or absence of existing water/sewer infrastructure is unlikely to induce significant alterations in the population growth or distribution given the myriad of factors that influence development in this region. Similarly, this project is unlikely to induce significant alterations in the pattern and type of land use. Irreversible and Irretrievable Commitment of Resources: Fuels, materials, and various forms of energy will be utilized during construction Environmental Justice: Based on the current EPA EJScreen tool, this project area has been evaluated for Environmental Justice (EJ) and is not considered a community of concern at the time of this review and for the purposes of this proposed project. The EJScreen report is available upon request. Nondiscrimination: All programs, projects, and activities undertaken by DNR in the SRF programs are subject to federal anti-discrimination laws, including the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and section 13 of the Federal Water Pollution Control Amendments of 1972. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability, or age. POSITIVE ENVIRONMENTAL EFFECTS TO BE REALIZED FROM THE PROPOSED PROJECT Positive environmental effects will be improved treatment of the wastewater from the City of Ames, compliance with effluent discharge permit limits, reduced discharge of the pollutants and nutrients to the receiving stream, and improved water quality in the receiving stream. SUMMARY OF REASONS FOR CONCLUDING NO SIGNIFICANT IMPACT 196 EID Page 6 City of Ames CS1921109 01 INVESTING IN IOWA’S WATER www.iowasrf.com • The project will not significantly affect the pattern and type of land use (industrial, commercial, agricultural, recreational, residential) or growth and distribution of population. • The project will not conflict with local, regional or State land use plans or policies. • The project will not impact wetlands. • The project will not affect threatened and endangered species or their habitats provided that any tree cutting is conducted between October 1 and March 31 to avoid impacting endangered bats. If any State- or Federally-listed threatened or endangered species or communities are found during the planning or construction phases, additional studies and/or mitigation may be required. • The project will not displace population, alter the character of existing residential areas, or convert significant farmlands to non-agricultural purposes. • The project will not affect the 100-year flood plain provided all necessary local floodplain development permits are obtained and the terms of which are abided by. • The project will not have effect on parklands, preserves, other public lands, or areas of recognized scenic or recreational value. • No historic properties will be adversely affected by the proposed project. However, if project activities uncover any item(s) that might be of archaeological, historical, or architectural interest, or if important new archaeological, historical, or architectural data should be encountered in the project APE, the applicant should make reasonable efforts to avoid further impacts to the property until an assessment can be made by an individual meeting the Secretary of the Interior’s professional qualifications standards (36 CFR Part 61). • The project will not have a significant adverse effect upon local ambient air quality provided the applicant takes reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property during the proposed project (567 IAC 23.3(2)“c”). • The project will not have a significant adverse effect upon local ambient noise levels, surface water quantity, groundwater quality or quantity, or water supply. • No significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected provided that an NPDES General Permit Number 2 (for storm water discharge associated with construction activities) is obtained and the terms of which are abided by. The project description, scope, and anticipated environmental impacts detailed above are accurate and complete to the best to my knowledge. Signature of the Mayor, City of Ames Date Printed Name of the Mayor, City of Ames 197 198 199 ITEM #:32 DATE:03-12-24 DEPT:Electric SUBJECT:MODIFICATIONS TO COMMERCIAL ELECTRIC VEHICLE CHARGING RATE COUNCIL ACTION FORM BACKGROUND: On January 10, 2023, the City Council adopted an ordinance to establish a Commercial Electric Vehicle Charging Rate in the Ames Municipal Code (Sec. 28.106). Currently, one customer takes service under this rate. Over time, staff anticipates more customers taking advantage of this rate in the future. The purpose of the rate is to encourage the charging of commercial electric vehicles during off-peak hours, when the cost for the utility to purchase electricity is low and the use is not expected to contribute to setting a new utility-wide electrical consumption peak. Under the current code language, the billing demand calculated for customers using this rate is the greater of five measurements: A) The peak 15-minute demand measured Monday-Friday from 9 am to 9 pm ("Premium Hours"), B) 30% of the peak demand measured all other hours ("Economy Hours"), C) 75% of the peak demand measured in the prior 11 summer months, D) 60% of the peak demand measured in the prior 11 months (regardless of season), or E) 40 kVA (this serves as a minimum demand for this rate class) These different measurements incentivize customers to use their charging infrastructure during the non-peak "Economy Hours". Doing so allows the customer to qualify for Measurement B to be used to calculate the demand charge. This is a substantial discount compared to the typical commercial rate calculations. However, if a customer uses their charging infrastructure during peak hours for a particular month, the effect will be that their bill for that month will be calculated using that peak demand (Measurement A), and that new peak demand will impact future bills for at least the next 11 months (Measurement C or Measurement D). This results in substantial penalties for a customer charging during a peak time. After the first year of implementation, Electric staff analyzed customer usage to determine if the rate accomplished what was intended and whether any adjustments are necessary. From the data analysis, staff is recommending that the length of the "Premium Hours" should be reduced, thereby increasing the discounted demand period. This change would greatly benefit the customer by giving them more flexibility when charging and shrinks the peak demand change window. This change benefits the Utility by placing more focus on the critical peak period of the day (3 pm to 8 pm) when the Utility typically achieves a new peak. Under the proposed code language, the billing demand would be the greater of A) the peak 15- minute demand measured Monday-Friday from 3 pm to 8 pm or B) 30% of the peak demand measures all other hours. This discount is to incentivize customers to charge outside of the Utility's peak period. This change reducing the on-peak demand window from twelve hours to five hours. 200 ALTERNATIVES: 1. Approve second passage of ordinance amending Chapter 28 Section 28.106 of Ames Municipal Code approving Minor Changes to Commercial Electric Vehicle Charging Rate. 2. Refer this item to staff for further consideration. CITY MANAGER'S RECOMMENDED ACTION: This change to the City's Electric Vehicle charging rate directly benefits electric customers by expanding the window when discounted rates can be applied. At the same time, standard rates are applied if the charging contributes to the City's peak consumption. This is sound rate design containing both incentives and disincentives. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Ordinance Electric Vehicle Chrg Rate.PDF 201 ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 28.106 THEREOF, FOR THE PURPOSE OF AMENDING COMMERICAL ELECTRIC VEHICLE CHARGING RATE REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 28.106 as follows: “Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE. … (2)Intent: Electric Services is a summer peaking electric utility, and as such, the The cost to deliver electricity is generally most expensive during hours of greatest demand. The utility benefits when large electric users reduce their demand during these times. A time-of-day rate is a pricing strategy whereby Electric Services may vary the price of electricity depending on the time-of-day it is delivered to the customer. Energy pricing can encourage the customer to use electricity during times of low demand and discourage use during the peak times of the day. Time-of-day pricing allows Electric Services to better control costs and mitigate any negative system impacts related to times of peak demand. Additionally, offering off-peak rates encourages broader adoption of electric vehicles by allowing low-cost, off-peak energy for customer vehicle charging. (3)Definitions: (a)Premium Energy Hours: Monday through Friday between the hours of 9:00 am and 9:00 pm, excluding federally observed Holidays: (b)Economy Energy Hours: All remaining hours (c)Billing Demand: The “billing demand” shall be the greater greatest of: (i)The peak fifteen (15) minute demand measured between 3:00 p.m. and 8:00 p.m., Monday through Friday during the premium hours of the current monthly billing period; (ii)Thirty percent (30%) of the peak fifteen (15) minute demand measured during all other the economy hours of the current monthly billing period; … Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2024. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 202 ITEM #:33 DATE:03-12-24 DEPT:P&H SUBJECT:TEXT AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 29 (ZONING ORDINANCE) TO ALLOW TWO-FAMILY (DUPLEX) DWELLINGS IN ALL RESIDENTIAL ZONING DISTRICTS COUNCIL ACTION FORM BACKGROUND: The City Council has identified implementing the Ames Plan 2040 initiatives related to infill development options for housing as a priority. Additionally, the Council values adding diversity in housing opportunities. Allowing two-family dwellings within all residential zoning districts supports these priorities of the Council. City Council directed staff in August of 2023 to do public outreach on infill housing of ADUs and D uple xe s. On October 10, 2023, after reviewing the public outreach responses, City Council directed staff to proceed with zoning text amendments to allow new construction of two-family dwellings (also known as duplexes) within low density residential zoning districts citywide, based upon the draft compatibility standards used for public outreach. Conversions of existing structures will not be allowed, only new construction that conforms to new standards. Staff has refined the standards consistent with this direction and a complete draft of the proposed ordinance is included as Attachment “A”. City Council also provided direction on how to consider two-family dwellings within the “Near Campus Neighborhood” areas. Council directed that the minimum lot size in Near Campus Neighborhoods for two-family dwellings be increased from 7,000 sq. ft. to 10,000 sq. ft. Existing Near Campus two-family dwellings on lots less than 10,000 sq. ft. will become “pre-existing” status, but no new two-family dwellings can be built on lots less than 10,000 sq. ft. Occupancy for rental purposes will be limited to the 2018, bedroom count. Accordingly, total allowable bedroom count for rental occupancy purposes in “Near Campus Neighborhoods” will not be increased with the construction of a new two-family dwelling. Summary of Changes to Chapter 29- Zoning Ordinance The proposed standards address the following primary issues: Existing Duplexes are not subject to the new standards for additions or changes Allowed in all residential zoning districts except Village (Sommerset), private covenants may still restrict their development. New second curb cut allowance to facilitate separated parking designs for a site Minimum of one covered parking space is required per unit. Planning Division staff must approve a zoning permit for design review prior to issuing a building permit. New construction in existing areas must include design elements of roofs form, entrances, window transparency, and orientation consistent with housing on the same block, or nearby if small block. Front door orientation and setbacks from front facades 203 Standards unique to two-family dwellings are proposed in Section 29.410(2). This section includes standards applicable to new construction of all two-family dwellings. There are also additional standards for infill sites located within established neighborhoods. Existing two-family dwellings will be considered “pre-existing” as defined within the Zoning Ordinance and will not be subject to the new standards for remodeling and additions. Pre-existing units may continue indefinitely; however, should a pre-existing two-family dwelling be demolished, the new two-family dwelling would be subject to all current standards. Where Permitted. Currently, two-family dwellings are limited to the RM, FS-RM and RH zoning d i s t r i c t s . The change will allow two-family dwellings in residential zoning districts where previously only pre-existing two-family dwellings were allowed, which include, RL, UCRM, & FS-RL. F-VR Village Residential zoning is not being amended at this time, as this zone only applies in Somerset which has unique design requirements and covenants limiting certain building types. Additionally, the new design requirements will apply in RM, FS-RM, and RH which is more restrictive than today where they are permitted with no additional requirements. Please note that although the zoning may allow for two-family homes, private subdivision covenants may still restrict this building type just as was discussed during the ADU text amendment process. Single-family homes will not be allowed to convert to a two-family use. Two-family dwellings will only be allowed only as new construction. New construction can be on a vacant lot in an established neighborhood or built as new development. Parking & Driveways . The current requirement for two parking spaces per dwelling will continue; however, a garage space will be required for one of the spaces per unit. Currently in the city there are no covered parking requirements, but this was added in consideration that most single-family neighborhoods do include at least one covered garage parking space. The standards do not preclude the use of a two-car garage for each dwelling; however, other standards such as maximum driveway width and driveway separation requirements, as well as compatibility standards for established neighborhoods will influence the design and may limit the orientation of the garage to a street or potentially its overall size. Existing requirements allow a garage door width no greater than 20 feet per dwelling unit (Section 29.408(7)(a)(iii)(d)). Constructing a two-family dwelling with 40 feet of continuous garage doors facing the street will not meet existing neighborhood compatibility standards and will have to be broken up or placed in the rear. Current driveway regulations for single-family and two-family properties limit a property to one curb cut & driveway unless there is 150 feet of frontage. Essentially, a site must be a corner lot to have a second driveway. Additionally, there is a 75’ separation distance required (Section 29.406(10)(b)(ii)). As staff evaluated the design goals for two-family dwellings and in response to one developer comment, staff concluded having only one 20’ wide driveway on a two-family property would limit design layout options and functionality. In some cases, a single driveway access point may be able to allow for a driveway to flare out and provide access to multiple garages. If the one driveway limit is maintained, it would not allow for split garage designs on opposite sides of the building. It would result in only one garage space per unit unless the garage is in a rear yard. Allowing the second curb cut would take a street parking space away but give the builder more choices in building design. Allowing two-family dwellings to have more than one driveway cut was not discussed during public outreach, but this change is proposed in the draft ordinance by staff. 204 Staff met with the city’s traffic engineer to better understand SUDAS regulations and to understand required driveway design standards and spacing. No change to the actual design requirements is proposed for driveway approach design, all driveways would still require at least a 3-foot taper at the curb and typically 5 feet of curb would be needed between tapers, resulting in 11 feet of separation. Functionally, a property would likely have to have at least 65 feet of lot frontage to accommodate two driveways and potentially meet the other design requirements. Staff supports amending Section 29.406(10)(b)(ii) to allow two driveways for two-family dwellings with the intent that neighborhood compatibility would still apply and not necessarily permit split driveway designs in all neighborhoods. Design and Orientation. The proposed standards require two-family dwellings to be designed to have the appearance of two identifiable separate units in terms of materials and architectural treatments, when both front doors face the street on the primary facade. This standard will apply to all new two-family dwellings. Alternatively, the building can locate one entrance on the primary façade with the second unit’s entrance to the side or rear. Two-family dwellings located on a corner lot may locate a front door on each street facing façade as well. Dwelling units may be located side-by-side, in tandem (second unit behind front unit), or stacked. Entrances. The primary entrance for at least one of the units shall be on the primary façade or on a recessed façade that is setback from the primary façade by not more than 12 feet. The draft regulations used the term “not substantially setback from the front façade.” A recess of more than 12 feet is now defined as substantial. Within the Zoning Ordinance, several overlay zones require a minimum (4-foot or 8-foot) recessed façade along with the primary façade. Having a recessed façade can add variation and interest in the building form when it is appropriately dimensioned. Windows and Transparency . All primary façades shall include a minimum solid to void ratio of 15%. This prevents blank walls that create a blocked-off street frontage. This standard is already utilized in the Single-Family Conservation Overlay (O-SFC). Current definitions describe how the standard is applied. Block Face Evaluation and Neighborhood Compatibility . Ames Plan 2040 policies emphasize infill compatibility and the protection of neighborhood character in established neighborhoods. Compatibility of new construction will be achieved by incorporating a prevalent architectural style and/or prevalent features currently existing on the block face within established neighborhoods into the design. An evaluation of the block face will determine if a uniform architectural style is present among the single-family homes and/or if prevalent styles exist in the treatment of roof design, primary entries, windows, and garage placement. The block face includes all properties facing one side of a street in a block. Neighborhood “style” varies among neighborhoods depending upon the year of construction. New neighborhoods are proposed to be exempt from the strict application of the design compatibility due to lack of established character. The most notable feature that will be determined by the block face evaluation will be the determination of where driveways and garages can be placed in relation to the front (street facing) façade of the building. There are three garage/driveway patterns that may emerge within established neighborhoods: A flush or nearly flush front-loaded garage accompanied by a driveway not having a width 205 greater than 20 feet (most predominant pattern). Garages that protrude from the front façade are not allowed, unless it can be documented that this pattern is existing and prevalent on the street block. A street-facing garage door(s) shall not exceed 50 percent of the total front façade width. An attached or detached garage located at the rear of the house or in the rear yard accompanied by a driveway usually along one side of the house. Locate the garage at the rear of the two-family dwelling or as a detached garage in the rear yard. Alternatively, the garage may be located a minimum of 18’ from the front façade of the two-family dwelling. All garages, attached or detached, shall be set back a minimum distance of 18 feet behind the primary facade of the principal building on the lot. An attached or detached garage located at the rear of the house or in the rear yard accessed from an alley. Garages shall be located either at the rear of the two-family dwelling or as a detached garage in the rear yard. Any new driveway shall be constructed with access only from the alley. The driveway leading from an alley to the entrance of a garage shall be either 8 feet from the property line abutting the alley or a minimum of 20 feet from the property line abutting the alley. In all areas, side loading and rear placed garages are allowed, if other required standards are met. Additionally, detached garages shall comply with the accessory building regulations described in Sec. 29.408(7), for allowable setbacks, maximum size, and maximum building height. Other features that might emerge from the evaluation and impact the design are roof design, entrance features, and window styles and proportions. Incorporate prevalent roof forms from the block face evaluation that represent compatible features, such as hipped roofs, gables, and dormers. Entrances. Incorporate prevalent entrance features from the block face evaluation that represent compatible features, such as porches, stoops, sidelights. Windows and Transparency. Incorporate window style and proportions from the block face evaluation, if a predominate style is evident. This is key element in that generally single-family home windows are important design feature of a single-family home and exceed minimum dimensions of the building code. When a structure utilizes only minimum dimension requirements of the building code, it will often not be consistent with surrounding home designs. Block faces with an eclectic mix of single-family home styles will have few, if any, features to replicate and there will be more flexibility for the builder to propose a design that is generally compatible with the block. A zoning permit will be required for two-family dwellings before a building permit can be issued. This will allow review for compliance with the two-family standards of the zoning ordinance. The application for a two-family home zoning permit will require an applicant to assess the block face and identify what features are proposed to address these criteria. PLANNING & ZONING COMMISSION RECOMMENDATION : On January 17, 2024, the Planning and Zoning Commission reviewed the text amendments to Chapter 29, Zoning Ordinance. The commission debated the balance of these standards with maybe allowing for more housing to be built. Several commissioners questioned why single-family home conversions to 206 two-family dwellings were not being allowed. Staff responded that with the current price point for new construction being so high, City Council felt it important to maintain the existing single-family inventory that may be affordable as ownership housing opportunities, rather than promote its transition to investment property. One commissioner strongly opposed the whole concept of adding two-family dwellings into single- family neighborhoods and voted against the text amendments. The final vote of the Commission was 5- 1 to recommend approval of the draft ordinance amending Chapter 29 as proposed by staff for new construction only. State Legislation The Iowa Legislature is considering a bill (SF 2154) that among other issues will limit the ability of a City to apply building materials and other architectural design requirements related to roofs, windows, doors for one family, two-family, and multi-family buildings of 12 units or less. The proposed bill currently includes exceptions for historic districts, PUDs, and special purpose zoning districts. If this bill is enacted as proposed it would render many of the proposed design compatibility standards unenforceable in standard residential zoning districts. They could still be applied to more limited areas of the City within the language of special purpose districts. The bill has moved out of committee but has not proceeded to the Senate Floor for approval. Staff believes that some version of this bill will likely get approved during the legislative session. With this bill pending, staff still believes City Council should proceed with the Hearing and have first reading of the ordinance. However, staff recommends that ultimately the third reading of the ordinance and adoption of the ordinance does not occur until the Bill has been resolved at the legislative level because it would impact many of the standards in this ordinance. If that occurs, City Council will have to decide if it wants to allow more limited zoning options for duplexes or if duplexes without design requirements will still be desirable in all zoning districts. ALTERNATIVES: 1. Approve on second reading, the draft ordinance text amendments to Chapter 29, included as Attachment 'A', allowing two-family dwellings in all residential districts. 2. Approve on second reading, a modified version of the draft ordinance text amendments to Chapter 29, included as Attachment 'A', allowing two-family dwellings in all residential districts. CITY MANAGER'S RECOMMENDED ACTION: During the 1980s and 1990s several low density and medium density zoning districts allowed for two- family dwellings to be constructed. The city currently has over 1000 two-family dwelling units. Due to sensitivity of design issues and over concentration of rental properties, the new zoning ordinance adopted in 2000 eliminated options for new two-family dwelling construction in almost all zoning districts. These existing two-family dwellings were identified as a “pre-existing” use that allowed for them to be maintained and altered. Consequently, very few two-family dwellings have been constructed since 2000. In support of the City Council’s goal of valuing diverse housing options, this zoning text amendment will introduce an expansion of this type of housing option. Policies of Ames Plan 2040, require infill development to give consideration to design context. Support for infill is based upon the concept of contextual design for compatibility, the goal is not strictly to increase density as efficiently as possible, 207 but instead to allow for integrated design into a neighborhood. The city has examples of both compatible and integrated two-family dwelling designs and those that are not designed in a context- sensitive manner. Design standards have been added to help ensure compatibility of the new construction with the existing homes in an established neighborhood. Two-family dwellings can only be established through new construction and are not allowed to be established by conversion of an existing single-family home. The conversion limitation is intended to preserve existing affordable single-family housing stock and to not incent its conversion to two-family dwellings that would not meet the standards of the new design requirements. Although the design requirements will add cost and require builders to consider site specific situations, staff believes that the standards include an appropriate balance of considerations. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, approving the first reading of the draft ordinance text amendments to Chapter 29, allowing two-family dwellings in all residential districts. Note that staff supports first reading at this time but will recommend final adoption not occur until resolution by Legislature of SF 2154. Third reading would tentatively be planned for March 27th. ATTACHMENT(S): DRAFT_ORDINANCE_Zoning_Text_Amendments_for_Two-Family_Dwellings_2.5.24.pdf 208 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 29, ZONING, FOR THE PURPOSE OF ALLOWING TWO-FAMILY (DUPLEX) DWELLINGS IN RESIDENTIAL DISTRICTS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Chapter 29, Zoning, as follows: “CHAPTER 29, ZONING * * * Sec. 29.201. DEFINITIONS. * * * (104) If Preexisting means having been established pursuant to a City of Ames Zoning permit of record prior to the effective date of this Ordinance. * * * (XXX) Near Campus Neighborhoods means certain neighborhoods near Iowa State University, as designated by a Resolution adopted by the City Council. * * * Sec. 29.406 OFF-STREET PARKING. * * * (10) Driveways. * * * (b) Additional driveways. * * * (iii) New construction of a Two-Family Dwelling may have a second driveway approved by the Planning and Housing Director subject to size and appearances standards of Sec. 29.410 and all other specifications and spacing requirements, including conformance with all driveways design specifications including but not limited to widths, flares, sidewalk slope, and separation from other driveways (e.g. five feet) and property lines in accordance with the Driveway Manual. * * * 209 Sec. 29.410. SIZE AND APPEARANCE DETACHED OF DWELLINGS. (1) Detached Dwellings. All non-attached dwelling structures of any kind located outside the RLP Zone, shall meet the following minimum standards: (a) (1) The principal portion or main body of the principal structure shall have a width and length of not less than 20 feet. (b) (2) The siding of any dwelling unit shall consist of wood, simulated wood siding (to include horizontal lapped steel, vinyl, or aluminum siding), brick, stone, stucco or concrete and, furthermore, shall not have an appearance or condition incompatible with conserving the market value and beneficial use and enjoyment of adjacent buildings, as determined by the person responsible for zoning administration. Any person aggrieved by that determination may appeal to the Zoning Board of Adjustment as by law provided. (2) Two-Family (Duplex) Dwellings. (a) Where Permitted. Pre-existing Two-Family Dwellings are a defined use within zoning district use tables. Remodeling and additions to Pre-existing Two-Family Dwellings are not subject to the requirements of this section. New construction of a Two-family Dwelling is permitted within specified zoning districts subject to compliance with the zoning standards and compatibility criteria of this section. New construction is for a wholly new Two-Family Dwelling and does not allow for the conversion of, or addition to, an existing single-family dwelling to create two units. (b) Near Campus Neighborhoods. The minimum lot size for new construction of a two-family dwelling is 10,000 square feet. See also Chapter 13, Rental Code, limitations for occupancy of newly constructed dwellings based upon bedroom room counts established in 2018. (c) Parking. (i) A minimum of one garage parking space shall be provided per unit. A total of two parking spaces per unit is required. (ii) If creating a parking lot of more than four spaces, landscape buffering is required [see Sec. 29.403(2)(h)]. (d) Entrances, Design, and Orientation. (i) The primary entrance for at least one of the units shall be on the primary façade or on a recessed façade that is not substantially set back from the primary facade, e.g. by no more than 12 feet. (ii) When both entrances face the street on the primary façade, the Two-Family Dwelling shall be designed to have the appearance of two identifiable separate units in terms of materials and architectural elements. (iii) Dwelling units may be located side-by-side, in tandem (second unit behind front unit), or stacked. (e) Windows and Transparency. The principal and recessed facade calculated together shall include a minimum solid to void ratio of 15%. (f) Building Materials. Requirements of Section 1(b) above apply. (g) Neighborhood Compatibility. Approval of a Two-Family Dwelling requires a determination that the architectural design and layout of the site are designed to be compatible with the surrounding neighborhood’s design 210 character for height, orientation, and architectural design elements. Compatible means designed in a similar manner to the representative style of the area or includes features of the representative style and layout to be harmonious with the character of the block face. In established neighborhoods, compatibility of new construction is achieved by incorporating a prevalent architectural style and/or incorporating prevalent features currently existing on the block face. The compatibility determination begins by first evaluating the block face to determine if a uniform architectural style is present among the single-family homes and/or if prevalent styles exist in the treatment of garage placement, roof design, primary entries, and windows. The block face includes all properties facing one side of a street in a block. For short blocks with few examples, relevant homes for evaluation may also include properties adjacent to the site that are not on the block face. Neighborhood “style” varies among neighborhoods depending upon the year of construction. For developing neighborhoods where a style has not been established, any combination of compatible elements may be approved for a new Two-Family Dwelling. (i) Orientation of Garage and Driveway Placement. Within established neighborhoods, there are three typical garage/driveway patterns that may emerge and be applied to a project: a) A flush or nearly flush front-loaded garage accompanied by a driveway width that typically does not exceed 20 feet (most predominant pattern). For this pattern, garages that protrude from the front façade are not allowed, unless it can be documented that this pattern is existing and prevalent on the street block. A street-facing garage door(s) shall not exceed 50 percent of the total front façade width. b) An attached or detached garage located at the rear of the house or in the rear yard accompanied by a driveway usually along one side of the house. For this pattern, locate the garage at the rear of the Two-Family Dwelling or as a detached garage in the rear yard. Alternatively, the garage may be located a minimum of 18 feet from the front façade of the Two-Family Dwelling. c) An attached or detached garage located at the rear of the house or in the rear yard accessed from an alley. For this pattern, garages shall be located either at the rear of the Two-Family Dwelling or as a detached garage in the rear yard. Any new driveway shall be constructed with access only from the alley. In all areas, side loading and rear placed garages are allowed, as long as other required standards are met. Additionally, detached garages shall comply with the accessory building regulations described in Sec. 29.408(7), for allowable setbacks, maximum size, driveways, and maximum building height. (ii) Roof Design. Incorporate prevalent roof forms from the block face evaluation that represent compatible features, such as hipped roofs, gables, and dormers. (iii) Entrances. Incorporate prevalent entrance features from the block face evaluation that represent compatible features, such as porches, stoops, sidelights. (iv) Windows and Transparency. Incorporate window styles and proportions from the block face evaluation, if a predominate style is evident. 211 (h) Overlay Zone. If the property is in an overlay zone, it may be subject to additional design standards. In the event of conflict between overlay regulations and the regulations included herein, the overlay regulations shall control. * * * Sec. 29.501. CLASSIFICATIONS OF USES. * * * Table 29.501 (4)-1 RESIDENTIAL USE CATEGORIES * * * Household Living * * * Subcategories of Uses Single Family Dwelling House: A detached structure containing one Residential Unit * * * Sec. 29.701. "RL" RESIDENTIAL LOW DENSITY. (1) Purpose. This zone is intended to accommodate primarily single-family dwellings, while accommodating certain existing compatible two-family dwellings and other uses customarily found in low-density residential areas. * * * Table 29.701(2) Residential Low Density (RL) Zone Uses USE CATEGORIES STATUS RESIDENTIAL USES * * * Household Living Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 212 Table 29.701(3) Residential Low Density (RL) Zone Development Standards DEVELOPMENT STANDARDS SINGLE FAMILY TWO FAMILY DWELLING * * * Sec. 29.702. "RM" RESIDENTIAL MEDIUM DENSITY. * * * Table 29.702(2) Residential Medium Density (RM) Zone Uses USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES * * * * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.702(3) Residential Medium Density (RM) Zone Development Standards DEVELOPMENT STANDARDS RM ZONE *** * * * 213 Sec. 29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE. * * * Table 29.703(2) Urban Core Residential Medium Density (UCRM) Zone Uses USE CATEGORIES STATUS RESIDENTIAL USES Household Living * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.702(3) Urban Core Residential Medium Density (UCRM) Zone Development Standards DEVELOPMENT STANDARDS UCRM ZONE *** * * * Sec. 29.704. "RH" RESIDENTIAL HIGH DENSITY. * * * Table 29.704(2) Residential High Density (RH) Zone Uses USE CATEGORIES STATUS * * * Household Living * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 214 Table 29.702(3) Residential High Density (RH) Zone Development Standards DEVELOPMENT STANDARDS RH ZONE *** * * * Sec. 29.1202. "F-S" SUBURBAN RESIDENTIAL ZONE. * * * Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density (FS-RL) Uses USE CATEGORIES STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES * * * * * * Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density (FS-RM) Uses USE CATEGORIES STATUS *** Household Living *** Two-Family Dwelling Y, if pre-existing Y, new construction is subject to Section 29.410(2) ZP ZEO/P&H Dir. * * * 215 Sec. 29.1203. “F-PRD” PLANNED RESIDENCE DISTRICT * * * Table 29.1203(4) Planned Residence District (F-PRD) Floating Zone Uses Single Family House Dwelling Two-Family House Dwelling * * * * * * Sec. 29.1501. BUILDING/ZONING PERMIT. (1) Permit Required. * * * (e) Zoning Permits for new construction of Two-Family Dwellings require approval by the Planning and Housing Director prior to issuance of a building/zoning permit. Modification or remodeling of a pre-existing Two-Family Dwelling is subject to only a building/zoning permit review. Approval of a zoning permit requires a determination that the project complies with all zoning standards and the architectural design is compatible with the surroundings as defined within 29.410(b). Applications for a Two-Family Zoning Permit shall include information required by the Planning and Housing Director to identify the prevalent style and features incorporated into the design to meet the neighborhood compatibility requirements.” Section Two. Violation of any provision of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section designations are subject to change during the codification process. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of . ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 216 To:Mayor & City Council From:Planning and Housing Department Date:March 12, 2024 Subject:Rezoning 210 South 5th Street Item No. 34 MEMO Attached and presented for third reading and adoption is ORDINANCE NO. 4521 rezoning 210 South 5th Street from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay. /cmw ATTACHMENT(S): 210 South 5th Street - Rezoning.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 217 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 210 South 5th Street, is rezoned from Agricultural (A) to Highway Oriented Commercial (HOC) with an Environmentally Sensitive Overlay (O-E). Real Estate Description: Beginning at the Southwest Corner of Lot 20, Cayler’s Addition to Ames, Iowa; thence N89°23’51”W, 224.97 Feet; thence N00°36’43” W, 619.95 Feet to the south right-of -way line of Fifth Street as shown in Lindholm’s addition to the City of Ames; thence N89°41’56”E, 224.96 Feet along said south right-of-way line to the Northwest of Parcel ‘AX” as shown in Inst. #2013-14924; thence S00°32’28”E, 189.51 feet to the northwest corner of Parcel ‘AZ’ as shown in Inst. #2015-11970; thence S00°35’04”E, 80.38 feet along the west line of said parcel ‘AZ’ to the Northwest corner of Parcel ‘AY’ as shown in Inst. #2014-049095; thence S00°27’15”E, 82.00 feet along the west line of said Parcel ‘AY’ to the point of the beginning. Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 218 Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , . Renee Hall, City Clerk John A Haila, Mayor 219 ITEM #:35 DATE:03-12-24 DEPT:P&H SUBJECT:REZONING AGREEMENT FOR 102 & 116 HYLAND AVENUE COUNCIL ACTION FORM BACKGROUND: On March 12, 2024, the City Council will consider third reading and adoption of an ordinance rezoning 102 & 116 Hyland Avenue (Campus Garage), along with a master plan for the properties. As part of a rezoning with a Master Plan, a Zoning Agreement is required. The Zoning Agreement requires the property owner to conform to the Master Plan. The owner of Campus Garage has reviewed the proposed Zoning Agreement and agreed to the terms which enumerate the Master Plan requirements. The Master Plan, among other details, identifies a reduction in the number of driveway access points to the site along with frontage landscape improvements. These improvements are expected to occur with the planned site improvements at the north end of the site. The final configuration of the site improvements is subject to a future Minor Site Development Plan approval and Special Use Permit approval. Approval of the rezoning and the Master Plan is necessary for the property owner to seek approval of the parking area and vehicle storage area expansion. ALTERNATIVES: 1. Approve the Zoning Agreement for 102 & 116 Hyland Avenue and approve the rezoning ordinance on third reading. 2. Decline to approve the Zoning Agreement and defer third reading of the ordinance. CITY MANAGER'S RECOMMENDED ACTION: The property owner has agreed to the terms of the Zoning Agreement. The Agreement is required in conjunction with the Third and Final reading of the Rezoning on this agenda. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): 102 & 116 Hyland Ave - Rezoning.pdf Campus Garage Signed Zoning Agreement & Masterplan.pdf 220 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 102 & 116 Hyland Avenue, Ames, Iowa is rezoned with Master Plan from Residential High Density and O-UIW (University West Impact Overlay) to Neighborhood Commercial and O-UIW (University West Impact Overlay). Real Estate Description: Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. 221 ADOPTED THIS day of , . Renee Hall, City Clerk John A Haila, Mayor 222 223 224 225 226 227 228 229 230