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Home My WebLink About~Master - March 14, 2023, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL MARCH 14, 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 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. CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1. Motion approving payment of claims 2. Motion approving Minutes of Regular Meeting on February 28, 2023 3. Motion approving Change Orders for period February 16-28, 2023 4. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses a. Class E Liquor License – Kwik Spirits #530, 204 S. Duff Ave b. Class E Liquor License with Class B Wine Permit and Class C Beer Permit – Walmart Store #749, 3105 Grand Ave c. Class E Liquor License with Class B Wine Permit and Class C Beer Permit – Southgate Wine & Spirits, 110 Airport Road d. Class E Liquor License with Class B Wine Permit and Class C Beer Permit – World Liquor & Tobacco + Vapors, 111 Duff Ave 5. Request for Greek Week Olympics, Saturday, April 1, 2023, with April 2, 2023, as rain date a. Motion approving blanket Temporary Obstruction Permit for the closed area b. Resolution approving closure of Ash Avenue, Lynn Avenue, Sunset Drive, Gray Avenue, Greeley Street, and Pearson Avenue from 7:30 a.m. to 4:00 p.m. on April 1, 2023 6. Requests from Ames Main Street for Music Walk on Thursday, April 27, 2023: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District from 3:00 p.m. to 9:00 p.m. b. Resolution approving closure of 10 metered parking spaces for vendors from 3:00 p.m. to 9:00 p.m. c. Resolution approving waiver of parking meter fees and enforcement and usage and waiver of electrical fees, and waiver of fee for blanket Vending License for Ames Main Street from 3:00 p.m. to 9:00 p.m. 2 7. Requests from Ames Main Street for Art Walk on Thursday, June 1, 2023: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District b. Resolution approving closure of 10 metered parking spaces for vendors from 1:00 p.m. to 9:00 p.m. c. Resolution approving waiver of parking meter fees and enforcement, usage and waiver of electrical fees, and waiver of fee for blanket Vending license for Ames Main Street from 5:00 p.m. to 8:00 p.m. d. Resolution approving closure of Douglas Avenue, from Main Street to Fifth Street from 1:00 p.m. to 8:00 p.m. e. Resolution approving usage of Tom Evans Plaza 8. Requests from Ames Main Street for Summer Sidewalk Sales on July 27 - July 30, 2023: a. Motion approving Blanket Temporary Obstruction Permit and Blanket Vending License b. Resolution approving suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, July 29 c. Resolution approving waiver of fee for Blanket Vending License d. Resolution approving request from Ames Main Street for Saturday, July 29 to transfer $1,370.25 from the Local Option Sales Tax Fund to the Parking Fund 9. Requests from Ames Main Street for Witches Walk on Thursday, October 5, 2023: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License in Central Business District from 6:00 p.m. to 8:00 p.m. b. Resolution approving waiver of electrical fees on Ames Main Street from 3:00 p.m. to 9:00 p.m. 10. Requests from Ames Main Street for Shop for a Cause on November 11, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. Resolution approving suspension of parking regulations and enforcement for Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 11 c. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in the amount of $1,370.25 11. Requests from Ames Main Street Small Business Saturday on November 25, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. Resolution approving suspension of parking regulations and enforcement for Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 25, 2023 c. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in the amount of $1,370.25 12. Resolution approving appointments to various Boards and Commissions 13. Resolution approving change in status of the CyRide Maintenance Division Principal Clerk from half-time to three-quarter time, effective March 1, 2023 14. Resolution authorizing Public Art Commission to enter into agreements with artists for 2023/24 Ames Annual Outdoor Sculpture Exhibition selections 15. Resolution approving the accession of sculptures for the Neighborhood Sculpture Program 16. Resolution approving final plans and specifications and awarding contract to The Waldinger Corporation, of Des Moines, Iowa in the amount of $495,000 for Power Plant Maintenance Services Contract 3 17. Resolution awarding contract to Upper Midwest Athletic Construction, Inc., of Andover, Minnesota for the Emma McCarthy Lee Park Tennis and Pickleball Courts Renovation Project in the amount of $76,375 18. Resolution awarding contract to Solomon Transformers, LLC, of Solomon, Kansas, in the amount of $66,019 for Transformer Oil Reconditioning and Repair 19. Resolution awarding contract to install a utility body and accessories on a truck chassis for Electric’s Technical Services Division to Hiway Truck Equipment Co., of Fort Dodge, Iowa, in the amount of $56,700 20. Inis Grove Park and Brookside Park Tennis Court Resurfacing Project a. Resolution reallocating funds in the amount of $12,300 from the Inis Grove Park Tennis Court Fencing Project to be utilized for the Inis Grove Park and Brookside Park Tennis Court Resurfacing Project b. Resolution awarding contact to Tennis Courts Unlimited, Inc., of Nebraska City, Nebraska for the Inis Grove Park and Brookside Park Tennis Court Resurfacing Project in the amount of $72,900 21. Inis Grove Park Restroom Repair Project a. Resolution waiving the purchasing policies and procedures for competitive bidding requirements and award single source procurement b. Resolution awarding a contract to HPC, L.L.C., of Ames, Iowa for the Inis Grove Park Restroom Repair Project in the not to exceed amount of $145,000 22. Legal Services for the Power Plant a. Resolution waiving the purchasing policies and procedures for competitive bidding requirements and award single source procurement b. Resolution awarding a contract to Ritts Law Group, PLLC, Alexandria, VA in the amount of $90,000, for Legals Services for the Power Plant 23. Resolution approving Change Order No. 2 to hth companies inc, of Union, MO, in the amount of $30,000 for the Power Plant Scaffolding and Related Services and Supply Contract 24. Resolution approving Contract and Bond for Combustion Turbine Fuel Oil Pipe Installation 25. Resolution approving Contract and Bond for Unit 8 Electrostatic Precipitator Insulation and Lagging 26. Water Treatment Plant Test Drilling for PFAS a. Resolution approving Change Order No. 1, the balancing change order, reducing the contract in the amount of $4,697 b. Resolution accepting the work by Cascade Drilling of Flint, Michigan, as complete, with final contract amount of $80,878 27. Resolution accepting Power Plant Unit 8 Cooling Tower Variable Frequency Drives Installation Project as complete by Baker Group of Ankeny, Iowa 28. Resolution approving completion of 4 Year Stormwater Management Maintenance for Mortensen Heights Phase 2 releasing the financial security in full 29. Resolution approving completion of 4 Year Stormwater Management Maintenance for The Preserve Ames LLC, aka The Core, releasing the financial security in full 4 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. ADMINISTRATION: 30. Requests from Ames Chamber of Commerce for Ames Main Street Farmers’ Market on Saturdays from May 6 to October 14, 2023: a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License for Central Business District from 5:30 a.m. to 1:30 p.m. b. Resolution approving closure of 300 and 400 blocks of Main Street, Burnett Avenue from Main Street to the U.S. Bank drive-through, and Tom Evans Plaza from 5:30 a.m. to 1:30 p.m. c. Resolution approving suspension of parking enforcement in CBD Lots X and Y from 6:30 a.m. to 1:00 p.m. d. Resolution approving usage and waiver of electrical fees and waiver of fee for blanket Vending License for event from 5:30 a.m. to 1:30 p.m. e. Resolution approving/motion denying request to waive parking meter fees 31. Discussion on persons living in their vehicles on City streets PLANNING AND HOUSING: 32. Staff Report on Request to Initiate Comprehensive Plan Amendment for the Corners of Cameron School Road and George Washington Carver 33. Resolution setting March 28, 2023, as date of public hearing to approve Option Agreement for the sale of Lot 27, in the Baker Subdivision (321 State Avenue), to Townhomes at Creekside, LLLP, an Iowa Limited Liability Partnership, (affiliated with Hatch Development Group) in conjunction with a Low-Income Housing Tax Credit (LIHTC) application for Multi-Family Housing Development 34. Resolution awarding contract to GTG Construction, LLC, of Johnston, Iowa for Remodeling of ACPC Infant Room Remodel in the amount not to exceed $94,600 HEARINGS: 35. Hearing on Baker Subdivision a. Resolution approving purchase agreement for the sale of City-Owned Lot 8 in the Baker Subdivision to Habitat for Humanity of Central Iowa 36. Hearing on Zoning Text Amendment to Eliminate Rooftop Solar Panel Zoning Requirements a. First passage of ordinance 37. Hearing on 2021/22 Accessibility Enhancement Program a. Motion accepting Report of Bids b. Resolution approving final plans and specifications and awarding contract to Caliber Concrete, LLC, of Adair, Iowa in the amount of $179,758.01 38. Hearing on 2022/23 Asphalt Pavement Improvements (Oakwood Road) 5 a. Motion accepting Report of Bids b. Resolution approving final plans and specifications and awarding contract to Con-Struct, Inc., of Ames, Iowa in the amount of $2,034,969.90 39. Hearing on 2022/23 Concrete Pavement Improvements (Brookridge Ave., Ridgewood Ave., Lee St., 9th St., Park Way & Alley) a. Motion accepting Report of Bids and directing staff to delay award 40. Hearing on Airport Underground Electric Line Crossing a. Motion accepting Report of Bids b. Resolution approving final plans and specifications and awarding contract to Voltmer Inc., of Decorah, Iowa in the amount of $217,375 41. Hearing on North River Valley Well Field & Pipeline Project a. Motion accepting Report of Bids and directing staff to delay award ORDINANCES: 42. First reading of ordinance to amend Ames Municipal Code Chapters 23 & 28 for Utility Connections and Fees and Rural Water Buyout Fees 43. Second passage of ordinance relating to Zoning Text Amendment for Front Yard Parking and Driveway Standard 44. Second passage of ordinance relating to Zoning Text Amendment on Lot Standards Related to Minimum Floor Area Ratios (third and adoption requested) 45. Second passage of ordinance to Rezone a portion of the parcel located at 325 Billy Sunday Road from S-GA to HOC 46. Second passage of ordinance revising 28.309 of the Ames Municipal Code to amend the Industrial Pretreatment Local Limits 47. Third passage and adoption of ORDINANCE NO. 4491 relating to RAGBRAI events on July 24-26, 2023 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 FEBRUARY 28, 2023 The regular meeting of the Ames City Council was called to order by Mayor John Haila at 6:01 p.m. on the 28th day of February, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, and Rachel Junck. Council Member Rollins joined the meeting electronically. Mayor Haila introduced Tabitha Etten as the ex officio. RECOGNITION OF FITCH FAMILY INDOOR AQUATIC CENTER DONORS: Mayor Haila and Parks and Recreation Director Keith Abraham expressed appreciation for the amazing show of support in donating over $10.4 million for the Fitch Family Indoor Aquatic Center. Top donors Rich Fitch on behalf of the Fitch Family and Brian Dieter on behalf of Mary Greeley Medical Center expressed firm belief in the importance of the project and gratitude for being able to support it. Mayor Haila recognized the efforts of Dan Culhane of the Ames Chamber of Commerce in securing donations for the project, and Council Member Gartin recognized the efforts of Director Abraham and Assistant City Manager Brian Phillips. CONSENT AGENDA: Mayor Haila noted that the agenda was amended and noted the changes in Item No. 12 and Item No. 15. Staff asked to pull Item No. 6., resolution approving request to carryover unspent funding from the StoryComm Project Fund to the Capital Budget Line Item, and Council Member Junck pulled Item No. 10., resolution rescinding Resolution No. 23-047 and resolution setting March 14, 2023, as date of public hearing for the sale of Lot 8 to Habitat for Humanity of Central Iowa. Moved by Betcher, seconded by Junck, to approve the consent agenda as amended less Item No. 6 and Item No. 10. 1. Motion approving payment of claims 2. Motion approving Minutes of Regular Meeting on February 14, 2023, and Special City Council Meetings on February 3, February 7, February 8 and February 9, 2023 3. Motion approving Change Orders for period February 1-15, 2023 4. Motion approving Civil Service candidates 5. 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 – BN’C Fieldhouse, 206 Welch Ave b. Class C Liquor License with Outdoor Service and Sunday Sales – Coldwater Golf Links, 1400 South Grand Avenue, Pending Dramshop Review c. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) and Sunday Sales – Kum & Go #113, 2801 East 13th Street d. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) and Sunday Sales – Kum & Go #227, 2108 Isaac Newton Drive 2 e. Class F Liquor License with Outdoor Service and Sunday Sales – Elks Lodge, 533 Douglas, Pending Dramshop Review f. Special Class C Liquor License – Homewood Golf Course, 401 East 20th Street g. Special Class C Liquor License – The Spice Thai Cuisine, 402 Main Street h. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales – Casey’s General Store #2905, 3612 Stange Road i. Class E Liquor License with Class B Wine Permit, Class C Beer (Carryout Beer), and Sunday Sales – Sam’s Club #6468, 305 Airport Road 6. Resolution approving request to carryover unspent funding from the StoryComm Project Fund to the Capital Budget Line Item 7. RESOLUTION NO. 23-084 partially rescinding Resolution No. 23-064 to correct date of public hearing to March 28, 2023, for 2023 CyRide HVAC Improvements Project 8. Unify Phone System for the City a. RESOLUTION NO. 23-085 waiving the purchasing policies and procedures for competitive bidding requirements and award single source procurement b. RESOLUTION NO. 23-086 authorizing staff to enter into an agreement to upgrade the City’s phone system to ATOS-SSP Version 10 with Black Box Network Services, Maple Grove, Minnesota, in the amount not to exceed $63,905.60 9. Purchase of MAPSG Virtualization Environment a. RESOLUTION NO. 23-087 waiving the Purchasing Policies and Procedures for competitive bidding requirements and award a single source procurement b. RESOLUTION NO. 23-088 awarding contract to IP Pathways LLC, Urbandale, IA, for the purchase of MAPSG virtualization environment in the amount not to exceed $136,221.10 10. Baker Subdivision a. RESOLUTION NO. 23-089 rescinding Resolution No. 23-047 b. RESOLUTION NO. 23-090 setting March 14, 2023, as date of public hearing for the sale of Lot 8 to Habitat for Humanity of Central Iowa 11. RESOLUTION NO. 23-091 approving preliminary plans and specifications for Power Plant Lobby and Restroom Renovations setting March 29, 2023 as bid due date, and April 11, 2023 as date of public hearing 12. RESOLUTION NO. 23-092 approving final plans and specifications and awarding contract to GE Grid Solutions, Charleroi, PA in the amount of $474,915 to furnish 69kV SF6 Circuit Breakers 13. RESOLUTION NO. 23-093 approving the professional services agreement for 2022/23 CyRide Pavement Improvement (Lincoln Way) 14. RESOLUTION NO. 23-094 approving Change Order No. 1 to TEI Construction Services, of Duncan, South Carolina, in the amount of $95,000 15. RESOLUTION NO. 23-095 approving Change Order No. 1 to hth companies, inc., of Union, Missouri, in the amount of $95,000 16. RESOLUTION NO. 23-096 approving contract and bond for 2022/23 Seal Coat Street Pavement Improvements (Murray Drive – Northwestern Avenue to Grand Avenue) 3 17. RESOLUTION NO. 23-097 approving completion of public improvements for Compass Subdivision and releasing letter of credit in full 18. 2021/22 Asphalt Street Pavement Improvements (Opal Dr., Opal Cir., Harcourt Dr., Turquoise Cir., and Top-O-Hollow Rd.) a. RESOLUTION NO. 23-098 approving Change Order No. 1, the Balancing Change Order, reducing the contract in the amount of $129,856.34 b. RESOLUTION NO. 23-099 accepting project completion by Manatt’s, Inc. of Ames, Iowa in the amount of $2,003,523.68 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. BAKER SUBDIVISION: Housing Coordinator Vanessa Baker-Latimer provided background on Item No. 10 for Council Member Junck. She explained that the original resolutions called for sale of all eight lots, but Habitat for Humanity of Central Iowa (HHCI) was not ready to purchas e all eight because their grant funding for Lots 1-7 had not come through yet. This adjustment allowed HHCI to proceed with purchase of Lot 8 now using their own funds. Moved by Junck, seconded by Corrieri, to approve RESOLUTION NO. 23-089 rescinding Resolution No. 23-047 and RESOLUTION NO. 23-090 setting March 14th, 2023, as date of public hearing for the sale of Lot 8 to Habitat for Humanity of Central Iowa. Roll Call Vote: 6-0. Resolutions declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Susan Cramer of the Ames Interfaith Refugee Alliance (AIRA) discussed the support the group offers to refugees in the Ames area, including current work to support 31 Ukrainian refugees. Council Member Gartin expressed gratitude for the work of the group. Grant Olsen presented data gathered from Google Earth about the number of unused parking spaces in the Somerset area over a number of years. Mayor Haila closed the Public Forum when no one came forward to speak. BAKER SUBDIVISION PARTNER DEVELOPER SELECTION: Housing Coordinator Baker-Latimer presented an overview of the responses to the Request for Proposals (RFP) for a 9% Low-Income Housing Tax Credit (LIHTC) housing project for the Baker Subdivision from Hatch Development Group and the Commonwealth Companies. Housing Coordinator Baker-Latimer explained that an evaluation committee assessed the responsiveness of both proposals to the RFP in relationship to the criteria. The evaluation criteria were based on the capability and track record of the developer, housing variety, percentage of affordable housing, feasibility (proforma, etc.), cost and viability, property management 4 experience, project design, use of geothermal, project timeline, and potential Iowa Finance Authority (IFA) score. The committee scored each proposal, with The Commonwealth Companies earning 625 out of 850 points and Hatch Development Group earning 740 out of 850 points. After providing a summary of the pros and cons of each proposal, Housing Coordinator Baker -Latimer reported the evaluation committee’s conclusion that the Hatch Development Group proposal met more criteria of the RFP than the proposal from The Commonwealth Companies. In response to questions from Council Member Gartin, Housing Coordinator Baker-Latimer clarified that the project includes a mixture of market-rate and affordable housing options to avoid stigma. Council Member Gartin further inquired about the impact on the affordable housing shortage each proposal would have, expressing a preference for a greater number of u nits than either proposal offered. Housing Coordinator Baker-Latimer emphasized the strengths of the Hatch Development Group’s proposal, noting that the plan to keep rents reduced to 40% Area Median Income (AMI) would be crucial in keeping the housing affordable over time. She also pointed out that the Hatch Development Group proposal includes all utilities, which makes a big difference for low-income families. She concluded that the proposal from Hatch Development Group does a better job of achieving the goal of serving the lowest-income families in the community than the proposal from The Commonwealth Companies, even though the latter proposal included a larger number of total units. Council Member Betcher inquired about the possibility of adjusting the parking requirements to fit the proposal from the Hatch Development Group, which allotted 1.5 parking spaces per unit rather than the 2 spaces per unit currently required by the City. Planning and Housing Director Kelly Diekmann determined that a text amendment to lower the parking requirement to 1.5 spaces per unit could be processed in time for the IFA deadlines for the project should the City Council initiate the process during the current meeting. Discussion ensued regarding the importance of playground equipment for families, and City Manager Steve Schainker noted that the City Council could direct staff to modify the proposal to include playground equipment. Housing Coordinator Baker-Latimer pointed out that the proposal from the Hatch Development Group already included designated amenity space. Mayor Haila opened the Public Input. Tony Ramey, a resident of the affected neighborhood, spoke in favor the proposal by the Hatch Development Group. Joanne Pfeiffer, a resident of the affected neighborhood, also spoke in favor of the proposal by the Hatch Development Group. Mayor Haila closed the Public Input when no one came forward to speak. 5 Council Member Gartin expressed concern that the proposal by Hatch Development Group did not meet the goal of promoting infill and density, since it had fewer units. He also argued that the proposal by The Commonwealth Companies offered better quality-of-life amenities for families. Council Member Betcher responded by pointing out that the proposal by The Commonwealth Companies included nine one-bedroom units, which fails to meet the project’s goal of providing housing for families. In fact, the Hatch Development Group’s proposal would provider a greater number of units for families. She also emphasized the importance of the longer-term rent reduction component of the proposal from Hatch Development Group. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 23-100 approving selection of Hatch Development Group in connection with LIHTC Proposals for multi-family housing Development in the Baker Subdivision (321 State Avenue). Roll Call Vote: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. Council Member Beatty-Hansen spoke in favor of reducing the parking requirement, observing that not every family would have a car. At the prompting of Mayor Haila, Housing Coordinator Baker-Latimer shared that in her experience with families in need of affordable housing, it was not common for a household to have two cars. Council Member Junck noted that reducing parking would make it possible to retain more open space and include amenities. Moved by Beatty-Hansen, seconded by Betcher, to direct staff to amend the zoning for PUD affordable housing to lower the parking requirement to 1.5 spots per unit. Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Motion declared carried. Director Diekmann noted that this action would necessitate tabling Item No. 34, third reading and adoption of ordinance rezoning Planned Unit Development (PUD) with Master Plan for 3216 Tripp Street – Baker Subdivision, Lot 27 from Residential Low Density (RL) to Residential Medium Density (RM) with PUD Overlay and Master Plan, until April 11th, 2023. Moved by Beatty-Hansen, seconded by Junck, to direct staff to inquire about playground and amenity space in the Hatch proposal. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON LANDSCAPE ACCENTS: Director Diekmann presented the staff report, noting that residential zoning districts typically have a 25-foot front yard setback, side setbacks of six or eight feet for one- and two-stories respectively, and a rear yard setback of 20 feet. However, certain features are allowed to fully project into required setbacks as defined in the Zoning Ordinance, such as stairs, 24-inch-high decks, driveways, fences, accessory buildings, porches, etc. Municipal Code Section 29.402(2)(c) includes a list of these items allowed as full projections. Director Diekmann explained that refinements to the language in Section 29.402 were included as part of Ordinance No. 4425 in 2020. The general intent was to clarify requirements, and the change 6 in the text allowed non-intrusive, incidental landscape accents within a setback. Although some descriptive characteristics were included in the text, the lack of clear expectations to size and quantity of these incidental landscape features became problematic in application of the text for both the height of poles and other features as well as their overall size of features. Director Diekmann referenced recent appeals to the Zoning Board of Adjustment as evidence for needed clarification. He expressed support for retaining flexibility, but requested a clearer standard to avoid confusion. In addition, Director Diekmann observed that no specific building permit is required in advance of construction or placing these types of features, and reported that staff was requesting a permit process for setback encroachments, including fences. Council Member Beatty-Hansen inquired about permanency and opacity of landscape accents. Director Diekmann noted that permanency depends on the method of affixation to the ground, and opacity is not part of the standards. In response to a query from Council Member Junck, Director Diekmann explained that the four-foot limit for front yard fences is intended to preserve line of sight to structures for safety. Discussion ensued about the idea of introducing a fencing permit process, with significant attention given to the difficulty in publicizing the change and communicating the importance of compliance with the process. Director Diekmann clarified that it is not uncommon for cities to have fencing permits. Moved by Beatty-Hansen, seconded by Betcher, to set a maximum of three landscape accents that are no greater in size than 8x8 feet. Vote on Motion. 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Gartin, and Junck. Voting Nay: Rollins. Motion declared carried. Moved by Betcher, seconded by Beatty-Hansen, to require a permit for a fence and/or accent projection within a setback. Vote on Motion: 3-3. Voting Aye: Betcher, Beatty-Hansen, and Rollins. Voting Nay: Corrieri, Gartin, and Junck. Motion declared failed. STAFF REPORT ON SETBACKS FOR VEHICLE CHARGING STATIONS: Director Diekmann explained that the Electric Services Department is working with vehicle charging companies on locating equipment for Level 3 Fast Chargers on existing commercial sites within the City. Current zoning standards regulate placement of equipment in relation to setbacks and landscaped areas. A substantial amount of infrastructure and equipment is needed to power Level 3 Fast Chargers. Commonly, the charging company will need to deploy new infrastructure, including transformers, to be able to power the new chargers. Director Diekmann explained that installation typically deploys a package of equipment for fast charging in groups of four chargers with ancillary equipment. When equipment and chargers are located internal to a site, there are no conflicts with zoning standards. However, requests have been made to place equipment in front yards on existing sites, which is prohibited by the zoning 7 standards. There is no stated exception for projecting into setbacks for front yard mechanical equipment or vehicle chargers. Director Diekmann noted that many existing commercial sites have five to 10 feet of front yard landscaped area before their parking lot paving begins, and the amount of equipment could easily take up all front yard area. Although all of the equipment can be placed within a site subject to the minimum setback of 20 feet, companies may find that more difficult to accomplish with other site planning factors or the increased expenses for the charging company. Moved by Beatty-Hansen, seconded by Betcher, to allow limited encroachment for only vehicle chargers within front yard setbacks. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to allow removal of up to two parking spaces to install equipment for an electric charging station if the charging equipment could not be provided outside of the parking lot. Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Motion declared carried. RESIDENT SATISFACTION SURVEY: Public Relations Officer Susan Gwiasda shared the changes made by the City Council for the 2022 survey before inquiring whether the City Council desired changes for the 2023 Resident Satisfaction Survey. Moved by Betcher, seconded by Junck, to change question E under “Sense of Community” to “What could the City do to demonstrate its commitment to ensuring that all residents feel they belong?” Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Motion declared carried. Moved by Junck, seconded by Gartin, to add a question asking for input on organized waste collection. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck to add a question about interest in CyRide being fare free and tolerance for potential property tax increases to pay for it. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Junck, to direct staff to pare down the questions on page 8 regarding preference for methods of communication. Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting Nay: Gartin. Motion declared carried. Discussion ensued regarding the usefulness of the questions in “Your Health.” In response to an inquiry from Council Member Betcher, City Manager Schainker confirmed that Parks and 8 Recreation is not using the data from these questions. Council Member Gartin argued in favor of retaining the questions to track longitudinal data. Moved by Betcher, seconded by Beatty-Hansen, to cut questions A, D, E, and G in “Your Health.” Vote on Motion: 4-2. Voting Aye: Betcher, Beatty-Hansen, Corrieri, and Rollins. Voting Nay: Gartin and Junck. Motion declared carried. Council Member Rollins questioned the usefulness of questions A and B in “Sense of Community.” Council Member Gartin argued that tracking residents’ sense of community is important even if the data is not being used. Council Member Beatty-Hansen commented that the table in question C captured much of the information from questions A and B. Moved by Rollins, seconded by Betcher, to cut questions A and B in “Sense of Community.” Vote on Motion: 0-6. Motion declared failed. Moved by Betcher, seconded by Beatty-Hansen, to cut question A in “Sense of Community.” Vote on Motion: 3-3. Voting Aye: Betcher, Beatty-Hansen, and Rollins. Voting Nay: Corrieri, Gartin, and Junck. Motion declared failed. The meeting recessed at 8:23 and resumed at 8:31. HEARING ON REZONING FOR A MASTER PLAN AMENDMENT AT 798 N 500th AVENUE (NORTH SUNSET RIDGE): Director Diekmann commented that this amendment was needed for a previously-approved plan to fit with the intent to create a park nearby. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 23-101 approving the Amended Master Plan. Roll Call: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON ZONING TEXT AMENDMENT FOR FRONT YARD PARKING AND DRIVEWAY STANDARD: Director Diekmann explained that staff from the Inspections Division, Public Works Department, and Planning and Housing Department hosted an informational meeting attended by 20 contractors to discuss the proposed changes. The contractors unanimously encouraged staff to remove the requirement for a framing inspection prior to pouring the concrete. The contractors believed the risk of potential repouring to achieve compliance was worth the convenience. Staff adjusted the draft based on this feedback. Director Diekmann noted that should the ordinance move forward, a readable and accessible driveway manual would be provided for the City Council prior to third reading and adoption of the ordinance. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. 9 Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance amending Chapter 29 for front yard parking and driveway paving with an inspection required at the time of Final Inspection. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON ZONING TEXT AMENDMENT ON LOT STANDARDS RELATED TO MINIMUM FLOOR AREA RATIOS: Director Diekmann commented that City Council previously directed staff to proceed with changing lot merger requirements to allow for properties to be combined regardless of the resulting floor area ratio (FAR). However, the allowance for lot mergers would not relieve an owner of the obligation to comply with zoning requirements as a nonconforming building with future changes. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to pass on first reading an ordinance related to minimum floor area ratio for lot mergers and minimum intensity in Sec. 29.303(2)(a) and Sec. 29.401(3) as proposed. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE AMENDING INDUSTRIAL PRETREATMENT LOCAL LIMITS: Water and Pollution Control Director John Dunn explained that the discharge program requires the table in this ordinance to be updated every five years based on actual data gathered in the same time period. Staff did not expect that any proposed changes would push those currently in compliance with the standards to a noncompliant status. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance revising Section 28.309 of the Municipal Code to amend the Industrial Pretreatment Local Limits. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE RELATING TO RAGBRAI EVENTS ON JULY 24-26, 2023: Moved by Beatty-Hansen, seconded by Betcher, to pass on second reading an ordinance relating to RAGBRAI events on July 24th-26th, 2023. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON MINOR AMENDMENT TO AMES PLAN 2040 FOR A PORTION OF THE PARCEL LOCATED AT 325 BILLY SUNDAY ROAD FROM S-GA TO HOC: Director Diekmann explained that the parcel in question was City-owned property which staff believed to be underutilized. The parcel is predominantly undeveloped, except for the Ames Animal Shelter and the western portion of the parcel leased to the federal government as the U.S. Army Reserve Center. A 25-foot paved Access Drive extends through the parcel from Billy Sunday Road to the Hunziker Sports Complex located further to the east of the site. 10 The recent installation of a traffic signal at Billy Sunday Road and Highway 69 created direct access to the site which had not existed previously. The visibility of the parcel, easy access to Highway 30, and existing infrastructure make it a desirable site for future commercial development. The action of the minor amendment to Ames Plan 2040 and the companion item of rezoning the parcel to Highway-Oriented Commercial (HOC) would set up the potential to surplus some of the land for commercial use in the future. Director Diekmann clarified that this action would not commit the City to selling any of the land or inhibit future uses; those decisions would arise at the time of subdividing. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-102 approving the Amendment to the Ames Plan 2040 Future Land Use Map. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON REZONING A PORTION OF THE PARCEL LOCATED AT 325 BILLY SUNDAY ROAD FROM S-GA TO HOC: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to pass on first reading an ordinance rezoning a portion of the parcel located at 325 Billy Sunday Road from S-GA to HOC. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON 2021/22 SHARED USE PATH SYSTEM EXPANSION – IOWAY CREEK: Council Member Gartin noted his excitement for this project, inviting Public Works Director John Joiner to comment. Director Joiner illustrated the route of the path expansion, observing that land acquisition to connect this trail to the Skunk River Trail is programmed into the CIP for FY 23/24. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to accept the Report of Bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 23-103 approving final plans and specifications and awarding contract to Caliber Concrete, LLC of Adair, Iowa, in the amount of $967,665.92, contingent upon receipt of Iowa DOT concurrence. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2022/23 AMES PLAN 2040 WATER UTILITY INFRASTRUCTURE: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. 11 Moved by Gartin, seconded by Corrieri, to accept the Report of Bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-104 approving final plans and specifications and awarding contract base bid and add alternate to Thorpe Contracting, LLC of Adel, Iowa, in the amount of $705,672.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2022/23 PAVEMENT RESTORATION – SLURRY SEAL PROGRAM: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to accept the Report of Bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 23-105 approving final plans and specifications and awarding contract to Fort Dodge Asphalt Company of Fort Dodge, Iowa, in the amount of $210,646.60. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2022/23 SHARED USE PATH MAINTENANCE: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to accept the Report of Bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 23-083 approving final plans and specifications and awarding contract to Mid Iowa Enterprises of Story City, Iowa, in the amount of $109,046.00. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE REZONING PLANNED UNIT DEVELOPMENT (PUD) WITH MASTER PLAN FOR 3216 TRIPP STREET – BAKER SUBDIVISION, LOT 27 FROM RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL MEDIUM DENSITY (RM) WITH PUD OVERLAY AND MASTER PLAN: Director Diekmann explained that the earlier action taken by the City Council to initiate a zoning text amendment for PUD affordable housing parking requirements made it necessary to table the third reading and adoption of this item until April 11th, 2023. The text of this rezoning ordinance referenced the parking ratio in question, so the amendment to the parking ratio should be completed prior to adoption of the rezoning ordinance. City Attorney Lambert concurred in the recommendation to table the rezoning ordinance until April 11th, 2023. 12 Moved by Betcher, seconded by Beatty-Hansen, to table third reading and adoption of ordinance rezoning Planned Unit Development (PUD) with Master Plan for 3216 Tripp Street – Baker Subdivision, Lot 27 from Residential Low Density (RL) to Residential Medium Density (RM) with PUD Overlay and Master Plan until April 11th, 2023. Vote on Motion: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were two items to consider. The first item was an email from Will Determan on the topic of Main Street Parking Waivers for Special Events. City Manager Steve Schainker explained that this item was for information only. The second item was a memo from Director Diekmann addressing a request to initiate a Plan 2040 Amendment. Moved by Corrieri, seconded by Gartin, to direct staff to place on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: Mayor Haila welcomed ex officio Etten, inviting her to share her background and interest in the role. Ex officio Etten stated that she is a sophomore at Iowa State majoring in Human Development and Family Studies. She served as a student representative to the school board in high school, and looks forward to serving in this role. Council Members Beatty-Hansen and Betcher echoed the welcome to ex officio Etten. Council Member Gartin noted that Council Members had received a number of emails on the topic of residents living in vehicles. He shared that the topic will be on the City Council agenda for March 14th, 2023, and expressed appreciation for City staff working on the issue with kindness and compassion. ADJOURNMENT: Moved by Gartin, seconded by Corrieri, to adjourn the meeting at 9:00 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Jeramy Neefus, Recording Secretary John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 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) Electric Services Cable, Alum 1/0, 220 Mil, Jacketed, 15KV 2 $102,992.23 WESCO Distribution, Inc. $740.69 $(-$614.03) D. Kom QE Water & Pollution Control Story County Edge of Field Project 1 $240,389.42 Hands On Excavating LLC $0.00 $-(5,338.00) J. Dunn KS Public Works 2019/20 Concrete Pavement Improvements Program 3 $1,571,889.43 Manatts, Inc. $17,550.00 $8,030.00 B. Phillips KS Water & Pollution Control Story County Edge of Field Project 2 $240,389,42 Hands On Excavating LLC $-(5,338.00) $505.70 J. Dunn KS $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: February 2023 For City Council Date: February 28, 2023 Item No. 3 515.239.5133 non-emergency 515.239.5130 Administration 515.239.5429 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Police Department MEMO Smart Choice To: Mayor John Haila and Ames City Council Members From: Lieutenant Mike Arkovich, Ames Police Department Date: March 4, 2023 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for March 14th, 2023, includes beer permits and liquor license renewals for: • Kwik Spirits #530, (204 S. Duff Ave), Class E Liquor License • Wal-Mart Store #749, (3105 Grand Ave) Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) • Southgate Wine & Spirits, (110 Airport Road) Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) • World Liquor & Tobacco + Vapors, (111 Duff Ave) Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) 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. Item No. 4 1 ITEM #: 5 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FOR GREEK WEEK OLYMPICS BACKGROUND: The Greek Week Committee has submitted plans to host the Greek Week Olympics this spring. The Greek Week Olympics will take place at various Greek houses on Saturday, April 1, 2023. Approximately 1,500 people are anticipated to attend. Organizers have requested the following for this event from 7:30 a.m. to 4:00 p.m. on Saturday, April 1, 2023: • Closure of Ash Avenue, Lynn Avenue, Sunset Drive, Gray Avenue, Greeley Street and Pearson Avenue • A blanket Temporary Obstruction Permit for the closed area A rain date of April 2, 2023, has been requested for this event. Event organizers will post “No Parking” signs in the affected area at approximately 5 p.m. the day prior to the event. Several single-family homes are located along the closed streets. The organizers will notify the affected residents about the closures by canvassing the area and distributing a notification letter. Insurance for these events is provided through the University. ALTERNATIVES: 1. Approve the requests as indicated above for Greek Week Olympics. 2. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: The Greek Week activities are annual student-run events at Iowa State that highlight the fraternities and sororities and their contributions to student life. They are highly dependent upon City approval of street closures and parking prohibitions so it may occur in a safe and smooth manner. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 2 3 4 1 ITEM #: 6 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: AMES MAIN STREET REQUESTS FOR MUSIC WALK BACKGROUND: Ames Main Street (AMS) is planning to host its annual Music Walk event on Thursday, April 27, 2023, from 5:00 p.m. to 8:00 p.m. AMS staff has made the following requests of the City Council to help facilitate the Musk Walk festivities on April 27: • Blanket Temporary Obstruction Permit for the Central Business District sidewalks and Blanket Vending License for the Central Business District from 3:00 to 9:00 p.m. • Waiver for fee for Blanket Vending License ($50 loss to City Clerk’s Office) • Use of City-owned electrical outlets and waiver of costs from 3:00 to 9:00 p.m. (approximately $5 loss to Electric Fund) Ames Main Street is also requesting a closure of 10 metered parking spaces in the Downtown area from 3:00 p.m. to 9:00 p.m. to provide space for vendors, and to waive parking meter fees and enforcement (Loss of $12.50 to Parking Fund). The Council’s policy is to not waive metered parking fees for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council, however, may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). ALTERNATIVES: 1. Approve the Music Walk requests as submitted by AMS. 2. Approve the Music Walk requests as submitted by AMS, but require reimbursement for the parking meter fees, Vending License, and electricity use. 3. Do not approve the requests. CITY MANAGER’S RECOMMENDED ACTION: This event provides residents with another opportunity to enjoy family-oriented outdoor activities. Because of the City Council’s goal of strengthening Downtown, this type of special event should be facilitated. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 2 3 4 1 ITEM #: 7 DATE: 03-14-23 DEPT: Admin. COUNCIL ACTION FORM SUBJECT: AMES MAIN STREET REQUESTS FOR ART WALK BACKGROUND: Ames Main Street (AMS) is planning to host its annual Art Walk on Thursday, June 1 from 5:00 p.m. to 8:00 p.m. Art Walk showcases downtown businesses and community artists. In order to facilitate this event, AMS has requested approval for the following: • Blanket Temporary Obstruction Permit for the Central Business District from 1:00 p.m. to 9:00 p.m. • Blanket Vending License for the Central Business District from 5:00 p.m. to 8:00 p.m. and waiver of fee ($50 loss to City Clerk’s Office) • Use of electricity in Tom Evans Plaza and use of the Plaza for live music and waiver of fees for electricity. • Street Closure of Douglas from Main Street to 5th Street. Ames Main Street is also requesting a closure of 10 metered parking spaces in the Downtown from 1:00 p.m. to 9:00 p.m. to provide space for vendors, and to waive parking meter fees and enforcement (Loss of $12.50 to Parking Fund ). In February 2020, the City Council adopted a new policy regarding metered parking waivers: Metered parking fees will not be waived for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). ALTERNATIVES: 1. Approve the requests for Art Walk, including the requested waiver of fees. 2. Approve the requests for Art Walk but require reimbursement for lost parking revenue and for the blanket Vending License. 3. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: Art Walk is a popular annual event that adds vitality to the Downtown. The event 2 organizers have experience in hosting this and many other similar events throughout the year. Therefore, it is the recommendation of the City Manager that the City Counc il adopt Alternative No. 1, as noted above. 3 4 5 1 ITEM #: 8 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SUMMER SIDEWALK SALES BACKGROUND: Ames Main Street is again hosting its annual Summer Sidewalk Sales from July 27 through July 30, 2023. At this event, downtown businesses display merchandise on the sidewalks for pedestrians to browse. To facilitate this event, organizers are requesting suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, July 29 ($1,370.25 estimated loss to the Parking Fund). A waiver of fee for a blanket Vendor Permit ($50 loss to the City Clerk’s Office) and a blanket Temporary Obstruction Permit have also been requested for Saturday, July 29. In February 2020, the City Council adopted a new policy regarding metered parking waivers: Metered parking fees will not be waived for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). For FY 2023/24, the City Council allocated $5,489 in the Local Option Sales Tax Fund to reimburse the Parking Fund for Downtown special events where free parking or parking closures are to take place. Therefore, for this event, the City Council is requested to authorize a transfer of $1,370.25 from the Local Option Sales Tax Fund to the Parking Fund. This approval would be contingent upon the adoption and certification of the funds in the proposed FY 2023/24 budget. 2 ALTERNATIVES: 1. Approve the requests for Sidewalk Sales as requests by Ames Main Street, including the waiver of fees for parking and vending, and transfer $1,370.25 from the Local Options Sales Tax Fund to the Parking Fund, subject to the adoption and certification of funding in the City’s FY 2023/24 budget. 2. Approve the requests for Sidewalk Sales but require reimbursement for vending and lost parking meter revenue. 3. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: Sidewalk Sales are successful events held twice each year in the Downtown. These events attract people to the Downtown and promotes shopping locally. These requests further the City Council’s goal to strengthen Downtown. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , as noted above. 3 4 5 1 ITEM #: 9 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FROM AMES MAIN STREET FOR WITCHES WALK BACKGROUND: Ames Main Street is hosting its annual Witches Walk on October 5, 2023. At this event, downtown businesses are encouraged to hold shopping promotions and samples in their store or customers to come shop. Businesses will also be encouraged to stay open from 6:00-8:00 p.m. To facilitate this event, organizers are requesting: • A blanket Temporary Obstruction Permit • Use of electricity in Tom Evans Plaza. Use of City-owned electrical outlets and waiver of costs from 3:00 to 9:00 p.m. (approximately $5 loss to Electric Fund) ALTERNATIVES: 1. Approve the requests for Witches Walk as requested by Ames Main Street, including the waiver of fees for electricity and request for a Blanket Temporary Obstruction Permit. 2. Approve the requests for Witches Walk but require reimbursement for the use of electricity. 3. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: Witches Walk is an event held to attract residents to Downtown and promote shopping locally. These requests further the City Council’s goal to strengthen Downtown. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 2 3 4 1 ITEM #: 10 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SHOP FOR A CAUSE BACKGROUND: Ames Main Street (AMS) has submitted requests to facilitate Ames Main Street Shop for a Cause, to be held on November 11, 2023. At this event, downtown businesses can promote a non-profit of their choice through sales and other partnership efforts. To facilitate this event, organizers are requesting suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 11. A blanket Temporary Obstruction Permit has also been requested. Because this event takes place on a City holiday (Veterans’ Day), parking meter fees will not be enforced and no reimbursement for lost meter revenue is required. However, the maximum time limit for parking at a metered space may still be enforced at times when the meters do not require payment, such as holidays or non-metered hours. Therefore, City Council action is still necessary to suspend parking regulations and enforcement to allow for exemptions from maximum time limits, even if no payment will be required for meters. ALTERNATIVES: 1. Approve the requests for Shop for a Cause as requested by Ames Main Street. 2. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: Ames Main Street Shop for a Cause aims to attract people to the Downtown, promote shopping locally, and support non-profit organizations through partnering businesses. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 2 3 4 1 ITEM #: 11 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SMALL BUSINESS SATURDAY BACKGROUND: Ames Main Street (AMS) has submitted requests for Small Business Saturday on November 25, 2023. To facilitate this event, organizers are requesting suspension of parking regulations and enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 25 ($1,370.25 estimated loss to the Parking Fund). A Blanket Temporary Obstruction Permit has also been requested. In February 2020, the City Council adopted a new policy regarding metered parking waivers: Metered parking fees will not be waived for special events. Any event organizers intending to provide free parking or to close metered parking spaces must reimburse the City’s Parking Fund for the lost revenue. The City Council may consider waivers to this policy on a case-by-case basis for parking spaces that are obstructed by the event area (not for area-wide free parking). For FY 2023/24, the City Council allocated $5,489 in the Local Option Sales Tax Fund to reimburse the Parking Fund for Downtown special events where free parking or parking closures are to take place. Therefore, for this event, the City Council is requested to authorize a transfer of $1,370.25 from the Local Option Sales Tax Fund to the Parking Fund. This approval would be contingent upon the adoption and certification of the funds in the proposed FY 2023/24 budget. ALTERNATIVES: 1. Approve the requests for Small Business Saturday as requested by Ames Main Street, including the waiver of fees and transfer of funds from the Local Option Sales Tax Fund to the Parking Fund, subject to the adoption and certification of funding in the City’s FY 2023/24 budget. 2. Approve the requests for Small Business Saturday but require reimbursement for lost parking revenues. 3. Deny the requests. 4. 2 CITY MANAGER’S RECOMMENDED ACTION: Small Business Saturday is an annual event for the Downtown. This event aims to attract people to the Downtown and promotes shopping locally to kick off the holiday shopping season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 3 4 5 Caring People  Quality Programs  Exceptional Service Item No. _12_ MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: March 14, 2023 SUBJECT: Appointments to City Boards and Commissions Attached is a listing of the City’s various boards and commissions that have upcoming vacancies and the names of individuals I propose to be appointed to fill the openings. I continue to be pleased with the qualifications of the residents who applied for open positions. I continue to look for qualified and interested candidates to fill a few remaining openings. On the accompanying list, those with an asterisk (*) by their names are individuals who are currently serving on that respective board or commission and are eligible to be reappointed. The application review and selection process included both the department heads that work with the respective board or commission and me reviewing each application. We then compared notes. Staff is comfortable with the proposed list of recommended appointees. Should you have any questions on one, or several of the applicants, please let me know. Jeramy Neefus also has all appointee applications on file should you wish to review them. Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org MAYOR’S APPOINTMENTS TO CITY OF AMES BOARDS AND COMMISSIONS 2023 (* Incumbents) Board/Commission Vacancies Name Ames Resident Police Advisory Committee 2 * Emily Rebollozo * Roberto Dubiel Analysis of Social Services Evaluation Team 2 * Ed Gillott Kathy Guillen Building Board of Appeals - Master Electrician - General Contractor 3 * Justin Dodge 2 Still Needed Campus & Community Commission - Business Community Representative 1 1 Still Needed Commission on the Arts 2 * Steven Kawaler Sarah Story Electric Utility Operations Review & Advisory Board 1 Mariele Storm Historic Preservation Commission 4 Scott Huffman Lisa Muccigrosso Robert Ewald 1 Still Needed Human Relations Commission 3 * Chunhui Chen Marty Martinez Angie DeWaard Library Board of Trustees 5 * Brenda Thorbs-Weber * Kate Reynolds Richard Reger Debra Gibson Matt Crain Parks & Recreation Commission 4 * Duane Reeves * Nathan Shimanek Jeffrey White Thyra Cox Planning & Zoning Commission 2 * Michael Clayton Matthew Voss Property Maintenance Appeals Board - Neighborhood Resident Owner-Occupied 3 * Patrice Engelman * Preston Kohlhaas 1 Still Needed Public Art Commission 10 * Kyle Hauswirth * Mohammad Rashid * Candace Zwank Linda Zeller Janie Reutter Karen Kedrowski Emily Simmons Michael Pippin 2 Still Needed Transit Board of Trustees 1 Debra Lee Zoning Board of Adjustment 1 Caleb Whitehouse 1 ITEM #: 13 DATE: 03-14-23 DEPT: Transit COUNCIL ACTION FORM SUBJECT: CYRIDE PRINCIPAL CLERK STATUS CHANGE BACKGROUND: At its December 2022 meeting, the Transit Board approved changing the status of the maintenance division Principal Clerk position from half-time to three-quarter time, effective July 1, 2023, as part of the FY 2023/24 CyRide budget. The primary function of this position is to perform clerical tasks relating to entering work order information, submitting warranty claims, gathering vehicle disposal information, providing initial contact with in-person vendors, and ordering facility supplies. During an average year, CyRide typically receives three to four new buses. This year, in a short time frame CyRide received nine new buses and has two battery electric buses expected before the end of March 2023. The maintenance division will also need to dispose of eleven buses replaced by these new vehicles. This rapid change in the fleet has significantly increased the workload for the principal clerk. Additionally, with the nationally strained supply chain, CyRide has experienced a higher-than-normal rate of warranty claims on the nine buses received so far. Because the warranty claims are not specific to a single manufacturer, more time is required to prepare these work orders. Because of these immediate needs, staff is requesting to move the Principal Clerk position to three-quarter time immediately rather than waiting until July. This would support the additional workload, ensure warranty claims, and work orders are filed promptly. The estimated cost of this change will be approximately $5,700 for the remainder of FY 2022/23, and will be paid from the available balance in the Transit Operations Fund.The change was approved by the Transit Board at their meeting on February 23, 2023. ALTERNATIVES: 1. Approve changing the maintenance division Principal Clerk position to three - quarter time status, effective March 1, 2023. 2. Do not approve changing the maintenance division Principal Clerk position to three-quarter time status for FY 2022/23. 2 CITY MANAGER’S RECOMMENDED ACTION: Moving the maintenance division Principal Clerk to three-quarter time, effective March 1, 2023, would help address an unexpected surge in the position’s workload. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , as described above. 1 ITEM #: 14 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: 2023/24 AMES ANNUAL OUTDOOR SCULPTURE EXHIBITION BACKGROUND: The Ames Annual Outdoor Sculpture Exhibition (AAOSE), the longest running program for the Public Arts Commission (PAC), will celebrate its 27th annual downtown exhibition in 2023. Through this program, artists submit sculptural entries to be displayed in Downtown Ames from May 2023 through April 2024. At the conclusion of the display, sculptures are available for purchase by private individuals or by PAC through the Neighborhood Sculpture Program. This year, 33 AAOSE entries were received from 16 artists. The entries were evaluated by a jury of Ames residents who then made their recommendations to PAC. The jurors selected eight sculptures to be displayed. They also identified four alternates in case selected sculpture(s) would become unavailable. PAC approved the recommendations and alternates at the regular meeting on March 7, 2023. Attached are photographs and descriptions of the sculptures recommended for the 202 3- 24 AAOSE. Installation of the exhibit will take place in April after consultation with businesses near the proposed sites and further risk analysis by City staff. Artists will be paid a $2,000 honorarium for each selected sculpture, and a Best-in-Show award of $1,000 will be made to a winner determined by the public, for a total expenditure of $17,000. Funding for the AAOSE exhibition was included in the 2022-23 City Budget for the Public Art Commission. ALTERNATIVES: 1. a. Approve agreements with the artists as recommended by PAC for the exhibition. b. Authorize entering into agreements, if necessary, for any or all of the recommended alternative sculpture selections. c. Authorize the payment of honoraria to each artist exhibiting a sculpture in the amount of $2,000 per sculpture displayed. 2. Do not approve the agreements. 2 CITY MANAGER’S RECOMMENDED ACTION: This annual program allows for works of art to be displayed throughout the Downtown. This program aligns with the City Council’s value of a fun, vibrant community that attracts and retains people. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 a-c as described above. 2023-2024 AAOSE SELECTIONS Ames Public Art Commission Will Vannerson, “Ecstatic Crepitacean”2 Cost:$10,000 Year: 2017Weight: 275 lbsDimensions: 105"x55"x55" 1 2 Ryan Pedersen, “Fluid Connections”3 Dimensions: 96"x48"x24" Weight: Unspecified Cost: $18,500 Year: 2021 Nathan Pierce, “Lil Blue”4 Dimensions: 5'x4'x4' Weight: 100 lbs Cost: $7,000 Year: 2016 3 4 Craig Snyder, “Cube Farmer”5 Weight: 350 lbs Cost: $8,200 Year: 2020Dimensions: 8'x5'x3' Gail Chavenelle, “Generations”6 Dimensions: 8'x36"x36" Weight: 300 lbs Cost: $8,000 Year: 2019 5 6 Hilde DeBruyne, “Shifting Gear”7 Dimensions: 9'x9'x3' Weight: 600 lbs Cost: $22,000 Year: 2019 Nathan Pierce, “Everything”8 Dimensions: 10'x3'x3' Weight: 200 lbs Cost: $12,000 Year: 2015 7 8 Albert Rhea, “Female Kneeling Figure with Messenger”9 Dimensions: 57"x28"x34" Weight: 125 lbs Cost: $7,000 Year: 2022 2023-2024 AAOSE ALTERNATES Ames Public Art Commission 9 10 Ryan Pedersen, “Transformation”* *Only if “Fluid Connections” by Ryan Pedersen is unavailable 11 Dimensions: 72"x36"x32" Weight: Unspecified Cost: $12,500 Year: 2022 Will Vannerson, “Subterranean Figure”* *Only if “Ecstatic Crepitacean” by Will Vannerson is unavailable 12 Dimensions: 80"x45"x30" Weight: 150 lbs Cost: $12,000 Year: 2020 11 12 Sung-Hee Min, “Triangle Play 2020”13 Dimensions: 96"x45"x45" Weight: 110 lbs Cost: $10,000 Year: 2020 Matt Moyer, “Caution Pump”14 Dimensions: 4'x3'x14' Weight: 285 lbs Cost: $5,800 Year: 2022 13 14 ITEM #: 15 DATE: 03-14-23 DEPT: Admin. COUNCIL ACTION FORM SUBJECT: 2023 NEIGHBORHOOD SCULPTURE PROGRAM ACCESSION BACKGROUND: The Public Art Commission (PAC) hosts an Ames Annual Outdoor Sculpture Exhibition (AAOSE). Each year, sculptures exhibited through AAOSE are available for purchase by private individuals. Additionally, PAC typically acquires several sculptures each year into the City’s permanent art collection through the Neighborhood Sculpture Program. The Neighborhood Sculpture Program involves accepting applications from residents to have an AAOSE sculpture placed in on City property for residents to enjoy. On March 7, 2023, PAC approved a recommendation that the City Council pursue accession of two sculptures for the Neighborhood Sculpture Program. The total acquisition cost of the two pieces is $10,500. The FY 2022/23 Adjusted Budget for the PAC Neighborhood Sculpture Program contains a balance of $22,809. The works to be acquired and the proposed locations are detailed in the attached report from PAC. ALTERNATIVES: 1. Approve the accession of two sculptures for the Neighborhood Sculpture Program as recommended by PAC. 2. Do not approve the accession of Neighborhood Sculpture Program artworks. CITY MANAGER’S RECOMMENDED ACTION: This annual program allows for works of art to be purchased for display in neighborhoods throughout the City. This aligns with the City Council’s value of a fun, vibrant community that attracts and retains people. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. APPROVED for accession March 7, 2023 by the Ames Public Art Commission 2 Public Art Commission (PAC) Request for Accession Neighborhood Sculpture Program Item Identification Numbers: [completed by city staff] Name: Symmetry Artist: Tim Adams AAOSE Exhibit Year: 2022-23 Material: Upcycled Steel Acquisition cost: $4,500 Recommendation: The Ames Public Ar Commission recommends the acquisition of “Symmetry” for the permanent City of Ames art collection, to be placed at Sunset Ridge Park. APPROVED for accession March 7, 2023 by the Ames Public Art Commission 3 Public Art Commission (PAC) Request for Accession Neighborhood Sculpture Program Item Identification Numbers: [completed by city staff] Name: Heartbeat of the Heartland II Artist: Zach Bowman AAOSE Exhibit Year: 2022-23 Material: Stainless and mild steel Acquisition cost: $6,000 Recommendation: The Ames Public Ar Commission recommends the acquisition of “Heartbeat of the Heartland II” for the permanent City of Ames art collection, to be placed at Indian Grass Court. 1 ITEM #: 16 DATE 03-14-23 DEPT. Electric COUNCIL ACTION FORM SUBJECT: AWARD POWER PLANT MAINTENANCE SERVICES CONTRACT BACKGROUND: The Electric Utility has two gas-fired, high-pressure steam generation units within the City’s Power Plant, referred to as Units No. 7 and 8. These units require regular professional maintenance and repair. This consists of both emergency and planned repairs and service. Services include a large variety of plant maintenance and repairs, structural steel, pump and piping work, and other miscellaneous mechanical Power Plant work. The repair of the equipment on these generation units requires professional trade crafts such as laborers, millwrights, and steam/pipe fitters. On December 13, 2022, City Council approved preliminary plans and specifications for the Power Plant Maintenance Services Contract. This contract is to provide Power Plant maintenance services for the period following final City Council approval of contract and performance bond from date of award through June 30, 2024. The contract includes a provision that would allow the City to renew the contract for up to four additional one-year terms. Bid documents were issued to seventeen companies and two plan rooms. The bid was advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation and the Iowa League of Cities. On January 25, 2023, bids were received from six companies as shown on the Power Plant Maintenance Service Attachments 1 & 2. Staff evaluated bids based on a typical work scenario. The scenario was based on 10-hour days starting on a Tuesday and going through Saturday which includes one foreman, two pipefitters, and one laborer; travel and per diem were included where appropriate. Based on this evaluation, The Waldinger Corporation, Des Moines, Iowa has submitted the lowest bid. The City Council should note that the City was recently engaged in litigation with The Waldinger Corporation and one of its subcontractors regarding a contract for the installation of a boiler and modification to controls for methane generator units at the Water Pollution Control Facility. Waldinger filed suit against the City and a subcontractor that Waldinger had retained to complete that project. This litigation concluded with a settlement in summer 2022. 2 Although the project at the Water Pollution Control Facility encountered substantial difficulties, staff is recommending that the City Council proceed with the award of the Power Plant Maintenance Services contract to The Waldinger Corporation. This recommendation is based on several factors: 1. This contract will be directly between The Waldinger Corporation and the City; there will not be a third-party subcontractor involved, which simplifies the relationship 2. Staff has conducted reference checks for The Waldinger Corporation (including with the ISU Power Plant staff, which uses the firm for similar work), and the reference checks were positive 3. Representatives from The Waldinger Corporation have indicated that management of the firm was aware of the previous litigation during the time the bid was submitted and did not have concerns about moving forward with a bid submittal to the City The bid from The Waldinger Corporation is the apparent low bid based on evaluation criteria established at the time the bids were solicited. City policy indicates that the award should be made to the lowest responsive, responsible bidder. Based on the information presented above, staff believes The Waldinger Corporation meets these criteria and should be awarded the contract for Power Plant Maintenance Services. This contract is to cover the remainder of FY 2022 /23 and next FY 2023/24. These budgets include a total of $495,000; $300,000 in FY 2022/23 and $195,000 in FY 2023/24. ALTERNATIVES: 1. Award a contract to The Waldinger Corporation, Des Moines, IA for Power Plant Maintenance Services in the amount of $495,000. 2. Award a contract to another bidder. 3. Reject all bids and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to ensure that a qualified professional firm will respond to both scheduled and emergency needs for Power Plant maintenance and will also control costs by having established billing rates. Funds will be expended only as work is requi red and in accordance with approved invoices. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. This contract total equals the amount of funds that have been budgeted over a two year period. 3 Labor Subsistence Travel Mileage TOTALS MD Magary 22,261.12$ 2,800.00$ 4,712.40$ 2,861.60$ 32,635.12$ TEIC 13,062.70$ 2,700.00$ 4,683.84$ 5,329.08$ 25,775.62$ Capital City 20,660.00$ 1,700.00$ 760.00$ 68.00$ 23,188.00$ Waldinger 21,380.24$ -$ -$ 53.76$ 21,434.00$ Modern 21,670.38$ 2,125.00$ 700.00$ 8,741.20$ 33,236.58$ STCotter 24,780.86$ 3,460.00$ 6,400.00$ 1,468.32$ 36,109.18$ Summary of maintenance services scenario LABOR: Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Journeyman $77.48 $98.28 $121.62 $45.60 $64.48 N/A $90.00 $120.00 $165.00 $91.88 $121.40 $151.23 $92.46 $120.21 $146.97 N/A N/A N/A Foreman $78.98 $101.40 $124.35 N/A N/A N/A $90.00 $120.00 $165.00 $108.61 $140.48 $172.69 $108.85 $138.38 $167.04 N/A N/A N/A General Foreman N/A N/A N/A N/A N/A N/A $90.00 $120.00 $165.00 $113.47 $146.83 $180.52 $112.47 $143.83 $174.07 N/A N/A N/A Superintendent N/A N/A N/A N/A N/A N/A $90.00 $120.00 $165.00 $122.35 $158.67 $195.37 $120.10 $154.44 $187.59 N/A N/A N/A Journeyman $80.48 $101.28 $124.62 $45.60 $64.48 N/A $100.00 $130.00 $175.00 $96.87 $126.69 $156.52 $106.33 $120.21 $146.97 N/A N/A N/A Foreman $81.98 $104.28 $127.35 N/A N/A N/A $100.00 $130.00 $175.00 $114.00 $146.19 $178.40 $125.17 $138.38 $167.04 N/A N/A N/A General Foreman N/A N/A N/A N/A N/A N/A $100.00 $130.00 $175.00 $119.09 $152.80 $186.49 $121.67 $143.83 $174.07 N/A N/A N/A Superintendent N/A N/A N/A N/A N/A N/A $100.00 $130.00 $175.00 $128.48 $165.17 $201.88 $138.11 $154.44 $187.59 N/A N/A N/A Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Journeyman $100.88 $138.34 $175.81 $59.19 $84.86 N/A $95.00 $125.00 $170.00 $91.13 $120.05 $151.09 $96.14 $123.97 $150.80 $103.57 $155.36 $207.14 Foreman $103.25 $141.65 $180.03 $62.21 $89.39 N/A $95.00 $125.00 $170.00 $106.23 $135.12 $172.56 $111.80 $141.13 $169.41 $109.30 $163.95 $218.60 General Foreman $104.05 $142.75 $181.46 $96.02 $132.27 N/A $95.00 $125.00 $170.00 $111.44 $140.33 $180.39 $114.80 $145.79 $175.52 $112.36 $168.54 $224.71 Superintendent N/A N/A N/A $106.59 $148.12 N/A $95.00 $125.00 $170.00 $118.20 $150.05 $195.24 $120.10 $154.44 $187.59 $200.00 $300.00 $400.00 Journeyman $106.88 $146.34 $181.81 $59.19 $84.86 N/A $105.00 $135.00 $180.00 $95.96 $125.12 $155.20 $111.75 $123.97 $150.80 $104.31 $156.09 $207.88 Foreman $109.25 $147.65 $186.03 $62.21 $89.39 N/A $105.00 $135.00 $180.00 $111.32 $140.48 $177.92 $117.20 $141.13 $169.41 $110.03 $164.69 $219.34 General Foreman $110.05 $148.75 $187.46 $96.02 $132.27 N/A $105.00 $135.00 $180.00 $116.81 $145.97 $186.03 $122.67 $145.79 $175.52 $113.09 $169.27 $225.45 Superintendent N/A N/A N/A $106.59 $148.12 N/A $105.00 $135.00 $180.00 $124.05 $156.21 $201.40 $139.11 $177.60 $215.72 $200.00 $300.00 $400.00 Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Journeyman $121.77 $167.44 $213.09 $59.19 $84.86 N/A $95.00 $125.00 $170.00 $91.88 $121.40 $151.23 $96.31 $122.50 $147.80 N/A N/A N/A Foreman $127.32 $175.15 $222.98 $62.21 $89.39 N/A $95.00 $125.00 $170.00 $108.61 $140.48 $172.69 $101.05 $128.87 $155.74 N/A N/A N/A General Foreman $129.67 $178.43 $227.19 $96.02 $132.27 N/A $95.00 $125.00 $170.00 $113.47 $146.83 $180.52 $105.80 $135.25 $163.68 N/A N/A N/A Superintendent N/A N/A N/A $106.59 $148.12 N/A $95.00 $125.00 $170.00 $122.35 $158.67 $195.37 $120.10 $154.44 $187.59 N/A N/A N/A Journeyman $126.77 $172.44 $218.09 $59.19 $84.86 N/A $105.00 $135.00 $180.00 $96.87 $126.69 $156.52 $110.75 $122.50 $147.80 N/A N/A N/A Foreman $132.32 $180.15 $227.98 $62.21 $89.39 N/A $105.00 $135.00 $180.00 $114.00 $146.19 $178.40 $116.20 $128.87 $155.74 N/A N/A N/A General Foreman $134.67 $183.43 $232.19 $96.02 $132.27 N/A $105.00 $135.00 $180.00 $119.09 $152.80 $186.49 $121.67 $135.25 $163.68 N/A N/A N/A Superintendent N/A N/A N/A $106.59 $148.12 N/A $105.00 $135.00 $180.00 $128.48 $165.17 $201.88 $138.11 $177.60 $215.72 N/A N/A N/A Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Standard Rate Overtime Rate Journeyman $120.11 $165.92 $210.27 $59.19 $84.86 N/A $95.00 $125.00 $170.00 $91.88 $121.40 $151.23 $96.31 $122.50 $147.80 N/A N/A N/A Foreman $123.46 $170.61 $217.28 $62.21 $89.39 N/A $95.00 $125.00 $170.00 $108.61 $140.48 $172.69 $101.05 $128.87 $155.74 N/A N/A N/A General Foreman $124.11 $171.44 $218.79 $96.02 $132.27 N/A $95.00 $125.00 $170.00 $113.47 $146.83 $180.52 $105.80 $135.25 $163.68 N/A N/A N/A Superintendent N/A N/A N/A $106.59 $148.12 N/A $95.00 $125.00 $170.00 $122.35 $158.67 $195.37 $120.10 $154.44 $187.59 N/A N/A N/A Journeyman $125.11 $170.92 $215.27 $59.19 $84.86 N/A $105.00 $135.00 $180.00 $96.87 $126.69 $156.52 $110.75 $122.50 $147.80 N/A N/A N/A Foreman $128.46 $175.61 $222.28 $62.21 $89.39 N/A $105.00 $135.00 $180.00 $114.00 $146.19 $178.40 $116.20 $128.87 $155.74 N/A N/A N/A General Foreman $129.11 $176.44 $223.79 $96.02 $132.27 N/A $105.00 $135.00 $180.00 $119.09 $152.80 $186.49 $121.67 $135.25 $163.68 N/A N/A N/A Superintendent N/A N/A N/A $106.59 $148.12 N/A $105.00 $135.00 $180.00 $128.48 $165.17 $201.88 $138.11 $177.60 $215.72 N/A N/A N/A $0.00/day The Waldinger Corporation Des Moines, IA LABORER NOTE: Inc. Des Moines, IA M.D. Magary Construction Co. St Louis, MO TEiC Construction Services, Inc. Duncan, SC Supervisors Rate $140/day NOTE: NOTE: MILLWRIGHT STEAMFITTER $150/day Subsistence: PIPEFITTER NOTE: $85/day Rate Modern Piping, Inc. Des Moines, IA $125/day 2023-089 Power Plant Maintenance Services Contract Bid Summary S.T. Cotter Turbine Services, Inc. Clearwater, MN $173/day MISC. Deliveries $0.00/day COST + 15% 4% straight time rate of specific craft Rate COST + 5% COST + 7% N/A 4% $.64/mile $.64/mile $0.00 Rate COST + 15% 4% $0.00 $79.76/hour $1.64/mile $.98/mile $78.98 per hour 3% $.98/mile $.655/mile 3% COST + 10% N/A Rate COST + 10% Craft Travel $50.00/hour Craft travel Supervisor mileage $1.00/mile N/A N/A Travel & Subsistence Description $1.00/mile N/A3% Rate $2.00/mile for 1 round trip per job COST + 15% Equipment & Tools Mileage $140/day $130/day mileage)$75/hr N/A Renewal Travel & Mileage Craft mileage Supervisor travel $95.00/hour $85/day Miscellaneous materials & consumables Labor 3% 8% 8hr in & 8hr out if 5 days or less plus mileage $.655 per mile each way from home to Ames, IA $2.00/mile for 1 round trip per job COST + 15% $.98/mile $100/day $350 per mobilization of project and close of project 3% 3% $1.30 per local small emergency N/A N/A $150.00 per person for large outage $400.00 per trip Rate COST + 7% COST + 15% 4% 7% 5% $173/day $200/hour $.69/mile $103.57/hour $.69/mile $103.57/hour $.69/mile Rate COST + 10% COST + 10% 3% 1 ITEM #: 17 DATE: 03-14-23 DEPT: P&R COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR EMMA MCCARTHY LEE PARK TENNIS AND PICKLEBALL COURTS RENOVATION PROJECT BACKGROUND: This project includes converting two of the tennis courts at Emma McCarthy Lee Park, 3400 Ross Rd., into six pickleball courts. The project also includes crack repair on the entire court surface, resurfacing the entire tennis court and pickleball surface with corresponding boundary markings, and installation of posts and nets. The project is scheduled to be completed by September 30, 2023. Specifications were sent out on February 13, 2023, and staff received three bids on March 7, 2023, which are summarized below. Contractor Bid Amount Upper Midwest Athletic Construction, Inc., Andover, Minnesota $76,375 Tennis Courts Unlimited, Inc., Nebraska City, Nebraska $85,570 Pro Track and Tennis Inc., Bennington, Nebraska $124,000 Plans, specifications, and a cost estimate were developed by Snyder & Associates, Ankeny, Iowa. Snyder & Associates will also be providing construction oversite to ensure the project is being completed to meet specifications. Fencing will be installed as part of overall project but specifications were not part of this bid package. Bid specifications will be sent out in late March. The Engineer’s estimate for this project is as follows: Engineer’s Project Estimate Amount Court Surfacing $ 76,770 Owner Provided Items (nets, net posts, anchors, etc.) $ 6,390 Fencing $ 16,680 Contingency $ 5,668 Engineering $ 13,500 Bid Project Estimate $119,008 Total funding available for this project is $126,700 which is ample to cover estimated costs for this project. Additionally, staff has submitted a grant application to Wellmark for $100,000 to enhance the project by adding windscreens, a storage shed, and upgrading court lighting. Grant awards will be announced May 15, 2023. 2 ALTERNATIVES: 1. Award a contract to Upper Midwest Athletic Construction, Inc., Andover, Minnesota, for the Emma McCarthy Lee Park Tennis and Pickleball Courts Renovation Project in the amount of $76,375. 2. Award a contract to the second low bidder. 3. Accept the report of bids, but do not award a contract at this time. 4. Reject all bids for the project and direct staff to rebid the project. 5. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: Pickleball is one of the fastest growing sports in America and currently players in Ames are utilizing tennis courts that have pickleball lines painted on the tennis courts. This project addresses a need in the community by providing designated regulation pickleball courts and nets while still providing two regulation tennis courts at Emma McCarthy Lee Park. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: ___18__ DATE: 03-14-23 DEPT: _ELEC._ COUNCIL ACTION FORM SUBJECT: AWARD CONTRACT FOR TRANSFORMER OIL RECONDITIONING AND REPAIR FOR ELECTRIC SERVICES DEPARTMENT BACKGROUND: This bid is for the oil reconditioning and re-gasketing of cooling radiators for a large transformer for the Electric Services Department. This work must be completed as a part of the Department’s routine transformer maintenance program which cleans the oil that develops during normal operation of the transformer. Oil reconditioning and re-gasketing extends the operational life of the transformer for an estimated additional 10 -15 years. Routine oil testing has revealed that one of the large transformers in the electric system no longer contains an inhibitor which helps keep moisture out of the oil. Moisture in the transformer oil will lead to deterioration of coil paper and could lead to catastrophic failure. This inhibitor will be added during oil reconditioning. Re-gasketing prevents leaks as gaskets deteriorate over time. Staff has determined that work to recondition and re-gasket this transformer must be completed between March 27 and May 26, 2023. Ambient temperatures are generally warmer after March 27, which avoids extra costs associated with heating the oil to complete the reconditioning. Completing the work before May 26 assures the transformer is back online ahead of the high energy demand summer season, which typically begins after Memorial Day. On January 24, 2023, an Invitation to Bid (ITB) was issued to 160 vendors. The ITB was advertised on the AmesBids webpage. On February 15, 2023, eight bids were received as shown below: BIDDER TOTAL COST Solomon Transformers, LLC, Solomon, KS $66,019.00 Transfluid Services, Houston, TX $66,564.70 Mars Transformers, Pearland, TX $69,550.00 Maxima (NASS), Shawnee Mission, KS $78,003.00 AES Kinectrics, Naperville, IL $79,864.80 Energy Solutions (Delta Star), Inc., Elkhorn, NE $85,075.70 Power Substation Services, LLC, Wheeling, WV $100,250.44 Cahoon Sales, Inc., Iowa City, IA $150,335.00 *Prices inclusive of 6% State of Iowa Sales Taxes Plus 1% Local Tax 2 Staff reviewed the bids and determined that the low bid from Solomon Transformers, LLC of Solomon, KS represents the best value to the Electric Services Department. Funds for this project were approved in the FY 2022/23 budget for equipment repair. This account contains a balance of $78,575. ALTERNATIVES: 1. Award a contract to Solomon Transformers, LLC, Solomon, KS, for the transformer oil reconditioning and repair in accordance with bid in the amount of $66,019.00 (inclusive of Iowa sales tax). 2. Award the contract to one of the other bidders. 3. Reject all bids. CITY MANAGER'S RECOMMENDED ACTION: It is critical to remove built up gases and keep inhibitor in the transformer oil to prevent high levels of explosive gases and moisture, which could lead to catastrophic failure and affect the reliability of the electric system. This work is also time-sensitive and must be completed on-schedule in order to have the transformer back online and ready for the high demand summer season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM#: 19 DATE: 03-14-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: PURCHASE OF A UTILITY BODY AND ACCESSORIES ON ONE LIGHT DUTY TRUCK CHASSIS FOR THE TECHNICAL SERVICES DIVISION OF THE ELECTRIC SERVICES DEPARTMENT BACKGROUND: The Technical Services Division of the City’s Electric Department provides maintenance and repair of the City’s electric substations. Critical to the work performed by the technicians is a light-duty crew cab truck equipped with a covered utility body, liftgate, and accessories. This truck supports the substation crews by functioning as an onsite workshop with supplies, housing tools, and pulling trailers. In February of 2022 City Council awarded a contract for $ 55,575.00 to Stew Hansen’s Dodge of Des Moines to purchase a new 2022 RAM 4500 Crew Cab Chassis to replace the City’s 2010 Ford F450 scheduled for replacement in the 2022 fiscal year. The City took delivery of the new chassis on October 6, 2022. No bids were received for the first bid solicitation for the covered utility body and accessories. The second solicitation resulted in only one bid for the covered utility body, liftgate, and accessories was received as follows: BIDDER MAKE MODEL YEAR Total for one Body and Accessories Hiway Truck Equipment Co. of Fort Dodge, IA Hughes Aluminum Custom 2023 $56,700.00 The bid from Hiway Truck Equipment of Ft Dodge to provide and install one 2023 Hughes, Custom Aluminum covered service body with liftgate and accessories is acceptable and meets the City’s required specifications. Delivery of the completed truck is not expected until after October 2023. The cost of this project is more than was anticipated. The higher cost is attributed to the specialized utility body and few manufacturers that make it. Cost for the covered utility body, liftgate, and accessories $ 56,700.00 Funding is available for this purchase as follows: Existing Truck #316 Replacement Funds (February 1, 2023) $ 16,434.00 Undesignated Escrow ($243,000 available) 34,000.00 Salvage Value of equipment being replaced 7,000.00 Available funding $ 57,434.00 2 ALTERNATIVES: 1. Award a contract to Hiway Truck Equipment Co. of Fort Dodge, as the acceptable low bidder to provide and install one 2023 Hughes, Custom Aluminum covered service body with liftgate and accessories in the amount of $56,700. 2. Reject this bid. MANAGER’S RECOMMENDED ACTION: Staff from Fleet Services and Electric Service have thoroughly evaluated this bid and agree that purchasing the chassis will meet the needs of the department. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 1 ITEM #: 20 DATE: 03-14-23 DEPT: P&R COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR THE INIS GROVE PARK TENNIS COURT RESURFACING AND BROOKSIDE PARK TENNIS COURT REPAINTING BACKGROUND: This project includes crack repair, replacing tennis court posts and nets, resurfacing all four tennis courts, and repainting all boundary lines for tennis and pickleball at Inis Grove Park. Also, included as part of the project was Alternate #1, which included repainting the pickleball lines at the tennis courts in Brookside Park. Over the last couple of years cracks have started to appear, net posts have started to lean, and the surfacing has started to peel off at the Inis Grove Park Courts. Also, the pickleball boundary lines at Brookside Park have faded enough making it difficult to see while playing pickleball. The project is scheduled to be completed by September 30,2023. Specifications were sent out on February 13, 2023, and staff received two bids on March 7, 2023, which are summarized below. Contractor Base Bid Alt #1 Total Tennis Courts Unlimited, Inc., Nebraska City, Nebraska $ 71,500 $1,400 $ 72,900 Pro Track and Tennis Inc., Bennington, Nebraska $103,000 $3,000 $106,000 Plans, specifications, and a cost estimate were developed by staff. The estimated cost to complete the project was estimated at $63,600. See estimate below. Project Estimate Amount Court Surfacing (Inis Grove Park) $ 52,000 Painting Pickleball Lines (Brookside Park) $ 3,000 Owner Provided Items (nets, net posts, anchors, etc.) $ 8,600 Total Project Estimate $ 63,600 There is $60,600 allocated in the FY 2023/24 Capital Improvements Plan (CIP) to complete the project which results in a shortfall of $12,300. In order to complete the project, staff has identified $30,000 from the Inis Grove Park Tennis Court Fencing Project allocated in the FY 2021/22 CIP. Staff determined the fencing project should be delayed until the full reconstruction of the courts are done in eight to ten years. 2 ALTERNATIVES: 1. City Council can: a. Reallocate $12,300 in funds from the Inis Grove Park Tennis Court Fencing Project to be used for this project, and b. Award a contract to Tennis Courts Unlimited, Nebraska City, Nebraska, for the Inis Grove Park Tennis Court Resurfacing and Brookside Park Tennis Court Repainting Project for the Base Bid and Alternate #1 for the amount of $72,900. 2. City Council can: a. Reallocate $10,900 in funds from the Inis Grove Park Tennis Court Fencing Project to be used for this project, and b. Award a contract to Tennis Courts Unlimited, Nebraska City, Nebraska, for the Inis Grove Park Tennis Court Resurfacing and Brookside Park Tennis Court Repainting Project for the Base Bid only for the amount of $71,500. 3. Accept the report of bids, but do not award a contract at this time. 4. Reject all bids for the project and direct staff to rebid the project. 5. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: The tennis courts at Inis Grove Park and Brookside Park are heavily used amenities within the park system. This project will address issues that are affecting the playability of the courts at Inis Grove and Brookside Parks and will also increase the longevity of the Inis Grove courts. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. The City Council should note that utilizing the $12,300 from the Inis Grove fencing project will result in the delay of installing the fencing until the full reconstruction of the courts are done in eight to ten years. 1 ITEM #: 21 DATE: 03-14-23 DEPT: P&R COUNCIL ACTION FORM SUBJECT: WAIVE PURCHASING POLICY AND AWARD A CONTRACT FOR THE INIS GROVE PARK RESTROOM REPAIR PROJECT BACKGROUND: In July 2022, a portion of the Inis Grove Park Restroom located adjacent Duff Ave., caught on fire and resulted in approximately $145,000 worth of damage. The cause of the fire was a result of a garbage can fire adjacent the structure. It was determined by fire investigators that the fire in the garbage can was intentionally set by individuals that had started two other fires in the park. The restroom was recently renovated and opened to the public in the summer of 2020 . Staff contacted representatives from HPC, L.L.C., who completed the 2020 renovation, to provide a proposal to repair the fire damage. The proposal to repair the damage was estimated at $145,000 and was presented to the insurance company that represents the City. After an insurance adjuster inspected the fire damage, a check in the amount of $112,580 was given to the City. The City has a deductible of $25,000. During recent budget planning meetings, staff reallocated $25,000 of CIP project savings to the FY 2022/23 Adjusted Budget in order to complete this project. Since HPC L.L.C., completed the restroom renovation, they have the necessary information, expertise, and material contacts to complete the repairs. The total funds available to complete the repairs is $137,580, leaving a shortfall of $7,420. Staff discussed the shortfall with HPC L.L.C. and there are some line items on the proposal that will be removed in order to ensure the cost of the project does not exceed $137,580. Specific line items include City staff assisting with demolition and reusing all bathroom fixtures. ALTERNATIVES: 1. City Council can: a. Approve waiving City of Ames Purchasing Policy for competitive bidding, and b. Award a contract to HPC L.L.C., for the Inis Grove Park Restroom Repair Project in a not to exceed amount of $137,580. 2. Direct staff to develop specifications and drawings and solicit competitive bids to complete the Inis Grove Park Restroom Repair Project. 2 3. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: The restroom at Inis Grove Park is a crucial amenity to park users as well as many others. Unfortunately, the process has taken a long time to get to this point and with the warmer temperatures approaching it is imperative to limit any further delays in repairing the restroom to get back normal service levels for the park. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: 22 DATE: 03-14-23 DEPT: ELEC COUNCIL ACTION FORM SUBJECT: LEGAL SERVICES FOR POWER PLANT BACKGROUND: In September 2009, the City Council approved an engagement and retainer agreement with The Ritts Law Group, PLLC of Alexandria, Virginia, for legal services related to the regulatory compliance with the Clean Air Act. For the initial agreement, Council authorized expenditure of an amount not-to-exceed $100,000. During the initial twelve months, Ritts worked closely with Electric Services and the Legal Department to evaluate projects scheduled at the steam electric plant and the combustion turbines. In the ensuing years Ritts has continued to provide assistance in support of a number of matters facing Electric Services, including the following: • The City’s request to the Iowa Department of Natural Resources (IDNR) for a Prevention of Serious Deterioration (PSD) non-applicability determination. • Engineering and legal analyses necessary to amend the air permits for the power plant as required by the IDNR. • Technical assistance to City staff in obtaining a determination that the wastewater treatment facility and the power plant do not comprise a single stationary source for air emissions. • Support regarding the U.S. Court of Appeals decision regarding the Environmental Protection Agency’s Cross-State Air Pollution Rule (CSAPR). • Iowa DNR construction permit preparation work, specialized environmental legal support and extensive environmental analysis needed projects such as the power plant coal-to-natural gas conversion, large equipment replacements, or equipment repairs that include the Prevention of Significant Deterioration. Since its engagement with The Ritts Law Group in 2009, the City has expended a total of $1,035,811.75 with this firm. This agreement is about to be closed due to the length its been open. Staff would like to move to a new year-by-year agreement. Staff is requesting that the City Council waive the City’s purchasing policies requiring formal competitive bids and award a contract to Ritts Law Group, PLLC, Alexandria, VA, for total amount of $90,000. 2 Services needed at this time include: • EPA’s Title V emission inventory processing and submittal • Air Heater Basket construction permit development, submittal, and approval This amount is to be used during the remainder of FY 2022/23 and next FY 2023/24. The FY 2022/23 and FY 2023/24 budgets for outside contractual services include $68,000 and $60,000 respectively. The contract amount is based on an estimated 60 hours at $600/hour and 160 hours at $350/hour. These rates are reasonable for the highly specialized type of work involved for Washington DC. ALTERNATIVES: 1. A. Waive the Purchasing Policies and Procedures requirement for competitive bids and B. Award a contract for Legal Services to Ritts Law Group, Alexandria, VA, in the amount of $90,000. 2. Do not approve the contract and direct staff to bid these services. CITY MANAGER’S RECOMMENDED ACTION: As the EPA continues to issue environmental rules, it is critical to the operation of the City electric generation that the City understands and follows these rules. At the same time, if a rule appears to be unclear, or its implementation could severely i mpact the utility operation, the City may wish to challenge the rule in court. This can only be accomplished with specialized legal advice. The City has relied on the Ritts Law Group to provide this specialized expertise, and staff believes the proposed agreement represents a good value to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 A-B, as stated above. 1 ITEM #: 23 DATE 03-14-23 DEPT ELEC COUNCIL ACTION FORM SUBJECT: SCAFFOLDING AND RELATED SERVICES AND SUPPLY CONTRACT FOR POWER PLANT – CHANGE ORDER #2 BACKGROUND: On June 14, 2022, the City Council approved a contract renewal with HTH Companies, Inc. in the amount of $65,000 to provide and install scaffolding, bracing, and fall protection when needed at the City’s Power Plant. Change Order No. 1, for $55,000, was approved by Ames City Council on September 27, 2022. This allowed for erecting scaffolding inside the boiler of Unit 8, work that was not envisioned at the time the original contract was agreed upon. The action being requested is to approve Change Order No. 2 to the Scaffolding and Related Services and Supply Contract. This change order will add an additional $30,000 to the current contract for FY 2022/23, allowing for additional setup and disassembly of scaffolding at the Power Plant to support the repair of Unit 8 precipitator lagging and other maintenance activities during the Unit 8 spring outage. This will bring the total contract amount to an amount not to exceed $150,000. It is important to note that the original contract amount is not for a specific project, but rather is staff’s best estimate of amount of work that might be performed in a given year. Rather than entering into a lump sum contract, work is charged to the City based on the actual time and materials used for a specific task. Actual payments are calculated on unit prices and work. Additional funds authorized in this change order will only be spent on actual time and materials used to perform the work. The additional $30,000 will come from both Unit 8 and Unit 7 boiler maintenance accounts where funds have been budgeted for routine repairs. Without this Change Order, the scaffolding contract funds will be exhausted before the end of the fiscal year. 2 ALTERNATIVES: 1. Approve Change Order No. 2 to HTH Companies, Inc. in the amount of $30,000 for additional scaffolding, bracing and fall protection, increasing the total contract to an amount not to exceed $150,000. All labor and materials will be performed and invoiced on a time and material basis according to rates, terms, stipulations, and conditions specified in the original contract. 2. Do not approve the requested change order. CITY MANAGER'S RECOMMENDED ACTION: Having a scaffolding contract in place allows Power Plant maintenance projects to be completed more quickly, more safely, and more cost effective. All labor and materials will be performed and invoiced on a time and material basis according to rates, terms, stipulations, and conditions specified in the original contract. This change order is necessary to address additional work that was not envisioned at the time the original contract was awarded. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1 as stated above. MEMO 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org City Clerk’s Office To: Mayor and Members of the City Council From: City Clerk’s Office Date: March 14, 2023 Subject: Contract and Bond Approval There is no Council Action Form for Item No. 24. City Council approval of the contract and bond for this project is simply fulfilling a State Code requirement. /cmw MEMO 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org City Clerk’s Office To: Mayor and Members of the City Council From: City Clerk’s Office Date: March 14, 2023 Subject: Contract and Bond Approval There is no Council Action Form for Item No. 25. City Council approval of the contract and bond for this project is simply fulfilling a State Code requirement. /cmw ITEM #: 26 DATE: 03-14-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: CHANGE ORDER AND FINAL COMPLETION OF WATER TREATMENT PLANT TEST DRILLING FOR PFAS BACKGROUND: The Ames Water Treatment Plant relies on a network of 22 potable supply wells as the source of drinking water for the community. As old wells fail and need to be replaced and as demand for treated water increases, additional wells need to be drilled. To determine the suitability of locations for future well sites, test drilling is used . Test drilling offers information about the water quality of the aquifer and the practicality of installing a well in that location based on the geology. On September 13, 2022, City Council awarded a contract to Cascade Drilling of Flint, Michigan, to perform test drilling of five wells to test for per- and polyfluoroalkyl substances (PFAS). Cascade has completed the test drilling process and the test wells have been abandoned. Results for PFAS on all five wells showed concentrations below the reporting limits. All work included with the contract is now complete. A Change Order is necessary to remove services/materials that were quoted on a time and materials basis but were not needed to complete the test drilling. Original Contract Amount $85,575.00 Change Order #1 Services/Materials ($4,697.00) Revised Contract Amount $80,878.00 ALTERNATIVES: 1. A. Approve Change Order No. 1 deducting $4,697.00 from the contract with Cascade Drilling of Flint, Michigan. B. Approve final completion and authorize final payment of $80,878, in accordance with the contract, to Cascade Drilling of Flint, Michigan. 2. Do not approve the Change Order or final completion at this time. CITY MANAGER’S RECOMMENDED ACTION: All work included with the contract has been completed and there was no concern with the results of the per- and polyfluoroalkyl substances (PFAS) analysis. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. CHANGE ORDER NO. 1 CONTRACT / BID NO: N/A PURCHASE ORDER NO: 60981 March 14, 2023 Project: Water Treatment Plant Test Drilling for PFAS Contractor Name: Cascade Drilling L.P. Change Orders Approved to Date: Address: 22722 29th Drive SE, STE 228 1 3 City, State, & Zip Code: Bothell, WA 98021 2 4 The contract is modified as follows upon execution of this Change Order. The changes included in this change order are made in order to carry out the original intent of the contract. The changes included in this change order are to be accomplished in accordance with the terms, stipulations, and conditions of the original contract as though included herein. DESCRIPTION COST Remove $4,697.00 for services/materials not needed to complete work ($4,697.00) Contract Price: Original contract price: $85,575.00 Change orders approved to date: 0 Amount of this change order: ($4,697.00) Adjusted contract price including this change order: $80,878.00 Accepted by City of Ames: Accepted by City of Ames: Accepted for Contractor: ______________________ John Dunn, Director City of Ames Water & Pollution Control ______________________ John Haila, Mayor City of Ames ______________________ Signature ______________________ Printed name & title ______________________ Date ______________________ Date ______________________ Date Lawrence Erdman/Operations Manager 2-27-2023 1 ITEM # __27___ DATE: 03-14-23 DEPT: ELECT_ COUNCIL ACTION FORM SUBJECT: POWER PLANT UNIT 8 COOLING TOWER VFD INSTALLATION PROJECT - CONTRACT COMPLETION FOR BAKER GROUP BACKGROUND On July 30, 2021 two bids were received for the purchase and installation of variable frequency drives (VFD) for Unit 8 Cooling Tower. The three VFD’s were to replace the old and outdated cooling tower fan motors and electrical gear supporting the motors. An award of contract was made September 14, 2021, to Baker Group of Ankeny, Iowa, in the amount of $158,467. All the requirements of the contract have been met by Baker Group and the Engineer has provided a certificate of completion. The City has been holding a retainage amount of $7,923.35 until the contract has been completed. ALTERNATIVES: 1. Accept completion of the contract with Baker Group of Ankeny, IA for the Unit 8 Cooling Tower VFD – project and pay remaining retainage of $7,923.35. 2. Delay acceptance of this project. CITY MANAGER’S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. CITY OF Smart Choice Public Works Department 515 Clark Avenue,Ames,Iowa 50010 Phone 515-239-5160 Fax 515-239-5404 March 8,2023 Honorable Mayor and Council Members City of Ames Ames,Iowa 50010 RE:Mortensen Heights Phase 2-Financial Security Reduction-Final Mayor and Council Members: I hereby certify that the Financial Security covering the 4 Year Stormwater Management Maintenance requirements as per the Post Construction Stormwater Management (Chapter 5B) for Mortensen Heights Phase 2 have been completed in an acceptable manner.The stormwater management practices have been inspected by the Engineering Division of the Public Works Department of the City of Ames,Iowa,and found to meet City specifications and standards. As a result of this certification,it is recommended that the financial security 2017-3954 on file with the City be released in full. Sincerely, Tracy Peterson,P.E. Municipal Engineer TP/cc cc:Finance,Planning &Housing,Subdivision file Public Works Department Engineering 515 239.5160 main 515 Clark Ave.P.O.Box 811 515.239 5404 fax Ames,IA 50010 www CityofAmes org Item No. 28 CITY OF Smart Choice Public Works Department 515 Clark Avenue,Ames,Iowa 50010 Phone 515-239-5160 Fax 515-239-5404 March 8,2023 Honorable Mayor and Council Members City of Ames Ames,Iowa 50010 RE:The Preserve Ames LLC aka The Core,122 North Dakota-Financial Security Reduction-Final Mayor and Council Members: I hereby certify that the Financial Security covering the 4 Year Stormwater Management Maintenance requirements as per the Post Construction Stormwater Management (Chapter 5B) for The Preserve Ames LLC aka The Core,at 4415 Lincoln Way (former 122 North Dakota )have been completed in an acceptable manner.The stormwater management practices have been inspected by the Engineering Division of the Public Works Department of the City of Ames,Iowa, and found to meet City specifications and standards. As a result of this certification,it is recommended that the financial security 2018-6762 on file with the City be released in full. Sincerely, Municipal Engineer TP/cc cc:Finance,Planning &Housing,Subdivision file Public Works Department Engineering 515.239 5160 main 515 Clark Ave P O.Box 811 515.239 5404 fax Ames.lA 50010 www CityofAmes.org Item No. 29 1 ITEM #: 30 DATE: 03-14-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FOR AMES MAIN STREET FARMERS’ MARKET BACKGROUND: The Ames Chamber of Commerce is planning to host the annual Ames Main Street Farmers’ Market this summer, which will take place on the 300 and 400 blocks of Main Street and on Burnett Avenue from Main Street to the U.S. Bank drive -through. The Market will operate on every Saturday from May 6 to October 14 from 8:00 a.m. to 12:30 p.m. (24 total Saturdays). To facilitate set-up and teardown, streets and parking spaces need to be closed from 5:30 a.m. to 1:30 p.m. each day. To facilitate the event, organizers request a blanket Vending License for the entire Central Business District from 5:30 a.m. to 1:30 p.m. each day of the Market, which will allow downtown businesses that file an insurance certificate with the City to display items for sale on the sidewalks. The Chamber has requested that the $50 Vending License fee be waived. Organizers have also requested the use of Tom Evans Plaza between the hours of 5:30 a.m. and 1:30 p.m. for vendor booths and entertainment. As in previous years, this space would be used for entertainment and educational activities for children and families. However, to prevent damaging the turf in the plaza, vendors will not be permitted to use the turf areas for their activities. The use of electricity in Tom Evans Plaza, along Main Street and on Burnett Avenue has also been requested. Organizers have requested a waiver of the $5 per day fee for use of electricity. To facilitate the Market, organizers have also requested that the two- and four-hour limits in parking in CBD Lots X and Y be waived during Market hours. Additionally, 75 metered parking spaces will be closed for 4.5 metered hours each day the Market operates. City staff estimates that this will result in a loss of $2,025 to the Parking Fund. Market organizers have requested that the meter fees be waived because the Market is a non-profit organization, and in return the City would be included as a sponsor on all Market advertising materials. The City Council’s adopted parking fee waiver policy allows the City Council to waive parking fees on a case-by-case basis for requests that do not involve District-wide free parking. Although in past years, the City Council has waived all meter fees for this event, the Parking Operations Fund has continued to struggle to build a balance that can be transferred for parking capital improvements. 2 ALTERNATIVES: 1. Approve the requested street and parking space closures from 5:30 a.m. to 1:30 p.m. on Saturdays from May 6 to October 14, use of Tom Evans Plaza for entertainers, use of City electrical outlets, a blanket Vending License, suspension of parking enforcement in CBD Lots X and Y from 6:30 a.m. to 1:00 p.m. each of the affected days, and waiver of the fees only for the Vending License and electricity use. This alternative requires reimbursement for lost parking meter revenue in the amount of $2,025. 2. Approve the requests as stated in Alternative No. 1, but do not require Farmers’ Market to reimburse the City for the Vending License, electricity use, or parking meter revenue. 3. Deny the requests. CITY MANAGER’S RECOMMENDED ACTION: The Main Street Farmers’ Market has successfully attracted visitors to the Downtown for the last several years. It has become a signature event in Ames, enhancing the local economy and providing a family-friendly activity that showcases the Ames community. Due to the overall health of the City’s Parking Operations Fund, staff is advising that the Council require reimbursement for lost parking revenue. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 3 4 5 6 Caring People  Quality Programs  Exceptional Service MEMO 515.239.5146 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org City Attorney’s Office To: Mayor and City Council From: Mark Lambert, City Attorney Date: March 10, 2023 Subject: Living in Vehicles on City Streets This memo is to facilitate the Council’s discussion on the matter of persons living in vehicles on City Streets, particularly in residential neighborhoods. The City Council requested a memo regarding this topic to be placed on a future agenda at the February 14, 2023 City Council meeting. There seem to be several potential approaches to dealing with this issue, including: 1. An ordinance prohibiting someone from living in a vehicle on public property, including city streets, or just in residential areas. 2. Limits on the size or types of vehicles that can park on city streets in residential neighborhoods. 3. Limits on the length of time larger vehicles, such as recreational vehicles (RVs) and campers can be parked on city streets in residential neighborhoods. I was unable to find any ordinances nationwide that directly prohibit people from “living” in their vehicle, i.e., making their vehicle their home. I suspect that there were concerns that an outright ban on living in a vehicle might have constitutional pr oblems or be viewed as criminalizing homelessness. I would be hesitant to suggest that the Council outright ban people from living in their vehicles. In recent decades the courts have struck down loitering and vagrancy ordinances, and this might be seen as being in the same category. There are ordinances in place around the country that have a similar effect -- these usually involve prohibiting people from sleeping in the vehicles during the overnight hours. The City of San Diego passed an ordinance prohibiting people from sleeping in their vehicles from 9:00 p.m. to 6:00 a.m., or within 500 feet of a residence or school (with an exception near colleges and universities). The City of Fairhope, Alaska passed an ordinance prohibiting people from sleeping in a vehicle between the hours of 10:00 p.m. and 6:00 a.m., except in certain areas such as campgrounds. The ordinances prohibiting people from sleeping overnight in their vehicles were generally reported by the media as ordinances “prohibiting people from living in their cars,” and were criticized by some for “criminalizing homelessness.” The Council Item No. 31 might want to consider that in a university town with sports events, it might be better to have people sleeping in their vehicles rather than driving drunk or exhausted. The City of Lacey, Washington, passed an ordinance that prohibited the parking of recreational vehicles, motor homes, mobile homes trailers, campers, vessels or boats upon the improved or unimproved portion of any street, alley, public right-of-way, or publicly owned parking lot for more than four hours. This ordinance was passed after several people living in RVs and similar vehicles parked and lived in a city-owned public parking lot. A lawsuit was filed claiming the ordinance was unconstitutional under the First Amendment, constitutional guarantees of freedom of travel, and other constitutional provisions. In Potter v. City of Lacey, 517 F.Supp.3d 1152 a federal court dismissed a constitutional challenge to the ordinan ce. The City of Ames already has a zoning ordinance prohibiting “in all zones whether on public or private land” the “parking of trailers or motor vehicles used for human habitation or any accessory use, except for use incidental to construction or eme rgency shelter for up to 30 days by persons whose dwelling has been made uninhabitable by fire or other casualty. [Ames Municipal Code 29.304(3).] However, “public land” would include only City parking lots, parks, or ground; the term “public land” does not generally include city streets. This section of our zoning code would appear to prohibit living in a vehicle even on private property, throughout the City. Other cities have limited the length of vehicles that are allowed on City streets: • Cedar Rapids prohibits any “motor truck, trailers, semi-trailer, truck tractor or motor home which exceeds 84 inches in width or 20 feet in length on any street between sunrise and sunset for a period longer than 60 minutes, or between sunset and sunrise for more than 30 minutes, or while in the actual process of being loaded or unloaded or making necessary minor repairs. [Cedar Rapids Municipal Code section 61.096]. • Iowa City limits vehicles parked in residential neighborhoods to a maximum of 7 feet in height, 8 feet in width, or 20 feet in length to be parked on a street in any residential district, with an exception for loading and unloading , and in no case more than 48 hours. [Iowa City Municipal Code 9-4-4.] (The average size of a school bus is 35 feet long and 8-9 feet wide). One advantage of this approach is that sometimes semi-trucks are parked on City streets creating visibility issues for drivers, and this approach could deal with that problem, too. • Council Bluffs sets a 24-hour limit on parking a motor vehicle on a public street. [Council Bluffs Municipal Code, section 9.32.290.] Des Moines has a similar 24-hour limit. [Des Moines Municipal Code section 114-361.13] • The City of Ames’ time limitation on parking a vehicle on public streets is 48 hours. [Ames Municipal Code section 18.9] I note that ordinances setting time limits can be quickly thwarted by the person moving the vehicle a few feet every 48 hours. Some cities require that a vehicle that reaches a time limit after it has been parked must be moved to another block, or a certain distance, such as one mile away. Range of possibilities for the Council to consider: 1. An outright ban on use of a vehicle for human habitation (i.e., living in) while parked on City streets, or City streets in residential areas. 2. Prohibiting persons from sleeping in vehicles parked on City streets overnight. 3. Establish limitations for vehicles or for vehicles over a certain size, such as: a. Limit the size of vehicles that can be parked on City streets (or streets in residential areas). b. Limit the time that a vehicle may be parked on a City street, less than the current 48 hours in our Municipal Code. c. A limit that vehicles over a certain size can only be parked in a residential area while loading/unloading, and maybe an exception for construction- related vehicles. d. Require that a parked vehicle, upon reaching the maximum time limit, must be moved a certain distance (e.g., next block, one mile). As stated above, the options numbered 1 and 2 might face constitutional problems or difficulties from an enforcement perspective. There are various items under option #3 that, either alone or in combination, could address the issue. 1 ITEM:__32__ Staff Report INITIATE PLAN 2040 LAND USE DESIGNATION AMENDMENT TO CHANGE NEIGHBORHOOD CORE TO RESIDENTIAL NEIGHBORHOOD-3 March 14, 2023 BACKGROUND On December 13, 2022, the City Council approved a rezoning with Master Plan for the 108.21-acre Bluffs Development, of which approximately 85.62 acres were zoned to a combination of Suburban Residential Low Density (FS -RL) and Suburban Residential Medium Density (FS-RM) with the remaining 20 acres maintaining its Agricultural (A) zoning designation. Subsequent to this rezoning, Kurt Friedrich requested City Council consider initiating a land use amendment for part of the Bluffs development (Attachment A). This remaining 20-acre Agricultural parcel currently has the Plan 2040 land use designation of Neighborhood Core (NC) for approximately 5 acres and 15 acres of Residential Neighborhood (RN-3) (Attachments B and C). The applicant requests the entirety of the site become RN-3 to allow for a church to be developed on the entire parcel rather than on 15 acres of the site that are currently RN-3. The subject site was annexed in 2022. In 2017, prior to annexation, the property owner (Kurt Friedrich) requested an amendment to the Ames Urban Fringe Future Land Map and Land Use Policy Plan (LUPP) for the North Growth Gap Area from Priority Transitional Residential, Rural Transitional Residential, and Parks and Recreation Areas to Urban Residential with a Convenience Commercial Node at the intersection of Cameron School Road and George Washington Carver Avenue. At the time of the request in 2017, Mr. Friedrich stated that the amount of existing and proposed residential development within the city limits and proposed residential development on this property would create a need for a stronger commercial presence in north Ames. He felt the Convenience Commercial Node at this intersection would provide that presence as the developer desired. In the 2017 staff report, staff did acknowledge that proposed commercial node was not fully consistent with all the criteria for locating Convenience Commercial Nodes within the former LUPP policies based upon the service area of existing commercial nodes . Staff’s principal concerns were related to locating commercial services on the edge of the City where there is no anticipated expansion of the city limits to accommodate future residential development. However, City Council agreed with the developer that additional commercial land area was desirable and approved the request with a 6-0 vote. 2 Plan 2040 Land Use Designation As a result of that decision, the corner area was included as commercial with in the Ames Plan 2040 Comprehensive Plan. Plan 2040 removed floating commercial nodes and assigned commercial designations to specific areas of development. Plan 2040 assigned different types of commercial designations based upon development needs and the character of an area. Therefore, this corner was assigned approximately five acres of the Neighborhood Core designation, reflecting: 1) the intended scale of development for this area, and 2) that it would likely be vehicle oriented. Plan 2040 describes commercial land use needs and projections in two ways. The first is an overall mix of neighborhood and community commercial land use needs for the growth of the community. Plan 2040 estimated that approximately 150 acres of land is needed for these types of uses (Attachment C). The 150-acre estimate is a hybrid of past trends and projected growth. In addition to the overall land use projection, Plan 2040 includes planned growth areas with designated commercial areas related to the context of residential development and the street network around it. Attachment C includes excerpts of Growth and Land Use Principles and related policies. This means that with our guiding principles and polices, the 150-acre projection is divided up into the planned growth areas, but the intended character in each area sets actual designations. For this site the Neighborhood Core designation reflects its likely nature as a vehicular oriented commercial site. Plan 2040 includes additional land use commercial designations in north Ames, notably to the east of this site within the Borgmeyer property (Attachment B). The Borgmeyer property includes a 10 to 20 acre Mixed-Use Neighborhood Core commercial designation at the center of the site. The Borgmeyer property is intended to function more as an integrated mixed -use and pedestrian development with some high-density housing similar to a Somerset type of commercial development. This is distinguished in its character from the Friedrich site , which would be more vehicular oriented. Examples of commercial areas and sites for land use designation and site size context: Commercial Area Example Type Approximate Acreage (Gross) Fareway/Casey’s Commercial Node (Bloomington Rd) Neighborhood Core 10 acres (car wash and gas station 2.5 ac / bank, grocery, office area 7 ac) Somerset Village Center Mixed Use Core 15 acres Northern Lights Shopping Center (Wheeler Street) Community Commercial-Retail 4 acres Other Gas Station, DQ, Office (Orion/Wheeler) Community Commercial-Retail 2.5 acres 3 PROPOSED AMENDMENT At issue for the City Council is whether the commercial area on the Bluffs site is necessary and desirable, as previously proposed by Mr. Friedrich, for the area compared to the current proposal for residential land use designation. The requested residential designation is proposed by Mr. Friedrich to allow for the full 20 acre property to be sold as a large church site. Without approval of the request, approximately 15 of the 20 acres could be rezoned and proposed for a church with the current la nd use designations. The current Neighborhood Core Commercial Area designation does not have a corresponding commercial zoning district that would accommodate a religious institution use. Based upon the City’s growth planning for this general area, staff estimates that between 700 and 1000 housing units may be added through a mix of single-family dwellings and multi-family apartments developed between the combined areas of the Bluffs and the Borgmeyer property. A corresponding population estimate of 2.3 persons per household would yield approximately 1,500 to 2,300 people. Although there are a number of methods to estimate commercial land use needs, staff believes these two areas with this population estimate could support approximately 10 acres as a mix of retail, office, and restaurant uses. A convenience store or gas station would likely be a desirable use in this area as well due to the lack of other commercial sites in the area. Ultimately, the question for this requested land use amendment will pivot on the character of commercial, rather than total amount of land needed for commercial uses in this specific area of Ames. OPTIONS: Option 1: Initiate a Minor Land Use Amendment for a Residential Neighborhood-3 (RN-3) Designation City Council could agree to initiate a Comprehensive Plan amendment for residential. This option would remove the five acres of area designated for Neighborhood Core commercial area from The Bluffs site. The resulting designation would be RN-3 for all 20 acres of the property. The owner could then proceed to apply for rezoning of the site to residential zoning district and pursue a Special Use Permit for the construction of a church that could occupy all of the 20-acre site. This option would be supported by assuming the commercial land use needs for this part of the City can be met through development of the Mixed Use Core are a on the adjacent Borgmeyer site and that this site does not specifically need to have a site for commercial uses. The Mixed-Use Core area on the Borgmeyer site would not be intended as a vehicular oriented commercial area as is intended for the site at the corner of Cameron School Road and GW Carver. If the subject site was not commercial, the RN-3 designation would fit as the appropriate land use designation for this site and match the surroundings. The property owner could apply for a rezoning to FS-RL or FS-RM with a Master Plan amendment if the land use 4 designation is changed. The minor amendment process for this site would not require any specific outrea ch neighborhood meeting due to its fringe location at the edge of the city with no neighborhood development near the site. The amendment would be applied for by the property owner and require review by the Planning and Zoning Commission and then a final decision by the City Council. Regardless of any land use change to the site, the property will continue to be subject to the terms of the pre-annexation agreement for traffic improvements and sanitary sewer capacity. The planned improvements to Cameron School Road and GW Carver would still be required. Development of site with a church or residential uses in lieu of commercial can be accommodated within the sanitary sewer capacity limits of the area. Option 2: Retain the 5-acre Neighborhood Core Commercial Designation City Council could decline the request to initiate a Comprehensive Plan amendment. This option would maintain the current land use designation for part of the site. Retaining the designation would support rezoning to a Convenience Commercial, Convenience General Service, or Neighborhood Commercial. These would typically be automobile oriented commercial zoning district choices. The property owner could proceed with a rezoning application for approximately 15 acres to a residential zoning district and then pursue development of church on the remaining 15 acres of the site through approval of a Special Use Permit. The property owner would not be required to develop the corner site with commercial, but retaining the designation would not allow the site to be rezoned and developed with any other use. STAFF COMMENTS: Staff originally did not support creating an additional commercial node in 2017 based upon the prior LUPP policies for spacing of commercial nodes. Since that time the City’s new Comprehensive Plan has a different approach related to planning for commercial uses. Although Plan 2040 included the Neighborhood Core designation based upon its prior approval, Staff believes that the commercial designation on the Bluffs site is only necessary to serve the needs of future growth in this area if City Council believes an auto oriented commercial area is desirable for the area. The Neighborhood Core location is well suited to vehicular oriented commercial use. Staff believes that if the Neighborhood Core area is removed, the planned Mixed-Use Commercial area at the neighboring Borgmeyer site can provide enough land area to meet commercial needs for the projected population growth, but it is not planned as a vehicle oriented commercial area and would be more like the Somerset Village Center. 5 Attachment A 6 Attachment B The Bluffs Friedrich Site Borgmeyer Site Cameron School Rd Stange Rd Extension GW C a r v e r A v e 7 Attachment C-Ames Plan 2040 Excerpts 8 9 10 11 1 COUNCIL ACTION FORM SUBJECT: SETTING MARCH 28, 2023, AS DATE OF PUBLIC HEARING TO APPROVE AN OPTION AGREEMENT FOR SALE OF LOT 27 TO TOWNHOMES AT CREEKSIDE, LLLP, (AFFILIATED WITH THE HATCH DEVELOPMENT GROUP) IN CONJUNCTION WITH A DEVELOPMENT AGREEMENT FOR A LOW-INCOME HOUSING TAX CREDIT (LIHTC) APPLICATION FOR MULTI-FAMILY HOUSING DEVELOPMENT WITHIN BAKER SUBDIVISION (321 STATE AVENUE) BACKGROUND: On February 28, 2023, City Council voted to select the Hatch Development Group as its partner to develop multi-family rental housing on Lot 27 in Baker Subdivision. The City Council directed staff to begin preparing agreements to partner on a Low-Income Housing Tax Credit (LIHTC) application for this project. In order to meet the LIHTC submittal deadline of April 19, 2023 and adhere to the transfer of land requirements, staff is recommending that the City Council set March 28, 2023 as the date for the public hearing for the approval of an option for sale of Lot 27 within the Baker Subdivision to Townhomes at Creekside, LLLP (an Iowa Limited Liability Partnership affiliated with the Hatch Development Group). At the March 28 meeting, staff will present a completed option to purchase agreement with Townhomes at Creekside, LLLP and a development agreement with Hatch Development Group. Hatch Development Group will also have an updated site concept plan completed to address staff comments about access and parking. However, the actual Site Development Plan and building permit applications will not be prepared unless the developer receives an award of tax credits. Award of tax credits is expected in August 2023 and then developers would complete design and site acquisition in the winter with a plan for construction to begin spring of 2024 and a plan for occupancy to begin in the summer of 2025. ITEM #: 33 DATE: 03-14-23 DEPT: P&H 2 ALTERNATIVES: 1. Set March 28, 2023, as the date of the public hearing for the review and approval of an Option Agreement for the purchase of Lot 27 within the Baker Subdivision. A development agreement will accompany the Option Agreement and the City will then partner with Hatch to submit a LIHTC application to IFA for multi-family housing units on Lot 27 by the April 19, 2023 deadline. 2. Do not set a date of public hearing, and do not proceed with the project. CITY MANAGER’S RECOMMENDED ACTION: On March 28, staff will present land option to purchase agreement and development agreement for Lot 27. City Council approval of the option agreement and development agreement on March 28 will allow time for Hatch Development Group to finalize its LIHTC application before the Iowa Finance Authority’s April 19, 2023 deadline. As noted during the February meeting, HOME funds are separate from CDBG funds and can be used to directly assist in the construction of affordable housing. To date, the City has been allocated three years (2018-2021) of HOME funding, which has an approximate balance of $1.8 million dollars (not including program administration). Developer assistance with HOME funds would not occur until after the award and closing on the acquisition of the property in 2023. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 3 Location Map- Attachment A 4 Rental Development Area 1 COUNCIL ACTION FORM SUBJECT: AWARD CONTRACT FOR ACPC INFANT ROOM REMODEL IN CONNECTION WITH CARES ROUND 2 (COVID-19) FUNDING BACKGROUND: In May 2020, the City received a second round of CARES (CDBG -CV) from the Iowa Economic Development Authority (IEDA) in the amount of $604,386. The funds are being used to assist MICA with the purchase of a van to deliver groceries and other supplies to low-income clientele; to assist University Childcare Center (UCC) with the purchase of outdoor playground equipment and a freezer; and to assist Ames Community Preschool Center (ACPC) with the remodeling of an existing room into infant daycare space and the purchase of furniture (cribs) and storage units. Since the CARES funding has been directed to the City, the design and construction of the project must follow City Purchasing Policies, along with the applicable federal requirements for the use of the funds. Therefore, the construction contract for this project will be between the City and the construction firm rather than between ACPC and the construction firm. City staff has been working with ACPC and ACPC’s architect, Avec Design+Build, to prepare the plans and specifications for the infant room remodeling. Some of the major items to be remodeled included demolition, installation of windows, doors, flooring, painting, kitchen cabinets, sink, countertops, and lighting. On February 17, 2023, an Invitation to Bid (ITB) document was posted to AmesBids, the electronic bidding site. A total of 15 potential bidders viewed the project. Because the CARES funding comes with drawdown deadlines, b idders were asked to provide a timeframe for completion of the work. On March 7, 2023, bids were received as follows: Invitations to Bid are to be awarded to the lowest responsible bidder. However, the City’s grant agreement with IEDA states that 80% of the grant award of $604,386 (approximately $483,508) must be spent and drawn from IEDA’s system by May 31, 2023. Bergstrom Construction, Inc. indicated its proposed start date would be August 14, ITEM #: 34 DATE: 03-14-23 DEPT: P&H Bidder Base Bid Project Completion Date Bergstrom Construction, Inc. $91,568 September 29, 2023 GTC Construction, LLC $94,600 Approximately June 1, 2023 2 2023, with a completion date of September 29, 2023. GTC Construction, LLC indicated a start date of mid-April and a completion date approximately June 1, 2023 due to a 14- week delay in receiving wooden doors. In further discussions with GTC Construction, LLC, this completion timeframe could be adjusted to May 26 if unfinished doors are ordered. This will require a change order to the project. With that information, staff believes that the project can be completed before the state’s deadline with an award to GTC Construction, LLC. In this instance, the requirement to complete the project prior to May 31 and draw the funding from the IEDA system supersedes the approximately 3% cost differential compared to the lower bidder. ALTERNATIVES: 1. Award a contract to GTC Construction, LLC, for the ACPC Infant Room Remodel in connection with the City’s round 2 CARES (COVID-19) Grant through the Iowa Economic Development Authority, in the amount not to exceed $94,600. 2. Award the contract to the other bidder. 3. Do not approve this project. CITY MANAGER’S RECOMMENDED ACTION: By awarding this bid to GTC Construction, LLC, ACPC will have the remodeled space necessary to provide much-needed infant daycare for the community, therefore fulfilling needs of the grant. In addition, this contractor will be able to complete the project within the timeframe required to draw the grant funding. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , as described above. 1 ITEM # 35 DATE: _03-14-23_ DEPT: __P&H__ COUNCIL ACTION FORM SUBJECT: AGREEMENT FOR SALE OF LOT 8 IN BAKER SUBDIVISION TO HABITAT FOR HUMANITY OF CENTRAL IOWA BACKGROUND: In 2015, as part of the City’s Community Development Block Grant (CDBG) Program, the City acquired a 10+ acre site located at 321 State Avenue (formerly the site of the Old Ames Middle School). The site was purchased to develop a subdivision that will support the affordable housing goals of the City as a mixed-income development, with a minimum of 51% of the homes affordable to low- and moderate-income (LMI) households. The subdivision would consist of 27 buildable lots, 26 single-family lots, and one lot for multi- family units (see attachment A). In July 2022, the City, as the developer for the subdivision, completed the public infrastructure improvements (streets, water, sewer, electrical, sidewalks, including geothermal for the 26 single-family lots. (see attachment A). The subdivision covenants were adopted in December 2021. The City is now positioned to develop the lots to construct single-family homes. As noted above, 51% (14) of the lots have to be available to low and moderate-income households. Habitat for Humanity of Central Iowa (HHCI) has approached City staff with interest in purchasing one lot in the Baker Subdivision. Staff and Habitat have identified Lot 8, located along the south side of Wilmoth Avenue (see Attachment A). This collaboration with Habitat for Humanity of Central Iowa would represent the fifteenth endeavor between Habitat and the City of Ames. This project will allow the City to continue to address one of its priority goals outlined in both the 2022-2023 Annual Action Plan and the 2019-2023 CDBG Consolidated Plan, which is to increase the supply of affordable housing for LMI households. The City’s Finance staff has reviewed a draft of HHCI’s 2022 Annual Audit Report and finds it in good order, including the audit opinion. Therefore, staff has been working with the HHCI Executive Board and City’s Legal Department and has prepared the attached purchase agreement for City Council approval. The purchase agreement includes a purchase price of $50,000 (the lot has been appraised at $61,000). HHCI would be required to maintain affordability of the housing for a period of at least 15 years and the City will review qualifications of the final lot purchaser. The gross income of the homebuyer must not exceed 80% of the Ames Area Median Income. The design of the home must meet the 2021 subdivision covenants, including design parameters for house size and a garage. 2 ALTERNATIVES: 1. Approve the attached purchase agreement for the sale of Lot 8 in the Baker Subdivision to Habitat for Humanity of Central Iowa. 2. Approve the attached purchase agreement for the sale of Lot 8 in the Baker Subdivision to Habitat for Humanity of Central Iowa , subject to additional terms and conditions or modifications. 3. Direct staff to seek other buyers to purchase Lot 8. 4. Decline to sell the single-family lot. CITY MANAGER'S RECOMMENDED ACTION: The sale of Lot 8 in the Baker Subdivision to Habitat for Humanity of Central Iowa will assist the City in its efforts to continue to address the housing needs of low- and moderate-income first-time home buyers and will help jump-start the construction of homes in the subdivision and potential for future sales to Habitat. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. 3 Location Map- Attachment A Page 1 of 15 DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER Prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; 515-239-5146 Return to: Renee Hall, Ames City Clerk, Ames City Hall, 515 Clark Ave., Ames, IA 50010; 515-239-5146 AGREEMENT BETWEEN THE CITY OF AMES AND HABITAT FOR HUMANITY OF CENTRAL IOWA, INC., FOR NEW CONSTRUCTION UPON PROPERTY AT 316 S. WILMOTH, AMES, IOWA THIS AGREEMENT is made and entered into between the City of Ames, Iowa, an Iowa municipal corporation (“City”) and Habitat for Humanity of Central Iowa, Inc. (“Habitat”), an Iowa corporation. WHEREAS, the City has utilized community development block grant funds to acquire real property for rehabilitation or construction, or both, of a home to be used as owner-occupied housing for income-qualified homebuyers to further the goals and objectives of the City’s 2019-2023 Consolidated CDBG plan; and WHEREAS, Habitat also has the goal of providing safe and affordable owner-occupied housing to low-income home buyers and is willing to participate with the City in rehabilitation or or new construction, or both, of residential structures. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I CITY’S OBLIGATIONS A. Purchase of Property. The City has secured the purchase of property legally described as Lot 8, Baker Subdivision, Ames, Story County, Iowa (also known as 316 S. Wilmoth Avenue) (hereinafter “Property”) and will retain ownership of that Property until sold to Habitat under the conditions described herein. Habitat shall construct the improvements in a manner complying with the requirements of the City Code, and in a manner that complies with the restrictive covenants upon the property. See Attachment A for the restrictive covenants. Page 2 of 15 B. Access to Property. The City agrees to grant Habitat immediate and continuing access to the property for the purpose of construction of improvements upon the property. Access for the purpose of construction shall also be granted to Habitat’s agents. C. Technical Assistance. Upon request, the City will provide technical assistance to Habitat concerning compliance with the terms of this Agreement. D. Performance Monitoring. The City may inspect and monitor the performance of Habitat to determine its compliance regarding the performance standards of this Agreement. Substantial nonperformance, as determined by the City, constitutes noncompliance with this Agreement. In the event this occurs, the City shall notify Habitat of the noncompliance and provide a time limit to correct the noncompliance. E. Property Conveyance. The City shall convey marketable title to the property for and in consideration of Habitat’s completion of new construction on the property, payment of sums set out in Section II.A(1) and agreement to sell the property on or before May 31, 2024, to a qualified homebuyer, as set forth hereafter. II HABITAT’S OBLIGATIONS A. Compensation for Purchase. 1. Habitat agrees to pay the City of Ames $50,000.00 for the Property. Habitat agrees that it shall provide a non-refundable down payment of $2,500.00 (5.0% of the purchase price) for the Property. This down payment shall be placed into an escrow account as a pre-condition to Habitat being granted access to the Property and Habitat shall have its financial institution verify to the City within one (1) calendar week from the date of this signed agreement that the funds have been placed in an escrow account. The total of $47,500.00 shall be due at the time Habitat has completed all other requirements under this Agreement and acquires title to the Property. Habitat shall pay all transfer and recording expenses, including transfer taxes, any permit fees and other expenses related to the conveyance of the Property. At the time of closing, Habitat shall pay to the City of Ames an additional $1,000 to reimburse the cost of producing an abstract for Habitat. All abstracting costs shall be the responsibility of Habitat, and not the City. 2. In Kind Compensation. Habitat agrees to provide all materials, labor and services as are necessary to construct the improvements upon the Property to the standards described in section II.B so that it is safe and habitable for residential use. 3. Property Improvements. Habitat agrees to complete all construction included on Attachment B by this reference made a part hereof. All property improvements shall be completed on or before April 30, 2024. Habitat further agrees that if it fails or decides to not to complete the improvements to the Property, the City of Ames will not reimburse Habitat for any cost incurred for any improvements made to the Property. Page 3 of 15 4. Property Maintenance and Utilities. Habitat shall be responsible for all maintenance for the Property (i.e., lawn care, snow removal, etc.) and shall have all utilities (electric, gas, water, and sewer) transferred into its name within one calendar week from the date of this mutually signed Agreement. 5. Property Taxes. Property taxes until transfer of title to Habitat will be the responsibility of the City of Ames. B. Performance Standards. The Property shall be constructed in compliance with all applicable state and local building codes and regulations, including necessary building permits as required. The development of any architectural designs, if necessary, for the project shall be the responsibility of Habitat, subject to prior approval by the City. Habitat shall submit new construction plans to the Planning and Housing Department and Building Inspections Division for written approval before applying for a building permit. C. Completion of New Construction and Sale to Qualified Homebuyers. 1. City shall not convey title of the property to Habitat unless and until the following two actions have occurred: 1) the selected initial home buyer has been determined eligible by the City (Housing Division staff) and 2) the City has completed a final walk-thru of the property and verified that all design features as outlined in Attachment B have been completed satisfactorily. 2. Habitat shall provide within 120 calendar days after the approval date of this agreement, in a format prescribed by the City, provide the following documentation and information of the selected initial home buyer: a) the selected home buyer meets the eligibility requirements outlined by the City; and b) has an income that is at or below 80% of the Ames MSA (IA) income limits as established by HUD as outlined in Attachment C incorporated by reference into this Agreement. The Housing Division staff (utilizing CDBG program requirements), will verify the eligibility of the selected initial home buyer and notify Habitat in writing of that determination within 30 calendar days from the date of the received documentation. 3. Habitat shall within one (1) calendar week after the completion of the home construction of the property, schedule a final walk-thru with the City Housing Division to verify the construction of the property has been completed satisfactorily. Upon verification that the construction of the property has been satisfactorily completed, the City of Ames will schedule the closing date to convey title of the property to Habitat before April 30, 2024 . 4. Habitat further agrees that it will include in its mortgage documents with an eligible buyer the following language: Borrower(s) covenants and agrees that in the event it shall desire to sell or Page 4 of 15 convey the Property during the term of this Security Instrument, for a period of twenty (20) years, the Borrower(s) shall first offer the Property to Habitat for Humanity of Central Iowa, Inc. (HFHCI), or HFHCI’s successor in interest, in the following manner: Borrower(s) shall serve notice in writing to HFHCI, or its successor in interest, by registered mail, return receipt requested. The notice shall indicate that Borrower(s) desires to sell the Property. The notice shall also contain an offer to sell the Property to Lender, or its successor in interest, upon the terms and conditions as set forth in the bona fide offer. For a period of thirty (30) calendar days after the receipt of the notice, Lender, or its successor in interest, shall have the right to purchase the Property for the same price on the same terms that the Property was sold to the Borrower(s). However, at the time of sale of the Property, all payments (excluding insurance, taxes and escrow payments used for the repair of the Property) and the added, appraised value of any permanent improvements (which have been approved by the Lender) to the property made by the Borrower(s) with their funds will be repaid to the Borrower(s). If Lender, or its successor in interest, fails to exercise the right to purchase set forth in this paragraph, Borrower(s) may sell or convey the Property to any party making a bona fide offer. In the event Lender timely notifies Borrower(s) that it elects to purchase the Property on the terms provided in the notice set forth in the preceding paragraph, Lender and Borrower(s) shall promptly, but no later than sixty (60) c a l e n d a r days after the date of notice from Lender to Borrower(s), execute such usual and customary documents as shall be required to consummate such transaction. 5. Habitat shall provide certification in a form acceptable to the City that the activities carried out under this Agreement will meet the objective of benefitting low- and moderate-income persons as defined in 24 CFR 570.208. Along with a copy of the mortgage documents sign between Habitat and the Home buyer. D. Completion Date and Terms. Habitat shall be permitted to commence construction as soon as their financial institution has verified to the City that the down payment has been placed into an escrow account. Habitat shall complete the construction of t he Property by April 30, 2024. Habitat shall promptly sell the Property to qualified homebuyers on or before May 31, 2024. Within thirty (30) c a l e n d a r days after the closing of permanent financing and sale to the eligible homebuyers, Habitat, at its expense, shall have properly recorded any mortgage, security agreement, financing statement, purchase contract or similar document(s) required by the City. Page 5 of 15 Habitat agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. E. Insurance. During the period of this Agreement, effective as of the start date of the project, Habitat shall, at its own expense, procure and maintain all-risk property damage and liability insurance. For the term of this Agreement, Habitat shall list the City as an additional insured on said property insurance. Property damage coverage shall not be less than the current market value of the Property. Liability coverage shall include contractual insurance as well as comprehensive form insurance and shall provide coverages of not less than $1,000,000 bodi ly injury per person, $1,000,000 bodily injury per occurrence and $500,000 property damage. Habitat shall furnish the City with a certificate of insurance. The insurance company providing the insurance must be licensed to do business in the state of Iowa and rated as A or better by A.M. Best. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City. The contractor shall also give at least thirty (30) days prior notice to the City, by certified mail, return receipt requested, of any coverage to be suspended, voided, canceled by either party or reduced in coverage or in limits. Habitat shall provide Workers’ Compensation insurance coverage, as required by Chapter 85 of the Code of Iowa, for all employees involved in the performance of this Agreement. Habitat shall furnish the City with certificates of insurance for all insurance required under this Agreement, upon request of the Housing Coordinator. F. Audits, Inspections and Records. 1. Prior to the transfer of title of the Property and annually thereafter, Habitat shall promptly furnish to the City for its review and approval a current audit of its annual financial statements. 2. Habitat shall promptly furnish the City and HUD with such statements, records, data and information as the City or HUD may reasonably request pertaining to this Agreement. 3. Habitat shall maintain all records for ten (10) years from the date of this Agreement that are pertinent to the activities to be funded under this Agreement including, but not limited to: a. Records providing a full description of each activity undertaken. b. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance. c. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program. Page 6 of 15 d. Financial records as required by 24 CFR 570.502 and OMB Circular A-110. G. Homebuyer Records. Habitat shall maintain homebuyer data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, a signed and dated verification of income statement, or other basis for determining eligibility, and a description of service provided. Such information shall be made available to City monitors or their designees for review upon request. During the term of this Agreement, any time during normal business hours, Habitat shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of Habitat’s records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment and other data relating to all matters covered by this Agreement. Habitat shall submit a Homebuyer Completion Report at the close of the finished housing unit and/or sale to an income-qualified buyer. The completion report shall, at a minimum, include information relating to the final project costs and funding sources, and household characteristics as required by the City for reporting to HUD’s IDIS system. H. Notices. Habitat shall direct all notices, reports, insurance policies and other communications related to or required by this Agreement to the office of the City of Ames Department of Planning and Housing, Housing Coordinator, 515 Clark Avenue, Room 214, Ames, Iowa, 50010. Notice by both Habitat and the City shall be given by ordinary mail. Additionally, until completion of the project, Habitat shall submit quarterly reports describing progress of the project activities, which shall be due no later than ten (10) c a l e n d a r days after the end of the calendar quarter. I. NPDES Coverage. Habitat shall be solely responsible for all NPDES (National Pollutant Discharge Elimination System) requirements for the property from the date of this Agreement. Habitat shall sign the NPDES Agreement & Indemnity attached to this Agreement attached hereto as Attachment D. III NON-PERFORMANCE A. Performance Obligation. Until May 31, 2044, Habitat shall, in a manner satisfactory to the City, fulfill its stated purpose as outlined in II.E of this Agreement and provide continued service. B. Limitation on Resale. Habitat agrees the documents of the sale of the Property to the Page 7 of 15 qualified initial home buyer outlined in SECTION II will include provisions to restrict any subsequent sales during the duration of this Agreement by imposing an agreed upon resale ratio that will ensure that the Property will be affordable to a subsequent home buyer who meets the income limits outlined in SECTION II of this Agreement. Habitat further agrees that if the Property is re sold to subsequent h o m e buyers during the twenty (20) year Performance Obligation, that they must meet the requirements as set forth in SECTION II, for the remaining period until May 31, 2044. Habitat shall immediately notify the City that the Property is for re-sale and following the procedures as outline under SECTION II. C. Limitation on Assignment. 1. Habitat shall not sell, assign or transfer any legal or equitable interest in the Property at any time prior to Ma y 31, 2044, without written concurrence of the City. In event of an unauthorized transfer, Habitat shall repay to the City fair market value as of the date of that Habitat transferred the interest in the property, which shall be due in full immediately. The fair market value of the property as of the date of the transfer shall be determined by an appraiser selected by the City at the expense of Habitat. If Habitat discontinues its program, Habitat shall repay to the City the fair market value of the property (land and any constructed improvements) as determined by an appraiser selected by the City at the expense of Habitat or show proof that the Property will continue to be occupied by an eligible household, as outlined in SECTION II of this Agreement. 2. In no case shall Habitat assign its mortgage to a qualified lending institution, or any other entity, prior to May 31, 2044, without the express written approval of the City of Ames. D. Discontinuance of Habitat. In the event Habitat discontinues its services prior to May 31, 2044, the value of the prorated portion of real and personal property (tangible and intangible) secured with the CDBG funds, if applicable, under this Agreement shall revert to the City. If said Property has been disposed of, Habitat shall reimburse the City in the amount of the current fair market value of the Property less any portion of the fair market value attributable to non-City CDBG funds. (Personal property includes, but is not limited to, equipment, furnishings and vehicles.) E. Default. In the event Habitat defaults in the performance or observation of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30) calendar days after notice thereof shall have been given by the City to Habitat (or for a period of sixty (60) calendar days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 30-day period and thereafter diligently and continuously prosecutes the same to completion within such 60-day period), the City may declare that Habitat is in default hereunder and may take any one or more of the following steps, at its option: 1. By mandamus or other suit, action or proceeding at law or in equity, require Page 8 of 15 Habitat to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or a violation of the rights of the City hereunder, or obtain damages caused by Habitat by any such default. 2. Have access to and inspect, examine and make copies of all books and records of Habitat which pertain to the project. 3. Declare a default with the Home Ownership Agreement and make no further disbursements and demand immediate repayment from Habitat of any funds previously disbursed under the Home Ownership Agreement. 4. Take whatever other action at law or in equity which may appear necessary or desirable to enforce the obligations, covenants and restrictions of Habitat hereunder, including the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation, or any similar breach or violation thereof, at any later time or times. F. Events of Default. The following, by way of specification but not limitation, shall constitute events of default of this Agreement between Habitat and the City: 1. The homebuyer has a principal place of residence at some place other than the Property. 2. The homebuyer causes or permits the Property to be damaged, in disrepair, the site of a public nuisance or otherwise the site of conditions that unreasonably interfere with the use and enjoyment of other properties in the vicinity, ordinary wear and tear excepted. 3. The homebuyer allows unauthorized persons to reside in the property without written approval by Habitat and the City of Ames. 4. The homebuyer abandons or ceases to occupy the property for more than 60 calendar days per year. IV ENVIRONMENTAL, ASSESSMENT, HISTORIC PRESERVATION AND LEAD BASED PAINT Habitat shall assist the City in complying with all applicable environmental assessments, historic preservation requirements of HUD and the State Historic Preservation Office of Iowa, and section 302 of the Lead-Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR, part 50) insofar as they apply to the performance of this Agreement. V ELIGIBILITY RESTRICTIONS FOR Page 9 of 15 CERTAIN RESIDENT ALIENS (570.613) A. Restriction. Habitat agrees to comply with 24 CFR 570.613, which states that certain newly legalized aliens, as described in 24 CFR, part 5, subpart E, are not eligible to apply for benefits under covered activities funded by the City’s CDBG programs. “Benefits” under this section means financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities funded through the City’s CDBG programs. “Benefits” does not include relocation services and payments to which displaces are entitled by law. B. Covered Activities. “Covered activities” under this section means activities meeting the requirements of section 570.208(a) that either: 1. Have income eligibility requirements limiting the benefit exclusively to low- and moderate-income persons; or 2. Are targeted geographically or otherwise to primarily benefit low- and moderate- income persons (excluding activities serving the public at large, such as sewers, roads, sidewalks and parks), and that provide benefits to persons on the basis of an application. C. Limitation on Coverage. The restrictions under this section apply only to applicants for new benefits not being received by covered resident aliens as of the effective date of this Agreement. D. Compliance. Compliance can be accomplished by Habitat obtaining certification as provided in 24 CFR, part 5, subpart E, evidencing citizenship or eligible immigration status. VI TERMINATION OF AGREEMENT FOR CAUSE If Habitat fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Habitat violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Habitat of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated thirty (30) days after the giving of such notice unless such default or defaults are remedied within such cure period. The City shall be obligated to make no payment due hereunder after it gives said notice unless the defaults are remedied within said thirty (30) day period. In the event of such termination, Habitat shall promptly repay to the City the full grant/loan amount or that portion of the amounts that have been disbursed to Habitat prior to such termination. VII TERMINATION OF AGREEMENT FOR CONVENIENCE This Agreement may be terminated in whole or in part upon the mutual agreement of the Page 10 of 15 parties hereto, in which case the City and Habitat shall agree in writing upon the termination conditions, including the effective date, the disposition of contract amounts and, in the case of partial termination, the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Habitat shall promptly repay to the City the full grant/loan amount or that portion of the amount which has been disbursed to Habitat prior to such termination. VIII INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. B. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the project to which this Agreement pertains, shall have any private interest, direct or indirect, in this Agreement. C. No federal funds appropriated under this Agreement shall be paid, by or on behalf of Habitat, to any person for influencing or attempting to influence a member of Congress, an officer or employee of Congress or any federal agency in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or agreement. D. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal agreement, Habitat shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. E. Habitat shall require that the language of this certification be included in the award documents for all sub-Habitats and that all sub-Habitats shall certify and disclose accordingly. IX CONFLICT OF INTEREST Habitat covenants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services to be undertaken through this Agreement. Habitat further covenants that in the performance of this Agreement, no person having such an interest shall be employed by Habitat. Page 11 of 15 X GRANTOR RECOGNITION All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as CDBG funded. In addition, Habitat will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. XI ASSIGNABILITY Habitat shall not assign or transfer any interest in this Agreement without the prior written approval of the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon the parties and shall inure to the benefit of the successors and assigns of the parties hereto. XII HOLD HARMLESS PROVISION Habitat shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney’s fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of Habitat’s employees or agents during the performance of this Agreement. The City shall indemnify, defend and hold harmless Habitat, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney’s fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the City’s employees or agents during the performance of this Agreement. XIII SEVERABILITY CLAUSE If any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable, this Agreement shall be deemed severable, and the remainder of the Agreement shall remain in full force and effect. XIV LIMITATIONS OF CITY LIABILITY – DISCLAIMER OF RELATIONSHIP The City shall not be liable to Habitat, or to any party, for completion of or failure to complete any improvements, which are parts of the project. Nothing contained in this Agreement, nor any act or omission of the City or Habitat, shall be construed to create any special duty, relationship, third-party beneficiary, respondent superior, limited or general partnership, joint venture or any association by reason of Habitat’s involvement with the City. Page 12 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of March, 2023. CITY OF AMES, IOWA By John A. Haila, Mayor Attest Renee Hall, City Clerk STATE OF IOWA, STORY COUNTY, ss: On this _________ day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared John A. Haila and Renee Hall, to me personally known, and who, by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 23- adopted by the City Council on the day of , 2023, and that John A. Haila and Renee Hall acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. HABITAT FOR HUMANITY OF CENTRAL IOWA, INC. By Tom Prochnow, Board President By Dan Nutini, Executive Director STATE OF IOWA, STORY COUNTY, ss: On this _________ day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Tom Prochnow and Dan Nutini, to me personally known, who being by me duly sworn, did say that they are the Board President and Executive Director, respectively, of said corporation, that the seal affixed to said instrument is the seal of said corporation, or no seal has been procured by the said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and the said T o m P r o c h n o w and Dan Nutini acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public in and for the State of Iowa Notary Public in and for the State of Iowa ATTACHMENT A RESTRICTIVE COVENANTS ATTACHMENT B - CONSTRUCTION PLANS [ATTACH CONSTRUCTION PLANS] A walk through pre-final inspection by the City will be required within 3-4 weeks prior to the construction deadline (on or before April 30, 202 4 ). A final inspection will be required on or before March 31, 2024, to verify that all items have been completed. Failure to adhere to these deadlines may cause the agreement to become null and void. RE V I S I O N S DA T E PR I N T R E C O R D A1 0 0 SH E E T IS S U E 2 / 1 0 / 2 0 2 3 CO V E R S H E E T / L O C A T I O N PL A N C 20 2 3 HA B I T A T F O R H U M A N I T Y O F CE N T R A L I O W A , I N C . co n s t r u c t i o n @ h f h c i . o r g CO N T A C T : 30 KE Y E D N O T E R E F E R E N C E LE G E N D 1 A3 0 1 SE C T I O N B WI N D O W T A G VI E W DI R E C T I O N EL E V A T I O N 1 A3 . 0 DE T A I L / R E F . VI E W N U M B E R DR A W I N G S H E E T VI E W N U M B E R DR A W I N G S H E E T B GR I D L I N E FI R S T F L O O R +0 ' - 0 " FL O O R L I N E SH E E T I N D E X A1 0 0 C O V E R S H E E T / L O C A T I O N P L A N A1 0 1 O V E R A L L S I T E C O N C E P T P L A N A2 0 0 B A S E M E N T / F O U N D A T I O N P L A N & F I R S T FL O O R P L A N A2 0 1 R O O F P L A N / S E C T I O N S / D E T A I L S A3 0 0 E X T E R I O R E L E V A T I O N S RO O M N A M E / N U M B E R 10 2 DR A W I N G S H E E T VI E W N U M B E R NE W R E S I D E N C E : B A K E R S U B D I V I S I O N - L O T 8 GE N E R A L N O T E S 1. M E C H A N I C A L A N D E L E C T R I C A L L A Y O U T A N D D E S I G N B Y SU B - C O N T R A C T O R S . C O M P L Y W I T H A P P L I C A B L E C I T Y O F A M E S B U I L D I N G CO D E . 2. A L L S T R U C T U R A L M E M B E R S I N C L U D I N G F L O O R J O I S T S A N D R O O F TR U S S E S A R E T O B E D E S I G N E D B Y S U P P L I E R ( L U M B E R Y A R D ) . ST R U C T U R A L M E M B E R S S H O W O N T H E F O L L O W I N G S H E E T S A R E S H O W N FO R G E N E R A L P L A N N I N G P U R P O S E S . 3. C O N T I N U O U S F O U N D A T I O N W A L L F O O T I N G S A N D F O U N D A T I O N W A L L S SH A L L F O L L O W C I T Y O F A M E S B U I L D I N G C O D E F O R S I Z E A N D RE I N F O R C I N G . ZO N I N G CI T Y O F A M E S C H A P T E R 2 9 : R L - R E S I D E N T I A L L O W D E N S I T Y Z O N E SE T B A C K S : FR O N T Y A R D @ 2 5 ' SI D E Y A R D ( O N E S T O R Y ) @ 6 ' ; 1 5 ' A T C O R N E R L O T RE A R Y A R D @ 2 0 ' FL O O R P L A N E X C E E D S 1 , 1 0 0 S F P E R S U B D I V I S I O N S T A N D A R D S AP P L I C A B L E B U I L D I N G C O D E S 1. T H E S T A T E O F I O W A A N D C I T Y O F A M E S A D O P T M O D E L C O D E S A N D ST A N D A R D S , A S D O M O S T C I T I E S A N D S T A T E S N A T I O N W I D E . T H E A D O P T E D MO D E L C O D E S A R E A M E N D E D F O R S P E C I F I C L O C A L D I F F E R E N C E S , S U C H A S CL I M A T E , F R O S T , S N O W , S E I S M I C , A N D W I N D C O N D I T I O N S , A N D AD M I N I S T R A T I V E P R O C E D U R E S . T H E A D O P T E D C O D E S A R E P A R T O F S T A T E AN D L O C A L L A W , A N D A R E E N F O R C E A B L E A S S U C H . T H E C O D E S A R E M I N I M U M SA F E T Y S T A N D A R D S F O R T H E C O N S T R U C T I O N O F B U I L D I N G S A N D T H E SY S T E M S T H A T A R E E S S E N T I A L T O T H E F U N C T I O N I N G D E S I G N O F B U I L D I N G S . TH E M O D E L C O D E S A R E A V A I L A B L E F O R P U B L I C V I E W A T T H E A M E S P U B L I C LI B R A R Y , C I T Y C L E R K ' S O F F I C E , A N D I N S P E C T I O N D I V I S I O N O F F I C E . T H E Y C A N BE P U R C H A S E D O N L I N E A T A L L M A J O R B O O K S E L L E R S A N D C O N S T R U C T I O N BO O K W E B S I T E S ( S O U R C E : C I T Y O F A M E S W E B S I T E ) 2. A P P L I C A B L E C O D E S ( N O T A C O M P L E T E L I S T ) : 2. 1 . C I T Y O F A M E S B U I L D I N G C O D E ( M U N I C I P A L C O D E C H A P T E R 5 ) 2. 2 . I N T E R N A T I O N A L R E S I D E N T I A L C O D E 2 0 1 5 E D I T I O N 3. I N T E R N A T I O N A L R E S I D E N T I A L C O D E C L I M A T E Z O N E : S T O R Y C O U N T Y , I O W A - ZO N E 5 A ( C H A P T E R 1 1 - E N E R G Y E F F I C I E N C Y ) HA B I T A T F O R H U M A N I T Y O F C E N T R A L I O W A , I N C . LO T 8 S. W I L M O T H A V E . NE W R E S I D E N C E BA K E R S U B D I V I S I O N 31 6 S . W I L M O T H A V E . LO T 8 AM E S , I O W A LO C A T I O N P L A N NT S 1 NO R T H 31 6 S . W I L M O T H A V E N U E , A M E S , I O W A LO T 5 LO T 4 LO T 3 LO T 2 (F U T U R E ) (F U T U R E ) (F U T U R E ) (F U T U R E ) TRIPP STREET NE W R E S I D E N C E ( L O T 8 ) . SE E D R A W I N G S ON F O L L O W I N G P A G E S . LO T 8 31 6 S . W I L M O T H A V E . 1 A3 0 1 VIE W DIR E C T I O N LO T 8 T O B E G I N I N S P R I N G 2 0 2 3 . LO T 7 LO T 6 (F U T U R E ) (F U T U R E ) HO M E C O N S T R U C T I O N A N D S I T E W O R K , E T C . S H A L L A D H E R E T O " R E S T R I C T I V E CO V E N A N T S A N D R E G U L A T I O N S F O R S I N G L E F A M I L Y H O M E S I N B A K E R SU B D I V I S I O N , A M E S , S T O R Y C O U N T Y , I O W A " DO N O T D I S T U R B A D J A C E N T S I T E DU R I N G C O N S T R U C T I O N O N L O T 8 EXHIBIT B 982 98 0 97 8 97 6 1 A 2 B 3 97 4 972 RE V I S I O N S DA T E PR I N T R E C O R D A1 0 1 SH E E T OV E R A L L S I T E CO N C E P T P L A N C 20 2 3 HA B I T A T F O R H U M A N I T Y O F CE N T R A L I O W A , I N C . co n s t r u c t i o n @ h f h c i . o r g CO N T A C T : LO T 8 S. W I L M O T H A V E . 81 . 6 3 ' LA N D S C A P E D AR E A NE W C O N C R E T E DR I V E W A Y NE W CU R B C U T P E R CI T Y O F A M E S ST A N D A R D S LO T L I N E NE W C O N C R E T E S I D E W A L K P E R CI T Y S T A N D A R D S T O C O N N E C T TO E X I S T I N G S I D E W A L K 4'-0" OU T L I N E O F H O U S E BE L O W ( S E E FO L L O W I N G P A G E S FO R D R A W I N G S ) . AL L F O U N D A T I O N WA L L S T O B E WI T H I N S E T B A C K S BA C K S I D E O F H O U S E IS P R E F E R R E D T O B E A "D A Y L I G H T " B A S E M E N T ( S E E PL A N S ) . G R A D E S I T E A N D S E T TO P O F F O U N D A T I O N W A L L T O AC C O M M O D A T E " D A Y L I G H T " BA S E M E N T . OV E R A L L S I T E P L A N C O N C E P T SC A L E : 1 / 8 " = 1 ' - 0 " 1 NO R T H 25'-0" TRIPP ST. EX I S T I N G SI D E W A L K EX I S T I N G SI D E W A L K NE W S I D E W A L K T O T E R M I N A T E AT L O T L I N E F O R F U T U R E CO N N E C T I O N . 15 ' - 0 " SETBACK SE T B A C K ( V E R I F Y ) SE T B A C K LI N E SE T B A C K LI N E SE T B A C K LI N E SE T B A C K LI N E 20'-0" SETBACK RO O F P L A N (S E E D R A W I N G S ) PR O J E C T G R I D L I N E S (S E E F O L L O W I N G PA G E S F O R D R A W I N G S ) LO T LI N E LO T LI N E NE W R E S I D E N C E BA K E R S U B D I V I S I O N 31 6 S . W I L M O T H A V E . LO T 8 AM E S , I O W A LO T 8 EX I S T I N G G R A D E S A R E SH O W N A S A P P R O X I M A T E . AL L F I N A L G R A D E S S H A L L B E CO N S I S T E N T W I T H C I T Y O F AM E S G R A D I N G P L A N F O R TH E D E V E L O P M E N T . RE G R A D E S I T E A S N E E D E D . 31 6 S . W I L M O T H A V E . 4 A2 0 1 6' - 0 " SE T B A C K LO T LI N E 4' C O N C R E T E SI D E W A L K T O FR O N T D O O R 4'-0" LO T 7 (F U T U R E ) LO T 6 FR O N T W A L L O F HO U S E A T SE T B A C K L I N E AP P R O X I M A T E L O C A T I O N O F BU R I E D G E O T H E R M A L P I P I N G (V I S I B L E A B O V E G R O U N D ) . ME C H A N I C A L C O N T R A C T O R SH A L L T R E N C H T O M E C H A N I C A L RO O M O F H O M E T O C O N N E C T PI P I N G T O N E W G E O T H E R M A L UN I T I N H O M E . H V A C CO N T R A C T O R I S R E S P O N S I B L E FO R F I N A L C O N N E C T I O N A N D PU R G I N G O F S Y S T E M . NO T E : E A C H L O T H A S I T ' S O W N DE D I C A T E D G E O T H E R M A L L O O P W I T H (2 ) , 3 0 0 F T . W E L L S W I T H A H E A T I N G CA P A C I T Y O F A P P R O X I M A T E L Y 3 T O N S PE R S Y S T E M . I T I S T H E H V A C CO N T R A C T O R ' S R E S P O N S I B I L I T Y T O CO N N E C T T O T H E E X I S T I N G GE O T H E R M A L L O O P O N S I T E . NO T E : N A T U R A L G A S I S N O T P R O V I D E D TO T H I S S I T E . O N L Y E L E C T R I C I S PR O V I D E D B Y T H E C I T Y O F A M E S . A L L EQ U I P M E N T A N D A P P L I A N C E S S H A L L BE A L L E L E C T R I C . (F U T U R E ) IS S U E 2/ 1 0 / 2 0 2 3 EXHIBIT B K-1533COMPLIMENTSHOWERSFRP 1 A 2 B 3 K-1533COMPLIMENTSHOWERSFRP 1 A 2 B 3 RE V I S I O N S DA T E PR I N T R E C O R D A2 0 0 SH E E T BA S E M E N T / F O U N D A T I O N PL A N & F I R S T F L O O R PL A N BA S E M E N T / F O U N D A T I O N P L A N - D A Y L I G H T B A S E M E N T S H O W N SC A L E : 1 / 4 " = 1 ' - 0 " 1 43 ' - 0 " 37'-0" 3' - 0 " UP 10 " D E E P T R E A D S 14 E Q . R I S E R S 5 FU R N A C E 3' - 0 " 3' - 0 " 3' - 0 " 12 ' - 0 " 14 ' - 0 " 5 5 FD WH SU M P BE D R O O M 0 0 1 BA T H R O O M 0 0 2 17 ' - 0 " 7'-4"24'-8"5'-0" 32'-0" 3' - 0 " 3' - 0 " 43 ' - 0 " 37'-0" BE D R O O M 1 0 0 BA T H R O O M 1 0 1 3' - 0 " BE D R O O M 1 0 2 KI T C H E N 1 0 3 3' - 0 " 16'-0" 16'-0" 3' - 0 " PO C K E T DO O R 3' - 0 " PO C K E T DO O R co n s t r u c t i o n @ h f h c i . o r g CO N T A C T : C 20 2 3 HA B I T A T F O R H U M A N I T Y O F CE N T R A L I O W A , I N C . FI R S T F L O O R P L A N - 1 , 1 0 0 s f SC A L E : 1 / 4 " = 1 ' - 0 " 2 DO W N 2' - 6 " 47 47 2' - 6 " 47 2' - 6 " UN E X C A V A T E D UN E X C A V A T E D 14 LA U N D R Y 1 0 4 GA R A G E 1 0 5 LI V I N G 1 0 6 FU T U R E B E D R O O M 0 0 3 FU T U R E F A M I L Y R O O M 0 0 4 3' - 0 " 47 47 10 " D E E P T R E A D S 14 E Q . R I S E R S TV / M E D I A WA L L 41 41 2' - 6 " 7' - 0 " 24 24 ' - 0 " 5'-0" 33 3 3 3 2 2 8 8 8 8 UP ST E P S 3' - 0 " 8 8 8 8 8 8 2 10'-0" 6'-2" VERIFY OPENING 2'-1"12'-9" 10'-0"2'-1" 11 ' - 6 12" 6' - 6 " 6' - 6 " 13 ' - 0 " 6' - 0 " WA S H E R D R Y E R 11'-4" CL O S E T 1 0 7 12 ' - 0 " 13 ' - 6 " 17 ' - 6 " 2' - 2 " 9' - 4 " 27'-0" 32'-0" 5'-0" x SU P P L I E R N O T E : D I M E N S I O N S A R E S H O W N N O M I N A L L Y ; M A T C H W I N D O W S I Z E S H O W N O N S C H E D U L E S W I T H S T A N D A R D W I N D O W S I Z E S F R O M M A N U F A C T U R E R x CO N F I R M R O U G H O P E N I N G S I Z E S F O R W I N D O W S A N D D O O R S P R I O R T O F R A M I N G x TY P I C A L W I N D O W H E A D H E I G H T @ 6 ' - 1 0 " A B O V E F L O O R TY P . F I R S T F L O O R BE D R O O M W I N D O W S - DO U B L E O R S I N G L E HU N G ( E G R E S S ) . DI V I D E D L I T E G R I L L E S . FR O N T W I N D O W (D O U B L E O R S I N G L E HU N G ) - D I V I D E D L I T E GR I L L E S KI T C H E N WI N D O W ( D O U B L E OR S I N G L E H U N G ) . OP E R A B L E AW N I N G BA S E M E N T E G R E S S WI N D O W S . V E R I F Y SI Z E O F W I N D O W WI T H H E I G H T O F FR A M E D W A L L A N D S I L L . PR I O R T O O R D E R I N G . 1 2 3 2' - 8 " 2' - 0 " 3'-0" 4 4' - 0 " 4'-0" 5 3' - 0 " 1'-6" WI N D O W S C H E D U L E SC A L E : 1 / 4 " = 1 ' - 0 " 3 1 2 2 55 1 4 4 39 39 39 19 ' - 6 " T O R I S E R 7' - 0 " EP 5' - 0 " 4' - 6 " BL O C K O U T F O R G A R A G E D O O R / W A L K D O O R : V E R I F Y E L E V A T I O N W I T H EX I S T I N G G R A D E KE Y E D N O T E S / M A T E R I A L S L I S T 1 ST E P D O W N F O O T I N G A N D W A L L T O F U L L H E I G H T D E P T H 2 PA R T I A L H E I G H T G A R A G E F O U N D A T I O N W A L L O N C O N T I N U O U S 1 6 " X 8 " FO O T I N G ( F O O T I N G A T F R O S T D E P T H ) . R E I N F O R C I N G P E R C I T Y O F A M E S BU I L D I N G C O D E F O R W A L L A N D F O O T I N G . E M B E D B O L T S A T T O P O F W A L L FO R S I L L P L A T E A T T A C H M E N T . 3 5 8' T A L L F O U N D A T I O N W A L L O N 1 6 " X 8 " C O N T I N U O U S F O O T I N G . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E F O R W A L L A N D FO O T I N G . E M B E D B O L T S A T T O P O F W A L L F O R S I L L P L A T E A T T A C H M E N T . WA T E R P R O O F E X T E R I O R S I D E O F F O U N D A T I O N W A L L . 8 2" L E D G E F O R G A R A G E S L A B 9 CO N T I N U O U S F O O T I N G / T H I C K E N E D S L A B U N D E R W O O D F R A M E D W A L L . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E . P O U R W I T H B A S E M E N T FL O O R . 4 FO R M A - D R A I N A T F O O T I N G P E R I M E T E R - B O T H S I D E S ( T Y P I C A L F O R EN T I R E H O U S E P E R I M E T E R ) . 6 4" C O N C R E T E F L O O R O V E R V A P O R B A R R I E R A N D C R U S H E D R O C K . PR O V I D E U N D E R S L A B D R A I N A G E I N T O S U M P S Y S T E M A N D D I S C H A R G E IN C I T Y S T O R M S E W E R S Y S T E M . 7 BL O C K O U T F O U N D A T I O N W A L L F O R 4 ' X 4 ' E G R E S S S L I D I N G W I N D O W . 10 CO N C R E T E P I E R F O O T I N G S ( S O N O T U B E ) F O R F R O N T D E C K S U P P O R T . VE R I F Y S I Z E A N D L O C A T I O N P R I O R T O I N S T A L L A T I O N . 11 2 X 6 B E A R I N G W A L L ( S T U D S 1 6 " O . C . ) - U S E T R E A T E D S I L L P L A T E . L V L HE A D E R S A T A L L O P E N I N G S . 12 2 X 4 S T U D W A L L S @ 1 6 " O . C . 13 CO N C R E T E E G R E S S W E L L W I T H L A D D E R . P R O V I D E R O C K B E D A N D DR A I N A G E . V E R I F Y H E I G H T W I T H E X I S T I N G G R A D E . 14 FU T U R E W A L L S / F I X T U R E S / D O O R S 15 4" V I N Y L S I D I N G ( T Y P I C A L ) - C O L O R T B D . 16 TY P I C A L E X T E R I O R W A L L : S E E D E T A I L 17 TY V E K H O U S E W R A P 18 1" C O N T I N U O U S E X T E R I O R R I G I D F O A M B O A R D (R - 5 M I N I M U M P E R C O D E ) 19 12" O S B E X T E R I O R W A L L S H E A T H I N G 20 R- 1 3 M I N I M U M B A T T I N S U L A T I O N I N S T U D C A V I T Y 21 2 X 4 W O O D S T U D W A L L 22 23 12" D R Y W A L L I N T E R I O R F I N I S H 24 9' - 0 " W I D E B Y 7 ' - 0 " H I G H G A R A G E D O O R 25 HA N D R A I L S Y S T E M 26 27 28 29 ST O N E V E N E E R 30 WI N D O W S H U T T E R S ( S T Y L E T B D ) 31 TR I M ( C O L O R T B D ) 32 NO N - S T R U C T U R A L F R A M I N G A N D B R A C K E T S (F O R A E S T H E T I C S O N L Y N O N - L O A D B E A R I N G ) 33 RI G I D I N S U L A T I O N B O A R D O N E X T E R I O R S I D E O F FO U N D A T I O N W A L L P E R C O D E ( T H I C K N E S S A N D R - V A L U E ) 34 LA U N D R Y S I N K I N B A S E C A B I N E T 35 WO O D S T R U C T U R E - S I Z E D B Y S U P P L I E R 36 IN T E R I O R R A I L I N G / H A N D R A I L 37 EX T E R I O R S C O N C E L I G H T - V E R I F Y H E I G H T 38 VE R T I C A L V I N Y L S I D I N G O R S H A K E S I D I N G ( S T Y L E A N D CO L O R - T B D ) 39 2 X 4 W O O D S T U D W A L L F U R R I N G W I T H D R Y W A L L F I N I S H . 40 2 X 4 W O O D S T U D I N T E R I O R W A L L S W I T H 12" D R Y W A L L E A C H SI D E . P A I N T F I N I S H . 41 42 " H I G H H A L F W A L L W I T H W O O D C A P A T S T A I R 42 6 X 6 W O O D P O S T . WR A P W I T H F I N I S H M A T E R I A L . 43 FO U N D A T I O N L E D G E B E L O W 44 45 RA D O N D E T E C T I O N S Y S T E M FI R S T F L O O R S T R U C T U R E A B O V E : 1 1 - 7 / 8 " T J I ' S EX T E R I O R S H U T T E R S ( V E R I F Y S T Y L E ) 46 47 WI R E C L O S E T S H E L V I N G 48 CO N C R E T E P O R C H L I D GU T T E R / D O W N S P O U T S ( T Y P I C A L - DO W N S P O U T L O C A T I O N S T B D ) AS P H A L T S H I N G L E S O V E R R O O F I N G FE L T O N R O O F S H E A T H I N G 4 DA Y L I G H T B A S E M E N T ( T Y P I C A L ) 3 ST E P T O P O F C O N C R E T E F O U N D A T I O N W A L L DO W N T O A C C O U N T F O R G R A D E D R O P O F F A N D DA Y L I G H T B A S E M E N T T R A N S I T I O N . V E R I F Y E X A C T LO C A T I O N S O F S T E P - D O W N W I T H H A B I T A T A N D AD J A C E N T G R A D E . 26 26 26 4 A2 0 1 3 A2 0 1 3 A2 0 1 NO R T H 26 NE W R E S I D E N C E BA K E R S U B D I V I S I O N 31 6 S . W I L M O T H A V E . LO T 8 AM E S , I O W A LO T 8 4 25 25 42 48 3636 4'-612"4'-2" 45 43 6' - 8 " 3' - 2 " 34 12 ME C H / S T O R . 0 0 5 6'-4" CL O S E T 0 0 6 49 FU T U R E I N T E R I O R S W A L L S / D O O R S 49 49 49 49 50 5' T U B / S H O W E R 50 50 36 36 51 WO O D C A P B E L O W O N P A R T I A L HE I G H T W A L L ( S E E S E C T I O N ) 51 51 52 EX P O S E D C O N C R E T E F L O O R 52 4' - 4 " 7'-7"3'-7" 40 40 9 9 9 44 44 HO S E B I B A T G R A D E . VE R I F Y F I N A L L O C A T I O N . 53 ME P E Q U I P M E N T S H O W N F O R CO N C E P T O N L Y . D E S I G N / B U I L D B Y ME P C O N T R A C T O R S . 53 39 39 54 2X 6 E X T E R I O R W A L L S T U D S O N P A R T I A L HE I G H T F O U N D A T I O N W A L L . ( S E E S E C T I O N ) 54 12 55 FU R N I S H I N G S S H O W N F O R C O N C E P T O N L Y 55 55 54 54 WI N D O W S N E A R S T A I R S SH A L L H A V E T E M P E R E D GL A S S P E R C O D E . 1 2'-1"12'-7" 11 ' - 1 0 " UP ST E P S 40 56 SL O P E G R A D E T O A L L O W F O R D A Y L I G H T BA S E M E N T O R R E T A I N I N G W A L L A S N E E D E D . 57 RE F R I G E R A T O R 57 58 58 RA N G E / O V E N 59 59 SI N K ( C E N T E R U N D E R W I N D O W ) 7' - 6 " 5' - 4 " 60 DI S H W A S H E R 60 61 61 PA N T R Y 2' - 6 " 62 36 " D O O R T O D E C K . C O N F I R M S T Y L E . 10 ' - 4 " 63 63 3' E N T R Y D O O R S Y S T E M . C O N F I R M DO O R S E L E C T I O N W I T H H A B I T A T . 2' - 8 " EQ.EQ.43 3'-7" 2 A2 0 1 TY P . 2' - 6 " 14 ' - 0 " 64 UP P E R A N D L O W E R K I T C H E N C A B I N E T S AN D C O U N T E R T O P S 64 65 AP P R O X . 5 ' V A N I T Y ( B A S E C A B I N E T S W I T H SI N K ) 65 65 NO T E : I N T E R I O R W A L L D I M E N S I O N S AR E S H O W N T O T H E F A C E O F W O O D ST U D S A N D T O T H E F A C E O F FO U N D A T I O N W A L L S . GE N E R A L N O T E : F O O T I N G / F O U N D A T I O N WA L L S T E P D O W N S A R E S H O W N CO N C E P T U A L L Y . E X C A V A T O R A N D CO N C R E T E C O N T R A C T O R S H A L L C O N F I R M AC T U A L S T E P D O W N L O C A T I O N S B A S E D ON G R A D E C O N D I T I O N S O F T H E S I T E . AL L F O O T I N G S S H A L L B E F R O S T D E P T H . 3 A3 0 0 4 A3 0 0 1 A3 0 0 2 A3 0 0 62 DE C K 8'-0" 10'-0" 12 ' - 6 " 13 ' - 0 " 3' - 6 " EL E C T R I C I A N TO P R O V I D E 2 2 0 V OU T L E T I N G A R A G E FO R F U T U R E EV C H A R G I N G GE O T H E R M A L UN I T . C O N N E C T T O E X I S T I N G GE O T H E R M A L L O O P O N S I T E . 5'-0" 3' - 0 " 6 AP P R O X I M A T E A L T E R N A T I V E SI Z E F O R B A S E M E N T E G R E S S WI N D O W . V E R I F Y . 4' - 8 " 3'-4" 6 6 IS S U E 2 / 1 0 / 2 0 2 3 3'-10" 3 15 ' - 8 " DO W N ST E P S 8' - 0 " 25 25 25 3' - 0 " 1 3'-0" 50 G A . W A T E R HE A T E R 6' - 0 " TO W O O D P O S T EXHIBIT B 1 A 2 B 3 GR GR GR RE V I S I O N S DA T E A2 0 1 SH E E T RO O F P L A N / S E C T I O N S / DE T A I L S co n s t r u c t i o n @ h f h c i . o r g CO N T A C T : C 20 2 3 HA B I T A T F O R H U M A N I T Y O F CE N T R A L I O W A , I N C . PR I N T R E C O R D 4:12 ROOF PITCH4:12 ROOF PITCH 4: 1 2 R O O F P I T C H 4: 1 2 R O O F P I T C H RO O F P L A N SC A L E : 1 / 4 " = 1 ' - 0 " 1 28 NO R T H 27 27 27 27 27 28 28 28 28 92 - 5 / 8 " T A L L 2 X 6 E X T E R I O R WA L L S T U D S W I T H 2 X 6 T O P AN D B O T T O M P L A T E (N O M I N A L 8 ' T A L L E X T E R I O R WA L L ) . I N S T A L L W A L L S T U D S SO T H A T E X T E R I O R IN S U L A T I O N E N D S U P I N SA M E P L A N A S F O U N D A T I O N IN S U L A T I O N F O R T I G H T TH E R M A L E N V E L O P E . OV E R H A N G 8' T A L L C O N C R E T E FO U N D A T I O N W A L L O N SP R E A D F O O T I N G . S T E E L RE I N F O R C I N G P E R L O C A L BU I L D I N G C O D E S / ST A N D A R D S . W A T E R P R O O F EX T E R I O R W A L L S U R F A C E . RI M J O I S T . I N S U L A T E A T R I M JO I S T L O C A T I O N S 2" B L U E B O A R D I N S U L A T I O N (R 1 0 M I N I M U M ) OS B E X T E R I O R W A L L SH E A T H I N G MI N I M U M R 1 9 IN S U L A T I O N I N W A L L CA V I T Y 8'-0" I- J O I S T F L O O R ST R U C T U R E PR E F I N I S H E D VE N T E D ME T A L SO F F I T P A N E L S FO R M A - D R A I N D R A I N A G E SY S T E M ( B O T H S I D E S O F FO O T I N G ) . T I E I N T O S U M P PU M P S Y S T E M . 4" C O N C R E T E B A S E M E N T FL O O R S L A B O V E R 6 M I L PO L Y V A P O R B A R R I E R CR U S H E D R O C K SU B - B A S E IN S U L A T I O N S T O P S . I N S T A L L IN B E T W E E N T R U S S E S . MI N I M U M R 4 9 AT T I C I N S U L A T I O N PR E F I N I S H E D M E T A L C O I L ST O C K A T E X P O S E D FO U N D A T I O N W A L L SI L L P L A T E AT T A C H E D T O FO U N D A T I O N W A L L . SI D I N G M A T E R I A L ( S E E BU I L D I N G E L E V A T I O N S F O R TY P E ) 1/ 2 " I N T E R I O R DR Y W A L L VA P O R B A R R I E R UN D E R D R Y W A L L AT T A C H E D T O W A L L ST U D S DI R T B A C K F I L L . C O M P A C T AS R E Q U I R E D . F I N A L G R A D E TO D R A I N A W A Y F R O M BU I L D I N G . FL O O R +0 ' - 0 " FU R O U T BA S E M E N T W A L L S AN D F I N I S H A S IN D I C A T E D . CR U S H E D R O C K A R O U N D FO O T I N G D R A I N A G E S Y S T E M . FI N I S H F L O O R I N G MA T E R I A L O V E R ST R U C T U R A L SU B F L O O R WO O D B A S E . S T Y L E SE L E C T E D B Y OW N E R . AI R S E A L A L L L O C A T I O N S WH E R E H O T A I R C O U L D ES C A P E O R W H E R E C O L D AI R C O U L D I N F I L T R A T E T H E HO M E ' S T H E R M A L E N V E L O P E . WO O D R O O F T R U S S E S . DE S I G N A N D E N G I N E E R I N G BY S U P P L I E R . AS P H A L T S H I N G L E S O V E R RO O F F E L T O N R O O F SH E A T H I N G . O W N E R T O SE L E C T F I N A L S H I N G L E ST Y L E A N D C O L O R PR E F I N I S H E D ME T A L FA S C I A GU T T E R A N D DO W N S P O U T SY S T E M GRID LINE 1/ 2 " D R Y W A L L CE I L I N G SE E R O O F PL A N 1" C O N T I N U O U S E X T E R I O R RI G I D F O A M B L U E B O A R D IN S U L A T I O N TY V E K H O U S E W R A P ( U N D E R SI D I N G ; O V E R C O N T I N U O U S IN S U L A T I O N ) TY P I C A L W A L L S E C T I O N SC A L E : 3 / 4 " = 1 ' - 0 " 2 3'-6" TO 4'-0" (VERIFY W/ GRADE) EX T E R I O R GR A D E I- J O I S T F L O O R ST R U C T U R E 1/ 2 " D R Y W A L L CE I L I N G TO SILL OF EGRESS WINDOW. MAX. HEIGHT TO SILL NOT TO EXCEED 44" PER CODE PARTIAL HEIGHT CONCRETE WALL -8 ' - 1 0 " BA S E M E N T BA S E M E N T GRID LINE (EXTERIOR FACE OF FOUNDATION WALL) WA L L S E C T I O N A T D A Y L I G H T SC A L E : 3 / 4 " = 1 ' - 0 " 3 +0 ' - 0 " EG R E S S WI N D O W I N WO O D F R A M E D WA L L ( S E E SC H E D . ) (A P P R O X . ) -8 ' - 1 0 " (A P P R O X . ) FI R S T FL O O R FI R S T BA S E M E N T E G R E S S W I N D O W -8 ' - 1 0 " BA S E M E N T (A P P R O X . ) +0 ' - 0 " FL O O R FI R S T WA L L S E C T I O N A T D A Y L I G H T SC A L E : 3 / 4 " = 1 ' - 0 " 4 BA S E M E N T @ F R A M E D W A L L S 4" C O N C R E T E BA S E M E N T F L O O R SL A B O V E R 6 M I L PO L Y V A P O R BA R R I E R 4" C O N C R E T E BA S E M E N T F L O O R SL A B O V E R 6 M I L PO L Y V A P O R BA R R I E R FU R O U T BA S E M E N T W A L L S AN D F I N I S H A S IN D I C A T E D . 2" B L U E B O A R D IN S U L A T I O N ( R 1 0 MI N I M U M ) 2" B L U E B O A R D IN S U L A T I O N ( R 1 0 MI N I M U M ) PR E F I N I S H E D M E T A L C O I L ST O C K A T E X P O S E D FO U N D A T I O N W A L L PR E F I N I S H E D M E T A L C O I L ST O C K A T E X P O S E D FO U N D A T I O N W A L L PARTIAL HEIGHT CONCRETE WALL AN C H O R B O L T FO R S I L L P L A T E AT T A C H M E N T BL U E B O A R D I N S U L A T I O N TO A L I G N . T A P E J O I N T . 2X 6 E X T E R I O R W A L L S T U D S WI T H 2 X 6 T O P A N D B O T T O M PL A T E . I N S T A L L W A L L S T U D S SO T H A T E X T E R I O R IN S U L A T I O N E N D S U P I N SA M E P L A N A S W A L L S A B O V E AN D F O U N D A T I O N IN S U L A T I O N B E L O W F O R TI G H T T H E R M A L E N V E L O P E . I- J O I S T F L O O R ST R U C T U R E 1/ 2 " D R Y W A L L CE I L I N G FI R S T F L O O R W A L L S . I N S T A L L ST U D S S O T H A T E X T E R I O R BL U E B O A R D I N S U L A T I O N I S IN S A M E P L A N E A S W A L L S BE L O W . FI R S T F L O O R W A L L S . I N S T A L L ST U D S S O T H A T E X T E R I O R BL U E B O A R D I N S U L A T I O N I S IN S A M E P L A N E A S W A L L S BE L O W . GRID LINE (EXTERIOR FACE OF FOUNDATION WALL) GRID LINE (EXTERIOR FACE OF FOUNDATION WALL) FO R M A - D R A I N D R A I N A G E SY S T E M ( B O T H S I D E S O F FO O T I N G ) . T I E I N T O S U M P PU M P S Y S T E M . FO R M A - D R A I N D R A I N A G E SY S T E M ( B O T H S I D E S O F FO O T I N G ) . T I E I N T O S U M P PU M P S Y S T E M . WO O D CA P GRID LINE GRID LINE WO O D CA P EX T E N D SI D I N G D O W N WA L L EX T E N D SI D I N G D O W N WA L L 1" C O N T I N U O U S EX T E R I O R RI G I D F O A M BL U E B O A R D IN S U L A T I O N T O AL I G N W I T H IN S U L A T I O N ON W A L L S BE L O W . 1" C O N T I N U O U S EX T E R I O R RI G I D F O A M BL U E B O A R D IN S U L A T I O N T O AL I G N W I T H IN S U L A T I O N ON W A L L S BE L O W . HE A D E R 4: 1 2 R O O F P I T C H 4: 1 2 R O O F P I T C H OU T L I N E O F HO U S E B E L O W (D A S H E D L I N E ) RI D G E LI N E NE W R E S I D E N C E BA K E R S U B D I V I S I O N 31 6 S . W I L M O T H A V E . LO T 8 AM E S , I O W A LO T 8 1'-0" 1' - 6 " 1' - 6 " 1'-6" 29 ' - 0 " 1'-6"32'-0" OU T L I N E O F HO U S E B E L O W (D A S H E D L I N E ) OU T L I N E O F HO U S E B E L O W (D A S H E D L I N E ) OU T L I N E O F HO U S E B E L O W (D A S H E D L I N E ) 43 ' - 0 " 3'-6" TO 4'-0" (VERIFY W/ GRADE) FU R O U T BA S E M E N T W A L L S AN D F I N I S H A S IN D I C A T E D . AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E P E R C I T Y O F A M E S BU I L D I N G C O D E ( C H A P T E R 5 ) AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E P E R C I T Y O F A M E S BU I L D I N G C O D E ( C H A P T E R 5 ) 5'-0"1'-0" OV E R H A N G OV E R H A N G OV E R H A N G OV E R H A N G OV E R H A N G OV E R H A N G 42 BE L O W 17 ' - 0 " BL O C K O U T F O R G A R A G E D O O R / W A L K D O O R : V E R I F Y E L E V A T I O N W I T H EX I S T I N G G R A D E KE Y E D N O T E S / M A T E R I A L S L I S T 1 ST E P D O W N F O O T I N G A N D W A L L T O F U L L H E I G H T D E P T H 2 PA R T I A L H E I G H T G A R A G E F O U N D A T I O N W A L L O N C O N T I N U O U S 1 6 " X 8 " FO O T I N G ( F O O T I N G A T F R O S T D E P T H ) . R E I N F O R C I N G P E R C I T Y O F A M E S BU I L D I N G C O D E F O R W A L L A N D F O O T I N G . E M B E D B O L T S A T T O P O F W A L L FO R S I L L P L A T E A T T A C H M E N T . 3 5 8' T A L L F O U N D A T I O N W A L L O N 1 6 " X 8 " C O N T I N U O U S F O O T I N G . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E F O R W A L L A N D FO O T I N G . E M B E D B O L T S A T T O P O F W A L L F O R S I L L P L A T E A T T A C H M E N T . WA T E R P R O O F E X T E R I O R S I D E O F F O U N D A T I O N W A L L . 8 2" L E D G E F O R G A R A G E S L A B 9 CO N T I N U O U S F O O T I N G / T H I C K E N E D S L A B U N D E R W O O D F R A M E D W A L L . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E . P O U R W I T H B A S E M E N T FL O O R . 4 FO R M A - D R A I N A T F O O T I N G P E R I M E T E R - B O T H S I D E S ( T Y P I C A L F O R EN T I R E H O U S E P E R I M E T E R ) . 6 4" C O N C R E T E F L O O R O V E R V A P O R B A R R I E R A N D C R U S H E D R O C K . PR O V I D E U N D E R S L A B D R A I N A G E I N T O S U M P S Y S T E M A N D D I S C H A R G E IN C I T Y S T O R M S E W E R S Y S T E M . 7 BL O C K O U T F O U N D A T I O N W A L L F O R 4 ' X 4 ' E G R E S S S L I D I N G W I N D O W . 10 CO N C R E T E P I E R F O O T I N G S ( S O N O T U B E ) F O R F R O N T D E C K S U P P O R T . VE R I F Y S I Z E A N D L O C A T I O N P R I O R T O I N S T A L L A T I O N . 11 2 X 6 B E A R I N G W A L L ( S T U D S 1 6 " O . C . ) - U S E T R E A T E D S I L L P L A T E . L V L HE A D E R S A T A L L O P E N I N G S . 12 2 X 4 S T U D W A L L S @ 1 6 " O . C . 13 CO N C R E T E E G R E S S W E L L W I T H L A D D E R . P R O V I D E R O C K B E D A N D DR A I N A G E . V E R I F Y H E I G H T W I T H E X I S T I N G G R A D E . 14 FU T U R E W A L L S / F I X T U R E S / D O O R S 15 4" V I N Y L S I D I N G ( T Y P I C A L ) - C O L O R T B D . 16 TY P I C A L E X T E R I O R W A L L : S E E D E T A I L 17 TY V E K H O U S E W R A P 18 1" C O N T I N U O U S E X T E R I O R R I G I D F O A M B O A R D (R - 5 M I N I M U M P E R C O D E ) 19 12" O S B E X T E R I O R W A L L S H E A T H I N G 20 R- 1 3 M I N I M U M B A T T I N S U L A T I O N I N S T U D C A V I T Y 21 2 X 4 W O O D S T U D W A L L 22 23 12" D R Y W A L L I N T E R I O R F I N I S H 24 9' - 0 " W I D E B Y 7 ' - 0 " H I G H G A R A G E D O O R 25 HA N D R A I L S Y S T E M 26 27 28 29 ST O N E V E N E E R 30 WI N D O W S H U T T E R S ( S T Y L E T B D ) 31 TR I M ( C O L O R T B D ) 32 NO N - S T R U C T U R A L F R A M I N G A N D B R A C K E T S (F O R A E S T H E T I C S O N L Y N O N - L O A D B E A R I N G ) 33 RI G I D I N S U L A T I O N B O A R D O N E X T E R I O R S I D E O F FO U N D A T I O N W A L L P E R C O D E ( T H I C K N E S S A N D R - V A L U E ) 34 LA U N D R Y S I N K I N B A S E C A B I N E T 35 WO O D S T R U C T U R E - S I Z E D B Y S U P P L I E R 36 IN T E R I O R R A I L I N G / H A N D R A I L 37 EX T E R I O R S C O N C E L I G H T - V E R I F Y H E I G H T 38 VE R T I C A L V I N Y L S I D I N G O R S H A K E S I D I N G ( S T Y L E A N D CO L O R - T B D ) 39 2 X 4 W O O D S T U D W A L L F U R R I N G W I T H D R Y W A L L F I N I S H . 40 2 X 4 W O O D S T U D I N T E R I O R W A L L S W I T H 12" D R Y W A L L E A C H SI D E . P A I N T F I N I S H . 41 42 " H I G H H A L F W A L L W I T H W O O D C A P A T S T A I R 42 6 X 6 W O O D P O S T . WR A P W I T H F I N I S H M A T E R I A L . 43 FO U N D A T I O N L E D G E B E L O W 44 45 RA D O N D E T E C T I O N S Y S T E M FI R S T F L O O R S T R U C T U R E A B O V E : 1 1 - 7 / 8 " T J I ' S EX T E R I O R S H U T T E R S ( V E R I F Y S T Y L E ) 46 47 WI R E C L O S E T S H E L V I N G 48 CO N C R E T E P O R C H L I D GU T T E R / D O W N S P O U T S ( T Y P I C A L - DO W N S P O U T L O C A T I O N S T B D ) AS P H A L T S H I N G L E S O V E R R O O F I N G FE L T O N R O O F S H E A T H I N G ST E P T O P O F C O N C R E T E F O U N D A T I O N W A L L DO W N T O A C C O U N T F O R G R A D E D R O P O F F A N D DA Y L I G H T B A S E M E N T T R A N S I T I O N . V E R I F Y E X A C T LO C A T I O N S O F S T E P - D O W N W I T H H A B I T A T A N D AD J A C E N T G R A D E . 49 FU T U R E I N T E R I O R S W A L L S / D O O R S 50 5' T U B / S H O W E R 51 WO O D C A P B E L O W O N P A R T I A L HE I G H T W A L L ( S E E S E C T I O N ) 52 EX P O S E D C O N C R E T E F L O O R HO S E B I B A T G R A D E . VE R I F Y F I N A L L O C A T I O N . 53 ME P E Q U I P M E N T S H O W N F O R CO N C E P T O N L Y . D E S I G N / B U I L D B Y ME P C O N T R A C T O R S . 54 2X 6 E X T E R I O R W A L L S T U D S O N P A R T I A L HE I G H T F O U N D A T I O N W A L L . ( S E E S E C T I O N ) 55 FU R N I S H I N G S S H O W N F O R C O N C E P T O N L Y 56 SL O P E G R A D E T O A L L O W F O R D A Y L I G H T BA S E M E N T O R R E T A I N I N G W A L L A S N E E D E D . 57 RE F R I G E R A T O R 58 RA N G E / O V E N 59 SI N K ( C E N T E R U N D E R W I N D O W ) 60 DI S H W A S H E R 61 PA N T R Y 63 3' E N T R Y D O O R S Y S T E M . C O N F I R M DO O R S E L E C T I O N W I T H H A B I T A T . 64 UP P E R A N D L O W E R K I T C H E N C A B I N E T S AN D C O U N T E R T O P S 65 AP P R O X . 5 ' V A N I T Y ( B A S E C A B I N E T S W I T H SI N K ) 62 36 " D O O R T O D E C K . C O N F I R M S T Y L E . IS S U E 2 / 1 0 / 2 0 2 3 EXHIBIT B A B B A 1 2 3 1 2 3 RE V I S I O N S DA T E A3 0 0 SH E E T EX T E R I O R E L E V A T I O N S TO P O F FO U N D A T I O N W A L L AB O V E G R A D E PR I N T R E C O R D co n s t r u c t i o n @ h f h c i . o r g CO N T A C T : C 20 2 3 HA B I T A T F O R H U M A N I T Y O F CE N T R A L I O W A , I N C . +0 ' - 0 " FI R S T F L O O R -8 ' - 1 0 " ( A P P R O X . ) BA S E M E N T +/ - 8 ' - 0 " BE A R I N G 12 4 12 4 FR O N T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 1 43 ' - 0 " +0 ' - 0 " FI R S T F L O O R -8 ' - 1 0 " ( A P P R O X . ) BA S E M E N T +/ - 8 ' - 0 " BE A R I N G 43 ' - 0 " 12 4 12 4 12 4 12 4 12 4 12 4 GR A D E ( S H O W N AP P R O X I M A T E L Y ) CO N F I R M GR A D E ( S H O W N AP P R O X I M A T E L Y ) CO N F I R M 12 4 GR A D E ( S H O W N AP P R O X I M A T E L Y ) CO N F I R M 2 8 37 37 37 27 27 27 27 8 SI D E E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 2 BA C K E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 3 SI D E E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " 4 2 1 5 5 3 1 2 4 6 3 3 4 A2 0 1 3 A2 0 1 GR A D E ( S H O W N AP P R O X I M A T E L Y ) CO N F I R M GR A D E ( S H O W N AP P R O X I M A T E L Y ) CO N F I R M 26 26 6 26 26 28 28 NE W R E S I D E N C E BA K E R S U B D I V I S I O N 31 6 S . W I L M O T H A V E . LO T 8 AM E S , I O W A LO T 8 32 42 25 3'-0" ST E P S U P TO P O R C H 3 3 8 BE Y O N D AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E M I N I M U M P E R C I T Y O F AM E S B U I L D I N G C O D E (C H A P T E R 5 ) 38 27 4: 1 2 "E Y E B R O W " AT E A V E 1' - 6 " 1' - 6 " 1' - 6 " 1' - 6 " 28 28 28 28 28 28 28 25 42 16 16 16 16 16 16 16 31 31 31 31 31 31 31 56 56 31 31 31 31 28 31 31 31 29 ' - 0 " 32 ' - 0 " 32 ' - 0 " 1' - 6 " 1' - 6 " 5' - 0 " 5' - 0 " 1' - 0 " 1' - 6 " 27 BE Y O N D 16 BE Y O N D 17 ' - 0 " 46 46 31 31 24 1' - 0 " 2 "D A Y L I G H T " B A S E M E N T BL O C K O U T F O R G A R A G E D O O R / W A L K D O O R : V E R I F Y E L E V A T I O N W I T H EX I S T I N G G R A D E KE Y E D N O T E S / M A T E R I A L S L I S T 1 ST E P D O W N F O O T I N G A N D W A L L T O F U L L H E I G H T D E P T H 2 PA R T I A L H E I G H T G A R A G E F O U N D A T I O N W A L L O N C O N T I N U O U S 1 6 " X 8 " FO O T I N G ( F O O T I N G A T F R O S T D E P T H ) . R E I N F O R C I N G P E R C I T Y O F A M E S BU I L D I N G C O D E F O R W A L L A N D F O O T I N G . E M B E D B O L T S A T T O P O F W A L L FO R S I L L P L A T E A T T A C H M E N T . 3 5 8' T A L L F O U N D A T I O N W A L L O N 1 6 " X 8 " C O N T I N U O U S F O O T I N G . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E F O R W A L L A N D FO O T I N G . E M B E D B O L T S A T T O P O F W A L L F O R S I L L P L A T E A T T A C H M E N T . WA T E R P R O O F E X T E R I O R S I D E O F F O U N D A T I O N W A L L . 8 2" L E D G E F O R G A R A G E S L A B 9 CO N T I N U O U S F O O T I N G / T H I C K E N E D S L A B U N D E R W O O D F R A M E D W A L L . RE I N F O R C I N G P E R C I T Y O F A M E S B U I L D I N G C O D E . P O U R W I T H B A S E M E N T FL O O R . 4 FO R M A - D R A I N A T F O O T I N G P E R I M E T E R - B O T H S I D E S ( T Y P I C A L F O R EN T I R E H O U S E P E R I M E T E R ) . 6 4" C O N C R E T E F L O O R O V E R V A P O R B A R R I E R A N D C R U S H E D R O C K . PR O V I D E U N D E R S L A B D R A I N A G E I N T O S U M P S Y S T E M A N D D I S C H A R G E IN C I T Y S T O R M S E W E R S Y S T E M . 7 BL O C K O U T F O U N D A T I O N W A L L F O R 4 ' X 4 ' E G R E S S S L I D I N G W I N D O W . 10 CO N C R E T E P I E R F O O T I N G S ( S O N O T U B E ) F O R F R O N T D E C K S U P P O R T . VE R I F Y S I Z E A N D L O C A T I O N P R I O R T O I N S T A L L A T I O N . 11 2 X 6 B E A R I N G W A L L ( S T U D S 1 6 " O . C . ) - U S E T R E A T E D S I L L P L A T E . L V L HE A D E R S A T A L L O P E N I N G S . 12 2 X 4 S T U D W A L L S @ 1 6 " O . C . 13 CO N C R E T E E G R E S S W E L L W I T H L A D D E R . P R O V I D E R O C K B E D A N D DR A I N A G E . V E R I F Y H E I G H T W I T H E X I S T I N G G R A D E . 14 FU T U R E W A L L S / F I X T U R E S / D O O R S 15 4" V I N Y L S I D I N G ( T Y P I C A L ) - C O L O R T B D . 16 TY P I C A L E X T E R I O R W A L L : S E E D E T A I L 17 TY V E K H O U S E W R A P 18 1" C O N T I N U O U S E X T E R I O R R I G I D F O A M B O A R D (R - 5 M I N I M U M P E R C O D E ) 19 12" O S B E X T E R I O R W A L L S H E A T H I N G 20 R- 1 3 M I N I M U M B A T T I N S U L A T I O N I N S T U D C A V I T Y 21 2 X 4 W O O D S T U D W A L L 22 23 12" D R Y W A L L I N T E R I O R F I N I S H 24 9' - 0 " W I D E B Y 7 ' - 0 " H I G H G A R A G E D O O R 25 HA N D R A I L S Y S T E M 26 27 28 29 ST O N E V E N E E R 30 WI N D O W S H U T T E R S ( S T Y L E T B D ) 31 TR I M ( C O L O R T B D ) 32 NO N - S T R U C T U R A L F R A M I N G A N D B R A C K E T S (F O R A E S T H E T I C S O N L Y N O N - L O A D B E A R I N G ) 33 RI G I D I N S U L A T I O N B O A R D O N E X T E R I O R S I D E O F FO U N D A T I O N W A L L P E R C O D E ( T H I C K N E S S A N D R - V A L U E ) 34 LA U N D R Y S I N K I N B A S E C A B I N E T 35 WO O D S T R U C T U R E - S I Z E D B Y S U P P L I E R 36 IN T E R I O R R A I L I N G / H A N D R A I L 37 EX T E R I O R S C O N C E L I G H T - V E R I F Y H E I G H T 38 VE R T I C A L V I N Y L S I D I N G O R S H A K E S I D I N G ( S T Y L E A N D CO L O R - T B D ) 39 2 X 4 W O O D S T U D W A L L F U R R I N G W I T H D R Y W A L L F I N I S H . 40 2 X 4 W O O D S T U D I N T E R I O R W A L L S W I T H 12" D R Y W A L L E A C H SI D E . P A I N T F I N I S H . 41 42 " H I G H H A L F W A L L W I T H W O O D C A P A T S T A I R 42 6 X 6 W O O D P O S T . WR A P W I T H F I N I S H M A T E R I A L . 43 FO U N D A T I O N L E D G E B E L O W 44 45 RA D O N D E T E C T I O N S Y S T E M FI R S T F L O O R S T R U C T U R E A B O V E : 1 1 - 7 / 8 " T J I ' S EX T E R I O R S H U T T E R S ( V E R I F Y S T Y L E ) 46 47 WI R E C L O S E T S H E L V I N G 48 CO N C R E T E P O R C H L I D GU T T E R / D O W N S P O U T S ( T Y P I C A L - DO W N S P O U T L O C A T I O N S T B D ) AS P H A L T S H I N G L E S O V E R R O O F I N G FE L T O N R O O F S H E A T H I N G ST E P T O P O F C O N C R E T E F O U N D A T I O N W A L L DO W N T O A C C O U N T F O R G R A D E D R O P O F F A N D DA Y L I G H T B A S E M E N T T R A N S I T I O N . V E R I F Y E X A C T LO C A T I O N S O F S T E P - D O W N W I T H H A B I T A T A N D AD J A C E N T G R A D E . 49 FU T U R E I N T E R I O R S W A L L S / D O O R S 50 5' T U B / S H O W E R 51 WO O D C A P B E L O W O N P A R T I A L HE I G H T W A L L ( S E E S E C T I O N ) 52 EX P O S E D C O N C R E T E F L O O R HO S E B I B A T G R A D E . VE R I F Y F I N A L L O C A T I O N . 53 ME P E Q U I P M E N T S H O W N F O R CO N C E P T O N L Y . D E S I G N / B U I L D B Y ME P C O N T R A C T O R S . 54 2X 6 E X T E R I O R W A L L S T U D S O N P A R T I A L HE I G H T F O U N D A T I O N W A L L . ( S E E S E C T I O N ) 55 FU R N I S H I N G S S H O W N F O R C O N C E P T O N L Y 56 SL O P E G R A D E T O A L L O W F O R D A Y L I G H T BA S E M E N T O R R E T A I N I N G W A L L A S N E E D E D . 57 RE F R I G E R A T O R 58 RA N G E / O V E N 59 SI N K ( C E N T E R U N D E R W I N D O W ) 60 DI S H W A S H E R 61 PA N T R Y 63 3' E N T R Y D O O R S Y S T E M . C O N F I R M DO O R S E L E C T I O N W I T H H A B I T A T . 64 UP P E R A N D L O W E R K I T C H E N C A B I N E T S AN D C O U N T E R T O P S 65 AP P R O X . 5 ' V A N I T Y ( B A S E C A B I N E T S W I T H SI N K ) GE N E R A L N O T E : F O O T I N G / F O U N D A T I O N WA L L S T E P D O W N S A R E S H O W N CO N C E P T U A L L Y . E X C A V A T O R A N D CO N C R E T E C O N T R A C T O R S H A L L C O N F I R M AC T U A L S T E P D O W N L O C A T I O N S B A S E D ON G R A D E C O N D I T I O N S O F T H E S I T E . AL L F O O T I N G S S H A L L B E F R O S T D E P T H . TO P O F FO U N D A T I O N W A L L AB O V E G R A D E RE G R A D E S I T E A S NE E D E D T O M A K E SM O O T H T R A N S I T I O N FO R D A Y L I G H T BA S E M E N T 4 4 4 AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E M I N I M U M P E R C I T Y O F A M E S BU I L D I N G C O D E ( C H A P T E R 5 ) AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E M I N I M U M P E R C I T Y O F A M E S BU I L D I N G C O D E ( C H A P T E R 5 ) AL L F O O T I N G S S H A L L BE 4 2 " B E L O W F I N I S H E D GR A D E M I N I M U M P E R C I T Y O F A M E S BU I L D I N G C O D E ( C H A P T E R 5 ) 3 31 62 36 " D O O R T O D E C K . C O N F I R M S T Y L E . GA R A G E WA L K D O O R 25 DE C K (S E E P L A N ) DE C K S T E P S TO G R A D E . VE R I F Y F I N A L GR A D E . 62 14 ' - 0 " 12 ' - 0 " IS S U E 2/ 1 0 / 2 0 2 3 EXHIBIT B ATTACHMENT C 2022 80% of Ames (IA) MSA*** (subject to change) Family Size Gross Income Cannot Exceed 1 $56,300 2 $64,350 3 $72,400 4 $80,400 5 $86,850 6 $93,300 7 $99,700 8 $106,150 ***Metropolitan Statistical Area ATTACHMENT D NOTICE OF PARTIAL TRANFER OF A STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO. 2 (and City of Ames 5A) FOR CONSTRUCTION ACTIVITIES & INDEMNIFICATION AGREEEMENT By this Notice of Partial Transfer and Indemnification Agreement (the “notice of Partial Transfer”) the City of Ames, (the “Transferor”), transfers both the NPDES General Permit No. 2 and all legal responsibility for NPDES compliance for the lots/parcels to the contractor building on such lots/parcels, Habitat for Humanity of Central Iowa, Inc., (the “Transferee” and/or “Contractor”). Transferor will retain NPDES General Permit Permit No. 2 responsibilities for parcels or lots not disturbed or built on by the Contractor. Transferee understands and agrees to become the sole responsible permittee for the lots/parcels which Transferee builds on. Transferee agrees to install and maintain stormwater best management practices in a way which complies with IDNR GP#2 and City of Ames 5A requirements. Transferee shall be solely responsible for compliance of stormwater runoff from such lot/parcels. Transferee shall further protect, defend, indemnify, and hold Transferor harmless from any claims, liabilities, fines, penalties thereof after the date of this agreement. Transferee understand that by executing this notice of partial transfer, it agrees to comply with all requirements governing the discharge of storm water associated with industrial activity for construction activities by Iowa Department of Natural Resources NPDES General Permit No. 2 and City of Ames code 5A and certifies that it is aware that discharging pollutants from the storm water associated with industrial activity to waters of the United States is unlawful under the Clean Water Act where the discharge is not Authorized by NPDES Permits. Print Name of Transfer: _____________________________________ (Representative City of Ames) Signature of Transfer _____________________________________ (Representative City of Ames) Title: _______________________________________ Date: _______________________________________ Transferee Name: Habitat for Humanity of Central Iowa, Inc. Authorized Signature of Contractor: __________________________________________________ Print Name: _____________________ Title: ___________________________ Address: _________________________ City: Ames, Iowa Telephone No: ___________________________________ Email Address _________________________________ Address of Property Being Transferred: _________________________________________________________ 1 ITEM #: 36 DATE: 03-14-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT TO STANDARDS FOR ROOF-MOUNTED SOLAR ENERGY SYSTEMS IN ALL ZONING DISTRICTS BACKGROUND: The City Council received a request in fall 2022 to consider removing zoning permitting requirements and standards relating to residential solar energy system installations. On November 22, 2022, City Council reviewed the current requirements and permitting process and directed staff to initiate a text amendment to remove zoning requirements related to rooftop solar energy systems for all uses. The proposed Zoning Ordinance changes do not alter the requirements that roof- mounted systems comply with building and electrical codes or electric service provider requirements. Only roof-mounted systems are addressed by this proposed text amendment; freestanding and wall-mounted facilities are not affected. The current regulations for solar energy systems (Attachment A) were added to the Zoning Ordinance in 2009 and were most recently updated in 2017. The regulations pertain to solar panels on both residential and non-residential properties and address free-standing, wall-mounted, and roof-mounted installations. Roof-mounted panels are by far the most common choice. The current process for approval of solar energy system includes coordination between multiple departments. To construct or place a system, a property owner must obtain the following approvals in sequence: ORDER NEEDED APPROVAL RESPONSIBLE ENTITY 1 Interconnection Permit Ames Electric or Other Provider 2 Solar Energy System Zoning Permit Planning & Housing Department 3 Building Permit Inspections Division 4 Electrical Permit Inspections Division Internal coordination of permitting was updated administratively in 2018 as part of the SolSmart process. It should be noted that due to the presence of multiple electric providers in the City, not all permits involve Ames Electric with the review. Since the beginning of 2018, 56 Solar Energy System Zoning Permits (SESZPs) have been approved by the Planning Division. In 2022, 21 permits were approved. 2 Solar Energy System Zoning Permit – by Application Submittal Year (These number do not include large, commercial arrays such as the one on Airport Road.) Year Residential Multifamily Commercial Total 2018 2 0 1 3 2019 5 0 1 6 2020 6 0 1 7 2021 15 0 1 16 2022 21 0 0 21 2023 (to date) 3* 0 0 3 Total 52 0 4 56 * One additional residential SESZP has been submitted at the time of this report but has not yet been approved. This permit is excluded from the table. PROPOSED ORDINANCE: The proposed ordinance removes several regulations for roof-mounted solar panels and eliminates the requirement to have a Solar Energy System Zoning Permit. These changes relate to Section 29.1309 (4) and (5) in the existing Zoning Ordinance. As a result of the changes, the standards have also been reorganized for clarity. A summary of the key changes is below: 1. Remove roof top solar energy system height limitations and requirements that the equipment be flush with the roof. 2. Eliminate the Special Use Permit process for approval of systems that are not flush mounted, including the maximum height projection of 5 feet. 3. Eliminate the need for a Solar Energy System Zoning Permit for roof -mounted systems (all other permits are still required). 4. Allow for roof top systems regardless of the nonconforming status of a residential use or structure. 5. Reorganize some of the information for clarity by location type on the site as opposed to use. 6. Modify formatting, such as creating subsections for blocks of text with multiple regulations. It should be noted that the proposed changes do not modify requirements in Chapter 31 for historic properties. Approval of alterations will still apply for properties affected by this Chapter of Municipal Code. 3 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission met on February 1, 2023, to consider the proposed text amendment. The Commissioners discussed the merits of removing the height limitations, the flush-mounting requirement, the Special Use Permit, and the Zoning Permit. Commissioners disagreed regarding the correct approach and there were discussions about what could be attached to roof that is out of character for a neighborhood. Some Commissioners believed the current rules and process were reasonable and should remain. Other Commissioners considered the special use permit process to be burdensome and felt that changes to the standards would be acceptable. Multiple motions were made, which did not receive a majority of votes for approval. Ultimately, the Commission voted 6-0-0 to recommend that the City Council amend ONLY the Solar Energy System regulations in accordance with items 4, 5, and 6 in the Summary of Changes (above). The Commission made no recommendation regarding the other changes proposed by staff. The text amendment recommended by the Commission makes minor changes to the roof top solar regulations: 1) allowing installations on nonconforming structures and 2) reorganizing the regulations for clarity. The Commission’s recommendation does not materially alter the permitting process or the allowance for rooftop installations. As an alternative to the staff-proposed ordinance, Attachment C contains the amended text as proposed by the Planning and Zoning Commission. ALTERNATIVES: 1. Approve on first reading a text amendment regarding Solar Energy System regulations to eliminate roof top standards and permitting process as presented in Attachment B (original staff proposal). 2. Approve on first reading a text amendment regarding Solar Energy System regulations as presented in Attachment C (Planning and Zoning Commission proposal). 3. Direct staff to prepare modifications to the proposed text amendment that modify the roof height standards, special use permit process, or other standard and return for Council consideration at a later date. 4. Do not approve the proposed text amendment. CITY MANAGER’S RECOMMENDED ACTION: Many community members and the City Council desire to see more solar panels installed in the community to support sustainability goals. In Ames, mounting the panels on the 4 roofs of homes is by far the most common way to site them. Since the adoption of the original standards, solar panel placement has become more common. The current City code for Solar Energy Systems (solar panels) has few regulations for roof-mounted systems and no fee is required to obtain the zoning permit. The current regulations require that the panels are parallel to the slope of the roof and that the panels be no further than six (6) inches from the roof. Any deviation from the code requires a Special Use Permit. Eliminating these requirements will make installing roof- mounted solar panels simpler within Ames and hopefully will encourage property owners to invest in them. Staff does not believe there is likely any impact to community character between having the current standards and process compared to removing the roof top standards. The most common installation type is consistent with the intent of the current “flush” mounted standard and staff does not anticipate a change in style of installations with the change of rules. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 5 Attachment A Current Zoning Code Requirements for Solar Energy Systems Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES). Purpose. Solar energy is a clean, readily available and renewable energy source. This section establishes regulations to facilitate the installation and construction of Solar Energy Systems so that systems are safe, effective, and efficient, as well as harmonious with the character of the adjacent area where located. The provisions of this Section apply to the placement, construction and use of “solar energy systems” as defined in this chapter. The following standards shall apply to the development of Solar Energy Systems: (1) Allowed Use. Solar Energy Conversion is an allowed accessory use in all zoning districts pursuant to the standards in this section. (2) District Classifications. (a) Residential Properties. As used in this subsection residential properties include those Zoned RL, RM, UCRM, RH, RLP, FS-RL, FS-RM, and also F-VR, F-PRD, and S- SMD. (b) Non-residential Properties. As used in this subsection, all properties not zoned in the residential classifications above shall be classified as non-residential property. (3) Freestanding Solar Energy Systems: (a) Setbacks (i) Front. Solar Energy Systems shall not be located within any required front setback. They may be located in a front yard (beyond the required front setback line) subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment, except as noted in (d), below. (a) Front yard, as used in this section, is the space between the principal building on the lot and the front lot line. See definition and graphic in Section 29.406(7)(e). (ii) Side and Rear. Six (6) feet from all property lines and other structures. (iii) Corner and Through Lots. The definition and requirements for a front yard in Section 29.406(7)(e) shall prevail when the subject lot is not an interior lot. (iv) Easements, Utilities, Rights of Way. No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (b) Location. Systems shall be located on the same lot as the building being served. Where there is no principal building, the system is not allowed. (c) Height in Zoning Districts other than General Industrial: Six (6) feet in height maximum in side and rear yards. Four (4) feet in height maximum in front yards. The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. (d) Height in General Industrial zones: Twenty (20) feet in height maximum in front yard provided the front setback of the zoning district is met. Twenty (20) feet in height maximum in side and rear yards provided the required side and rear setbacks (Section 3(a)(ii), above) are met. The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. 6 (e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in height provided the required setbacks of the zoning district are met. (f) Freestanding System Size: (i) Residential Properties. Systems shall not exceed one-tenth (1/10) the footprint of the principal building served or one hundred (100) square feet, whichever is greater. (ii) Non-Residential Properties. Systems shall not exceed the footprint of the Principal building served. Within the General Industrial zone: the footprint of systems may exceed the footprint of the principal building subject to meeting all other development standards. (iii) Lot Coverage. Freestanding systems shall be included in the maximum lot coverage except that up to 40 square feet is allowed regardless of total lot coverage. (iv) Measurement of the system shall be based upon the area of the solar receiving panel, regardless of the adjustment angle of the panel. (4) Residential Attached Solar Energy Systems are permitted to be located on the roof or attached to a building, subject to all of the following: (a) In the case of wall mounting, no part of the system shall project more than five (5) feet from the building. (b) In the case of front wall mounting, attached systems are only allowed subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment. The front wall, as used in this section is defined as any wall coincident with the front yard as defined in Section 29.406(7) (e). (c) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend into any required front setback. (d) No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (e) Systems shall not exceed the maximum height in the zone, for the structure to which it is attached except for projections allowed in (g) below. (f) The building must have a conforming principal use. (g) Roof attached systems may be mounted on principal and accessory building roofs provided they conform to the maximum height standards established in the zone. Additionally, systems shall be mounted parallel to the pitch of the roof and be no higher than 6 inches from the roof surface except that systems not meeting the flush mount requirement may be allowed subject to approval of a Solar Energy System Special Use Permit, provided they do not project more than 5 feet from the roof surface. A system or a portion of a system not visible from abutting street rights of way is exempt from the flush mount requirement, but no part of the system shall project higher than 5 feet from the roof surface. (h) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (i) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (j) There is no surface area size limitation on attached systems, unless otherwise required by a Solar Energy System Special Use Permit. 7 (5) Non-Residential Attached Solar Energy Systems are permitted on the roof of, or attached to a non-residential building, subject to all of the following: (a) For wall mounting, no part of the system shall project more than five (5) feet from the wall. (b) For roof mounting, no part of the system shall project more than ten (10) feet from the roof. (c) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend more than 20 percent into any required front setback. (d) No part of the system shall exceed the maximum height permitted in the zone, for the structure to which it is attached except for the projections allowed in (b) and (c) above. (e) The building must have a conforming principal use. (f) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (g) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (6) Zoning Permit-Exempt systems. The following systems are exempt from zoning permit requirements: (a) Systems in which the cumulative surface area of the system is four (4) square feet or less (b) Systems or building parts integral to the structure, that are passive (Passive Solar Energy Systems) in nature and do not project from the structure (7) Code Compliance. Solar Energy Systems shall comply with all applicable building codes and are not exempt from any such inspections and permits. The applicant or designee is encouraged to meet with the regulatory and utility agencies before purchasing equipment to understand feasibility and code requirements prior to applying for a zoning permit. (8) Solar Access. A property owner who has installed or intends to install a solar energy system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement. The granting of a zoning permit or Special Use Permit by the City does not constitute solar access rights. (9) Historic Districts. All solar energy systems within a historic overlay district are not permitted unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission pursuant to Chapter 31, Municipal Code. None are exempt. (10) Application for Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as needed, to determine compliance with this section. The Zoning Permit application shall include, but not be limited to: (a) A plot plan drawn to scale, showing: (i) Existing structures on the lot (ii) Proposed system (iii) Property lines (iv) Setbacks of existing and proposed structures (v) Rights of way (vi) Utility diagram applicable to proposed system (b) Elevation views and dimensions (c) Manufacturer’s photographs 8 (d) Manufacturer’s spec sheet including capacity (e) Demarcation of dimensions. For systems claiming exemption due to “no-visibility” from abutting street rights of way, the applicant shall place demarcation posts, rods or balloons and schedule an appointment for staff to confirm no visibility. (f) Certificate of Appropriateness from Historic Preservation Commission, if applicable (11) Issuance of Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall review the permit application. If the application is compliant, an approval shall constitute a Solar Energy System Zoning Permit (SES ZP) and the applicant shall then be authorized to seek any other necessary building permits and approvals before installation. Any decision of denial shall be in writing and supported by substantial evidence contained in a written record. The Zoning Permit can be revoked if there is evidence that the system does not comply with the permit. (12) Solar Energy System Special Use Permit (SES SUP): (a) Application. The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as required in this Section and Section 29.1503. The Director can waive any of the submittal requirements of a SES SUP upon request of the applicant, which the Director deems not applicable. (b) Procedure. The procedure shall follow Section 29.1503(a), Special Use Permits. Sections 29.1503(b-d), (Residential Zone Standards, Commercial Zone Standards and Functional Families) shall not apply to the review of SES SUP applications. (c) Review Criteria. To approve a SES SUP, the Zoning Board of Adjustment must find that the proposal conforms to all of the following five criteria (i-v) and either vi. OR vii.: (i) The system will be harmonious with the character of the neighboring properties as they exist on the date of approval, which is defined as properties within 200 feet of the system property (ii) Access to open space (air and light) from the neighboring properties is not significantly reduced (iii) If in a historic district, a Certificate of Appropriateness has been granted by the Historic Preservation Commission (iv) The predominate pattern of building placement, height, orientation and scale among the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered by the system (v) The system conforms with all other city, state and federal regulations AND EITHER (vi) Unique topography, vegetation or lot conditions exist which help to shield the system from the view of neighboring properties and from the street. OR (vii) Placement of the principal building allows the system to be located and operated in a way that helps to shield the system from the view of neighboring properties and from the street. 9 (d) Review and Approval. The Zoning Board of Adjustment can request additional information if insufficient information is presented to determine conformance with the criteria. If approved, the SES SUP can be revoked after a public hearing, if there is evidence that the system does not comply with the provisions of the Special Use Permit. The Board may impose conditions as it deems necessary for the general welfare of the public and for ensuring that the intent and objectives of this Ordinance will be observed. The application shall include the same information required for a SES ZP, and shall also include statements addressing how the application meets the criteria of subsection C above. When a Solar Energy System Special Use Permit is approved, it shall constitute the equivalent of the Solar Energy System Zoning Permit. (13) Site Development Plan Exemption. A Freestanding Solar Energy System is exempt from Site Development Plan requirements if the surface area of the system is less than 150 square feet as measured in this Section. (14) Exception Provisions Not Applicable. An Exception for a Minor Area Modification, as defined in Section 29.1506 shall not be allowed or applicable to Solar Energy Systems. (15) Interconnection: Interconnected Solar Energy Systems are allowed subject to the standards in this section. The applicant is encouraged to work with the applicable utility before purchasing equipment. (16) Abandonment: System use shall be determined abandoned under the provisions of Section 29.307, which requires notice by the Zoning Enforcement Officer to the property owner. The system shall be removed within 90 days of the termination date, at the cost of the property owner. (17) Signage: Any signs on the system shall be limited to one square foot. (18) Commercial systems: A Commercial Solar Energy System is not allowed in the City of Ames. (19) Appearance. The property owner of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall also maintain the ground upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any associated structures remain quality in appearance. (20) Underground Wire Requirement. Wires shall be underground or otherwise concealed, to the greatest extent possible, where crossing open areas. (21) Industry standard: Before any Solar Energy System zoning permit is issued for a Solar Energy System, evidence shall be shown that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system. 10 Attachment B Proposed Zoning Code Requirements for Solar Energy Systems (Staff Recommendation) Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES). Purpose. Solar energy is a clean, readily available and renewable energy source. This section establishes regulations to facilitate the installation and construction of Solar Energy Systems so that systems are safe, effective, and efficient, as well as harmonious with the character of the adjacent area where located. The provisions of this Section apply to the placement, construction and use of “solar energy systems” as defined in this chapter. The following standards shall apply to the development of Solar Energy Systems: (1) Allowed Use. Solar Energy Conversion is an allowed accessory use in all zoning districts pursuant to the standards in this section. (2) District Classifications. (a) Residential Properties. As used in this subsection residential properties include those Zoned RL, RM, UCRM, RH, RLP, FS-RL, FS-RM, and also F-VR, F-PRD, and S- SMD. (b) Non-residential Properties. As used in this subsection, all properties not zoned in the residential classifications above shall be classified as non-residential property. (c) Properties within a Historic District Overlay or a Landmark as identified with Chapter 31, may have additional Certificate of Appropriateness requirements as defined within Chapter 31. (3) Freestanding Solar Energy Systems. (a) Setbacks (i) Front. Solar Energy Systems shall not be located within any required front setback. They may be located in a front yard (beyond the required front setback line) subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment, except as noted in (d), below. (a) Front yard, as used in this section, is the space between the principal building on the lot and the front lot line. See definition and graphic in Section 29.406(7)(e). (ii) Side and Rear. Six (6) feet from all property lines and other structures. (iii) Corner and Through Lots. The definition and requirements for a front yard in Section 29.406(7)(e) shall prevail when the subject lot is not an interior lot. (iv) Easements, Utilities, Rights of Way. No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (b) Location. Systems shall be located on the same lot as the building being served. Where there is no principal building, the system is not allowed. (c) Height in Zoning Districts other than General Industrial: (i) Six (6) feet in height maximum in side and rear yards. (ii) Four (4) feet in height maximum in front yards. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. 11 (d) Height in the General Industrial zones Zoning District: (i) Twenty (20) feet in height maximum in front yard provided the front setback of the zoning district is met. (ii) Twenty (20) feet in height maximum in side and rear yards provided the required side and rear setbacks (Section 3(a)(ii), above) are met. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. (e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in height provided the required setbacks of the zoning district are met. (f) Freestanding System Size: (i) Residential Properties. Systems shall not exceed one-tenth (1/10) the footprint of the principal building served or one hundred (100) square feet, whichever is greater. (ii) Non-Residential Properties. (a) Systems shall not exceed the footprint of the Principal building served. (b) Within the General Industrial zone: the footprint of systems may exceed the footprint of the principal building subject to meeting all other development standards. (iii) Lot Coverage. Freestanding systems shall be included in the maximum lot coverage except that up to 40 square feet is allowed regardless of total lot coverage. (iv) Measurement of the system shall be based upon the area of the solar receiving panel, regardless of the adjustment angle of the panel. (4) Wall-Mounted Solar Energy Systems. (a) Residential (i) In the case of wall mounting, no No part of the system shall project more than five (5) feet from the building. (ii) In the case of front wall mounting, attached systems are only allowed subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment. The front wall, as used in this section is defined as any wall coincident with the front yard as defined in Section 29.406(7)(e). (iii) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend into any required front setback. (iv) No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (v) Systems shall not exceed the maximum height in the zone, for the structure to which it is attached except for projections allowed in (g) below. (vi) The building must have a conforming principal use. (vii) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (viii) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (ix) There is no surface area size limitation on attached systems, unless otherwise required by a Solar Energy System Special Use Permit. 12 (b) Non-Residential (i) For wall mounting, no No part of the system shall project more than five (5) feet from the wall. For roof mounting, no part of the system shall project more than ten (10) feet from the roof. (ii) Setbacks. (a) No part of the system shall extend more than 50 percent into any required side or rear setback. (b) No part of the system shall extend more than 20 percent into any required front setback. (iii) No part of the system shall exceed the maximum height permitted in the zone for the structure to which it is attached except for the projections allowed in (b) and (c) (ii) above. (iv) The building must have a conforming principal use. (v) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (vi) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (5) Roof-Mounted Solar Energy Systems. Residential and non-residential roof mounted are subject to the following standards. (a) No Roof-Mounted Solar Energy System may project beyond the edge of the roof or eaves. (b) Roof-Mounted Solar Energy Systems are allowed on structures that project into minimum setbacks. Roof attached systems may be mounted on principal and accessory building roofs provided they conform to the maximum height standards established in the zone. Additionally, systems shall be mounted parallel to the pitch of the roof and be no higher than 6 inches from the roof surface except that systems not meeting the flush mount requirement may be allowed subject to approval of a Solar Energy System Special Use Permit, provided they do not project more than 5 feet from the roof surface. A system or a portion of a system not visible from abutting street rights of way is exempt from the flush mount requirement, but no part of the system shall project higher than 5 feet from the roof surface. (6) Zoning Permit-Exempt Systems. The following systems are exempt from zoning permit requirements: (a) Systems in which the cumulative surface area of the system is four (4) square feet or less. (b) Systems or building parts integral to the structure, that are passive (Passive Solar Energy Systems) in nature and do not project from the structure. (c) Roof-Mounted Systems for all uses. (7) Code Compliance. Solar Energy Systems shall comply with all applicable building codes and are not exempt from any such inspections and permits. The applicant or designee is encouraged to meet with the regulatory and utility agencies before purchasing equipment to understand feasibility and code requirements prior to applying for a zoning permit. (8) Solar Access. A property owner who has installed or intends to install a solar energy system shall be responsible for negotiating with other property owners in the vicinity for any 13 necessary solar easement. The granting of a zoning permit or Special Use Permit by the City does not constitute solar access rights. (9) Historic Districts. All solar energy systems within a historic overlay district are not permitted unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission pursuant to Chapter 31, Municipal Code. None are exempt. (10) Application for Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as needed, to determine compliance with this section. The Zoning Permit application shall include, but not be limited to: (a) A plot plan drawn to scale, showing: (i) Existing structures on the lot (ii) Proposed system (iii) Property lines (iv) Setbacks of existing and proposed structures (v) Rights of way (vi) Utility diagram applicable to proposed system (b) Elevation views and dimensions (c) Manufacturer’s photographs (d) Manufacturer’s spec sheet including capacity (e) Demarcation of dimensions. For systems claiming exemption due to “no-visibility” from abutting street rights of way, the applicant shall place demarcation posts, rods or balloons and schedule an appointment for staff to confirm no visibility. (f) Certificate of Appropriateness from Historic Preservation Commission, if applicable (11) Issuance of Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall review the permit application. If the application is compliant, an approval shall constitute a Solar Energy System Zoning Permit (SES ZP) and the applicant shall then be authorized to seek any other necessary building permits and approvals before installation. Any decision of denial shall be in writing and supported by substantial evidence contained in a written record. The Zoning Permit can be revoked if there is evidence that the system does not comply with the permit. (12) Solar Energy System Special Use Permit (SES SUP): (a) Application. The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as required in this Section and Section 29.1503. The Director can waive any of the submittal requirements of a SES SUP upon request of the applicant, which the Director deems not applicable. (b) Procedure. The procedure shall follow Section 29.1503(a), Special Use Permits. Sections 29.1503(b-d), (Residential Zone Standards, Commercial Zone Standards and Functional Families) shall not apply to the review of SES SUP applications. (c) Review Criteria. To approve a SES SUP, the Zoning Board of Adjustment must find that the proposal conforms to all of the following five criteria (i-v) and either vi. OR vii.: (i) The system will be harmonious with the character of the neighboring properties as they exist on the date of approval, which is defined as properties within 200 feet of the system property (ii) Access to open space (air and light) from the neighboring properties is not significantly reduced 14 (iii) If in a historic district, a Certificate of Appropriateness has been granted by the Historic Preservation Commission (iv) The predominate pattern of building placement, height, orientation and scale among the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered by the system (v) The system conforms with all other city, state and federal regulations AND EITHER (vi) Unique topography, vegetation or lot conditions exist which help to shield the system from the view of neighboring properties and from the street. OR (vii) Placement of the principal building allows the system to be located and operated in a way that helps to shield the system from the view of neighboring properties and from the street. (d) Review and Approval. The Zoning Board of Adjustment can request additional information if insufficient information is presented to determine conformance with the criteria. If approved, the SES SUP can be revoked after a public hearing, if there is evidence that the system does not comply with the provisions of the Special Use Permit. The Board may impose conditions as it deems necessary for the general welfare of the public and for ensuring that the intent and objectives of t his Ordinance will be observed. The application shall include the same information required for a SES ZP, and shall also include statements addressing how the application meets the criteria of subsection C above. When a Solar Energy System Special Use Permit is approved, it shall constitute the equivalent of the Solar Energy System Zoning Permit. (13) Site Development Plan Exemption. A Freestanding Solar Energy System is exempt from Site Development Plan requirements if the surface area of the system is less than 150 square feet as measured in this Section. (14) Exception Provisions Not Applicable. An Exception for a Minor Area Modification, as defined in Section 29.1506 shall not be allowed or applicable to Solar Energy Systems. (15) Interconnection: Interconnected Solar Energy Systems are allowed subject to the standards in this section. The applicant is encouraged to work with the applicable utility before purchasing equipment. (16) Abandonment: System use shall be determined abandoned under the provisions of Section 29.307, which requires notice by the Zoning Enforcement Officer to the property owner. The system shall be removed within 90 days of the termination date, at the cost of the property owner. (17) Signage: Any signs on the system shall be limited to one square foot. (18) Commercial systems: A Commercial Solar Energy System is not allowed in the City of Ames under this Section. (19) Appearance. The property owner of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall also maintain the ground upon which the 15 system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any associated structures remain quality in appearance. (20) Underground Wire Requirement. Wires shall be underground or otherwise concealed, to the greatest extent possible, where crossing open areas. (21) Industry standards: Before any Solar Energy System zoning permit is issued for a Solar Energy System, evidence shall be shown that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system. 16 Attachment C Proposed Zoning Code Requirements for Solar Energy Systems (Planning and Zoning Commission Recommendation) Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES). Purpose. Solar energy is a clean, readily available and renewable energy source. This section establishes regulations to facilitate the installation and construction of Solar Energy Systems so that systems are safe, effective, and efficient, as well as harmonious with the character of the adjacent area where located. The provisions of this Section apply to the placement, construction and use of “solar energy systems” as defined in this chapter. The following standards shall apply to the development of Solar Energy Systems: (1) Allowed Use. Solar Energy Conversion is an allowed accessory use in all zoning districts pursuant to the standards in this section. (2) District Classifications. (a) Residential Properties. As used in this subsection residential properties include those Zoned RL, RM, UCRM, RH, RLP, FS-RL, FS-RM, and also F-VR, F-PRD, and S- SMD. (b) Non-residential Properties. As used in this subsection, all properties not zoned in the residential classifications above shall be classified as non-residential property. (c) Properties within a Historic District Overlay or a Landmark as identified with Chapter 31, may have additional Certificate of Appropriateness requirements as defined within Chapter 31. (3) Freestanding Solar Energy Systems. (a) Setbacks (i) Front. Solar Energy Systems shall not be located within any required front setback. They may be located in a front yard (beyond the required front setback line) subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment, except as noted in (d), below. (a) Front yard, as used in this section, is the space between the principal building on the lot and the front lot line. See definition and graphic in Section 29.406(7)(e). (ii) Side and Rear. Six (6) feet from all property lines and other structures. (iii) Corner and Through Lots. The definition and requirements for a front yard in Section 29.406(7)(e) shall prevail when the subject lot is not an interior lot. (iv) Easements, Utilities, Rights of Way. No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (b) Location. Systems shall be located on the same lot as the building being served. Where there is no principal building, the system is not allowed. (c) Height in Zoning Districts other than General Industrial: (i) Six (6) feet in height maximum in side and rear yards. (ii) Four (4) feet in height maximum in front yards. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. 17 (d) Height in the General Industrial zones Zoning District: (i) Twenty (20) feet in height maximum in front yard provided the front setback of the zoning district is met. (ii) Twenty (20) feet in height maximum in side and rear yards provided the required side and rear setbacks (Section 3(a)(ii), above) are met. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. (e) Height in Non-Residential zones if placed over a parking area: Twenty (20) feet in height provided the required setbacks of the zoning district are met. (f) Freestanding System Size: (i) Residential Properties. Systems shall not exceed one-tenth (1/10) the footprint of the principal building served or one hundred (100) square feet, whichever is greater. (ii) Non-Residential Properties. (a) Systems shall not exceed the footprint of the Principal building served. (b) Within the General Industrial zone: the footprint of systems may exceed the footprint of the principal building subject to meeting all other development standards. (iii) Lot Coverage. Freestanding systems shall be included in the maximum lot coverage except that up to 40 square feet is allowed regardless of total lot coverage. (iv) Measurement of the system shall be based upon the area of the solar receiving panel, regardless of the adjustment angle of the panel. (4) Wall-Mounted Solar Energy Systems. (a) Residential (i) In the case of wall mounting, no No part of the system shall project more than five (5) feet from the building. (ii) In the case of front wall mounting, attached systems are only allowed subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment. The front wall, as used in this section is defined as any wall coincident with the front yard as defined in Section 29.406(7)(e). (iii) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend into any required front setback. (iv) No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (v) Systems shall not exceed the maximum height in the zone, for the structure to which it is attached except for projections allowed in (g) below. (vi) The building must have a conforming principal use. (vii) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (viii) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (ix) There is no surface area size limitation on attached systems, unless otherwise required by a Solar Energy System Special Use Permit. 18 (b) Non-Residential (i) For wall mounting, no No part of the system shall project more than five (5) feet from the wall. (ii) Setbacks. (a) No part of the system shall extend more than 50 percent into any required side or rear setback. (b) No part of the system shall extend more than 20 percent into any required front setback. (iii) No part of the system shall exceed the maximum height permitted in the zone for the structure to which it is attached except for the projections allowed in (ii) above. (iv) The building must have a conforming principal use. (v) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (vi) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (5) Roof-Mounted Solar Energy Systems. (a) Residential (i) Systems shall not exceed the maximum height in the zone, for the structure to which it is attached except for projections allowed in (g) below. (ii) The building must have a conforming principal use. (iii) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (iv) Roof attached systems may be mounted on principal and accessory building roofs provided they conform to the maximum height standards established in the zone. (v) Additionally, s Systems shall be mounted: (a) parallel to the pitch of the roof and (b) be no higher than 6 inches from the roof surface. (vi) except that s Systems not meeting the flush mount requirement of this section may be allowed subject to approval of a Solar Energy System Special Use Permit, provided they do not project more than 5 feet from the roof surface. (vii) A system or a portion of a system not visible from abutting street rights of way is exempt from the flush mount requirement, but no part of the system shall project higher than 5 feet from the roof surface. (viii) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (ix) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (x) There is no surface area size limitation on attached systems, unless otherwise required by a Solar Energy System Special Use Permit. (b) Commercial (i) For roof mounting, no No part of the system shall project more than ten (10) feet from the roof. (ii) Setbacks. 19 (a) No part of the system shall extend more than 50 percent into any required side or rear setback. (b) No part of the system shall extend more than 20 percent into any required front setback. (iii) No part of the system shall exceed the maximum height permitted in the zone for the structure to which it is attached except for the projections allowed in (ii) above. (iv) The building must have a conforming principal use. (v) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (vi) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (c) All Roof-Mounted (i) No Roof-Mounted Solar Energy System may project beyond the edge of the roof or eaves. (ii) Roof-Mounted Solar Energy Systems are allowed on structures that project into minimum setbacks. (6) Zoning Permit-Exempt Systems. The following systems are exempt from zoning permit requirements: (a) Systems in which the cumulative surface area of the system is four (4) square feet or less. (b) Systems or building parts integral to the structure, that are passive (Passive Solar Energy Systems) in nature and do not project from the structure. (7) Code Compliance. Solar Energy Systems shall comply with all applicable building codes and are not exempt from any such inspections and permits. The applicant or designee is encouraged to meet with the regulatory and utility agencies before purchasing equipment to understand feasibility and code requirements prior to applying for a zoning permit. (8) Solar Access. A property owner who has installed or intends to install a solar energy system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement. The granting of a zoning permit or Special Use Permit by the City does not constitute solar access rights. (9) Historic Districts. All solar energy systems within a historic overlay district are not permitted unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission pursuant to Chapter 31, Municipal Code. None are exempt. (10) Application for Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as needed, to determine compliance with this section. The Zoning Permit application shall include, but not be limited to: (a) A plot plan drawn to scale, showing: (i) Existing structures on the lot (ii) Proposed system (iii) Property lines (iv) Setbacks of existing and proposed structures (v) Rights of way (vi) Utility diagram applicable to proposed system (b) Elevation views and dimensions 20 (c) Manufacturer’s photographs (d) Manufacturer’s spec sheet including capacity (e) Demarcation of dimensions. For systems claiming exemption due to “no-visibility” from abutting street rights of way, the applicant shall place demarcation posts, rods or balloons and schedule an appointment for staff to confirm no visibility. (f) Certificate of Appropriateness from Historic Preservation Commission, if applicable (11) Issuance of Solar Energy System Zoning Permit (SES ZP) The Planning & Housing Director shall review the permit application. If the application is compliant, an approval shall constitute a Solar Energy System Zoning Permit (SES ZP) and the applicant shall then be authorized to seek any other necessary building permits and approvals before installation. Any decision of denial shall be in writing and supported by substantial evidence contained in a written record. The Zoning Permit can be revoked if there is evidence that the system does not comply with the permit. (12) Solar Energy System Special Use Permit (SES SUP): (a) Application. The Planning & Housing Director shall prescribe the application form and any necessary submittal requirements, as required in this Section and Section 29.1503. The Director can waive any of the submittal requirements of a SES SUP upon request of the applicant, which the Director deems not applicable. (b) Procedure. The procedure shall follow Section 29.1503(a), Special Use Permits. Sections 29.1503(b-d), (Residential Zone Standards, Commercial Zone Standards and Functional Families) shall not apply to the review of SES SUP applications. (c) Review Criteria. To approve a SES SUP, the Zoning Board of Adjustment must find that the proposal conforms to all of the following five criteria (i-v) and either vi. OR vii.: (i) The system will be harmonious with the character of the neighboring properties as they exist on the date of approval, which is defined as properties within 200 feet of the system property (ii) Access to open space (air and light) from the neighboring properties is not significantly reduced (iii) If in a historic district, a Certificate of Appropriateness has been granted by the Historic Preservation Commission (iv) The predominate pattern of building placement, height, orientation and scale among the neighboring properties and general area beyond the neighboring properties will not be negatively impacted or altered by the system (v) The system conforms with all other city, state and federal regulations AND EITHER (vi) Unique topography, vegetation or lot conditions exist which help to shield the system from the view of neighboring properties and from the street. OR (vii) Placement of the principal building allows the system to be located and operated in a way that helps to shield the system from the view of neighboring properties and from the street. 21 (d) Review and Approval. The Zoning Board of Adjustment can request additional information if insufficient information is presented to determine conformance with the criteria. If approved, the SES SUP can be revoked after a public hearing, if there is evidence that the system does not comply with the provisions of the Special Use Permit. The Board may impose conditions as it deems necessary for the general welfare of the public and for ensuring that the intent and objectives of this Ordinance will be observed. The application shall include the same information required for a SES ZP, and shall also include statements addressing how the application meets the criteria of subsection C above. When a Solar Energy System Special Use Permit is approved, it shall constitute the equivalent of the Solar Energy System Zoning Permit. (13) Site Development Plan Exemption. A Freestanding Solar Energy System is exempt from Site Development Plan requirements if the surface area of the system is less than 150 square feet as measured in this Section. (14) Exception Provisions Not Applicable. An Exception for a Minor Area Modification, as defined in Section 29.1506 shall not be allowed or applicable to Solar Energy Systems. (15) Interconnection: Interconnected Solar Energy Systems are allowed subject to the standards in this section. The applicant is encouraged to work with the applicable utility before purchasing equipment. (16) Abandonment: System use shall be determined abandoned under the provisions of Section 29.307, which requires notice by the Zoning Enforcement Officer to the property owner. The system shall be removed within 90 days of the termination date, at the cost of the property owner. (17) Signage: Any signs on the system shall be limited to one square foot. (18) Commercial systems: A Commercial Solar Energy System is not allowed in the City of Ames under this Section. (19) Appearance. The property owner of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system. The owner shall also maintain the ground upon which the system is located in an orderly manner, such that is free of debris, tall grass and weeds, and any associated structures remain quality in appearance. (20) Underground Wire Requirement. Wires shall be underground or otherwise concealed, to the greatest extent possible, where crossing open areas. (21) Industry standards: Before any Solar Energy System zoning permit is issued for a Solar Energy System, evidence shall be shown that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system. ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.1309 THEREOF, FOR THE PURPOSE OF REGULATNG SOLAR ENERGY SYSTEMS AND ROOF-MOUNTED SOLAR PANELS 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 amending Section 29.1309 as follows: “ Sec. 29.1309 SOLAR ENERGY SYSTEMS (SES). … (2) District Classifications. … (b) Non-residential Properties. As used in this subsection, all properties not zoned in the residential classifications above shall be classified as non- residential property. (c) Properties within a Historic District Overlay or a Landmark as identified with Chapter 31, may have additional Certificate of Appropriateness requirements as defined within Chapter 31. (3) Freestanding Solar Energy Systems: … (c) Height in Zoning Districts other than General Industrial: (i) Six (6) feet in height maximum inside and rear yards. (ii) Four (4) feet in height maximum in front yards. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. (d) Height in the General Industrial Zoning District: (i) Twenty (20) feet in height maximum in front yard provided the front setback of the zoning district is met. (ii) Twenty (20) feet in height maximum inside and rear yards provided the required side and rear setbacks (Section 3(a)(ii), above) are met. (iii) The height shall be measured from the grade at system base to the highest peak, including the highest position of any adjustable system. … (f) Freestanding System Size: … (ii) Non-Residential Properties. (a) Systems shall not exceed the footprint of the principal building served. (b) Within the General Industrial zone: the footprint of systems may exceed the footprint of the principal building subject to meeting all other development standards. … (4) Wall-Mounted Solar Energy Systems (a) Residential (i) No part of the system shall project more than five (5) feet from the building. (ii) In the case of front wall mounting, attached systems are only allowed subject to approval of a Solar Energy System Special Use Permit by the Zoning Board of Adjustment. The front wall, as used in this section is defined as any wall coincident with the front yard as defined in Section 29.406(7) (e). (iii) No part of the system shall extend more than 50 percent into any required side or rear setback. No part of the system shall extend into any required front setback. (iv) No portion of any solar energy system shall extend into any easement, right of way or public way, regardless of above stated exceptions and regulations for setback and yard requirements. (v) Systems shall not exceed the maximum height in the zone, for the structure to which it is attached. (vi) The building must have a conforming principal use. (vii) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (viii) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (ix) There is no surface area size limitation on attached systems, unless otherwise required by a Solar Energy System Special Use Permit. (b) Non-Residential (i) No part of the system shall project more than five (5) feet from the wall. (ii) Setbacks (a) No part of the system shall extend more than 50 percent into any required side or rear setback. (b) No part of the system shall extend more than 20 percent into any required front setback. (iii) No part of the system shall exceed the maximum height permitted in the zone for the structure to which it is attached except for the projections allowed in (ii) above. (iv) The building must have a conforming principal use. (v) Section 29.401(5), pertaining to height exceptions for architectural features and projections shall not apply. (vi) Section 29.402(2), pertaining to exceptions for projections into required setbacks shall not apply. (5) Roof-Mounted Solar Energy Systems. Residential and non-residential roof- mounted systems are subject to the following standards. (a) No Roof-Mounted Solar Energy System may project beyond the edge of the roof or eaves. (b) Roof-Mounted Solar Energy Systems are allowed on structures that project into minimum setbacks. (6) Zoning Permit-Exempt Systems. The following systems are exempt from zoning permit requirements: … (c) Roof-Mounted Systems for all uses. … (9) Historic Districts. All solar energy systems within a historic overlay district are not permitted unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission pursuant to Chapter 31, Municipal Code. None are exempt … (17) Commercial systems: A Commercial Solar Energy System is not allowed in the City of Ames under this Section. … (21) Industry standard: Before any Solar Energy System zoning permit is issued for a Solar Energy System, evidence shall be shown that the system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard applicable to the technology and materials of the system.” 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 1 ITEM #: 37 DATE: 03-14-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2021/22 ACCESSIBILITY ENHANCEMENT PROGRAM BACKGROUND: This annual program provides sidewalk and pedestrian ramp improvements along with additional accessibility upgrades at traffic signals and other publicly owned parking facilities meet the Americans with Disabilities Act (ADA) requirements. It can also include retrofitting existing signalized traffic control devices with audible and vibrotactile pu sh buttons, as well as upgrading public parking stalls to current accessibility standards. Whenever possible, this program is combined with and used in conjunction with other roadway, traffic signal replacement, or shared use path improvement projects. Thi s program provides safer pedestrian facilities, improves ADA accessibility, and limits the City’s liability for residents using public sidewalks in a deteriorated condition. This project will make pedestrian ramp improvements and push button upgrades at the following intersections: Duff Ave & Main Street, Duff Ave & 6th Street, Duff Ave & 9th Street, Duff Ave & 11th Street, and South Dakota Ave & Mortensen Road. On March 8, 2023, bids were received for this project as follows: Bidder Total Bid Engineer’s Estimate $172,525.00 Caliber Concrete LLC $179,758.01 TK Concrete, Inc. $238,700.00 Revenues and expenses for this project are as follows: Revenues Expenses 2021/22 Accessibility Enhancement CIP: Road Use Tax Local Option Tax $ 72,267 87,000 Administration $ 15,000.00 Design 31,345.00 2020/21 Vet Med Trail Savings (Local Option) 120,000 Pushbuttons & Poles (Est.) 46,000.00 Construction (Low Bid) 179,758.01 Total $ 279,267 Total $ 272,103.01 2 ALTERNATIVES: 1. a. Accept the report of bids for the 2021/22 Accessibility Enhancement Program project. b. Approve the final plans and specifications for this project. c. Award the 2021/22 Accessibility Enhancement Program to Caliber Concrete LLC of Adair, Iowa in the amount of $179,758.01. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER’S RECOMMENDED ACTION: By awarding this project, it will be possible to move forward with upgrades to the pedestrian transportation network. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1a-c, as noted above. ITEM #: 38 DATE: 03-8-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 ASPHALT STREET PAVEMENT IMPROVEMENTS – (OAKWOOD RD) BACKGROUND: This is the annual program for reconstruction or rehabilitation of deteriorated asphalt streets to prevent premature breakdown of the pavement and increasing maintenance costs. For this project, full-depth reconstruction is necessary due to sections of structural pavement failure. This project is located on Oakwood Rd from University Boulevard to Timberland Rd (map attached). Oakwood Rd will be widened to three lanes to accommodate the large turning volumes in the corridor. Curb and gutter will be constructed for the length of the project as well. To improve pedestrian safety, the project will provide updated ADA ramps with enhanced crosswalks and additional pedestrian crossings for the Timberland Rd and Woodview Rd neighborhoods. A rapid flashing beacon will be placed at Green Hills Drive intersection. Improvements will be made to the existing shared use path as well, including relocation of the trail crossing at Cedar Ln to improve safety and raising of the trail near Wessex Dr. A new 24’’ storm sewer will be constructed which will reduce flooding and ponding on both the north and south side of Oakwood Rd. The project will also include the upsizing and replacement of select storm intakes. On March 8, 2023, bids for the project were received as follows: Bidder Base Bid Engineer’s Estimate $1,969,260.90 Con-Struct Inc $2,034,969.90 All Star Concrete $2,249,712.35 Estimated costs and revenues are shown below: Available Revenue Estimated Expenses 2022/23 Asphalt Pav Improv G.O. Bonds $3,000,000 2023/24 Storm Water Improvement Program 200,000 Shared Use Path Expansion/Maintenance savings* 69,433 28th St Project Contract Amount $ 846,926.84 Oakwood Rd (Low Bid) 2,034,969.90 Engineering/Administration 385,000.00 TOTALS $ 3,269,433 $ 3,266,896.74 *The savings identified is from: - $31,918 from 2018/19 Shared Use Path Expansion/Beedle to Franklin Park - $37,515 from 13th/Clark Multi-Modal Improvements ALTERNATIVES: 1. a. Accept the report of bids for the 2022/23 Asphalt Street Pavement Improvements (Oakwood Rd) project. b. Approve the final plans and specifications for this project. c. Award the 2022/23 Asphalt Street Pavement Improvements (Oakwood Rd) project to Con-Struct Inc, of Ames, Iowa, in the amount of $2,034,969.90. 2. Do not proceed with this project. CITY MANAGER’S RECOMMENDED ACTION: Accepting the report of bids and awarding the project will result in lower street maintenance costs, improved drainage, and a better neighborhood aesthetic. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1a-c, as described above. WV UB SB UB SB SBSBSB WV UBSB UB WV WV SB SB SB EBUBUB EB UB SB UB SB UB SB EB EB SB UB UB UB SBSBUB WV WVWV UB UB UBSBSBSB SB SBSBSBSB SB UB WV WV UB SBSBSB EB SBSBSBSBSBSB SBSB SB SB SBSB SBSB SBSB 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 UB UB UB UB UB TP UB EB TP UB UB WV WV EB UB WV UB UB EB TP EB WV WVWV WVWV UB UB EB EB 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PROJECT FEATURES 2%2% 3%3% 2'2' 8" P.C. CONCRETE PAVEMENT 6" MODIFIED SUBBASE 12" SUBGRADE PREPARATION CL 6" Subdrain 39' 13.5' 11' LANE 12' LANE 11' LANE 4'4' 80' R.O.W. & Varies 50 1000 50 1000 TIM B ER LA N D R D C ED A R LA N E W O O D V IEW D R . W H ITE O AK DR. G R EEN H ILLS D R . G R EEN H ILLS D R . EN TR A N C E EN TR A N C E EN TR A N C E U N IV ER SITY B LV D . AIRPORT RD. TO STATE AVE. M A TC H LIN E M ATC H LIN E M ATC H LIN E M A TCH LIN E PHASE 2 CONSTRUCTIONPHASE 3 CONSTRUCTIONPHASE 3 CONSTRUCTIONPHASE 1 CONSTRUCTION PHASE 2 CONSTRUCTION PHASE 2 CONSTRUCTION D R IV E OAKWOOD ROAD PROPOSED TYPICAL STREET CROSS SECTION Through Lane 19.5' Turn Lane Through Lane 2.5:1 (INCORPORATING PUBLIC COMMENTS AND FURTHER DESIGN WITH ADDITIONAL FUNDING) SEE NOTE SHARED-USE PATH EXISTING THE PROJECT MEETS AMERICAN DISABILITY ACT AND OVERALL, ENHANCES SAFETY FOR TRAFFIC AND PEDESTRIANS. REPLACES POOR CONDITION PAVEMENT AND RAISES THE SHARED USE PATH IN THE LOW AREA WEST OF UNIVERSITY BLVD. PROVIDES ENHANCED CROSSING LOCATIONS WITH CROSSWALK BARS FOR OAKWOOD RD. CROSSINGS. ADDITIONAL SEPARATION AND CURB IS PROVIDED FROM THE SHARED USE PATH BETWEEN WHITE OAK DR. AND GREEN HILLS DR. PROVIDES ACCESSIBLE PATHS AND CROSSINGS FROM TIMBERLAND RD. AND WOODVIEW DR. TO THE OAKWOOD RD. SHARED USE PATH. 4. IMPROVES SIDEWALK AND SHARED USE PATH CONNECTIONS AND CONDITIONS. ADDS RAPID FLASHING BEACONS AT GREEN HILLS DR. IMPACTS OF ANY PARTICULAR STORM EVENT. THE PROPOSED ADDITIONAL CAPACITY REDUCES THE PROBABILITY OF LOW AREA PONDING BY AN ESTIMATED 50%, AND REDUCES FLOODING WHITE OAK DR., SUNCREST DR., SUNDOWN DR., COTTONWOOD RD. (NEAR WHITE OAK DR.), CEDAR LANE, AND TIMBERLAND ROAD. CAPACITY THAT LOWERS UPSTREAM FLOODING IMPACTS OF LOW POINT AREAS ADJACENT TO OAKWOOD RD., WOODVIEW DR., 3. PROVIDES AN ADDITIONAL STORM SEWER TRUNK LINE ALONG OAKWOOD RD. THAT PROVIDES AN APPROXIMATE ADDITIONAL 30% STORM SEWER HIGHER LEVEL OF SERVICE BEING A PRIMARY CONNECTION TO THE ROUNDABOUT INTERSECTION WITH UNIVERSITY BLVD. AND AIRPORT RD. IN TERMS OF FEWER CONFLICT POINTS AND IMPROVED TRAFFIC FLOW AT TURNING LOCATIONS. OAKWOOD ROAD TRAFFIC WILL OPERATE AT A 2. PROVIDES TWO-WAY LEFT TURN LANE FOR 11 LEFT TURNS IN AN AREA WITH INCREASING TRAFFIC. THIS ENHANCES OVERALL SAFETY TO THE HIGHEST TRAFFIC. PROJECT FUNDING IS ALLOCATED TO IMPROVEMENTS WHERE THEY ARE NEEDED MOST. 1. REPLACES DETERIORATING PAVEMENT IN AREAS ALONG OAKWOOD RD. FROM STATE AVE. TO UNIVERSITY BLVD. SUBJECTED no less than 3.5 feet clear of the curb. Note: Reconstructed shared use path to be N O R TH EN TRA N C E W ESSEX OAKWOOD RD.OAKWOOD RD. OAKWOOD RD. OAKWOOD ROAD IMPROVEMENTS ITEM #: 39 DATE: 03-14-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 CONCRETE PAVEMENT IMPROVEMENTS – (BROOKRIDGE AVE, RIDGEWOOD AVE, LEE ST, 9TH ST, PARK WAY, & ALLEY) BACKGROUND: This annual program utilizes current repair and reconstruction techniques to improve concrete streets. These pavement improvements are needed to restore structural integrity, serviceability, and rideability. Targeted streets are reaching a point of accelerated deterioration. By improving these streets prior to excessive problems, the service life will be extended. This project includes the replacement of the existing street pavement with 8” concrete or 9” asphalt, upgrading the pedestrian facilities to meet the current federal regulations, repairing storm/sanitary sewers, and replacing the existing 6” water main with a new 8” water main on Ridgewood Avenue and 9th St. Existing lead water services will also be replaced. Plans and specifications for this project were completed by WHKS of Ames, Iowa and city staff with a base bid and then alternatives for the type of pavement. Alternative 1 will be for using concrete and Alternative 2 is for using asphalt. A table of total estimated costs for each Alternative is shown below: Base + Alt 1 (Concrete) Base + Alt 2 (Asphalt) Base Bid $ 3,054,862.75 $ 3,054,862.75 Paving Alternative $ 1,145,396.00 $ 1,178,948.70 Construction Subtotal $ 4,200,258.75 $ 4,233,811.45 Engineering $ 840,000.00 $ 847,000.00 Total Project Costs $ 5,040,258.75 $ 5,080,811.45 On March 8, 2023, bids for the project were received as follows: Bidder Base + Alt 1 Base + Alt 2 Amount Amount Engineer’s estimate $4,200,258.75 $4,233,811.45 Shekar Engineering, PLC $4,203,260.58 $4,353,430.69 Manatts Inc. N/A $5,150,981.64 All Star Concrete, LLC $5,282,373.27 N/A Revenue and expenses associated with this program are estimated as follows: Funding Source Available Revenue Estimated Expenses 2022/23 Concrete Improvements (G.O. Bonds) $ 3,600,000 2022/23 Water System Improvements (Water Fund) 2022/23 & 23/24 Alley Improvements (G.O. Bonds) 2022/23 Sanitary Sewer Improvements (Sewer Fund) $ 650,000 $ 800,000 $ 400,000 Construction (Low Bid: Base + Alt 1) $ 4,203,260.58 WHKS Engineering $ 312,400.00 Engineering Administration $ 527,600.00 TOTAL $ 5,450,000 $ 5,043,260.58 ALTERNATIVES: 1. a. Accept the report of bids for the 2022/23 Concrete Pavement Improvements (Brookridge Ave, Ridgewood Ave, Lee St, 9th St, Park Way & Alley) Project. b. Delay the award of bid and allow staff to gather more information to determine if the low bidder is a responsible bidder. 2. Award the 2022/23 Concrete Pavement Improvements – (Brookridge Ave, Ridgewood Ave, Lee St, 9th St, Park Way & Alley) project to Shekar Engineering, P.L.C. of Ames, Iowa, in the amount of $4,203,260.58. This alternative will not provide city staff enough time to exercise all due diligence. 3. Award the contract to one of the other bidders. 4. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: This project advances City Council’s commitment to improve city streets. This project will result in lower street maintenance costs, improve area drainage, and provide a better neighborhood aesthetic. However, the low bidder is a new contractor that does not have prior construction contract experience with the City of Ames. Delay of award will allow staff time to exercise all due diligence prior to taking further action. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: 40 DATE: 3-14-23 DEPT: ELEC COUNCIL ACTION FORM SUBJECT: AIRPORT UNDERGROUND ELECTRIC LINE CROSSING BACKGROUND: Recent additions to the Bricktowne Development along S. Duff Avenue and the ISU Research Park have placed increased demand on the City’s electric system south of U.S. Hwy. 30. To support this growth and provide for increased reliability, Electric Services staff plans to install a buried electric line that would cross underneath the Ames Airport and would tie the feeder serving the ISU Research Park (South Riverside Drive) to South Duff Avenue, via the Bricktowne Development. On January 24, 2023, City Council approved preliminary plans and specifications for Airport Underground Line Crossing. This will allow a contractor to install the substructure (conduit and vaults) for this line. Bid documents were issued to nine firms and two plan rooms. The bid was advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Not ice was published on the websites of a contractor plan room service with statewide circulation. On March 1, 2023, two bids were received. BIDDER TOTAL BID Voltmer Inc. Decorah, IA $ 217,375.00 Intren, Inc. Des Moines, IA Non-Responsive Engineer’s Estimate $ 200,000.00 Staff reviewed the bids and concluded that the apparent low base bid submitted by Voltmer Inc. in the amount of $217,315.00 (inclusive of Iowa sales tax) is acceptable. The FY 2022/23 Operating Budget for Underground System Improvements includes $331,000 for this work. The cable will be taken from inventory and charged to this project. 2 ALTERNATIVES: 1. Accept final plans and specifications and award a contract to Voltmer Inc, Decorah, IA, for the Airport Underground Line Crossing, in the amount of $217,375. 2. Reject bids and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to support existing and future growth south of U.S. 30. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 1 ITEM #: 41 DATE: 03-14-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: REPORT OF BIDS FOR NORTH RIVER VALLEY WELL FIELD AND PIPELINE PROJECT BACKGROUND: The City’s source water management strategy since the mid-1970s has been to avoid a need to ration water when experiencing a drought similar to that experienced in 1975 -76. As old wells fail and need to be replaced, and as demand for treated water increases, additional water supply wells must be constructed. The North River Valley Well Field and Pipeline Project will provide a combination of new and replacement water supply capacity. The potential for a productive aquifer formation in the flood plain to the north and east of the Skunk River was identified through detailed hydraulic modeling, which was subsequently confirmed by drilling test wells. Water quality was also tested, which confirmed the absence of PFAS compounds, and found the groundwater to be suitable as a drinking water supply. The project will construct three new wells and an interconnecting pipeline to the Water Treatment Plant. It will also include new fiber optic communication conveyed to the Water Treatment Plant for well controls and security measures. The three new wells, to be located north of North River Valley Park, will be connected to the existing standby generator located at the Water Treatment Plant to provide emergency power to the wells. This project was previously bid in May 2019, but the bids that were received were significantly greater than the engineers’ estimates at the time ($6,696,665 versus $4,996,085), predominately due to the electrical work required. A new Notice to Bidders was issued on January 24, 2023. The electrical portion was revised to connect to an existing generator at the Water Plant instead of adding a separate generator at the wells. Three bids were received, with one being non-responsive for failing to provide a price for the Division 1 work. The bids once again were significantly higher than the engineers’ estimates ($10,200,955 versus $6,327,380). At the bid opening, two different bidders noted that the cost for the electrical components alone totaled $3,500,000, and that they had difficulty in finding electrical subcontractors willing to bid on the work. A copy of the bid tabulation follows. While this is a high priority project, staff requires additional time to evaluate the bids, the project financing, and the impact that proceeding at this time may have on rates. It is possible that other projects planned in the Capital Improvements Plan will have to be reprioritized. 2 Bidder Division 1 (Wells) Division 2 (Pipeline & Electrical) Grand Total Keller Excavating, Inc $1,241,203.80 $8,959,752.00 $10,200,955.80 On Track Construction, LLC $ 1,200,974.00 $9,405,156.00 $10,606,130.00 Rognes Corp Non-Responsive $11,651,790.00 Non-Responsive Project Estimate $730,400.00 $5,596,980.00 $6,327,380.00 The authorized funding is summarized below. TOTAL PROJECT FUNDING Water Fund Prior Years $ 671,540 FY 2022/23 Adjusted 653,279 Drinking Water SRF Loan 6,508,000 Total Available Funding $ 7,832,819 If the project were to proceed with an award to the low bidder, the revised project expenses would be as shown below. TOTAL PROJECT EXPENSES Test Drilling $ 124,005 Engineering, Legal, Admin Previous 514,168 Remaining 211,104 Land 111,038 Construction (from bids received) 10,200,956 Contingency (~10%) 938,729 Total Project Expenses $ 12,100,000 A Drinking Water State Revolving Fund (DW SRF) loan in the amount up to $8,500,000 was identified as the funding source for the construction of these new wells. Staff is currently working with the Iowa DNR, Iowa Finance Authority, and the City’s bond counsel to determine what action would be needed to increase the dollar amount of the loan should the City decide to proceed at this time. The bid pricing is good for 60 days from the date of the bid opening. Staff recommends that Council accept the report of bids but take no action related to a contract award at this time. ALTERNATIVES: 1. Receive the report of bids for the North River Valley Well Field and Pipeline Project and delay the award of contract so further information can be gathered. 3 2. Receive the report of bids for the North River Valley Well Field and Pipeline Project. Award a contract to Keller Excavating, Inc of Boone, IA, for Divisions 1 & 2 in the combined total of $10,200.955.80. Direct staff to work with funding agencies to secure an SRF loan in a principal amount not to exceed $12,100.000. 3. Reject the bids and direct staff to modify the project. CITY MANAGER’S RECOMMENDED ACTION: While constructing additional source water capacity is a high priority for the water utility, the significantly higher than expected bid prices require additional time to evaluate before a recommendation can be presented to the City Council. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: 42 DATE: 03-14-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT FOR UTILITY CONNECTIONS AND RURAL WATER BUYOUT FEES BACKGROUND: From time to time the City establishes connection districts for the construction of water and sewer infrastructure that benefits a broad area. The trigger for a fee payment to be required can be any number of permits that establish or allow for a connecti on to the City’s infrastructure. Staff has proposed a text amendment that clarifies when such connection fees must be paid in two separate chapters of Municipal Code. The proposed text amendment identifies what types of permits are triggers for payment of the fees. These triggering permits include final plats, minor site development plans, setting a water meter, or a plumbing permit. The City typically desires to have the connection fees paid to the City as quickly as possible . The proposed requirements focus on payment at the time of plat approval, site development plan approval, or a plumbing permit, whichever occurs first. In addition to the City establishing connection district fees, there are times when development may be proposed out side of the City’s current water service territory. City practice has been for a property owner to be responsible for any and all buyout costs associated with transferring territory from a rural water provider to the City for service. The City currently has two master agreements for the water territory transfer. Additionally, property owners could negotiate individual transfers if they are not part of a master agreement. An agreement approved in 2022 with Xenia Rural Water District addresses territory transfers and service requirements related to growth to the north, south, and west edges of the City. A 2016 agreement with Iowa Rural Utilities Association (formerly Central Iowa Rural Water) applies to the East Industrial area to the east of I -35 (including Prairie View industrial center). Staff proposes language as part of this text amendment to require that any buyouts of rural water rights are to be completed by a property owner prior to approval of a connection to the City water system with a plat, site development plan, or plumbing permit approval, whichever occurs first. 2 ALTERNATIVES: 1. Approve on first reading an ordinance to amend Ames Municipal Code Chapters 23 and 28 for utility connections and fees and for rural water buyout fees. 2. Direct staff to modify the ordinance. 3. Decline to approve the proposed ordinance. CITY MANAGER’S RECOMMENDED ACTION: Adding the proposed language to the Municipal Code is consistent with City policies and practices for utility connections and water buyouts. The proposed language will formally create a process for staff to administer these practices and allow for better customer communication and coordination. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 23.405, 28.202 AND ENACTING NEW SECTIONS 23.404(2)(a), 28.900 and 28.1001 THEREOF, FOR THE PURPOSE OF AMENDING WATER TERRITORY TRANSFERS AND CONNECTION FEES 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 amending Sections 23.405, 28.202, and enacting new Sections 23.404(2)(a), 28.900, and 28.1001, as follows: “Sec. 23.404. WATER SUPPLY. … (2) … (a) From time to time the City of Ames may enter into an agreement, or an individual property owner may enter into an agreement, with a Rural Water Provider to allow for the transfer of service territory in order to allow for the property to include a connection to the City of Ames water system. Such a transfer of the property to the City of Ames service territory, including any payment of fees, is the responsibility of the property owner. The City Council may require proof of transfer and payment of fees prior to preliminary plat approval. … Sec. 23.405. SANITARY SEWERS. ... (2) Existing Sanitary Sewer: Any subdivision to which a sanitary sewer is accessible requires installation of adequate sewage facilities including sewer mains, manholes and any other necessary or desirable appurtenances to provide for discharge of sanitary sewage. The sewer system from all lots or parcels within the area to be subdivided shall be connected with the existing sanitary sewer system at the subdivider's expense and subject to City specifications. Prior to the connection with the existing sewer system of the City, it may be necessary for the developer to pay a connection fee in accordance with requirements of the City. … Sec. 28.202. WATER SERVICE, CONNECTION CHARGE. (1) Generally. There is established hereby, as a fee for connection to the water main, such charge as the City Council shall by resolution set for the property served by and adjacent to the main, provided that no water utility special assessment connection fee has been imposed previously with respect to said land and the main was financed with funds of the City. (a) Rural and Remote Water Connections. If an existing water main is adjacent to a rural property, rural water customers shall pay a fee for connection to the water main as provided generally above. If no main is adjacent to the property, the owner may City will have plans approved to construct a temporary water service line to property to be used until such time as a water main is constructed adjacent to the property. The rural or remote customer shall pay the entire actual cost for design and installation of the temporary line in accord with the City’s engineering fee schedule then in effect. Additionally, at such time as a main becomes adjacent to the property, the rural customer shall be required at their cost to connect to that main and abandon the other connection and shall pay a fee for connection to that main in accordance with the connection fee schedule then in effect. … Sec. 28.900. CONNECTION CHARGE PAYMENT DUE For any proposed utility connection, payment of the required charge of Section 28.202 and 28.305 or fee of this section is due prior to approval of a Site Development Plan, Final Plat, or Plumbing Permit, whichever event occurs first. City Council may approve an alternative schedule for timing of the payment of a connection fee within a connection district. … DIVISION X RURAL SERVICE TERRITORY BUYOUT AND TRANSFER Sec. 28.1001. From time to time the City of Ames may enter into an agreement or an individual property owner may enter into an agreement with a Rural Water Provider to allow for the transfer of service territory in order to allow for the property to include a connection to the City of Ames water system. For any property owner subject to such an agreement or requirement, the owner shall provide proof of a release of the property from the Rural Water territory to allow for it to be served by the City. If any payment for such a release is required, the property owner is responsible for such payment. Proof of a release shall occur prior to approval of a preliminary plat, Final Plat, Site Development Plan, or Plumbing Permit, whichever occurs first or upon a schedule defined by City Council for a project.” 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 6 Proposed Ordinance ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.303(2)(a) AND 29.401(3) THEREOF, FOR THE PURPOSE OF AMENDING LOT SIZE REGULATIONS AND FLOOR AREA RATIOS, 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 Sections 29.303(2)(a) and 29.401(3) as follows: “Sec. 29.303. GENERAL ZONING REGULATIONS (2) Lots. (a) Change in Lot Size or Shape Regulated. (i) No lot shall be reduced in size or changed in shape so that the total area, minimum frontage, setbacks, lot area per dwelling unit, or other development standards required by this Ordinance are not maintained. Maintaining minimum Floor Area Ratio requirements is excluded for Boundary Line Adjustments and Lot Mergers only. Any building on a lot that results from such a lot merger will be considered nonconforming and subject to the limitations of Sec. 29.307. All remaining development standards and nonconformity requirements related to buildings and site improvements shall still apply. (ii) No lot shall be divided so as to create an additional lot that is not in conformity with this Ordinance unless such lot is deeded, dedicated and accepted for public use. … Sec. 29.401. LOT CONFIGURATION, BUILDING COVERATE, FLOOR AREA RATIOS, AND HEIGHT EXCEPTIONS … (3) Maximum Floor Area Ratios (FARs). Development Intensity, Floor Area Ratio (FAR), and Density. Intensity of development for all Use Categories except residential uses in the Residential Base Zones is set by the establishment of minimum and/or maximum Floor Area Ratios (FARs). The maximum FAR allowed in each zone is listed in the applicable Zone Development Standards Table. Where Item No. 44 7 a minimum FAR is required by the applicable Zone Development Standards Table, construction of a building is required for use of a lot in compliance with this ordinance. In Residential Zones, intensity of development is based on the Residential Ddensity requirements of the Base Zone, Floating Zone, Special Purpose District, or Overlay. described in Section 29.700(3) …” 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 From: Jerry Nelson Sent: Thursday, March 9, 2023 9:54 AM To: Diekmann, Kelly (kelly.diekmann@cityofames.org) <kelly.diekmann@cityofames.org> Subject: Text Amendment for Downtown FAR Kelly, Is it possible to get Reading 2 and Reading 3 as a combined vote in the next council meeting since the two previous votes have had a 6-0 vote? This would give us a two weeks head start on the remodels. If so, who would take the initiative? Thanks again Jerry Nelson Managing Partner ONONDAGA INVESTMENTS LLC. 239 SOUTH BELL AVE AMES, IA 50010 PHONE: 515-232-2445 MOBILE: 515-290-6251 FAX: 515-232-1774 EMAIL: jerry.nelson@nelsonelectric.biz Item No. 44 - Attachment