HomeMy WebLinkAbout~Master - April 11, 2023, Regular Meeting of the Ames City CouncilAGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS – CITY HALL
April 11, 2023
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the record,
and limit the time used to present your remarks in order that others may be given the opportunity
to speak. The normal process on any particular agenda item is that the motion is placed on the
floor, input is received from the audience, the Council is given an opportunity to comment on the
issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time
provided for public input at the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATIONS:
1. Proclamation for “Economic Development Week,” May 8 – 12, 2023
2. Proclamation for “Fair Housing Month,” April 2023
PRESENTATION:
3. Presentation of “A Home for Everyone” Award by Ames Human Relations Commission
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.
4. Motion approving payment of claims
5. Motion approving Minutes of Regular Meeting on March 28, 2023, and Special Meeting on
March 21, 2023, and March 30, 2023
6. Motion approving Change Orders for period March 16-31, 2023
7. Motion approving premise update of Class C Retail Alcohol License – Sams Place, 125 Main
Street
8. Motion approving ownership updates of Class C Liquor License – Cinemark Movies 12, 1317
Buckeye Avenue
9. Motion approving new 5-Day license (April 28 – May 2, 2023), Class C Retail Alcohol
License – Christiani’s Events, 2601 East 13th Street
10. Motion approving new Class C Retail Alcohol License – Pasta al Forno, 2601 East 13th Street
11. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses
a. Class C Liquor License with Catering Privilege and Outdoor Service – Cyclone
Experience Network, 1705 Center Drive Hilton Coliseum
b. Class C Liquor License with Catering Privilege and Outdoor Service – Perfect Games
Inc., 1320 Dickinson Avenue
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c. Special Class C Liquor License with class B Native Wine Permit – Szechuan House, 3605
Lincoln Way
d. Class C Liquor License with Catering Privilege and Outdoor Service – Provisions Lot F,
2400 North Loop Drive
e. Class C Beer Permit and Class B Wine Permit – Hy-Vee Fast and Fresh #2, 636 Lincoln
Way
12. Resolution approving exception to Section 22.32(c)(2)(v) to allow alcohol service in
Sidewalk Café at Della Viti, 323 Main Street, Ste. 102
13. Motion setting July 18 and December 19, 2023, as Regular City Council meetings and
canceling City Council meetings on July 25 and December 26, 2023
14. Resolution approving appointment to Property Maintenance Appeals Board
15. Resolution approving request from Heartland Senior Services to modify its FY 2022/23
ASSET Contract by reallocating $4,500 from Activity and Resource Center, $2,590 from
Congregate Meals, and $6,500 from Outreach to the Home Delivered Meals program for a
total of $13,590
16. Resolution approving award of contract to RESCO, of Ankeny, Iowa, for the purchase of
Electric Services aluminum cable in accordance with the bid amount of $69,416.25
(inclusive of Iowa sales tax)
17. 2023 CyRide HVAC Improvement Project
a. Motion rejecting award for bid alternate #1 and bid alternate #2
b. Resolution approving final plans and specifications and awarding contract to Mechanical
Comfort Inc. of Ames, Iowa for the base bid in the amount of $534,750 for 2023 CyRide
HVAC Improvement Project
18. Resolution approving Preconstruction Agreement with Iowa DOT for Highway 69 (Grand
Avenue and South Duff Avenue) Resurfacing
19. Resolution approving contract and bond for Airport Underground Line Crossing with
Voltmer, Inc. of Decorah, Iowa
20. Resolution approving contract and bond for Power Plant Maintenance Services Contract
with The Waldinger Corporation, of Des Moines, Iowa
21. Resolution accepting the City Access Control System Project as complete by
Commonwealth Electric Company of the Midwest, of Des Moines, Iowa, in the amount of
$677,604
22. Resolution accepting the Power Plant Unit #7 Boiler Repair Project as complete by Helfrich
Brothers Boiler Works, Inc., of Lawrence, Massachusetts
PUBLIC FORUM: This is a time set aside for comments from th e 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:
23. Ames Urban Fringe Plan Update and 28E Extension
24. Persons living in their vehicles on City streets update
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25. Resolution allocating FY 2022/23 City ASSET Reserved Funds for Housing Services
26. Requests for Ames Pridefest on September 30, 2023:
a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License
b. Resolution approving closure of Douglas Avenue from Main Street to 6th Street and 5th
Street between Kellogg and the alley east of Adams Funeral Home from 5:00 a.m. to 10:00
p.m.
c. Resolution approving waiver of parking meter fees and enforcement
d. Resolution approving waiver of fee for blanket Vending License
PARKS & RECREATION:
27. Resolution approving Change Order No. 5 in the amount of $37,285.03 to Henkel
Construction Company for the Steven L. Schainker Plaza bringing the total contract cost to
$4,549,108.47, and direct staff to seek reimbursement from Confluence
WATER AND POLLUTION CONTROL:
28. Resolution approving final plans and specifications and awarding contract to Keller
Excavating, Inc., Boone, Iowa, in the amount of $10,200,955.80 for the North River Valley
Well Field and Pipeline Project, contingent upon the Iowa Finance Authority approving the
City’s construction loan
29. Resolution approving the Nutrient Reduction Facility Plan and direct staff to submit it to the
Iowa Department of Natural Resources
30. Resolution approving amendment Number 1 to the professional services agreement with
Strand Associates for design phase services related to the Water Pollution Control Facility
Nutrient Reduction Modifications Project in the amount of $710,000
HEARINGS:
31. Hearing on Maximum Levy
a. Resolution approving maximum levy amount of $23,666,001 for Fiscal Year 2023/24
b. Resolution setting April 25, 2023, as date of public hearing on Adjusted Budget for FY
2022/23
c. Resolution setting April 25, 2023, as date of final public hearing and adoption of budget
for FY 2023/24
32. Hearing on proposal to enter into an essential loan agreement and to borrow money thereunder
in a principal amount not to exceed $11,750,000:
a. Resolution taking additional action on proposal to enter into a General Obligation Loan
Agreements combining Loan Agreements, and providing for the levy of taxes to pay
General Obligation Corporate Purpose Bonds, Series 2023
33. Hearing on proposal to enter into a general purpose loan agreement and to borrow money
thereunder in a principal amount not to exceed $550,000:
a. Resolution taking additional action on proposal to enter into a General Obligation Loan
Agreements combining Loan Agreements, and providing for the levy of taxes to pay
General Obligation Corporate Purpose Bonds, Series 2023
34. Hearing on Baker Subdivision
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a. Resolution approving purchase agreement for the sale of City-Owned Lots 2-7 in the
Baker Subdivision to Habitat for Humanity of Central Iowa
35. Hearing on Power Plant Renovations
a. Motion accepting Report of Bids
b. Resolution rejecting all bids and directing staff to re-evaluate the project
36. Hearing on Refuse Derived Fuel (RDF) Storage Bin Repair
a. Motion accepting Report of Bids
b. Resolution approving award of contract to Neumann Brothers, Inc., of Lawrence,
Massachusetts, in the amount of $1,428,000
ORDINANCES:
37. Second reading of ordinance on rezoning a portion of the property adjacent to the southwest
corner of Cameron School Road and GW Carver Avenue (The Bluffs at Dankbar Farms)
38. Second reading of ordinance to amend the Ames Municipal Code Sections 18.31(32) and
(343) regulating parking on Bristol Drive and Hampton Street
39. Third passage and adoption of ORDINANCE NO. 4490 of 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 (continued from February 28, 2023, City Council meeting)
40. Third passage and adoption of ORDINANCE NO. 4496 on Zoning Text Amendment to
Eliminate Rooftop Solar Panel Zoning Requirements
41. Third passage and adoption of ORDINANCE NO. 4497 to amend Ames Municipal Code
Chapters 23 & 28 for Utility Connections and Fees and Rural Water Buyout Fees
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 MEETING OF THE AMES AREA METROPOLITAN PLANNING
ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 28, 2023
CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO)
Transportation Policy Committee meeting was called to order by Ames Mayor and voting member
John Haila at 6:01 p.m. on the 28th day of March, 2023. Other voting members present were:
Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames; Amber Corrieri, City of
Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Bill
Zinnel, Boone County Supervisors; Jonathan Popp, Mayor of Gilbert, Linda Murken, Story County
Supervisors; and Jacob Ludwig, Transit Board.
Mayor Haila noted the change to the agenda format to move the Public Hearing out of consent and
address it as a separate item.
FISCAL YEAR 2024 TRANSPORTATION PLANNING WORK PROGRAM: Public Works
Director John Joiner noted that the draft Work Program was included in the Committee Action
Form, welcoming any questions from the Committee Members and offering to provide a brief
presentation if desired.
Mayor Haila asked when the Committee could expect to receive a report regarding the 190th Street
traffic study. Transportation Planner Kyle Thompson replied that staff anticipates presenting the
report at the May 23, 2023, Committee meeting, noting that the report would be comprehensive.
Mayor Haila shared that the Committee would appreciate receiving the report well in advance of
the meeting to review prior to the presentation with the Consultant.
Moved by Murken, seconded by Popp, to approve Draft Fiscal Year 2024 Transportation Planning
Work Program and set May 23, 2023, as date of public hearing.
Vote on Motion: 11-0. Motion declared carried unanimously.
HEARING ON AMENDMENT TO THE FFY 2023-2026 TRANSPORTATION
IMPROVEMENT PROGRAM: Mayor Haila opened and closed the Public Hearing when no
one came forward to speak.
Moved by Ludwig, seconded by Betcher, to approve the amendment.
Vote on Motion: 11-0. Motion declared carried unanimously.
POLICY COMMITTEE COMMENTS: Mr. Ludwig noted that this would be his last meeting
with the Committee as his term on the Ames Transit Board of Trustees was expiring and thanked
City staff and his fellow Committee members for tolerating his many questions over the years.
Thanks was given to Mr. Ludwig for his service by Mayor Haila and Council Member Betcher.
ADJOURNMENT: Moved by Ludwig, seconded by Zinnel, to adjourn at 6:05 p.m.
Vote on Motion: 11-0. Motion declared carried unanimously.
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MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 28, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:13
p.m. on the 28th day of March, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue,
pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber
Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Tabitha Etten was also present.
CONSENT AGENDA: Mayor Haila noted that Item No. 5, motion approving new 5-Day (April
13-17, 2023,) Class C Retail Alcohol License – Mucky Duck Pub, L.L.C., 3100 South Duff,
Pending Dram Shop Insurance, would not be considered on the agenda this evening per the request
of the applicant. He also highlighted the amendment to Item No. 9, request from American
Campus/Campustown Student Apartments for Spring Carnival on April 21, 2023.
Moved by Beatty-Hansen, seconded by Betcher, to approve the Consent Agenda less Item No. 5
and including the amendment to Item No. 9.
1. Motion approving payment of claims
2. Motion approving Minutes of Regular Meeting on March 14, 2023
3. Motion approving Report of Change Orders for period March 1 -15, 2023
4. Motion approving Civil Service Candidates
5. Motion approving new 5-Day (April 13-17, 2023,) Class C Retail Alcohol License – Mucky
Duck Pub, L.L.C., 3100 South Duff, Pending Dram Shop Insurance
6. Motion approving new 5-Day (March 28 – April 1, 2023,) Class C Retail Alcohol License –
Thirsty Pigs Mobile Event Co. L.L.C., PO Box 1533, Pending Dram Shop Insurance
7. Motion approving new Class B Retail Alcohol License – Lalo’s Liquor Store, 809 Wheeler
Street Suite 105
8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses
a. Class C Liquor License – Dangerous Curves, 111 5th Street
b. Class E Liquor License. Class C Beer Permit and Class B Wine Permit – Liquor Land,
Mortensen Road Suite 109
c. Class C Liquor License – Cinemark Movies 12, 1317 Buckeye Avenue
d. Class C Liquor License with Outdoor Service – Cornbred BBQ, 526 Main Street Suite
106, Pending Dramshop Review
e. Class C Liquor License with Outdoor Service – Brick City Grill, 2640 Stange Road
f. Special Class C Alcohol License – Pizza Pit, 207 Welch Ave
9. Request from American Campus/Campustown Student Apartments for Spring Carnival on
April 21, 2023
a. Motion approving blanket Vending License
b. RESOLUTION NO. 23-152 approving closure of Stanton Avenue from
Chamberlain Street to a point 225 feet south of the intersection with Chamberlain
Street from 11:00 a.m. to 4:00 p.m.
c. RESOLUTION NO. 23-153 approving suspension of 5 on-street metered parking
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spaces from 11:00 a.m. to 4:00 p.m.
10. Request from Ames Main Street for 515 Week on May 15-19, 2023
a. Motion approving Blanket Temporary Obstruction Permit for May 17 and May 18
b. Motion approving Blanket Vending License for May 17
c. RESOLUTION NO. 23-154 approving waiver of parking meter fees and enforcement
for May 17
d. RESOLUTION NO. 23-155 approving waiver of Vending License fee for May 17
e. RESOLUTION NO. 23-156 approving usage of electricity and waiver of fees for
electricity for May 16, and May 17
f. RESOLUTION NO. 23-157 approving waiver of enforcement of Municipal Code
Section 17.17 related to alcohol consumption in City parks with respect only to
Bandshell Park on May 19.
11. Request from Ames Main Street for 4th of July activities on July 4, 2023:
a. Motion approving blanket Temporary Obstruction Permit and blanket Vending License
in Central Business District
b. RESOLUTION NO. 23-158 approving waiver of Vending License fee
c. RESOLUTION NO. 23-159 approving closure of portions of Main Street, Northwestern
Avenue, Fifth Street, Douglas Avenue, Burnett Avenue, Kellogg Avenue, Clark Avenue,
Allan Drive, and Pearle Avenue from 6:00 a.m. until end of parade
d. RESOLUTION NO. 23-160 approving closure of Parking Lot MM and south portion of
Lot M from 6:00 a.m. to 2:00 p.m.
12. Request from Ames Main Street for Snow Magic on December 1, 2023:
a. Motion approving Blanket Temporary Obstruction Permit
b. Motion approving Blanket Vending License
c. RESOLUTION NO. 23-161 approving waiver of Vending License fee
d. RESOLUTION NO. 23-162 approving closure of four metered parking spaces within the
Downtown from 1:00 p.m. to 8:00 p.m. on December 1 to facilitate pick-up and drop-off
of passengers on horse- drawn carriage rides through Downtown
e. RESOLUTION NO. 23-163 approving usage of electricity in Tom Evans Plaza and
waiver of fees for electricity.
13. RESOLUTION NO. 23-164 setting April 11, 2023, as date of public hearing to adopt a Maximum
City Property Tax Levy for FY 2023/24
14. RESOLUTION NO. 23-165 setting April 11, 2023, as the date of public hearings and
additional action on proposals to enter into General Obligation Loan Agreements and to borrow
money thereunder
15. RESOLUTION NO. 23-166 approving the Police Department’s application for participation
in the Governor’s Traffic Safety Bureau Enforcement Grant
16. RESOLUTION NO. 23-167 approving appointment to the Public Art Commission
17. RESOLUTION NO. 23-168 approving Resource Recovery System Annual Report for 2022
18. RESOLUTION NO. 23-169 approving and adopting Supplement No. 2023-2 to the Ames
Municipal Code
19. RESOLUTION NO. 23-170 authorizing Parks & Recreation staff to submit an application for
a State of Iowa Gambling License
20. RESOLUTION NO. 23-171 setting April 11, 2023, as date of public hearing for the sale of
Lots 2-7 in the Baker Subdivision to Habitat for Humanity of Central Iowa
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21. RESOLUTION NO. 23-172 approving preliminary plans and specifications for Electrical
Maintenance Services Contract, setting April 26, 2023, as the bid due date and May 9, 2023,
as date of public hearing
22. RESOLUTION NO. 23-173 approving preliminary plans and specifications for the 2022/23
Airport Improvements Program (South Apron Rehab), setting April 19, 2023, as bid due date
and April 25, 2023, as date of public hearing
23. Unit 8 Upper Electrostatic Precipitator Maintenance
a. RESOLUTION NO. 23-174 waiving the purchasing policies and procedure
requirements for competitive bidding to award a single source procurement
b. RESOLUTION NO. 23-175 awarding contract to The Babcock & Wilcox Company,
of Akron, OH in the amount of $175,056.00
24. RESOLUTION NO. 23-176 approving final plans and specifications and awarding contract to
Shekar Engineering, P.L.C. of Ames, Iowa, in the amount of $4,203,260.58 for 2022/23
Concrete Pavement Improvements (Brookridge Avenue, Ridgewood Avenue, Lee Street, 9th
Street, Park Way and Alley)
25. RESOLUTION NO. 23-177 approving Contract renewal for Emergency Utility Repair and
Other Services to Ames Trenching and Excavating of Ames, Iowa, for Various City
Departments
26. RESOLUTION NO. 23-178 approving Contract and Bond for 2021/22 Accessibility
Enhancement Program with Caliber Concrete, of Adair, Iowa
27. RESOLUTION NO. 23-179 approving Contract and Bond for 2022/23 Ames Plan 2040 Water
Utility Infrastructure with Thorpe Contracting, LLC, of Adel, IA
28. RESOLUTION NO. 23-180 approving Contract and Bond for 2022/23 Asphalt Street
Pavement Improvements (Oakwood Road) with Con-Struct Inc., of Ames, Iowa
29. RESOLUTION NO. 23-181 approving Contract and Bond for 2022/23 Shared Use Path
Maintenance with Mid-Iowa Enterprises, of Story City, Iowa
30. RESOLUTION NO. 23-182 approving Contract for Electric Services Furnishing of 69kV and
161kV SF6 Circuit Breakers with GE Grid Solutions, of Charleroi, Pennsylvania
31. RESOLUTION NO. 23-183 approving completion of sidewalk agreement for Scenic Valley
3rd Addition and releasing the financial security in full
Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum.
Richard Deyo, 505-8th Street, #2, Ames, shared his opinions and concerns relating to the Conduct
Policy for the Ames Public Library.
Mayor Haila closed the Public Forum when no one else came forward to speak.
CITY COUNCIL VALUES, GOALS, AND TASKS FOR 2022-2023: Assistant City Manager
Brian Phillips presented the revised City Council Values, Goals, and Tasks for 2022-2023. He
highlighted that the City Council met on January 28, 2023, in a retreat to review the progress made
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towards completion of these values, goals, and tasks that were adopted on February 15, 2022. The
City Council proposed four new tasks at the retreat as were outlined in the memo from staff. Mr.
Phillips noted that direction was being sought from the City Council to approve how staff captured
those four new tasks.
The second component of the item was whether the City Council had interest in reviewing the
conservation subdivision ordinance. This component was discussed at the retreat; however, it was
not captured in the minutes as no action was taken. Mr. Phillips explained that the Mayor raised
the question subsequently about whether that component should be included in the tasks for staff.
Moved by Beatty-Hansen, seconded by Betcher, to approve the four new tasks that were proposed
at the January 28, 2023, City Council retreat.
Vote on Motion: 6-0. Motion declared carried unanimously.
The City Council engaged in discussion relating to the conservation subdivision ordinance and no
action was taken. Mayor Haila noted that he would communicate with stakeholders.
STAFF REPORT ON THE FITCH FAMILY INDOOR AQUATIC CENTER: Parks and
Recreation Director Keith Abraham presented the update, noting that direction was requested by
staff in three categories: 1) Building Design, 2) Project Budget, and 3) Project Priorities. He
provided the informational update, detailing the purchase of the property, topographic and
boundary survey, geothermal well potential, stormwater management plans, and other
environmental services.
The City of Ames purchased the property at 122 N. Oak Avenue from the Iowa Department of
Transportation (IDOT) on January 5, 2023, for $2.9 million, Director Abraham elaborated. The
IDOT recorded the State Land Patent and delivered it to the City in early March, with the City also
being in possession of the property abstract. He also indicated that staff collaborated with
Clapsaddle-Garber Associates, Inc. (CGA) to complete a survey of the property. CGA is expected
to submit a report to staff the week of March 27, 2023, and that information will be used by the
Design Team as plans are further developed and defined.
The Iowa Department of Natural Resources (IDNR) determined that vertical geothermal wells will
not be permitted due to the potential risk of contaminating the aquifer below the property,
explained Mr. Abraham. Installing a horizontal well field is a possibility; however, further testing
of groundwater in nine locations specified by the IDNR will be needed. He furthered that
horizontal wells are generally 300 feet in length, which may be problematic due to the size of the
property, as well as the contamination in the northeast corner. In conversations with KCL
Engineering, the sub-consultant for RDG Planning and Design, there appeared to be an energy
efficiency benefit to pursue geothermal wells even if 300 feet in length cannot be achieved. Mr.
Abraham assured the City Council that staff would continue to work with IDNR and KCL to reach
a final decision related to this topic.
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Director Abraham noted that two options are being considered for stormwater management: 1)
managing all stormwater on-site, or 2) managing some stormwater on-site and the remainder off-
site. Once the Survey Report is received from CGA, the project consultants will be able to calculate
how much stormwater will be generated and what will need to be managed on-site. City staff from
the Public Works Department has also reviewed potential options for off-site management as well.
City staff is finalizing a contract with Impact7G to provide services related to environmental issues
encountered during the project, detailed Mr. Abraham. The scope of services included will address
developing a construction management plan for dealing with possible contamination, installing
monitoring wells and performing periodic testing, and providing guidance and recommendations
to mitigate/remediate potential risks associated with site contamination.
The schematic design phase and floor plans were presented by Director Abraham as well as the
building renderings. He highlighted the efforts to make the building accessible after receiving
feedback from the Parks and Recreation Americans with Disabilities Act (ADA) Audit before
reviewing the Estimated Budget, noting the line items with a change from the Projected Budget.
Director Abraham reviewed that even with potential additional funding options, there still remains
a funding shortfall for the current estimated base bid. He emphasized the recommendation of staff
to continue work with the consultants to review the design and reduce the Estimated Budget to a
dollar amount that better aligns with the Projected Budget, rather than use the potential additional
funding options to close the gap. He supported the recommendation by noting that the potential
additional funding could be used to fund the Base Bid plus Alternate 1, which adds a walking track
and multipurpose space.
Mayor Haila discussed the geothermal wells and inquired for more details as to why the IDNR did
not support the vertical wells. Director Abraham explained that vertical wells are typically 300
feet in length, while the aquifer on the site is located approximately 90 to 120 feet below ground
level. The concern here, he explained, was that if there is movement of any contamination to those
vertical shafts for the well, that contamination could drop down into the aquifer. The horizonal
wells would sit at 15, 30, and 45 feet, leaving a 45-foot buffer between the aquifer. Council
Member Betcher asked about the energy benefit of the geothermal. Director Abraham discussed
how the chiller for the HVAC system coupled with the geothermal system, and the limitations of
moving forward with installing the chiller without the presence of a geothermal system.
Council Member Gartin noted that there has been lengthy discussion regarding the benefit of the
walking track and shared his support for the Base Bid plus Alternate 1, noting his belief that it
would be greatly appreciated by the community. He also shared his grave concern for building the
Fitch Family Indoor Aquatic Center on a site with contaminated soil, his concern is intensified by
the new knowledge that the City runs the risk of endangering one of the aquifers.
Council Member Betcher observed that one of the Value Engineering Options is lowering the walls
and roof of the building. She asked if reducing the footprint of the building is also an option.
Director Abraham replied in the affirmative, citing an example of reducing the pool deck. He
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assured the City Council that staff would continue work with the consultants to evaluate all of the
spaces for potential reductions while ensuring a functional building that meets the needs of the
community.
Council Member Betcher noted her favor in removing Option No. 13 from the Value Engineering
Options: Combining Zero-depth Pool and Lap Pool. Council Member Corrieri shared her
agreement. Council Member Beatty-Hansen also noted that she has heard more support for the
walking track from community members than she has against it and supported Council Member
Gartin’s comments regarding its benefit to the community.
Ex officio Etten inquired as to why the Recreational Basin is not located next to the
Classroom/Party Room. Director Abraham explained that it was designed that way from a safety
standpoint with relation to the location of the Family/Universal Changing Room. Ex officio Etten
also added support for the walking track, noting the level of use and overall benefits of the walking
tracks located on campus.
The City Council members engaged in thoughtful discussion with staff regarding the exterior
design of the building, noting that cost savings on exterior items that are not essential to the
operations of the facility could be considered while still maintaining a focus on the longevity of
the building materials. They further discussed the budget, with City Manager Schainker stating
that there are going to be challenges with funding, and staff will either have to cut costs or identify
additional revenue to accomplish the Base Bid plus Alternate 1. He furthered that staff would work
with the Design Team to not sacrifice too much, but priorities must be identified.
Director Abraham discussed the timeline for bidding the project, noting that from a budgetary
standpoint, it is prudent to adhere to the timeline. He reiterated the recommendation of staff to
work with the consultant through design development with the goal to bring the Estimated Budget
closer to the Projected Budget. He then highlighted the sustainability investments for the project
per the request of Council Member Gartin.
The City Council Members each shared their Project Priorities. Council Member Gartin noted the
importance of the quality of materials in terms of longevity and service levels specifically relating
to hours of operations. Council Member Betcher selected minimizing maintenance, impact on
operations, and service levels as top priorities as each related to staffing. She highlighted her
dissatisfaction in sacrificing those priorities for building aesthetics. Council Member Beatty-
Hansen chose sustainability at the top of her list, especially in how it pertains to lowering the
ongoing operational costs of the building. Council Member Junck echoed Council Member
Betcher’s priorities, stating that quality materials in relation to longevity is also a priority for her.
She elaborated that longevity goes with operations and how well the facility is able to be
maintained. Council Member Corrieri shared her agreement with the prior comments, noting that
service levels would be her top priority. Council Member Rollins noted that energy efficiency and
sustainability are a top priority for her, as well as service levels. She furthered that quality materials
adding longevity should be a priority, highlighting that there are creative ways to add to the
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aesthetics without it being a high priority budget item. Ex officio Etten expressed her priority of
service levels in regard to staffing, noting that staffing recreational facilities has been an ongoing
issue for Iowa State University.
The Public Input was opened by Mayor Haila.
Kendra Meyers, Ames Resident, shared her excitement for and support of the Fitch Family Indoor
Aquatic Center, encouraging the City Council to consider adding two additional lap lanes to the
Recreation Pool for a total of eight lanes to better meet the demand from the community for that
service.
Mayor Haila closed the Public Input when no one else came forward to speak.
Director Abraham discussed advances in technology and creation of a bright atmosphere that will
make the Fitch Family Indoor Aquatic Center a state-of-the-art facility at the request of Council
Member Gartin. He also addressed the number of lap lanes currently in the design, citing facility
schedules and policy that could counteract the demand for service. Mayor Haila communicated
the consensus that the City Council was supportive of the recommendations from staff regarding
the budget.
STORY COUNTY SATURATED BUFFER/BIOREACTOR PROJECT: Water and Pollution
Control Director John Dunn briefly reviewed the agreements, and shared his gratitude for the
partners that the Department has had the opportunity to work with, specifically the Iowa
Department of Agriculture and Land Stewardship, which is contributing significant funding to the
project. Council Member Gartin asked about the maintenance plan for the project. Director Dunn
explained that the property owner is required to sign a 10-year maintenance agreement and will be
expected to maintain the saturated buffer or bioreactor during that time in exchange for getting the
improvements put on their property free of charge.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 23-184 approving 28E
Agreement with the Iowa Department of Agriculture and Land Stewardship – Division of Soil
Conservation and Water Quality, City of Ames, and Story County Soil and Water Conservation
District.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 23-185 approving funding
agreement between Story County, Story County Conservation Board, and the City of Ames for
funding assistance for water nutrient removal practices.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
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INTEGRATED SITE PLAN SUBDIVISION FOR DANIEL’S SUBDIVISION, 2ND
ADDITION: Planning and Housing Director Kelly Diekmann reviewed the amendment to the
Site Development Plan, highlighting that the amendment includes a double drive-thru lane rather
than the single drive-thru lane originally approved. This change results in a reduction in the excess
parking included within the subdivision from 39 spaces to 28 spaces and some minor adjustments
to the proposed landscaping. Circulation through the parking lot has also been modified to include
a one-way direction for traffic flow. He shared that staff believes the parking lot still functions
appropriately and will be a safe environment, thus staff supports the amendment and recommends
the approval of the Final Plat.
Public Input was opened and closed by Mayor Haila when no one came forward to speak.
Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 23-186 approving Minor
Amendment to the Site Development Plan.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 23-187 approving Final
Plat.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
MINOR FINAL PLAT FOR HIDDEN CREEK FARM, PLAT 1 (W 190TH STREET):
Planner Julie Kruse presented the Final Plat for the property that located Story County on the north
side of 190th Street across from the Quarry Estates Subdivision. She noted that it is currently within
the Story County Study Area Overlay, which lies between 190th and 180th Streets in the Ames
Urban Fringe Plan. Staff has been working with Story County on the Final Plat. She highlighted
the boundary for the Ada Hayden Watershed, adding that residential development within the
watershed typically requires compliance with Subdivision Standards. She reviewed the
Development Agreement, which addresses conditional waivers of standards and retains City
review of a future traffic analysis, access, and stormwater. She emphasized that Story County is
aware of the terms of the Development Agreement and approved the Final Plat at its meeting
contingent upon the terms.
Council Member Gartin discussed the benefits of the conservation overlay, noting his appreciation
that the overlay puts a limitation on adding fertilizers to the ground that might eventually impact
Ada Hayden. He asked if the Development Agreement addresses any of those attributes. Planner
Kruse replied in the negative, citing religious use for the property as the reason the Subdivision
Standards would not apply and reiterating the purpose of the Development Agreement. She
emphasized that since the land in the County, its requirements, including stormwater requirements,
would apply to the property. Council Member Gartin noted that the City typically allows flexibility
for religious uses but he wants to make sure that the City is doing its due diligence in protecting
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the water supply. He asked if staff is making a recommendation to ensure the City is addressing
stewardship issues here. Planner Kruse replied in the negative and Director Diekmann discussed
how the limited use of fertilizer is typically enforced, noting the City’s limitation in terms of
enforcement. Staff and the City Council engaged in thoughtful discussion on how to address the
issue.
Mayor Haila opened the Public Input.
James Pease, President of Friends of Ada Hayden Heritage Park, shared his opposition to the
waiver of Subdivision Standards, noting that other entities within the watershed have agreed to
apply the standards, and encouraged the City Council not to set what he believed to be a dangerous
precedent by granting the waiver.
The Public Input was closed by Mayor Haila when no one else came forward to speak.
Director Diekmann continued the discussion on the use of the land and interaction of the
conservation overlay given that Subdivision Standards do not apply. He again reviewed the terms
of the Development Agreement. Council Member Gartin discussed the structure of the motion to
amend the Development Agreement.
Moved by Gartin to amend the Development Agreement to include a phosphorus reduction
provision and that approval of the Agreement be contingent on the Developer’s acceptance of the
amendment.
Director Diekmann discussed the limitations regarding administration and enforcement of such
provisions and Council Member Gartin withdrew the motion. Director Diekmann concluded that
the best practice would be to incorporate a Landscape Management Plan to minimize the use of
phosphorus into the Development Agreement. City Attorney Mark Lambert concurred.
Moved by Gartin, seconded by Beatty-Hansen, to amend the Development Agreement to provide
for a landscape management plan that minimized the use of phosphorus.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 23-188 approving the
Development Agreement as amended.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 23-189 approving waiver of
Subdivision Standards.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
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Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 23-190 approving Final Plat,
subject to the return of the signed Development Agreement.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
The meeting recessed at 8:07 p.m. and reconvened at 8:15 p.m.
DEVELOPMENT AGREEMENT WITH TOWNHOMES AT CREEKSIDE, LLLP:
Housing Coordinator Vanessa Baker-Latimer noted that approving the Development Agreement
was the next step in the process for seeking Low-Income Tax Housing Credit (LITHC) on Lot 27
in the Baker Subdivision. She announced that staff had been working with Hatch Development
Group, who was awarded the Request for Proposal (RFP) and will do business under the name
Townhomes at Creekside, LLLP. Staff engaged with the Developer to negotiate an agreement that
will meet the City’s housing goals for affordable multi-family housing and for the Hatch
Development Group to score well in meeting the Iowa Finance Authority’s (IFA) Qualified
Allocation Plan (QAP) requirements to be awarded tax credits.
Upon approval of the LITHC award, the City will set aside a maximum of $1.8 million of its
HOME funds for the construction of 38 units, of which there will be 16-two bedrooms, 18-three
bedrooms, 4-four bedrooms. Based on the City’s commitment of its HOME funds, seven of the 38
units will be set aside specifically under the City’s HOME program guidelines; all seven units will
be 3-bedroom units; for households at 50% or less of the Ames Medium Income Limit (AMI). As
per the City’s RFP, 10%, equivalent to four units, will be designated for Section 8 Housing Choice
Voucher holders. Staff has set aside 1-two bedroom, 1-three bedroom, 1-four bedroom, and 1
floater unit as part of this agreement. These units are in addition to the City’s seven HOME set-
aside units, explained Housing Coordinator Baker-Latimer.
Council Member Rollins asked if the parking issue was addressed in the concept plan that was
presented. Director Diekmann replied in the affirmative, noting that extra parking was added to
the west side of the development. He stated that a formal Major Site Development Plan will be
required for final approval of the project once the developer has received notice of a LIHTC award;
however, the concept plan was approvable as presented.
Mayor Haila opened and closed the Public Input when no one came forward to speak.
Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-191 approving
Development Agreement with Townhomes at Creekside, LLLP (affiliated with Hatch
Development Group) in conjunction with a Low-Income Tax Credit (LIHTC) Application for
multi-family housing development for Lot 27 in the Baker Subdivision.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
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HEARING ON BAKER SUBDIVISION (321 STATE AVENUE): Housing Coordinator
Baker-Latimer cited state law that requires a Public Hearing for the sale of City-owned property.
The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak.
Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-192 approving Option
Agreement for the sale of Lot 27 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.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
Michael Kiernan, 740 16th Street, Des Moines, of Kiernan Development and Construction, LLC,
in partnership with Hatch Development Group, stated that the company is honored by the privilege
of taking the project forward to secure a LITHC award for the City of Ames. He commended City
staff on their efforts to turn around the agreements and applications in such a short time period. He
concluded by addressing concerns regarding the absence of a playground on the site concept,
noting that a playground will be included in the amenity area.
HEARING ON SUBMITTAL OF SECOND SUBSTANTIAL AMENDMENT TO THE
CITY’S 2021/22 CDBG/HOME ANNUAL ACTION PLAN TO INCLUDE HOME-
AMERICAN RESCUE PLAN (HOME-ARP) PROGRAM FUNDS: Housing Coordinator
Baker-Latimer shared that at the January 24, 2023 meeting of the City Council, staff reported the
feedback received from various groups. She explained that in summary, the primary focus areas
for the Qualifying Populations (QPs) were homeless populations and at-risk homelessness
populations. The primary activities identified from feedback were Non-Congregate Shelter (#1),
the Production and Preservation of Affordable Rental Housing (#2), and Tenant-Based Rental
Assistance (TBRA) and Supportive Services (#3). At that same meeting, the City Council directed
staff to prepare the proposed Second Substantial Amendment to the City’s CDBG 2021-22 Annual
Action Plan that will incorporate a special allocation of HOME-ARP funding in the amount of
$1,269,248, to address the following QPs: 1) Homeless individuals and families; 2) individuals
and families at risk of homelessness, and 3) persons fleeing or attempting to flee domestic violence,
dating violence, sexual assault, stalking, or human trafficking, as defined by HUD. In
consideration of eligible activities, Non-Congregate Shelter was identified by the City Council as
the priority. She provided context that the remaining 15% of funding would be set aside for
program administration.
Ms. Baker-Latimer highlighted two changes to the application for the record. On page 26 of the
application, there were two items: Preferences and Limit Liabilities. HUD permits applicants to
answer one but not both aforementioned items. Ms. Baker-Latimer adjusted the application in
response to indicate that the City would not be establishing Limitation Liability on this project.
The second change to the application was a result of Public Forum. Two agencies participated at
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the January 9, 2023, forum: Home Allies and the Story County Housing Trust Fund. Ms. Baker-
Latimer added both agencies to page five of the application under agencies that were consulted.
The application is to be submitted by 10:00 p.m. Eastern Standard Time on Friday, March 31,
2023, announced Ms. Baker-Latimer, before welcoming questions from the City Council.
Mayor Haila opened the Public Hearing on the Second Substantial Amendment to the City’s
CDBG 2021-22 CDBG/HOME Annual Action Plan that incorporates a special allocation of
HOME-ARP funding. When no one came forward to speak, Mayor Haila closed the Public
Hearing.
HEARING ON REZONING A PORTION OF THE PROPERTY ADJACENT TO THE
SOUTHWEST CORNER OF CAMERON SCHOOL ROAD AND GW CARVER AVENUE
(THE BLUFFS AT DANKBAR FARMS): Planner Kruse reviewed the site plan for the Planned
Residential Development, drawing attention to the amenities within the subdivision, including a
clubhouse and pocket park. Council Member Rollins asked if the area would be connected by
shared use paths. Planner Kruse replied in the negative, noting that standard five-foot sidewalks
would be utilized to connect the development, and future trail connections would be investigated.
Director Diekmann added that a shared use path would be located on the east side of GW Carver
Avenue, connecting the development to North Ridge Heights and the Irons. Mayor Haila inquired
about the pocket park, asking if it would be maintained as a private amenity. Planner Kruse replied
in the affirmative, and Director Diekmann noted that under Ames Plan 2040 the development does
not meet the park proximity service expectations and is required to have a recreational or open
space. Mayor Haila also asked about traffic safety near the driveway in the area designated for
religious use. Director Diekmann noted the limitations in moving the driveway due to a natural
gas pipeline, noting that Traffic Engineers agreed to the separation distance and spacing.
The Public Hearing was opened and close by Mayor Haila when no one came forward to speak.
Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance Rezoning a portion
of the property adjacent to the southwest corner of Cameron School Road and GW Carver Avenue
(The Bluffs at Dankbar Farms).
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 23-193 approving the
Planned Residence District (FS-PRD) Major Site Development Plan.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
HEARING ON 2023 CYRIDE HVAC IMPROVEMENT PROJECT: Mayor Haila opened
and closed the Public Hearing when no one came forward to speak.
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Moved by Betcher, seconded by Corrieri, to accept the Report of Bids and direct staff to delay
award of contract.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST READING OF ORDINANCE TO AMEND THE AMES MUNICIPAL CODE
SECTIONS 18.31(32) AND (343) REGULATING PARKING ON BRISTOL DRIVE AND
HAMPTON STREET: The Public Hearing was opened and closed by Mayor Haila when no one
came forward to speak.
Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance to amend the Ames
Municipal Code Sections 18.31(32) and (343) regulating parking on Bristol Drive and Hampton
Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND PASSAGE OF ORDINANCE ON ZONING TEXT AMENDMENT TO
ELIMINATE ROOFTOP SOLAR PANEL ZONING REQUIREMENTS: Moved by Beatty-
Hansen, seconded by Corrieri, to pass on second reading an ordinance on Zoning Text Amendment
to Eliminate Rooftop Solar Panel Zoning Requirements.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND PASSAGE OF ORDINANCE TO AMEND AMES MUNICIPAL CODE
CHAPTERS 23 & 28 FOR UTILITY CONNECTIONS AND FEES AND RURAL WATER
BUYOUT FEES: Moved by Rollins, seconded by Beatty-Hansen, to pass on second reading an
ordinance amending Ames Municipal Code Chapters 23 & 28 for Utility Connections and Fees
and Rural Water Buyout Fees.
Roll Call Vote: 6-0. Motion declared carried unanimously.
THIRD PASSAGE AND ADOPTION OF ORDINANCE NO. 4493 RELATING TO
ZONING TEXT AMENDMENT FOR FRONT YARD PARKING AND DRIVEWAY
STANDARD: Moved by Corrieri, seconded by Junck, to pass on third reading and adopt
ORDINANCE NO. 4493.
Roll Call Vote: 6-0. Motion declared carried unanimously.
THIRD PASSAGE AND ADOPTION OF ORDINANCE NO. 4494 TO REZONE A
PORTION OF THE PARCEL LOCATED AT 325 BILLY SUNDAY ROAD FROM S -GA
TO HOC: Moved by Rollins, seconded by Corrieri, to pass on third reading and adopt
ORDINANCE NO. 4494.
Roll Call Vote: 6-0. Motion declared carried unanimously.
THIRD PASSAGE AND ADOPTION OF ORDINANCE NO. 4495 REVISING 28.309 OF
THE AMES MUNICIPAL CODE TO AMEND THE INDUSTRIAL PRETREATMENT
LOCAL LIMITS: Moved by Betcher, seconded by Beatty-Hansen, to pass on third reading and
adopt ORDINANCE NO. 4495.
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Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there was
one item to consider from Public Works Director John Joiner regarding the Cherry Avenue
Extension. City Manager Schainker stated that the item was for informational purpose only.
COUNCIL COMMENTS: Council Member Betcher announced that she and Assistant City
Manager Schildroth learned that the sessional they proposed to the International Town and Gown
Association (ITGA) on Community Conversations on Mental Health has been accepted to be a
part of an upcoming conference. She noted that this opportunity will showcase what the
community has done. Council Member Betcher also shared that she would be presenting a lecture
at the Ames Public Library at 7:00 p.m. on Wednesday, March 29, 2023, regarding the Trice
connection, highlighting that there is the option to view the lecture via Zoom.
Council Member Rollins shared that she attended the Genevieve Salamone concert, which was a
wonderful event to bring awareness to the plight of Indigenous women as well as being excellent
entertainment. The event was sponsored in part by the Ames branch of the NAACP.
ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 8:43 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
1
MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 21, 2023
The Special Meeting of the Ames City Council was called to order by Mayor Pro Tem Gloria
Betcher at 6:00 p.m. on the 21st day of March, 2023, in the City Council Chambers in City Hall,
515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Tim
Gartin, Rachel Junck, and ex officio Member Tabitha Etten. Council Member Anita Rollins
participated electronically. Mayor John Haila and Council Member Amber Corrieri were absent.
WORKSHOP ON INFILL DESIGN: Planning and Housing Director Kelly Diekmann began
the presentation with a review of the infill policy in Ames Plan 2040 (Plan 2040), highlighting the
differences between that policy and current zoning laws. Plan 2040 recognized the importance of
both outward growth and infill, endorsing infill as a value while recognizing its difficulty.
Opportunities for infill exist both with smaller scale City-wide policies and with larger scale
intensification involving reinvestment districts. Plan 2040 emphasizes the importance of infill
compatibility with existing neighborhood character. Director Diekmann observed that one way
Plan 2040 addressed planned intensification areas was through Land Use Map designations and
Redirection Areas. Other avenues include focusing on specific types of structures, like Accessory
Dwelling Units (ADUs), duplexes, or townhomes.
Director Diekmann addressed a number of areas in the City which had previously been discussed
as opportunities for increasing density, noting mixed feedback from some neighborhoods in
question. He pointed out that the Lincoln Way Corridor Plan identifies several areas for further
development, but current zoning does not allow the implementation. Additionally, a number of
Redirection Areas were identified for further study, which will involve case-by-case review of the
candidates. The only Redirection Area considered by the City Council to date was downzoned,
meaning its zoning moved away from increased density. Director Diekmann shared sketches
developed by RDG Planning & Design during the Plan 2040 process to illustrate possibilities for
increasing density in Redirection Areas south of Campustown, west of campus, East Lincoln Way,
and west of Main Street.
To provide background on the City’s zoning laws, Director Diekmann explained that historically
the City had multiple zoning districts that permitted duplexes. In 1983, zoning laws changed to
limit new duplex development. For a period of time, there were significant challenges in
enforcement of building code and zoning compliance. The City offered retroactive conversion
permits to allow around 300 properties which had been illegally split into multiple units to come
into compliance with the rental code. In 2000, a new zoning ordinance established the current rule
that no new two-family units would be allowed in single-family low density zones; construction
of this kind of unit is only permitted in medium- and high-density zones. Director Diekmann also
noted that no single-family lot could have more than one dwelling unit, noting that this currently
disallows ADUs. Single-family attached dwellings are allowed in FS-RL, but require individual
lots. In contrast to current zoning, Plan 2040 encourages adding one to two units on existing lots
citywide and planning for small redevelopment projects where opportunities arise. Thus, current
zoning needs modifications to allow Plan 2040 to be implemented.
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Planner Eloise Sahlstrom surveyed examples of different types of infill housing representing a
range of options in what is called the “missing middle” of housing between detached single-family
homes and mid-rise, larger scale apartments. Types of housing discussed included ADUs,
duplexes, townhomes, pocket or cottage neighborhoods, and three- and four-plex units.
First, Planner Sahlstrom explained that ADUs can take a number of forms, including detached,
attached, interior (upper level), interior (lower level), above garage, and garage conversion.
Director Diekmann clarified for Mayor Pro Tem Betcher that a dwelling unit must have a place
for sleeping, living, eating, cooking, and sanitation, as well as a separate entrance to the unit.
Currently, if a property is limited to a single-family unit, an owner would not be able to obtain
permits that could qualify a space as a separate dwelling unit, like adding an exterior door, because
such use would not match zoning. It was also clarified for Council Member Gartin that owner-
occupied units are allowed to have one roomer without registering as a rental unit, but staff had no
way of tracking how common this practice is.
Second, Planner Sahlstrom stated that duplexes are described as two-family dwellings in the
zoning ordinance. This means there are two living units on one lot, and the units are not able to be
sold separately. Two parking spaces are required for each unit. Most duplexes are fully rented out,
but a handful are owner-occupied in one of the units with the second unit rented.
Third, Planner Sahlstrom observed that “townhome” is not a term in the current zoning ordinance.
Current zoning only allows apartments, where one parking space per bedroom is required, or
single-family attached units on individual lots, where only two parking spaces are required.
Townhomes do appear in the building code under residential properties, unlike apartments, which
are categorized as commercial. Commonly considered compatible with most residential building
types, townhomes often include a look of individual units. Director Diekmann discussed the goal
of avoiding slot houses, where the side relief rather than unit entrances are oriented to the street.
Adding townhomes to the Municipal Code would likely involve writing a design-based
designation for townhomes rather than a use-based designation, and the City Council would need
to consider what parking standards would be desirable for townhomes.
Moved by Gartin, seconded by Beatty-Hansen, to ask staff to return with options for adding
townhomes to the Municipal Code.
Vote on Motion: 5-0. Motion declared carried unanimously.
Planner Sahlstrom referenced the Delaware Townhomes as a successful “pilot project” for infill.
This development, currently under construction, adds six townhomes to a previously vacant lot
that was rezoned from RL to RM. Challenges for the project included fire access lane length,
parking, and privacy along side lot lines. Director Diekmann noted that the City does not have
many vacant lots of this size to allow for similar projects. It can be difficult to compare infill
options in Ames with other cities, because Ames has less blight and fewer vacant lots.
Fourth, Planner Sahlstrom introduced the concept of pocket or cottage neighborhoods, which are
communities with nine to 12 small homes facing a shared garden or common area. She presented
an example where unit footprints were 650 square feet with a 200 square foot loft above. Parking
can be accomplished in parking lots or through alley access to the back of each unit. Pocket
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neighborhoods usually have a small number of units on a small acreage, and are sold as
condominiums because they are all on one lot. Director Diekmann explained that there is not
currently a way to permit this kind of project in the current zoning. He expressed support for this
model as a great way to add more units to a site in a style that matches residential areas, while
noting that developers might see it as risky because there are not examples in the area. Director
Diekmann clarified for Mayor Pro Tem Betcher that the Domani subdivision, which has reduced
setbacks, differs from this model in not being organized around common space. Council Member
Betcher expressed support for pocket neighborhoods as a model to promote communal and mixed-
generation living.
Moved by Gartin, seconded by Beatty-Hansen, to ask staff to return with options for allowing
pocket or cottage neighborhoods in the Municipal Code.
Vote on Motion: 5-0. Motion declared carried unanimously.
Lastly, Planner Sahlstrom discussed three- and four-plex housing examples. Often, the end of the
building faces the street, but different orientations are possible. Mayor Pro Tem Betcher shared
that the Twin Cities have many examples of units of this size that fit on a single lot and are not
end-loaded.
On the topic of the attributes of good infill design, Planner Sahlstrom pointed out that infill
development often introduces new and bigger buildings and different architectural styles into an
existing area. It is crucial to have policies that emphasize context, including how a block or
neighborhood is set up, scale of the surrounding buildings, and types of architectural features
present. Good infill design minimizes the conflicts that these changes can sometimes create with
adjacent properties. The particular context helps determine the best way to minimize conflicts at
these transitions. Director Diekmann noted that problems can arise when cost efficiency drives
design, but the problems can be mitigated by proactively addressing design issues like front
setback pattern, building orientation, “green” street frontage, rhythm of development, roof
massing, height, and parking or access.
Director Diekmann observed that many neighborhoods in Ames have fairly uniform setbacks, and
maintaining consistency with those patterns is important to incorporate into infill design standards.
The orientation of the entry is another key factor that would enhance compatibility if it were
required to match. Director Diekmann also suggested disallowing protruding garages where there
are not already protruding garages present.
Next, Director Diekmann discussed the importance of green street frontage. Policies to promote
this design value could address vegetated frontage, minimal curb cuts, limiting parking to the side
or rear, and maintaining City driveway limitations.
Another feature to avoid was identified by Director Diekmann as monolithic massing. The pattern
of structures in a neighborhood can be disrupted by a large structure or mass of structures. Keeping
the rhythm of development compatible with the character of the surroundings helps maintain
neighborhood integrity. Director Diekmann also noted that height of new developments can
become a concern, as new construction tends to be taller than older homes. Infill can lead to privacy
complaints, which can be exacerbated by large height differences between structures. Roof
4
configuration can greatly impact the perceived height of a structure. Step backs for second or third
stories and roof massing guidelines related to roof profiles and divided roof lines can mitigate these
concerns.
Parking causes challenges for development, and Director Diekmann focused on the priorities of
minimizing curb cuts and encouraging shared parking. Currently, a detached single-family house
is required to have two parking spaces. One way to promote compatibility of newly constructed
parking would be to require replication of existing driveway locations in the surrounding
neighborhood or block. Staff requested more guidance in April on the goals of the City Council in
order to provide concrete options for parking. Director Diekmann concluded the discussion of infill
design attributes by showing the City Council a number of images to illustrate different levels of
compatibility of new developments within existing neighborhoods.
To open discussion about ADUs, Director Diekmann explained that merely allowing ADUs could
look very different from encouraging them. Either approach would require some changes to current
zoning, but the former would result in very few available sites. Encouraging ADUs would require
more extensive changes. Council Member Beatty-Hansen suggested making the changes to allow
ADUs as a first step, and then gradually shift toward encouraging them and reducing barriers over
time. Director Diekmann noted that this approach could allay resident anxieties about new infill
as well.
Planner Sahlstrom shared her research on how Bloomington, Indiana incorporated ADUs.
According to their planning staff, the city started with a conditional use permit to allow ADUs, but
shifted gears from allowing to encouraging after only 30 ADUs were permitted in five years.
Bloomington also saw property values for lots that added ADUs go up significantly. A property
that may have been affordable as a starter home might become out of reach for first time buyers if
an ADU is added; however, the potential for owner-occupied supplemental income from the ADU
could outweigh that negative. Council Member Beatty-Hansen observed that any home
improvement would cause property values to go up, and the byproduct of increased price is not
generally a reason to discourage improvements.
In response to Council Member Gartin, Director Diekmann clarified that there were no state-level
restrictions on ADUs, so the City could adopt a policy of allowing ADUs in designated zones
rather than a blanket policy. One challenge for infill development is that some of the areas best
suited for increased density have neighborhoods with residents strongly against increased density.
Director Diekmann also clarified that most newer subdivisions from the 1990s and on have
covenants which would not allow for ADUs, so many areas will not have the option even if the
City allows it. The biggest questions that are likely to arise in public outreach will be about the
size, parking regulations, and overall density associated with ADUs. It is up to the City Council to
decide what should be permitted.
Discussion ensued about the relationship of ADUs to rental properties, with Council Member
Gartin observing that there is a greater incentive to add ADUs to existing single-family rentals
than there is for owner-occupied properties. He referenced past discussions with owner-occupied
residents in neighborhoods south of campus and noted their concerns about increased density
changing the character of the neighborhood. Council Member Beatty-Hansen suggested that ADUs
5
could be allowed first in areas where it would be less likely to damage the character of the
surrounding neighborhood. Council Member Rollins pointed out that some cities with ADUs have
implemented a requirement that one of the units must be owner-occupied, posing this a potential
solution to concerns about rental density. Planner Sahlstrom confirmed that it is a common practice
to require one unit to be owner-occupied, although in a few cases state-level legislation prohibits
that level of regulation. Director Diekmann clarified for Council Member Gartin that if the
intention was to require one unit to be owner-occupied, a covenant could be added to the property
to ensure that it would not be converted into a rental property when the current owner sold it. He
also clarified that the specific logistics involved in achieving that kind of limitation would require
more research and consultation with the Legal Department to see what the options would be.
Director Diekmann noted that typical residential lot configurations in Ames allow a maximum of
35% building coverage for the lot, a maximum site coverage of 60%, and maximum rear yard
coverage with accessory buildings of 25%. Lot coverage limits curtail construction of ADUs more
than any other single factor. Council Member Beatty-Hansen inquired whether adding a green roof
to a structure would allow that square footage to be considered pervious. Director Diekmann was
unsure, but observed that it was more common to replace a concrete driveway with pavers to make
that space pervious. Mayor Pro Tem Betcher stated that she would not support expanding the
amount of impervious surface allowed.
Planner Sahlstrom described common standards for allowing ADUs. Usually, only one ADU per
lot is permitted. Generally, the maximum size for a detached ADU is 800 square feet, and the
maximum for an attached ADU is 50% of house size. ADUs must meet zoning development
standards like setbacks. Often only one additional parking space is required. As noted earlier, it is
common to require owner occupancy of one of the units on the property. While these standards
are common, they might result in fewer ADUs being constructed. Planner Sahlstrom also observed
that an initial impetus for developing ADUs was a growing demand for multigenerational housing.
While these policies are common for allowing ADUs, a different set of policies would be more
suited to actively encouraging ADUs. Such policies would include allowing nonconforming lots
to participate, increasing the maximum lot coverage allowed, providing preapproved ADU
designs, not requiring a separate utility connection, not requiring additional parking, and not
requiring owner occupancy.
The City Council expressed interest in several pieces of information to further inform their
decisions about ADUs when the topic returns in April. Council Member Beatty-Hansen noted that
it would be useful to have a sense of how many lots could potentially accommodate ADUs. Planner
Sahlstrom explained that staff would need more guidance on square footage and parking to be able
to evaluate that question. Council Member Junck inquired about finding out which subdivisions
within the City have covenants that allow or prohibit ADUs. Director Diekmann explained that
the City does not keep those covenants on file, but staff would be able to further investigate. Mayor
Pro Tem Betcher asked if staff could easily identify areas that have a high percentage of rentals
which are currently zoned RL to identify potential candidates for zoning changes for
intensification. Director Diekmann stated that he would provide a map of single-family rental
properties with zoning overlayed. Council Member Beatty-Hansen inquired whether staff could
easily obtain information about the number of ADUs that would be possible with current lot
coverage standards. Director Diekmann stated that he would consult with Geographic Information
6
System (GIS) staff to see if good estimates could be obtained without excessive staff time.
Director Diekmann walked through the next steps for the City Council to move forward with
ADUs, duplexes, and residential zoning updates. He noted that staff would return to the City
Council in April with further information to seek specific direction on 1) whether to allow ADUs
citywide or only in designated zones; 2) whether to allow for new construction of ADUs and/or
conversions; 3) what types of zoning standards to change, if any; 4) types of community outreach
for any proposed standards; 5) creating design guidelines for infill housing and redevelopment
sites; and 6) any priorities for sub-area planning at this time. Director Diekmann emphasized that
design guidelines for infill and redevelopment should be the starting point to provide a working
understanding as a basis for decision-making on topics like duplexes, ADUs, and townhomes. He
also noted that state-level legislation under consideration may change local authority over design
guidelines. Director Diekmann raised a referral request from Kurt Friedrich regarding a vacant
property on Jewel Drive. A preexisting duplex on the property was demolished ten years ago, and
Friedrich is not allowed to rebuild the duplex because it has been gone for more than one year.
Director Diekmann noted several options for resolving this situation, encouraging further
discussion after design guidelines and policy on duplexes and zoning emerged.
Council Member Gartin stated that ADUs will not be sufficient to achieve the goal of increasing
density and expressed interest in focusing on zoning changes along the Lincoln Way Corridor.
Council Member Beatty-Hansen agreed that redevelopment can have a fast and more substantial
impact, but clarified that she also wants to pursue ADUs.
Moved by Gartin, seconded by Beatty-Hansen, to ask staff to return with recommendations of
areas where zoning could be changed to increase density.
Vote on Motion: 5-0. Motion declared carried unanimously.
In response to a query from Council Member Gartin, Director Diekmann explained that the Story
County Board of Supervisors had not responded to the City with a formal letter regarding the 28E
Agreement for the Urban Fringe Plan. He expected a response by the end of March so that the
process could be finalized by the end of April, when the current agreement will expire.
To conclude, Director Diekmann encouraged the City Council to reflect on what kind of
community outreach should be implemented for ADU policy. He recognized the extensive
research done by Planner Sahlstrom, and reiterated his intention to gather as much information as
possible to inform the decisions of the City Council when the topic comes back in April.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: There were no dispositions to the
City Council.
COUNCIL COMMENTS: Mayor Pro Tem Betcher welcomed Iowa State University students
back from break, hoping that everyone felt refreshed.
ADJOURNMENT: Moved by Beatty-Hansen, seconded by Junck, to adjourn the meeting at 8:32
p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
2
MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MARCH 30, 2023
The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 5:00
p.m. on the 30th day of March, 2023, in Conference Room 235 in City Hall, 515 Clark Avenue,
pursuant to law. As it was impractical for the Council Members to attend in person, Council
Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, and Rachel Junck
were brought in electronically. Ex officio Tabitha Etten also joined the meeting electronically.
Council Member Rollins was absent.
SUBMITTAL OF SECOND SUBSTANTIAL AMENDMENT TO THE CITY’S 2021/22
CDBG/HOME ANNUAL ACTION PLAN TO INCLUDE HOME-AMERICAN RESCUE
PLAN (HOME-ARP) PROGRAM FUNDS: Housing Coordinator Vanessa Baker-Latimer
noted action was required in order to approve the submittal of the City’s 2021/22 CDBG/HOME
Annual Action Plan that includes HOME-American Rescue Plan (HOME-ARP) Program Funds
in the amount of $1,269,248, which was not done at the previous hearing on March 28, 2023, and
she thanked the City Council for coming together on short notice to support this item. There were
no further questions from the City Council.
Moved by Beatty-Hansen, seconded by Betcher, to adopt RESOLUTION NO. 23-194 approving
Alternative 1: Approve the Second Substantial Amendment to the City’s CDBG 2021-22
CDBG/HOME Annual Action Plan that incorporates a special allocation of HOME-ARP funding
in the amount of $1,269,248:
a. To provide assistance to the following QPs: 1) Homeless individuals and families; 2)
individuals and families at risk of homelessness, and 3) individuals and Persons fleeing or
attempting to flee domestic violence, dating violence, sexual assault, stalking, or human
trafficking, as defined by HUD (QP #3 has preference)
b. To provide funding for the acquisition, construction, and/or rehabilitation of Non-
Congregate Shelters as the primary eligible activity
c. Approve the submittal of the Action Plan to HUD for its approval on or by March 31,
2023
Roll Call Vote: 5-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there
were no items to consider.
COUNCIL COMMENTS: No comments were made.
2
ADJOURNMENT: Moved by Beatty-Hansen, seconded Betcher, to adjourn the meeting at 5:02
p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Deputy City Clerk 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)
Water &
Pollution
Control
Well Rehabilitation Project 2 $141,625.00 Northway Well & Pump
Co.
$20,463.00 $5,886.00 D. Schildroth QE
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: March 2023
For City Council Date:
Item No. 6
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
Ames Pool Hall LLC
NAME OF BUSINESS(DBA)
Sams Place
BUSINESS
(515) 779-1110
ADDRESS OF PREMISES
125 Main Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
2718 Douglas Avenue
CITY
Des Moines
STATE
Iowa
ZIP
50310
Contact Person
NAME
Sam Touzani
PHONE
(515) 285-0007
EMAIL
sam@fundamentax.com
License Information
LICENSE NUMBER
LC0049116
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
Nov 14, 2022
EXPIRATION DATE
Nov 13, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
PRIVILEGES
Item No. 7
Page 2 of 2
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
No Ownership information found
Insurance Company Information
INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Cinemark USA Inc.
NAME OF BUSINESS(DBA)
Cinemark Movies 12
BUSINESS
(972) 665-1000
ADDRESS OF PREMISES
1317 Buckeye Avenue
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
3900 Dallas Pkwy.
CITY
Plano
STATE
Texas
ZIP
75093
Contact Person
NAME
Liquor Licenses
PHONE
(972) 665-1625
EMAIL
liquorlicensing@cinemark.com
License Information
LICENSE NUMBER
LC0044421
LICENSE/PERMIT TYPE
Class C Liquor License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
May 1, 2022
EXPIRATION DATE
Apr 30, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Liquor License
Item No. 8
Page 2 of 3
PRIVILEGES
Sunday Service
Status of Business
BUSINESS TYPE
Corporation
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Sean
Gamble
Dallas Texas 75248 EVP,CFO, T & Assist. Sec.0.00 Yes
Michael
Cavalier
McKinney Texas 75069 Vice President, General
Counsel and Secretary
0.00 Yes
Melissa
Thomas
Dallas Texas 75205 Vice President, CFO and
Assistant Secretary
0.00 Yes
Insurance Company Information
INSURANCE COMPANY
ZURICH-AMERICAN INS
COMPANY
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
Page 3 of 3
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
CHRISTIANI'S EVENTS, L.L.C.
NAME OF BUSINESS(DBA)
Christiani's Events
BUSINESS
(515) 360-8069
ADDRESS OF PREMISES
2601 East 13th Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
1150 East Diehl AvenueJordan
Park
CITY
Des Moines
STATE
Iowa
ZIP
50315
Contact Person
NAME
Peter Worsham
PHONE
(515) 360-8069
EMAIL
peter@christianiscatering.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
5 Day
STATUS
Pending
Dramshop
Review
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
PRIVILEGES
Item No. 9
Page 2 of 2
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Carol Christiani Des Moines Iowa 50321 LLC Member 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
KHJ LLC
NAME OF BUSINESS(DBA)
Pasta al Forno
BUSINESS
(254) 592-0325
ADDRESS OF PREMISES
2601 East 13th Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
2601 East 13th Street
CITY
Ames
STATE
Iowa
ZIP
50010
Contact Person
NAME
Valdet kelmendi
PHONE
(254) 592-0049
EMAIL
vali534@hotmail.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
PRIVILEGES
Status of Business
Item No. 10
Page 2 of 2
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Valdet Kelmendi Mason City Iowa 50401 owner 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
United Fire & Casualty Company
POLICY EFFECTIVE DATE
Mar 15, 2023
POLICY EXPIRATION DATE
Mar 15, 2024
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
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 21, 2023
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for April 11th, 2023, includes beer permits and liquor license
renewals for:
Cyclone Experience Network (1705 Center Drive Hilton Coliseum) Class
C Retail Alcohol License with Outdoor Service and Catering Privilege
Perfect Games, Inc. (1320 Dickinson Avenue) Class C Liquor License with
Outdoor Service and Catering Privilege
Szechuan House (3605 Lincoln Way) Special Class C Retail Alcohol
License
Provisions Lot F (2400 North Loop Dr.) Class C Retail Alcohol License
with Outdoor Service and Catering Privilege
Hy-Vee Fast and Fresh #2 (636 Lincoln Way) Class E Retail Alcohol
License
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
listed businesses.
Item No. 11
1
ITEM #: 12
DATE: 04-11-23
DEPT: Admin
COUNCIL ACTION FORM
SUBJECT: REQUEST FROM DELLA VITI (323 MAIN STREET) TO ALLOW
ALCOHOL SERVICE AT A SIDEWALK CAFÉ
BACKGROUND:
In 2017, the City Council adopted new regulations regarding Sidewalk Cafés. These
regulations allow for alcohol service in certain circumstances. Establishments that, under
Section 17.16 of Municipal Code, may allow minors on the premises are permitted to
serve alcohol at their sidewalk cafés without prior special approval. These applications
are approved by staff as long as the applicant obtains the appropriate Outdoor Service
Privilege for its license. Establishments that are not allowed to have minors on the
premises under Section 17.16 of Municipal Code must request approval from the
City Council to serve alcohol at their sidewalk cafés.
Della Viti (323 Main Street) has submitted a request to implement a sidewalk café and
serve alcohol at it. This establishment has received Council approval to operate a
sidewalk café with alcohol sales annually since the 2017 sidewalk café season. Della Viti
has a Class C Liquor License and, because a majority of its sales come from selling
alcoholic beverages, may not have minors on the premises according to Section 17.16 of
Municipal Code. Therefore, approval from the City Council is required to allow alcohol
service at its proposed sidewalk café.
The sidewalk café regulations call for the City Council to consider requests from
establishments in Della Viti’s situation on a case-by-case basis. The Code specifies that
the City Council shall consider the following factors when presented with a request:
1. Site Conditions – Della Viti’s proposed site is open and unobstructed by existing
street furniture, utility accesses, or other equipment. The proposed sidewalk café
will utilize four tables and will take up five and a half feet of the 13-foot sidewalk.
There is a large window in the front of the establishment that will allow staff to
monitor the entire sidewalk café from inside the building. Della Viti has indicated a
staff person will be dedicated to monitoring the sidewalk café.
2. Compliance History/Staff Training – A review of Police records indicates no
liquor or nuisance violations in the past at Della Viti. According to the applicant,
three of the four staff members have participated in I-PACT (Iowa Program for
Alcohol Compliance Training), the fourth staff member is scheduled to go through
I-PACT soon. The applicant has stated that in-house training continues to be
conducted with staff when they are hired, which includes ID checking. Additionally,
it is a policy to take IDs from every patron who enters the premises in exchange
for a card which operates the wine-dispensing system.
2
3. Other Factors the Council Deems Relevant – During the review of previous
requests from Della Viti, the City Council did not identify other factors to consider
when weighing whether to grant approval for requests of this type. Should the City
Council have specific concerns, staff could request additional information from the
applicant before the Council moves forward with approving or denying the request.
In addition to the above three specific issues the Council must take into consideration
with this request, the Municipal Code requires that any sidewalk café at which alcohol is
served must operate with additional restrictions compared to those where alcohol is not
served. The additional, required restrictions that would apply to Della Viti are:
Patron ingress and egress shall be controlled and continually monitored by staff
No alcoholic beverages may be sold or served later than 10 p.m.
Patrons may not consume outside beverages on the premises
Finally, the Municipal Code empowers the City Council to impose special conditions on
any sidewalk café granted an exception to dispense alcohol if it feels such restrictions are
appropriate. No conditions were imposed by the Council in granting previous approvals
for Della Viti.
Upon staff review of the application materials, the application appears complete
and in order. Della Viti’s current Outdoor Service Privilege is valid through June
17, 2023. Because holding the appropriate liquor control license is a pre-requisite
to allow alcohol service at a sidewalk café, Council approval of Della Viti’s request
to serve alcohol must be made subject to maintaining an Outdoor Service Privilege
if it would like to continue providing alcohol service at its sidewalk café during the
second half of the 2023 Sidewalk Café season.
The Council should note that the Della Viti Sidewalk Café is located within the area
that is anticipated to be used for the beer garden and entertainment area for the
RAGBRAI overnight stop on July 25-26. Therefore, consistent with the 2018
RAGBRAI event, staff is proposing that the Della Viti Sidewalk Café not be
permitted to allow alcoholic beverages from Della Viti after 4:00 p.m. only on July
25, but Della Viti would not be required to remove its sidewalk café fixtures that
evening. This will help manage the delineation between the Della Viti licensed
premises and the RAGBRAI outdoor service area premises. Staff has reviewed this
proposed arrangement with the applicant (Della Viti) and has been told it is
acceptable.
ALTERNATIVES:
3
1. Approve the request from Della Viti to allow alcohol service at its sidewalk café
during the 2023 sidewalk café season, subject to Della Viti maintaining its Outdoor
Service Privilege. The approval is conditioned upon no alcohol service from Della
Viti being provided within the Sidewalk Café between 4:00 p.m. July 25 and 2:00
a.m. July 26, 2023.
2. Refer the request to staff for additional information.
3. Deny the request.
CITY MANAGER’S RECOMMENDED ACTION:
It is important to ensure that alcohol service in public places occurs in an appropriate
environment. Municipal Code requires a higher level of scrutiny for establishments where
alcohol service is taking place and there is little to no food service, as compared to
establishments where alcohol is ancillary to the food service.
In this instance, the establishment has an exceptional compliance record, and has
adopted procedures that maintain a safe, controlled environment where alcohol is served.
The establishment has participated in additional training for its staff to maintain
compliance. The application for the sidewalk café indicates a proposed outdoor service
area that can be easily monitored and that does not attempt to overcrowd the area. The
applicant has responded cooperatively to requests for additional information and appears
to have a good understanding of the requirements in place for compliant service.
It should be noted that the alternatives presented indicate approval is for only the
2023 sidewalk café season (April through October, according to Municipal Code).
Sidewalk café applications must be completed anew each season; they do not carry over
from year-to-year. This follows the practice established with approval of previous requests
for alcohol service at sidewalk cafes. Requiring new requests each year ensures an
opportunity to review performance and impose special conditions or withhold approval if
the establishment fails to meet the Council’s expectations.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
Caring People Quality Programs Exceptional Service
MEMO
To: Mayor and City Council
From: Brian Phillips, Assistant City Manager
Date: April 11, 2023
Subject: Rescheduling July and December City Council Meetings
City staff is requesting Council approval to cancel the July 25, 2023 City Council
meeting and replace it with a Council meeting on July 18, 2023. Staff is also
requesting to cancel the December 26, 2023 City Council meeting and to replace it
with a Council meeting on December 19, 2023. The proposed replacement dates are
both normally reserved for Council workshops.
The request to move the July 25 meeting to July 18 is due to the arrival of RAGBRAI
on July 25. Ames is an overnight stop on the route for the evening of July 25.
Therefore, many residents will be participating in RAGBRAI festivities, and staff and
Council Members will have duties assisting with the event. Further, with the planned
downtown entertainment, it may be difficult for anyone attending a Council meeting to
find a clear route to City Hall or nearby parking.
The request to move the December 26 meeting to December 19 is due to the closure of
City offices on December 25-26 for the Christmas holiday.
Item No. 13
Caring People Quality Programs Exceptional Service
515.239.5105 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
Office of the Mayor
MEMO
To: City Council
From: John A. Haila, Mayor
Date: April 11, 2023
Subject: Appointment to City Boards and Commissions
At the March 14, 2023 City Council meeting, the City Council confirmed a variety of
appointments to the City’s boards and commissions. There remain a handful of
vacancies to be filled, so I have examined applications submitted in previous years to
identify individuals who are interested and qualified to serve.
After consulting with City staff, I am pleased to recommend for City Council
confirmation the appointment of Kristin Dillavou to the Property Maintenance
Appeals Board to fill a three-year term.
JAH/jsn
Item No. 14
1
ITEM #:
DATE: 04-11-23
DEPT: CMO
COUNCIL ACTION FORM
SUBJECT: REQUEST TO MODIFY FY 2022/23 ASSET ALLOCATION TO
HEARTLAND SENIOR SERVICES
BACKGROUND:
Heartland Senior Services (HSS) has submitted a request to the City to modify its FY
2022/23 ASSET allocation by transferring a total of $13,590 from the following services
to the Home Delivered Meals (HDM) program: $4,500 from Activity and Resource Center,
$2,590 from Congregate Meals, and $6,500 from Outreach.
HDM participation remains strong with over 230 meals delivered daily compared to pre-
pandemic meal delivery of 125 meals daily. HSS exhausted its City allocation of funds for
HDM as of October 2022 and, therefore, is requesting that funds be reallocated to the
Home Delivered Meals service.
The revised allocations appear in the table below.
Service Original
Allocation
Change Revised
Allocation
Activity/Resource Center $ 8,256 - $ 4,500 $ 3,756
Congregate Meals 2,590 - 2,590 0
Outreach 47,197 - 6,500 40,697
Home Delivered Meals 73,290 + 13,590 86,880
TOTAL $ 131,333 $ 0 $ 131,333
If the request to reallocate funds to the HDM program is approved, the unit rates of all
four services will remain unchanged. The number of units purchased will increase for the
HDM program and a reduction will occur for the Activity and Resource Center,
Congregate Meals, and Outreach since amounts would be transferred to the HDM
program. HSS will be able to draw down HDM units already provided during this
fiscal year, but which have not been paid because City funds have been exhausted
in the HDM program since October 2022.
ALTERNATIVES:
1. Approve the request to modify the City’s FY 2022/23 ASSET contract with HSS by
reallocating $4,500 from Activity and Resource Center, $2,590 from Congregate
Meals, and $6,500 from Outreach to the Home Delivered Meals (HDM) program
for a total of $13,590.
15
2
2. Do not approve the request.
CITY MANAGER’S RECOMMENDED ACTION:
The reallocation of City funds will provide the support for this continued need in the
community. Similar requests have been made to other ASSET funders, specifically Story
County and United Way of Story County.
Therefore, it is the recommendation of the City Manager that City Council adopt
Alternative No. 1, thereby approving the request to modify the City’s FY 202 2/23 ASSET
contract with HSS, as described above.
HSS Mission: Heartland Senior Services of Story County offers life–enriching
opportunities for older adults and provides support for their families and caregivers.
205 S. Walnut Avenue, Ames, IA 50010
(515) 233-2906 (office)
(515) 231-4354 (cell)
ncarroll@hsservicesia.com
April 4, 2023
Honorable Mayor John Haila and City Council Members:
On behalf of our Board of Directors, I respectfully request that the City transfer the following
FY22/23 ASSET funding amounts: $2,590 from Congregate Meals, $6,500 from Outreach, and
$4,500 from Activities to Meals on Wheels. These transfers would total $13,590.
This request is being made for three reasons:
1) Due to covid some seniors are still cautious about meeting with an Outreach Specialist in
person. Although we visit/support these individuals with phone calls, it reduces the amount of
time (units of service) versus meeting in person. It should be noted; it is always best to meet in
person because the Specialist can better assess/support their overall life situation. In FY23/24
we anticipate that in person visits will return to pre-pandemic levels.
2) Our new building is under construction which has caused disruption to Activities and
Congregate Meals.
3) Meals on Wheels participation has remained strong with over 230 meals delivered daily
Monday through Friday. Prior to the pandemic 125 meals were delivered daily.
City ASSET funding for Meals on Wheels was drawn-down in its entirety between July and
October 2022.
Thank you for considering this request. If you need additional information please contact me.
Sincerely,
Nancy
Nancy Carroll
Executive Director
1
ITEM #: 16
DATE: 04-11-23
DEPT: ELEC.
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR ALUMINUM CABLE FOR ELECTRIC
SERVICES DEPARTMENT
BACKGROUND:
This bid is for the purchase of 7,500 feet of 500 KCMIL aluminum cable to replenish
inventory for the Electric Services Department. Cable of this type is kept on hand to
ensure availability for the needs of the department. Typically, this item is used to provide
service for commercial and residential applications and is necessary to meet the
anticipated needs of the Electric Services Department for new construction and
maintenance projects.
On March 9, 2023, an Invitation to Bid (ITB) was issued. The ITB was viewed by 16
vendors. On March 21, 2023, five bids were received as shown below:
BIDDER TOTAL COST
RESCO, Ankeny, IA $ 69,416.25
WESCO Distribution, Des Moines, IA $ 76,558.50
Graybar Electric, Des Moines, IA $ 113,152.50
Graybar Electric, Des Moines, IA – Alternate 1 $ 133,750.00
Power Line Supply, Williamsburg, IA $ 593,315.00
*Price inclusive of 6% State of Iowa Sales Taxes Plus 1% Local Tax
Graybar Electric submitted two bids, reflecting cable from two separate manufacturers.
The Graybar Electric Alternate 1 and Power Line Supply bids include requirements for a
10,000-foot minimum order of cable. Therefore, these two bids reflect the cost for 10,000
feet of cable rather than the 7,500 feet of cable specified in the invitation to bid. All other
bids reflect the costs for 7,500 feet of cable. Staff reviewed the bids and concluded
that the low bid from RESCO, Ankeny, Iowa, met the specification for the 500 KCMIL
aluminum cable and is acceptable.
The City Council should note that because of the metal content of this product, RESCO
attached a metal escalation/de-escalation clause (capped at no more than 10%) due to
the volatile market for metal. Therefore, the actual price charged to the City may be
adjusted depending on the day the cable is shipped.
2
RESCO’s estimated delivery time is 40 weeks, and its bid was $7,142 less than the bid
from the second low bidder, WESCO Distribution. WESCO did not include an
escalation/de-escalation clause. For WESCO’s higher bid to be a better value for the City
compared to RESCO’s low bid, the price of aluminum cable would need to increase by
over 10% in the next 40 weeks. Staff reviewed changes in t he prices of aluminum cable
over the past 40 weeks to determine whether the inclusion of the escalation/de -escalation
clause in RESCO’s bid increases the risk to the City in a manner that outweighs the
apparent savings.
In the past 40 weeks, the price of aluminum cable has actually decreased by 2%.
The largest increase experienced during the past 40 weeks has been 5%. Although
the previous history of the aluminum cable pricing changes is not a guaranteed
indicator of future volatility, staff believes it is unlikely that prices would rise high
enough as to make WESCO’s bid a better value.
ALTERNATIVES:
1. Award a contract to RESCO, Ankeny, IA, for the purchase of Electric Services
aluminum cable in accordance with the bid amount of $69,416.25 (inclusive of Iowa
sales tax), subject to a +/- 10% metals escalation/de-escalation adjustment at the
time of shipment.
2. Award a contract for the purchase of Electric Services aluminum cable to one of
the other bidders.
3. Reject all bids and attempt to purchase aluminum cable on as needed basis.
CITY MANAGER’S RECOMMENDED ACTION:
The Electric utility needs a supply of aluminum cable on hand to meet the needs of
commercial and residential customers. The low bid for this cable is acceptable to Electric
Services. Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative No. 1 as stated above.
This material will be going into inventory and, therefore, there is no budget for this original
purchase. However, the material will be charged to projects which do include funding for
the cable purchase in their budgets.
1
ITEM#: 17
DATE: 04-11-23
DEPT: Transit
COUNCIL ACTION FORM
SUBJECT: CYRIDE 2023 HVAC IMPROVEMENT PROJECT AWARD OF
CONTRACT
BACKGROUND:
The CyRide 2023 HVAC Improvement Project (Bid No. 2023-137) was released on
February 15, 2023. Plans and specifications called for replacing aging heating, ventilation,
and air conditioning (HVAC) equipment that serves the maintenance paint bay, body
shop, and tire area of the CyRide facility. The bid had two alternates. Bid alternate #1
called for adding a fall protection railing on the roof edge in lieu of a roof -mounted fall
protection tie-off point. Bid alternate #2 was to remove the building HVAC controls
integration from the project.
The following budget has been reserved for this project , including additional funds
approved by the Transit Board at their March 30, 2023, meeting:
Funding Sources Dollars
State PTIG Funds $331,548
Local Grant Match $82,887
Carryover from the 2022 HVAC Improvement Project Grant $76,201
Transfer from Operations Fund Closing Balance $97,589
Total Project Budget $588,225
Bids were due on March 15, 2023. Two bids were received for the project, summarized
below, with the complete bid tabulation attached to the council packet.
Bidder Base Bid Alternate #1 Alternate #2
Mechanical Comfort Inc. $ 534,750 $ 11,645 ($43,835)
Stein Heating and Cooling $ 579,500 $ 6,900 ($62,500)
Mechanical Comfort Inc. of Ames, Iowa, was the low bid on this project. After evaluating
the cost of bid alternatives with CyRide’s A&E firm, ASK Studios, staff is
recommending accepting the base bid and rejecting both bid alternatives. The
2
analysis of the A&E firm is attached to the council packet. The final award amount is
$534,750, leaving $53,475 available in the project budget as a contingency fund.
The Transit Board approved award of contract for the base bid and rejection of both
bid alternates at their meeting on March 30, 2023.The final award of contract will be
subject to approval by the Iowa Department of Transportation Office of Public
Transit.
ALTERNATIVES:
1. Approve award of contract to Mechanical Comfort Inc. of Ames, Iowa for the base
bid for a total cost of $534,750 and reject alternate #1 and alternate #2.
2. Reject all bids and do not approve the award of contract to Mechanical Comfort
Inc. of Ames, Iowa.
CITY MANAGER’S RECOMMENDED ACTION:
Awarding a contract to Mechanical Comfort for the full base bid price would allow CyRide
to replace obsolete HVAC equipment in the facility and permit the integration of the new
equipment into the existing HVAC facility control system. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1.
CITY OF AMES, IOWA
karen.server@cityofames.org
BID NO. 2023-137
CyRide 2023 HVAC Improvement
Project
Mechanical Comfort
Ames, IA x x x x x x x $534,750.00 $11,645.00 ($43,835.00)
Webster City, IA x x x x x x x x $579,500.00 $6,900.00 ($62,500.00)
Deduct Add Alternate
x
3716 Ingersoll Avenue, Suite A, Des Moines, IA 50312
P: 515.277.6707
ARCHITECTURE INTERIORS PLANNING
March 27, 2023
Ms. Barbara Neal, Director of Transit
CyRide
601 N. University Boulevard
Ames, IA 50010
Ms. Neal,
There were two responsive bidders which submitted proposals for the CyRide HVAC
Improvements, Phase III project. Both bids exceeded the Opinion of Probable Cost.
We recommend the acceptance of the bid proposal from Mechanical Comfort to complete work
associated with the base bid as described in the project specifications for $534,750. This cost
is reasonable due to the increase in material costs industry wide as well as an increase in
inflation beyond usual levels.
Given Mechanical Comfort’s knowledge of the facility, we believe the low bid will bring a good
value to CyRide.
Regards,
ITEM #: 18
DATE: 04-11-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: PRECONSTRUCTION AGREEMENT WITH IOWA DEPARTMENT OF
TRANPORTATION FOR US HIGHWAY 69 (GRAND AVENUE AND
SOUTH DUFF AVENUE) RESURFACING
BACKGROUND:
In FY 2023/24, the Iowa Department of Transportation (IDOT) will be resurfacing Grand
Avenue (US Highway 69) between Murray Drive and Lincoln Way and will also be
resurfacing South Duff Avenue between Lincoln Way and Jewel Drive. The IDOT has
been coordinating the details of the resurfacing with City staff. The City is responsible for
paying for curb and gutter repair, storm sewer intake repair, and any resurfacing not
directly within the curb lines of the project (such as intersection connections to side
streets). The City will also coordinate with the IDOT to convert traffic signal detection from
an inductive loop system to a GRIDSMART camera detection system. Th e costs of the
detection upgrade will be shared equally between the City of Ames and the IDOT.
The attached agreement is a standard IDOT agreement between the parties that indicates
costs and responsibilities during the project and maintenance after project completion.
Maps are included with the agreement. The estimated cost for construction of the
City’s portion of the improvements is $290,785. The 2023/24 US Highway 69
Improvements program includes $575,000 of Road Use Tax to fund the
improvements included in the project agreement.
ALTERNATIVES:
1. Approve the Preconstruction Agreement with the Iowa Department of
Transportation for US Highway 69 (Grand Avenue and South Duff Avenue)
Resurfacing
2. Direct staff to work with the IDOT to make changes to the agreement.
CITY MANAGER’S RECOMMENDED ACTION:
The resurfacing of US Highway 69 will improve a very busy arterial street corridor. In
addition, the project will provide upgrades to important storm sewer, curb and gutter, and
traffic control infrastructure. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1, as noted above.
July 2014
2023-6-041_Ames.docx 1
IOWA DEPARTMENT OF TRANSPORTATION
Preconstruction Agreement
For Primary Road Project
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the city of Ames, Iowa, a Local Public Agency, hereafter designated the "LPA"
in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable;
The DOT proposes to establish or make improvements to U.S. 69 within Story County, Iowa; and
The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided;
and
This Agreement reflects the current concept of this project which is subject to modification by mutual
agreement between the LPA and the DOT; and
Therefore, it is agreed as follows:
1. Project Information
a. The DOT will design, let, and inspect construction of the following described project in accordance
with the project plans and DOT standard specifications:
Hot Mix Asphalt (HMA) resurfacing with milling from south of Jewel Drive to north of Bloomington
Road in Ames. (See Exhibit A for location)
b. As part of the project, the LPA has requested the installation of new pedestrian push button pedestals
at a handful of the traffic signals so that they meet the current Americans with Disabilities Act (ADA)
requirements. The LPA has also requested curb, gutter, and intake repair within the city. All of these
projects will be completed all at no cost to the DOT. (See Exhibit B for location and Exhibit C for
costs).
c. As part of the project, traffic signals at Wheeler/Northwood Drive, South 3rd Street, Chestnut Street,
and the westbound U.S. 30 ramp will be converted from a loop travel signal detection to a
GRIDSMART camera system prior to project letting. The cost will be shared equally between the
LPA and the DOT. (See Exhibit C for costs).
d. Upon completion of construction, the LPA agrees to accept ownership and jurisdiction of the following
referenced improvements. The LPA shall also assume responsibility for all future maintenance
operations associated therewith, all at no additional expense or obligation to the DOT:
i. Paved fillets will be constructed at the following locations (see Exhibit C):
a) Jewel Street, (East side of U.S. 69)
b) Crystal Street, (East side of U.S. 69)
c) South 3rd Street (East side of U.S. 69)
July 2014
2023-6-041_Ames.docx 2
d) S 2nd, East and (West side of U.S. 69)
e) 7th Street, (West side U.S. 69)
f) 7th Street, (East side U.S. 69)
g) 8th Street (West side of U.S. 69)
h) 8th Street (East side of U.S. 69)
i) 9th Street (West side of U.S. 69)
j) 9th (East side of U.S. 69)
k) 10th Street (West side of U.S. 69)
l) 10th Street (East side of U.S. 69)
m) 11th Street (East of U.S. 69)
n) 12th Street (West side of U.S. 69)
o) 12th Street (East side of U.S. 69)
p) 15th Street (East of U.S. 69)
q) 16th Street (West side of U.S. 69)
r) 16th Street (East side of U.S. 69)
s) Murray Street, (West of U.S. 69)
t) 28th Street (West side of U.S. 69)
u) 28th Street (East side of U.S. 69)
v) 30th Street (West side of U.S. 69)
w) Northwood Street, (East side of U.S. 69)
x) Wheeler Street, (West side of U.S. 69)
2. Project Costs
a. The LPA shall reimburse the DOT for its share of the project costs estimated at $290,785, as shown
in Exhibit C. LPA reimbursement will be made in three (3) equal yearly installments of approximately
$96,928, each. The first installment will be due upon completion of construction and proper billing by
the DOT. The final two installments will be billed to the LPA one and two years subsequent to the
date of the first billing respectively. The actual amount of reimbursement will be determined by the
quantities in place and the accepted bid at the contract letting.
b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement.
3. Traffic Control
a. U.S. 69 through-traffic will be maintained during the construction.
b. If it becomes necessary to temporarily close LPA side roads during construction, the DOT will furnish
and install the required barricades and signing for the closure at project cost and shall remove same
upon completion of the project also at no expense or obligation to the LPA. The DOT will work in
close cooperation with the LPA and the contractor to accommodate emergency services and local
access across the project during construction. Any detours which may be necessary for project
related LPA road closures will be the responsibility of the LPA all at no expense or obligation to the
DOT.
c. If this project causes the temporary closure of a road during construction, the DOT shall meet with the
LPA to determine whether said closure(s) will cause increased traffic on other LPA roads. The DOT
and the LPA shall determine a plan, and the costs thereof, for the LPA to perform dust control on said
LPA roads with increased traffic, should dust control become necessary. In that event, the LPA shall
inform the DOT prior to performing said dust control. The DOT shall reimburse the LPA for the cost of
said dust control measures following the receipt of a bill for the agreed upon costs (see Iowa Code
section 313.4 subsection 1.b.).
July 2014
2023-6-041_Ames.docx 3
4. Right of Way and Permits
a. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code Chapter
150.3(1)c and 150.4(2) will remove or cause to be removed (within the corporate limits) all
encroachments or obstructions in the existing primary highway right of way. The LPA will also prevent
the erection and/or placement of any structure or obstruction on said right of way or any additional
right of way which is acquired for this project including but not limited to private signs, buildings,
pumps, and parking areas.
b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road
project.
c. The LPA agrees to relocate all city-owned utilities necessary for construction which are located within
the existing street or alley right of way, subject to the approval of and without expense to the DOT
and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility
Accommodation Policy.
d. With the exception of service connections no new or future utility occupancy of project right of way,
nor any future relocations of or alterations to existing utilities within said right of way will be permitted
or undertaken by the LPA without the prior written approval of the DOT. All work will be performed in
accordance with the Utility Accommodation Policy and other applicable requirements of the DOT.
5. Construction & Maintenance
a. Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
b. Future maintenance of the primary highway within the project area will be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
6. General Provisions
a. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting
discrimination and requiring affirmative action to assure equal employment opportunity as required by
Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual
orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which State funds are used.
c. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional,
such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the
Agreement cannot be fulfilled.
July 2014
2023-6-041_Ames.docx 4
e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
f. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this
project. All previously executed agreements will remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
July 2014
2023-6-041_Ames.docx 5
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2023-6-041 as of the
date shown opposite its signature below.
CITY OF AMES:
By: Date , 20___.
Title: Mayor
I, , certify that I am the Clerk of the City, and that
, who signed said Agreement for and on behalf of
the City was duly authorized to execute the same on the day of , 20___.
Signed: _____________________________
City Clerk of Ames, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20___.
Tony Gustafson, P.E.
District Engineer
District 1
rringge8:04:13 AM pw:\\NTPwint1.dot.int.lan:PWMain\Documents\Projects\8506901021\DistrictDesign\850695128_A1.dgn
DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
4/26/2022
ENGLISHFILE NO.
O
LOCATION MAP SCALE
Miles
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NORTHWESTERN
MAIN
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Squaw Creek
Resume Project
Ref. Loc. 116.79
Stop Project
Ref. Loc. 117.06
Resume Project
Ref. Loc. 117.65
N of Bloomington Rd.
End Project
Ref. Loc. 118.48
Stop Project
Ref. Loc. 115.41
Jewel Dr.
Begin Project
Ref. Loc. 113.38
Resume Project
Ref. Loc. 116.11
Stop Project
Ref. Loc. 116.63
Smyth/Adey/Ringgenberg STORY NHSX-069-5(128)--3H-85 A.2
69
69
EXHIBIT A
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 Grand Ave North
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 Grand Ave Mid 1
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 Grand Ave Mid 2
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 Grand Ave South
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 S Duff North
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 S Duff Mid 1
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 S Duff Mid 2
EXHIBIT B
2023-6-041_Ames
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User Community, City of Ames, IA
MUS 69 S Duff South
EXHIBIT B
2023-6-041_Ames
US 69 City of Ames
NHSX-069-5(128)--3H-85
Item Description Unit Unit Price City
Quantity
DOT
Quantity
City Extended
Price
DOT
Extended
Price
1 SY
2 TONS
3 TONS
4 TONS
5 EA
6 SY
7 LF
8 EA
Total:290,785$ 40,000$
EXHIBIT C
2023-6-041_Ames
MEMO
City Clerk’s Office
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: April 11, 2023
Subject: Contract and Bond Approval
There is no Council Action Form for Item No. 19. City Council approval of the contract
and bond for this project is simply fulfilling a State Code requirement.
/cmw
MEMO
City Clerk’s Office
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: April 11, 2023
Subject: Contract and Bond Approval
There is no Council Action Form for Item No. 20. City Council approval of the contract
and bond for this project is simply fulfilling a State Code requirement.
/cmw
ITEM #: 21
DATE: 04-11-23
DEPT: Fleet/Elec
COUNCIL ACTION FORM
SUBJECT: CITY ACCESS CONTROL SYSTEM FINAL ACCEPTANCE
BACKGROUND:
City Hall, all three Fire Stations , and the Power Plant have previously used physical
keys to control access to exterior and interior doors. It was determined that an electronic
access control system would provide security improvements compared to this system .
This access control system uses cards and electronic readers instead of physical keys.
The electronic system provides automatic locking/unlocking of doors, alarms for
unauthorized propping of doors, tracking after -hours access, and the ability to remotely
control card access. Public groups using City Hall conference rooms after hours can
enter the building at specified times without having to pick up a physical key.
A contract was awarded to Commonwealth Electric Company of the Midwest, Des
Moines, Iowa to complete the installation of the access control system at these facilities.
The contract was in the amount of $253,949 for City Hall and Fire Stations and $390,327
for the Power Plant for a total of $644,276.
Three change orders were approved for the City Hall/Fire Station portion of the project.
The first change order was for $18,159 to implement power transfer hinges so there is
no visible wiring at the double doors in City Hall . The second change order, for $3,997,
was for an enrollment reader and additional cabling and pathway. The third change
order, in the amount of $16,442, was for lock down buttons, courtyard door hardwiring,
additional programming, an additional door lock, and a n unlock button for the Court
office. These change orders brings the total for the City Hall and Fire Station portion of
the project to $292,547.
The Power Plant had one change order: a deduct in the amount of $5,270. This was for
the addition of data cabling, fiber optic, additional card access to three doors, power to
a new rollup door, and the deduction of powered gates and labor. This change order
resulted in a total contract cost for the Power Plant portion of the project to $385,057.
The project expenditures and revenues are shown below :
Total Project Budget City Hall/Fire
Stations
Electric
Facilities
Line Item
Total
Expenditures:
Low Bid $ 253,949.00 $ 390,327.00 $ 644,276
Engineering 28,237.50 28,237.50 56,475
Change Orders 38,598.00 (5,270.00) 33,328
TOTAL EXPENDITURES $ 320,784.50 $ 413,294.50 $ 734,079
Revenues:
General Fund Savings $ 300,000.00 $ 300,000
General Fund (Fire) 39,000.00 39,000
FY 2020/21 Electric CIP $ 208,854.00 208,854
Top O’ Hollow Sub. Savings 210,000.00 210,000
TOTAL REVENUES $ 339,000.00 $ 418,854.00 $ 757,854
Due to delays in equipment for the Power Plant project , the City Council approved
paying the retainage on the City Hall/Fire Station portion of the project on September
27, 2022. The Power Plant portion of the project is now complete, and the entire
project is ready for final acceptance.
ALTERNATIVES:
1. Accept the City Access Control System project as completed by Commonwealth
Electric Company of the Midwest of Des Moines, Iowa, in the amount of $677,604.
2. Direct staff to pursue modification to the project.
CITY MANAGER’S RECOMMENDED ACTION::
All work has been completed to install the electronic access control system at these
facilities, and the system is currently in use. Therefore, it is the recommendation of the
City Manager that the City Council adopt Alternative No. 1, as described above.
1
ITEM#: 22
DATE: 4-11-23
DEPT: ELEC
COUNCIL ACTION FORM
SUBJECT: POWER PLANT UNIT #7 BOILER REPAIR PROJECT - CONTRACT
COMPLETION FOR HELFRICH BROTHERS BOILER WORKS, INC.
BACKGROUND
On October 23, 2018, the City Council approved plans and specifications for the Unit 7
Boiler Repair Project. This project included replacing boiler tubes, pendant tubes,
reinsulating the steam and mud drums, and replacing the insulation and lagging on the
boiler.
A contract was awarded on March 26, 2019, to Helfrich Brothers Boiler Works, Inc, of
Lawrence, MA, in the amount of $6,376,685. There were ten change orders to the
contract. Change Orders #1-7 were increases to the contract amount, while Change
Orders #8-10 were decreases to the contract amount:
Change Order #1: On May 14, 2019, was done to increase the purchase order by
$233,260 (inclusive of Iowa sales tax) to perform laser cladding of the alloy into
the boiler tubes.
Change Order #2: On June 20, 2019, was done to increase the purchase order
by $22,951.50 (inclusive of Iowa sales tax) to perform Iris testing on 1380
generating bank tubes.
Change Order #3: On June 20, 2019, was done to increase the purchase order
by $18,931.40 (inclusive of Iowa sales tax) to install additional scaffolding to
accommodate the ultrasonic testing.
Change Order #4: On July 15, 2019, was done to increase the purchase order by
$761,733 (inclusive of Iowa sales tax) to replace additional tubes found to be thin,
not included in the original scope.
Change Order #5: On August 27, 2019, was done to increase the purchase order
by $458,027.41 (inclusive of Iowa sales tax) to supply and install replacement
screen tubes, supply and install replacement seal trough and air seal, supply and
install new over grate air plenum, and perform front water hanger modifications.
Change Order #6: On September 12, 2019, was done to increase the purchase
order by $48,304.08 (inclusive of Iowa sales tax) to perform extra work not included
in the scope, including removing and replacing the existing refractory and removing
and replacing the old penthouse floor casing.
2
Change Order #7: On October 22, 2019, was done to increase the purchase order
by $80,250 (inclusive of Iowa sales tax) to install the new dump grate.
Change Order #8: On October 31, 2019, was done to decrease the purchase
order by $3,698.99 (inclusive of Iowa sales tax) as a credit for portions of Change
Order No. 4 not completed.
Change Order #9: On January 21, 2020, was done to decrease the purchase
order by $10,700 (inclusive of Iowa sales tax) as a reduction in the supply and
installation of replacement seal trough and air seal in Change Order No. 5. The
work was less than originally proposed.
Change Order #10: On March 2, 2020, was done to decrease the purchase order
by $4,661.77 (inclusive of Iowa sales tax) as a credit for the work of a third-party
contractor to insulate and lag a downcomer on the boiler that was cut to provide
access to the boiler.
Final expenditures to Helfrich Brothers Boiler Works, Inc of Lawrence, MA, are in the total
amount of $7,981,081.63 (inclusive of sales tax). All the requirements of the contract
have been met by Helfrich Brothers Boiler Works, Inc. and the Engineer has
provided a certificate of completion.
ALTERNATIVES:
1. Accept completion of the contract with Helfrich Brothers Boiler Works, Inc. of
Lawrence, MA for the Unit 7 Boiler Repair Project and return the retainage to
Helfrich.
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.
1
ITEM #: 23
DATE: 4-11-23
DEPT: P&H
Staff Report
FRINGE PLAN UPDATE AND 28E EXTENSION
April 11, 2023
BACKGROUND:
The City of Ames has been working with Story County and the City of Gilbert on
formulating an updated Ames Urban Fringe Plan (AUFP) over the past year. City Council
agreed to participate in an update process in February of 2022 and identified City priorities
to go along with Story County’s goals for updating the Fringe Plan. A Draft AUFP was
made available for public review and comment in May of 2022.
City Council reviewed public comments, responses from Gilbert and Story County, and
responded to proposed changes to the draft at three prior meetings, of October 25, 2022,
November 22, 2022, and January 10, 2023. The addendum includes background
information from prior meetings and links to those meetings. In conjunction with
these responses to proposed changes to the Draft AUFP Update, the City Council,
Gilbert, and Story County have consented to extending the current 28E agreement for
joint administration of the current Fringe Plan until April 30, 2023.
The Board of Supervisors and Gilbert have responded to the City’s proposed changes
from January with their own proposals (Attachments A and B). The City’s January
response addressed comments from December 2022 that related primarily to the
mapping of the Urban Reserve Overlay for areas north of 190 th Street and southwest of
Hwy 30.
The Urban Reserve Overlay designation is an important component of the AUFP Update
as this designation signals the City’s intent for consideration of future annexation, limits
rural subdivisions within these areas for development purposes, and most importantly
includes provisions for limits on certain conditional uses by Story County.
The City’s January response partially agreed with the earlier County request by
removing all Urban Reserve Overlay designation in the southwest area located
west of State Avenue, but retained the Growth Area designation and related Natural
Area Overlay for the former Champlin property. In response to requests for no
Urban Reserve Overlay north of 190th by the County and for a buffer with no Overlay
by Gilbert, the City reduced the overlay north of 190th Street to extend ¾ of a mile
north of 190th Street and from the railroad tracks east to Arrasmith Trail (east of
Hwy 69). The addendum includes maps of the City’s response.
Based on the attached response letters, neither Gilbert nor Story County has
agreed with the City’s January proposal. Both entities suggest a ¼ mile extension of
Urban Reserve north of 190th Street with the remaining area as Ag and Farm Services.
Story County also responded about the southwest accepting the reduced Urban
2
Reserve Overlay, but requesting again that the former Champlin property be
removed from the Growth Area designation and made to be Ag and Farm Services.
The County also requests clarification that the Meadow Glen Neighborhood,
designated as Rural Residential Existing, would also have the Urban Reserve
Overlay removed.
Story County also suggested two policies be added to the Fringe Plan, one is to
have a policy for directional drilling/boring for utility extensions in the Natural
Areas and secondly that the City will not annex into Urban Reserve until Growth
Areas and Infill options have been utilized by the City. The directional boring is a new
proposal, while the policy for infill utilization has been brought up by Story County during
previous discussions.
Story County has also approved extending the current 28E until June 30 th and
requested Gilbert and Ames do the same. Subsequently, Gilbert has approved an
extension until June 30th as well.
Story County also describes at the end of their letter a request that the City Council
initiate hearings to adopt a AUFP Update even if we do not concur with their
suggested changes to the Draft Plan. If the City Council approves an updated
AUFP, they would then consider City’s approved plan and a new 28E agreement.
POLICY CONSIDERATIONS:
Map Designations North of 190th Street.
Staff does not believe the proposed ¼ mile extension of Urban Reserve Overlay
north of 190th is sufficient for planning for future annexation and consideration of
reasonable development proposals in this area. Staff has no specific mapping option
to propose in response to Gilbert and Story County proposal that would differ from
January proposal of ¾ of a mile. Staff would need direction from City Council on their
priorities for the area to consider a different proposal than the ¾ mile proposal
supported by staff in January.
Map Designations Southwest
The former Champlin property has city sewer and water adjacent to the site and it is
readily serviceable within the current Growth Area designation. The Draft Plan includes
a Natural Area overlay on the property as well which indicates the sensitivity to
environmental features on and adjacent to the site. It should be emphasized that the Staff
is equally concerned about protecting the natural resources in this area. If the site was
annexed and proposed for development, the City has in place established de velopment
tools to manage natural resource conservation, storm water management, and other
unique issues that could arise with development of the site. Staff finds no basis to
remove the Growth Area designation for this site and has no proposal to modify
the designation for this site. City Council would have to indicate to staff what they
believe is an appropriate land use designation or policy for this site if there is to be
a change from the January proposal.
3
The Meadow Glen neighborhood was modified earlier in the process as part of prior
comments for it to be mapped as Rural Residential Existing, which delegates authority to
the County for subdivision review. This area retained the Urban Reserve Overlay at that
time. The City does not anticipate annexation and development within the Meadow Glen
neighborhood directly. Due to the decisions to remove the Urban Reserve Overlay for
areas to the west, the County would like the Urban Reserve Overlay removed from this
area as well due to the unlikely ability of annexation to occur in this area. Removing the
Overlay would still allow for use of the 80/20 provision for annexation for property in this
area if needed, but would remove potential conditional use permit limitations for this
neighborhood, while subdivision review would not change. Staff does not believe this
is a significant change either way for it to be in or out of the Overlay as a developed
area. City Council would need to direct staff of how to designate this area.
Construction with Directional Drilling
The City recently extended utilities on the west side of Ames using directional drilling for
part of a sanitary sewer connection that was located in an existing natural area and
floodway. The Board requests a new policy be added to the Plan preferring such a
construction technique. The AUFP is principally a subdivision and land use policy
document that does not address construction specifications. Staff does not support
adding this type of policy preference to the Plan as it relates to yet undesigned or
located utility extensions for which staff cannot comment on how it would be
applied. City Council would need to give direction if language for a preference of
the directional drilling technique is desirable in order to make a decision regarding
all future projects.
Infill Development Policy
The final request within the County letter is to include a policy limiting annexation within
the Urban Reserve Overlay until development potential is “exhausted” within the
designated growth areas of the City and infill opportunity areas. The City has a strong
desire to support infill as is evident by Ames Plan 2040; however, the City has maintained
throughout the Fringe Plan process that some flexibility related to annexation policies is
critical to respond future growth needs and to maintain the integrity of the plan over the
next 10 years.
Staff believes adding this policy is problematic to administer and inconsistent with Ames
Plan 2040 intent to be flexible and responsive to needs over the next 20 years. Staff is
not in favor of this policy as the City has already reduced the amount of mapped
Urban Reserve Overlay and it would render the Urban Reserve Overlay moot in
relation to near term annexation flexibility as the City could not fully buildout all of
its growth areas and infill potential within the life of the proposed AUFP of the next
10 years.
Extension of 28E
The three cooperators to the AUFP are part of an intergovernmental 28E Agreement for
joint administration. The current AUFP has had a 28E agreement in place since 2011.
The 28E agreement has been extended three times over the past nine months in
4
consideration of the AUFP update process. If the 28E expires no one is bound to the
policies or provisions of the 28E as they related to the AUFP for rezoning, annexation, or
subdivision. The County requests the extension to ensure there is no gap in
administration as cooperators work to complete an updated Plan.
Staff notes that the current 28E is based upon the current Fringe Plan, which does not
reflect policies of the City’s now adopted Comprehensive Plan, Ames Plan 2040. The 28E
limits the ability of the City to consider annexations and indirectly planning for the City’s
growth in a manner consistent with Ames Plan 2040 as Plan 2040 does not match the
growth areas of the old Fringe Plan. Due to the lengthy proceedings to this point in
the process and uncertainty of the process moving forward, staff is not in favor of
extending the 28E.
If the City Council moves forward with initiating adoption of a new Plan there will be a
short amount of time where there is no 28E, but with a new Plan there would be a new
28E agreement. Staff does not believe that a few months would negatively impact the
administration of the Fringe Area for the City as it relates to su bdivision and annexation.
However, if there is no new Plan the City would not need to abide by the old Fringe Plan.
Staff estimates that City Council would agree to extend the 28E until June 30th only
if it is concerned about a gap in administration and it believes the new Plan would
be adopted by June 30th.
OPTIONS:
1) Accept the County’s latest proposal.
2) Direct the City staff to prepare a modified proposal to respond to the cooperators.
3) Take no action in response to proposals from Story County and City of Gilbert, and
let the current 28E agreement expire.
4) Direct staff to propose the City’s own updated Urban Fringe Plan for Council.
STAFF COMMENTS:
Having a Fringe Plan with a 28E offers some expanded benefits beyond what the City
currently enjoys for management of the 2-mile fringe area through subdivision and
annexation authority. The primary benefit would be the commitment of Story County to
not rezone property inconsistent with the Plan, e.g. rezone ag areas to commercial,
industrial, or residential and County’s willingness to limit conditional uses in areas abutting
the City that could impact future compatibility with planned urbanization.
However, City Council must now grapple with whether those benefits are in balance
with the request for limitations related to future growth planning and the Urban
Reserve Overlay as we have defined our priorities within Ames Plan 2040 for
flexibility in growth policies. At this point staff does not believe further changes
from the January proposal are desirable to the City in terms of maintaining
flexibility to address future growth options over the next 10 years envisioned as
5
the life of the AUFP Update and its 28E agreement. If Council agrees that the
potential for growth in the next 10 years is balanced with the County’s
commitments as part of the AUFP it could direct staff to proceed with finalizing a
plan in line with the County and Gilbert’s requests.
As an alternative to their proposal, Story County addresses at the end of their
March letter an option where the City proceeds with hearings to approve an
updated Fringe Plan. Staff has reservations about taking on this initiative without
concurrence from Story County about what is the final AUFP Update and how to complete
a new 28E agreement for its administration. Adopting a Fringe Plan for the City’s own use
has very limited utility compared to our default policies of Plan 2040 for annexation and
subdivision and compared to our current practices for review of rural subdivisions. Staff
believes effectively finalizing a new 28E without County or Gilbert involvement would be
very difficult and likely protract the AUFP approval even longer as details of a 28E would
get discussed even more for implementation. If City Council is in favor of adopting our
own Plan, staff recommends directing staff to propose a final plan for Council
consideration at an upcoming meeting. Staff would likely rely on the November
draft as the basis for a Final AUFP since it addressed the majority of City interests
compared to the January changes.
Overall, based upon the responses by the current cooperators, staff believes the
City Council should take no action related to the recent proposals and allow the
28E agreement to expire.
6
Addendum
City Council first considered the detail of a request to partner with Story County and
Gilbert on a process to update the Ames Urban Fringe Plan on February 15, 2022. This
report is available here. Staff reviewed the Story County request and their priorities and
identified priorities for the City of Ames. City Council voted to proceed with a cooperative
update with the goal of formulating a draft plan during the spring of 2022 and the intent of
adopting a new plan during the summer of 2022.
At its October 25, 2022 meeting, the City Council reviewed draft Ames Urban Fringe Plan
Update public comments and recommended changes that were received from the Board
of Supervisors. The Board of Supervisors response letter was dated September 20th. The
original staff report with the public comments is available at this link. At the October
meeting, staff discussed how changes to the draft Plan proposed by the Board of
Supervisors did not meet many of the City’s priorities for a cooperative fringe plan
compared to the City’s standard subdivision and annexation authority. This included
changes to the Urban Reserve Overlay, annexat ion policies, and consideration of
limitations on conditional uses in the county. City Council directed staff to provide edits
to the draft plan in consideration of the County’s concerns and the City’s priorities and
return with recommend options. At that time the current 28E was set to expire on
November 7, 2022 and City Council voted to support extending it until January 1,
2023
On November 22, 2022 the City Council reviewed staff’s options for changes to the Draft
AUFP. At that time the City emphasized flexibility in planning for growth and the benefits
of limiting some conditional uses in the County while also agreeing to some defined
limitations on annexation, removing some periphery area of Urban Reserve to the
northwest of the city, and modifying Meadow Glen neighborhood land use designation.
City Council directed staff to provide a response to the County and Gilbert about their
proposed modifications to the draft plan. Full details are included with the November
report available at this link. City staff provided a letter outlining the City Councils decision
and an edited update of the Draft Plan on November 23rd to representatives of the Gilbert
and Story County.
Gilbert and the Board considered the City’s proposal and requested an extension of the
28E. The County responded by agreeing to consider some conditi onal use permit
limitations and other details of the proposal, but focused on requesting additional and
changes to the Urban Reserve Overlay mapping in general and specifically in the
southwest and north of 190th Street, Gilbert also desired to not allow any option for growth
north of 190th Street. City Council considered the 28E extension request on
December 20th and voted to extend it until April 30th.
On January 10, 2023, City Council thoroughly review the cooperators responses to the
November proposal and responded by agreeing to remove the Urban Reserve Overlay in
the southwest and to modify the proposal north of 190th street to areas east of the railroad
tracks and to leave a ¼ mile buffer between Ames and Gilbert at 180th Street. The full
report from January 10th is available at this link. City staff promptly provided the response
as directed by City Council to the cooperators. Maps of changes are on the next page.
7
Southwest
March 28, 2023
Mayor John Haila and Members of the Ames City Council
City of Ames
515 Clark Avenue
Ames, IA 50010
Mayor Jon Popp and Members of the Gilbert City Council
City of Gilbert
105 SE 2nd Street
Gilbert, IA 50105
RE: Changes to the Draft Ames Urban Fringe Plan
Dear Mayor Haila, Mayor Popp, and City Council Members,
The Board of Supervisors has considered the changes to the draft Ames Urban Fringe Plan Future Land
Use Map offered by the Ames City Council on January 10, 2023, and the City of Gilbert’s February 24,
2023, and March 20, 2023 responses. We appreciate the cooperators’ continued work, and the
compromises offered, to facilitate the development of a mutually-agreed upon and beneficial Plan.
Toward this goal, the Board makes the following requests for changes:
Urban Reserve Overlay between Ames and Gilbert
Remove the Urban Reserve Overlay from the area one-quarter mile north of 190th to
180th Street. See Attachment A for a proposed map for this area. This would allow one-
quarter mile of Urban Reserve directly north of 190th. The Board requests the remaining
area be mapped as Agriculture and Farm Service only.
Urban Growth and Urban Reserve Overlay Mapping Southwest of Ames
Remove Urban Growth designation from the Champlin property and adjacent
properties, mapping them as Agriculture and Farm Service. See Attachment B for a
proposed map.
Remove the Urban Reserve Overlay from the areas zoned residential along Meadow
Glen Road. We believe the mapping of Meadow Glen was an oversight, since with the
STORY COUNTY
BOARD OF SUPERVISORS
LISA K. HEDDENS
LINDA MURKEN
LATIFAH FAISAL
Story County Administration
900 Sixth Street
Nevada Iowa 50201
515-382-7200
515-382-7206 (fax)
removal of the Urban Reserve Overlay from the area southwest of Ames, it would not
be possible to annex this area voluntarily. See Attachment B for a proposed map.
General Policies.
Add a policy to the Environmentally Sensitive Area Overlay that a city shall consider
directional drilling as the preferred installation method for sewer and other
infrastructure when crossing streams or other sensitive areas.
Add a policy to the Urban Reserve Overlay that the City of Ames will not pursue
annexation of any area designated as Urban Reserve until all infill, development and
rezoning potential have been exhausted within 2023 city limits and the areas identified
as Urban Growth in this plan.
The Board understands the importance and value of the Ames Urban Fringe Plan. However, without
these requested changes, which are in response to public comment and the City of Gilbert’s concerns,
we cannot agree to the content of the final Plan prior to a public hearing process. If the Ames City
Council will not accept these changes, the Board would be willing to consider a finalized Plan with Ames’
proposed changes at a public hearing and make a final decision on adopting the Plan and entering into a
28E Agreement at that point. The Board requests the City of Ames hold the first public hearings before
their Planning and Zoning Commission and City Council prior to the Story County Planning and Zoning
Commission’s and Board’s consideration.
Toward the goal of finalizing the Plan, the Board has also acted to extend the current Plan to June 30,
2023, and asks the other cooperators to do the same.
Thank you for your consideration.
Sincerely,
Latifah Faisal, Chair
Story County Board of Supervisors
Cc: Kelly Diekmann, Planning and Housing Director, City of Ames
Sonia Arellano Sundberg, City Clerk, City of Gilbert
Attachment A
Attachment B
Caring People Quality Programs Exceptional Service
515.239.5146 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
Legal Department
MEMO
Legal Department
To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: April 7, 2023
Subject:
Bus/home parked on City streets
At the March 14, 2023, Ames City Council meeting, the Council discussed the
situation of the individual living in a revamped school bus, which is parked on
City streets.
Two motions were adopted by the Council:
1) Moved by Gartin, seconded by Corrieri, to ask staff to come back to the
City Council with options on size of vehicles under Option 3A (of the
previous memo).
2) Moved by Betcher, seconded by Rollins, that staff look at other issues of
safety with the woodburning stove and animal habitation, as well as
where motor vehicles fit into the current City Code and what options the
City Council has the means to regulate. Vote on Motion: 6-0. Motion
declared carried unanimously.
VEHICLES
Staff checked with the Iowa Department of Transportation, and the DOT
indicated that they didn’t have any authority over people living in their vehicles
or having alternative heating sources in their vehicles.
A question was raised about whether the City could require that anyone living in
a vehicle only live in a vehicle that was commercially made for such, and
Item No. 24
included a source of potable water, sanitary facilities, heat, etc. I believe this
would face the same constitutional concerns as outright prohibiting people from
living in their vehicles. It is something that the Council could try if it wished, but
I believe it might result in litigation and I am not confident that the courts would
rule in the City’s favor.
FIRE CODE
There is nothing in the Fire Code that prohibits wood-burning stoves in vehicles.
The Fire Code only applies to structures, not vehicles.
If this were a building instead of a bus, the Fire Code would require that the
chimney be longer and that a spark arrester be installed on the top of the
chimney.
PUBLIC HEALTH
Despite several attempts, I have not connected with staff at the Iowa
Department of Public Health or the Story County Health Department. I did
review the public health chapters of the Iowa Code, and I do not believe state or
county public health authorities have any jurisdiction over the matter of
someone living in their vehicle. Of course, human waste products must be
disposed of properly, but we do not know how the bus owner disposes of such.
ANIMALS
The bus reportedly contains has five or so ferrets as pets. The owner used to
also have two cats, but apparently doesn’t have cats now.
Our “Animals” ordinance, Chapter 3 of the Ames Municipal Code, provides for a
standard of care for animals, at Section 3.111. We have no evidence that the
animals in the bus are not being provided appropriate care.
The bus owner has turned over the ferrets twice to Animal Control for temporary
protective care, in June of 2021 and July of 2022, once because it was too hot
in the bus because of excessive heat from the heater (reportedly, she used a
gas heater at the time, not the current wood-burning stove); and once because
it was too hot because the bus air conditioning was not functioning. The fact
that she has turned over the animals for temporary protective care would
indicate that she is concerned for the welfare of the pets.
Animal Control staff have been in the bus to view the conditions and did not
determine that the animals were in bad conditions or lacking appropriate care.
Animal Control can only enter the bus with the owner’s permission, unless a
warrant is obtained, and there are no current grounds for such a warrant.
SIZE OF VEHICLES
The Council adopted a motion for the City Attorney to come back with options
on limiting the size of vehicles parked on City Streets.
After consulting with the Public Works traffic engineers, and Police Department
traffic enforcement staff, my recommendation would be that if the Council
desires to limit the size of vehicles parked on City streets. I discovered that the
largest “regular” vehicle appears to be the Ford F350 pick-up truck. The short-
bed version is 250 inches, which is just under 21 feet. The long-bed version is
266 inches, which is slightly more than 22 feet. Therefore, based upon
discussions with City traffic engineers and their recommendation on a
size limit, I would recommend a 25-feet limit if the Council chooses to
adopt such a limitation. A reminder that school buses range in size from 20
to 45 feet, with the average standard school bus being 35 feet long. Although a
25-feet limit would not prevent a 20-foot school bus from being parked on City
streets, if we went a 20-foot limit, it would prohibit some pick-up trucks from
parking on the street. City traffic engineering staff suggested a 25-feet limit, just
to be safe, but a 23-feet limit would still allow the largest pickup truck to park on
the streets.
The following exceptions should be considered: City public works vehicles,
construction vehicles during active construction, school buses transporting
children, and vehicles that are actively loading and unloading. (Perhaps others)
OPTIONS:
1. Prohibit vehicles 25 feet or more from parking on City streets in
residential areas, with exceptions for loading/unloading, etc.
2. Prohibit vehicles 23 feet or more from parking on City streets in
residential areas, with exceptions for loading/unloading, etc.
3. Prohibit vehicles 20 feet or more from parking on City streets in
residential areas, with exceptions for loading/unloading, etc.
I note that I am presuming the Council would intend to prohibit these large
vehicles in residential areas only. The Council could choose to make this
prohibition apply to commercial and/or industrial areas of the City as well.
AN ALTERNATIVE TO LENGTH LIMITATION
As an alternative to a length limitation, both traffic and parking staff
suggested that a limit on the type of vehicle might be an easier limitation
to enforce. That would be a prohibition on “commercial vehicles” being
parked on City streets. We would define commercial vehicles as commercial
trucks (not pick-ups), boxed vehicles, tow trucks, buses, any vehicles that are
designed to seat 16 or more people, recreational vehicles (RVs), and exclude
such vehicles while loading/unloading merchandise or passengers, public works
vehicles, etc.
1
ITEM #: 25
DATE: 04-11-23
DEPT: CMO
COUNCIL ACTION FORM
SUBJECT: ALLOCATING FY 2022/23 CITY ASSET RESERVED FUNDS FOR
HOUSING SERVICES
BACKGROUND:
During its May 24, 2022, meeting, the Council approved ASSET’s recommendation to
reserve $11,652 in unallocated City ASSET funds for FY 2022/23 for housing service
needs.
In February 2022, City staff notified agencies contracting with the City to provide housing
services of the available funds. Three requests have been made for the funds as follows:
Agency Service Original
Allocation
Status of Original
Allocation
Amount
Requested
ACCESS Emergency
Shelter
$61,296 Funds Exhausted
October 2022
$ 11,652
Salvation
Army
Rent/Utility
Assistance
$27,000 Fund Balance of
$9,045
9,000
The Bridge
Home
Emergency
Shelter
$92,927 Funds Exhausted
February 2023
11,652
ACCESS Request
ACCESS is the sole agency in Story County that provides emergency shelter for domestic
violence clients. They are requesting the full amount of funding available, $11,652, for
emergency shelter services. ACCESS exhausted City funds in October 2022 and have
had to turn people away due to lack of capacity for the increased need for services. As
noted in their request (Attachment A), the number of bed nights and total clients served
for FY 2022/23 is on the rise and they anticipate surpassing FY 2021/22 numbers.
Salvation Army Request
Salvation Army provides homeless prevention services that includes rent and utility
assistance. While they still have City funds available to draw down and have received
community grant funding through United Way, they are requesting $9,000 to be able to
serve more households through the end of the current fiscal year . The months of April,
May, and June tend to be very high request months because the moratorium on utility
disconnections ends on April 1.
2
Rent and utility assistance helps prevent homelessness from occurring by keeping
individuals and families in their homes. The funds also help people become established
in more permanent housing by covering deposits and first month’s rent.
The Bridge Home Request
One of the services that the City contracts with The Bridge Home (TBH) for is emergency
shelter for individuals and families in the general population. They are requesting the full
amount of funds available, $11,652, for these services. TBH exhausted City funds for
shelter in February 2022 and will be making a similar request to Story County for
additional shelter funding.
ALTERNATIVES:
1. Approve the individual agency requests as follows:
a. ACCESS
• $5,575 for emergency shelter services for the months of April – June
2023. Funds shall be used to cover hotel rooms when the
current shelter beds are at capacity.
b. Salvation Army
• $2,600 for rent and utility assistance for the months of April – June
2023.
c. The Bridge Home
• $3,477 for emergency shelter services for the months of April – June
2023. Funds shall be used to cover additional hotel rooms when
the current shelter beds and two hotel rooms are at capacity.
Funds allocated to the services specified above for each agency will not be reallocated
to another service or program area in the agency. Any funds not drawn down by June
30, 2023 will revert to the Local Option Sales Tax Fund.
2. Modify the requests.
3. Do not approve the requests.
CITY MANAGER’S RECOMMENDED ACTION:
Housing services are the second and third highest priorities under the basic needs service
category for Council’s current ASSET priorities. The allocation of City funds will provide
the support for this continued need in the community. Similar requests have been made
to other ASSET funders, specifically Story County and United Way of Story County.
3
Therefore, it is the recommendation of the City Manager that City Council adopt
Alternative No. 1, thereby approving the allocation of the City’s FY 2022/23 reserved
ASSET funds to the housing services, as described above.
From: Michelle Cole
Sent: Tuesday, April 4, 2023 12:29 PM
To: Schildroth, Deb
Subject: FY 2022/2023 City ASSET Funding for Emergency Shelter & Housing
Needs
[External Email]
Dear Deb:
Thank you very much for le ng us know about this opportunity! We would like to request
$11,652 in addi onal funding for Emergency Shelter. All of the funds from our ASSET alloca on of
$61,296 from the City of Ames for FY23 was spent during the July to October me period. These
funds paid for 510 shelter stay nights at $120 per night unit cost, a rate approved per our ASSET
applica on. The addi onal $11,652 would cover a li le over 97 addi onal shelter stay nights. We
understand that this funding would need to be spent by June 30, 2023 and are confident we
would be able to do that.
As you know, there con nues to be a need for emergency shelter for residents of Ames who are
fleeing domes c violence. Here are the stats on the number of clients and bed nights, just for
Story County residents, only in our Ames shelters. Our fiscal year is from July – June. For FY23, this
is only for 7 months of our current fiscal year: July 2022 – January 2023.
Bed Night Totals for Story County
Bed nights Total Clients
FY23 1,152 July 2022 – Jan. 2023 40 July 2022 – Jan. 2023
FY22 1,671 46
FY21 1,406 44
FY20 3,689 51
There is more need than we are currently able to meet. There are a variety of reasons for this. We
do track the number of people reaching out to us that we are not able to accommodate in shelter.
Here are the stats of the number of Story County residents that we had to turn away from our
shelters in Ames because we did not have capacity.
Turn-Away Totals
Story County
FY 23
203
July 2022 –
Jan. 2023
FY 22 369
FY 21 165
FY 20 163
FY 19 243
FY 18 151
As you can see, unfortunately the need exceeds our capacity. Please keep in mind that our
advocates are specially-trained and do work with clients by providing crisis counseling, safety
planning and co-advocacy with specially-trained members of our staff specializing in sexual
assault, domes c violence and homicide/violent crimes. We also work with clients to help iden fy
other shelters to determine with they have capacity to support them as well. In addi on to the
numbers listed above, our Housing advocates also have “outreach” clients that are not currently
staying in our shelter that they provide crisis counseling, safety planning and case management
for increased stability and iden fying safe housing op ons.
While we also receive funding from other sources, many of those funds are directed toward client
financial assistance. These funds also help vic ms fleeing violence find safe housing by helping to
cover the costs of rental applica on fees, u li es, security deposits, or rental costs. We also help
cover costs of items that will help ensure safety while also progressing toward self-sufficiency like
car repairs or transporta on costs to work, changing locks, food assistance and basic needs items.
Again, thank you very much for this opportunity to be considered for addi onal funding. Please
let me know if you have any ques ons or need addi onal informa on.
Sincerely,
Michelle
Michelle Cole, MA, CNP
she/her
Executive Director
ACCESS (Assault Care Center Extending Shelter & Support)
p | 515-292-0500
c | 515-520-4256
e | Michelle@assaultcarecenter.org
Housing Help Line: 515-292-0543
Domestic Violence & Homicide Help Line: 515-292-0519
Sexual Assault & Trafficking Help Line: 515-292-5378
From: William Stodden <William.Stodden@usc.salvationarmy.org>
Sent: Tuesday, March 28, 2023 3:18 PM
To: Schildroth, Deb <deb.schildroth@cityofames.org>; Kathy Pinkerton
<Kathy.Pinkerton@usc.salvationarmy.org>
Subject: RE: The Salvation Army- Request for additional unallocated ASSET Funds
[External Email]
Hello, and Good Afternoon. This is the updated request, tailored to just the Rent and Utility Assistance
programs, for the unspent ASSET money.
As per your email to Kathy Pinkerton, Program Director of the Ames Service Center, The Salvation Army
of Ames and Story County, we are submitting a written request for access to a portion of the
unallocated ASSET funds.
Last year, we received $27,000 from ASSET for our rent and utility assistance program. We also have
added another $20,000 in funds from the United Way, through a Community Impact Grant, to the
Program at the end of 2022 With this money we are able to serve about 14 households a month,
depending on the amount of need that we see each month, at about $400 dollars per household. If we
do not serve 14 households in a given month, we roll the money over to the next month and can serve
more families and individuals. This money helps families both stay in their homes and pay utility bills,
and helps individuals who are currently in temporary living situations find a more permanent living
situation by assisting with first month’s rent and utility deposits. It has allowed us to have a significant
impact on homelessness in Story County. As we are currently the only organization helping adults with
no minor children, our rental Assistance program tends to be able to serve not only single people, but
we also serve a lot of the elderly and disabled communities who need assistance, where other
organizations cannot. In the last fiscal year, we served 674 individuals in 238 households, helping them
get into and stay in permanent housing.
From this pool, we request $9,000, and additionally request that it be for the Rent Assistance Program
and Utility Assistance Programs. Right now, with additional grant funding from the United Way we are
able to continue funding both programs, and an additional $9,000 will help us increase the number of
people we are able to assist with their rent and utilities. As it is now, when the program runs out of
funds that we have dedicated to it during a given month, we have to turn away individuals who come
seeking help; both programs always fall far short of actually meeting the need that is in our community
at any given time, and we monthly have to turn individuals away. So, an additional amount of money
would help the communities in Story County better address housing insecurity by allowing us to increase
the amount of individuals we assist. While we still do have just over $9,000 of unspent ASSET grant
money, and we have received a substantial additional grant from the United Way to help fund both of
these programs, we project this money will still fall short of need, based on the number of individuals
we must turn away monthly. So an additional $9,000 will be most welcomed in funding the rent and
utility assistance programs: With the money we have left from the initial ASSET allocation, the
additional United Way Money, and an additional $9,000 from this round, we will be able to serve an
additional 15-16 individuals or families a month through July 1, 2023.
We believe both of these programs meet the City Council’s ASSET priorities, which include meeting basic
needs through rent and utility assistance. We serve particularly underserved populations, of single
individuals and individuals with disabilities- Some 30% of the people we serve have disabilities, and
more than 40% of our clients are in a family with minor children. And in conjunction with our other
homelessness prevention programs (representative payee assistance to ensure financial stability,
housing assistance through emergency temporary shelter, and food assistance through the Salvation
Army Food Pantry and Doing the Most Good Fresh Food Market) we are an integral part in the work of
the non-profit community in Story County who help individuals meet basic need in their lives when the
State cannot.
We hope the City Council will consider our request and act on it, and we sincerely appreciate your
time. Thank you for making this opportunity to access additional funds available to us. If you have any
questions, I will be happy to answer them for you. Meanwhile, have a great afternoon and a good rest
of your week and we hope to hear from your soon.
Sincerely,
William Stodden
From: Linda Munden
Sent: Tuesday, February 28, 2023 2:33 PM
To: Schildroth, Deb
Subject: Unallocated FY2023 Housing Funds Request
[External Email]
Dear Deb:
The Bridge Home respec ully requests $11,652 from the City of Ames unallocated FY2023 ASSET
funds to provide emergency shelter services. Addi onal funding will allow us to con nue providing
emergency shelter services longer at our current levels.
A er our February claim, our FY23 City of Ames emergency shelter funds will likely be 100%
depleted. According to our records, there are $7,369.43 remaining in ASSET funds before the
February claim. Our average claim was $12,222.51 this fiscal year through January.
The Bridge Home will addi onally seek addi onal funding from Story County unallocated FY2023
ASSET funds to assist in providing emergency shelter for the en re county.
Please let me know if you have any ques ons or would like more informa on.
Thank you,
Linda Munden
1
ITEM #: 26
DATE: 04-11-23
DEPT: Admin
COUNCIL ACTION FORM
SUBJECT: REQUESTS FOR AMES PRIDEFEST
BACKGROUND:
Ames Pride, a non-profit organization dedicated to building community for LGBTQIA+
people in the City of Ames, is proposing to host its fourth annual Ames Pridefest from 10:00
a.m. to 8:00 p.m. on Saturday, September 30. Ames Pridefest is an all-ages and family-
friendly event featuring various vendors, entertainment, and food trucks. An estimated 2,000
people are anticipated to attend.
To facilitate this event, Ames Pride has requested the following for Saturday, September 30:
• Closure of Fifth Street from Kellogg to alley east of Adams Funeral Home and
closure of the 400 and 500 Blocks of Douglas Avenue from 5:00 a.m. to 10:00 p.m.
• A blanket Temporary Obstruction Permit
• A blanket Vending License and waiver of the fee ($50 loss to the City Clerk’s Office)
• Closure of 84 on-street metered parking spaces along 5th Street and Douglas
Avenue within the event area, and waiver of fees (estimated loss of $189 to the
Parking Fund)
• Waiver of parking meter fees and suspension of enforcement for 24 metered
parking spaces Kellogg Lot S and 58 metered parking spaces in Library Lot Q to
provide free parking to event attendees and Downtown visitors (estimated loss of
$184.50 to the Parking Fund). Reserved spaces within these lots would remain
available to the regular permit holders during the event.
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).
The Council should note that in previous years, the approved waiver of metered
parking fees for this event was confined to the parking spaces on streets closed for
the event. This year, Ames Pride has requested free parking be made available in Lot
Q and Lot S (82 additional spaces). These spaces would be available to attendees at
Pridefest or anyone else visiting Downtown during the event. The spaces would not
be reserved exclusively for Pridefest attendees. In the event the Council does not
support the waiver of fees for the spaces in Lots Q and S, organizers have indicated
2
they would be willing to pay the costs to ensure these lots are free for the community
during the event.
Ames Main Street has submitted a letter in support of the event. The organizers will notify
affected businesses and residents about the event by canvassing the area and will place
signs in the affected area prior to the event. Organizers will also obtain a noise permit from
the Police Department for this event.
ALTERNATIVES:
1. Approve the requests for Ames Pridefest on Saturday, September 30, including the
requested waiver of fee for the Vending License, but waive the fees for metered
parking only in the event location. Parking enforcement in Lots S and Q would only
be suspended upon receipt of reimbursement for lost parking meter fees of $184.50.
This would result in a loss of $189 to the Parking Fund ($.50/hour
* 50% est. utilization * 84 meters * 9 metered hours).
2. Approve the requests for Ames Pridefest on Saturday, September 30, as outlined
above, including the waiver of fees for vending and all parking.
This would result in a loss of $373.50 to the Parking Fund
($.50/hour * 50% est. utilization * 166 meters * 9 metered hours).
3. Approve the requests, but do not allow the suspension of meter enforcement in Lots
S and Q.
4. Do not approve the requests.
CITY MANAGER’S RECOMMENDED ACTION:
Ames Pridefest encourages the community to come together to support L GBTQIA+ people
and families. This event also furthers the City Council’s goal of promoting a sense of one
community by adding diversity to the downtown district. The organization has a history of
holding this event successfully in previous years. The City Council will have to determine
whether it is supportive of providing free parking to areas outside the spaces directly
impacted by the event, but short of providing free parking in the entire Downtown.
The approval of this request for free parking might set a precedent for other events, which
would have a detrimental impact on the Parking Fund.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
3
4
5
6
1
ITEM #: 27
DATE: 04-11-23
DEPT: Fleet/P&R
COUNCIL ACTION FORM
SUBJECT: CHANGE ORDER # 5 FOR STEVEN L. SCHAINKER PLAZA
BACKGROUND:
On May 24, 2022, City Council approved a contract with Henkel Construction Company
for the construction of the Steven L. Schainker Plaza. As part of the approval, a change
order of value engineering items was accepted that resulted in a deduction of $159,900
from the contract. Since that time construction has begun and Change Orders #2-4
have been approved by staff. A full breakdown of the project’s finances and change
orders is shown in the table below. A more detailed breakdown of the change orders
is included in Attachment A.
A fifth change order has now been prepared. According to the City’s Purchasing
Policies, City Council approval is required for this change order. This change order
is for upsizing the water line to the garage area for the ice resurfacer, a frost
prevention system for the ice ribbon, removing the drop curb for the existing
driveway on Clark Avenue and replacing it with full curb and gutter, and for
sidewalk replacement due to utility work by the City.
This change order totals $37,285.03, with the largest portion being for the frost
prevention system for the ice loop at $32,060.13. The frost prevention system is
piping that uses glycol to keep the concrete from heaving due to the frost under
the ice ribbon.
This system was proposed by the subcontractor that will be installing the ice ribbon for
Henkel. After the construction contract was awarded, the ice designer for Confluence
was replaced with a new firm to review shop drawings and move the ice component
forward. This change of ice design firms was done at no cost to the City. After
discussions with the subcontractor and new ice designer, it was determined that the
frost prevention system would be needed, since there is a high clay content in the soils
on the site. The high clay content is likely due to the fill dirt that was placed at the site
when the buildings that previously existed were demolished.
Due to the site conditions being known during the design, the City should not
be responsible for the costs associated with the change for the frost prevention
system. City staff will formally notify the design consultant that due to their
inadequate design, they should reimburse the City for this additional cost.
However, the contractor cannot proceed with work on the ice ribbon until
direction to proceed with the change order is provided.
2
Table 1: Funding and Expenses
Description Funding Expenses Comments
2021/22 GO Bonds 700,000.00
2021/22 General Fund 1,484,624.00
2022/23 GO Bonds 700,000.00
2020/21 Local Option Sales Tax 200,000.00
2020/21 Council Priorities Fund 1,000,000.00
American Rescue Plan 450,497.00
2021/22 Council Priorites Fund 739,579.00
Engineering & Design 377,250.00
Geotechnical/Survey 12,800.00
3rd Party Testing Estimate 36,000.00
FF&E Remaining 158,304.00 Estimated
Fiber, Security and Sound Project 51,696.00
Remaining Contingency 88,641.53 Remaining - Started at $164,650
Construction Contract 4,633,000.00
Change Order #1 - Approved with Award of
Contract To Allow Project To Meet Budget
(159,000.00) Value Engineering Deductions
Change Order #2 - Adminstrative Approval 3,002.60 Investigating Fiber Duct that was
not located originally
Change Order #3 - Administrative Approval 6,983.79 Intake changes due to fiber, deduct
for light fixture types, and utility
changes due fiber and foundations
on site
Change Order #4 - Administrative Approval 28,737.05 Additional street light feeds (per
Electric), removal of rubble buried
on site, IDPH changes to the
aquatics portion, a layout of traffic
lines
Changer Order #5 - Pending Council
Approval
37,285.03 Modify water line for ice
resurfacer, frost prevention
under ice, remove driveway curb
and gutter on Clark Ave.,
additional sidewalk due to City
work
TOTALS 5,274,700.00 5,274,700.00
ALTERNATIVES:
3
1. Approve Change Order #5 in the amount of $37,285.03 to Henkel Construction
Company bringing the total contract cost to $4,549,108.47, and direct staff to seek
reimbursement from Confluence.
2. Do not approve the change order and proceed with an ice ribbon without frost
prevention system. This alternative will could result in heaving of the concrete
which will require very expensive repairs in the future.
3. Do not approve the change order until Confluence agrees to reimburse the City.
CITY MANAGER’S RECOMMENDED ACTION:
Construction at the Downtown Plaza cannot proceed in a timely manner without
instructing the contractor as to whether this change order is approved. The items in the
change order, including the frost prevention system, are necessary modifications in
staff’s opinion.
Therefore, rather than cause an excessive delay in the completion of the Plaza and
potential for increased costs from the contractor, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1 thereby approving Change Order
#5 in the amount of $37,285.03 to Henkel Construction Company, bringing the total
contract cost to $4,549,108.47, and directing staff to seek reimbursement from
Confluence.
4
ATTACHMENT A: Change Order Summary
Description Items Cost Total
Change Order #1
Item 1 – Delete Moonstones
$ (159,900.00) $ (159,900.00)
Item 2 – Delete Cast Stone Wall Cap
Item 3 – Delete Paver Chessboard
Item 4 – Delete Art Wall
Item 5 – Convert Custom Pavers to Stock Brand &
Color
Item 6 – Extend Metal Roof in Lieu of Separate
Canopy
Item 7 – Add conduit for future light column
installation/move transformer
Change Order #2 Labor and material to investigate and removed
abandoned concrete encasement $ 3,002.60 $ 3,002.60
Change Order #3
Item 1 -South Intake Changes and 6 ft Duct Bank
Hand Dig & Backfill per RFI #16 $ 6,293.45
$ 6,983.79
Item 2 - Revise light fixture types per ASI #2 $ (1,595.00)
Item 3 - Miscellaneous Utility Changes per CE #008
to include removing storm sewer for the art wall,
cutting the top of an intake, and adding new
adjustment rings to the existing sanitary manhole
$ 2,285.34
Changer Order #4
Item 1 - PCO 8 – Additional street light feeds on the
east side of Clark Ave per RFI 17 $ 1,996.09
$ 28,737.05
Item 2 - PCO 9 – Removal of rubble that was
encountered on the site under building footprint per
RFI 15 & 18
$ 15,776.91
PCO 10 – Item 2 - IDPH Changes to the aquatic
portion of the work per ASI 3 $ 10,541.00
Item 4 - PCO 11 – Layout of traffic lines $ 423.05
Change Order #5
Item 1 - PCO 12 – Modify water line for ice
resurfacer in garage area per ASI 5 $ 1,428.71
$ 37,285.03
Item 2 - PCO 14 – Add frost prevention system
under ice $ 32,060.13
Item 3 - PCO 15 – Remove existing curb for the
driveway on Clark and adding full curb and gutter
per RFI 21
$ 1,991.81
Item 4 - PCO 16 – Additional sidewalk that was
replaced due to City work per RFI 21 $ 1,804.38
1
ITEM #: 28
DATE: 04-11-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT 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, and the groundwater was found to be free of PFAS compounds
and suitable as a drinking water supply in all respects.
This project will construct three new wells and an interconnecting pipeline to the
Water Treatment Plant. It will also include new fiber optic communication with the Water
Treatment Plant for well controls and security measures. The three new wells will also 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, and were rejected. A new
Notice to Bidders was issued on January 24, 2023. The electrical scope was revised to
connect to an existing generator at the Water Plant instead of providing 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 were once again significantly
higher than the engineers’ estimates ($10,200,955 versus $6,327,380):
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
Project Estimate $730,400.00 $5,596,980.00 $6,327,380.00
2
When deciding whether to recommend accepting the low bid, staff considered the
following five factors:
1. The Discrepancy Between the Bid Prices and the Engineer’s Estimate
The estimates for Division 1 and Division 2 were prepared separately. The Division 1
(well construction) estimate was prepared by City staff. The estimate was backward-
looking, using the pricing from the 2019 bids that were ultimately rejected. The only
update to the 2019 bid pricing was to include a 3.5% per annum inflation factor. That
approach was not sufficiently predictive of the actual rate of inflation since 2019 or
of current market pricing. The 2019 bids were structured such that each Division
would be awarded independently, where the 2023 bids had the Division 1 work as
a subcontract. In hindsight, the staff estimate should have also included an
additional 15% mark-up to account for the subcontract arrangement.
The Division 2 (pipeline and electrical) estimate was developed by the consultant, HDR
Engineers. HDR provided the following thoughts:
• The Opinion of Probable Construction Costs (OPCC) was prepared in May 2022.
When the project was delayed to allow for PFAS test drilling, the estimate s were
not updated prior to issuing the Notice to Bidders.
• Cost estimating is inherently a rearward looking activity, with unit prices coming
from actual bids prices on prior projects. In the current construction market, that
has become a poor indicator of current pricing. Pricing for both the pipeline
materials and the electrical components are highly volatile, with pricing changing
weekly.
• The scope of a project like this is highly sensitive to local market conditions. There
is a considerable level of local work, and contractors are simply “not as hungry” for
the work. Factoring this into a cost estimate is a difficult task.
• HDR candidly admitted that its OPPC was a poor estimate of the actual bids.
In comparing the two responsive bids, the Grand Totals are within 4% of one another.
The non-responsive bid failed to provide a proposal for Division 1, but was even higher
than the two responsive bids for Division 2. This suggests that the bid prices are
competitive and reflective of current market prices, and that the discrepancy
between the estimates and the bids received was the result of bad estimates rather
than bad bids.
2. Bidder Understanding and Clarity of Specifications
Following the bid opening, staff from HDR contacted the low bidder to determine if there
were any elements of the scope that were unclear or that the contractor felt created an
extra financial risk for them. The contractor indicated that they felt the scope was clear,
3
and that they would have no difficulty executing the project as designed and presented in
the plans and specifications.
When comparing the line item pricing in the low bid to their estimate, HDR noted two
areas that made up the bulk of the cost overrun. The first was in the electrical portion of
Division 2. When the work was bid in 2019, the electrical portion was well over the
estimate. At the time it was believed that since there was only one electrical subcontractor
quoting on the work, the pricing was likely not competitive. During the bid phase this time
around, HDR did reach out to multiple electrical contractors to make sure they were aware
of the project and to encourage them to consider providing a bid. The low bidder said
they did ultimately receive two electrical bids, and reported that those bids “were pretty
close.”
The other notable line item where the bid price exceeded the estimate was for dewatering:
The OPCC included a $90,000 lump sum estimate for that line item, and the low bid had
it priced at $700,000. HDR explained that they consciously weighed the option of
including dewatering as a lump sum item versus unit price on the bid form. Either option
has potential pros and cons. Bidding as a lump sum sets a fixed price that will not
increase, but it also creates the potential for a contractor to build in excess costs to cover
themselves (knowing that they ultimately still must be competitive on the overall cost).
Bidding as a unit price means the City only pays for the work that is needed, but it could
also result in large change order costs to the City if the construction season were to be
very wet and additional dewatering is required. Ultimately, it was decided to bid it as a
lump sum line item.
3. Potential to Reduce Cost by Rejecting and Rebidding
In the conversation with the low bidder, they were asked what they were seeing with
trends in material pricing. Their opinion was that prices are still climbing, although the
pace of the increases appears to perhaps be slowing.
The City’s Purchasing Division shared its perspective that rejecting bids and going right
back out again in the hope of getting better pricing seldom works to the City’s advantage.
Unless the work could be substantially repackaged, there would be little advantage to
going back out again.
Staff did consider possibilities to repackage the project, but there is no significant scope
element that staff would be comfortable modifying . Staff considered splitting the bid into
three distinct Divisions (wells, pipeline, and electrical) and bid each as a stand-alone
contract, but that would transfer the responsibility to act as the General Contractor to the
City, and current staffing levels would not make that feasible.
The low bidder did not indicate that schedule was a consideration, so there is little
likelihood that rebidding with a longer construction window would make any significant
impact on the cost.
4
The electrical subcontractor did indicate that it might be possible to “value engineer” its
portion of the work to bring down the costs. Staff has not yet pursued this offer, but would
discuss it with the contracting team if the contract were to be awarded. Staff would
propose to also bring in the Ames Electric Services Department to see if there is some
element that they could assist with to help lower the costs. Those items would need to
be addressed as contract change orders after award of the contract as bid.
4. Availability of SRF Funding
It is important for Council to be aware of the Drinking Water State Revolving Fund
(DWSRF) process and timelines since this loan will be the source of funding for the
project. The normal process calls for the project owner (Ames, in this case) to award the
construction contract before the DWSRF loan is in place. The City’s financial advisor has
confirmed that it is required that the City award the contract before the loan agreement is
finalized.
Having the DWSRF process in this order does require that the City have faith that
the funding will be honored. The City has followed this sequence on multiple
instances in the past without any difficulties. As a precautionary measure to
protect the City, however, staff from the City’s Purchasing Division reached out to
the low bidder, Keller Excavating, and received in writing their willingness to
accept a contract award that is subject to the Iowa Finance Authority approving the
construction loan application.
Staff understands that obtaining the loan is now just a matter of completing a few
remaining procedural steps. All required construction permitting, environmental reviews,
cultural and historical reviews, and technical and managerial viability review s have been
completed and approved by the Iowa DNR. The state has confirmed in writing that it is
“…able to set aside an increased amount of funding for this project.”
The City will need to hold a new public hearing to approve the incremental increase in the
maximum loan amount, and then submit a construction loan application to the state. At
the April 25 Council meeting, Council will be asked to set May 9 as the date of that public
hearing. At that same May 9 meeting Council will also be asked to app rove the
submission of the construction loan application.
5. Impact on Water Rates
Staff has updated the Water Fund rate model to evaluate the impact on the fund balance
and anticipated rates should the project proceed with the current bids. The changes made
to the rate model include:
• Increasing the SRF loan debt service to a $12.1 million principal amount.
• Reflecting that past project planning expenses ($662,000) are reimbursed from the
SRF loan. This returns cash to the Water Fund now and rolls it into the loan.
5
• Reflecting $738,699 in loan forgiveness from the SRF program as a part of the
Bipartisan Infrastructure Law funds designated for “emerging contaminants of
concern.” The City would be eligible due to a portion of the new capacity replacing
the lost capacity from Well #17 due to high PFAS concentrations. The IDNR
indicated the ultimate amount could be higher (perhaps up to $1.1 million),
depending on the level of interest in this pool of funds.
• Reflecting the $550,000 in the FY 2022/23 Capital Improvements Plan budgeted
for the Cherry Avenue Extension that is no longer planned.
• Delaying two future CIP projects totaling $1,613,000 (a future expansion of the
NRV Well Field, and a long-range capacity assessment for the Water Plant).
• Maintaining annual rate increases previously presented to the City Council for the
next 10 years.
Making these changes to the rate model shows that at the end of the 10-year rate
projection the Water Fund would have a total balance estimated at $4.293 million,
and would fully meet the City’s desired operating reserve all ten years.
If the project were to proceed, the available funding would be as shown below.
TOTAL PROJECT FUNDING
Water Fund $ 0
Drinking Water SRF Loan 12,100,000
Total Available Funding $ 12,100,000
If the project were to proceed with an award to the low bidder, the revised project
expenses would be as follows.
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
ALTERNATIVES:
1. Award a contract for the North River Valley Well Field and Pipeline Project to Keller
Excavating, Inc. of Boone, Iowa, in the amount of $10,200,955.80, contingent upon
the Iowa Finance Authority approving the City’s construction loan.
If Council chooses this alternative, staff would return on April 25 and request that
a public hearing be scheduled for May 9 for the incre mental increase in the SRF
6
loan amount. The actual approval of the loan will come at a later date when a loan
agreement is finalized by both parties.
2. Reject the bids and direct staff to modify the project and rebid at a future date.
3. Reject the bids and direct staff to seek other alternatives to obtain additional water
sources.
CITY MANAGER’S RECOMMENDED ACTION:
After evaluating all options, staff has come to the following conclusions.
• The discrepancy between the engineer’s estimates and the actual bid prices
appears to be bad estimates, and not bad bids.
• There is nothing that staff would recommend changing in the overall project scope
that could help bring the cost lower.
• There is little likelihood that rebidding this project for a third time will result in
substantially lower project costs.
• The project is a high priority for the Water Utility due to the loss of two existing
wells and the past two years having record peak month demands.
• Adequate funding is available through the Drinking Water SRF program, and the
project could receive an estimated $738,699 in loan forgiveness from the State.
• The electrical subcontractor has indicated that there may be a chance to reduce
the project costs through a redesign change order.
• After adjusting the rate model as described above, it appears that there will be no
change in the previously projected rate increases over the next 10 years.
Additional funds are available from the Drinking W ater State Revolving Fund to cover the
increased loan amount. The low bidder has agreed in writing to accept an award that is
conditioned upon the Iowa Finance Authority approving the City’s construction loan.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative 1, as described above.
1
ITEM #: 29
DATE: 04-11-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: NUTRIENT REDUCTION MODIFICATIONS FACILITY PLAN APPROVAL
BACKGROUND:
In early 2019, Council approved the results of a Nutrient Reduction Feasibility Study
(referred to as the “2019 Study”). The study recommended the following course of action.
“The Ames WPCF Nutrient Reduction Feasibility Study recommends an integrated
strategy that … would transition the Ames WPCF from an existing trickling
filter/solid contact process to a future biological nutrient reduction process…”
In June 2022, Council awarded a professional services agreement with Strand Associates
for the design of Phase 1 of the modifications. The conceptual design process has now
been completed, and the results are documented in a formal Nutrient Reduction Facility
Plan (referred to as the “Facility Plan”). This document is required by the Iowa
Department of Natural Resources (DNR) in its construction permitting process, and
submitting it to the DNR is a key step in being eligible for funding through the Clean Water
State Revolving Fund (SRF).
What follows this Council Action Form is a summary of key conclusions and
recommendations from the completed Facility Plan. The full document (228 pages) is
available on the City website at www.cityofames.org/nutrients.
The cost estimates presented in the Facility Plan now indicate a total cost of
$80,010,000 as compared to the $77,900,000 cost estimate shown in the 2023-2028
Capital Improvements Plan that were used in preparing the most recent Sewer
Fund rate model. As the design work continues and construction details are further
developed, the cost estimates will continue to be refined.
FACILITY PLAN CONCLUSION:
The final conclusion and recommendation of the Facility Plan is that the City
pursue construction of a Biological Nutrient Removal facility utilizing a
Simultaneous Nitrification Denitrification (BNR-SNDN) process. The screening and
grit removal processes require replacement of equipment at the end of its useful
life and to expand the hydraulic capacity of the facility. In accordance with the plan,
the existing Administration Building would be demolished to allow the new
aeration basins to be constructed in close proximity to the final clarifiers, and a
new Administration Building constructed to the northeast of its current location.
The project is necessary to meet future nutrient limits and expands plant capacity
from 20.4 million gallons per day (MGD) to 24.5 MGD to meet the 20-year flows and
loadings as required by Iowa DNR and to allow for City growth. Rather than
2
proceeding with three phases, the current recommendation calls for construction
in two phases, with the detailed final design of Phase 1 beginning immediately. A
final completion date for Phase 2 of 2039 was submitted by the City in April 2019
and approved by the Iowa DNR in December 2019. Therefore, Phase 2 should be
planned and budgeted such that construction can be completed in 2038, allowing
one year of operation prior to the 2039 final completion date.
ALTERNATIVES:
1. Approve the Nutrient Reduction Facility Plan and direct staff to submit it to the Iowa
Department of Natural Resources.
Like the 2019 Study, by submitting this plan the City is committing to
implement the project as generally described in the Facility Plan.
2. Direct staff to make changes to the conceptual design and prepare a revised
Facility Plan prior to submission to the Iowa Department of Natural Resources.
3. Take no action.
This would table the project, and during the next permit cycle in three years would
likely result in a violation of the facility’s discharge permit and enforcement action
by the Iowa DNR. Those violations would be due both to failure to achieve the
nutrient limits as well as from reasonably predictable process failures caused by
equipment exceeding its useful life.
CITY MANAGER’S RECOMMENDED ACTION:
In 2019, Council accepted the recommendation of a feasibility study that looked at options
to convert the Water Pollution Control Facility to a biological nutrient reduction process
and achieve the goals of the Iowa Nutrient Reduction Strategy. The conceptual design
work that has been completed is the first step towards that eventual goal.
The Facility Plan generally follows the 2019 recommendations, only with the work split
into two phases instead of three. It also incorporates the Headworks Modifications CIP
Project, and incorporates a demolition and reconstruction of the Administration Building
in lieu of the Administration Building Renovation that was shown in the 2022 -2027 WPC
Facility Improvements CIP Project.
The cost estimates in the Facility Plan are within 2.7% of the totals reflected in the
2023-2028 Capital Improvements Plan and, therefore, will not result in any change
to our projected rates to finance this project. The Facility Plan is now ready to be
submitted to the Iowa DNR. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1, as described above. Council should be
aware that submission of the Facility Plan to the Iowa DNR will again commit the
City to proceeding with the Nutrient Reduction Modifications.
3
Summary of Key Findings and Conclusions
Report for City of Ames, Iowa - Nutrient Reduction Facility Plan
FACILITY PLAN PROCESS
The Facility Plan was developed through a sequence of five individual technical
memoranda (TMs), each building on the decisions and conclusions reached in the prior
TM. The process followed this general outline:
The completed Facility Plan is the compilation of the five individual technical memoranda.
When reviewing the detailed cost information in the Facility Plan, it should be noted that
the details continued to be refined as the process proceeded, and the cost estimates were
continually revised. As a result, there are slight differences in the costs between
successive tech memos. The cost estimates shown near the end of this summary are
the most up-to-date estimates.
KEY DRIVERS FOR THE PROJECT
• Iowa Nutrient Reduction Strategy (Section 5)
The City completed a Nutrient Reduction Feasibility Study in 2019 (“2019 Study”)
that recommended a phased transition to an advanced activated sludge treatment
process over a period of 20 years. The recommendation was approved by the City
Council on February 26, 2019, along with direction to staff to submit the study to the
Iowa Department of Natural Resources. The alternative adopted by Council noted
that “Once reviewed and accepted by the Iowa Department of Natural
Resources, the City will be committed to implementing the treatment works
Characterize Existing Facility Condition and Performance
Forecast Future Flows and Loads
Evaluate Short List of Treatment Technologies
Develop Monetary and Nonmonetary Comparisons
Evaluate Existing Headworks Conditions
Evaluate Alternatives for Screening and Grit Removal
Select Treatment Technology and Headworks Equipment
Evaluate Site Layout Alternatives
Project Phasing Evaluation
4
modifications recommended in the report.” The study was submitted to the state
on April 29, 2019, and was subsequently approved by the Iowa DNR on December
20, 2019.
Because the final compliance date (2039) is beyond the expiration date of the current
National Pollutant Discharge Elimination System (NPDES) permit for the WPCF, the
current permit simply requires that the City provide an update to the DNR on
“…progress towards completion of the projects identified in the City’s approved
feasibility plan…” Discharge limits for total nitrogen (Total N) and total phosphorus
(Total P) will not be applicable until after all modifications have been complete and
one year of operating data has been collected.
• Condition of Existing Infrastructure (Section 6)
The other key driver for the project is the condition and remaining useful life of the
four trickling filters. As noted in the 2019 Study, the media in the trickling filters are
now 35 years old and are beyond their anticipated useful life of 25 -30 years.
Replacing the media is anticipated to cost in excess of $10 million. Additionally,
trickling filters are not able to be adapted to nutrient removal, as their primary
function is to remove carbon from the wastewater, and carbon is vital to biological
nutrient removal. Replacement capacity is needed for the trickling filters, and
investing in replacement media knowing that the filters cannot function in a nutrient
removal treatment scheme was deemed in staff’s professional judgment to be a poor
investment.
FLOW AND LOAD DESIGN CAPACITY (Section 4)
Planning appropriate capacity is a crucial part of a facility plan such as this. The
consultants utilized the Ames Plan 2040 to establish the projected population and mix of
customer types that the facility should be designed to accommodate. Those projections
from Ames Plan 2040 were then extrapolated to the year 2045 to provide a full 20 -year
design life for the project. The 2045 design population used for the Facility Plan was
83,850.
The consultants used several different metrics to then convert the population estimate
into a projected flow rate and organic loading rate. These flows and loads form the basis
for designing the treatment processes. A reserve industrial capacity was also included in
the 2045 design parameters that increased the design flow rate by 1.50 million gallons
per day with a corresponding organic load allowance.
5
Parameter Original Design
(Design Year 2010)
New Design
(Design Year 2045)
Maximum Wet Weather Flow,
million gallons per day 20.4 24.5
Biochemical Oxygen Demand, BOD5,
pounds per day 23,740 26,710
Total Suspended Solids, TSS,
pounds per day 25,440 52,250
Ammonia-Nitrogen, NH3-N,
pounds per day 3,850 3,430
Total Kjeldahl Nitrogen, TKN,
pounds per day 6,930 5,330
Total Phosphorus, TP,
pounds per day -- 740
NUTRIENT REDUCTION TECHNOLOGY (Section 7)
The 2019 Study shortlisted three technologies as being reasonably viable alternatives,
and concluded that the actual technology selection should be made during design of the
first phase to allow new and emerging technologies time to further mature. Those same
three technologies were evaluated in more detail in the current Facility Plan. They
include:
• Conventional biological nutrient removal (BNR) activated sludge
• Simultaneous nitrification-denitrification (SNDN) activated sludge
• Aerobic Granular Sludge (AGS)
The consulting team used Ames-specific wastewater data and computer modeling to
appropriately size equipment and basins to achieve the discharge limits required under
the Iowa Nutrient Reduction Strategy. Each of the technologies was then able to b e
compared based on its anticipated capital and operating costs.
Alternative
BNR1
Conventional
BNR Activated
Sludge
Alternative
BNR2
SNDN
Activated
Sludge
Alternative
BNR3a
AGS with
Primary
Clarification
Alternative
BNR3b
AGS without
Primary
Clarification
Capital Costs $62,610,000 $63,330,000 $78,330,000 $79,650,000
Annual O&M Costs $296,000 $264,000 $255,000 $249,000
Note that the pricing in the table above does not include the headworks modification. That
pricing was developed in a subsequent technical memorandum.
6
A nonmonetary evaluation was also performed using the following factors. The definitions
of each factor and discussion relative to each alternative are contained in Section 7 of the
Facility Plan (www.cityofames.org/nutrients).
1. Treatment Performance (10%)
2. Resiliency to Changing Conditions and Process Upsets (9%)
3. Safety (8%)
4. Operational Complexity (8%)
5. Maintenance Requirements (8%)
6. Peak Flow Handling (8%)
7. Adaptability for Future Regulations (7%)
8. Implementation and Constructability (7%)
9. Solids Handling Impacts (7%)
10. Expandability (7%)
11. Environmental Impacts (7%)
12. Flexibility (6%)
13. Social Impacts (4%)
14. Public Acceptance (4%)
Alternative
BNR1
Conventional
BNR Activated
Sludge
Alternative
BNR2
SNDN
Activated
Sludge
Alternative
BNR3a
AGS with
Primary
Clarification
Alternative
BNR3b
AGS without
Primary
Clarification
Total Nonmonetary Score
(out of 50) 42.7 43.2 46.5 45.2
After considering both the monetary and nonmonetary evaluations, staff
recommended proceeding with “Alternative BNR2 - SNDN Activated Sludge.”
SITE LAYOUT EVALUATION (Section 10)
The initially assumed site layout was configured based on available space without the
demolition or relocation of significant structures or buildings. However, these limitations
would place the aeration basins in an area that had significant drawbacks:
• It would require the relocation of substantial existing underground utilities
• It would involve extensive construction into the hillside below the digesters
• It left little to no adjacent space for future expansions.
The Administration Building currently sits on level ground adjacent the final clarifiers .
Since a reinvestment into the Administration Building was already budgeted (2022 -2027
WPC Facility Improvements CIP Project), the possibility of relocating the Administration
Building and putting the remodel budget towards the cost of reconstructing the building
was deemed worth consideration. Two alternatives were evaluated:
7
• Alternative 1 would place the aeration basins (shown in yellow in the aerial photos
that follow) to the west of the Raw Wastewater Pump Station (shown in purple in
the aerial photos).
• Alternative 2 would place the aeration basins to the east of the Raw Wastewater
Pump Station where the Administration Building currently sits, with the
Administration Building relocated to the northeast.
Siting Alternative 1 Siting Alternative 2
The cost comparison for Alternative 1 includes the costs budgeted in a separate project
for the renovation of the Administration Building. There was an incremental cost of $4.55
million to relocate the Administration Building versus renovating the existing building. But
that was partially offset by a $3.67 million reduction in the cost of the nu trient
modifications. Due primarily to the increased flexibility for future expansions, staff
has recommended Siting Alternative 2.
Siting Alternative 1–
New Activated Sludge
System West of Raw
Wastewater Pump
Station
Siting Alternative 2–
New Activated Sludge
System At Location of
Existing Administration
Building
Simultaneous nitrification-denitrification (SNDN) $63,330,000 $61,480,000
Other Project Components $19,660,000 $22,390,000
Total Opinion of Capital Costs $82,990,000 $83,870,000
PROJECT PHASING EVALUATION (Section 11)
As mentioned previously, the 2019 Study recommended implementation in three phases
over 20 years. The main driver to move forward with the early phases was the aging
trickling filter media. The reason for recommending a phased approach was to spread
out the rate impacts by allowing other infrastructure components to remain in use for as
8
long as possible. The ultimate compliance with the Iowa Nutrient Reduction Strategy was
to be within 20 years (in the year 2039).
The Sewer Fund rate projections prepared over the past few years have been built on the
concept of a three-phase implementation, with Phase 1 occurring in the first five years,
Phase 2 occurring in the second five years, and Phase 3 in the final 10 years. T iming of
the Headworks Modifications was shown as being concurrent with the first phase.
In the Facility Plan, a two-phase implementation was considered. The evaluation was
intended to determine if the overall cost could be reduced without a detrimental impact
on sewer rates by combining the scope of the first two phases, and completing the
modifications in a second phase that would be deferred for approximately 12 years.
Capital Costs
Phasing Alternative 1
Three-Phase Implementation
with One Activated Sludge
Train in First Phase
Phasing Alternative 2
Two-Phase Implementation
with Two Activated Sludge
Trains in First Phase
Phase 1 $40,690,000 $49,780,000
Phase 2 $10,340,000 $30,230,000
Phase 3 $32,840,000 --
Total $83,870,000 $80,010,000
Staff is recommending Phasing Alternative 2. Deferring a second phase until
approximately 12 years from now (design in FY 2035/36 and construction in FY 2036/37
and FY 2037/38) would still allow for more than a year of operational optimization before
the 20-year completion target that the City committed to in the 2019 Feasibility Study and
that was approved by the Iowa DNR. It adds increased capacity for growth on a quicker
timeline than Alternative 1, allows sewer rate projections that are identical to those
presented to Council in early 2022, and has an overall capital cost savings of more than
$3 million.
CONCLUSION AND RECOMMENDATION
The analysis conducted in the Facility Plan results in the following final conclusions and
recommendations:
1. The City should pursue construction of a Biological Nutrient Removal facility
utilizing a Simultaneous Nitrification Denitrification (BNR-SNDN) process.
2. The existing Administration Building should be demolished to allow the new
aeration basins to be constructed in close proximity to the final clarifiers, and a
new Administration Building constructed to the northeast of its current location.
9
3. The project should be constructed in two phases, with the detailed final design of
Phase 1 beginning immediately. Phase 2 should be planned and budgeted such
that construction can be completed in 2038, allowing one year of operation prior to
the 2039 final completion date submitted by the City in April 2019 and approved
by the Iowa DNR in December 2019.
1
ITEM #: 30
DATE: 04-11-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: NUTRIENT REDUCTION MODIFICATIONS PROJECT - PROFESSIONAL
SERVICES AGREEMENT AMENDMENT NUMBER 1
BACKGROUND:
On June 28, 2022, City Council approved a professional services agreement with Strand
Associates for the planning, design, and bidding phases of the Water Pollution Control
Facility (WPCF) Nutrient Reduction Modifications Project. The agreement provided for a
fee of $1,655,000, plus $20,000 hourly services for extraordinary permitting assistance
as needed.
The Council resolution for that award included the following: “…It is important to note that
the Scope of Work is likely to change during the design phase as the details of the project
become better defined…”
Two significant changes have been made to the project scope during the
conceptual design process:
1) It was decided to demolish and reconstruct the Administration Building to allow the
new aeration basins to be placed in a location that is more cost-effective and better
situated for future additions.
2) It was decided to complete the modifications in two phases instead of three in order
to minimize the overall total cost of the modifications. This accelerated some of
the work that was previously envisioned for a later phase, such as the installation
of hydrocyclones for sludge densification, flow splitting structures, and one
aeration basin.
There were also some work elements that were expressly e xcluded from the original
scope that are now being added at staff’s request. For example, the original agreement
noted that a new electrical service entrance and electrical distribution equipment were not
included. As the design progressed, it became clear that the space available to house
new electrical equipment was not sufficient, and the need for a new electrical building to
house the electrical service entrance and switch boards became clear.
Staff believes these are significant changes to the scope, and an adjustment to the
previously awarded professional services agreement is warranted. A copy of
Amendment Number 1 is attached. Staff has worked closely with the design team at
Strand Associates to identify specific changes to the scope of work, and to confirm that
the cost increases are limited to new or expanded scope items only. While many of the
2
revised scope items are overlapping, the increased costs can be broken into the following
general categories:
New or Altered Scope Item Cost
Relocation of Administration Building $ 395,000
Switch to Two Phases instead of Three 194,000
Misc. Scope Changes 136,000
Delete Local Limits Review -15,000
Total Change in Prof. Svcs. (Amendment #1) $ 710,000
The professional services agreement originally awarded in June 2022 contained the first
two line items in the table shown below. The $710,000 for Amendment #1 is also shown
below (in italics), for a revised professional services agreement total of $2,385,000:
Planning, Design, & Bidding Phase $ 1,655,000
Additional Services as Authorized 20,000
Amendment #1 - Additional Design Services 710,000
Revised Professional Services Total $ 2,385,000
The FY 2023–2028 Capital Improvements Plan includes funding for engineering, legal,
and other professional services associated with this project. The subtotal available for
professional services during the design phase is $3,290,000. The table below indicates
the funding available for professional services during both the design and construction
phases of the project:
Budget Year Professional Services Budget
FY 2022/23 (design phase) $ 1,260,000
FY 2023/24 (design phase) 2,030,000
Design Phase Subtotal $ 3,290,000
FY 2024/25 (construction phase) 1,720,000
FY 2025/26 (construction phase) 1,790,000
Construction Phase Subtotal $ 3,510,000
Total Professional Services Budget $ 6,800,000
Additional design phase services may still be needed for elements that are not
captured in this amendment. As an example, the extent of storm water management
that will be required by Story County is still not fully known. The scope presumes that
storm water management will be limited to the area disturbed by the project; but if the
County chooses to require storm water management for the entire property, that would
be outside the scope of the agreement. Also not included at this time are any needed
improvements to the City-owned south access road.
Council should also be aware that an additional amendment will be needed around
the time of award of the construction contract. This future change order will add
3
construction phase engineering services such as shop drawing review, pay request
review, change order preparation, and State Revolving Fund coordination with the Iowa
Department of Natural Resources and the Iowa Finance Authority. It may also include
Resident Project Review to provide continuous construction oversight.
ALTERNATIVES:
1. Approve Amendment Number 1 to the professional services agreement with
Strand Associates for design phase services related to the Water Pollution Control
Facility Nutrient Reduction Modifications Project in the amount of $710,000.
2. Do not approve the amended scope and fees, and provide staff direction
regarding the changes in the scope of work.
CITY MANAGER’S RECOMMENDED ACTION:
When Council approved the original agreement with Strand Associates in June
2022, changes to the scope of work were anticipated, as the details of the project
were still being developed and refined. Two significant design changes (the
relocation of the Administration Building and the change to constructing the
project in two phases instead of three) have necessitated a revision to the scope
and associated fees. Staff has met with the consultant and reviewed the modified scope
of work line by line to ensure that the additional fees are truly associated with work that
was not included in the original agreement.
The additional professional services related to the proposed change order:
• Were anticipated;
• Are in response to design changes approved by staff;
• Are within the adopted project budget; and,
• Were already accounted for in the rate projections shared with Council
during the budget process.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # 31
DATE: 04-11-23
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING A MAXIMUM PROPERTY TAX LEVY OF
$23,666,001 AND SETTING APRIL 25, 2023 AS THE DATE OF THE
PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL
YEAR 2022/23 ADJUSTED BUDGET AND THE FISCAL YEAR 2023/24
BUDGET
BACKGROUND:
During the 2019 legislative session, changes were made to the Code of Iowa that
altered the process for the adoption of annual budgets for cities. Per Iowa Code section
384.15A, cities must now hold a public hearing and adopt a maximum property tax levy
in any year the city expects to adopt a budget that includes a levy of property taxes
(excluding debt service) exceeding 102 percent of the prior budget. Additionally, the
Code requires that notice of the hearing be included on the City internet site and
primary social media account. The approval of the maximum levy requires a two-thirds
majority vote of the Council.
One of stated purposes of the new legislation was to improve transparency and
disclosure of proposed property tax increases for local government.
CITY OF AMES BUDGET AND PROPERTY TAX LEVY:
As a growing City, Ames routinely adopts a budget that includes a levy of property taxes
that exceeds 102 percent of the prior year. Ames has also followed a policy of complete
and full disclosure for the proposed and adopted budget, including the levy of property
taxes and the impact of the various classes of property. Because of this, compliance
with the Iowa Code changes fits within the City’s established budget process but
requires an additional hearing and posting of property tax levy information in the format
established by the State of Iowa.
The deadline for adoption of the budget is customarily March 31 to allow time for public
notices and the additional hearing required for the maximum tax levy. Due to the timing
of a modification to the residential rollback rate, the deadline for certification of the
annual budget was adjusted to April 30, 2023. While the deadline for certifying the
budget was modified, the process for adopting the budget remains the same as in past
years.
The proposed budget and associated notices include a maximum levy amount of
non-debt service-related property tax collections in the amount of $23,666,001.
This amounts to a 19-cent increase in the aforementioned levy rates. It should be
emphasized that this year staff evaluated the appropriate levy utilization given the
likely changes in the State’s property taxation system. In order to maintain
maximum flexibility and predictability given the uncertainty of future State
Legislature action, a shift of levy utilization is being made from the Employee
2
Benefits Levy to the General Levy.
ALTERNATIVES:
1. Adopt a resolution establishing the City of Ames maximum property tax levy for
fiscal year 2023/24, and establish April 25, 2023, as the date of the final public
hearing on the Adjusted Budget for FY 2022/23 and the adoption of the Budget
for FY 2023/24.
2. Delay the hearing and resolution establishing the City of Ames maximum
property tax levy for fiscal year 2023/24.
CITY MANAGER’S RECOMMENDED ACTION:
Holding a public hearing and adoption of a maximum property tax levy is required to
proceed with the City Manager’s recommended budget and any modifications made by
City Council. Therefore, it is recommended that City Council approve Alternative No. 1,
as described above.
3/22/23, 10:07 AM Local Government Property Valuation System
https://dom-localgov.iowa.gov/budget-renderer?id=14775 1/2
NOTICE OF PUBLIC HEARING - CITY OF AMES - PROPOSED PROPERTY TAX LEVY
Fiscal Year July 1, 2023 - June 30, 2024
The City Council will conduct a public hearing on the proposed Fiscal Year City property tax levy as follows:
Meeting Date: 4/11/2023 Meeting Time: 06:00 PM Meeting Location: City Hall Council Chambers 515 Clark St Ames, IA
At the public hearing any resident or taxpayer may present objections to, or arguments in favor of the proposed tax levy. After adoption of the proposed tax levy, the City
Council will publish notice and hold a hearing on the proposed city budget.
City Website (if available)
www.cityofames.org City Telephone Number
(515) 239-5113
Current Year Certified
Property Tax 2022 - 2023
Budget Year Effective
Property Tax 2023 - 2024
Budget Year Proposed Maximum
Property Tax 2023 - 2024
Annual %
CHG
Regular Taxable Valuation 3,399,701,391 3,406,697,589 3,406,697,589
Tax Levies:
Regular General 18,744,553 18,744,553 21,603,178
Contract for Use of Bridge 0
Opr & Maint Publicly Owned Transit 2,034,090 2,034,090 2,062,823
Rent, Ins. Maint. Of Non-Owned Civ. Ctr.0
Opr & Maint of City-Owned Civic Center 0
Planning a Sanitary Disposal Project 0
Liability, Property & Self-Insurance Costs 0
Support of Local Emer. Mgmt. Commission 0
Emergency 0
Police & Fire Retirement 2,187,255 2,187,255 0
FICA & IPERS 0
Other Employee Benefits 0
Total Tax Levy 22,965,898 22,965,898 23,666,001 3.04
Tax Rate 6.75527 6.74140 6.94690
Explanation of significant increases in the budget:
The primary reasons for increases in the budget include increased employee salary and benefits costs.
If applicable, the above notice also available online at:
The official website of the City of Ames is www.cityofames.org/finance; the official Facebook page of the City of Ames is: www.facebook.com/cityofames; the official
Twitter page of the City of Ames is: www.Twitter.com/cityofames.
*Total city tax rate will also include voted general fund levy, debt service levy, and capital improvement reserve levy.
**Budget year effective property tax rate is the rate that would be assessed for these levies if the dollars requested is not changed in the coming budget year
3/22/23, 10:07 AM Local Government Property Valuation System
https://dom-localgov.iowa.gov/budget-renderer?id=14775 2/2
4/5/23, 10:09 AM Local Government Property Valuation System
https://dom-localgov.iowa.gov/budget-renderer?id=14775 1/2
NOTICE OF PUBLIC HEARING -- PROPOSED BUDGET
Fiscal Year July 1, 2023 - June 30, 2024
City of: AMES
The City Council will conduct a public hearing on the proposed Budget at: City Hall Council Chambers 515 Clark St. Ames, IA Meeting Date: 4/25/2023
Meeting Time: 06:00 PM
At the public hearing any resident or taxpayer may present objections to, or arguments in favor of , any part of the proposed budget. This notice represents a
summary of the supporting detail of revenues and expenditures on file with the City Clerk and County Auditor.
City budgets are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult
https://dom.iowa.gov/local-budget-appeals.
The Budget Estimate Summary of proposed receipts and expenditures is shown below. Copies of the the detailed proposed Budget may be obtained or
viewed at the offices of the Mayor, City Clerk, and at the Library.
The estimated Total tax levy rate per $1000 valuation on regular property
10.20097
The estimated tax levy rate per $1000 valuation on Agricultural land is
3.00374
At the public hearing, any resident or taxpayer may present objections to, or arguments in favor of, any part of the proposed budget.
Phone Number
(515) 239-5113 City Clerk/Finance Officer's NAME
Corey Goodenow, Director of Finance
Budget FY 2024 Re-estimated FY 2023 Actual FY 2022
Revenues & Other Financing Sources
Taxes Levied on Property 1 34,748,203 33,526,132 31,805,581
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 34,748,203 33,526,132 31,805,581
Delinquent Property Taxes 4 0 0 356
TIF Revenues 5 386,876 1,336,440 1,874,167
Other City Taxes 6 12,801,747 13,215,351 13,891,196
Licenses & Permits 7 1,636,190 1,636,190 1,219,979
Use of Money and Property 8 13,252,288 20,301,389 -40,459,165
Intergovernmental 9 43,702,621 60,900,723 56,805,081
Charges for Fees & Service 10 333,854,261 336,126,650 320,790,467
Special Assessments 11 227,104 236,763 250,102
Miscellaneous 12 4,594,166 4,375,598 3,050,302
Other Financing Sources 13 18,903,897 45,006,386 25,079,879
Transfers In 14 18,049,564 21,284,079 21,920,754
Total Revenues and Other Sources 15 482,156,917 537,945,701 436,228,699
Expenditures & Other Financing Uses
Public Safety 16 22,512,142 21,459,496 19,670,023
Public Works 17 8,387,469 8,208,440 7,587,030
Health and Social Services 18 1,878,514 1,773,198 1,634,714
Culture and Recreation 19 10,478,969 10,115,921 9,369,981
Community and Economic Development 20 4,505,175 9,688,346 4,201,066
General Government 21 3,842,069 4,406,648 3,336,782
Debt Service 22 12,979,018 12,358,322 22,928,879
Capital Projects 23 30,462,733 74,501,677 17,915,789
Total Government Activities Expenditures 24 95,046,089 142,512,048 86,644,264
Business Type / Enterprises 25 362,826,390 402,238,763 318,789,502
Total ALL Expenditures 26 457,872,479 544,750,811 405,433,766
Transfers Out 27 18,049,564 21,284,079 21,920,754
Total ALL Expenditures/Transfers Out 28 475,922,043 566,034,890 427,354,520
Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 6,234,874 -28,089,189 8,874,179
Beginning Fund Balance July 1 30 910,668,885 938,758,074 929,883,895
Ending Fund Balance June 30 31 916,903,759 910,668,885 938,758,074
1
ITEM #: 32 & 33
DATE: 04-11-23
DEPT: FINANCE
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARINGS AND NOTICE OF INTENT TO ISSUE $11,750,000
ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS,
$550,000 GENERAL CORPORATE PURPOSE GENERAL OBLIGATION
BONDS FOR MUNICIPAL PARK MAINTENANCE FACILITIES, AND
ASSOCIATED TAX LEVY FOR DEBT SERVICE
BACKGROUND:
The FY 2023/24 City Budget includes several General Obligation (G.O.) Bond-funded capital
improvements. A public hearing is required to authorize the issuance of bonds and the levy
of property taxes for debt to be issued. The dollar amounts and corresponding property tax
levy for the planned G.O. bond issue are included in the FY 2023/24 budget.
The G.O. Bonds and debt service levy for the FY 2023/24 budget are based on projects listed
in the table below. Council authorization will be required later to approve the sale of the bonds.
Though the bonds will be combined in a single sale, the $550,000 to fund the Park
Maintenance Facility renovation is a general corporate purpose issuance subject to a reverse
referendum and requires a separate public hearing. The City is limited to $700,000 in general
corporate purpose bonds by purpose of use and each use requires a separate hearing. The
remaining projects are qualified as essential corporate purposes, not subject to reverse
referendum, and can be combined in a single public hearing in amount not to exceed
$11,750,000.
On September 14, 2021, the City Council held a public hearing to issue general
obligation bonds not to exceed $21,200,000 to fund the construction of an indoor
aquatic center as part of reinvestment district urban renewal plan. In FY 2022/23, the
City issued the first $1,000,000 in support of the indoor aquatic facility project. The
second issue of bonds to fund the aquatic center, also in the amount of $1,000,000, will
be included in the upcoming sale of bonds, but no additional public hearing is needed.
Please note that in addition to the amount to fund the G.O. Bond-funded capital projects, the
amount not-to-exceed includes additional authorization to allow for issuance costs and the
option to sell the bonds at a premium over the par or face value of bonds. In any case, debt
will not be issued in an amount where debt service exceeds the property tax levy included in
the proposed budget.
The public hearings and pre-levy resolution will be required at the time of the budget
certification to levy property taxes for the bonds not yet issued. The total non-abated annual
principle and interest payments for all new and existing debt in FY 2023/24 that is included in
the proposed budget is $11,143,151, of which $1,469,313 represent the principle and interest
payments for the CIP projects for FY 2023/24.
2
The Capital Improvements Plan’s (CIP) 2022/23 G.O. Bond issue includes the following:
2023/24 CIP G.O. ISSUE
Arterial Street Pavement Improvements $ 500,000
Asphalt Street Pavement Improvements 3,000,000
Concrete Pavement Improvements 950,000
Collector Street Pavement Improvements 1,200,000
Seal Coat Street Pavement Improvements 1,750,000
South 16th Street Road Widening 325,000
Campustown Public Improvements 1,200,000
Alley Pavement Improvements 400,000
Intelligent Transportation System 468,300
Traffic System Capacity Improvements 370,000
Total G.O. Essential Corporate Purpose $ 11,163,300
Issuance Costs/Rounding 586,700
GRAND TOTAL – 2023/24 G.O. ISSUANCE $ 11,750,000
Park System Facility Improvements $ 500,000
Issuance Costs for Park Facility Improvements 50,000
Bond Hearing Already Held For Indoor Aquatic Center $ 1,000,000
The total bond issue, excluding issuance costs, is $12,663,300, as indicated in the approved
FY 2023-2028 CIP.
ALTERNATIVES:
1. Authorize the issuance of Essential Corporate Purpose General Obligation Bonds in
an amount to exceed $11,750,000, authorize the issuance of General Obligation
Corporate Purpose General Obligation Bonds in an amount not to exceed $550,000
as well as the associated tax levy for repayment.
2. Do not authorize the issuance of Essential and General Corporate Purpose Bonds for
projects reflected above. This alternative will prevent the City from completing the
bond-funded projects reflected in the CIP.
CITY MANAGER’S RECOMMENDED ACTION:
Prior to the issuance of debt, state law requires that a public hearing be held, and associated
pre-levy resolution be adopted. This is a required step in order to accomplish the Council’s
approved capital improvements for the upcoming fiscal year. At a previous meeting, the City
Council set April 11, 2023 as the date of the two public hearings.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM #: __34___
DATE: 04-11-23
DEPT: __P&H_
COUNCIL ACTION FORM
SUBJECT: RESOLUTION APPROVING AGREEMENT FOR SALE OF CITY-OWNED
LOTS 2-7 IN THE 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 households. The
subdivision would consist of 27 buildable lots, 26 single-family lots, and one (1) 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, a minimum of 51% (14) of the lots have
to be available to low and moderate-income households.
Habitat for Humanity of Central Iowa (HHCI) has signed a grant agreement with the Iowa
Finance Authority (IFA) to receive $1,559,660 of Coronavirus State and Local Fiscal
Recovery Funds. HHCI is now ready to proceed with its request to purchase six (6) lots
in the Baker Subdivision at $50,000 each. Staff and Habitat have identified Lots 2-7,
located along the south side of Wilmoth Avenue (see attachment A).
This transaction with HHCI would represent the sixteenth partnership between HCCI 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 L MI
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. Six individual purchase agreements
have been prepared, which allows each agreement to reflect the appropriate
commencement, completion, and sale schedules for each lot. (Since the agreements are
the same for all six lots, only one is attached for your review)
The schedules incorporated into each lot are reflected in the table below:
2
ALTERNATIVES:
1. Approve the terms and conditions (including the price) as outlined in the purchase
agreements for the sale of Lots 2-7 in the Baker Subdivision to Habitat for
Humanity of Central Iowa.
2. Approve modified terms and conditions for the sale of Lots 2-7 in the Baker
Subdivision to Habitat for Humanity of Central Iowa.
3. Direct staff to seek other buyers to purchase the lots.
4. Decline to sell the single-family lots at this time.
CITY MANAGER'S RECOMMENDED ACTION:
The sale of Lots 2-7 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 HHCI. Each of the homes will conform to the
established covenants for Baker Subdivision. It is therefore the recommendation of the
City Manager that the City Council adopt Alternative #1, as described above.
Lot # Address Price Down payment
Escrow
Anticipated
Construction
Start on or
before:
Construction
Completion by:
Habitat Sale to qualified
homebuyers on or
before:
7 320 S. Wilmoth $50,000 $2,500 9/15/2023 8/31/2024 9/30/2024
6 324 S. Wilmoth $50,000 $2,500 9/15/2023 8/31/2024 9/30/2024
5 328 S. Wilmoth $50,000 $2,500 9/15/2024 8/31/2025 9/30/2025
4 400 S. Wilmoth $50,000 $2,500 9/15/2024 8/31/2025 9/30/2025
3 404 S. Wilmoth $50,000 $2,500 4/30/2025 4/30/2026 5/31/2026
2 408 S. Wilmoth $50,000 $2,500 4/30/2025 4/30/2026 5/31/2026
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 408 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 construction or rehabilitation , 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 2, Baker Subdivision, Ames, Story County, Iowa (also known as 408 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 Instrument No. 2022-00200
filed January 6, 2022, filed in the office of the Story County Recorder 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, 2026, 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, includi ng t ransfer 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 amount equal to the
cost of having an abstract produced for the property, which shall not to exceed $1,000,
to reimburse the City’s expense in having an abstract prepared. 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 A by this reference made a part hereof. All property improvements shall be
completed on or before April 30, 2026. 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
Page 3 of 15
Habitat for any cost incurred for any improvements made to the Property.
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 B 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 on or before April 30, 2026.
4. Habitat further agrees that it will include in its mortgage documents with an
eligible buyer the following language:
Page 4 of 15
Borrower(s) covenants and agrees that in the event it shall desire to sell or
convey the Property during the term of this Security Instrument, for a
period of fifteen (15) 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, 2026. Habitat shall promptly sell the Property to qualified
homebuyers on or before May 31, 2026.
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 C.
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.
Page 7 of 15
B. Limitation on Resale. Habitat agrees the documents of the sale of the Property to the
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 May 31, 204 4 , 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 fully 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 , 204 4 , 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, 204 4 , 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:
Page 8 of 15
1. By mandamus or other suit, action or proceeding at law or in equity, require
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
Page 9 of 15
ELIGIBILITY RESTRICTIONS FOR
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
Page 10 of 15
This Agreement may be terminated in whole or in part upon the mutual agreement of the
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
Page 11 of 15
Agreement, no person having such an interest shall be employed by Habitat.
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 April, 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 - 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, 2026). A final inspection will be required to verify that all
items have been completed. Failure to adhere to these deadlines may cause the agreement to become null
and void.
ATTACHMENT B
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 C
NOTICE OF PARTIAL TRANFER OF A STORM WATER DISCHARGE COVERED
UNDER IOWA NPDES GENERAL PERMIT NO. 2 (and City of Ames Chapter 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 Chapter 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
Chapter 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: _________________________________________________________
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17
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19
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21
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12"
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24
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25
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26 27 28 29
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30
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32
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33
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34
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35
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36
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37
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38
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39
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40
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1
ITEM # ___35__
DATE: 04-11-23
DEPT: _ELEC._
COUNCIL ACTION FORM
SUBJECT: POWER PLANT RENOVATIONS REPORT OF BIDS
BACKGROUND:
On February 28, 2023, City Council approved preliminary plans and specifications for Power
Plant Renovations. This project is to improve the women’s restroom, provide for gender -
inclusive restroom/shower facilities, and eliminate security access concerns at the Power
Plant. The restroom and shower facilities are not adequate to support a diverse workforce,
nor does the plant’s access system provide the necessary security needed in today’s
environment. This is the second time we bid this project which yielded only one bid in 2022
and came in at approximately $700,000.
Bid documents were issued to nine firms and four plan rooms. The bid was advertised on
the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was
published on the websites of a contractor plan room service with statewide circulation.
On March 29, 2023, one bid was received from Boyd Jones Construction of Urbandale, IA,
in the amount of $890,000. The architect’s estimate was $489,650.
The approved FY 2022/23 Power Plant operating budget includes $400,000 for this project,
along with $155,000 reallocated from the Turbine Deck Improvement project. There is
significant difference between the bid and the project estimate . Given this difference
compared to the estimate and the shortfall of funds that would be needed to award
the bid, staff is requesting that the City Council reject the bid for this project. Staff
needs to discuss the best way to complete the project given two bid attempts have
come in significantly over budget.
ALTERNATIVES:
1. Reject the bid for the Power Plant Renovations project.
2. Award a contract to the apparent low bid and direct staff to identify additional funds.
CITY MANAGER’S RECOMMENDED ACTION:
This is the second time this project was bid out.These renovations at the Power Plant will
create bathroom facilities to support a much more diverse and inclusive workforce and will
improve the security of the plant. However, because the only bid again came in significantly
higher the architect’s estimate, staff would like the opportunity to reanalyze the project and
determine the best course of action to complete the renovation work. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No.1, as
described above.
1
ITEM # ___36__
DATE: 04-11-23
DEPT: _Electric_
COUNCIL ACTION FORM
SUBJECT: RDF STORAGE BIN REPAIR PROJECT
BACKGROUND:
The City’s Resource Recovery Plant (RRP) converts municipal solid waste (MSW) into
refuse derived fuel (RDF). The RDF is then conveyed to the RDF Storage Bin, which
provides buffer and storage capacity until the RDF can be metered into the Power Plant
boilers for combustion.
The existing RDF Storage Bin has been in service since 1996. The bin was primarily
constructed of COR-TEN steel, a weathering steel designed to initially rust and build up
an oxide layer that then prevents further rusting of the steel from occurring. The use of
COR-TEN steel to construct the RDF Storage Bin has proven to be problematic in places
where the COR-TEN steel is in regular or constant contact with the RDF. Constant contact
with the RDF removes the oxide layer meant to protect the steel underneath, causing the
exposed steel to rust anew. This cycle repeated over and over eventually removes
enough steel that portions of the bin need to be repaired or replaced.
The RDF Storage Bin has reached the point that the containment’s confining walls are in
dire need of being replaced, and certain structural steel supports need to be repaired or
replaced. This project to repair the bin was initially sent out to bid in August 2018. The
bids received were much higher than what was budgeted. Staff chose to perform some
of the repair work with City staff and through an annual maintenance contract with an
outside vendor. Staff then worked with the engineering consultant to reduce the remaining
scope to essential items and rewrite the specifications. The project was then delayed due
to COVID and most recently due to limited staffing.
The Engineer’s estimate for the revised project is $2,870,090 for the base work. The base
bid excludes repair or replacement of the bin wall panels. To keep the project within the
budgeted amount, options to either repair or replace the wall panels have been included
in the bid specifications. This was done so that once the bids were received, staff
could evaluate the proposed costs for repair or replacement and recommend the
most cost-effective option that can be completed within the project budget. In
preparation for future wall panel work, this bid request included an alternative cost to
remove the wall panel seal strips. The Capital Improvements Plan includes a balance of
$3,568,000 for the RDF Bin repair work.
On February 14, 2023, City Council approved revised preliminary plans and specifications
for Refuse Derived Fuel (RDF) Storage Bin Repair. Bid documents were issued to nine
firms and three plan rooms. The bid was advertised on the Current Bid Opportunities
2
section of the Purchasing webpage and a Legal Notice was published on the websites of
a contractor plan room service with statewide circulation.
On March 29, 2023, four bids were received as shown in the table below.
BIDDER BASE BID ALTERNATE
Neumann Brothers Inc.
Des Moines, IA $1,380,000 $48,000
Modern Inc.
Cedar Rapids, IA $2,467,884 $213,500
Henkel Construction Co
Mason City, IA $2,528,000 $79,356
TEiC Construction Services Inc.
Duncan, SC $3,580,231 $0
Staff reviewed bids and the apparent low bid from Neumann Brothers Inc., Des Moines,
Iowa, is acceptable. Staff has chosen to include the Alternative in its request to City
Council approval to have the wall seal strip work completed.
ALTERNATIVES:
1. Accept final plans and specifications and award a contract for the base bid and
alternate to Neumann Brothers Inc., Des Moines, Iowa, for the RDF Storage Bin
Repair project, in the amount of $1,428,000.
2. Award a contract to another vendor.
3. Reject all bids and direct staff to rebid.
CITY MANAGER'S RECOMMENDED ACTION:
This project will return the RDF Storage Bin to a condition that will allow it to operate
safely and function properly. The Council should note that although options are being
considered for the future of the waste-to-energy system that do not require use of
this bin, most of the options being explored do rely on continuing to use the
existing bin. Even if the City was to pursue a waste-to-energy option that no longer
relies on the existing bin, implementing a new system would take at least five years.
The proposed repairs to the bin under this project must be undertaken to ensure
the bin can operate until that time.
The bids received for the RDF Storage Bin Repair project have considerable variation
from one another. Staff spent considerable time reviewing the apparent low bidder to
ensure that all work was included in their bid. Staff is confident that the bid includes all
work specified in the bid request. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1, as stated above.
ITEM #: 39
DATE: 04-11-23
DEPT: P&H
COUNCIL ACTION FORM
REQUEST: THIRD READING OF REZONING FROM RESIDENTIAL LOW-DENSITY
ZONE (RL) TO RESIDENTIAL MEDIUM DENSITY ZONE (RM) PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY WITH A MASTER PLAN AT
3216 TRIPP STREET
BACKGROUND:
The City owns the property at 3216 Tripp Street in the Baker Subdivision. As part of a
City Council initiated rezoning, the Staff have proposed rezoning this property from
Residential Low Density (RL) to Residential Medium Density (RM) with a PUD Overlay
and Master Plan for the property at 3216 Tripp Street. The subject parcel is 2.78 acres.
(See Attachment A). This rezoning is necessary step in support of submitting a LIHTC
application with our partner development group represented by Hatch Development.
PUD MASTER PLAN:
City Council has approved the first two readings of the ordinance for the rezoning of this
site with a master plan that described the number of units on the property, height limits,
and references to affordable housing with a reduced parking rate. On February 28 th, City
Council deferred the third reading of the rezoning ordinance with a master plan to allow
for City Council to consider reducing the require d parking rate related to affordable
housing. City Council initiated at that time a text amendment to reduce the maximum
required parking for an affordable housing unit in a PUD from 2.0 spaces per unit to 1.5
spaces per unit.
Staff is recommending that City Council modify the proposed Master Plan for 3216
Tripp Street to remove the specific reference to a parking rate of 2.0 spaces per
unit due to Council’s intent to consider reducing the requirement. Removing this
reference will then default to whatever the zoning ordinance standard is at the time
of Site Development Plan approval for the project. The revised Master Plan is
attached for approval on third reading.
Approving the third reading of the rezoning on April 11th will complete the rezoning
process for the site and allow for submittal of the LIHTC application later this month. City
Council is tentatively scheduled to consider the proposed zoning text amendment to
reduce affordable housing parking at its April 25th meeting.
ALTERNATIVES:
1. Approve on Third reading the Rezoning from Residential Low Density (RL) to
Residential Medium Density (RM) with a PUD Master Plan for the property at 3216
Tripp Street that does not identify a specific parking rate for affordable housing .
(See Attachment C)
2. Modify or Deny the request for Rezoning from Residential Low Density (RL) to
Residential Medium Density (RM) with a PUD Master Plan for the property at 3216
Tripp Street.
3. Defer Action on this request and request more information from City Staff.
CITY MANAGER’S RECOMMENDED ACTION:
The Master Plan has been revised since the second reading. This revision reflects the
PUD parking rate for affordable housing without identifying a specific parking rate. This
has been done in anticipation of an upcoming text amendment to lower the minimum
parking rate for Affordable Housing in PUD’s. The findings for approval of the rezoning
overall still applicable regardless of the reference to parking for the site. Therefore, it is
the recommendation of the City Manager that the City Council adopt Alternative #1,
as described above.
Attachment A- Master Plan