HomeMy WebLinkAbout~Master - January 10, 2023, Regular Meeting of the Ames City CouncilAGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS – CITY HALL
JANUARY 10, 2023
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the record,
and limit the time used to present your remarks in order that others may be given the opportunity
to speak. The normal process on any particular agenda item is that the motion is placed on the
floor, input is received from the audience, the Council is given an opportunity to comment on the
issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time
provided for public input at the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATIONS:
1. Proclamation for “Slavery and Human Trafficking Prevention and Awareness Month,”
January 2023
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.
2. Motion approving payment of claims
3. Motion approving Minutes of Regular Meeting on December 13, 2022, and Special Meeting
on December 20, 2022
4. Motion approving Change Orders for period December 1–15, 2022 and December 16-31,
2022
5. Motion setting January 28, 2023, as Special City Council Goal Update Session
6. Motion approving ownership update for Class C Liquor License with Catering Privilege and
Sunday Sales - Hy-Vee Market Café, 3800 Lincoln Way
7. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses
a. Class C Liquor License with Outdoor Service and Sunday Sales – Chipotle Mexican Grill,
435 South Duff Ave – Pending Dramshop Review
b. Class C Liquor with Sunday Sales - Fuji Japanese Steakhouse, 1614 S. Kellogg Ave.
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c. Class A Liquor License with Sunday Sales - American Legion Post #37, 225 Main -
Pending Dramshop Review
d. Special Class C Liquor License with Sunday Sales - Springhill Suites, 1810 SE 16th St
e. Class C Liquor with Catering Privilege, Outdoor Service, and Sunday Sales - Dublin Bay,
320 S 16th
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f. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer),
and Sunday Sales - The Filling Station, 2400 University Blvd
g. Special Class C Liquor License (B/W) - Clouds Coffee, 119 Stanton Ave Ste 701 –
Pending Dramshop Review
h. Class C Liquor License with Outdoor Service and Sunday Sales - The Angry Irishmen,
119 Main Street -Pending Dramshop Review
i. Class C Liquor License with Catering Privilege and Sunday Sales - Hy-Vee Market Café,
3800 Lincoln Way -Pending Dramshop Review
8. Requests from Ames Main Street (AMS) for Downtown Dollar Days event on Thursday,
January 26 through Sunday, January 29, 2023:
a. Motion approving blanket Temporary Obstruction Permit
b. Resolution approving waiver of parking meter fees and enforcement in the Downtown
District on Saturday, January 28, 2023
c. Resolution approving request from Ames Main Street for Saturday, January 28, to
transfer $1,379.25 from the Local Option Sales Tax Fund to the Parking Fund
9. Resolution authorizing and approving a Loan and Disbursement Agreement and providing
for the issuance and securing the payment of $4,071,000 Sewer Revenue Bonds, Series
2023A
10. Resolution authorizing and approving a Loan and Disbursement Agreement and providing
for the issuance and securing the payment of $8,357,000 Taxable Sewer Revenue Bonds,
Series 2023B
11. Resolution approving the appointment of Karen Tapper as the City of Ames alternate to the
Story County 911 Service Board
12. Resolution approving and adopting Supplement No. 2023-1 to the Municipal Code
13. Pharmacy Benefits Manager
a. Resolution waiving Purchasing Policies and Procedures for competitive bidding of
professional services
b. Resolution awarding contract to Arthur J. Gallagher Benefits Services in an amount not-
to-exceed $110,000
14. Resolution approving staff to submit a State of Iowa Community Attraction and Tourism
Grant Application in the amount of $500,000 to be used for the Fitch Family Aquatic Center
15. Resolution approving preliminary plans and specifications for Furnishing 69kV and 161kV
SF6 Breakers for the Mortensen Road and Ontario Substations; setting February 1, 2023, as
bid due date and February 14, 2023, as date of public hearing
16. Resolution approving Change Order No. 1 with Interstate Power Systems to provide parts
for the repair of Methane Engine/Generator #2 at the Water Pollution Control Facility
17. 2019/20 Arterial Pavement Improvement – 13th Street (Wilson Avenue to Duff Avenue)
a. Resolution approving Change Order No. 2
b. Resolution accepting the 2019/20 Arterial Street Pavement Improvements as completed
18. Resolution approving Change Order No. 3 for Prairie View Industrial Center Utility
Extension Project
19. Resolution accepting completion of the 2021/22 Shared Use Path Maintenance - Little
Bluestem Project
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20. Resolution accepting completion of the 2020/21 Airport Improvements Program (Replace
Runway 01/19 and Taxiway A North Lighting)
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. The Mayor and City Council welcome comments from the public;
however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor
may limit each speaker to three minutes.
POLICE:
21. Motion approving/denying renewal of Class C Liquor License – 1 Night Stand, 124 Welch
Avenue
22. Motion approving/denying renewal of Class C Liquor License – Mickey’s Irish Pub, 109
Welch Avenue
PLANNING AND HOUSING:
23. Ames Urban Fringe Plan Update
a. Motion to direct staff to finalize the Plan and initiate a Comprehensive Plan Amendment
24. The Bluffs at Dankbar Farms, 1st Addition
a. Resolution to waive improvement requirements
b. Resolution to approve Minor Final Plat
HEARINGS:
25. Hearing on proposed Zoning Text Amendment to amend the Home Occupation regulations
(Continued from December 13, 2022):
a. First passage of ordinance
26. Hearing on North Sunset Ridge Sanitary Sewer (798 N. 500th Avenue)
a. Resolution accepting report of bids
b. Resolution approving final plans and specifications and awarding contract to Rognes
Excavating, LLC of Ames, Iowa, in the amount of $941,044.50
27. Hearing on CyRide HVAC Improvements, Phase III Project
a. Motion accepting the report of no bids and directing staff to prepare to rebid the project
28. Hearing on Furman Aquatic Center Pool Basin Repainting Project
a. Motion accepting the report of bids and directing staff not to award contract at this time
29. Hearing on Prairie View Industrial Area for establishment of water and sanitary sewer
connection districts
a. Motion to continue hearing to January 31, 2023
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ORDINANCES:
30. Second passage of Ordinance to amend Municipal Code of the City of Ames, Iowa, by
amending Chapter 28, Division 1 for the purpose of establishing a Commercial Electric
Vehicle Charging Rate and Updates to Industrial Time-of-Use Rate. (Third reading and
adoption of ORDINANCE NO. 4483 requested)
31. Rezoning of The Bluffs at Dankbar:
a. Resolution approving Master Plan Zoning Agreement
b. Third passage and adoption of ORDINANCE NO. 4486 rezoning with a Master Plan the
property on the Southwest Corner of Cameron School Road and George Washington
Carver Avenue from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-Density)
and “FS-RM” (Suburban Residential Medium-Density)
32. Third passage and adoption of ORDINANCE NO. 4484 to amend Municipal Code of the
City of Ames, Iowa, by amending Chapter 12, Section 12.2 and 12.3 for the purpose of
establishing election of hospital trustees, term of office and qualifications
33. Third passage and adoption of ORDINANCE NO. 4485 creating Tax Increment Financing
District, Urban Renewal Area Plan for 2105 and 2421 North Dayton Avenue (small lot
industrial subdivision):
34. Third passage and adoption of ORDINANCE NO. 4487 Zoning Text Amendment to allow a
20% reduction to Required Parking for Certain Commercial and Industrial Uses on Sites with
more than 100 Parking Stalls:
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
ADJOURNMENT:
Please note that this agenda may be changed up to 24 hours before the meeting time as
provided by Section 21.4(2), Code of Iowa.
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 13, 2022
The regular meeting of the Ames City Council was called to order by Mayor John Haila at 6:00
p.m. on the 13th day of December, 2022, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher,
Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Member Bryce Garman
was also present.
GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET
PRESENTATION AWARD FOR FY 2022/23: Mayor Haila announced the 2022-23 City of
Ames Budget received the Government Finance Officers Association Distinguished Budget
Award and presented it to Finance Director Corey Goodenow and Budget Officer Nancy Masteller.
He noted that this award has been received for 37 consecutive years, highlighting that it is a
testament to the work of the City of Ames Finance Department.
CONSENT AGENDA: Council Member Gartin requested to pull Item No. 20, and Council
Member Rollins shared her agreement. Mayor Haila noted that the City Council was working from
an amended agenda, highlighting the change of wording for Item No. 13 and the additional item
of a closed session.
Moved by Betcher, seconded by Corrieri, to approve the consent agenda less Item No. 20,
resolution approving changes to Smart Energy Rebate Program as proposed by City staff.
2. Motion approving payment of claims
3. Motion approving Minutes of Special Meeting on November 15, 2022, and Regular Meeting
on November 22, 2022
4. Motion approving Report of Change Orders for period November 16-30, 2022
5. Motion setting the following Special City Council meeting dates:
a. January 17, 2023, at 5:15 PM for CIP Work Session
b. February 3, 2023, at 2:00 PM for Budget Overview
c. February 7, 8, 9, and 14, 2023 at 5:15 PM for Budget Hearings and Wrap-Up
6. Motion cancelling the Regular City Council Meeting on December 27, 2022, due to the holiday
closure of City Offices
7. Motion approving ownership update for Class C Beer Permit and Class B Wine Permit - Hy-
Vee Fast and Fresh #1, 4018 West Lincoln Way
8. Motion approving premise update for Class E Liquor License, Class C Beer Permit, and Class
B Wine Permit with Sunday Sales – Tobacco Outlet Plus, 204 S. Duff Ave
9. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses:
a. Class C Liquor License with Sunday Sales – Cyclone Liquors, 626 Lincoln Way
b. Class C Liquor License with Outdoor Service and Sunday Sales – Café Beau, 2504 Lincoln
Way
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c. Class B Beer with Outdoor Service and Sunday Sales – Torrent Brewing Co LLC, 504
Burnett Avenue
10. RESOLUTION NO. 22-610 directing the City Attorney’s Office to draft an ordinance enacting
the proposed changes to parking regulations in the Somerset Town Home and Row House
Association Area
11. RESOLUTION NO. 22-611 to adopt the Downtown Residential Overnight Parking Hang Tag
Program as a permanent part of the parking system
12. RESOLUTION NO. 22-612 approving reappointment of Council Member Amber Corrieri to
the Ames Economic Development Committee (AEDC)
13. RESOLUTION NO. 22-613 approving appointment of Council Member Rachel Junck to the
Ames Convention and Visitors Bureau (ACVB) with her term effective January 1, 2023, and
expiring December 31, 2024, and reappointment of Council Member Gloria Betcher to the
ACVB with her term effective as of January 1, 2023, and expiring December 31, 2023
14. RESOLUTION NO. 22-614 approving reappointment of Council Member Bronwyn Beatty-
Hansen to the Transit Board
15. RESOLUTION NO. 22-615 approving biannual Sustainability Report by Sustainability
Coordinator
16. RESOLUTION NO. 22-616 approving the Commission on the Arts (COTA) Spring 2023
Special Project Grant Contracts
17. RESOLUTION NO. 22-617 approving the Corporate Resolution designating the Finance
Director, City Treasurer, and Assistant City Manager supervising the Finance Department as
employees authorized to conduct financial and banking business on behalf of the City of Ames
18. RESOLUTION NO. 22-618 correcting date of Public Hearing for North Sunset Ridge to January
10, 2023, and partially rescinding Resolution No. 22-600
19. RESOLUTION NO. 22-619 approving addition of three 45-watt LED lights on 35’ bronze
fiberglass street light poles at Domani Subdivision, Plat 2 to the existing Alliant Energy
Electric Tariff #1
20. RESOLUTION NO. 22-620 approving changes to Smart Energy Rebate Program as proposed
by City staff
21. RESOLUTION NO. 22-621 approving amendment to the tower lease agreement with Sprint
Spectrum L.P. for cellular antenna equipment at Mortensen and County Line Road Water
Tower (MAC Water Tower)
22. RESOLUTION NO. 22-622 approving Change Order No. 4 to the Professional Services
Agreement with HDR Engineering, Inc. for additional construction phase services associated
with the North River Valley Wellfield Project in the additional amount of $73,600
23. RESOLUTION NO. 22-623 approving Change Order No. 1 to Tri-City Electric Company of
Iowa, Davenport, Iowa, for additional Electrical Maintenance Services Contract in the amount
not to exceed $85,000
24. RESOLUTION NO. 22-624 approving Memorandum of Agreement with Iowa Department of
Transportation to share its CDL skills testing site with CyRide
25. RESOLUTION NO. 22-625 setting January 10, 2023, as date of public hearing for
establishment of water and sanitary sewer connection districts in the Prairie View Industrial
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Area and directing City Attorney to prepare ordinances to establish these districts to recover
City costs to install utilities as the properties are developed
26. RESOLUTION NO. 22-626 approving preliminary plans and specifications for Power Plant
Maintenance Services Contract, and establish January 25, 2023, as bid due date and February
14, 2023, as date of public hearing and award of contract
27. RESOLUTION NO. 22-627 approving preliminary plans and specification for Unit 8
Electrostatic Precipitator Insulation & Lagging and establish January 25, 2023, as bid due date
and February 14, 2023, as date of public hearing and award of contract
28. RESOLUTION No. 22-628 approving preliminary plans and specifications for Combustion
Turbine Fuel Oil Pipe Installation and establish January 25, 2023, as bid due date and February
14, 2023, as date of public hearing and award of contract
29. RESOLUTION NO. 22-629 approving plans and specifications for 2021/22 Concrete
Pavement Improvements (Stange and 24th) and setting January 18, 2023, as bid due date and
January 24, 2023, as date of public hearing
30. RESOLUTION NO. 22-630 approving plans and specifications for 2022/2023 Downtown
Street Pavement Improvements – Alley (5th Street-6th Street between Duff Avenue to Douglas
Avenue) and setting January 18, 2023, as bid due date and January 24, 2023, as date of public
hearing
31. RESOLUTION NO. 22-631 approving plans and specifications for the 2022/23 Fire Station 3
PCC Replacement and setting January 18, 2023, as bid due date and January 24, 2023, as date
of public hearing
32. RESOLUTION NO. 22-632 approving plans and specifications for the 2022/23 Seal Coat
Pavement Improvements and Neighborhood Curb Program Project (Murray Drive -
Northwestern Avenue to Grand Avenue) and setting January 18, 2023, as bid due date and
January 24, 2023, as date of public hearing
33. RESOLUTION NO. 22-633 awarding contract to Stew Hansen Dodge, Des Moines, Iowa, for
one 2023 RAM ProMaster 2500 Cargo Van, on behalf of Mid-Iowa Community Action
Agency (MICA) in conjunction with the CARES Round 2, in the amount of $52,920
34. RESOLUTION NO. 22-634 awarding six-month contract to Rowell Chemical Corporation,
Hinsdale, Florida, in the amount of $2.27/gallon for purchase of liquid sodium hypochlorite
for use at the Water Plant and Power Plant
35. RESOLUTION NO. 22-635 awarding contract to AP4 Energy Services LLC, Lakeland,
Florida, for Engineering Services for Combustion Turbine Controls Upgrade in the amount of
$149,670
36. RESOLUTION NO. 22-636 awarding contract to Atlas Copco Compressors LLC, Rock Hill,
South Carolina, for purchase replacement 72 Instrument Air Compressor in the amount of
$85,365.67 (inclusive of Iowa Sales Tax)
37. RESOLUTION NO. 22-637 awarding contract to Locality Media, Inc. of Garden City, New
York, for Records Management Software for the Fire Department in the amount not to exceed
$168,850 over the next five years
38. RESOLUTION NO. 22-638 awarding contract to Carrier Access IT, LC, of Clive, Iowa, for
the Virtualization Environment in the amount not to exceed $424,640.27
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39. RESOLUTION NO. 22-639 awarding contract to DNV GL USA INC of Katy, Texas, for the
Asset Management Software Solution for the Electric Services Substations in the amount not
to exceed $222,500.00
40. RESOLUTION NO. 22-640 accepting completion of 2021/22 Downtown Pavement
Improvements – Alley (Duff to Sherman Avenue)
41. RESOLUTION NO. 22-641 accepting completion of the contract for the Ada Hayden Heritage
Park Wetland Dredging Project
42. RESOLUTION NO. 22-642 approving Minor Final Plat for Compass Subdivision Plat 2
43. RESOLUTION NO. 22-643 approving Major Final Plat for Domani Subdivision, 2nd Addition
Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
CHANGES TO SMART ENERGY REBATE PROGRAM AS PROPOSED BY CITY
STAFF: Council Member Gartin highlighted that this was a great moment to focus on
opportunities that are moving forward under the climate action efforts. Electric Services Director
Don Kom introduced the item, showcasing the key changes to the Smart Energy Rebate Program:
• Add Energy Star freezers, induction stoves, and electric lawn mowers to appliance rebates
• Increase air-source heat pump rebate
• Increase geothermal rebate
• Increase electric vehicle (EV) charger rebate
• New criteria and rebate amount for Net-Zero Ready New Home Rebate
Director Kom discussed the reasoning behind each change, noting the increase in rebates as an
incentive to encourage desired habits and installations for broader energy efficiency practices.
Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 22-620 approving changes to
Smart Energy Rebate Program as proposed by City staff.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum.
Grant Olsen, 3812 Ontario Street, shared that as the City Council approaches the Budget Planning
process for the next fiscal year, he encourages the City Council Members to consider going fare
free to increase equity for the public transit system and for progress regarding climate action.
Mayor Haila closed the Public Forum when no one else came forward to speak.
FITCH FAMILY INDOOR AQUATIC CENTER: Parks and Recreation Director Keith
Abraham introduced the item by reviewing the three parts necessary to move forward with
construction of the Fitch Family Indoor Aquatic Center. He highlighted the key components of
each contract presented to the City Council as highlighted in the corresponding Council Action
Form and entertained questions.
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Council Member Betcher inquired about the re-routing of the INC Fiber outlined in the Iowa
Department of Transportation’s Offer to Buy for 122 North Oak Avenue. Director Abraham noted
that the re-routing is expected to be complete before the site walkthrough on January 5th, 2023.
Council Member Gartin asked about a second appraisal for the site due to the soil remediation for
the contamination on the property. Director Abraham stated that in multiple conversations with
DOT staff regarding the possibility of seeking a second appraisal, DOT staff was not willing to
negotiate and would be asking compensation for the original appraisal amount. Council Member
Gartin shared his distaste for the situation, noting the remediation of the contamination is being
joisted on the taxpayers of Ames. He followed up by inquiring about the possibility of adding
geothermal to the site. Mr. Abraham responded that City staff will continue to work with the
Department of Natural Resources to determine if the site is fit for geothermal, though it is unclear
at this point in time. Council Member Gartin shared that he would be voting against the Offer to
Buy as there was a second site proposed just a few blocks away that was better suited for the
facility and had no threat to the health and safety of the community. He noted that he will in the
future vote to support the Fitch Family Aquatic Center to make it the best facility that it can be to
service the generations of Ames residents.
Mayor Haila requested that Director Abraham elaborate on the scope of services from RDG
Planning and Design to highlight the other consultants and contractors listed. Director Abraham
shared that RDG Planning and Design does not provide environmental consulting services and an
outside consultant was hired by the City to render the necessary services.
Mayor Haila opened and closed the Public Input when no one came forward.
Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 22-644 authorizing
submittal to the Iowa Department of Transportation of an offer to buy property located at 122
North Oak Avenue, Ames, in the amount of $2,900,000 and entering into the Mutual Benefit Sales
Lease Agreement with the Iowa Department of Transportation until such time the State Land
Patent for 122 North Oak Avenue is delivered to the City.
Roll Call Vote: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay:
Gartin.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
Moved by Corrieri, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 22-645 awarding
contract to Story Construction of Ames, Iowa, for Construction Management Services, in the
amount of $1,392,229.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Rollins, seconded by Corrieri, RESOLUTION NO. 22-646 awarding contract to RDG
Planning and Design of Des Moines, Iowa, for Architectural Services in an amount not to exceed
$1,783,850.
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Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Director Abraham reviewed the project timeline, highlighting the grand opening is anticipated for
the Fall of 2025.
321 STATE AVENUE BAKER SUBDIVISION 9% LIHTC RFP REVIEW: Housing
Coordinator Vanessa Baker-Latimer presented the revised Request for Proposals for the third
solicitation for a partner in the development of the Baker Subdivision. She shared that the revisions
had been communicated with the neighborhood and were now in front of the City Council for input
and approval. She highlighted the key changes for the proposal, noting the 9% Low-Income
Housing Tax Credit (LIHTC) which was selected in order to secure additional financial resources
for development of affordable family housing on the site.
Council Member Betcher inquired about the background of the interested contractors and their
experience with Section 8 Housing. Ms. Baker-Latimer noted that the contracts had experience
with Section 8 vouchers in their units, but limited experience with setting aside a set number of
units for Section 8 Housing as the RFP requires.
Council Member Gartin asked about the subsidy for low-income housing and inquired about the
amount the City would be contributing toward each unit. Planning and Housing Director Kelly
Diekmann discussed the factors for the cost per unit, informing Council Member Gartin that the
number was inconclusive at this point as infrastructure costs would have to be also evaluated.
Mayor Haila asked for clarification on the terms “transitional housing unit” and “permanent
supportive housing.” Ms. Baker-Latimer responded by highlighting that transitional housing
would be for homeless families who need a place to stay short-term during the waiting period to
be placed into a permanent housing situation. She noted that it similar to but differs from
permanent supporting housing where the agency would contract with the landlord for housing
units.
Mayor Haila opened the Public Forum.
Andrew Allen, President and CEO of Youth and Shelter Services (YSS), 420 Kellogg Avenue,
Ames, shared his excitement around this project and discussed the experience YSS had with
similar projects, specifically in Des Moines and Mason City. He noted that the developer from the
Des Moines project would be interested in submitting a proposal for the Baker Subdivision if the
City Council amended the RFP because YSS would be interested in partnering on the project. Mr.
Allen encouraged the City Council to amend the RFP to include permanent supportive housing at
a set aside of 10%. He supported his request by noting that the age range most in need of this
housing are youth who have aged out of foster care and discussed what that program looked like.
Mayor Haila closed the Public Input when no one came forward to speak.
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The City Council engaged in robust conversation regarding the request form Mr. Allen. Council
Member Corrieri shared her concern about agency limitations and what that would look like.
Council Member Gartin discussed meeting the needs of the community and Housing Coordinator
Baker-Latimer responded by informing the City Council of funding that will be coming available
to address affordable housing in the next calendar year. To conclude the discussion, the Council
Members agreed to move forward with the RFP without making the amendment to include
permanent supportive housing.
Moved by Rollins, seconded by Betcher, to direct staff to issue a Request for Proposals (RFP) to
solicit a partner developer in connection with the development of 9% Low-Income Housing Tax
Credit (LIHTC) units in the Baker Subdivision.
Vote on Motion: 6-0. Motion declared carried unanimously.
BUDGET ISSUES/GUIDELINES: City Manager Steven Schainker shared that this is the time
of year staff comes before the City Council to discuss the budget for the next fiscal year before
finalizing the recommendations. He noted that the purpose of the presentation was to understand
the priorities of the City Council and get direction.
Finance Director Corey Goodenow presented the Fiscal Year 2023-24 City Council Budget Issues
report, reviewing the overall economic condition of the City before diving into changes to the Iowa
Property Tax system. Mayor Haila and City Assessor Shari Plagge shared their insight as to the
changes to the property tax system and how it would affect the City of Ames. Mr. Goodenow
continued the presentation of the report, highlighting issues that may impact the City Council’s
budget decisions, including the projected revenues and expenditures.
Council Member Betcher asked how the City Council should evaluate allocations for funding in
light of the current budget situation. City Manager Schainker responded that it has always been his
recommendation to be as conservative as possible and noted that staff is comfortable with the City
Council allocating the recommended 5% increases for funding requests based on the available
balances.
Assistant City Manager Deb Schildroth presented the Human Services Funding requests for FY
2023-24 through the Analysis of Social Services Evaluation Team (ASSET). She explained that
Central Iowa Community Services (CICS) continues to fund mental health and disability services
separately from the ASSET process before highlighting the noteworthy agency requests for the
next fiscal year, which included a new agency request from The Community Academy. She
concluded by noting that the ASSET funds requested by agencies total 11.84% over the current
fiscal year budgeted amount.
The City Council Members participated in detailed conversation concerning Human Services to
guide the decision regarding funding options.
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Moved by Gartin, seconded by Beatty-Hansen, to approve an 8% increase to last year’s budget.
Vote on motion: 3-3. Voting Aye: Beatty-Hansen, Gartin, Junck. Voting Nay: Betcher, Corrieri,
Rollins. Motion failed.
Moved by Corrieri, seconded by Beatty-Hansen, to approve a 6% increase from last year’s budget.
Vote on Motion: 6-0. Motion declared carried unanimously.
Assistant City Manager Brian Phillips announced the requests for Performing Arts Funding
through the Commission on the Arts (COTA). He highlighted that requests are up by 20.5% from
the previous year. He explained how the Commission utilizes funding for annual grant contracts
and special project grant contracts before entertaining questions.
Council Member Betcher inquired about the results of the special project grants and what that
funding brought to the community. Mr. Phillips shared that organizations use special project grants
to bring artists in to host a workshop or seminar, put on an additional performance or exhibition,
and more. He stated that the goal of the special project grants is for the organizations to think
creatively when it comes to performing arts.
Moved by Betcher, seconded by Beatty-Hansen, to approve a 6% increase from last year’s budget.
Vote on Motion: 5-0-1. Gartin abstained due to conflict of interest. Motion declared carried.
The funding requests from Outside Organizations were presented by Assistant City Manager Brian
Phillips. He stressed that this evaluation is always difficult because it is comparing very different
activities across multiple different funding sources. Mr. Phillips noted that the total request for FY
2023-24 is up by 20.1% from the previous year, and summarized the requests received.
Council Member Corrieri inquired if staff would be able to request additional funding information
from the organizations. Mr. Phillips replied in the affirmative and Council Member Corrieri
requested that more detailed funding information be solicited from Hunziker Youth Sports
Complex due to the notable increase in their funding request over the current fiscal year. Assistant
City Manager Phillips noted that staff would seek out that information and have it available to the
City Council in February when the funding allocations are presented by staff in February of 2023.
Moved by Junck, seconded by Betcher, to approve an increase of 6% on the local option sales tax
option only.
Vote on Motion: 5-0-1. Corrieri abstained due to conflict of interest. Motion declared carried.
Assistant City Manager Phillips presented the funding request from the Public Art Commission.
He noted that the Commission is not requesting an increase in funding and has maintained a healthy
account balance to fund a number of projects.
Council Member Betcher asked about the capacity of the Commission to continue pilot projects
such as the Storm Drain Art Project and Fire Hydrant Painting Program. Mr. Phillips noted that
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the Commission desires experience with these projects and see how the artwork withstands varying
weather conditions before making further investments. He shared some of the upcoming projects
the Commission has shown interest in or are currently working on, noting that if the City Council
has a particular initiative, a referral can be sent to the Commission. Additionally, he noted that the
Public Art Inventory has grown substantially, and the Commission is undergoing an evaluation to
maintain the integrity of the current art inventory.
Council Member Betcher inquired about the Small Art Grant and the Capital Arts Grant. Assistant
City Manager Phillips provided a report of the status of each project, noting that he would have to
look into the remaining funding for each program.
City Manager Schainker highlighted other points of funding that the City Council may want to
consider in the budgeting process, including facility improvements for the Animal Shelter and Fire
Station No. 2.
Mayor Haila recessed the meeting at 8:24 p.m. and the meeting reconvened at 8:29 p.m.
HEARING ON 2022/23 ASPHALT STREET PAVEMENT IMPROVEMENTS (28TH
STREET): Mayor Haila opened and closed the Public Hearing when no one came forward to
speak.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 22-647 approving final plan
and specifications and awarding contract to Manatt’s, Inc., Brooklyn, Iowa, in the amount of
$846,926.84.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON PROPOSED ZONING TEXT AMENDMENT TO ALLOW A 20%
REDUCTION TO REQUIRED PARKING FOR CERTAIN COMMERCIAL AND
INDUSTRIAL USES ON SITES WITH MORE THAN 100 PARKING STALLS: Planning
and Housing Director Kelly Diekmann noted that the text amendment was consistent with the
direction from the City Council for parking. He reviewed the deductions listed in the code and
clarified that the text amendment would not be applicable to special purpose districts such as the
Hospital/Medical District or the Downtown Gateway.
The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak.
Moved by Rollins, seconded by Gartin, to pass on first reading an ordinance on a Zoning Text
Amendment to allow a 20% reduction to Required Parking for Certain Commercial and Industrial
Uses on Sites with more than 100 Parking Stalls.
Roll Call Vote: 6-0. Motion declared carried unanimously.
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HEARING ON PROPOSED ZONING TEXT AMENDMENT TO AMEND THE HOME
OCCUPATION REGULATIONS: Mayor Haila opened the Public Hearing and noted staff
requested to continue the hearing to January 10th, 2023.
Moved by Betcher, seconded by Gartin, to continue hearing to January 10th, 2023.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Gartin, seconded by Rollins, to advertise the Public Hearing to alert the general public
to the amendment and notify individuals with home occupations that the option to speak on the
topic is available at the meeting,
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON REZONING WITH A MASTER PLAN THE PROPERTY ON THE
SOUTHWEST CORNER OF CAMERON SCHOOL ROAD AND GEORGE
WASHINGTON CARVER AVENUE FROM “A” (AGRICULTURAL) TO “FS-RL”
(SUBURBAN RESIDENTIAL LOW-DENSITY) AND “FS-RM” (SUBURBAN
RESIDENTIAL MEDIUM-DENSITY): Planner Julie Kruse presented the rezoning with Master
Plan, noting that the request is to rezone the approximately 85.62 acres of the larger 105.62-acre
area from Agricultural (A) to Suburban Residential Low Density (FS-RL) to Suburban Residential
Medium Density (FS-RM) to accommodate the future “Bluffs at Dankbar Farms” development.
The remaining 20 acres of the site would retain Agricultural zoning within the Master Plan. Ms.
Kruse reviewed the street layout and infrastructure, while also highlighting the requirements for
open space and natural areas within the development as well as the sanitary sewer capacity.
Planner Kruse clarified that staff is recommending approval with the condition that the
environmental overlay be applied, which is commonly seen for developments that are close in
proximity to the Ioway Creek.
Council Member Rollins inquired about commercial use within the development. Planner Kruse
explained that the 20-acre area retaining the Agricultural zoning includes the Neighborhood Core
designation and RN-3 designation. This area is not being rezoned at this time as the developer
seeks to sell the land to a religious institution, thus commercial development is not anticipated at
this time, though it is allowed within Plan 2040. Council Member Gartin asked about how taxation
on the land is affected by the zoning designation. Director Diekmann responded by noting that the
zoning designation does not have an effect on the taxable value of the land before explaining the
walkable neighborhood model for the development per the request of Council Member Rollins.
The Public Hearing was opened by Mayor Haila.
Kurt Friedrich, Friedrich Land Development, 100 6th Street, Ames, shared his joy in bringing the
project before the City Council after purchasing the land almost eight years prior. He thanked the
Dankbar and Munch Families as well as City staff for their assistance in bringing the project to
this point. He stated that the development will fill the much-needed options for both rental and
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owner-occupied housing. Mr. Friedrich concluded by noting that the religious use on the corner of
the property will be a nice anchor for the development and staff at Friedrich are excited to break
ground in 2023.
The Public Hearing was closed by Mayor Haila when no one else came forward to speak.
Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance rezoning with a
Master Plan the property on the Southwest Corner of Cameron School Road and George
Washington Carver Avenue from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-
Density) and “FS-RM” (Suburban Residential Medium-Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON URBAN RENEWAL AREA PLAN FOR 2105 AND 2421 NORTH DAYTON
AVENUE (SMALL LOT INDUSTRIAL SUBDIVISION): Mayor Haila opened and closed the
Public Hearing when no one came forward to speak.
Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 22-648 approving Urban
Renewal Plan and establishing an Urban Renewal Area.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance creating Tax-
Increment Financing District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
FIRST PASSAGE OF ORDINANCE TO AMEND MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY AMENDING CHAPTER 28, DIVISION 1 FOR THE PURPOSE OF
ESTABLISHING A COMMERCIAL ELECTRIC VEHICLE CHARGING RATE AND
UPDATES TO THE INDUSTRIAL TIME-OF-USE RATE: Director Kom shared that the
amendment is intended to promote off-peak charging to encourage broader adoption of electric
vehicles, reduce impacts of on-peak energy demands, and capitalize on lower off-peak energy
rates. He noted that off-peak charging benefits all ratepayers by selling more energy during periods
that do not contribute to overall system peak. This proposed rate offers a discount in the demand
cost for energy used between 9 p.m. and 9 a.m., when energy prices per kWh are lower than market
energy purchased during the daylight hours.
Council Member Gartin highlighted the immense benefit of this amendment for commercial
customers in the community, inquiring if staff had been in conversation with potential interested
parties. Director Kom stated that staff had been in communication with a number of different
commercial businesses who expressed great interest, he also noted that City of Ames departments,
such as CyRide, would benefit as well.
The Public Input was opened and closed by Mayor Haila when no one came forward to speak.
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Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance to amend Municipal
Code of the City of Ames, Iowa, by amending Chapter 28, Division 1, for the purpose of
establishing a Commercial Electric Vehicle Charging Rate and Updates to the Industrial Time-of-
Use Rate.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND PASSAGE OF ORDINANCE TO AMEND MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY AMENDING CHAPTER 12, SECTION 12.2 AND 12.3 FOR THE
PURPOSE OF ESTABLISHING ELECTION OF HOSPITAL TRUSTEES, TERM OF
OFFICE AND QUALIFICATIONS: Moved by Betcher, seconded by Rollins, to pass on second
reading an ordinance to amend Municipal Code of the City of Ames, Iowa, by amending Chapter
12, Section 12.2 and 12.3, for the purpose of establishing election of hospital trustees, term of
office and qualifications.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
six items to consider.
The first item was an email from Chad Miller inquiring about the City Code regarding the use of
snowmobiles. Moved by Gartin, seconded by Beatty-Hansen, to refer to staff for a memo.
Vote on Motion: 6-0. Motion declared carried unanimously.
An email from Tom Russell was the second item regarding Shared Use Path winter maintenance.
Moved by Beatty-Hansen, seconded by Gartin, to refer to staff for a memo regarding shared use
path winter maintenance, including written policy if available.
Vote on Motion: 6-0. Motion declared carried unanimously.
The third and fourth items were from Mayor Popp from the City of Gilbert and the Story County
Board of Supervisors regarding the extension of the current Ames Urban Fringe Plan.
Moved by Betcher, seconded by Rollins, to place the extension of the plan on the December 20th,
2022, City Council agenda.
Vote on Motion: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay:
Gartin. Motion declared carried.
An email from Amelia Winfrey was the fifth item regarding bike and pedestrian safety along
George Washington Carver Avenue and West 190th Street. Mayor Haila agreed to respond back
to Ms. Winfrey to discuss this item as appropriate, where there is jurisdiction, and explain the Bike
and Pedestrian Master Plan input process.
The sixth item was a letter from Melissa McGarry, Executive Director of the Mary Greeley
Foundation, regarding a request for funding for the Alternative Response for Community Health
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(ARCH) Program. Moved by Gartin, seconded by Rollins, to direct the City Manager to explore
ways to fund a portion of or all of the request in the FY 2023-24 budget.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Council Member Beatty-Hansen shared that she received a sweatshirt
from Richard Deyo this evening and expressed her gratitude.
Council Member Rollins noted that she had received communication from a community member
regarding front yard fencing. She wanted to open this topic for discussion, citing the climate action
goals, as the limitations of the current front yar fencing standards have an adverse effect on the
ability for residents to maintain vegetable garden in front of their home. The City Council Members
engage in short discussion with Planning and Housing Director Diekmann.
Moved by Rollins, seconded by Beatty-Hansen, to refer to staff for a memo on front yard fencing.
Vote on Motion: 4-2. Voting Aye: Beatty-Hansen, Betcher, Junck, Rollins. Voting Nay: Corrieri,
Gartin. Motion declared carried.
Council Member Gartin extended his condolences to the family of Bill Bergan, who recently
passed away. Mr. Gartin noted that Mr. Bergan had an enormous contribution to the community
and was one of those people that were the glue behind the community.
Council Member Betcher reiterated the thanks to the ASSET board members. She noted that she
is always impressed with the work of the volunteers. She also wished all of the Iowa State students
well during finals week.
Mayor Haila shared that Wreaths Across America would be hosting a wreath laying ceremony at
the Ames Municipal Cemetery on Saturday, December 18th, 2022, at 11:00 a.m. to honor veterans
this holiday season. He invited all to attend the event.
CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason
to go into Closed Session. Mr. Lambert replied in the affirmative, citing Section 21.51 (1)c, Code
of Iowa, to discuss items presently in or threatened to be in litigation.
Moved by Gartin, seconded by Betcher, to go into Closed Session.
Roll Call Vote: 6-0. Motion declared carried unanimously.
The City Council entered into a Closed Session at 9:14 p.m. and reconvened in Regular Session at
9:33 p.m.
ADJOURNMENT: Moved by Beatty-Hansen, seconded by Betcher, to adjourn the meeting at
9:34 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
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__________________________________ ____________________________________
Carly M. Watson, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA DECEMBER 20, 2022
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 December, 2022, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Gloria Betcher, Amber Corrieri, Tim
Gartin, Rachel Junck, and Council Member Anita Rollins was brought in telephonically. Council
Member Bronwyn Beatty-Hansen was absent. Ex officio Member Bryce Garman was absent.
Council member Bronwyn Beatty-Hansen arrived at 6:01 p.m.
CONSENT AGENDA: Mayor Haila noted that Consent Agenda Item Number 7 should read
“Major Final Plat,” which the agenda had been corrected to reflect.
Moved by Corrieri, seconded by Betcher to approve the consent agenda.
1. Motion approving new 12-Month Class E Retail Alcohol License – Casey’s #4315 – 3218
Orion Drive -Pending Favorable DIA Inspection
2. Motion approving new 12-Month Class E Retail Alcohol License – Casey’s #4314 – 1118
South Duff Avenue - Pending Favorable DIA Inspection
3. Motion approving DBA name update for Class E Liquor License, Class C Beer Permit, and
Class B Wine Permit with Sunday Sales – Tobacco Outlet Plus #530 to KWIK SPIRITS #530,
204 S. Duff Ave
4. RESOLUTION NO. 22-649 approving preliminary plans and specifications for SAM Pump
Station Standby Generator, setting January 25, 2023, as the bid due date and February 14,
2023, as the date of public hearing
5. RESOLUTION NO. 22-650 approving Change Order No. 3 to Sargent & Lundy LLC,
Chicago, Illinois, for additional engineering services for the RDF Storage Bin Repair Project
in the amount not to exceed $64,000
6. Ely’s Subdivision, 1st Addition
a. RESOLUTION NO. 22-651 approving Minor Final Plat
b. RESOLUTION NO. 652 approving Sidewalk Deferral Agreement
7. RESOLUTION NO. 22-653 approving Major Final Plat for Quarry Estates, 6th Addition
8. RESOLUTION NO. 22-654 approving extension of Ames Urban Fringe Plan 28E Agreement
until April 30, 2023
Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
WORKSHOP ON WASTE-TO-ENERGY OPTIONS STUDY: Bill Schmitt, Superintendent
of the Resource Recovery Plant (RRP), opened the presentation with an overview of the history of
the City of Ames’ current Waste-To-Energy system, which has been in place since 1975. He
outlined that the current system being referenced included the RRP, the Storage and Holding Bin,
and the Power Plant. He stated the purpose of the study was to examine the current system and
how it may be improved with new technologies as well as look to planning for the next 20 years
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with a forward-thinking approach. Superintendent Schmitt introduced the firm who produced the
report, RRT Design and Construction (RRT). Mr. Schmitt noted there were five options RRT had
originally been contracted to evaluate, as well as two sub-options that came to light through the
study that the team preparing the evaluation felt were good options to explore and consider. Brett
Wolfe and John Sasso, of RRT, presented on the Waste-To-Energy Options they had been
commissioned to explore on behalf of the City of Ames.
Mr. Wolfe opened the presentation by thanking the City for the opportunity to present their
findings and noted the extensive experience working with municipalities and qualifications of the
RRT team who worked on the project. He noted that while this was a technical study, the financial
aspect of the study was a key aspect to evaluate with each option and would be presented alongside
the technical information. Mr. Wolfe also credited Capital Market Advisors as the subconsultant
who worked with the RRT team to provide the financial modeling included in the presentation.
City staff were also credited as being a key component of the team.
Council Member Gartin inquired about RRT’s experience with Refuse-Derived Fuel (RDF) and
plants similar to the City of Ames’. Mr. Wolfe highlighted projects RRT had worked with
previously, that are similar to the current system the City has, but noted there was a size difference.
Mr. Wolfe cited the Request for Proposal (RFP) when outlining the goal of the study: the purpose
of the study was to evaluate credible options for disposing Municipal Solid Waste (MSW) in a
waste-to-energy system that could satisfy the county’s solid waste disposal needs for 2023 and
beyond. He also noted that priorities to consider were population growth, environmental
stewardship, landfill avoidance with increasing tonnage, reducing reliance on natural gas, and
reducing greenhouse gas (GHG) impact. These priorities led to the evaluation of five Waste-To-
Energy options and two sub-options, as well as the technical and financial study. Mr. Wolfe noted
RRT had made no recommendations in the study or report and would not be making any. He noted
RRT’s role was to provide options for City Council’s consideration but not to endorse any.
Mr. Wolfe further examined the capabilities of the current system. He noted the RRP currently
handles 52,000 Tons Per Year (TPY) of MSW, which is then converted to RDF to be used by the
Power Plant (PP) to create electricity. The RRP is utilized by 12 cities in Story County, the County
itself, and Iowa State University. The PP handles 32,000 TPY of RDF and serves 28,000 metered
customers. Mr. Wolfe noted that by law, 30 percent of RDF must be co-fired with 70 percent
natural gas by weight, which is costly both financially and environmentally. He also highlighted
that the PP is the provider of about 40 percent of Ames electric energy supply.
Council Member Gartin inquired if the City Council needed to operate with the understanding that
the co-fired variable was needed when the Council was considering options. Mr. Sasso clarified
the air permit was designated to be co-fired with coal when the RRP became operational. Due to
this, the boilers were designed with that requirement in mind, which meant the boilers could not
be altered to run on 100 percent RDF. Gartin clarified this led to physical constraints in the system
that limited options and were binding outside of the permit requirements.
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Mr. Wolfe then summarized the current system challenges facing the city. He noted that currently,
approximately 2,700 TPY of MSW must be directed to the landfill due to Waste-to-Energy (WTE)
capacity limitations and that this number would grow to 17,000 TPY by 2044 if 1.1. percent growth
rate is realized. Another factor highlighted by Mr. Wolfe was the requirement to burn natural gas
as a large contributor to GHG emissions. He noted the availability of other market energies that
had both lower costs and lower GHG emissions and noted that MISO requires the City to have the
capacity to meet 110% of the City’s historic electric demand.
Mr. Wolfe explained the RRP process has the capacity to divert 3,800 TPY of waste from the
landfill. He also noted the Waste-to-Energy approach is preferred by the Environmental Protection
Agency over sending waste to a landfill.
Energy through the PP was the next aspect Mr. Wolfe focused on. He highlighted the two RDF
boilers located at the PP produce electricity at the price of $56/MW. The rest of the city’s electric
needs are met from other areas of the grid such as wind, solar, or fossil generation, at prices of
$30/MW during peak time, and $17/MW on off-peak times.
Mr. Wolfe went on to explain that of the five options being presented for Council’s consideration,
one was the base case, which was what would happen if the City did not take action and continued
operations as they are now. He then turned the floor over to his colleague, John Sasso to explain
the five options and two sub-options that RRT was asked to evaluate.
Mr. Sasso listed the five options and two sub-options given to RRT to evaluate:
1. Utilize the existing Resource Recovery and Power Plant as is (Base Case used
for comparison)
2A. Utilize the existing Resource Recovery Plant and construct a new dedicated
refuse-derived fuel (RDF) unit at the Power Plant with Unit 8 serving as a
backup unit
2B. Modify the Resource Recovery Plant to produce larger, 20” RDF, (currently 4”)
and construct two new dedicated RDF units at the Power Plant (does not rely
on Unit 8 as a backup)
3A-1. Construct a new Resource Recovery Plant at the Coal Yard, and construct a
new dedicated refuse-derived fuel (RDF) unit at the Power Plant with Unit 8
serving as a backup unit
3A-2. Construct a new Resource Recovery Plant and construct two new dedicated
RDF units producing steam to an industrial host at a new greenfield site
3B-1. Construct two new MSW mass burn units (no pre-processing) at the Coal Yard
site
3B-2. Construct two new MSW mass burn units (no pre-processing) producing steam
to an industrial host at a new greenfield site.
4
Mr. Sasso stated that for all options listed, excluding options 3A-2 and 3B-2, the new units would
contribute 6 MW of additional capacity compared to the base case of how the City had operated
up to that point. He also directed those interested to Table 3 and Table 4, included in the report
and Council Summary packet, for a simplified version of the information about to be presented.
While discussing the base case, Mr. Sasso noted that current MSW levels exceed the capacity of
the current system by at least 6 percent.
Mr. Sasso noted that base case allowed for 53 percent of MSW to be diverted from the landfill. He
further clarified for Council Members that this was due in some cases to the type of material, and
in other cases the MSW sent to the landfill was due to exceeding the capacity the current WTE
system is equipped to handle. Mr. Wolfe noted that of the current MSW that is sent to the landfill,
added capacity would divert another 2,700 TPY. If the base case is continued, the projection for
that number in 2044 is 17,000 TPY.
Mayor Haila inquired of the RRT team their perspective on the amount of MSW being processed
at the RRP. Mayor Haila noted 2,700 TPY of the MSW being taken in is diverted to the landfill.
Mr. Wolfe noted that the RRP is not burning to its full potential, and this problem becomes
exacerbated further in the future with increased projected intake. Superintendent Schmitt further
answered Mayor Haila’s inquiry by clarifying that currently the RRP is operating two shifts five
days a week, there is additional processing capacity available. He furthered that the choke point of
the system is that not all that RDF is able to be combusted as Units 7 and 8 are not able to burn at
the same time.
Another constraint noted by Superintendent Schmitt is at the RRP only about 45-50 hours of the
80-hour work week are used for processing, while the remaining hours are used for maintenance.
He stated that with more shifts and other accommodations the RRP would be able to handle the
volume of MSW coming in. Council engaged in robust conversations about what this meant for
the future of the RRP. City Manager Steve Schainker clarified for City Council that the processing
of the material is not necessarily the choke point, but the ability to burn the RDF is, and this has
led to the need to evaluate new systems to handle the burning. Council Members then asked more
clarifying questions of the current system to have a fuller understanding of how to approach the
other options put forth by the RRT report.
Mr. Sasso continued through the rest of the options, noting pros and cons for each. For each option
presented, he also evaluated the capital costs, operational and maintenance costs, environmental
impacts and permitting, externalities (such as truck traffic, odor, and noise), and the timeline to
design and construct. Additionally, the consultant was asked to identify the impacts of each option
on the existing diversion programs (glass and food waste).
Under Option 2A Mr. Sasso answered Council Member Gartin’s question of how the new system
would address the need for processing by explaining this option would eliminate the bottleneck on
the energy side by allowing for increased burning of RDF. Mr. Wolfe furthered this option allows
the City to accommodate the anticipated increase in MSW through the end of time period of the
5
study, 2044. Council Members then engaged in thorough conversation about how the needs and
constraints of the existing system would be affected by this option. Council Member Betcher
questioned the valuation of rejects and ash being sent to the landfill, which Mr. Sasso answered
by stating ash was preferable between the two as it had no GHG emissions. He also noted air
pollution control on the new units would capture pollutants up to EPA standards.
Conversation around Option 2A established the understanding that all options presented, excluding
the base case, were designed to meet the projected capacity needs of the City of Ames, and
considered all current input sources. Mr. Wolfe addressed Mayor Haila’s question about odor by
noting that raw MSW is what gives off odor usually, not the burning of it. Council Member Betcher
noted Table 3 showed this option overall reduced the amount of leftovers from the process and
inquired why that was. Mr. Sasso noted this was due to the increased ability to burn more MSW
under this option as the proposed boiler could handle more waste.
Options 3A-1 and 3A-2 called for a new state of the art RRP, one with the option to keep Unit 8,
and one with a potential customer for steam produced from the plant. The current RRP would
potentially be repurposed as it would no longer be utilized in the WTE process.
Option 3B-1 and 3B-2 both utilized mass burn technology, which Mr. Sasso noted is the most
common system being used today. Mr. Sasso furthered that air pollution control technology for a
RDF boiler and a mass burn boiler is the same, so the emissions would be on par with each other.
An additional benefit was the increased throughput, as almost everything was being burned which
leads to less going to the landfill. Robust conversation around the pros and cons of having a steam
partner to potentially sell generated steam ensued from these options and the risks and benefits
that would result. Council Member Beatty-Hansen asked for more clarification of how these
options would handle recycling metal. Mr. Sasso clarified these options also came with
recommendations to continue pulling metal out of the system at the front end to be recycled.
Discussion then moved to the ramifications of each option on GHG emissions. Mr. Sasso noted all
options besides the base case are projected to result in a greater than 40 percent reduction in GHG,
as all options reduce the City’s need for natural gas. He further discussed how this could potentially
support the City’s goal of reducing GHG by 83 percent. Electrical Services Director Donald Kom
came forward to clarify how these projections tied to the City’s current efforts and the implications
it had for C02 levels in the future. Director Kom referred back to the Climate Action Plan as he
stated WTE makes up 12 percent of the 83 percent reduction the City hopes to make in GHG
emissions. Further conversation around the GHG value of WTE followed.
Mr. Sasso presented on the financial models that had been developed for this report. He noted
factors that were considered included average annual costs, Net Present Value (NPV), and Internal
Rate of Return (IRR). It was also stated that for the study, the base case was run as an option that
could not go negative anytime during the 20-year evaluation period of the study. As further
financial tables were evaluated, conversation around the fluxuating costs of natural gas and the
possibility of steam revenue surfaced.
6
Director Kom came forward to explain how to think of these options in correlation to the continued
need to provide power to the City’s citizens as well, noting that none of the options resulted in the
City giving up any capacity to meet electrical demands. He also answered questions related to the
financial obligation of producing power with natural gas versus purchasing it from MISO. Council
Members and presenter Mr. Sasso engaged in robust discussion around the importance of natural
gas prices to each option for both costs to customers and GHG emissions, before he took questions
about further financial implications.
Mr. Wolfe noted that permitting is a very nuanced process that was hard to talk about without a
selection having been made, however he noted that Title V Air Permit would be required by the
State of Iowa DNR regardless of which option is selected. Power Plant Manager Curtis Spence
came forward to answer Council Member Betcher’s question about the possibility to increase
capacity for ash disposal. He noted the current model is not used for incineration as ash is different
and will be hauled to the landfill, regardless of which option is selected.
One of the additional items in the RFP was to evaluate against current City programs and programs
that may come forward in the future, Mr. Wolfe noted for the Council that WTE does not impede
recycling. He also noted that the organics diversion program improves combustion, and explained
they are complementary of each other. Mr. Wolfe also expressed support for further education
opportunities for Ames residents to get stakeholders positively involved in whichever option was
chosen to move forward. Council Member Gartin expressed his belief that it was time to have
community conversations around program values and Council Member Betcher further questioned
the importance of what it would look like for the City to run its WTE program potentially without
the staple of the RRP.
Mr. Wolfe went over the potential schedule for a typical product of this size, with over $100
million in capital, noting RRT’s estimate it would be six years from the time an engineer was
selected to pursue an agreed-upon option. He noted the permit process was not included in this
estimate but would want to be pursued before construction and commissioning.
Assistant City Manager Brian Phillips noted for the City Council there was two main components
to be considered in terms of evaluating the future feasibility of the status quo. He listed these as to
what extent the City is able to make improvements to the WTE process, and what the cost of
natural gas will be. Mr. Phillips reiterated to City Council that the higher the cost of natural gas
the less favorable the City’s current situation is. Director Kom noted an additional consideration
is that Boone County Landfill has stated they do not want anymore of the City’s trash, so the
sooner action is taken, the better.
City Manager Steven Schainker expressed something has to change in our current system to make
it more accessible for people to recycle, compost, and participate in other waste diversion
programs. He noted the importance of not giving up on these efforts on the front end of the process
to reduce the amount of waste that needed to be processed. Assistant City Manager Phillips
7
presented a financing scenario based on the lowest cost option, which was 2A. He noted options
for financing through garbage fees, property taxes, and electric services and the implications each
of those options would have on Ames residents. City Manager Schainker noted revenue bonds
would have to be used and would likely be done through electric utility. He also noted the
importance of presenting all information to customers in a way they can understand the value of
the action.
Director Kom then introduced the team that had been working with RRT to develop this plan. He
noted Assistant City Manager Brian Phillips, Public Works Director John Joiner, RRP
Superintendent Bill Schmitt, Power Plant Manager Curtis Spence, and former Electric employee
Brian Trower all played key roles in the development of the plan. Director Kom then stated Curtis
Spence and Electric Engineer Kristin Evans, with others in the PP, believe it may be possible to
move Combustion Turbine #2 near the current PP, construct a waste-to-energy boiler and steam
generator as envisioned in Option 2A, and use the exhaust gas heat from Combustion Turbine #2
to generate additional steam and produce more electricity. He furthered that staff is requesting that
the engineering firm Sargent & Lundy, LLC, Chicago, Illinois be retained to provide an evaluation
of this Combustion Turbine #2 Heat Recovery Steam Generator Concept. This evaluation is
expected to take four months. Savings in the amount of $86,267 are available from the WTE study
and the Power Plant Wastewater Treatment CIP projects for this project. Power Plant Manager
Spence noted this allows for both a capacity increase and the ability for the City to independently
operate these systems and that theoretically this could be used in addition to any of the options
previously presented.
Another possibility discussed by Director Kom that came forward as a result of the study was the
possibility of selling steam to an interested outside party. Through preliminary discussions,
Lincolnway Energy, whose host is Alliant, had emerged as a possible partner in building a new
WTE facility near its plant in Nevada, as Lincolnway Energy uses a substantial amount of steam
in its process to manufacture ethanol. Director Kom further explained if this potential partnership
was pursued, a variety of details would need to be further discussed with Lincolnway Energy (and
Alliant Energy, which is the electric and natural gas provider in that area), such as the ownership
and operating responsibility for the equipment, the source of the waste material to be converted,
and the extent of the City’s involvement in the overall system. Staff would like to hold further
discussions with Lincolnway Energy before the City Council takes final action regarding a
preferred option. Staff would then return to the City Council at a future date with a more detailed
analysis of the advantages and disadvantages of a partnership option. Director Kom noted he was
not making a request to spend any funds, but rather he sought permission to continue these
conversations.
PRESENTATION ON WASTE-TO-ENERGY MASTER PLAN
a. Motion accepting the Waste-to-Energy Options Study Final Report
8
b. RESOULTION NO. 22-655 approving contract with Sargent & Lundy, LLC, Chicago,
Illinois, evaluating the feasibility of a Combustion Turbine #2 Heat Recovery Steam
Generator Concept in the amount not to exceed $69,500
c. Motion authorizing staff to continue discussions with Lincolnway Energy regarding the
feasibility of a partnership to develop a waste-to-energy facility
Moved by Betcher, seconded by Corrieri Approving Alternative 1A, 1B, and 1C.
Roll Call Vote: 6-0. Motion declared carried unanimously.
URBAN RENEWAL AREA PLAN FOR 2105 AND 2421 NORTH DAYTON AVENUE
(SMALL LOT INDUSTRIAL SUBDIVISION):
Moved by Beatty-Hansen, seconded by Corrieri, to pass on second reading an ordinance passage
of ordinance creating Tax-Increment Financing District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
REZONING WITH A MASTER PLAN THE PROPERTY ON THE SOUTHWEST
CORNER OF CAMERON SCHOOL ROAD AND GEORGE WASHINGTON CARVER
AVENUE FROM “A” (AGRICULTURAL) TO “FS-RL” (SUBURBAN RESIDENTIAL
LOW-DENSITY) AND “FS-RM” (SUBURBAN RESIDENTIAL MEDIUM-DENSITY):
Moved by Betcher, seconded by Corrieri to pass on second reading an ordinance Rezoning with a
Master Plan the property on the Southwest Corner of Cameron School Road and George
Washington Carver Avenue from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-
Density) and “FS-RM” (Suburban Residential Medium-Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ZONING TEXT AMENDMENT TO ALLOW A 20% REDUCTION TO REQUIRED
PARKING FOR CERTAIN COMMERCIAL AND INDUSTRIAL USES ON SITES WITH
MORE THAN 100 PARKING STALLS:
Moved by Beatty-Hansen, seconded by Junck, to pass on second reading an ordinance for Zoning
Text Amendment to allow a 20% reduction to Required Parking for Certain Commercial and
Industrial Uses on Sites with more than 100 Parking Stalls.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
four items to consider.
The first item was an email from Lisa Kuehl, regarding informational notification pertaining to
the University of Northern Iowa’s “Good Neighbor Iowa” Program. Mayor Haila stated that this
item was for information only and no action was required.
The second item was a letter from the State Historic Preservation Office of Iowa, National
Register of Historic Places, regarding Nomination of the Cranford Apartment Building to the
National Register of Historic Places. Mayor Haila stated that this item was for information only
and no action was required.
9
The third was an email from Grant Thompson, regarding Front Yard Fencing – Consideration for
Vegetable Gardens. It was noted this had been referred at last meeting and was for informational
purposes only.
The fourth item was a letter from Jerry Nelson, of Onondaga Investments, regarding Zoning
Code relating to Non-Conforming Structures.
Moved by Betcher, seconded by Junck to direct to staff for a memo.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Council Member Betcher noted that it is exciting that Cranford
Apartment Building will be potentially listed as a Historical site. She noted it was a housing site
for women who were in engineering and mathematics who were teaching at Iowa State University.
She then wished everyone a safe and happy holiday season.
Council Member Gartin expressed his appreciation for staff clearing the snow, providing services,
and doing tasks that need to be done even in inclement weather.
Council Member Rollins echoed what had already been said and wished everyone a happy holiday.
City Manager Steve Schainker noted the City of Ames was being proactive and hoped no one
would experience an emergency at their home. He noted the City had begun work with the Red
Cross to be prepared to open local shelters if needed. He furthered that the Police and Fire
Departments have been working on logistics for helping people in need.
Mayor Haila shared the Wreaths Across America event at Ames Municipal Cemetery raised
enough money to place wreaths on 1,800 graves. He noted the Boy Scouts, including his grandson,
were out laying wreaths and credited the event as a very moving ceremony honoring veterans. He
shared the organizations goal next year is to raise enough for graves in the Ontario Cemetery as
well. Mayor Haila wished everyone a happy holiday.
ADJOURNMENT: Moved by Betcher, seconded by Junck to adjourn the meeting at 8:30 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
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)
Public Works 2021/22 Collector Street
Pavement Improvements
(Hoover Ave)
1 $2,185,487.58 Manatts, Inc $0.00 $22,136.00 T. Peterson KS
Electric
Services
Pad Mounted Transformers 3 $175,374.99 RESCO $1,297.69 $405.21 D. Kom ElelcEle
$ $ $
$ $ $
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: December 2022
For City Council Date: January 10, 2022
Item No. 4a
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)
Public Works South 16th Street
Improvements (S. 16th /
Grand
1 $4,085,830.80 Con Struct, Inc. $0.00 $7,454.30 J. Joiner KS
Public Works 2021/22 Concrete
Pavement Improvements (S
Kellogg Avenue & N 2nd
Street)
1 $967,416.31 All Star Concrete, LLC $0.00 $-(150.86) J. Joiner KS
Fleet/
Parks &
Recreation
Ames Downtown Plaza
Project
3 $4,333,000.00 Henkel Construction
Company
$-(156,897.40) $6,983.79 C. Mellies KS
Transit 60 Foot Articulated Bus 1 $$850,000.00 Nova Bus Inc $0.00 $-(48,817.00) D. Schildroth QE
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: December 2022
For City Council Date: January 10, 2023
Item No. 4b
Caring People Quality Programs Exceptional Service
Item No. 5
MEMO
TO: Members of the City Council
FROM: John A. Haila, Mayor
DATE: January 10, 2023
SUBJECT: Setting Special City Council Meeting Dates
The review of updates to the City Council’s goals requires more time than is
afforded by Regular City Council Meetings. A Special City Council Meeting is
needed.
Therefore, I recommend that the Council set January 28, 2023, as a Special City
Council Goal Update Session.
JAH/jsn
Mayor’s Office 515.239.5105 main 515 Clark Ave.
515.239.5142 fax Ames, IA 50010
www.CityofAmes.org
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Hy-Vee, Inc.
NAME OF BUSINESS(DBA)
Hy-Vee Market Cafe
BUSINESS
(515) 267-2949
ADDRESS OF PREMISES
3800 Lincoln Way Cafe Area
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50014
MAILING ADDRESS
5820 Westown Pkwy
CITY
West Des Moines
STATE
Iowa
ZIP
50266
Contact Person
NAME
Kelly Palmer
PHONE
(515) 267-2800
EMAIL
kpalmer@hy-vee.com
License Information
LICENSE NUMBER
LC0041487
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
Feb 24, 2022
EXPIRATION DATE
Feb 23, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 6
Page 2 of 3
PRIVILEGES
Catering
Status of Business
BUSINESS TYPE
Corporation
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Andrew
Schroeder
Johnston Iowa 50131 Vice President,
Accounting
0.00 Yes
Michael
Jurgens
Des
Moines
Iowa 50312 Vice President,
Secretary
0.00 Yes
Jeremy Gosch Urbandale Iowa 50323 CEO, President 0.00 Yes
Insurance Company Information
INSURANCE COMPANY
EMPLOYERS MUTUAL
CASUALTY COMPANY
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
Page 3 of 3
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Smart Choice
non-emergency
Administration
fax
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: December 22, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for January 10th, 2023, includes beer permits and liquor license
renewals for:
• Chipotle Mexican Grill (435 A. Duff Ave) - Class C Liquor License with Outdoor Service
and Sunday Sales
• Fuji Japanese Steakhouse (1614 S. Kellogg Ave 101) - Class C Liquor with Sunday Sales
• American Legion Post #37 (225 Main St) - Class A Liquor License with Sunday Sales
• Springhill Suites (1810 SE 16th St) - Special Class C Liquor License with Sunday Sales
• The Filling Station (2400 University Blvd) - Class E Liquor License with Class B Wine
Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales
• Clouds Coffee (119 Stanton Ave Ste 701) - Special Class C Liquor License (B/W)
• The Angry Irishmen (119 Main St) - Class C Liquor License with Outdoor Service and
Sunday Sales
• Hy-Vee Market Café (3800 Lincoln Way) - Class C Liquor License with Catering Privilege
and Sunday Sales
A review of police records for the past 12 months found no liquor law violations for the
above locations. The Ames Police Department recommends the license renewal for the
above businesses.
Smart Choice
non-emergency
Administration
fax
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: December 22, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for January 10th, 2023, includes beer permits and liquor license
renewals for:
• Dublin Bay (320 S 16th) - Class C Liquor with Catering Privilege, Outdoor Service, and
Sunday Sales
A review of police records for the past 12 months found 1 liquor law violation. During a
compliance check on March 10th, 2022, an employee sold alcohol to a minor and was
cited accordingly.
The Police Department will continue to monitor the above location by conducting regular
foot patrols, bar checks and by educating bar staff through training. The Ames Police
Department recommends license renewal for the above business.
1
COUNCIL ACTION FORM
SUBJECT: REQUESTS FROM AMES MAIN STREET FOR JANUARY DOLLAR
DAYS
BACKGROUND:
Ames Main Street (AMS) is planning to host its annual dollar days from Thursday, January
26 through Sunday, January 29, 2023. To facilitate this event, AMS is requesting a waiver
of parking fees and enforcement in the Downtown on Saturday, January 28, 2023. Fulfilling
this request and providing free parking for 613 metered parking spaces yields an estimated
loss of $1,379.25 to the Parking Fund. Funds from the Local Option Sales Tax Fund have
been placed in the FY 2022/23 City Budget to reimburse the Parking Fund for this event.
In addition, AMS requests a blanket Temporary Obstruction Permit for January 28. The
requests are detailed in the attached letter.
ALTERNATIVES:
1. Approve the requests from Ames Main Street for Saturday, January 28, as outlined
above, including a transfer of $1,379.25 from the Local Option Sales Tax Fund to
the Parking Fund.
2. Do not approve the request.
CITY MANAGER'S RECOMMENDED ACTION:
Ames Main Street sidewalk sales have been successful in bringing shoppers to the
Downtown area. Sufficient funding exists in the City Budget to reimburse the Parking Fund
for the lost revenue for the free parking request.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
ITEM # 8
DATE 01-10-23
DEPT Admin.
ITEM#: 9
DATE: 01-10-23
DEPT: FIN
COUNCIL ACTION FORM
SUBJECT: RESOLUTION AUTHORIZING AND APPROVING A LOAN
DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF $4,071,000 OF SEWER REVENUE
BONDS, SERIES 2023A
BACKGROUND:
The City’s Capital Improvement Plan includes a program for rehabilitation/reconstruction of
deficient sanitary sewers and deteriorated manholes at various locations throughout the
City. A State Revolving Fund (SRF) Clean Water Loan in the amount of $4,071,000 was
identified as the funding source for the sanitary sewer system improvements which include
rehabilitation of approximately 7,700 linear feet of sanitary sewer near Ames High School
and Veenker Golf Course.
A public hearing was held on November 22, 2022, and a Council resolution is now
necessary to enter into the agreement to receive the requested funding for this FY
2022/23 project.
The SRF program provides competitive interest rates to support publicly financed water and
sewer projects. This resolution authorizes and approves the issuance of the bonds and
disbursement agreement with a 20-year term and an interest rate of 1.75%. The agreement
also includes a 0.25% annual servicing fee and a one-time initiation fee of 0.5%. The annual
debt service varies over the course of the bond repayment schedule, but once fully
amortized will result in annual debt service payments of approximately $260,000. Funding
for the annual debt service payments will be included in the Sanitary Sewer Utility’s annual
budget.
ALTERNATIVES:
1. Approve the State Revolving Fund Clean Water Loan agreement in an amount not to
exceed $4,071,000.
2. Do not approve the loan agreement and direct City staff to identify other sources to
fund the project.
CITY MANAGER’S RECOMMENDED ACTION:
Approval of this loan agreement will ensure that funding is available to carry out the sanitary
sewer system improvements as previously approved by Council. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative No. 1 as
described above.
ITEM#: 10
DATE: 01-10-23
DEPT: FIN
COUNCIL ACTION FORM
SUBJECT: RESOLUTION AUTHORIZING AND APPROVING A LOAN
DISBURSEMENT AGREEMENT AND PROVIDING FOR THE ISSUANCE
AND SECURING THE PAYMENT OF $8,357,000 OF SEWER REVENUE
BONDS, SERIES 2023B
BACKGROUND:
The City’s Capital Improvement Plan includes a program for the rehabilitation and
reconstruction of deficient sanitary sewers and deteriorated manholes at various locations
throughout the City. A State Revolving Fund (SRF) Clean Water Loan in the amount of
$8,357,000 was identified as the funding source for the sanitary sewer collection system
improvements included in the FY 2018/19 and FY 2019/20 capital budgets.
A public hearing was held on November 22, 2022, and a Council resolution is now
necessary to enter into the agreement to receive the requested funding for these
projects.
The SRF program provides competitive interest rates to support publicly financed water and
sewer projects. This resolution authorizes and approves the issuance of the bonds and
disbursement agreement with a 20-year term and an interest rate of 2.75%. The agreement
also includes a 0.25% annual servicing fee and a one-time initiation fee of 0.5%. The annual
debt service varies over the course of the bond repayment schedule, but once fully
amortized will result in annual debt service payments of approximate ly $583,000. Due to
the timing of the debt issuance, this bond series will be issued as taxable and the rate
will be 2.75% versus the 1.75% for the FY 2022/23 project. Funding for the annual debt
service payments will be included in the Sanitary Sewer Utility’s annual budget.
ALTERNATIVES:
1. Approve the State Revolving Fund Clean Water Loan agreemen t in an amount not to
exceed $8,357,000.
2. Do not approve the loan agreement and direct City staff to identify other sources to
fund the project.
CITY MANAGER’S RECOMMENDED ACTION:
Approval of this loan agreement will ensure that funding is available to carry out the sanitary
sewer system improvements as previously approved by Council. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative No. 1 as
described above.
ITEM#: 11
DATE: 1-10-23
DEPT: Fire
COUNCIL ACTION FORM
SUBJECT: REPRESENTATION ON STORY COUNTY 911 SERVICE BOARD
BACKGROUND:
The Story County 911 Service Board supports 911 emergency communications services
in Ames and throughout Story County. The Board receives, administers, and disperses
the 911 surcharge that is levied on all wireline and wireless phones. The Board provides
support to Ames by subsidizing a variety of emergency response costs including
telephone trunk lines, radio subscriber fees, and the purchase of emergency
communications equipment in the Ames Communications Center.
The City has two voting members on the Board, representing: 1) the City as a whole,
and 2) the Chief of Police (as the director of the communications center). Each voting
member has a designated alternate. The current members are:
For the City of Ames:
Member – Tom Hackett, Fire Department Deputy Chief
Alternate – Doug Allen, Fire Department Deputy Chief
For the Chief of Police:
Member – Geoff Huff, Chief of Police
Alternate – Aaron DeLashmutt, Police Department Support Services Manager
Deputy Fire Chief Doug Allen retired from the City effective January 7, 2022. Karen
Tapper was promoted to Deputy Fire Chief to succeed him. City staff is requesting to
appoint Deputy Chief Tapper as the alternate member to the Board.
ALTERNATIVES:
1. Approve the appointment of Karen Tapper as the City of Ames alternate to the
Story County 911 Service Board, replacing Doug Allen.
2. Do not approve the appointment and direct staff to recommend another appointee.
CITY MANAGER’S RECOMMENDED ACTION:
The Story County 911 Service Board continues to provide professional and financial
resources to the City to support emergency response activities. It is important to maintain
representation on this Board. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1 as described above.
RESOLUTION NO. ______
RESOLUTION APPROVING AND ADOPTING
SUPPLEMENT NO. 2023-1 TO THE AMES MUNICIPAL CODE
BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that in accordance
with the provisions of Section 380.8 Code of Iowa, a compilation of ordinances and amendments
enacted subsequent to the adoption of the Ames Municipal Code shall be and the same is hereby
approved and adopted, under date of January 1, 2023, as Supplement No. 2023-1 to the Ames
Municipal Code.
Adopted this day of , 2023.
___________________________
John A. Haila, Mayor
Attest:
_______________________________
Renee Hall, City Clerk
Item No. 12
1
ITEM#: 13
DATE: 01-10-23
DEPT: HR
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR PHARMACY BENEFIT MANAGER
SELECTION PROCESS
BACKGROUND:
The City has contracted with Wellmark Blue Cross and Blue Shield to provide health
insurance services for many years. Included in the health insurance contract are
pharmacy benefits. Pharmacy costs have represented approximately 19% of the overall
health insurance budget in the last several years, with notable exceptions occurring in FY
2020/21 and FY 2021/22 – largely due to the COVID-19 pandemic. These pharmacy
costs are projected to increase to 22% (~$2.5M) of the overall health insurance budget in
the next fiscal year.
Within the existing contract with Wellmark, it is possible to carve out pharmacy benefit
management as a separate insurance plan. Pharmacy benefits could then be
administered by a pharmacy benefits manager selected through a competitive process ,
who would negotiate pricing with retailers, establish the formulary (including the “tiers” of
drugs placed at different co-pay points), and administer policies such as quantity
limitations and step therapy (requirements to try a certain number of lower cost drugs
before authorizing coverage for a higher-cost non-preferred drug).
Staff believes a competitive process has the potential to produce substantial cost
savings compared to the current pharmacy services that are bundled with
Wellmark’s insurance program. Given the potential for a small percentage
reduction in pharmacy cost resulting in a substantial dollar savings, staff would
like to take the steps to initiate that competitive bid process.
The bidding process to select a Pharmacy Benefits Manager (PBM) is a significant
and complex undertaking that staff feels would be best administered by subject
matter experts. Arthur J. Gallagher Benefits Services (Gallagher) has worked with the
City for the last six years as its benefits consultants and has become very knowledgeable
about the City’s benefits plans, budget, and overall goals related to the management of
benefits. Gallagher is uniquely qualified to assist City staff in selecting a Pharmacy
Benefits Manager that will offer a high level of service to employees with minimal
disruption to existing service while providing significant cost savings.
Gallagher has provided a proposal to the City that outlines cost and timing of a competitive
bid process to select a PBM. The proposal includes the development of the scope,
expectations for service, and detailed questions for the pharmacy benefits managers that
choose to bid. Gallagher will then work with each submission to determine overall cost,
2
potential savings, overall plan design, and potential disruption in service based on actual
pharmacy claims data and each submission’s proposed pricing structure.
The timeline prepared by Gallagher ensures full implementation of a PBM by July 1, 2023.
Pricing as proposed by Gallagher, is as follows:
RFP Process $50,000
Implementation Support (waived if current vendor is selected) $15,000
Post Implementation Audit (waived if current vendor is selected) $45,000
MAXIMUM POTENTIAL COST $110,000
It is possible that the competitive process will result in the City remaining with the current
vendor (Wellmark). If that is the case, then the City would not retain Gallagher’s services
for the Implementation Support ($15,000) or the Post -Implementation Audit ($45,000).
Funding for Gallagher’s services under this contract will be made available from the
Health Insurance Fund available balance, which is estimated at approximately $7.7
million as of January 1, 2023.
Staff is requesting that the City Council waive the City’s Purchasing Policy to allow
the City to award the contract for the PBM selection process to Gallagher. Doing
so will allow the process to conclude in time for a July 1, 2023 effective date and
will reduce the possibility of disruption to employees and covered family members
if a new PBM is selected.
It is expected that an evaluation of this type may need to occur in the future at intervals
of 3-4 years to ensure that the pharmacy services received by the City are the best
possible value and quality. It is staff’s expectation that any consulting services obtained
in the future to assist in the evaluation process would be competitively bid.
ALTERNATIVES:
1. Waive the City’s Purchasing Policy and Procedures requirement for competitive
bidding and award a contract for the Pharmacy Benefits Manager selection
process to Arthur J. Gallagher Benefits Services in an amount not-to-exceed
$110,000.
2. Direct staff to solicit competitive proposals for assistance in the selection of a
Pharmacy Benefits Manager, thereby delaying the implementation of any new
agreement for Pharmacy Benefits Manager services to July 2024 at the earliest.
CITY MANAGER’S RECOMMENDED ACTION:
City staff is hopeful that significant cost savings can be achieved by soliciting proposals
for a Pharmacy Benefits Manager. Because of the substantial analysis required to
accurately evaluate potential proposals for this service, staff believes the best course is
to utilize a third-party firm to solicit proposals and evaluate them. Gallagher has provided
3
health insurance benefits analysis for the City for the past several years and City staff is
satisfied with the firm’s work.
Due to the start of a new plan year in July, 2023, staff believes it is prudent to waive
the City’s purchasing requirement to solicit competitive proposals and award a
contract to Gallagher for the Pharmacy Benefits Manager evaluation process.
Doing so will allow the evaluation to be completed and pote ntial new vendor to be
in place before July 1, 2023. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
1
ITEM#: 14
DATE: 01-10-23
DEPT: P & R
COUNCIL ACTION FORM
SUBJECT: COMMUNITY ATTRACTION AND TOURISM (CAT) GRANT
APPLICATION FOR FITCH FAMILY INDOOR AQUATIC CENTER
BACKGROUND:
To help with funding for the Fitch Family Indoor Aquatic Center, an Enhance Iowa
Community Attraction and Tourism (CAT) grant can be pursued. Historically, awards
have been between 10-20% of total project costs, however, the Enhance Iowa Board has
an award cap policy of $1 million. Staff is working with representatives from the Ames
Chamber of Commerce on this application . In November 2022, staff submitted an intent
to apply and listed the anticipated request of $500,000. Staff received confirmation that
the intent to apply had been received and was given the materials necessary to submit
an application.
COMMUNITY ATTRACTION AND TOURISM GRANT:
Available Funding and Grant Request Awards
Funding for the CAT Grant Program is made possible through an appropriation by the
Iowa Legislature. Grant awards are made by the Enhance Iowa Board (EIB) which is a
function of the Iowa Economic Development Authority. As a reference, grant awards
range from $50,000 to over $1,000,000.
Match Requirement
Applicants are required to have a cash match from the City and County governments to
be eligible for a grant. The match is to demonstrate investment from the City and County
in projects being considered for CAT grant funding. Enhance Iowa Board does not dictate
what this match must be in terms of a percentage of the total project or a specific dollar
amount. EIB does indicate that at least 65% of the total project cost has been raised prior
to applying and must be in the form of cash donations or pledges.
Please note the Story County Board of Supervisors approved $500,000 at its Tuesday,
May 3, 2022 meeting to be given to the City of Ames for the Fitch Family Indoor Aquatic
Center. The Board of Supervisors included the condition that Story County residents pay
the same fees as Ames residents in exchange for the funding. Council has yet to accep t
this funding and accompanying stipulation.
Application Deadline and Grant Funding Award Date
The CAT Grant application is due January 15, 2023. The application will undergo an EIB
staff review to determine if all eligibility requirements have been met. Applications that
clear the staff review will be invited to present to the EIB. A decision on funding awards
2
will be made sometime after the presentation. A component of the CAT grant application
process is having City Council pass a resolution supporting the application submittal.
ALTERNATIVES:
1. Resolution approving the submittal of a State of Iowa Community Attraction and
Tourism grant application for the Fitch Family Indoor Aquatic Center in the amount
of $500,000.
2. Do not submit a Community Attraction and Tourism grant application.
CITY MANAGER’S RECOMMENDED ACTION:
Cost estimates for the Fitch Family Indoor Aquatic Center coupled with the uncertainties
in the construction market have raised questions as to whether there is enough funding
for this project. Due to these funding concerns, any opportunity to secure additional
funding should be pursued. Council is only being asked to approve submitting a CAT
grant application at this time and will have an opportunity at a future meeting to accept or
deny a grant if the City receives an award. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1.
1
ITEM#: 15
DATE: 1-10-23
DEPT: Electric
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY PLANS AND SPECIFICATIONS FOR FURNISHING 69kV
AND 161kV SF6 BREAKERS
BACKGROUND:
Electric Services operates electrical transmission and distribution infrastructure to route
electricity to customers in the community. Large circuit breakers are installed in the
system’s infrastructure, which are utilized to disconnect portions of the electric
transmission system when there is a fault on that portion of the system. This helps isolate
and minimize the area effected by a system fault, prevents damage to property and
equipment, and minimizes the risk to personnel and the public who may be near a fault.
Electric Services needs to procure 69kV SF6 circuit breakers to replace existing obsolete
oil-filled circuit breakers at the Mortensen Road Substation, and for the installation of new
breakers as part of a planned project at the Ontario Road Substation. Spare 69kV and
161kV breakers are also needed for Electric Services’ inventory, which will be kept on
hand for the emergency replacement of a breaker in the event of a breaker failure.
The Engineer’s estimate of the cost of these circuit breakers is $450,000, including tax
and freight. The cost for the breakers will be divided among the following projects and
funding sources:
FUNDING SOURCE AMOUNT
AVAILABLE
Ontario Road Substation CIP Project $ 1,300,000
Electric Operating Budget
(Minor Transmission Substation Improvements) 380,000
TOTAL $ 1,680,000
The breaker needed for the Mortensen Road CIP project will be purchased and placed
into the Electric inventory, where it will be reserved until construction occurs in FY
2024/25. At that time, the cost of the transformer will be assigned to the Mortensen Road
CIP project account.
ALTERNATIVES:
1. Approve preliminary plans and specifications for Furnishing SF6 Circuit Breakers
and set for February 1, 2023, as the bid due date and February 14, 2023, as the
date of public hearing and award of contract.
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2. Do not approve the plans and specifications at this time.
CITY MANAGER’S RECOMMENDED ACTION:
The purchase of this equipment is necessary to replace obsolete breakers at the
Mortensen Road Substation, the Ontario Road Substation , and for system spares. Lead
time for this equipment has increased significantly making it more difficult to
procure and repair obsolete or failed breakers. Combining these purchasing needs
for all three purposes will help to advance the aquisition of these long-lead material
items for installation. Therefore, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1 as stated above.
ITEM#: 16
DATE: 01-10-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: WPC METHANE GENERATOR ENGINE NO. 2 MAINTENANCE
BACKGROUND:
The Water Pollution Control Facility (WPCF) uses methane-fueled engines utilizing gas
produced in the anaerobic digestion process. Heat is captured from the methane engines
to maintain the temperature of the digesters. At the same time, the engines power
electrical generators to offset approximately twenty percent of the electrical demand for
plant operations.
The methane generator engine’s manufacturer recommends eight-year cycles between
overhauls due to the nature of gas produced by the anaerobic digestion process. The gas
is referred to as “sour gas” and is harsher on the engines than natural gas because of
impurities such as hydrogen sulfide and siloxanes.
Methane Generator Engine No. 2 (MG-2) is original to the plant and was installed in 1988.
MG-2 was last overhauled in 2013 and is now in need of repair. Since the last overhaul,
a project to replace Methane Generator Engine No. 1 with a boiler was completed. During
that project, MG-2 was damaged, and an emergency repair was completed by Interstate
Power Systems. The repair was sufficient at the time, but the engine is now showing
decreased efficiency and needs a full overhaul with the replacement of main components
such as cylinders 1, 3, and 8. Additionally, the exhaust gas heat exchanger has not been
functional for several years which has decreased the efficiency of this system. Currently,
MG-2 is out of operation due to the required maintenance, resulting in higher electrical
costs for WPCF and the inability to fully utilize the methane.
On September 27, 2022, Council awarded a contract to Interstate Power Systems of
Altoona, Iowa, in the amount of $99,597. Included with that contract were the parts and
labor to overhaul MG-2 and the labor associated with replacing the heat exchanger.
On November 4, 2022, Interstate Power Systems notified City staff that they would
no longer be able to fulfill all terms of the contract. Staffing changes would no longer
allow Interstate Power Systems to provide technicians with adequate expertise to
complete the overhaul of MG-2 or replacement of the exhaust gas heat exchanger.
Interstate Power Systems had already ordered the necessary parts for the overhaul and
has offered to provide them at cost to the City. This would benefit Interstate by
removing the expensive parts from their inventory and would benefit the City by
eliminating long lead times for delivery of the parts by a new contractor.
A Change Order is necessary to remove the labor from the original contract and to
account for core charges on a water pump and remanufactured heads. Core charges
are incentives for the City to return the old parts to Interstate Power Systems so they can
be remanufactured and resold. They are considered deposits that will be paid by the City
upon delivery of the new parts and will be refunded when the old parts are returned to
Interstate Power Systems for remanufacturing and resale.
City staff has reviewed the costs for the individual parts and compared them to cost
information available from other vendors. The costs are in line with the other vendors and
staff believes taking delivery of the parts at this time will prevent supply chain delays in
the future. A summary of the changes is included below.
Original Contract Amount $99,597.00
Change Order #1
Labor for MG-2 overhaul and heat exchanger replacement ($58,933.95)
Core Charges – Water Pump/Remanufactured Heads $7,495.55
Core Charge Credit ($7,495.55)
Revised Contract Amount $40,663.05
City staff is currently developing plans and specifications to solicit bids for the labor to
complete the overhaul of MG-2 and replace the exhaust gas heat exchanger, utilizing the
parts purchased through Interstate.
ALTERNATIVES:
1. Approve Change Order No. 1 deducting $58,933.95 from the contract with
Interstate Power Systems of Altoona, Iowa.
2. Do not approve the change order at this time.
CITY MANAGER’S RECOMMENDED ACTION:
Interstate Power Systems is no longer able to provide com petent technicians for the
overhaul of Methane Generator Engine No. 2 or replacement of the exhaust gas heat
exchanger. They have offered to still provide to the City the parts they already have in
their possession. City staff believes procuring the necessary parts at this time will
expedite repairs in the future following a new competitive solicitation for labor. Therefore,
it is the recommendation of the City Manager that the City Council adopt Alternative No.
1, as described above.
ITEM#: 17
DATE: 01-10-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2019/20 ARTERIAL STREET PAVEMENT IMPROVEMENTS - 13TH
STREET (WILSON AVE - DUFF AVE)
BACKGROUND:
This program is for repair and reconstruction of arterial streets. The 2019/20 location was
13th Street between Wilson Avenue and Duff Avenue. On June 23, 2020, City Council
awarded the project to Con-Struct, Inc of Ames, Iowa, in the amount of $2,350,344.20.
Change Order 1 was administratively approved by staff in the amount of $14,283.30. This
cost increase was to account for unknown water service connections, steel casing of
watermain required due to a sanitary sewer conflict, and the removal and replacement of
a storm line found to be in poor condition. Change Order 2 (Balancing) reflects the final
measured field quantities, resulting in a contract reduction of ($224,070.54). The final
construction of the projected was completed in the amount of $2,140,556.96
Revenue and expenses associated with this program are as follows:
Funding Source
Available
Revenue
Estimated
Expenses
2019/20 Arterial Street GO Bonds $ 1,600,000
2019/20 Water System Improvements 1,000,000
2019/20 Sanitary Sewer Rehabilitation 115,000
2017/18 Multi-Modal Roadway 35,000
2016/17 Low Point Drainage Improvements 200,000
Construction Contract $ 2,350,344.20
Change Order 1 (approved by staff) 14,283.30
Change Order 2 Deduct (224,070.54)
Engineering/Administration 321,000.00
$ 2,950,000 $ 2,461,556.96
Remaining funds reflected in GO Bonds and Water System Improvements will be utilized
on future infrastructure projects.
ALTERNATIVES:
1. a. Approve Change Order 2 for the 2019/20 Arterial Street Pavement
Improvements – 13th St (Wilson Ave to Duff Ave) in contract reduction in the
amount of $224,070.54.
b. Accept the 2019/20 Arterial Street Pavement Improvements – 13th St (Wilson
Ave to Duff Ave) as completed by Con-Struct, Inc of Ames, Iowa, in the amount
of $2,140,556.96.
2. Direct staff to pursue modifications to the project.
CITY MANAGER’S RECOMMENDED ACTION:
This project has 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.
ITEM#: 18
DATE: 1-10-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: PRAIRIE VIEW INDUSTRIAL CENTER UTILITY EXTENSION PROJECT
BACKGROUND:
The Prairie View Utility Extension Project consists of the extension of water and sanitary
sewer mains to the recently annexed area east of Interstate 35 (I-35). The overall project
includes water main and a gravity sewer main between I -35 and Potter Ave (formerly
590th), a force sewer main to be installed from Teller Ave (formerly 580th) to west of Freel
Drive, and a sewer lift station to be constructed. Most of this new area has been certified
by the Iowa Economic Development Authority for industrial development.
On May 12, 2021, City Council awarded the Prairie View Industrial Utility Project to Keller
Excavating, Inc., of Boone, Iowa, in the amount of $6,168,791.40. Change Order 1 was
administratively approved by staff, resulting in a contract deduction of $206.40.
On August 9, 2022, City Council approved Change Order 2 in the amount of
$2,210,255.72. This provided for the construction of water main and sanitary from Teller
Ave to Potter Ave, funded though American Rescue Plan Act (ARPA) funding .
Keller Excavating has started the water main and sanitary sewer work from Teller Ave to
Potter Ave. After utility locates were marked out in the field, it was discovered that the
Nevada raw water well line was not located correctly as shown in the original
design. At 5501 Lincoln Way, the Nevada raw water line shift s south into the bottom of
the ditch (see attached map). This conflicts with the trenching operation that is necessary
to construct the sanitary gravity main at a depth of 25 feet through this location.
Nevada’s raw water line has two bends shift ing south, then another two bends where it
shifts back to the north. At each of these bends is a concrete r eaction block to hold the
bends in place from the forces in the watermain. These blocks cannot be disturbed by
trenching operations, otherwise the work could potentially cause a failure in Nevada’s raw
water line. Staff explored several options to address the conflict:
1) RELOCATE THE RAW WATER LINE
The City’s contractor would bore or trench in a new raw water line further north.
Completing this work would take two to three days where the water line would be
offline. Recently staff was notified that existing industries on East Lincoln
Way draw water from Nevada’s raw water line and relocating the main would
put them out of production, which would not be acceptable.
2) SHIFT THE SANITARY SEWER MAIN
The sanitary sewer could be relocated south near the edge of East Lincoln Way.
This would then require the removal and replacement of a large section of East
Lincoln Way to accommodate the trenching operation. This is less expensive
initially but could cause significant maintenance issues due to settlement of soil at
the trench. It would also be difficult to pave this section of East Lincoln Way during
the winter months, potentially extending the project closure and further disrupting
E. Lincoln Way traffic and industry operations, making this option undesirable.
3) JACK AND BORE THE SANITARY MAIN THROUGH A CASING
The sanitary main could be placed inside a metal casing that has been bored
through this section. This option would allow the sanitary sewer to be constructed
as currently designed and meet all DNR requirements. In this same area there is
an Alliant Energy pressure regulating station with both high-pressure and low-
pressure gas lines. The jack and bore operation would avoid any additional
potential conflict with these utilities by boring under them, leaving all existing
utilities undisturbed.
After evaluating these options and considering the advantages, disadvantages,
and costs, staff believes the best option is to jack and bore the sanitary sewer main
through this section of the project. The estimated cost to complete jack and boring
through this section is an additional $337,280.00. The funding for this change order
would come from savings from the North Sunset Ridge Sewer project ARPA funds.
Revenue and expenses associated with this program are estimated as follows:
Funding Source
Available
Revenue
Estimated
Expenses
G.O. Bonds $4,300,000
EDA Grant 1,500,000
Prior Authorized ARPA Funds 900,000
ARPA
(2023/24 Ames Plan 2040 Water & Sewer Utility CIP) 2,000,000
ARPA Savings
(N Sunset Ridge Sewer) 300,000
Current contract $8,378,840.72
Change Order 3 (this action) 337,280.00
Engineering and Administration 275,000.00
TOTAL $9,000,000 $8,991,120.72
ALTERNATIVES:
1. Approve Change Order 3 for the Prairie View Industrial Center Utility, as
negotiated, in the amount of $337,280.00, funded from ARPA savings.
2. Do not approve Change Order 3.
CITY MANAGER’S RECOMMENDED ACTION:
Approving the change order will allow construction to continue as efficiently as possible
while protecting existing utilities from damage and minimizing disruption to traffic and
existing businesses. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1, as noted above.
ITEM#: 19
DATE: 01-10-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2021/22 SHARED USE PATH MAINTENANCE – LITTLE BLUESTEM
BACKGROUND:
This program provides for shared use path maintenance activities such as patching, joint
repairs, micro-surfacing, as well as complete replacement. Locations are determined
using a condition inventory, visual inspections of paths, and input from users. The
improvements will enhance safety, usability, and aesthetics of the path/trail system. This
project was located between Little Bluestem Court and Gateway Hills Park Drive
and replaced the existing shared use path with a new concrete path.
On April 26, 2022, City Council awarded the project to TK Concrete of Pella, Iowa in the
amount of $120,604.90. Change Order 1 (Balancing) was administratively approved by
staff in the amount of $2,973.45 and reflects the final measured field quantities.
Construction was completed in the amount of $123,578.35.
There is $125,000 of Local Option Sales Tax allocated for this program annually in the
Capital Improvement Plan. These funds have been accumulated and carried over into the
current budget. There is $269,639 in available funding for this project. The remaining
funds will be programmed for future Shared Use Path Maintenance projects.
ALTERNATIVES:
1. Accept the 2021/22 Shared Use Path Maintenance – Little Bluestem project as
completed by TK Concrete of Pella, Iowa in the amount of $123,578.35
2. Direct staff to pursue modifications to the project.
CITY MANAGER’S RECOMMENDED ACTION:
The project was completed in accordance with the approved plans and specifications
resulting in improvements in safety and usability of the shared use path system.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
ITEM#: 20
DATE: 01-10-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: FINAL ACCEPTANCE 2020/21 AIRPORT IMPROVEMENTS PROGRAM
(RUNWAY 01/19 AND TAXIWAY A NORTH LIGHTING)
BACKGROUND:
On June 22, 2021, the City Council approved the Federal Aviation Administration (FAA)
grant agreement and awarded a contract for the 2020/21 Airport Improvements Program
(Runway 01/19 And Taxiway A North Lighting) to Voltmer, Inc. of Decorah, IA, in the
amount of $390,399.50. Design and Construction Inspection costs were $99,900, which
brought the total project budget to $490,299.50. Under the COVID-19 relief legislation,
the original grant offer was funded at 100% Federal share with a maximum obligation of
$493,300. Costs over that initial amount are covered by the standard FAA funding having
a 90% Federal share and a 10% local match.
The project had one change order of $4,018.43. This brings the total project expenses to
$494,317.93. A summary of revenues and expenses for the project is below.
Revenues Expenses
FAA Grant (at 100%) $ 493,300.00 Design $ 55,400.00
FAA Grant Amendment (at 90%) 898.00 Inspection 44,500.00
Airport Improvement Fund 144.18 Publishing 24.25
Construction 390,399.50
CO #1 4,018.43
Total $ 494,342.18 Total $ 494,342.18
ALTERNATIVES:
1. Accept the 2020/21 Airport Improvements Program (Replace Runway 01/19 And
Taxiway A North Lighting) project as completed by Voltmer, Inc. of Decorah, IA, in
the amount of $394,417.93.
2. Direct staff to pursue modifications to the project.
CITY MANAGER’S RECOMMENDED ACTION:
This project was completed per 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.
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ITEM#: 21
DATE: 1-10-23
DEPT: Police
COUNCIL ACTION FORM
SUBJECT: LIQUOR LICENSE RENEWAL, 1 NIGHT STAND, 124 WELCH AVENUE
BACKGROUND:
1 Night Stand, located at 124 Welch Avenue, has applied for renewal of its Class C Liquor
License. These state licenses and permits must receive approval by the local authority
(City Council) before they can be issued by the state.
The Police Department conducts compliance checks on establishments that hold liquor
licenses in the City of Ames. These compliance checks are completed by taking an
underage person to a liquor licenses establishment who then attempts to purchase
alcohol. A business passes the check if the employee asks for identification and rightly
refuses the purchase. An establishment fails the compliance check if the employee sells
to the underage person.
The Police Department conducted one such compliance check on March 25, 2021. An
employee of 1 Night Stand sold alcohol to an underage person during the check and was
cited. The Police Department conducted a follow-up compliance check later in the
year and the establishment passed.
The Police Department conducted another compliance check on October 20, 2022,
and an employee again sold alcohol to a minor. This is the second violation within
two years and Iowa Code 123.50(3)(b) prescribes a 30-day suspension and $1,500
fine. This suspension will be imposed on the establishment by ABD regardless of
whether the City Council chooses to approve or deny the requested renewal.
In addition to the failed compliance checks, in the previous 12 months, Ames
officers have issued 11 citations at this location, including 10 citations to underage
individuals for being on-premises. Of those 10, officers were able to verify one used a
fake ID. It is worth noting that officers are unable to determine how the remaining
underage individuals entered the bar.
Staff spoke with the owner of 1 Night Stand, Jerrad Atkin, on January 3, 2023, to
determine what changes they intended to make to improve upon their performance. The
owner reported they have a zero-tolerance policy regarding minors entering the
establishment and require all individuals to show ID at the door. The owner felt there
should be a larger penalty for minors who use fake IDs to gain entry. The owner also
explained the failure of the second compliance check in October occurred when the door
person left for a few minutes to get ice and left the door unattended, which allowed the
minor into the establishment. Staff encouraged the owner to attend the Council meeting
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should Council members have questions for him. He indicated that he would be in
attendance.
ALTERNATIVES:
1. Deny the application for a 12-month renewal but suggest that the applicant submit
an application for an 8-month license.
If this alternative is approved, the establishment will be subject to the 30-day
suspension and fine by the state of Iowa some at some point during the
renewal period. The applicant could choose to appeal the denial or submit a
request for an 8-month license, which would be presented to the City Council
for consideration at a future meeting.
2. Deny the application for a 12-month liquor license renewal.
If this alternative is approved, the establishment will be subject to the fine by
the state of Iowa. The applicant could appeal this denial to the state.
3. Approve the application for a 12-month liquor license renewal.
If this alternative is approved, the establishment will be subject to the 30-day
suspension and fine by the state of Iowa some at some point during the
renewal period.
CITY MANAGER’S RECOMMENDED ACTION:
Compliance checks are conducted by the Ames Police Department and ABD to ensure
liquor license holders are complying with their obligation to ensure underage individuals
are not being sold or served alcohol. These compliance checks require the establishment
to exercise a minimal level of due diligence to pass. In order to comply, the establishment
must simply ask the customer for identification, confirm the age of the customer as being
less than 21, and deny the sale.
The applicant, 1 Night Stand, has failed two of three such compliance checks. While the
Police Department has not found a high number of underage individuals on premise, it is
clear from two compliance check failures in as many years that the establishment has not
been successful at the most basic of functions, checking an ID and confirming the age of
a customer to being less than 21.
Based on the nature of the citations and the cooperation from the applicant, the
Police Department believes that a shorter license term than one year would provide
the opportunity to more closely review the progress the establishment has made
towards compliance.
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Therefore, it is the recommendation of the City Manager that the City Council take the
recommendation of the Chief of Police to adopt Alternative No. 1, as described above.
If the City Council denies the requested license renewal, the denial can be appealed, first
to the ABD, then to the Administrative Law Judge, then the Director of ABD, and then
District Court. Filing an appeal with ABD places a stay on the denial, and the
establishment is allowed to continue to operate until the appeal process is complete. If
the appeal(s) are not successful, alcohol may not be sold on the premises for one year,
or until a new licensee applies for and is granted a new liquor license.
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ITEM#: 22
DATE: 1-10-23
DEPT: Police
COUNCIL ACTION FORM
SUBJECT: LIQUOR LICENSE RENEWAL, MICKEY’S IRISH PUB, 109 WELCH
AVENUE
BACKGROUND:
Mickey’s Irish Pub, located at 109 Welch Avenue, has applied for renewal of its Class C
Liquor License with Outdoor Service privilege. These state licenses and permits must
receive approval by the local authority (City Council) before they can be issued by the
state.
The Police Department conducts compliance checks on establishments that hold liquor
licenses in the City of Ames. These compliance checks are completed by taking an
underage person to liquor licenses establishments who then attempts to purchase
alcohol. A business passes the check if the employee asks for identification and rightly
refuses the purchase. An establishment fails the compliance check if the employee sells
to the underage person.
Mickey’s Irish Pub passed a compliance check conducted by the Police
Department on March 25, 2021. However, in the previous 12 months, Ames officers
have cited 24 individuals for being on-premise underage. Of those 24, officers were able
to verify 15 used fake IDs. It is worth noting that officers are unable to determine if an
individual used a fake ID or gained entrance some other way in all other cases.
While 24 citations in the course of one year is a higher number than staff would like to
see, the fact that 15 (or at least 62%), used a fake ID to gain access is a mitigating factor.
An establishment must use due diligence to be in compliance with the duties of
maintaining a liquor license. It would appear the establishment is checking IDs, but some
patrons are taking extraordinary steps to defeat the establishment’s efforts.
Staff spoke with the owner of Mickey’s, Ravinder “Ben” Singh about the violations and
what steps could be taken to improve upon the establishment’s performance in this area.
The owner said they will be purchasing ID scanners to be used at the door to check the
validity of each ID. He also said he will require his staff to attend ID training offered by the
Police Department and the Iowa Program for Alcohol Compliance Training (I-PACT)
through ABD. The owner also reported he terminated two problem employees, and he
would maintain proper staffing at the door to ensure ID checks are being conducted.
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ALTERNATIVES:
1. Approve the application for a 12-month liquor license renewal.
2. Deny the application for a 12-month liquor license renewal.
CITY MANAGER’S RECOMMENDED ACTION:
Compliance checks are conducted by the Ames Police Department and ABD to ensure
liquor license holders are complying with their obligation to ensure underage individuals
are not being sold or served alcohol. The applicant, Mickey’s Irish Pub passed this check
on March 25, 2022. While 24 on-premises violations is higher than staff would like to see,
there is evidence to suggest that the establishment is performing due diligence in its ID-
checking practices. Further, the owner is committed to improving on the number of
citations with new procedures and equipment.
Therefore, it is the recommendation of the City Manager that the City Council take the
recommendation of the Chief of Police to adopt Alternative No. 1.
If the City Council opts for Alternative #2, the denial of a liquor license can be appealed,
first to the ABD, then to an Administrative Law Judge, and then the District Court. If the
applicant files an appeal with ABD, they are allowed to continue to operate. If the
appeal(s) are not successful, alcohol may not be sold on the premise for one year, unless
or until a new licensee applies for and is granted a new liquor license.
1
ITEM#: 23
DATE: 01-10-2023
DEPT: P&H
Staff Report
FRINGE PLAN UPDATE URBAN RESERVE AREAS
January 10, 2023
BACKGROUND:
At its October 25, 2022 meeting, the City Council reviewed draft Ames Urban Fringe Plan
Update public comments and recommended changes that were received from the Board
of Supervisors (Attachment A). The original staff report with the public comments is
available at this link. At the October meeting, staff discussed how changes to the
draft Plan proposed by the Board of Supervisors did not meet many of the City’s
priorities for a cooperative fringe plan compared to the City’s standard subdivision
and annexation authority. This included changes to the Urban Reserve Overlay,
annexation policies, and consideration of limitations on conditional uses in the
county.
On November 22, 2022 the City Council directed staff to provide a response to the County
and Gilbert about their proposed modifications the draft plan. Full details are included
with the November report available at this link. City staff provided a letter outlining the
City Councils decision and an edited update of the Draft Plan on November 23rd to
representatives of the Gilbert and Story County
THE CITY’S NOVEMBER RESPONSE ADDRESSED FIVE KEY ISSUES, AMONG
OTHER DETAILS:
1.Including limits for certain conditional uses within the Growth Areas and Urban
Reserve Overlay.
2.Allowing for annexation within the Urban Reserve Overlay, when part of a voluntary
annexation.
3.Removing fringe Urban Reserve Overlay areas to the southeast of I-35, south of
Worle Creek, and north of 190th Street west of the Union Pacific Railroad line.
4.Establishing 180th Street as the boundary for annexation potential between Gilbert
and Ames
5.Clarifying the 28E agreement would be for an initial 5-year period with an automatic
extension of 5 years, unless cancelled in advance. The agreement would also
allow for notice and withdrawal from the agreement by any party.
DECEMBER RESPONSE FROM GILBERT AND STORY COUNTY:
Both Gilbert and Story County provided letters to the City Council responding to the
changes.
Gilbert focused on that they did not support annexation by either Ames or Gilbert
between 190th and 180th Street. (Attachment A) Under their proposal, this area would
2
be subject to County regulation. Gilbert desires to have a buffer between Gilbert and
Ames. Staff’s presumption is that the remainder of the Plan Update details are acceptable
based upon Gilbert’s letter.
Story County responded by accepting the City’s November proposal for changes,
including limiting of certain conditional uses, but added requests regarding the
mapping of the Urban Reserve Overlay. (Attachment B)
The County maintains within their letter that with agreed upon limitations to certain uses
within the Urban Reserve Overlay, it would like to reduce the amount of area mapped as
Urban Reserve by:
1. Removing all Urban Reserve Overlay and growth area designation to the
southwest (i.e both north and south of Worle Creek, including former Champlin
property) and designating it as Ag and Farm Services.
2. Removing all Urban Reserve Overlay between 180th and 190th and designating it
as Ag and Farm Services.
3. Consider removing additional undescribed areas from the Overlay to reduce the
total acreage within the Overlay.
All of the proposed area changes would be mapped solely as Ag and Farm Services
without the Overlay. Ag and Farm Services does not allow for development or for
annexation without amending the Plan to another designation. Amendments are
subject to approval by all cooperators of the 28E agreement.
OPTIONS:
The City’s November response clearly identified the City’s priorities for participating in a
Fringe Plan Update. The final issue appears to be mapping of the Urban Reserve Overlay.
City staff believes that City Council should evaluate options related to Story County’s
three requests and make a final decision on how, or if, to proceed with the project.
190TH STREET AREA:
Both Gilbert and Story County have reservations about the area north of 190th Street
being designated as potentially annexed within the life of the Plan (10 years). The
concerns are “buffering” of the two communities, continued use of farmland, and
premature annexation of the area without developing in other City designated growth
areas. Having the area as Ag and Farm services would essentially preserve the status
quo in terms of zoning and subdivisions, but it would not have the Conditional Use
limitations previously agreed upon for the Plan if there is no Overlay.
This area is shown as Urban Reserve within Ames Plan 2040 and was considered a Tier
3 development area in the scenario analysis because of needed infrastructure extensions
to serve full buildout of the area. Ensuring that the area is maintained as a viable
option for future growth of Ames is an important component of Ames Plan 2040 in
terms of flexibility to meet growth demands over time.
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Option 1 - Agree to County Request for No Urban Reserve Overlay North of 190th Street
As discussed above, future annexation or other type of development would require a Map
amendment. Agreeing to this this change would ensure that neither Gilbert nor Ames
would annex into this area without approval of a map change to another designation.
Generally, the status quo would be preserved.
However, if the area is no longer in the Overlay it will not have any specific limitations on
conditional uses that would apply to other areas adjacent to the City, it would default to
the typical County requirements. Secondly, if the area is designated as Ag and Farm
Services, a property owner could propose to change a parcel of land to Rural Residential
Expansion, subject to approval by all parties to the agreement. The Urban Reserve
Overlay does not allow for consideration of such a map amendment.
Option 2 - No Change to the City of Ames November position and maintain the Urban
Reserve Overlay mapping proposal from 190th to 180th
No change would be made from the November proposal where the City excluded only the
land west of the railroad. This option preserves the broadest range of City interests.
However, it is unclear if Gilbert would continue to participate in the process without a
change regarding a “buffer” between the City and Gilbert. Story County may or may not
continue with the update if there is no change to mapping the overlay in this area as their
letter described this change as an additional request.
Option 3 - Direct staff to investigate an option to partially map the area north of 190th
Street as Urban Reserve
The City removed areas to the west of the railroad tracks to focus our intentions for growth
planning along Highway 69 and Grant Avenue up to 180th street. If City Council desires
to consider if less Urban Reserve area could meet the City objectives within the context
of the Fringe Plan, it could direct staff to propose an alternative for Council consideration
before making a final decision.
SOUTHWEST AREA:
The County proposes to designate all areas to the southwest as Ag and Farm Services.
The City Council previously concurred with removing areas south of Worle Creek, with
the exception of the former Champlin property remaining as Growth Area due to proximity
of City services adjacent to the site.
Other than the former Champlin property, Ames Plan 2040 identifies this area as Urban
Reserve and as a Tier 2 option for growth due the need for a substantial sanitary sewer
trunk line extension. Extension of sewer would serve a broader area to the west in Boone
County as well as this area. The City does not have any immediate plans for constructing
the sewer extension, thereby it is appropriately Urban Reserve within Plan 2040.
The former Champlin property has been identified as Growth Area because it is readily
serviceable due to water and sewer extensions existing nearby. Street paving is the
primary infrastructure issue needing improvement for it to be developed with residential
uses. This one site is situationally different from other properties in this area. County
4
concerns for this land revolve around public concern about the integrity of the natural area
related to Worle Creek. The City would apply storm water management and
environmental protections to any future project that may occur on the site.
Option 1 - Agree to County Request for No Urban Reserve Overlay in the Southwest
As is the case with the 190th Street discussion, if the area is Ag and Farm Services no
development could occur, but limitations on conditional uses would not apply. Overall,
this area is less significant for planning purposes and annexation than the 190th area, if
there is no concern about conditional uses.
Option 2 - No Change to the City of Ames November Urban Reserve Overlay mapping
proposal
No change would be made from the November proposal where the City excluded only
lands south of Worle Creek. This means lands along 240th Street would remain as Urban
Reserve. The former Champlin property will maintain its Growth Area designation.
Option 3 – Maintain the former Champlin property as a Growth Area, but agree with the
County’s other requested changes in the Southwest regarding Urban Reserve.
Agree with the County’s request, with the exception of the unique condition of the former
Champlin property with access to abutting utilities and maintain the Growth Area
designation for it.
OTHER URBAN RESERVE OVERLAY CHANGES:
The County is requesting the City to propose reducing the Urban Reserve Overlay for
other unspecified areas beyond the Southwest and 190th Street.
Option 1 - Reduce Urban Reserve Overlay areas to the east, southeast, and northwest
as part of the final adoption process.
Staff would review options for reducing areas at the periphery of the Urban Reserve and
incorporate into a final Plan with the final approval process.
Option 2 - Take no action on this request and maintain the November proposal
No change would be made from the November proposal.
STAFF COMMENTS:
The current Fringe Plan 28E agreement was extended on December 20th until April 30th
to allow for time to consider these most recent changes and potentially to proceed with a
final plan. If City Council accepts the proposed changes or directs staff to proceed with
any of the options described above, staff will work to finalize a plan and write a new 28E
agreement with the intent of having both approved by the end of April.
Staff has highlighted in previous reports that implementation of the Fringe Plan Update,
as it relates to County zoning, would require ordinance amendments as follow up action
5
to a new 28E agreement. More precise zoning amendments would be described with the
Plan approval process and described with the 28E agreement.
Due to timing, these types of ordinance changes would not occur in April with the
28E agreement approval, but could be planned for later in 2023. Any final agreement
would include a clause that if the ordinance changes are not completed within a defined
amount of time from approval of the agreement, that the City could withdraw from the
agreement. This type of clause would ensure that we are not bound by policies that do
not include the other corresponding zoning changes. A general ability, with notice, to
cancel or withdraw from the agreement would also be included within the 28E, similar to
how it is currently structured.
Staff believes the key issues for Council consideration at this time is the benefits of
cooperative planning and management of the Fringe Area over the next ten years and
how that balances with the ideals and goals of Ames Plan 2040 for the long term planning
of the City. With a new agreement, the City benefits from joint planning and
management of the Fringe Area for the most sensitive areas related to both short
and long term interests of the City. Some of the joint management tools, such as
limits on rezoning of land and limits on conditional uses, would not occur without
such an agreement.
However, with the December responses from the County and Gilbert it is clear there are
concerns about how long-term growth north of the City is depicted in the Plan and if it is
allowed during the life of the 28E agreement. Staff is concerned that limiting the Urban
Reserve designation, especially any further north than 190th , could potentially limit
land use compatibility protection and future annexation during the life of the Plan
as it would be subject to a future map amendment.
Staff believes December responses from the County and City of Gilbert do not fully
achieve the goals of the Ames Plan 2040 related to flexibility and responsiveness
to growth needs. However, in an attempt to secure the benefits derived from a
Fringe Area Agreement, staff believes it would be beneficial to take the additional
time to discuss Option 3 as it relates to the 190th Steet and Southwest Areas with
the other parties before the City Council is asked to make a final decision.
However, if the City Council prefers to continue to support the terms from the
November proposal, then it would choose Option 2 for all areas. In this case, the
other parties would have to decide whether to accept the City’s proposal or let the
Fringe Area Agreement expire in April 2023.
December 13, 2.02.2.
STORY COUNTY
BOARD OF SUPERVISORS
LISA K. HEDDENS
LINDA MURKEN
LATIFAH FAISAL
Story County Administration
900 Sixth Street
Nevada Iowa 502.01
515-382.-72.00
515-382.-72.06 (fax)
Mayor John Hail a and Members of the Ames City Council
City of Ames
515 Clark Avenue
Ames, lA 50010
Mayor Jon Popp and Members of the Gilbert City Council
City of Gilbert
105 SE znd Street
Gilbert, lA 50105
RE: Changes to the Draft Ames Urban Fringe Plan
Dear Mayor Haila, Mayor Popp, and City Council Members,
The Board of Supervisors has considered the edits made to the draft Ames Urban Fringe Plan by City of
Ames' staff and Gilbert's November 2.3, 2.02.2., letter regarding the draft Plan. We appreciate both
cooperators' time and responsiveness to the changes requested by the Board to the draft Plan.
The Board accepts the City of Ames' changes to the Plan, with the following additional requests for the
cooperators to consider. The requests are changes to the draft Land Use Framework Map.
• Remove the Urban Reserve Overlay from the area north of 190th and south of 180th Streets, and
the area south of 190th and west of George Washington Carver. See Attachment A for a
proposed map for this area. The Board requests this area be mapped as Agriculture and Farm
Service only.
• Remove the Urban Reserve Overlay and Urban Growth area south of Highway 30 and west of
the Ansley development. Map the area as Agriculture and Farm Service and the areas zoned
residential along Meadow Glen Road and State Avenue as Rural Residential-Existing. See
Attachment B for the proposed map.
• Finally, the Board asks the City of Ames to propose additional areas to be removed from the
Urban Reserve Overlay so that the designation is reflective of a 10-year planning horizon.
The County acknowledges and appreciates Ames' offer to remove the Urban Reserve Overlay south of
Worle Creek and west of the railroad tracks (the tracks located east of George Washington Carver) along
1
190th. However, the County is still generally concerned about the size of the Urban Reserve Overlay. The
Ames Urban Fringe Plan is a 10-year plan. The City has expressed that the Urban Reserve is a 50-year
concept for city growth. Planning for a 50-year timeframe with a 10-year plan has created concern,
especially given the limitations on conditional uses in the Urban Reserve Overlay versus the likelihood of
city development.
The Urban Reserve's size in the draft Plan prior to these changes was 17,251 acres. The City of Ames is
just over 18,000 acres total in size. The city has annexed a little over 4,000 acres in the past 20
years. The changes proposed by the County will remove approximately 3,500 acres from the Urban
Reserve Overlay, still leaving approximately 13,750 acres in the overlay. The County believes further
reductions are in order, again, especially given the County's willingness to limit certain conditional uses
in the area.
If during the 10-year planning horizon, or during a review of the Plan after five years, the likelihood of
development of these areas is higher, the County would be open to a discussion of mapping the areas
with the Urban Reserve Overlay. In the interim, there would be the opportunity to request a Land Use
Framework Map amendment should development be proposed that was more appropriate to occur
inside of a city's corporate limits.
Specifically regarding the area north of 190th, and the area west of George Washington Carver, the
County shares the City of Gilbert's concerns-its desire to maintain a separate small-town identity, and
the opportunities, including grants, associated. This area also includes high-value agricultural lands that
the County wishes to emphasize remain in production for as long as possible. The Board supports
Gilbert's request that Ames not annex north of 190th, and that Gilbert not annex south of 180th, during
the life of the Plan.
And regarding the area southwest of Ames, beyond the public comments generated about the area's
mapping, the environmentally sensitive areas and topography cause the County to question the
practicality of developing the area versus other Urban Growth and Urban Reserve Overlay areas. As
acknowledged in part by the City in proposing to remove the Urban Reserve Overlay south of Worle
Creek, development of the area is further constrained by the properties owned by Iowa State University.
The Board asks the other cooperators to consider these requests and looks forward to continuing to
work with Ames and Gilbert toward a mutually beneficial plan. We have acted to extend the current
Plan to April 30, 2023, towards this goal and again ask the other cooperators to do the same. If either
cooperator feels it beneficial, the County will continue to be open to hosting a work session to seek
mutually agreed-upon solutions.
Sincerely,
aisal, Chair
Story County Board of Supervisors
Cc: Kelly Diekmann, Planning and Housing Director, City of Ames
Sonia Arellano Sundberg, City Clerk, City of Gilbert
2
Attachment A
Ames Urban Fringe Plan Draft Land Use Framework Map
Proposed Story County Edits 12/13/22
Legend
Two Mile Extraterriorial
Review Area
Ada Hayden Watershed
Protection Area
E2SJ Airport Protection Overlay
~ Subsurface Mining
Overlay
Environmentally Sensitive
Overlay
~Urban Reserve Overlay
Rural Residential-Existing
Rural Residential
Expansion
Urban Growth
Agriculture and Farm
Service
r _,. County Boundary
City Limits
.2\
N
0 0 .15 0.3 0.6 0 .9 1.2 ---Miles
3
•
Attachment B
Ames Urban Fringe Plan Draft Land Use Framework Map
Proposed Story County Edits 12/13/22
1?41 ,--=-
Ci ty of s, County <•t ~tory , lt ONR l:sn . HE RE. Gdrrn•
SafeGraph GeoTechoolog tes, Inc, 1/NASA. USGS. EPA. NP~.
I US Census oreau, USDA. PtCtomel ll (oro, !>to•v Cou nty, I
& Max.a1 . . -l5
Legend
1::1 Two Mile Extraterriorial
Review Area
Ada Hayden Watershed
Protection Area
Airport Protection Overlay
~ Subsurface Mining
Overlay
Environmentally Sensitive
Overlay
Z2Z! Urban Reserve Overlay
Rural Residential-Existing
Rural Res idential
Expansion
Urban Growth
Agriculture and Farm
Service
r _ .. County Boundary
City Limits
.~
N
0 0.1 0.2 0.4 0.6 0.8
M M Miles
4
1
ITEM#: 24
DATE: 1-10-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR THE BLUFFS AT
DANKBAR FARMS, FIRST ADDITION PLAT
BACKGROUND:
Friedrich Land Development Company, LLC and Friedrich & Sons, Inc. are requesting
approval of a Final Plat for The Bluffs at Dankbar Farms, First Addition, a minor
subdivision that would create two undevelopable outlots. This land (108.21 acres)
was annexed in to City in 2022 with an accompanying annexation agreement. (see
Attachment B – Proposed Final Plat). Proposed Outlot ZZ will be 915,305 square feet
(21.01 acres). Proposed Outlot YY will be 3,798,204 square feet (87.20 acres)
A minor subdivision includes three, or fewer, lots and does not require additional public
improvements. A minor subdivision does not require a Preliminary Plat and may be
approved by the City Council as a Final Plat, only, subject to the applicant completing
the necessary requirements. The proposed project qualifies as a minor subdivision
with no public improvements by the action of the City Council waiving
requirements for improvements, because neither lot is developable until it is
replatted in the future. Future platting will require a preliminary plat due to
required infrastructure improvements. No building permits can be issued for
either of the proposed outlots.
The existing three parcels are located at the southwest corner of G W Carver Avenue
and Cameron School Road. The parcels are used for agricultural purposes and are
undeveloped. A high pressure gas line does run through the site within proposed Outlot
ZZ.
This property is currently in the process of being rezoned with master plan. Third
reading of the rezoning ordinance and accompanying master plan is on this same
agenda. The master plan addresses types of uses, sanitary sewer capacity, open
space, and planned connections. The proposed configuration of the two outlots is
consistent with the proposed rezoning boundaries and planned extension of
Everest Avenue. Everest will be extended through proposed Outlot YY.
The Annexation Agreement for this property includes requirements for future traffic
improvements and connections, traffic signal fees, sanitary sewer capacity and open
space planning that are all tied to preliminary and final plat approval. With this
proposed Minor Final Plat these obligations are not yet fulfilled. However, the
annexation agreement obligations will continue until there are satisfied with
future Preliminary Plat approval. Additionally, the Annexation Agreement requires
the developer to pay a proportional share of the traffic signal costs upon approval
2
of second final plat. Therefore, approval of this plat does not require payment of
the fee, but the next final plat will require it.
With the City Council’s waiver of improvement requirements related to the two outlots,
no public infrastructure will be installed at this time. Public utilities, roadway
improvement, and other infrastructure will be installed as a future date based upon
approval of future preliminary and final plats. These improvements will be reviewed for
compliance with the existing Annexation Agreement and Zoning Master Plan.
ALTERNATIVES:
1. The City Council can approve the Minor Final Plat for The Bluffs at Dankbar Farms,
First Addition, including a waiver of improvement requirements, based upon the
findings and conclusions stated above.
2. The City Council can deny the final plat for The Bluffs at Dankbar Farms, First
Addition, if the City Council finds that the proposed subdivision does not comply with
applicable ordinances, standards or plans.
3. The City Council defer its approval until the completion of the rezoning with master
plan process.
CITY MANAGER’S RECOMMENDATION:
The proposed final plat for The Bluffs at Dankbar Farms, First Addition will create two
outlots for the purpose of ownership transfer and will be undevelopable as approved.
Future preliminary and final plats will need to be approved in order for any future
development to occur. Future development will comply with the applicable Annexation
Agreement and Zoning with Master Plan for this site. Therefore, it is the
recommendation of the City Manager that the City Council accept Alternative #1.
3
Attachment A
Location Map
4
Attachment B
Proposed Final Plat of The Bluffs as Dankbar Farms, First Addition
5
6
7
8
Attachment C
Applicable Laws
The laws applicable to this case file are as follows:
Code of Iowa, Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall
be submitted to that governing body for review and approval prior to recording.
Governing bodies shall apply reasonable standards and conditions in accordance
with applicable statutes and ordinances for the review and approval of
subdivisions. The governing body, within sixty days of application for final
approval of the subdivision plat, shall determine whether the subdivision
conforms to its comprehensive plan and shall give consideration to the possible
burden on public improvements and to a balance of interests between the
proprietor, future purchasers, and the public interest in the subdivision when
reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. The governing body
shall not issue final approval of a subdivision plat unless the subdivision plat
conforms to sections 354.6, 354.11, and 355.8.
Ames Municipal Code Section 23.303(3) states as follows:
(3) City Council Action on Final Plat for Minor Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for
review and approval in accordance with Section 354.8 of the Iowa Code, as
amended or superseded. Upon receipt of any Final Plat forwarded to it for review
and approval, the City Council shall examine the Application Form, the Final Plat,
any comments, recommendations or reports examined or made by the
Department of Planning and Housing, and such other information as it deems
necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether the
Final Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances and standards, to the
City's Land Use Policy Plan and to the City's other duly adopted plans. If the City
Council determines that the proposed subdivision will require the installation or
upgrade of any public improvements to provide adequate facilities and services
to any lot in the proposed subdivision or to maintain adequate facilities and
services to any other lot, parcel or tract, the City Council shall deny the
Application for Final Plat Approval of a Minor Subdivision and require the
Applicant to file a Preliminary Plat for Major Subdivision.
1
ITEM#: 25
DATE: 01-10-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT REGARDING STANDARDS FOR HOME
OCCUPATIONS
BACKGROUND:
On June 14, 2022, Governor Reynolds signed into law House File 2431, which pertains
“to the regulation of home-based businesses”. The Ames Zoning Ordinance refers to
home-based businesses as home occupations (they are otherwise the same). The new
state regulations pre-empt certain local laws and limit how a city can regulate
home-based businesses, principally regarding “no-impact” businesses. In order to
continue to apply standards to home occupations, the City must modify its zoning
standards to comply with state law.
Home occupations are considered a secondary or accessory function to the primary use
of a dwelling unit as a residence. An occupant of the residence must be employed at the
business. Home occupations currently are allowed in all residential zoning districts
subject to permitting requirements and performance standards of Article 13 of the
Zoning Ordinance. Generally, a large range of uses is permissible with review by
the Zoning Board of Adjustment.
The current Ames code (Attachment A) contains lists of specific uses, such as catering,
day care, engineering offices, beauty parlors, etc. The Code categorizes allowable uses
into those that are Permitted, which are reviewed through an administrative process ($25
fee), and those that are Special, which are reviewed through a public process by the
Zoning Board of Adjustment ($75 fee). The Code also contains a prohibited uses section,
such as auto repair, firearm sales, kennels, restaurants, dance studios. The City applies
certain standards to home occupations regarding limitations of up to 10 vehicle trips a
day, class sizes, storage, equipment usage, etc.
The new state law (Attachment B) does not allow cities to regulate home-based
businesses by use (with some exceptions); but does allow them to regulate by
intensity of use and potential impacts to a neighborhood including parking on the
street and any noise, odor, or pollution emanating from the property in question.
In order to comply with this new law, changes to the current City standards are
needed.
At the October 11 meeting, City Council reviewed options to modify the City standards
and directed staff to allow home occupations by right, subject to specific criteria. This
approach is fairly permissive in that it will allow for a wide range of home occupations that
previously required review and approval by the Zoning Board of Adjustment as Special
Home Occupations. The City Council previously determined that a two-classification
system was not needed, and to establish criteria similar to the City’s current criteria for all
2
uses. No exception process to exceed the limitations is allowed. If a home occupation is
not in compliance with the adopted criteria, the business must: 1) modify operations to
come into compliance or 2) cease operations.
PROPOSED ORDINANCE:
Planning, Legal, and Inspections staff have worked together to substantially
rework the home occupation regulations (Attachment C) to incorporate state
requirements and modify the City’s current standards to fit the goal of having
uniform standards for all types of home occupations as directed by Council. Key
issues addressed with the proposed changes are: 1) intensity of use for a home
occupation within buildings and yards, 2) employee limits, 3) customer limits, 4)
parking requirements, and 5) prohibited uses. Additionally, child day care facilities
are reclassified as a separate use from home occupations, although the standards
remain the same as they are current applied through the home occupation process.
Notable changes include:
1. Increasing the amount of the dwelling unit floor area that can be occupied by the
business to not exceed 50%. (This change is to conform to state law in general.)
2. Allowing business activity in the rear or side yard when screened by a 6-foot-high
fence. (This change is based upon allowances described in state law in general.)
3. Clarifying the criteria for parking of one vehicle on a driveway, but not storage of
vehicles, equipment, trailers, etc. Parking on the street is only permissible for one
vehicle related to the business. Customer parking on the street is not regulated,
however we continue to have the standard that a second on-site parking space is
required when two customers are likely present concurrently. (Previously the ZBA
had some discretion regarding how to apply parking requirements, these changes
are to create enforceable standards without a permit)
4. Establishing hours of operations from 6:30 a.m. to 7:00 p.m. if there are off-site
employees or customers. (The ZBA could previously set hours of operation)
5. Setting a new maximum occupancy for employees and clients, including a
maximum of five clients at a time. Employees limited to primary residents and up
to two off-site employees coming to the site. (This change is to conform to state
law in general.)
6. Modifying the list of prohibited uses. The list is increased from the current
restrictions due to the lack of discretionary review process. (This change is due to
a single review process and is allowed by state law in general.)
7. Moving the child day care regulations out of home occupations and into their own,
separate section within Article 13 of the Zoning Ordinance due to their unique
operationally aspects that would likely not meet home occupation standards.
3
Staff has also proposed to modify certain definitions as needed. This includes an update
to the Garage/Rummage Sale definition to clearly define that a sale is for three days or
less and only three are allowed in a year.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on November 16, 2022, to consider the
proposed text amendment. The Commissioners discussed the differences between the
current and proposed code, the new day care regulations, and how Home Occupations
would be regulated without permits.
The Commission voted 5-0-0 to recommend that the City Council amend the Home
Occupation as presented.
ALTERNATIVES:
1. Approve on first reading a text amendment regarding home occupation regulations
as presented in Attachment A.
2. Direct staff to prepare modifications to the proposed text amendment and return
for Council consideration at a later date.
3. Do not approve the proposed text amendment.
CITY MANAGER’S RECOMMENDED ACTION:
The current City regulations regarding home occupations are unenforceable and must be
changed to comply with the new state requirements. The Municipal Code has been
rewritten so that it regulates impacts and externalities. The former application and review
process has been eliminated. Uses will be allowed by right with no appeal process. Any
home occupation that is not in compliance with the adopted criteria must alter how it
operates or cease to operate. Citations for noncompliance will be Municipal Code
Infractions and subject to fines.
Staff has written the new regulations with an eye towards ease of enforceability and clarity
of use. Consistent with City Council’s initial direction, where possible, existing standards
were retained for ease of administration and consistency with prior experiences. The
amended code sections modify the standards to comply with state law while still
allowing the City to control for any negative impacts of home occupations through
enforcement actions. Therefore, it is the recommendation of the City Manager that
the City Council approve Alternative #1.
4
Attachment A
Current Zoning Code Requirements for Home Occupations
Sec. 29.1304. HOME OCCUPATIONS.
This Section is intended to protect residential areas from potential adverse impacts of activities
defined as home occupations; to permit residents of the community a broad choice in the use of
their homes as a place of livelihood in the production or supplementing of personal/family income;
to restrict incompatible uses; to establish criteria and develop standards for the use of residential
structures or dwelling units for home occupations. It is not the intent to eliminate certain businesses
and occupations that may be compatible with residential areas.
(1) Permitted, Special and Prohibited Home Occupations.
(a) The following are Permitted Home Occupations:
(i) Home sewing or tailoring;
(ii) Studios for painting, sculpturing, ceramics or other similar arts;
(iii) Writing or editing;
(iv) Telephone answering, scheduling of appointments, and other office activities
where there are limited visits to the home;
(v) Production of crafts such as handiwork, model-making, weaving, lapidary, and
cabinet-making for the purpose of selling the product;
(vi) Tutoring and giving lessons, limited to 4 students at any one time;
(vii) Catering, home-cooking and preserving for the purpose of selling the product;
(viii) Computer programming, services provided over the Internet and other similar
activities;
(ix) Mail order businesses where products are shipped directly from the supplier to the
customer; and
(x) Offices for architects and engineers.
(xi) Home child care providers designated by the state department of human services
as either Non-Registered Home, Child Development Home “A”, or Child
Development Home “C” (1 Provider).
(b) The following are Special Home Occupations:
(i) Home child care providers designated by the state department of human services
as either Child Development Home “B”, or Child Development Home “C” (2
Providers). Child care providers designated by the state department of human
services as a “Licensed Center’ are not eligible for approval as a Home
Occupation.
(ii) Home adult day care for the care of no more than six adults (not permanent
residents).
(iii) Physicians and other licensed medical practitioners;
(iv) Barbershops and beauty parlors;
(v) Small repair shops (including small appliances, mower repair, blade sharpening
and similar uses);
(vi) Real estate and related services;
(vii) Insurance agents;
(viii) Home professional offices, lawyers and members of similar professions, and
(ix) All other activities not included on either the permitted or prohibited list.
5
(c) The following are prohibited Home Occupations;
(i) Animal hospitals;
(ii) Dancing studios or exercise studios;
(iii) Private clubs;
(iv) Restaurants;
(v) Stables and kennels;
(vi) Repair or painting of motor vehicles, including motorcycles; and
(vii) Firearm sales
(d) Rummage/garage sales are not included in the listing of permitted, special or prohibited
home occupations and are not defined as home occupations, provided no more than 3
sales per year are conducted. In addition, sale of garden produce is not defined as a home
occupation provided no more than 3 sales per year are conducted.
(2) Permit and Review Procedures.
(a) Permitted Home Occupations. Applicants must submit an application to the Planning
and Housing Department. The application will be reviewed by the staff, and the
applicant will be notified of the decision of the Department. If the applicant is aggrieved,
the decision may be appealed to the Zoning Board of Adjustment within 30 days.
(b) Special Home Occupations. Applicants must submit a Special Home Occupation Permit
to the City Clerk for consideration by the Zoning Board of Adjustment. Applications
will then be reviewed by the Planning and Housing Department. A staff report will be
prepared and sent to the Zoning Board of Adjustment.
The Board may grant the Special Home Occupation Permit if it reasonably concludes
from the evidence that the home occupation proposed will meet the criteria set out in
Section 29.1304(3). The Board may, if warranted by the evidence, impose such
additional conditions as may be deemed necessary to protect the legitimate use and
enjoyment of neighboring properties. Any failure to obtain such Special Home
Occupation Permit when required, or to comply with the criteria and conditions set out
when issued, shall constitute a violation of this Section and shall be grounds for
revocation of the Special Home Occupation Permit after notice and hearing by the
Zoning Board of Adjustment.
(c) Prohibited Home Occupations. No person will be allowed to operate prohibited home
occupations.
(3) Criteria. All home occupations must meet the following criteria:
(a) Area to Be Used.
(i) The activity shall be conducted in a manner that will not alter the normal residential
character of the premises, or in any way cause a nuisance to adjoining residents,
nor shall there be any structural alteration to accommodate the occupation. There
should be no emission of smoke, dust, odor, fumes, glare, noises, vibration,
electrical or electronic disturbances detectable at the lot line that would exceed that
normally produced by a single residence. Special noise exceptions will be allowed
for day care homes due to the nature of the clients using the facility.
(ii) The activity shall be located within the principal building or within an accessory
structure. It shall occupy no more than 25% of the total floor area of the residence
and shall not exceed 400 square feet of an accessory building. Exception: For
family day care homes, the entire dwelling unit may be used to serve the various
6
needs of day care (e.g., kitchen, bathroom, napping rooms, play areas, etc.).
However, the day care can provide care to no more than one person per 35 square
feet of the total dwelling unit, exclusive of baths, hallways, closets, kitchens, and
dining areas. The dining area may be included in the square footage calculation if
used by day care participants for activities other than meals.
(b) Signs. Any sign utilized at the home occupation shall be limited to one flush-mounted
sign on the main residential structure, which shall not exceed one square foot in area.
Such sign shall not be lighted and nonreflecting materials shall be used. The legend shall
show only the name of the occupant and the type of occupation. Color shall be consistent
with the residential character.
(c) Equipment. There shall be no mechanical equipment used except as customary for
domestic household purposes. Any merchandise or stock in trade sold, repaired or
displayed shall be stored entirely within the residential structure or in any accessory
building. No storage is to be visible from lot lines.
(d) Employment. The activity shall employ only members of the household residing in the
dwelling unless approval for the employment of up to two (2) non-family members is
granted by the Zoning Board of Adjustment.
(e) Traffic. The activity shall not generate significantly greater traffic volumes than would
normally be expected in a residential area. Not more than 10 vehicular visits per day
shall be allowed. An exception to the number of visits allowed per day may be permitted
for family day care homes and adult day care due to the number of children or adults
allowed on-site and the need for parent or caregiver contact during the day. The delivery
and pick up of materials or commodities to the premises by commercial vehicles shall
not interfere with the delivery of other services to the area.
(f) Parking Criteria.
(i) Only one delivery vehicle associated with the activity may be parked on the street
near the premises for not more than 4 consecutive hours.
(ii) One additional on-site parking space is required above the normal parking
requirement where 2 or more clients are likely to visit the premises concurrently.
(iii) No more than 4 client vehicles during any given hour shall be allowed on the site.
This requirement shall not be construed to prohibit occasional exceptions for such
events as meetings, conferences, demonstrations, or similar events that are in no
way a nuisance to adjoining residences.
(g) Class Size. If the home occupation is the type in which classes are held or instructions
given, there shall be no more than 4 students or pupils at any given time. The Board
may approve up to 6 students if it finds that the additional students will not generate
additional traffic. Day-care homes may have up to 6 children or adults at a time.
Additional children or adults will require a Special Home Occupation Permit for a day-
care center.
(h) Number of Home Occupations. The total number of home occupations within a dwelling
unit is not limited, except that the cumulative impact of all home occupations conducted
within the dwelling unit shall not be greater than the impact of one home occupation.
This will be determined by using the home occupation criteria.
(4) Family Day Care in Multifamily Dwellings. In addition to the criteria of Section 29.1304(3),
Family Day Care in multifamily dwellings shall comply with the following additional criteria.
7
(a) A defined outdoor play area is available on-site that provides not less than 75 square
feet per child based on the maximum number of children that will be attending the day
care at any given time, or a public or neighborhood park is located within 300 feet of
the site. This provision only applies to day care provided to children five years of age
and older.
(b) An area designated and posted for guest parking is provided on the site; or at least one
parking space must be posted and reserved for use of the day care operation only.
Parking spaces otherwise required to meet minimum parking requirements for the
residents may not count toward the required guest or reserved parking spaces.
(c) The day care operator must provide evidence that the owner of the multifamily building
has no objections to the day care operation, and that he or she agrees to comply with the
required guest or reserved parking provisions.
8
Attachment B
Newly Adopted State Code Regulating Home-Based Businesses
Iowa Code Sec. 414.33
1. For the purposes of this section:
a. “Goods” means any merchandise, equipment, products, supplies, or materials.
b. “Home-based business” means any business for the manufacture, provision, or sale of
goods or services that is owned and operated by the owner or tenant of the residential
property on which the business operates.
c. “No-impact home-based business” means a home-based business for which all of the
following apply:
(1) The total number of on-site employees and clients does not exceed the city
occupancy limit for the residential property.
(2) The business activities are characterized by all of the following:
(a) The activities are limited to the sale of lawful goods and services.
(b) The activities do not generate on-street parking or a substantial increase in
traffic through the residential area.
(c) The activities occur inside the residential dwelling or in the yard of the
residential property.
(d) The activities are not visible from an adjacent property or street.
2. The use of a residential property for a home-based business is a permitted use. However, this
subsection does not supersede any of the following:
a. A deed restriction, covenant, or agreement restricting the use of land.
b. A master deed, bylaw, or other document applicable to a common interest ownership
community.
3. A city shall not prohibit a no-impact home-based business or otherwise require a person to
apply, register, or obtain any permit, license, variance, or other type of prior approval from
the city to operate a no-impact home-based business.
4. A city may establish reasonable regulations on a home-based business if the regulations are
narrowly tailored for any of the following purposes:
a. The protection of the public health and safety, including rules and regulations related to
fire or building codes, health and sanitation, transportation or traffic control, solid or
hazardous waste, pollution, or noise control.
b. Ensuring that the business is all of the following:
(1) Compatible with residential use of the property and surrounding residential use.
(2) Secondary to the use of the property as a residence.
(3) Complying with state and federal laws and paying applicable taxes.
c. Limiting or prohibiting the operation of a home-based business for the purposes of
selling alcoholic beverages or illegal drugs, operating or maintaining a structured sober
living home, creating or selling pornography, providing nude or topless dancing, or
operating any other adult-oriented business.
5. A city shall not require as a condition of operating a home-based business that the property
be rezoned for commercial use or that the business owner install or equip fire sprinklers in a
single-family detached residential dwelling or any residential dwelling with not more than
two dwelling units.
9
6. In any proceeding alleging that a city regulation does not comply with this section, the city
that enacted the regulation must establish by clear and convincing evidence that the regulation
complies with this section.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
AMENDING SECTION 29.201, BY REPLEALING
AND REPLACING SECTION 29.1304, AND BY
ENACTING A NEW SECTION 29.1304A THEREOF,
FOR THE PURPOSE OF REGULATING HOME
OCCUPATIONS, 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 29.201, by repealing and replacing Section
29.1304, and by enacting a new Section 29.1304A as follows:
“Sec. 29.201. DEFINITIONS.
. . .
(13)Animal Boarding House means a place or establishment other than an animal shelter
where animals not owned by the proprietor are sheltered, fed, and watered in return
for consideration.
(98)Home Occupation means an occupation, profession, activity, or use conducted for
financial gain or profits in a dwelling unit or on a residential property that is clearly
secondary to the residential use of the dwelling unit or property, does not alter the
exterior of the dwelling unit, or affect the residential character of the property or the
neighborhood, and does not employ more than 2 persons, not including resident(s) of
the dwelling.
. . .
Sec. 29.1304. HOME OCCUPATIONS.
(1)Purpose. This Section is intended to protect residential areas from potential adverse
impacts of activities defined as Home Occupations; to permit residents of the
community a broad choice in the use of their homes as a place of livelihood in the
production or supplementing of personal/family income; to restrict any negative
impacts on surrounding properties; and to establish criteria and develop standards for
the use of residential structures or dwelling units for Home Occupations.
(2)Definitions.
(a)Clients and Customers are visitors to a Home Occupation who are engaging
the services offered by the Home Occupation or who are purchasing items sold
by the Home Occupation. Clients and customers are not residents of the dwelling
Item No. 25
where the Home Occupation is located and are not employed by the Home
Occupation.
(3) Regulation.
(a) Home Occupations are an allowed use, subject to conformance with all codes
and standards of the Ames Municipal Code. No permit or license is required.
(b) A Home Occupation shall be operated and maintained in conformance with the
criteria set forth in this section.
(4) Criteria.
(a) All Home Occupations must comply with City, County, and State regulations
for public health and safety, including rules and regulations related to fire and
building codes, health and sanitation, transportation, or traffic control, solid or
hazardous waste, pollution, or noise control.
(b) Any Home Occupation that does not comply with all of the criteria in this section
is prohibited.
(c) All Home Occupations must comply with the following requirements:
(i) Operation, Impact, and Nuisance.
a. The Home Occupation operation shall not alter the structure so that it
is no longer a dwelling unit.
b. The activity shall be conducted in a manner that will not alter the
normal residential character of the premises.
c. The use shall be compatible with the residential use of the property
and with the surrounding residential uses.
d. There shall be no emission of smoke, dust, odor, fumes, glare, noises,
vibration, or electrical or electronic disturbances detectable at the lot
line that would exceed what is normally produced by the residential
use of a dwelling unit.
e. Hours of operation for employees, clients/customers, and deliveries
are to be between the hours of 6:30 a.m. and 7:00 p.m.
(ii) Area Limitations:
a. Buildings.
(1) The Home Occupation must occupy less than 50% of the gross
floor area of the dwelling unit but may occupy 50% or more of
the gross floor area of an accessory structure.
(2) Other structures on the property may be used for the Home
Occupation, but less than 50% of the sum of the gross floor area
of all buildings may be occupied by the business.
(3) The gross floor area calculation shall not include attics or
detached buildings intended for animal use (chicken coops, dog
houses, etc.).
(4) All zoning district requirements for primary structures, detached
garages, and accessory structures apply.
b. Yard.
(1) Home Occupation activity in a yard is prohibited unless it is:
(i) In a side or rear yard and
(ii) Behind a fence that is:
1. Solid and opaque, and
2. A minimum of 6 feet high.
(2) The Home Occupation must occupy less than 25% of the fenced
yard area, in addition to the space used in (a)(1).
(3) Use of a front yard or a street side yard for Home Occupation
purposes is prohibited.
(4) Use of a yard may be restricted by other City Codes and zoning
standards, such as Outdoor Storage.
(iii) Signage.
a. Any sign utilized at the Home Occupation shall be limited to one
flush-mounted sign on the main residential structure, which shall not
exceed one square foot in area.
b. Such sign shall not be lighted and nonreflecting materials shall be
used.
c. The legend shall show only the name of the occupant and the type of
occupation.
(iv) Traffic.
a. Not more than 10 vehicular trips related to the business per day shall
be allowed. A trip to and from the Home Occupation location shall
count as one trip.
b. The maximum number of trips shall include those taken by
employees, clients/customers, and deliveries.
c. The delivery and pick up of materials or commodities to the premises
by commercial vehicles shall not interfere with the delivery of other
services to the area.
(v) Parking Criteria.
a. A property with a Home Occupation shall meet all the standards for
parking and driveways in Sec. 29.406, including but not limited to,
the minimum number of required parking spaces, paving, and location
requirements.
b. Trailers, inoperable vehicles, and other Home Occupation-related
equipment shall not be stored on the driveway. One operable
company vehicle is allowed to park in the driveway.
c. Only one delivery vehicle associated with the activity may be parked
on the street near the premises for not more than 4 consecutive hours.
d. One additional on-site parking space is required above the normal
parking requirement where 2 or more clients/customers are likely to
visit the premises concurrently.
e. No more than 4 client or customer vehicles related to the Home
Occupation during any given hour shall be allowed on the site.
f. On street parking of equipment, vehicles, trucks, and trailers related
to or used for the home occupation is prohibited, with the exception
of one vehicle related to the home occupation that may be parked on
the street.
(vi) Maximum Occupancy of the Dwelling Unit for Employees and
Clients/Customers.
a. There is no limitation on primary residents as employees.
b. No more than two non-residents of the dwelling may be employed by
the Home Occupation.
c. Employees arriving at the site for work that occurs either on-site or
off-site are included as non-resident employees.
d. The maximum number of clients/customers at any one time shall not
exceed four.
e. An exception to the maximum occupancy limitation is permitted for
exhibitions of goods or sales of goods that occur for three days or
fewer when the occurrence is less than three times a year.
(vii) Number of Home Occupations.
a. The total number of Home Occupations within a dwelling unit is not
limited.
b. The cumulative impact of all Home Occupations conducted within
the dwelling unit shall not exceed the criteria in this section.
(5) Rummage/Garage Sales.
(a) A rummage/garage sale is a sale of household goods and belongings held either
outdoors or in a garage.
(b) Rummage/garage sales are not Home Occupations, provided the following:
(i) The sale does not occur over more than three consecutive days.
(ii) No more than three sales per year are conducted.
(iii) The maximum number of sales per year is not contingent upon the length
of any sale. The number of sales may not increase beyond three by
shortening the length of each sale.
(6) Prohibited Uses. In addition to Home Occupations that do not comply with the
criteria, the following uses are prohibited for Home Occupations:
(a) Alcohol sales
(b) Adult-oriented businesses, including:
(i) Creating or selling pornography
(ii) Providing nude or topless dancing
(c) Animal boarding houses, kennels, stables, and veterinary hospitals
(i) Exception. An in-home animal boarding house is allowed as a Home
Occupation for the boarding of up to six (6) animals. Use of the yard for
the keeping of boarded animals is not permitted as part of an in-home
animal boarding house.
(d) Dancing studios or exercise studios
(e) Private clubs
(f) Restaurants and bars
(g) Repair or painting of motor vehicles (including motorcycles and boats) or of any
trailer, camper, etc., pulled by a motor vehicle
(h) Firearm training or instruction
(i) Shooting ranges
(j) Welding or machine shop
(k) Dispatch service with cars on-site
(l) Dry cleaners
(m) Funeral homes or mortuaries
(n) Medical and dental offices
(o) Equipment rental
(p) Outdoor storage or salvage businesses
(q) Towing
Sec. 29.1304A. CHILD DAY CARE FACILITIES, HOME-BASED.
(1) Regulation. A Day Care operated within a dwelling unit that includes a primary
resident of the home as an employee is allowed without a permit when it is licensed
by the State of Iowa as a Type “A” (e.g., up to six children) or Type “C” 1 adult (e.g.,
up to eight children).
(2) A Day Care licensed by the State as a Type “B” or a Type “C” 2 adults or any other
type of Day Care requires a Special Use Permit per Section 29.1503. The applicable
criteria for a Special Use Permit is listed in Section 29.1503(5).
(3) Day Care Centers are not a home-based Child Care Facility.
(4) Dedicated Area. For Family Day Care homes, the entire dwelling unit may be used to
serve the various needs of day care (e.g., kitchen, bathroom, napping rooms, play
areas, etc.) However, the Day Care can provide care to no more than one person per
35 square feet of the total dwelling unit, exclusive of baths, hallways, closets,
kitchens, and dining areas. The dining area may be included in the square footage
calculation if used by Day Care participants for activities other than meals.
(5) Parking and Traffic. Each permitted Day Care must meet and maintain on-site parking
to minimum requirements of the Zoning Ordinance. The Board shall consider the
proposed parking, along with drop off and pick up, as part of their review to determine
if traffic levels and parking are compatible with the area for any Day Care requiring
a Special Use Permit. The Board may apply conditions to any Special Use Permits
for parking and traffic control as allowed by Section 29.1503.
(6) Family Day Care in Multifamily Dwellings. Child Care Facilities in multifamily
dwellings shall comply with the following additional criteria.
(a) A defined outdoor play area is available on-site that provides not less than 75
square feet per child based on the maximum number of children that will be
attending the Day Care at any given time, or a public or neighborhood park is
located within 300 feet of the site. This provision only applies to day care
provided to children five years of age and older.
(b) An area designated and posted for guest parking is provided on the site; or at
least one parking space must be posted and reserved for use of the day care
operation only. Parking spaces otherwise required to meet minimum parking
requirements for the residents may not count toward the required guest or
reserved parking spaces.
(c) The Day Care operator must provide evidence that the owner of the multifamily
building has no objections to the Day Care operation, and that he or she agrees
to comply with the required guest or reserved parking provisions.
…”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , 2023.
________________________________ ____________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ITEM#: 26
DATE: 01-10-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: NORTH SUNSET RIDGE SANITARY SEWER (798 N. 500th AVENUE)
BACKGROUND:
City Council approved a contract rezoning agreement for adoption of the Master Plan for
North Sunset Ridge Subdivision (798 N. 500th Avenue) on July 26, 2022. It will be
necessary to construct an oversized 12” sanitary sewer through the North Sunset Ridge
Subdivision to serve the land to the west that is designated for future growth in Ames
Growth Plan 2040.
The contract rezoning agreement includes a cost sharing provision for this sewer where
the developer paid for the project design and will pay for a proportionate share of the
construction based upon the equivalent costs of a standard 8” sanitary sewer. The
remaining construction expenses are considered “oversizing” costs for the City and will
be financed through by American Rescue Plan Act (ARPA) funds.
The project will consist of the installation of 3,500 linear feet of 12” sanitary main. Due to
parts of the sanitary sewer line (approx. 340 linear feet) being placed on a parcel in the
county, staff has been working with Story County to obtain a conditional use permit as
required by the County’s land development (zoning) codes. Following receipt of
construction bids, Ames and Story County staff walked the site again on December 28 to
determine tree removal needs if the sewer were to be directional drilled.
Story County has issued the conditional use permit with no tree mitigation
requirement due to an “insignificant modifications” determination. This
determination is a result of less than 15% of the natural area to be impacted. Bid
Alternate A was included in the plans and specifications for directional drilling
under the majority of the trees, however, some trees will be selectively removed to
access the main trunk sewer for manhole placement at the connection point.
On December 14, 2022, the bids for the project were received as follows:
Bidder Base Bid Alternate A Total Bid
Engineer’s Estimate $ 730,220.00 $ 31,689.00 $ 761,909.00
One bid submitted was declared nonresponsive, because the price for Alternate A was
not included in the proposal form. Staff has reviewed the bids and determined that
apparent low bid from Rognes Corp. is acceptable. Although the bid exceeds the
Engineer’s Estimate, the bid is consistent with construction cost increases experienced
with other projects in recent months. Considering the impact to existing trees and tree
mitigation requirements of a conditional use permit, staff recommends awarding
both the Base Bid and Alternate A.
A summary of revenue and expenses is shown below:
Available Estimated
Hunziker Development Funds (per Agreement) $ 604,725
ARPA 1,065,000
$ 888,216.50
52,828.00
Construction Contingency 100,000.00
Engineering/Administration 94,000.00
Total $ 1,669,725 $ 1,135,044.50
The bid amount will allow the City to complete this project with the developer
contribution amount plus only $530,319.50 in ARPA funds (out of $1,065,000 in
ARPA funds available). The remaining ARPA funds ($534,680.50) will be re-
assigned to other CIP projects that were budgeted under the Growth Plan 2040
Water and Sanitary Sewer programs. Additional ARPA projects are in the design
phase with bids anticipated to be received in 2023.
ALTERNATIVES:
1. a. Accept the report of bids for the North Sunset Ridge Sanitary Sewer project.
b. Approve the final plans and specifications for this project.
c. Award the North Sunset Ridge Sanitary Sewer project to Rognes Excavating,
LLC of Ames, Iowa, in the amount of $ 941,044.50
2. Do not proceed with this project.
CITY MANAGER’S RECOMMENDED ACTION:
Accepting the report of bids, approving final plans and specifications, and awarding the
construction contract will allow this project to proceed, which will provide the necessary
public infrastructure for the proposed development and provide for utility extensions to
serve future development. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1, as noted above.
1
ITEM#: 27
DATE: 01-10-23
DEPT: Transit
COUNCIL ACTION FORM
SUBJECT: REPORT OF BIDS FOR CYRIDE 2023 HVAC IMPROVEMENTS
PROJECT
BACKGROUND:
On November 8, 2022, CyRide, in coordination with the Purchasing Division, released the
2023 HVAC Improvements Project. Plans and specifications called for replacing obsolete
heating, ventilation, and air conditioning (HVAC) equipment for the area of the CyRide
facility that serves the paint booth, body bay, and tire area, along with replacing the
vehicle exhaust system in the body bay. There was also a single alternate to incorporate
the new equipment into the facility’s existing control software.
The following budget was established for this project:
Funds Available Dollars
State PTIG Funds $331,548
Local Grant Match $82,887
Total Grant Funds Available $414,435
Carry Over from the 2022 HVAC Improvement Project $38,335
Total Project Budget $452,770
Bids were due on December 14, 2022. No bids were received in response to the
invitation to bid. CyRide staff contacted potential bidders and the on -call Architecture
and Engineering (A&E) firm to determine why there were no responses to the invitation
to bid. Following those discussions, staff believes there was a timing problem due to the
significant number of other projects that prospective contractors were pursuing. The A&E
firm has agreed to work with potential bidders to help highlight this project if were released
for bid in the future.
The Transit Board directed staff at their meeting on December 21, 2022, to prepare
to rebid the project. Re-issuing the project would allow contractors another
opportunity to bid without requiring changes to the overall project budget.
ALTERNATIVES:
1. Accept the report of no bids and direct staff to prepare to rebid the project.
2. Accept the report of no bids and do not pursue the project.
2
CITY MANAGER’S RECOMMENDED ACTION:
Accepting the report of no bids and preparing to rebid the project allows staff to proceed
with the Transit Board’s directive, permitting the replacement of obsolete equipment that
would improve the working environment for employees. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 , as
described above.
1
ITEM#: 28
DATE: 01-10-23
DEPT: P&R
COUNCIL ACTION FORM
SUBJECT: REPORT OF BIDS FOR FURMAN AQUATIC CENTER POOL BASIN
REPAINTING PROJECT
BACKGROUND:
This project includes preparing and painting the surface of all three basins at the Furman
Aquatic Center. The facility was first painted in 2009 and again prior to the 2017 season.
It is recommended to paint the basins every five to seven years to protec t the concrete
from the chlorinated water.
On November 22, 2022, Council issued a notice to bidders. Staff received and opened
three bids on December 21, 2022 which are summarized below.
BIDDER BASE BID
Amusement Restoration Companies, Burnet, Texas $133,405
TMI Coatings, Inc., St. Paul, Minnesota $298,300
McGill Restoration Inc., Omaha, Nebraska $329,265
Jeff Bartley, Engineer with Water’s Edge Aquatic Design, Lenexa, Kansas, developed the
specifications and prepared a cost estimate. Mr. Bartley will also provide progress review
visits during various stages of the process including surface prep, painting progress, and
final completion. The Engineer’s estimate for this project is as follows:
Engineer’s Project Estimate:
Crack Repair, Leveling, Prepare and Paint all Basins $202,000
Engineering $ 5,000
Total Project Estimate $207,000
Total funding available for this project is $231,404.
Due to the disparity in the costs between the low bid and the two highest bids, staff
is in the process of contacting references for Amusement Restoration Companies,
Burnet, Texas. Staff has not received enough information at this time to make a
recommendation.
2
ALTERNATIVES:
1. Accept the report of bids for the Furman Aquatic Center Pool Basin Repainting
Project, and delay the award of contract.
2. Award a contract to Amusement Restoration Companies, Burnet, Texas, in the
amount of $133,405 for the Furman Aquatic Center Pool Basin Repainting Project.
3. Award a contract to one of the other bidders.
4. Accept the report of bids and reject all bids for the Furman Aquatic Center Pool >
CITY MANAGER’S RECOMMENDED ACTION:
Furman Aquatic Center is a valuable amenity to the community, and it is important that
any work that is completed at the facility is completed with excellence to ensure safety for
all users. This project has a large impact on the facility and staff wants to ensure the
contractor is qualified to complete the work. Staff would like more time to evaluate the
lowest responsive bidder due to the disparity between the lowest and highest bids
as well as the unfamiliarity with the contractor that submitted the lowest bid.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1. It is hoped that staff will be able to present a recommendation at the
January 24 Council meeting.
Caring People Quality Programs Exceptional Service
515.239.5160 main
5404 fax
MEMO
TO: Mayor and City Council
FROM: John Joiner, Public Works Director
DATE: January 6, 2023
SUBJECT: Public Hearing on Prairie View Industrial Area Connection Districts
Staff requests that the City Council continue the public hearing for the Prairie View Industrial
Area establishment of water and sanitary sewer connection districts until January 31, 2023. This
will provide adequate time to meet the notification requirements set forth in the Code of Iowa.
Item No. 29
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 28, UTILITIES,
DIVISION 1, ELECTRIC OF THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY ENACTING A NEW SECTION
28.106 AND AMENDING SECTION 28.108 FOR THE PURPOSE
OF COMMERCIAL ELECTRIC VEHICLE CHARGING RATE
AND INDUSTRIAL TIME-OF-USE ELECTRIC RATES AND
CHARGES; REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by enacting a new Section 28.106 and amending section 28.108 for the purpose of commercial
electric vehicle charging time-of-day rate and industrial time-of-use electric rates and charges as follows:
“…
Sec. 28.105. COMMERCIAL RATE.
…
Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE.
(1)Availability.The “Commercial Electric Vehicle Charging Rate” is solely for the
charging of electric vehicles. The rate shall be voluntary for any non-residential customer whose
consumption in any billing period exceeds 10,000 kWh, or whose metered demand at any time exceeds 55
kVA. Any customer who elects the Commercial Electric Vehicle Charging Rate shall not switch rates more
than once in a period of twelve (12) months. Any customer on Commercial Electric Vehicle Charging Rate
who has a metered demand of less than 55 kVA, or a consumption of less than 10,000 kWh, for twelve (12)
consecutive months, shall be changed to the Small Commercial Rate.
(2)Intent:Electric Services is a summer peaking electric utility, and as such, 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 Hours: Monday through Friday between the hours of 9:00 am and
9:00 pm, excluding federally observed Holidays:
(b) Economy Hours: All remaining hours
(c)Billing Demand:
The “billing demand” shall be the greater of:
(i) The peak fifteen (15) minute demand measured during the premium
hours of the current monthly billing period;
(ii) Thirty percent (30%) of the peak fifteen (15) minute demand measured
during the economy hours of the current monthly billing period;
(iii) Seventy-five percent (75%) of the greatest billing demand for the
summer period during the prior eleven (11) billing periods;
(iv) Sixty percent (60%) of the greatest billing demand during the prior
eleven (11) billing periods;
(v) 40 kVA.
(4)Rate Per Billing Period: For each monthly billing period, a customer
participating in the Commercial Electric Vehicle Charging Rate shall be
charged:
(a) the Service Charge of two hundred fifty dollars ($250.00).
(b) the Demand Charge and the Energy Charge for the billing period as follows:
(i) for bills mailed on or between July 1 and October 31 (summer period),
a customer shall be charged a demand charge of $10.71 per kVA of billing demand
(ii) for bills mailed on or between November 1 and June 30 (winter period),
a customer shall be charged a demand charge of $8.01 per kVA of billing demand
(iii) a customer shall be charged an energy charge of:
$0.12 per kWh during “premium” hours
$0.04 per kWh during “economy” hours
(c) all charges above shall also be subject to the applicable Energy Rate Adjustment
(ERA) per Sec. 28.102.
Sec. 28.107. INDUSTRIAL RATE.
…
Sec. 28.108. INDUSTRIAL TIME-OF-USE ELECTRIC RATE AND CHARGES.
(1)Availability:The Industrial Time-of-Use Electric Rate shall be voluntary for any
customer whose metered demand at any time exceeds 2,500 kVA. Service under this rate schedule is billed
on a Time-of-Use basis as provided under these rules. The Industrial Time-of-Use Electric Rate is an
alternative to Section 28.107 (1) Availability, at the customer’s discretion. Customers opting for inclusion
on Industrial Time-of-Use Electric Rate are required to remain on the rate for a period no less than twelve
(12) consecutive calendar months.
(2)Intent:Electric Services is a summer peaking electric utility, and as such, the cost to
deliver electricity is generally most expensive and detrimental to generation and distribution systems during
hours of greatest demand. The utility benefits when large electric users are encouraged to reduce their
demand during these times. A Time-of-Use 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. Prices encourage the
customer to use electricity during times of low demand and discourage use during the peak times of the
day. Time-of-Use (TOU) pricing allows Electric Services to better control costs and mitigate any negative
system impacts related to times of peak demand.
(3)Definitions:
(a)Time-of-Use:A specifically identifiable period of time during a twenty-four-
hour day used for establishing a pricing strategy aimed at reducing the overall demand for electricity.
(b)Peak: The greatest fifteen (15) minute demand for electricity measured during
the current billing period.
(c)Billing Demand: Highest metered kilovolt-amp (kVA) electric use, in a billing
period measured between the hours of 3pm and 8pm Monday through Friday.
(d)Holidays: Federally observed Holidays.
(e)On-Peak Energy: Electricity, measured in kilowatt hours, used Monday
through Friday between the hours of 8:00 am and 8:00 pm.
(f)Off-Peak Base Energy: Electricity, measured in kilowatt hours, used Monday
through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, up
to the established monthly Billing Demand.
(g)Off-Peak Time-of-Use Energy: Electricity, measured in kilowatt hours, used
Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and
Holidays, in excess of the established monthly Billing Demand
(h)Summer period: Bills mailed on or between July 1 and October 31.
(i)Winter period: Bills mailed on or between November 1 and June 30.
(4)Rate Per Billing Period: For each monthly billing period, a customer participating in the
Industrial Time-of-Use Electric Rate shall be charged:
(a) the Service Charge of two hundred fifty dollars ($250.00);
(b) the Demand Charge and the Energy Charge for the energy consumption during
the billing period as follows:
(i) for bills mailed on or between July 1 and October 31 (summer period):
1) the Billing Demand times the billing rate of $10.40 per kVA, and
2) the On Peak, Energy times the billing rate of $0.0644 per kWh,
3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh,
4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh,
(ii) for bills mailed on or between November 1 and June 30 (winter period):
1) the Billing Demand times the billing rate of $7.80 per kVA, and
2) the On Peak, Energy times the billing rate of $0.0644 per kWh,
3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh,
4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh,
(c) the applicable Energy Cost Adjustment (ECA) per Sec. 28.102, and
(d) any applicable bill impacts of Section 28.107 (3) Billing Demand, (4) Minimum Bill,
(6) Service Facilities, (7) Excess Facilities, (8) Primary Service, and (9) Conditions.
(5) Interruptible Option -Availability:Service under this rate shall be available for customers
with monthly demands of 2,500 kilovolt-amps (kVA) or greater. Service under this rate schedule is
interruptible and customers must agree to interrupt electric service as provided under these interruptible
rate rules.
(a) A minimum interruptible load of 500 kVA is required to qualify for interruptible
service.
(b) Electric Services shall verify Customer compliance with this requirement
through the use of customer-specific interval demand meters.
(c) Any customer eligible for the interruptible rate who wishes to participate shall
establish an interrupt amount based on their previous summer’s average peak kVA demand (the average
billed demand of bills mailed in July, August, September, and October).
(d) The interrupt amount shall be agreed upon by the customer and City of Ames
Electric Services.
(e) Load interruptions are only requested during the months of June, July, August,
and September.
(f) Customer shall be given a minimum of 4 hours notification on the day of
interruption.
(g) Customer must interrupt at the agreed upon elected amount between the hours of
3:00 pm and 8:00 pm, or shorter duration as determined by the City.
(h) Customer shall not be interrupted on more than three consecutive days, and no
more than five (5) times in a billing period.
(i) Customer credits for participating in the interruptible rate option shall be
applied to the customer’s bills mailed out in July, August, September, and October. Customer participation
credits are applied irrespective of a request to interrupt.
(j) Any customer on this rate will be given a credit of $2.60 per elected kVA as a
participation incentive on bills mailed out in July, August, September, and October.
(k) In addition to the participation credit, a customer will be given a compliance
credit of $2.60 per elected kVA for successfully lowering its demand by at least the amount of the elected
interruptible demand. The amount of participation credit applied to the billing demand is based upon the
largest interruption response of the billing period. Failure to curtail the full elected amount will result in no
compliance credit.
(l) In the event a participating customer is unable to interrupt load, a non-
compliance penalty will be charged to the billing period’s demand in the amount of $12.00 per kVA for
each kVA short of the elected amount. The amount of noncompliance charge applied to the billing demand
is based upon the largest noncompliance of the billing period. The compliance credit is equal to the elected
participation minus the amount of noncompliance. Such charge shall be in addition to any charges
otherwise payable to City of Ames Electric Services for electric service under this rate schedule. The
payment of this noncompliance penalty shall not be considered a substitute for any other remedy available
to Electric Services including, but not limited to, reduction of service.
Sec. 28.109. STREET AND SECURITY LIGHTING RATE & INCIDENTAL UNMETERED
ENERGY.
…
Sec. 28.110. RENEWABLE ENERGY BUYBACK RATES....”
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 , .
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ITEM#: 52
DATE: 12-13-22
COUNCIL ACTION FORM
SUBJECT: ELECTRIC RATE MODIFICATIONS FOR ELECTRIC VEHICLE
CHARGING OF COMMERCIAL VEHICLES AND INTERRUPTIBLE RATE
BACKGROUND:
City staff has prepared an ordinance to modify the Municipal Code regarding electric
rates. The ordinance will address modifications in two areas: Commercial electric vehicle
(EV) charging, and industrial user time-of-use. These rate changes were discussed at the
EUORAB meeting in October 2022. EUORAB supports these changes and voted to send
them to the City Council for approval.
Commercial EV Charging Rate:
This rate addition to the Ames Municipal Code is intended to promote off-peak charging
to encourage broader adoption of electric vehicles, reduce impacts of on-peak energy
demands, and capitalize on lower off -peak energy rates. Off-peak charging benefits all
ratepayers by selling more energy during periods that do not contribute to overall system
peak.
Currently, the existing rate structure charges 6.5 cents per kWh. This proposed rate offers
a discount in the demand cost for energy used between 9 p.m. and 9 a.m., when energy
prices per kWh are lower than market energy purchased during the daylight hours. Under
this rate, energy used during the overnight off-peak hours is subject to an “Economy Rate”
of 4 cents per kWh; On-peak energy is charged the full demand charge that is applied to
all commercial electric customers and a “Premium Rate” of 12 cents per kWh.
An example of a potential customer that would benefit from a rate of this type is CyRide.
CyRide is scheduled to take delivery of two new, all-electric buses at the beginning of
2023. Charging buses during the day would add to the utility’s peak demand. The rate
proposed here will benefit both CyRide and the electric utility by encouraging off peak
charging. Other commercial customers of Ames which desire to convert their fleet to
electric can also apply for this rate and gain operational cost savings while reducing
greenhouse gas emissions.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Economy
Premium
Hour Ending
Economy Rates Premium Rates
$0.04 per kWh $0.12 per kWh
30% of peak demand charge Full peak demand charge
Industrial Time-of-Use Electric Rate:
This rate is an alternative to the City’s Industrial Electric Rate. The proposed changes to
the rate align the existing Industrial Time -of-Use (TOU) Electric Rate with an optional
Interruptible Rate. The rate offers two mechanisms to help reduce the utility’s overall
annual peak. First, the TOU rate encourages large industrial customers to shift their peak
energy usage outside the utility’s peak window of 3 p.m. to 8 p.m. Second, customers on
this rate have the additional option to elect a partial interruptible load agreement. This is
where the utility may require the customer to reduce load further during times of peak
demand.
Ames has one customer that has chosen this rate structure. The proposed changes to
the Municipal Code language will align the Industrial Time-of-Use rate with the
Interruptible Option Pilot, and convert the Pilot into a permanent part of the municipal
code.
ALTERNATIVES:
1. Approve first reading of an ordinance making changes to Municipal Code, Chapter
28 as proposed by City Staff and recommend to Council for approval.
2. Do not approve changes to Municipal Code, Chapter 28.
CITY MANAGER’S RECOMMENDED ACTION:
The proposed rate updates will help promote off-peak load growth of electric sales and
assist CyRide in transitioning its fleet to electric vehicles. Additionally, aligning the
industrial time-of-use rate with the interruptible option will encourage large users to shape
their load in a beneficial way for the utility while saving the customer money on its energy
bill.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
ORDINANCE NO. 4483
AN ORDINANCE TO AMEND CHAPTER 28, UTILITIES,
DIVISION 1, ELECTRIC OF THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY ENACTING A NEW SECTION
28.106 AND AMENDING SECTION 28.108 FOR THE PURPOSE
OF COMMERCIAL ELECTRIC VEHICLE CHARGING RATE
AND INDUSTRIAL TIME-OF-USE ELECTRIC RATES AND
CHARGES; REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by enacting a new Section 28.106 and amending section 28.108 for the purpose of commercial
electric vehicle charging time-of-day rate and industrial time-of-use electric rates and charges as follows:
“…
Sec. 28.105. COMMERCIAL RATE.
…
Sec. 28.106. COMMERCIAL ELECTRIC VEHICLE CHARGING RATE.
(1) Availability. The “Commercial Electric Vehicle Charging Rate” is solely for the
charging of electric vehicles. The rate shall be voluntary for any non-residential customer whose
consumption in any billing period exceeds 10,000 kWh, or whose metered demand at any time exceeds 55
kVA. Any customer who elects the Commercial Electric Vehicle Charging Rate shall not switch rates more
than once in a period of twelve (12) months. Any customer on Commercial Electric Vehicle Charging Rate
who has a metered demand of less than 55 kVA, or a consumption of less than 10,000 kWh, for twelve (12)
consecutive months, shall be changed to the Small Commercial Rate.
(2) Intent: Electric Services is a summer peaking electric utility, and as such, 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 Hours: Monday through Friday between the hours of 9:00 am and
9:00 pm, excluding federally observed Holidays:
(b) Economy Hours: All remaining hours
(c) Billing Demand:
The “billing demand” shall be the greater of:
(i)The peak fifteen (15) minute demand measured during the premium
hours of the current monthly billing period;
(ii)Thirty percent (30%) of the peak fifteen (15) minute demand measured
during the economy hours of the current monthly billing period;
(iii)Seventy-five percent (75%) of the greatest billing demand for the
summer period during the prior eleven (11) billing periods;
(iv)Sixty percent (60%) of the greatest billing demand during the prior
eleven (11) billing periods;
(v) 40 kVA.
(4) Rate Per Billing Period: For each monthly billing period, a customer
participating in the Commercial Electric Vehicle Charging Rate shall be
charged:
(a) the Service Charge of two hundred fifty dollars ($250.00).
(b) the Demand Charge and the Energy Charge for the billing period as follows:
(i) for bills mailed on or between July 1 and October 31 (summer period),
a customer shall be charged a demand charge of $10.71 per kVA of billing demand
(ii) for bills mailed on or between November 1 and June 30 (winter period),
a customer shall be charged a demand charge of $8.01 per kVA of billing demand
(iii) a customer shall be charged an energy charge of:
$0.12 per kWh during “premium” hours
$0.04 per kWh during “economy” hours
(c) all charges above shall also be subject to the applicable Energy Rate Adjustment
(ERA) per Sec. 28.102.
Sec. 28.107. INDUSTRIAL RATE.
…
Sec. 28.108. INDUSTRIAL TIME-OF-USE ELECTRIC RATE AND CHARGES.
(1) Availability: The Industrial Time-of-Use Electric Rate shall be voluntary for any
customer whose metered demand at any time exceeds 2,500 kVA. Service under this rate schedule is billed
on a Time-of-Use basis as provided under these rules. The Industrial Time-of-Use Electric Rate is an
alternative to Section 28.107 (1) Availability, at the customer’s discretion. Customers opting for inclusion
on Industrial Time-of-Use Electric Rate are required to remain on the rate for a period no less than twelve
(12) consecutive calendar months.
(2) Intent: Electric Services is a summer peaking electric utility, and as such, the cost to
deliver electricity is generally most expensive and detrimental to generation and distribution systems during
hours of greatest demand. The utility benefits when large electric users are encouraged to reduce their
demand during these times. A Time-of-Use 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. Prices encourage the
customer to use electricity during times of low demand and discourage use during the peak times of the
day. Time-of-Use (TOU) pricing allows Electric Services to better control costs and mitigate any negative
system impacts related to times of peak demand.
(3) Definitions:
(a) Time-of-Use: A specifically identifiable period of time during a twenty-four-
hour day used for establishing a pricing strategy aimed at reducing the overall demand for electricity.
(b) Peak: The greatest fifteen (15) minute demand for electricity measured during
the current billing period.
(c) Billing Demand: Highest metered kilovolt-amp (kVA) electric use, in a billing
period measured between the hours of 3pm and 8pm Monday through Friday.
(d) Holidays: Federally observed Holidays.
(e) On-Peak Energy: Electricity, measured in kilowatt hours, used Monday
through Friday between the hours of 8:00 am and 8:00 pm.
(f) Off-Peak Base Energy: Electricity, measured in kilowatt hours, used Monday
through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and Holidays, up
to the established monthly Billing Demand.
(g) Off-Peak Time-of-Use Energy: Electricity, measured in kilowatt hours, used
Monday through Friday between the hours of 8:00 pm and 8:00 am, and all-day Saturday, Sunday, and
Holidays, in excess of the established monthly Billing Demand
(h) Summer period: Bills mailed on or between July 1 and October 31.
(i) Winter period: Bills mailed on or between November 1 and June 30.
(4) Rate Per Billing Period: For each monthly billing period, a customer participating in the
Industrial Time-of-Use Electric Rate shall be charged:
(a) the Service Charge of two hundred fifty dollars ($250.00);
(b) the Demand Charge and the Energy Charge for the energy consumption during
the billing period as follows:
(i) for bills mailed on or between July 1 and October 31 (summer period):
1) the Billing Demand times the billing rate of $10.40 per kVA, and
2) the On Peak, Energy times the billing rate of $0.0644 per kWh,
3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh,
4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh,
(ii) for bills mailed on or between November 1 and June 30 (winter period):
1) the Billing Demand times the billing rate of $7.80 per kVA, and
2) the On Peak, Energy times the billing rate of $0.0644 per kWh,
3) the Off Peak, Base Energy times the billing rate of $0.0644 per kWh,
4) the Off Peak, Time-of-Use Energy times the billing rate of $0.04 per kWh,
(c) the applicable Energy Cost Adjustment (ECA) per Sec. 28.102, and
(d) any applicable bill impacts of Section 28.107 (3) Billing Demand, (4) Minimum Bill,
(6) Service Facilities, (7) Excess Facilities, (8) Primary Service, and (9) Conditions.
(5) Interruptible Option -Availability: Service under this rate shall be available for customers
with monthly demands of 2,500 kilovolt-amps (kVA) or greater. Service under this rate schedule is
interruptible and customers must agree to interrupt electric service as provided under these interruptible
rate rules.
(a) A minimum interruptible load of 500 kVA is required to qualify for interruptible
service.
(b) Electric Services shall verify Customer compliance with this requirement
through the use of customer-specific interval demand meters.
(c) Any customer eligible for the interruptible rate who wishes to participate shall
establish an interrupt amount based on their previous summer’s average peak kVA demand (the average
billed demand of bills mailed in July, August, September, and October).
(d) The interrupt amount shall be agreed upon by the customer and City of Ames
Electric Services.
(e) Load interruptions are only requested during the months of June, July, August,
and September.
(f) Customer shall be given a minimum of 4 hours notification on the day of
interruption.
(g) Customer must interrupt at the agreed upon elected amount between the hours of
3:00 pm and 8:00 pm, or shorter duration as determined by the City.
(h) Customer shall not be interrupted on more than three consecutive days, and no
more than five (5) times in a billing period.
(i) Customer credits for participating in the interruptible rate option shall be
applied to the customer’s bills mailed out in July, August, September, and October. Customer participation
credits are applied irrespective of a request to interrupt.
(j) Any customer on this rate will be given a credit of $2.60 per elected kVA as a
participation incentive on bills mailed out in July, August, September, and October.
(k) In addition to the participation credit, a customer will be given a compliance
credit of $2.60 per elected kVA for successfully lowering its demand by at least the amount of the elected
interruptible demand. The amount of participation credit applied to the billing demand is based upon the
largest interruption response of the billing period. Failure to curtail the full elected amount will result in no
compliance credit.
(l) In the event a participating customer is unable to interrupt load, a non-
compliance penalty will be charged to the billing period’s demand in the amount of $12.00 per kVA for
each kVA short of the elected amount. The amount of noncompliance charge applied to the billing demand
is based upon the largest noncompliance of the billing period. The compliance credit is equal to the elected
participation minus the amount of noncompliance. Such charge shall be in addition to any charges
otherwise payable to City of Ames Electric Services for electric service under this rate schedule. The
payment of this noncompliance penalty shall not be considered a substitute for any other remedy available
to Electric Services including, but not limited to, reduction of service.
Sec. 28.109. STREET AND SECURITY LIGHTING RATE & INCIDENTAL UNMETERED
ENERGY.
…
Sec. 28.110. RENEWABLE ENERGY BUYBACK RATES. ...”
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 , .
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
Caring People Quality Programs Exceptional Service
MEMO
To: Mayor and City Council
From: Kelly Diekmann, Planning & Housing Director
Date: January 10, 2023
Subject: The Bluffs at Dankbar Farms Zoning Agreement
Background:
The City Council approved on December 13, 2022 a rezoning with Master Plan
for a 105.62 acre site of which approximately 85.62 acres were zoned from
Agricultural (A) to Suburban Residential Low Density (FS-RL) and to
Suburban Residential Medium Density (FS-RM) with the remaining twenty
acres maintaining its Agricultural (A) zoning designation. The Master Plan
identifies areas to be zoned, the types of permitted development, and densities.
The City requires that to complete a rezoning with a Master Plan, a Zoning
Agreement is agreed to by the developer. As described in December 13, 2022
rezoning report, the Zoning Agreement assigns the amount of sewer capacity
to each land use type based on density and projected usage.
Attached is an unsigned zoning agreement for Council review. The
developer will return a signed copy prior to the City Council meeting in
order to complete the rezoning process.
Item No. 31
1
REZONING AGREEMENT
FOR THE BLUFFS AT DANKBAR FARMS DEVELOPMENT
THIS AGREEMENT, made and entered into this _____ day of January, 2023, by
and between R. Friedrich and Sons, Inc. and Friedrich Land Development Company,
L.L.C. (hereinafter called the “Developers”), the City of Ames, Iowa (hereinafter called
the “City”) its successors and assigns, both collectively being referred to as the “Parties,”
WITNESSETH THAT:
WHEREAS, the Parties hereto desire the improvement and development of three
parcels 1 of real property, located within the vicinity of Cameron School Road and GW
Carver Avenue (collectively referred to hereinafter as the “Site”) and legally described as:
[See attached Exhibit ‘A’ for legal description.]
WHEREAS, the Site has a Residential Neighborhood 3 (RN-3) and Commercial
Core designation within the Ames Plan 2040 and is zoned currently as “A” Agricultural
and the Developer is seeking rezoning of portions the Site to three different zoning
designations: Floating Suburban – Residential Low Density (F-S RL), Floating Suburban
– Residential Medium Density (F-S RM), and 20 acres of the site remaining as “A”
Agricultural zoning. Zoning classifications shall be as set forth in the rezoning ordinance
adopted by the City Council.
WHEREAS, the City Council has determined that due to specific conditions that
exist on or around the area proposed to be rezoned, or due to specific situations that require
more careful consideration of how the layout and design of a site affects general health,
1 Tax parcels 05-20-400-310, 05-20-400-140 and 05-20-400-230 (gross acres in total
approximately 106.63/net acres 90.03)
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal description: See page 7.
Return document to: City Clerk, 515 Clark Avenue, Ames IA 50010
Document prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010 – 515-239-5146
2
safety and welfare, a Master Plan must be submitted as part of this rezoning request as set
forth in Ames Municipal Code section 29.1507; and
WHEREAS, the Developers have submitted a Master Plan (named “The Bluffs at
Dankbar Farms”) in conformance with the requirements set forth in Ames Municipal Code
section 29.1507(4); and
WHEREAS Ames Municipal Code section 29.1507(5) requires approval of a
zoning agreement when a Master Plan is required, and that all development of the Site
comply with the Master Plan.
NOW, THEREFORE, the Parties hereto have agreed and do agree as follows:
I.
MASTER PLAN ADOPTED
The Master Plan, which is dated and is on file with the Department of Planning and
Housing, is set forth at Attachment B and incorporated by reference in this agreement shall
be the Master Plan for the Site. Developers agree that all development upon the Site shall
comply with the Master Plan on file with the Department. Developers further agree that:
(A) Water Infrastructure. The Site is within the Xenia Rural Water Service territory
and Developer is solely responsible for development of water infrastructure to
City of Ames standards as set forth in the Agreement for Water Service and
Territory Transfer between the City of Ames and Xenia with an effective day
of February 1, 2022, and recorded as Instrument No. 2022-01065. Developers
are responsible for the cost and expense of coordinating with Xenia for
verification of adequate water flow, water pressure, water mains, fire hydrants
and all related improvements needed to meet City standards.
(B) Sanitary Sewer Infrastructure. As described in the Pre Annexation Agreement
adopted February 22, 2022, and filed with the Story County Recorder on May
16, 2022, as Instrument No. 2022-04677, sanitary sewer capacity to the Site is
limited. Developers shall continue to be bound by the terms of said Pre-
Annexation Agreement, subject to the following determinations made by the
City Municipal Engineer, which shall constitute limitations on the development
of the Site:
a. Within the Site, land to the west of the Everest Street extension
zoned as FS-RM and FS-RL allows for development of up to 211 homes
based upon projected flows of 63,300 gallons per day and a peak hour wet
weather flow of 0.256 mgd; and
b. Within the Site, land to the east of the Everest Street extension of
approximately 20 acres is planned for future development of commercial,
3
residential, and or religious/institutional use. The reserved allocation is for
approximately 6 acres of area with commercial use with flows of 30,000
gallons per day and 0.121 mgd of peak hour wet weather flow. The
approximate remaining 14 acres of land is for residential or equivalent use
with flows of 15,000 gallons a day or .061 mgd of peak hour flow; and
c. As set forth in §29.1507(5), the City Council has authority to allow
for an amendment to the Master Plan for the purpose of reallocating
reservation of sanitary sewer capacity, which is processed as a zoning map
amendment. Nothing herein shall be construed as to require City Council
approval of any master plan amendment or make any assurances to
Developer that City Council is bound to make any master plan amendment.
All future development intensity and uses must be consistent with the
limitations set forth herein. The Municipal Engineer shall make all
determinations of consistency with the sanitary sewer capacity limitations.
II.
NON-INCLUSION OF OTHER OBLIGATIONS
The Parties acknowledge and agree that this Agreement is being executed to fulfill
a specific requirement of section 29.1507(5) of the Ames Municipal Code. It is also
understood that this Agreement supplements but does not replace or supersede any
agreements made with the City or third parties. The Parties further acknowledge that all
site development standards and permitting requirements continue to apply to the Site.
The Parties understand that the Master Plan adopts a general conceptual plan for
development, without review or approval of specific subdivision plats or site plans for
development of the Site. The Parties therefore acknowledge that the Master Plan adoption
does not anticipate or incorporate all the additional approvals or requirements that may be
required to develop the Site properly and completely and does not relieve the developer of
compliance with other provisions of the Ames Municipal Code, the Iowa Code, SUDAS,
or other federal, state or local laws or regulations.
III.
BINDING EFFECT
This Agreement shall be binding upon and insure to the benefit of the parties hereto,
their heirs, successors and assigns and shall be recorded with the Recorder of Story County.
Developers shall be jointly and severally liable to the City for each and every obligation
imposed under the terms of this Agreement.
4
IV.
MODIFICATIONS OF AGREEMENT
Any modifications or changes to the Master Plan shall be undertaken in accordance
with the process provided for in Ames Municipal Code section 29.1507(5).
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
(S i g n a t u r e s o n f o l l o w i n g p a g e )
5
DEVELOPERS:
. FRIEDRICH AND SONS, INC.
Kurt W. Friedrich,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on ______________________, 2023, by Kurt W.
Friedrich, as President of R. Friedrich and Sons, Inc.
NOTARY PUBLIC
FRIEDRICH LAND DEVELOPMENT
Kurt W. Friedrich,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on ______________________, 2023, by Kurt W.
Friedrich, as Manager of Friedrich Land Development Company, L.L.C.
NOTARY PUBLIC
6
Passed and approved on ________________________, 2023, by Resolution No. 23-________
adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
John A. Haila,
Renee Hall,
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on _______________________, 2023, by John A.
Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
7
LEGAL DESCRIPTION OF SITE – Exhibit ‘A’
The Northeast Quarter (NE¼) of the Southeast Quarter (SE¼) of Section Twenty (20),
Township Eighty-Four (84) North, Range Twenty-Four (24) West of the 5th P.M., Story
County, Iowa, EXCEPT a parcel of land containing approximately 3.6 acres described as:
Commencing at the Northwest Corner (center of road) of the NE¼ of the SE¼ of Sec. 20-
T84N-R24W of the 5th P.M., Story County, Iowa, thence East along the center of the road
521 feet, thence South 301 feet, thence West 521 feet to the West line of said NE¼ of the
SE¼, thence North 301 feet to the place of beginning.
EXCEPT the road right-of-way described in the Warranty Deed filed in the Office of the
Story County Recorder, on April 7, 1982, and recorded in Book 196, Page 224.
AND,
West one-half of the Southeast Quarter of Section Twenty in Township Eighty-four North,
Range Twenty-four West of the 5th P.M., Story County, Iowa, EXCEPT beginning at
concrete monument located at center of Section Twenty, Township Eighty-four North,
Range Twenty-four West of the 5th P.M., in Story County, Iowa, which is the Northwest
Corner of the Southeast Quarter of said Section; thence South 0°30’ East a distance of
372.30 feet along the West line of said Southeast Quarter; thence North 89°30’ East a
distance of 325.00 feet; thence South 66°41’ East a distance of 36.09 feet; thence North
84°40’ East a distance of 58.92 feet; thence South 39°45’ East a distance of 316.30 feet;
thence North 0°09’ East a distance of 621.43 feet to the North line of said Southeast Quarter
Section; thence West along the North line of Southeast Quarter Section a distance of 623.92
feet to the point of beginning.
8
PORTION OF THE BLUFFS AT DANKBAR FARMS MASTER PLAN
– Exhibit ‘B’
DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: Renee Hall 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 3400 Cameron School Road and 5301 George Washington Carver Avenue is
rezoned from “A” (Agricultural) to “FS-RL” (Suburban Residential Low-Density) and “FS-RM”
(Suburban Residential Medium Density), as follows:
Real Estate Description: Rezoning Tract 1
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 84
NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE S00°07'56"E, 1324.70 FEET ALONG
THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N89°58'20"W, 1309.52 FEET ALONG
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20 TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N00°09'34"W, 1316.31 FEET ALONG
Item No. 31b
THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N00°12'03"W, 947.18 FEET ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20; THENCE N89°50'40"E, 325.37 FEET TO THE SOUTHWEST CORNER OF PARCEL
'Q' IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;
THENCE S66°41'09"E, 35.81 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 'Q';
THENCE N86°17'38"E, 58.70 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 'Q';
THENCE S39°27'39"E, 316.30 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 'Q' TO
THE SOUTHEAST CORNER THEREOF; THENCE N00°26'28"E, 588.47 FEET ALONG THE
EASTERLY LINE OF SAID PARCEL 'Q' TO THE SOUTH RIGHT-OF-WAY LINE OF CAMERON
SCHOOL ROAD; THENCE S89°43'31"E, 687.59 FEET TO THE WEST LINE OF JAMISON
SUBDIVISION; THENCE S00°09'24"E, 267.94 FEET ALONG SAID WEST LINE TO THE
SOUTHWEST CORNER OF SAID JAMISON SUBDIVISION; THENCE S89°39'45"E, 275.48 FEET
ALONG THE SOUTH LINE OF SAID JAMISON SUBDIVISION; THENCE S89°45'30"E, 245.57
FEET ALONG THE SOUTH LINE OF SAID JAMISON SUBDIVISION TO THE SOUTHEAST
CORNER THEREOF; THENCE N00°09'30"W, 250.90 FEET TO THE SOUTH RIGHT-OF-WAY
LINE OF CAMERON SCHOOL ROAD; THENCE S89°42'18"E, 52.50 FEET ALONG SAID SOUTH
RIGHT-OF-WAY LINE; THENCE S00°09'30"E, 549.65 FEET; THENCE N89°44'23"W, 427.26 FEET
TO THE BEGINNING OF A 112.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
12.87 FEET WESTERLY ALONG SAID CURVE, LONG CHORD BEARS S86°59'03"W, 12.86 FEET;
THENCE S83°42'28"W, 59.01 FEET TO THE BEGINNING OF A 387.50 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE 44.32 FEET WESTERLY ON SAID CURVE, LONG CHORD
BEARS S86°59'03"W, 44.29 FEET; THENCE S89°54'59"W, 247.28 FEET; THENCE S00°15'37"W,
125.27 FEET; THENCE S39°03'26"E, 447.96 FEET; THENCE S00°45'13"W, 221.06 FEET TO THE
SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20; THENCE N89°14'47"W, 60.14 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING.
PARCEL CONTAINS A COMBINED 76.06 ACRES (3,313,153 SQ. FT.)
EXISTING ZONING: A (AGRICULTURE) REZONED: FS-RL (SUBURBAN RESIDENTIAL LOW
DENSITY)
Real Estate Description: Rezoning Tract 2
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES,
STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE S89°14'47"E, 60.14 FEET ALONG THE
SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20 TO THE POINT OF BEGINNING; THENCE CONTINUING S89°14'47"E, 449.04 FEET
ALONG SAID SOUTH LINE TO THE BEGINNING OF A 700.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE NORTHERLY 94.65 FEET ALONG SAID CURVE, LONG
CHORD BEARS N04°27'19"E, 94.58 FEET; THENCE N08°19'44"E, 310.85 FEET TO THE
BEGINNING OF A 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
NORTHERLY 148.13 FEET ALONG SAID CURVE, LONG CHORD BEARS N04°05'07"E, 147.99
FEET; THENCE N00°09'30"W, 158.46 FEET; THENCE N89°44'23"W, 427.26 FEET TO THE
BEGINNING OF A 112.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE 12.87
FEET WESTERLY ALONG SAID CURVE, LONG CHORD BEARS S86°59'03"W, 12.86 FEET;
THENCE S83°42'28"W, 59.01 FEET TO THE BEGINNING OF A 387.50 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE 44.32 FEET WESTERLY ON SAID CURVE, LONG CHORD
BEARS S86°59'03"W, 44.29 FEET; THENCE S89°54'59"W, 247.28 FEET; THENCE S00°15'37"W,
125.27 FEET; THENCE S39°03'26"E, 447.96 FEET; THENCE S00°45'13"W, 221.06 FEET TO THE
POINT OF BEGINNING.
PARCEL CONTAINS A COMBINED 9.82 ACRES (427,724 SQ. FT.)
EXISTING ZONING: A (AGRICULTURE) REZONED: FS-RM (SUBURBAN RESIDENTIAL
MEDIUM DENSITY)
Real Estate Description: Rezoning Tract 3
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 20, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY
OF AMES, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE S89°14'47"E, 509.18 FEET ALONG THE
SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 20 TO THE POINT OF BEGINNING AND ALSO THE BEGINNING OF A 700.00 FOOT
RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY 94.65 FEET ALONG SAID
CURVE, LONG CHORD BEARS N04°27'19"E, 94.58 FEET; THENCE N08°19'44"E, 310.85 FEET TO
THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE
NORTHERLY 148.13 FEET ALONG SAID CURVE, LONG CHORD BEARS N04°05'07"E, 147.99
FEET; THENCE N00°09'30"W, 708.11 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
CAMERON SCHOOL ROAD; THENCE S89°42'18"E, 678.14 FEET ALONG SAID RIGHT-OF-WAY
LINE TO THE WEST RIGHT-OF-WAY LINE OF GEORGE WASHINGTON CARVER AVENUE;
THENCE S00°06'04"E, 1263.86 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE SOUTH LINE
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20;
THENCE N89°14'47"W, 741.38 FEET ALONG SAID SOUTH LINE TO THE POINT OF
BEGINNING.
PARCEL CONTAINS A COMBINED 20.00 ACRES (871,226 SQ. FT.)
EXISTING AND CONTINUED ZONING: A (AGRICULTURE)
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.
ADOPTED THIS 10th day of January 2023.
_________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ORDINANCE NO. 4484
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING CHAPTER 12,
SECTIONS 12.2 AND 12.3 THEREOF, FOR THE PURPOSE
OF ESTABLISHING ELECTION OF MEMBERS, TERM OF
OFFICE AND QUALIFICATIONS, 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 Chapter 12, Section 12.2 and Section 12.3 for the purpose of
establishing election of members, term of office and qualifications, as follows:
“Sec. 12.2. ELECTION OF MEMBERS, TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five (5) or seven (7) persons, as
determined by a majority vote of the Board of Trustees. Trustees shall be elected in regular City
elections, and the term of office shall be four (4) years.
Sec. 12.3 QUALIFICATIONS.
Any eligible elector from the City Hospital’s service area, comprising Story, Greene, Boone,
Hamilton, Hardin and Marshall Counties, may be a candidate for the Ames City Hospital Board
of Trustees. Any person appointed to fill a Trustee vacancy shall also be a resident of the City
Hospital’s service area. A candidate for Hospital Trustee must be nominated by petition of
residents of the City in accordance with the election laws of Iowa.”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , .
_______________________________________________________________________
Renee Hall, City Clerk John A. Haila, Mayor
Caring People Quality Programs Exceptional Service
main
fax
Item No. 26
To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: November 17, 2022
Subject: Hospital Board of Trustees Ordinance
On September 15, 2022, Brian Deter, CEO of Mary Greeley Medical Center
(MGMC), sent the Council a letter requesting changes to Chapter 12, the “City
Hospital” chapter of the Municipal Code, as there were apparent conflicts with
the Code of Iowa. The Council referred Mr. Dieter’s letter to the City Attorney
for a response. At the October 25, 2022 City Council meeting, the Council
directed the City Attorney’s office to draft an ordinance to correct the Municipal
Code to bring it into compliance with the Code of Iowa.
The attached ordinance addresses the following two issues:
1.The ordinance amends Section 12.2 of the Ames Municipal Code to
allow either a five (5) or seven (7) member Board of Trustees at the
discretion of the Hospital Board of Trustees. The prior language set
the number of Trustees at five (5). The Iowa Code used to state that the
City Council would set the size of a city hospital board. However, the
Iowa Code was amended in 2009 and the current Iowa Code language
(section 392.6(2)) allows 3, 5 or 7 hospital trustees, and empowers the
Board of Trustees to determine the size of the board.
2.The ordinance amends Section 12.3 of the Ames Municipal Code to
allow anyone from the hospital’s service area to serve as a trustee,
not just City of Ames residents. Iowa Code section 392.6(1) was
amended in 2003, and language was added stating that “A candidate for
hospital or health care facility trustee must be a resident of the hospital or
health care facility service areas within the boundaries of the state at the
time of the election at which the person’s name appears on the ballot.”
The attached ordinance specifies a six-county area that makes up the
MGMC service area, according to MGMC. Those six counties are Story,
Greene, Boone, Hamilton, Hardin, and Marshall Counties. It is important
to note that the elections for City Hospital Trustee remain City
elections. That means that although candidates for Hospital Trustee
could live in any of the six counties, a candidate must obtain on a
nominating petition the required number of signatures of Ames
residents in order to be a candidate, and that only Ames residents
will be voting to elect the Hospital Trustees. Additionally, the
ordinance changes the former wording saying “any adult” was allowed to
be a Trustee candidate, to “any eligible elector” to bring it into sync with
other election laws in Iowa.
CITY ATTORNEY’S RECOMMENDED ACTION:
The Ames Municipal Code conflicts with the Iowa Code, and these changes are
needed to bring the Municipal Code into compliance with state law.
Therefore, it is the recommendation of the City Attorney that the City Council
adopt the ordinance on first passage.
HERE ARE THE CHANGES REFLECTED IN THE ATTACHED ORDINANCE.
STRIKE-THROUGHS ARE DELETIONS; UNDERLININGS ARE ADDITIONS.
“Sec. 12.2. ELECTION OF MEMBERS, TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five (5) persons elected in the regular city
elections, whose terms of office shall be four (4) years. five (5) or seven (7) persons, as determined by a
majority vote of the Board of Trustees. Trustees shall be elected in regular City elections, and the term of
office shall be four (4) years.
Sec. 12.3 QUALIFICATIONS.
Any adult eligible elector from the City Hospital’s service area, comprising Story, Greene, Boone,
Hamilton, Hardin and Marshall Counties, may be a candidate for the Ames City Hospital Board of
Trustees. Any person appointed to fill a Trustee vacancy shall also be a resident of the City Hospital’s
service area. A candidate for Hospital Trustee must be nominated by petition of residents of the City in
accordance with the election laws of Iowa.”
#
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY AMENDING CHAPTER 12, SECTIONS 12.2 AND
12.3 THEREOF, FOR THE PURPOSE OF ESTABLISHING ELECTION
OF MEMBERS, TERM OF OFFICE AND QUALIFICATIONS,
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 Chapter 12, Section 12.2 and Section 12.3 for the purpose of establishing election of members, term of
office and qualifications, as follows:
“Sec. 12.2. ELECTION OF MEMBERS, TERM OF OFFICE.
The Ames City Hospital Board of Trustees shall consist of five (5) or seven (7) persons, as determined by a majority
vote of the Board of Trustees. Trustees shall be elected in regular City elections, and the term of office shall be four
(4) years.
Sec. 12.3 QUALIFICATIONS.
Any eligible elector from the City Hospital’s service area, comprising Story, Greene, Boone, Hamilton, Hardin and
Marshall Counties, may be a candidate for the Ames City Hospital Board of Trustees. Any person appointed to fill a
Trustee vacancy shall also be a resident of the City Hospital’s service area. A candidate for Hospital Trustee must
be nominated by petition of residents of the City in accordance with the election laws of Iowa.”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of , .
_____________________________________________________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ORDINANCE NO. 4485
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 24.20
THEREOF, FOR THE PURPOSE OF A TAX INCREMENT
FINANCING DISTRICT; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by enacting a new Section 24.20 as follows:
“Sec. 24.20. SEVENTH TAX INCREMENT FINANCING DISTRICT.
(1) Purpose. The purpose of this ordinance is to provide for the division of taxes
levied on taxable property within the North Dayton Industrial Park Urban Renewal Area, each year by
and for the benefit of the state, city, county, school districts or other taxing districts after the effective
date of this ordinance in order to create a special fund to pay the principal of and interest on loans,
moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Ames to
finance projects in such area.
(2) Definitions. For use within this ordinance the following terms shall have the
following meanings:
" City" shall mean the City of Ames, Iowa.
"County" shall mean Story County, Iowa.
"Urban Renewal Area" shall mean the North Dayton Industrial Park Urban Renewal Area, such
Area having been identified in the Urban Renewal Plan approved by the City Council of the City by
Resolution No. 22-546 adopted on October 11, 2022, which includes the real property identified below
and shall constitute the tax increment financing district created by this ordinance:
The Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section Thirty-six (36);
the Northeast Quarter (NE ¼) of the Northeast Quarter (NE¼), of Section Thirty-six (36)
except the North 1 rod and except A part of the NE¼ of the NE¼ of Sec. 36-T84-R24W
of the 5th P.M., Story County, Iowa, described as follows: Beginning at a point on the east
line, 16.5 feet south of the NE Corner of said NE¼ of the NE¼; thence N88°41’W 925.0
feet, parallel and 16.5 feet distant from the north line of said NE¼ of the NE¼, thence
South 275.0 feet, thence S88°41’E 925.0 feet to the east line of said NE¼ of the NE¼;
thence North 275.0 feet to the point of beginning.
(3) Provisions for Division of Taxes Levied on Taxable Property in the Urban
Renewal Area. After the effective date of this ordinance, the taxes levied on the taxable property
in the Urban Renewal Area each year by and for the benefit of the State of Iowa, the City , the County
and any school district or other taxing district in which the Urban Renewal Area is located, shall be
divided as follows:
(a) that portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed
value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January
I of the calendar year preceding the first calendar year in which the City certifies to the County Auditor
the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in
paragraph (b) below, shall be allocated and when collected be paid into the fund for the respective
taxing district as taxes by or for said taxing district into which all other property taxes are paid.
For the purpose of allocating taxes levied by or for any taxing district which did not include the
territory in the Urban Renewal Area on the effective date of this ordinance, but to which the
territory has been annexed or otherwise included after the effective date, the assessment roll
applicable to property in the annexed territory as of January 1 of the calendar year preceding the
effective date of the ordinance which amends the plan for the Urban Renewal Area to include the
annexed area, shall be used in determining the assessed valuation of the taxable property in the
annexed area.
(b) that portion of the taxes each year in excess of such amounts shall
be allocated to and when collected be paid into a special fund of the City to pay the principal and
interest on loans, moneys advanced to or indebtedness, whether funded, refunded, assumed or
otherwise, including bonds issued under the authority of Section 403.9(l) of the Code of Iowa,
incurred by the City to finance or refinance, in whole or in part, a project within the Urban
Renewal Area, and to provide assistance for low and moderate-income family housing as
provided in Section 403.22 of the Code of Iowa, except that taxes for the regular and voter -approved
physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code
of Iowa, to the extent authorized in Section 403.19 (2) of the Code of Iowa, taxes for the instructional
support program levy of a school district, imposed pursuant to Section 257.19 of the Code of Iowa,
to the extent authorized in Section 403.19(2) of the Code of Iowa, taxes for the payment of bonds
and interest of each taxing district, and taxes imposed under Section 346.27(22) of the Code of
Iowa, related to joint county-city buildings, shall be collected against all taxable property within the
taxing district without limitation by the provisions of this ordinance. Unless and until the total assessed
valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the
taxable property in such area as shown by the assessment roll referred to in subsection (a) of this
section, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area
shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in
the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if
any, and interest thereon, have been paid , all money thereafter received from taxes upon the taxable
property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts
in the same manner as taxes on all other property.
(c) the portion of taxes mentioned in subsection (b) of this section
and the special fund into which that portion shall be paid may be irrevocably pledged by the City
for the payment of the principal and interest on loans, advances, bonds issued under the Authority
of Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the City to finance or
refinance in whole or in part projects in the Urban Renewal Area.
(d) as used in this section, the word "taxes" includes, but is not limited
to, all levies on an ad valorem basis upon land or real property.
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 , .
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ITEM #__51a __
DATE: 12-13-22
COUNCIL ACTION FORM
SUBJECT: PROPOSED NORTH DAYTON INDUSTRIAL PARK URBAN
RENEWAL AREA AND PLAN
BACKGROUND:
At its November 8th meeting, City Council voted to proceed with the process to create an
Urban Renewal Area at 2105 and 2421 Dayton Avenue. The Urban Renewal Area will
have the same boundaries as the recently approved North Dayton Industrial Park
Preliminary Plat. Urban Renewal Areas (URA) allow for a city to use a variety of
powers and authorities to remove slum and blight and support economic
development within an URA, as defined by Chapter 403 of the Code of Iowa. An
Urban Renewal Plan for an Urban Renewal Area may also establish Tax Increment
Financing (TIF) districts to financially support the objectives and projects of the
Urban Renewal Plan.
The proposed URA comprises approximately 73 acres of land along Dayton Avenue on
land containing a recently approved Preliminary Plat known as the North Dayton Industrial
Park Subdivision at 2105 & 2421 Dayton Avenue. (Attachment A). The land is currently
zoned General Industrial (GI) with a masterplan which was approved this past summer.
The proposed Urban Renewal Plan (URP) is intended to promote economic
development for the City of Ames for small scale industrial lots and speculative
buildings for small businesses. (Attachment B) The proposed URP contemplates use
of Tax Increment Financing (TIF) in the form of property tax reba tes to the developer.
The City Council approved a Development Agreement in October with the developer,
Dayton Avenue Development LLC. The Development Agreement caps the TIF at either
10 years of rebates or $2,968,264, whichever occurs first.
URBAN RENEWAL PLAN:
The City Council adopted a resolution of necessity for the URA at it its November
8th meeting in order to initiate the approval process. There are three steps that
needed to occur upon initiation in order to approve the Urban Renewal Plan. These steps
include consultation with tax entities, a Planning and Zoning Commission review for a
recommendation of consistency with the Land Use Policy Plan, and to hold a public
hearing prior to adoption of the Plan.
The Planning and Zoning Commission reviewed the proposed URA at its November 16th
meeting. The Commission discussed the boundaries of the URA, purpose of the district
for supporting economic development, and the types of projects and activities
contemplated within the Plan. The Commission voted 5-0 to recommend that the
proposed Plan is consistent with the City’s Land Use Policy Plan.
City staff held a consultation meeting on November 18th to allow for input from affected
taxing entities. No one participated in the meeting and no written comments were received
within 7 days of the meeting.
The public hearing notification was published in the Ames Tribune on November 29th,
2022, for the December 13th meeting.
The proposed Plan includes the necessary components described by the Code of Iowa.
The draft URP identifies its purpose to support economic development. It describes the
projects and its objectives. The draft URP identifies those components of the Ames 2040
Comprehensive Plan that support the proposed URA.
The Urban Renewal Plan must reflect if, and how, TIF funds will be used. The identified
amount of TIF funds is a cap on the amount of TIF that can be collected in support of
Urban Renewal Projects. Additional projects, or any increase in TIF that exceeds what is
authorized in the Plan, would require an amendment to the Plan. The Plan identifies up
to $2.968 million dollars for use in facilitating private development through incremental
property tax rebates.
The Plan itself does not define the specific parameters of TIF; the associated TIF
ordinance will define the location where TIF will be generated and how it will be
used.
The Iowa Code also requires that the Plan contain a summary of the City’s current debt
obligations, the City’s limits on issuing debt, and an estimate of the amount of TIF debt
that would be incurred. There are no General Obligation bonds associated with this
Urban Renewal Area. In this case the structure of the TIF rebate will be subject to
annual appropriation by the City Council and does not count towards the City’s
debt limit.
A TIF ordinance establishing a TIF District for the entirety of the North Dayton Industrial
Park URA has been drafted and will be considered for approval following action on the
Urban Renewal Plan and Area.
ALTERNATIVES:
1. Adopt a resolution approving the proposed North Dayton Industrial Park Urban
Renewal Plan and Area per Attachment B.
2. Conduct a public hearing on the proposed Urban Renewal Plan and direct staff to
make changes prior to adopting the Plan.
3. Decline to approve the Urban Renewal Plan and direct staff to not proceed further.
CITY MANAGER’S RECOMMENDED ACTION:
The proposed Urban Renewal Area and Plan creates and defines the area of the Tax
Increment Finance District (TIF) needed to provide a Property Tax Rebate to the
developer for building improvements made in the North Dayton Industrial Park.
This action represents the final step toward following through on the City Council
commitment to help incentivize the development of small businesses in the Community
based on an identified need. The proposed Plan includes and supports the economic
development goals for the area and for the City.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
ATTACHMENT A: PROPOSED DOWNTOWN URBAN RENEWAL AREA
ATTACHMENT B: PROPOSED DOWNTOWN URBAN RENEWAL PLAN
URBAN RENEWAL PLAN
North Dayton Industrial Park Urban Renewal Area
CITY OF AMES, IOWA
October 21, 2022
I. INTRODUCTION
Chapter 403 of the Code of Iowa authorizes cities to establish areas within their
boundaries known as "urban renewal areas," and to exercise special powers within these
areas.
Chapter 15A of the Code of Iowa declares that economic development is a “public
purpose” and authorizes local governments to make grants, loans, guarantees, tax
incentives and other financial assistance to private enterprise. The statute defines
“economic development” as including public investment involving the creation of new jobs
and income or the retention of existing jobs and income that would otherwise be lost.
The proposed URA matches the boundaries of the North Dayton Industrial Park Subdivision
and is approximately 73 acres in size. In addition to defining an area, Iowa Code requires
preparation of a Plan identifying the purpose of the URA and the types of projects and
activities that will occur within the URA.
This document is intended to serve as the Urban Renewal Plan for an urban renewal area
to be known as the North Dayton Industrial Park (the "Urban Renewal Area"). It is intended
that this Urban Renewal Plan will guide the City in promoting economic development. This
document is an Urban Renewal Plan within the meaning of Chapter 403 of the Code of
Iowa, and it sets out proposed projects to be undertaken within the Urban Renewal Area.
A City's Planning and Zoning Commission must review the draft plan and inform the City
Council if it is consistent with the City's general plan, for Ames this is the Ames 2040
Comprehensive Plan. Additionally, all affected taxing entities, such as counties and school
districts, must be notified and given an opportunity to comment on the proposed plan. The
City Council must hold a public hearing on the urban renewal plan, following which, the
Council may approve the plan and designate an area.
II. DESCRIPTION OF URBAN RENEWAL AREA
The North Dayton Industrial Park Urban Renewal Area would include approximately 73 acres
of land located along Dayton Avenue in the northeastern part of Ames as depicted in
Attachment A. A legal description of the property is attached hereto as Exhibit B.
III. AREA DESIGNATION
The URA is designated as an economic development area appropriate for the promotion of
industrial development. Appropriateness for industrial development is based upon the City’s
Comprehensive Plan and zoning designation that supports industrial development. The City
solicited proposals in 2021 for the express purpose of developing additional industrial lots and
speculative buildings as an economic development goal. The proposed Urban Renewal Area is
planned for industrial development of small and medium size industrial lots to allow for a wide
range of uses allowed by the City’s industrial zoning.
IV. URBAN RENEWAL OBJECTIVES
The primary objectives for development within the North Dayton Industrial Park Urban
Renewal Area are:
To contribute to a diversified, well-balanced local economy by retaining and creating job
opportunities and strengthening the property tax base by facilitating development of small lot
and medium size industrial development and the construction of small-scale speculative
buildings.
To provide economic development incentives for development of a project consistent with the
small and medium size industrial development goals.
To promote development utilizing any other objectives allowed by Chapter 403 of the Code of
Iowa.
V. CITY PLAN
The City’s Comprehensive Plan Land Use Map designates this property with the
Employment category of land use. The Employment category policy goals, development
guidelines and public actions support the proposed Urban Renewal Plan that will support
development that is in alignment with the vision proposed in the Comprehensive Plan.
Physical industrial land will need to increase by up to 156 acres to accommodate needed
industrial growth. (Page 63 Ames 2040 Comprehensive Plan). The following goals are
included in the Employment Category, among others, and best support the creation of the
North Dayton Industrial Park Urban Renewal Area:
1. Provide attractive and well-functioning settings for a range of industrial
enterprises.
These industrial lots will be developed in a subdivision with planned infrastructure
installation and will extend infrastructure according to City standards appropriately.
Streets, sidewalks & shared use paths, water, sewer, storm sewer and electrical
infrastructure will connect to their larger networks to provide connections to the rest
of the community.
2. Minimize impact and external effects on city neighborhoods.
These industrial lots will be located away from residential neighborhoods in an area
that has been developed with a mix of commercial, industrial and government
research uses.
3. Discourage industrial uses that are large resource users for water and sewer
services with system capacity impacts.
The smaller size of these lots and requirement for speculative buildings on the
smallest lots will discourage high water and sewer users. City Site Development
Plan review will also review resource consumption to protect against excessive
water and sewer usage.
Growth & Land Use
The City’s Growth & Land Use principals found in the Ames 2040 Comprehensive Plan
also support development which will occur within this Urban Renewal Area. Ames is
anticipated to add 15,000 residents by the year 2040. This presents the challenge of
accommodating this population growth and job opportunities as a result in ways that create
the most efficient, connected, rewarding, delightful and equitable experience. Specifically,
principals G1, G2, G5 and G6 all directly support the development which will occur here.
Below is a portion of the Plan with these principles described:
G1: Sustainable Growth. The vision is for new growth to be both economically and environmentally
sustainable. This encompasses housing densities that minimize the footprint of growth and reduce
service cost per unit; maximum use of existing infrastructure; new investments that have citywide
benefits; and preservation of environmental assets.
The emphasis on smaller sized industrial lots helps reduce building footprint and which helps
with minimizing overall growth footprint.
G2: Contiguous Greenfield Development. Ames will accommodate much of its projected population
growth in areas contiguous to the existing built-up city. During the Plan 2040 process, the City identified
alternative contiguous Tier 1 and Tier 2 areas as most readily able to serve the projected growth in
population and employment. Providing multiple opportunity areas creates choices that support a variety
of needs of a growing community.
The industrial development within the North Dayton Industrial URA is contiguous to existing
developed areas of the city.
G5: Review and Approval Process. The ongoing land use planning process defines priorities and
policies, while development review affirms consistency with specific standards that implement these
policies. Decisions will be made through a transparent, collaborative process that includes stakeholders,
and moves toward solutions that are compatible with longterm community goals. This process should be
viewed by all parties as fair and reliable.
The Site development review process will ensure sites are developed consist with zoning
standards and in a manner that is most efficient and logical.
G6: Planning for Equity. Ames will continue to grow in diversity of its people and jobs during the next
twenty years. Equity with growth requires consideration of the needs of a diverse population. This
includes adding affordable housing, multiple housing types, and marketbased price points, supporting
economic growth, expanding transportation choice, providing accessible institutions and services, and
maintaining a variety of amenities.
The creation of these industrial lots within the URA will support economic growth and add job
opportunities to the community.
VI. RENEWAL PROJECTS AND ACTIVITES
The purpose of this Urban Renewal Plan is to facilitate the development of a new industrial
subdivision with small size industrial lots for business development and expansion consistent
with City plans and zoning. To this end the City will provide a rebate of incremental property tax
revenues collected from properties within this subdivision to the developer. This incentive is
based upon estimated costs for the developer to install required public infrastructure and
improvements as part of the subdivision.
Nothing in this section should be construed as limiting the range or types of activities or powers
granted to the City under Chapter 403 or any other provisions of the Code of Iowa in furtherance
of the Urban Renewal Plan as the City Council determines necessary to fulfill the goals for
development of this Area.
A. Tax Increment Financing
Under the Iowa Urban Renewal Law, in order to assist in the development of new private
enterprises, the City may be requested to provide a property tax incentive in the form of an
agreement that returns certain incremental property tax revenues to a developer as
economic development payments. As part of the establishment of an urban renewal area,
the City may adopt an ordinance to create a tax increment financing district (the "TIF
District"), within which the property taxes eventually paid by new private development will
be used to pay costs of urban renewal projects, including economic development
agreements. The use of these tax revenues in this manner is known as tax increment
financing ("TIF").
Depending on the date on which a TIF District is legally established and the date on which
debt is initially certified within a TIF District, an original taxable valuation is established for
the property within a TIF District, which is known as the "base valuation." The "base
valuation" is the assessed value of the taxable property in a TIF District as of January 1 of
the calendar year preceding the calendar year in which a City first certifies the amount of
any obligations payable from TIF revenues to be generated within that TIF District. When
the value of the property inside a TIF District increases by virtue of new construction or any
other reason, the difference between the base valuation and the new property value is the
"tax increment" or "incremental value."
Procedurally, after tax increment debt has been incurred within a TIF District, property taxes
levied by the city, the county, the school district and the area college against the incremental
value, with the exception of taxes levied to repay debt incurred by those jurisdictions and
the school district physical plant and equipment and instructional support levies, are
allocated by state law to the City's tax increment fund rather than to each jurisdiction. These
new tax dollars are then used to repay any tax increment obligations incurred in the Urban
Renewal Area.
Review of the proposed projects by City has resulted in a determination that financial
assistance is likely required in order to make the projects financially viable through the use
of Tax Increment Financing outlined in Chapter 403 of the Code of Iowa for public
improvements and private development.
The City has entered into a Tax Increment Financing (TIF) rebate agreement with the private
developer for projects that meet the objectives of the plan, subject to approval of this Plan.
The agreement includes a rebate of eligible incremental property taxes up to $2,968,264.
The TIF agreement is structured such that the amount of the TIF rebate will not be included
as debt subject to the state mandated debt limitation as it will be approved each year as an
Annual Appropriation.
If the Urban Renewal Area is legally established, and a Tax Increment Financing (TIF) ordinance
is adopted, then the “base value” of the Area will be the assessed value of the taxable property
within the TIF Ordinance area as of January 1 of the calendar year preceding the calendar year
in which the City first certifies the amount of any debt on the Area pursuant to Iowa Code Section
403.19.
VII. PROPERTY ACQUISTION/DISPOSITION
The City may acquire property within the area for purposes and objectives consistent with
this Plan, which may include the use of eminent domain, as allowed under Chapter 403 and
6A. The City will follow any applicable requirements for the acquisition and disposition of
property within the Urban Renewal Area.
VIII. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City Council and will
remain in effect to the extent it is allowed by state law or until it is repealed by the City Council.
State law allows the collection of incremental property taxes generated within the Urban
Renewal Area for up to twenty years. Each project or activity to which incremental property tax
revenues will be devoted will be subject to such restrictions as may be deemed necessary and
appropriate by the City Council.
IX. PLAN AMENDMENTS
This Urban Renewal Plan may be amended in accordance with the procedures set forth
in Chapter 403 of the Code of Iowa in order to carry out any purposes consistent with
state law.
X. CITY DEBT INFORMATION
Chapter 403 of the Code of Iowa requires that any urban renewal plan include certain
information with respect to City general obligation debt, ability to incur additional debt and
the amount of proposed tax increment debt to be incurred.
CURRENT GENERAL OBLIGATION BOND DEBT
General Obligation Bonds
Amount
Originally Final Outstanding as of
2014 Corporate purpose 9,695,000 2026 3,120,000
2015A Corporate purpose 18,445,000 2035 6,580,000
2016A Corporate purpose/refunding 11,650,000 2028 4,735,000
2017A Corporate purpose 10,975,000 2029 4,395,000
2018A Corporate purpose 7,490,000 2030 5,360,000
2019A 10,775,000 2031 8,330,000
2020A 17,865,000 2032 12,415,000
2021A 19,640,000 2033 17,635,000
2022A (to be issued Nov. 8, 2022) 13,400,000 2034 13,400,000
CURRENT CONSTITUTIONAL DEBT LIMIT AND CAPACITY
Total Debt Capacity Available ($/%)
Notes:
*Iowa Statutory Debt Limit is 5% of total actual valuation
**City Policy reserves 25% of available debt capacity
The proposed amount of development incentives will not exceed $2,968,264 of TIF for the
North Dayton Industrial Urban Renewal Area. However, the development incentives are
subject to annual City Council appropriation and are not part of the City’s debt limits.
Exhibit A- Location & Land Use Map
Exhibit B- Legal Description
The Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section Thirty-six (36); the
Northeast Quarter (NE ¼) of the Northeast Quarter (NE¼), of Section Thirty-six (36) except the
North 1 rod and except A part of the NE¼ of the NE¼ of Sec. 36-T84-R24W of the 5th P.M., Story
County, Iowa, described as follows: Beginning at a point on the east line, 16.5 feet south of the
NE Corner of said NE¼ of the NE¼; thence N88°41’W 925.0 feet, parallel and 16.5 feet distant
from the north line of said NE¼ of the NE¼, thence South 275.0 feet, thence S88°41’E 925.0 feet
to the east line of said NE¼ of the NE¼; thence North 275.0 feet to the point of beginning,
ORDINANCE NO. 4487
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
ENACTING A NEW SECTION 29.406(f) THEREOF,
FOR THE PURPOSE OF REDUCING REQUIRED
PARKING FOR NONRESIDENTIAL USES WITHIN
COMMERICAL AND INDUSTRIAL BASE ZONE
DISTRICTS, REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH
CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the
same is hereby amended by enacting a new Section 29.406(f) as follows:
“Sec. 29.406. OFF-STREET PARKING.
…
(2)Required Parking Spaces. Off-street parking spaces must be provided in
accordance with the minimum requirements set forth in Table 29.406(2) below, for any
new building constructed and for any new use established.
…
(f) On any Commercial or Industrial Base Zone District site that has
required parking of 100 vehicle parking spaces, the Planning and Housing Director, at the
request of a developer, may authorize a reduction of up to 20% of the required parking
spaces as part of the Site Development Plan review process for Office, Trade and
Wholesale, and Industrial use categories within Table 29.406(2), provided that such
reduction does not reduce the number of parking spaces below one hundred (100) spaces.
This allowance to reduce parking is subject to the following limitations:
(i) Special Purpose Districts are not included in this allowance.
The full required parking standards must be adhered to.
(ii) Existing sites must have one hundred (100) conforming
parking spaces to request the 20% reduction in required parking.
(iii) Additional parking reductions and adjustments, e.g.,
landscaping, bicycle parking, compact stalls may be approved by the Planning and
Housing Director after accounting for the 20% reduction.”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are
hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
Passed this day of , 2023.
_________________________________ ____________________________________
Renee Hall, City Clerk John A. Haila, Mayor
ITEM #: _______
DATE: 12-13-22
COUNCIL ACTION FORM
REQUEST: ZONING TEXT AMENDMENT TO ALLOW A 20% REDUCTION IN
REQUIRED PARKING FOR CERTAIN COMMERCIAL AND INDUSTRIAL
USES ON SITES WITH MORE THAN 100 PARKING STALLS
BACKGROUND:
On October 11th, the City Council referred a zoning text amendment request to staff from
Strand Associates on behalf of a regional furniture store operator requesting a change in
the required parking for Wholesale Trade and Display stores which include furniture
stores. The request was to change from the current 1 space per 500 square feet to a 1
space per 750 square feet.
At that meeting, the City Council directed staff to move forward with a broader
parking reduction option for a comprehensive 20% reduction allowance for
required parking for commercial and industrial sites exceeding 100 spaces.
(Attachment A-Draft Standards) This option allows for, at the request of a developer,
any new site or addition to an existing site that has 100 or more parking space to
qualify to have 20% of the required parking waived, provided that the waiver does
not reduce the number of stalls below 100 spaces. This option also is the numeric
equivalent to the original request from Strand Associates to reduce parking on Wholesale
Trade and Display Store sites.
Typically, sites with large parking lots include very large retail outlets, large industrial
employers, or large commercial office employers. Examples of parking provided at
existing business in the City are listed below and whether or not they would qualify for the
reduction option if proposed under the new standard.
Fareway- Grocery Store- 24,247 sq ft @ 1/300=81 spaces- No Reduction
Super Walmart North- 156,833 sq ft @ 1/300=523 spaces- Reduction Option Allowed
Workiva- Office- 118,503 sq ft. @ 1/300=395 spaces- Reduction Option Allowed
Amcor Warehouse- 575,276 sq ft. @ 1/5000=115 spaces-Reduction Option Allowed
Uses allowed to take advantage of the reduction will be limited to the categories of
Office, Trade and Wholesale, and Industrial within Table 29.406(2). (See Attachment
B) The proposed text amendment would not apply to residential sites as parking
rates for residential sites are based on occupancy and seen as more critical to
parking on site for those that live there. The proposed text amendment would not
48
reduce any of the parking ratio requirements currently in place i n the parking standards
located in Section 29.406(2).
The proposed text amendment would not apply to Special Purpose District,
therefore uses in these zones will not be able to utilize the 20% reduction
allowance. Special Purpose District have unique sta ndards specifically designed
for those districts and staff does not believe a blanket reduction is appropriate.
Any development within those areas will need to abide by the full parking standards
that apply to each specific use. Examples of Special Purpose Districts include:
Hospital/Medical, Downtown Gateway Commercial, South Lincoln Mixed Use, and
Government/Airport.
OTHER REDUCTIONS:
The City allows for other parking reductions related to, cross access, bicycle parking and
landscaping. The current allowance to reduce required parking by 10% in exchange for
additional landscaping will stay in place and be a separate standard applied in addition to
the new proposal for a 20% reduction allowance. The bicycle parking allowance allows
for up to 5 parking stalls to be removed for bike parking. Three parking stalls may be
removed in order to facilitate cross access between properties. These reductions will be
applied after 20% reduction in required parking. This means that a site with 100 required
parking spaces could be reduced to 82 parking spaces using the other three reductions.
ADDITIONS & ALTERATIONS TO PRE-EXISTING SITES:
Additions made to current sites will have the standard for the allowance applied based on
the final number of parking stalls required after the addition is calculated for the use. This
means an addition to an existing site must add enough parking to the total existing parking
that it will surpass a minimum of 100 stalls total before the waiver can be allowed.
JOINT-USE & REMOTE PARKING AGREEMENTS:
Any previously approved Joint-use Parking or Remote Parking Agreements will not be
affected by this change. City Council must individually approve such agreements or
amendment to the agreement. Any application of the 20% reduction in required parking
in future agreements must be enumerated in the agreement and approved by City
Council.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At the November 16th Planning & Zoning Commission meeting the Commission reviewed
the text amendment and voted 4-1 to recommend the City Council approve the proposed
text amendment to allow a 20% reduction in required parking for commercial and
industrial uses in base zones when exceeding 100 parking stalls.
One dissenting viewpoint expressed concerns over having adequate parking during peak
parking periods. Staff addressed the issue stating that in large parking lot scenarios the
vast majority of businesses do not utilize them to their maximum capacity.
ALTERNATIVES:
1. The City Council can approve on first reading an allowance to reduce required
parking by up to 20% for certain office, trade, wholesale, and industrial uses within
commercial and industrial base zone districts (excludes Special Purpose Districts)
that require more than 100 parking spaces provided such allowance does not
reduce the number of parking spaces below 100.
2. The City Council can modified language as alternative to reducing parking
requirements in commercial and industrial base zones.
3. City Council can take no action to modify parking standards.
CITY MANAGER’S RECOMMEDNED ACTION:
The ability to waive required parking when requested by developers is seen as beneficial
to assist in reducing the amount of impervious coverage in the City, which assists in
discouraging excess stormwater runoff. In some cases, depending on the developmen t
proposal, it could potentially help in promoting smaller sites to assist in reducing overall
development footprint of the City as growth occurs, which is one of the goals of the Ames
Plan 2040 Comprehensive Plan. In addition, the proposed change could allow somewhat
larger building footprints on lots to use land area more efficiently for building purposes. A
larger building footprint could help reduce excess lot size that would otherwise be needed
to accommodate the same building size with more parking. Increasingly developers have
indicated that they find that meeting parking standards in some cases is inefficient where
high levels of parking are not warranted for the typical use of the property.
Staff finds that the comprehensive allowance of a 20% redu ction in required parking for
parking lots over 100 spaces in base commercial and industrial zones is reasonable to
ensure typical minimum parking needs are met while providing for flexibility to larger uses.
Residential sites will not be included in the allowance as the residential parking standards
are designed using occupancy as the basis for residential parking requirements. The
waiver would also help to reduce impervious surfaces and promote smaller sites within
the City. Staff’s observations and discussions with developers over the past couple of
years support creating this allowance. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative #1.
Attachment A-Proposed Text Amendment
Attachment B- Table 29.406(2)