Loading...
HomeMy WebLinkAbout~Master - July 18, 2023, Regular Meeting of the Ames City Council*AMENDED* AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL JULY 18, 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. AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE MEETING CALL TO ORDER: 6:00 p.m. 1. Presentation of Findings of 190th Street Corridor Study 2. Presentation of Findings of S. Duff Avenue Interchange and Corridor Study COMMITTEE COMMENTS: ADJOURNMENT: REGULAR CITY COUNCILMEETING** **The Regular City Council Meeting will immediately follow the meeting of the Ames Area Metropolitan Planning Organization Transportation Policy Committee. CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1. Motion approving payment of claims 2. Motion approving new 5-Day (September 3 – September 7, 2023) Class C Retail Alcohol License with Outdoor Service – Apres Bar Co., 2015 Cessna Street 3. 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, 1800 S 4th Street, Pending Dramshop Status b. Class C Liquor License – Hy-Vee Market Grille, 640 Lincoln Way c. Class E Liquor License – Fareway Meat Market #189, 3720 Lincoln Way 2 d. Class C Liquor License with Catering Privilege and Outdoor Service – Sweet Carolines, 316 Main Street e. Class C Liquor License with Catering Privilege and Outdoor Service – The Mucky Duck Pub, 3100 S. Duff Avenue, Pending Dramshop Status f. Class E Liquor License – Kum & Go #1215, 4506 Lincoln Way g. Class C Liquor License – El Azteca, 2120 Isaac Newton Drive h. Special Class C Liquor License – Hickory Park Restaurant, 1404 S. Duff Avenue i. Special Class C Retail Alcohol License – Botanero Latino, 604 East Lincoln Way, Pending Dramshop Status 4. Resolution approving request to join the Mid-Iowa Planning Alliance through June 30, 2024, in the amount of $9,965.00 5. Resolution approving Quarterly Investment Report for period ending June 30, 2023 6. Resolution designating a City Staff member to serve in lieu of the appointed member of City Council for the Ioway Creek Watershed Management Authority and Headwaters of the South Skunk Watershed Management Authority 7. Resolution authorizing the Mayor to sign “Certification of Local Government Approval” on behalf of local nonprofit organizations applying for Emergency Shelter Grant (ESG) Funds 8. Requests from Octagon Center for the Arts for Octagon Art Festival on Sunday, September 24, 2023 a. Motion approving a blanket Temporary Obstruction Permit and a blanket Vending License for the Central Business District b. Resolution approving closure of the following streets from 5:00 a.m. to 6:00 p.m. i. Main Street, east of Clark to just west of Duff Avenue ii. Douglas Avenue between 5th Street and Main Street iii. Kellogg Avenue between south of the alley and Main Street iv. Burnett Avenue between south of the alley and Main Street c. Resolution approving waiver of fee for blanket Vending License d. Resolution allowing usage of electricity and approving waiver of costs of electricity 9. Requests for ECO Fair on Saturday, September 30, 2023: a. Motion approving blanket Temporary Obstruction Permit b. Motion approving blanket Vending License c. Resolution approving closure of 5th Street from Pearle Avenue to Clark Avenue from 7:00 a.m. to 2:00 p.m. on Saturday, September 30 d. Resolution approving closure of 35 metered spaces along 5th Street from7:00 a.m. to 2:00 p.m. on Saturday, September 30. e. Resolution approving waiver of Vending License fee f. Resolution approving waiver of parking meter fees 10. Underground Trenching Contract for Electric Services: a. Resolution approving contract renewal and bond with Ames Trenching & Excavating of Ames, Iowa from date of award through June 30, 2024, in an amount not to exceed $400,000 b. Resolution approving renewal of secondary contract and bond with Zoske Electrical Services, Inc., of Iowa Falls, Iowa, from date of award through June 30, 2024, in an amount not to exceed $100,000 11. Milsoft Utility Solutions for Electric Services: 3 a. Resolution waiving purchasing policies and procedure requirements for competitive bidding to award a single source procurement b. Resolution awarding contract to Milsoft Utility Solutions, Abilene, Texas for Computerized Outage Management System for the Power Plant in the amount of $58,826.46 12. Resolution authorizing Change Order No.1 to Incorp Industries, LLC of Evansville, Indiana for $ 226,500 (inclusive of sales tax) for extra work on the Unit 8 Electrostatic Precipitator Insulation and Lagging Project 13. Resolution approving Professional Service Agreement No. 1 with WHKS & Co. of Ames, Iowa for the 2022/23 Sanitary Sewer Rehabilitation Construction Observation, thereby adding US Highway 69 project location to contract, in the amount of $79,500 14. Resolution accepting year one of the five-year Water Plant Well Rehabilitation Contract as completed by Northway Well and Pump Company of Waukee, Iowa in the amount of $141,377.00 PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. The Mayor and City Council welcome comments from the public; however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each speaker to three minutes. POLICE: 15. Motion approving/denying renewal of Class C Retail Alcohol License – Terry & Andy’s Tacos Inc. (Es Tas) 216 Stanton, Pending Dramshop Status ORDINANCES: 16. First reading of Minimum Exterior Property Maintenance Ordinance 17. First reading of an ordinance amending Ames Municipal Code Section 11.4 regarding Urination and Defecation 18. Second reading of ordinance on rezoning of 314 Borne Avenue from General Industrial (GI) to Government/Airport District (S-GA) 19. Second reading of ordinance on Zoning Text Amendment to parking standards for retail sales and services-general to two spaces per 1,000 square feet DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: CLOSED SESSION: Additional Item: Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation ADJOURNMENT: 4 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. Page 1 of 2 Applicant NAME OF LEGAL ENTITY APRES BAR CO LLC NAME OF BUSINESS(DBA) Apres Bar Co BUSINESS (515) 789-0044 ADDRESS OF PREMISES 2015 Cessna Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 3610 Holcomb AvenueBeaverdale CITY Des Moines STATE Iowa ZIP 50310 Contact Person NAME Jillian Harrington PHONE (515) 422-4224 EMAIL admin@apresbarco.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Outdoor Service Item No. 2 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 Jillian Harrington Des Moines Iowa 50310 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Sep 3, 2023 POLICY EXPIRATION DATE Sep 8, 2023 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: July 3, 2023 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda Available for approval on July 18, 2023, are:  Cyclone Experience Network, (1800 S 4th Street), Class C Liquor License with Catering Privilege and Outdoor Service  Hy-Vee Market Grille, (640 Lincoln Way), Class C Liquor License  Fareway Meat Market #189, (3720 Lincoln Way), Class E Liquor License  Sweet Carolines, (316 Main Street), Class C Liquor License with Catering Privilege and Outdoor Service  The Mucky Duck Pub, (3100 S. Duff Ave), Class C Liquor License with Catering Privilege and Outdoor Service  Kum & Go #1215, (4506 Lincoln Way), Class E Liquor License  El Azteca, (2120 Isaac Newton Drive), Class C Liquor License  Hickory Park Restaurant, (1404 S. Duff Ave), Special Class C Liquor License  Botanero Latino, (604 EAST Lincoln Way,) Special Class C Liquor License with Outdoor Service 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. Iowa State University Police advised the Cyclone Experience Network did not have any liquor law violations. Smart Choice 515.239.5101 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org City Manager’s Office MEMO To: Mayor and Ames City Council From: Steven L. Schainker, City Manager Date: July 18, 2023 Subject: Mid-Iowa Planning Alliance (MIPA) Annual Membership Last fiscal year for the first time, the City became a member of the Mid Iowa Planning Alliance. This new organization offers the following services to its members: • Grant writing • Regional planning projects • Local planning projects such as comprehensive plans and zoning updates • Staffing for regional initiatives such as Story County Housing Trust • Other member support, e.g., technical assistance and map- making Of all of the services offered, we were particularly interested in the assistance that could be offered in terms of identifying available grant opportunities and assisting with the preparation of grant applications. Because of the limitations on increasing property tax revenues imposed by the State Legislature, the pursuit of grant revenues is becoming more important. An evaluation of the first year of this membership indicates that the City did receive benefit from MIPA membership in regards to grant opportunities where valuable assistance was received from MIPA staff. Therefore, I am recommending we renew our MIPA membership for another year. The annual cost was $12,455 for FY 2022/23. With Item No. 4 an increase in the number of members, the dues for FY 20223/24 will be reduced to $9,965. Funding for the dues will come from the balance of unused FY 2022/23 Council Contingency Account funds. One concern I do have with the MIPA involves the future funding of the organization. Currently, MIPA contracts with the Des Moines Area Metropolitan Planning Organization to provide the staffing, office space, etc. to provide the services offered by MIPA to its members. The direct and indirect costs are charged to MIPA, along with a 5% administrative fee. This arrangement provides a win/win situation for both organizations. MIPA avoids the extreme costs associated with hiring full-time staff, owning or leasing office space, and securing all the other support functions, while the Des Moines Area MPO is able to share some of its overhead costs with another organization. In this way, both organizations save money. Unfortunately, the Des Moines Area MPO has informed MIPA that FY 2023/24 will be the final year of the partnership. As a result of this information, the MIPA board is now seeking proposals from other entities who might be interested in providing the same administrative services. It is my fear the if another third party is not interested in assuming these functions, MIPA will have to hire its own full-time staff, lease office staff, obtain its own accounting, legal, human resources functions, etc. This new independent arrangement could lead to a significant increase in the annual dues thereby calling into question the cost/benefit of membership beyond FY 2023/24. Caring People  Quality Programs  Exceptional Service 515.239.5119 main 515.239-5320 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org City Treasurer MEMO To: Mayor and City Council From: Roger Wisecup, CPA City Treasurer Date: July 7, 2023 Subject: Investment Report for Fiscal Year Ending June 30, 2023 Introduction The purpose of this memorandum is to present a report summarizing the performance of the City of Ames investment portfolio for the fiscal year ending June 30, 2023. Discussion This report covers the period ending June 30, 2023, and presents a summary of the investments on hand at the end of June 2023. The investments are valued at amortized cost; this reflects the same basis that the assets are carried on the financial records of the City. All investments are in compliance with the current Investment Policy. Comments The Federal Reserve raised the federal fund rate from 4.75-5.00 percent to 5.00-5.25 percent in the last quarter. The yield curve is currently inverted, making shorter maturities pay higher interest rates than longer maturities. Future investments will be made at current interest rates and future interest income should increase. We will continue to evaluate our current investment strategy, remaining flexible to future investments while the Federal Reserve evaluates the target rate. A brief comparison of fiscal year 2022 to fiscal year 2023 follows: FY22 FY23 Increase Interest Income $1,628,217 $5,130,047 $3,501,830 Portfolio Effective Rate of Return 0.99% 2.75% Item No. 5 BOOK MARKET UN-REALIZED DESCRIPTION VALUE VALUE GAIN/(LOSS) CERTIFICATES OF DEPOSIT 0 FEDERAL AGENCY DISCOUNTS 6,918,250 6,912,500 (5,750) FEDERAL AGENCY SECURITIES 119,567,408 116,868,681 (2,698,727) COMMERCIAL PAPER 7,881,279 7,876,054 (5,226) MISC COUPON SECURITIES 0 PASS THRU SECURITIES PAC/CMO MONEY FUND SAVINGS ACCOUNTS 295,593 295,593 0 PASSBOOK/CHECKING ACCOUNTS 0 US TREASURY DISCOUNTS 0 US TREASURY SECURITIES 73,739,061 70,442,031 (3,297,029) INVESTMENTS 208,401,591 202,394,859 (6,006,731) CASH ACCOUNTS 34,641,560 34,641,560 TOTAL FUNDS AVAILABLE 243,043,151 237,036,419 (6,006,731) ACCRUAL BASIS INVESTMENT EARNINGS YR-TO-DATE GROSS EARNINGS ON INVESTMENTS:4,088,122 INTEREST EARNED ON CASH:1,041,925 TOTAL INTEREST EARNED:5,130,047 AND THE ACCUMULATED YEAR-TO-DATE CITY OF AMES, IOWA CASH AND INVESTMENTS SUMMARY AND SUMMARY OF INVESTMENT EARNINGS FOR THE FISCAL YEAR ENDING JUNE 30, 2023 RMCSMf,IYY OF lnvestments FY 2022-2023 Portfolio Management Portfolio Summary June 30,2023 Days to YTM Maturity 360 Equiv. City of Ames YTM 365 Equiv.lnvestments Par Value Market Value Book o/o ol Value Portfolio Term Money Market Commercial Paper Disc. -Amortizing Federal Agency Coupon Securities Federal Agency Disc. -Amortizing Treasury Coupon Secu rities lnvestments 295,593.18 8,000,000.00 120,206,000.00 7,000,000.00 75,000,000.00 295,593.18 7,876,053.50 1 16,868,681.35 6,912,500.00 70,442,031.27 295,593.18 7,881,279.02 119,567,407.92 6,918,250.00 73,739,060.52 0.14 3.78 57.37 3.32 35.38 1 215 819 230 1,205 4 I 107 450 90 633 0.296 5.172 3.128 4.86'l 1.622 0.300 5.244 3.171 4.929 1.644 210,501,593.18 202,394,859.30 209,401,590.64 100.00%4899',12 2.726 2.763 Total Earnings June 30 Month Ending Fiscal Year To Date FiscalYear Ending Current Year Average Daily Balance Effective Rate of Return 479,O75.29 211,780,409.97 2.75% I certify that these reports are in conformance with the lowa Public Investment Act. ? -?' 2oa], Reporti ng period 06101 12023-06/30/2023 Run Date: 07lO712023 - 10.26 4,088,121.95 4,088,121.95 CP Portfolio 2023 AC PM (PRF_PM1) 7.3.11 Report Ver. 7.3.1 1 YTM 365 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date Money Market 0.300First Interstate Bank4531558874 295,593.18 295,593.18 0.300295,593.18 0.296SYS4531558874B 1 295,593.18 0.296295,593.18295,593.18294,794.20Subtotal and Average 0.300 1 Passbook/Checking Accounts 0.150Wells Fargo6952311634B 0.00 0.00 0.1500.00 0.148SYS6952311634B 1 0.00 0.0000.000.000.00Subtotal and Average 0.000 0 Commercial Paper Disc. -Amortizing 5.316Angelsea1092-23 1,500,000.00 1,488,289.58 08/25/20235.11002/27/2023 1,487,400.00 5.2430347M3VR2 55 5.078Credit Agricole1091-23 1,000,000.00 983,699.44 10/31/20234.81002/14/2023 983,160.00 5.00822533UXX6 122 5.340Credit Agricole1099-23 1,500,000.00 1,462,140.84 12/29/20235.02004/13/2023 1,457,533.50 5.26722533UZV8 181 5.030Misubishi Union Financial of J1090-23 1,000,000.00 993,950.00 08/15/20234.84002/14/2023 993,950.00 4.96162479MVF7 45 5.286Misubishi Union Financial of J1095-23 1,500,000.00 1,478,463.33 10/13/20234.97003/29/2023 1,478,460.00 5.21462479MXD0 104 5.289Misubishi Union Financial of J1096-23 1,500,000.00 1,474,735.83 10/31/20234.97003/29/2023 1,475,550.00 5.21662479MXX6 122 7,881,279.02 5.1727,876,053.508,000,000.009,196,801.97Subtotal and Average 5.244 107 Federal Agency Coupon Securities 0.600Farmer Mac0962-20 1,000,000.00 1,000,000.00 11/20/20250.60011/20/2020 901,817.00 0.59231422B3F5 873 5.600Farmer Mac1113-22B 900,000.00 900,280.00 06/26/20255.60006/28/2023 900,280.00 5.52331422X4H2 726 5.600Farmer Mac1113-23A 1,400,000.00 1,400,435.56 06/26/20255.60006/28/2023 1,400,435.56 5.52331422X4H2 726 0.341Federal Farm Credit0977-21A 1,000,000.00 999,446.24 11/12/20240.30003/02/2021 931,171.00 0.3363133EMQQ8 500 0.341Federal Farm Credit0977-21B 1,500,000.00 1,499,169.36 11/12/20240.30003/02/2021 1,396,756.50 0.3363133EMQQ8 500 0.366Federal Farm Credit1008-21 2,000,000.00 1,999,464.71 10/12/20230.27010/15/2021 1,972,180.00 0.3613133ENAU4 103 2.539Federal Farm Credit1040-22A 1,500,000.00 1,487,598.15 01/25/20241.04005/20/2022 1,461,909.00 2.5043133ENLY4 208 2.539Federal Farm Credit1040-22B 1,000,000.00 991,732.10 01/25/20241.04005/20/2022 974,606.00 2.5043133ENLY4 208 3.232Federal Farm Credit1045-22A 1,500,000.00 1,485,391.30 11/25/20252.80006/13/2022 1,432,347.00 3.1883133ENXQ8 878 3.232Federal Farm Credit1045-22B 1,000,000.00 990,260.87 11/25/20252.80006/13/2022 954,898.00 3.1883133ENXQ8 878 3.554Federal Farm Credit1058-22 1,000,000.00 998,015.98 08/26/20243.37509/09/2022 977,433.00 3.5053133ENJ84 422 3.565Federal Farm Credit1059-22 1,000,000.00 999,253.60 09/13/20243.50009/13/2022 976,236.00 3.5163133ENL40 440 4.710Federal Farm Credit1069-22 2,500,000.00 2,232,378.93 05/27/20260.66010/14/2022 2,220,792.50 4.6463133EMHH8 1,061 4.585Federal Farm Credit1084-22 1,500,000.00 1,481,396.45 09/13/20243.50011/30/2022 1,464,354.00 4.5233133ENL40 440 4.875Federal Farm Credit1089-23A 1,500,000.00 1,500,000.00 01/10/20244.87501/10/2023 1,495,302.00 4.8083133EN5M8 193 4.875Federal Farm Credit1089-23B 1,000,000.00 1,000,000.00 01/10/20244.87501/10/2023 996,868.00 4.8083133EN5M8 193 0.581Federal Home Loan Bank0975-21 1,000,000.00 998,155.43 02/17/20260.65002/22/2021 900,576.00 0.5733130AL4V3 962 0.841Federal Home Loan Bank0978-21 1,000,000.00 993,346.55 02/11/20260.58003/15/2021 894,564.00 0.8293130AKXB7 956 0.385Federal Home Loan Bank0979-21A 1,500,000.00 1,499,893.97 03/15/20240.37503/17/2021 1,445,859.00 0.3803130ALKS2 258 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 YTM 365 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date Federal Agency Coupon Securities 0.385Federal Home Loan Bank0979-21B 1,000,000.00 999,929.31 03/15/20240.37503/17/2021 963,906.00 0.3803130ALKS2 258 1.116Federal Home Loan Bank0980-21 2,650,000.00 2,648,375.70 04/14/20261.50004/14/2021 2,432,888.15 1.1013130ALVT8 1,018 0.450Federal Home Loan Bank0984-21A 1,500,000.00 1,500,000.00 07/15/20240.45004/20/2021 1,422,183.00 0.4443130ALTV6 380 0.450Federal Home Loan Bank0984-21B 1,000,000.00 1,000,000.00 07/15/20240.45004/20/2021 948,122.00 0.4443130ALTV6 380 0.458Federal Home Loan Bank0985-21A 1,500,000.00 1,499,876.18 07/26/20240.45004/30/2021 1,419,763.50 0.4523130ALVQ4 391 0.458Federal Home Loan Bank0985-21B 1,000,000.00 999,917.45 07/26/20240.45004/30/2021 946,509.00 0.4523130ALVQ4 391 0.431Federal Home Loan Bank0991-21A 1,500,000.00 1,498,508.36 06/28/20240.33007/01/2021 1,423,575.00 0.4253130AMV66 363 0.431Federal Home Loan Bank0991-21B 1,000,000.00 999,005.57 06/28/20240.33007/01/2021 949,050.00 0.4253130AMV66 363 0.510Federal Home Loan Bank0992-21 1,500,000.00 1,500,000.00 08/30/20240.51007/01/2021 1,415,053.50 0.5033130AMZQ8 426 0.600Federal Home Loan Bank0994-21 2,000,000.00 2,000,000.00 05/28/20250.60009/03/2021 1,835,044.00 0.5923130ANKM1 697 0.202Federal Home Loan Bank1001-21 1,000,000.00 999,878.72 08/28/20230.12509/13/2021 992,119.00 0.1993130ANYM6 58 0.409Federal Home Loan Bank1002-21 1,000,000.00 999,600.00 09/13/20240.37509/13/2021 942,437.00 0.4033130ANR28 440 0.650Federal Home Loan Bank1013-21A 1,500,000.00 1,500,000.00 09/29/20230.65012/29/2021 1,483,144.50 0.6413130AQ7J6 90 0.650Federal Home Loan Bank1013-21B 1,000,000.00 1,000,000.00 09/29/20230.65012/29/2021 988,763.00 0.6413130AQ7J6 90 0.780Federal Home Loan Bank1016-21 1,000,000.00 1,000,000.00 12/29/20230.78012/29/2021 977,273.00 0.7693130AQ7K3 181 2.370Federal Home Loan Bank1038-22 1,500,000.00 1,494,778.85 08/28/20230.12505/09/2022 1,488,178.50 2.3383130ANYM6 58 2.875Federal Home Loan Bank1043-22 1,500,000.00 1,500,000.00 06/14/20242.87506/14/2022 1,464,562.50 2.8363130AS6D6 349 2.870Federal Home Loan Bank1044-22 1,500,000.00 1,492,861.10 02/28/20242.12506/13/2022 1,468,359.00 2.8313130ARHG9 242 3.057Federal Home Loan Bank1052-22A 1,500,000.00 1,494,999.14 02/13/20242.50007/15/2022 1,473,427.50 3.0153130AFW94 227 3.057Federal Home Loan Bank1052-22B 1,000,000.00 996,666.09 02/13/20242.50007/15/2022 982,285.00 3.0153130AFW94 227 3.180Federal Home Loan Bank1055-22 1,000,000.00 999,488.06 06/14/20243.12508/04/2022 978,651.00 3.1363130ASHK8 349 3.210Federal Home Loan Bank1056-22 1,810,000.00 1,747,089.66 11/27/20240.62508/05/2022 1,691,052.23 3.1663130AMNR9 515 3.210Federal Home Loan Bank1057-22A 1,500,000.00 1,453,667.84 01/13/20251.10008/05/2022 1,403,925.00 3.1663130AQGT4 562 3.210Federal Home Loan Bank1057-22B 1,000,000.00 969,111.89 01/13/20251.10008/05/2022 935,950.00 3.1663130AQGT4 562 3.746Federal Home Loan Bank1060-22 1,500,000.00 1,486,435.83 06/06/20253.25009/13/2022 1,445,820.00 3.6943130AS6N4 706 4.148Federal Home Loan Bank1061-22 1,500,000.00 1,499,452.82 08/28/20254.13009/13/2022 1,463,484.00 4.0913130ASZD4 789 4.000Federal Home Loan Bank1062-22 1,500,000.00 1,500,000.00 09/29/20254.00009/29/2022 1,472,476.50 3.9453130AT7A9 821 3.660Federal Home Loan Bank1064-22 1,500,000.00 1,481,133.47 12/13/20242.75009/14/2022 1,446,724.50 3.6103130A3GE8 531 4.634Federal Home Loan Bank1067-22 1,500,000.00 1,487,552.55 03/08/20243.37510/14/2022 1,478,995.50 4.5713130AT3H8 251 4.845Federal Home Loan Bank1073-22 1,000,000.00 982,833.92 02/28/20242.12511/09/2022 978,906.00 4.7783130ARHG9 242 4.810Federal Home Loan Bank1081-22 2,000,000.00 1,994,254.33 03/08/20244.37511/22/2022 1,985,146.00 4.7443130ATKJ5 251 5.125Federal Home Loan Bank1082-22 1,000,000.00 1,000,000.00 05/28/20245.12511/30/2022 995,435.00 5.0553130ATYD3 332 4.600Federal Home Loan Bank1085-22 1,000,000.00 974,661.99 12/13/20242.75011/30/2022 964,483.00 4.5373130A3GE8 531 4.810Federal Home Loan Bank1086-22 1,500,000.00 1,499,610.92 12/12/20234.75012/12/2022 1,495,035.00 4.7443130AU6T6 164 4.640Federal Home Loan Bank1087-22 1,000,000.00 1,000,863.83 04/15/20244.75012/15/2022 994,387.00 4.5773130AU6P4 289 4.787Federal Home Loan Bank1088-22A 1,500,000.00 1,500,000.00 07/27/20234.78112/30/2022 1,499,365.50 4.7223130AUC44 26 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 YTM 365 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date Federal Agency Coupon Securities 4.787Federal Home Loan Bank1088-22B 1,000,000.00 1,000,000.00 07/27/20234.78112/30/2022 999,577.00 4.7223130AUC44 26 5.063Federal Home Loan Bank1093-23A 1,500,000.00 1,513,877.28 07/28/20255.12503/27/2023 1,496,972.38 4.9943130AUNY6 758 5.063Federal Home Loan Bank1093-23B 1,000,000.00 1,009,251.51 07/28/20255.12503/27/2023 997,981.58 4.9943130AUNY6 758 5.355Federal Home Loan Bank1094-23 1,000,000.00 1,000,000.00 12/30/20245.35003/30/2023 992,491.00 5.2823130AVJ60 548 5.500Federal Home Loan Bank1097-23A 1,500,000.00 1,500,000.00 03/28/20255.50003/30/2023 1,494,373.50 5.4253130AVHN5 636 5.500Federal Home Loan Bank1097-23B 1,000,000.00 1,000,000.00 03/28/20255.50003/30/2023 996,249.00 5.4253130AVHN5 636 5.154Federal Home Loan Bank1098-23A 1,500,000.00 1,500,000.00 04/30/20245.15004/05/2023 1,494,165.00 5.0833130AVKN1 304 5.154Federal Home Loan Bank1098-23B 1,000,000.00 1,000,000.00 04/30/20245.15004/05/2023 996,110.00 5.0833130AVKN1 304 5.593Federal Home Loan Bank1102-23 1,500,000.00 1,509,627.47 03/14/20255.71004/13/2023 1,504,468.08 5.5163130AV6Z0 622 5.279Federal Home Loan Bank1103-23 1,500,000.00 1,505,246.03 03/28/20255.37504/13/2023 1,494,848.96 5.2063130AVHB1 636 2.997Federal Home Loan Bank1107-23 1,000,000.00 1,011,230.45 03/14/20254.62504/20/2023 999,940.75 2.9563130AUZC1 622 5.500Federal Home Loan Bank1108-23 1,500,000.00 1,500,000.00 04/25/20255.50004/28/2023 1,493,739.00 5.4253130AVNT5 664 5.310Federal Home Loan Bank1109-23A 1,500,000.00 1,500,600.94 05/15/20255.30005/19/2023 1,490,549.84 5.2383130AW2L3 684 5.310Federal Home Loan Bank1109-23B 1,175,000.00 1,175,470.72 05/15/20255.30005/19/2023 1,167,597.37 5.2383130AW2L3 684 5.312Federal Home Loan Bank1111-23 1,970,000.00 1,927,351.60 12/22/20230.62505/26/2023 1,926,021.72 5.2393130AQF57 174 5.220Federal Home Loan Bank1112-23 1,450,000.00 1,419,210.87 12/22/20230.62505/26/2023 1,417,630.20 5.1483130AQF57 174 0.360Federal Home Loan Mortgage Co.0960-20 1,000,000.00 1,000,000.00 05/15/20240.36011/20/2020 955,459.00 0.3553134GXBD5 319 0.350Federal Home Loan Mortgage Co.0961-20 1,000,000.00 1,000,000.00 03/29/20240.35011/20/2020 961,161.00 0.3453134GWXC5 272 0.360Federal Home Loan Mortgage Co.1003-21 1,500,000.00 1,500,000.00 05/15/20240.36009/15/2021 1,433,188.50 0.3553134GXBD5 319 0.254Federal Home Loan Mortgage Co.1004-21 1,500,000.00 1,500,254.50 11/13/20230.30009/15/2021 1,472,863.50 0.2503134GXAY0 135 3.360Federal Home Loan Mortgage Co.1050-22 1,500,000.00 1,492,406.94 12/23/20243.00006/23/2022 1,448,175.00 3.3143134GXVF8 541 5.000Federal Home Loan Mortgage Co.1083-22 1,000,000.00 1,000,000.00 11/27/20245.00011/30/2022 991,950.00 4.9323134GY5C2 515 4.429Federal Home Loan Mortgage Co.1100-23 1,500,000.00 1,496,582.45 01/27/20253.75004/13/2023 1,473,163.00 4.3683134GXH98 576 5.348Federal Home Loan Mortgage Co.1101-23 1,500,000.00 1,514,355.83 02/28/20255.55004/13/2023 1,504,786.50 5.2753134GYL42 608 4.793Federal Home Loan Mortgage Co.1104-23 1,000,000.00 1,000,803.22 09/30/20254.75004/13/2023 984,803.28 4.7273134GX3A0 822 4.927Federal Home Loan Mortgage Co.1106-23A 1,500,000.00 1,517,910.00 02/14/20255.15004/14/2023 1,500,729.50 4.8593134GYJ29 594 4.927Federal Home Loan Mortgage Co.1106-23B 1,000,000.00 1,011,940.00 02/14/20255.15004/14/2023 1,000,486.33 4.8593134GYJ29 594 5.320Federal Home Loan Mortgage Co.1110-23A 1,500,000.00 1,520,080.31 09/15/20255.50005/19/2023 1,509,136.17 5.2473134GYLM2 807 5.320Federal Home Loan Mortgage Co.1110-23B 851,000.00 862,392.23 09/15/20255.50005/19/2023 856,183.25 5.2473134GYLM2 807 1.274Federal Nat'l Mtg. Assoc.1027-22 1,000,000.00 999,747.15 07/10/20230.25002/11/2022 999,018.00 1.2563135G05G4 9 1.990Federal Nat'l Mtg. Assoc.1033-22 3,000,000.00 2,998,717.19 07/10/20230.25004/18/2022 2,997,054.00 1.9623135G05G4 9 3.005Federal Nat'l Mtg. Assoc.1051-22A 1,500,000.00 1,499,617.82 09/12/20232.87507/14/2022 1,492,692.00 2.9643135G0U43 73 3.005Federal Nat'l Mtg. Assoc.1051-22B 1,000,000.00 999,745.22 09/12/20232.87507/14/2022 995,128.00 2.9643135G0U43 73 3.715Federal Nat'l Mtg. Assoc.1063-22 1,500,000.00 1,461,722.08 10/15/20241.62509/14/2022 1,431,075.00 3.6643135G0W66 472 4.723Federal Nat'l Mtg. Assoc.1074-22 1,000,000.00 962,493.33 10/15/20241.62511/09/2022 954,050.00 4.6583135G0W66 472 119,567,407.92 3.128116,868,681.35120,206,000.00120,208,704.71Subtotal and Average 3.171 450 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 YTM 365 Page 4 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date Federal Agency Disc. -Amortizing 4.942Federal Home Loan Bank1079-22 3,000,000.00 2,965,050.00 09/29/202311/22/2022 2,962,500.00 4.874313384MH9 90 4.919Federal Home Loan Bank1105.23 4,000,000.00 3,953,200.00 09/29/20234.68004/13/2023 3,950,000.00 4.852313384MH9 90 6,918,250.00 4.8616,912,500.007,000,000.006,905,079.17Subtotal and Average 4.929 90 Treasury Coupon Securities 0.384U.S. Treasury0982-21 6,000,000.00 6,088,278.51 05/31/20242.00004/15/2021 5,815,312.50 0.379912828XT2 335 0.663U.S. Treasury0983-21 6,000,000.00 5,953,187.21 05/31/20250.25004/15/2021 5,490,000.00 0.654912828ZT0 700 0.360U.S. Treasury0986-21A 1,500,000.00 1,533,796.02 08/15/20242.37505/14/2021 1,451,484.38 0.355912828D56 411 0.360U.S. Treasury0986-21B 1,000,000.00 1,022,530.68 08/15/20242.37505/14/2021 967,656.25 0.355912828D56 411 0.515U.S. Treasury0988-21 4,000,000.00 3,979,917.24 05/31/20250.25006/11/2021 3,660,000.00 0.508912828ZT0 700 0.275U.S. Treasury0989-21 3,000,000.00 3,047,221.11 05/31/20242.00006/11/2021 2,907,656.25 0.271912828XT2 335 0.460U.S. Treasury0990-21A 1,500,000.00 1,519,342.52 09/30/20241.50006/18/2021 1,431,093.75 0.454912828YH7 457 0.460U.S. Treasury0990-21B 1,000,000.00 1,012,895.02 09/30/20241.50006/18/2021 954,062.50 0.454912828YH7 457 0.225U.S. Treasury1000-21 1,500,000.00 1,509,880.92 09/30/20232.87509/09/2021 1,490,859.38 0.2229128285D8 91 0.342U.S. Treasury1007-21 2,000,000.00 1,999,100.89 09/15/20230.12510/15/2021 1,979,375.00 0.33791282CAK7 76 0.384U.S. Treasury1009-21 2,000,000.00 1,999,001.42 11/15/20230.25010/15/2021 1,962,812.50 0.37891282CAW1 137 0.518U.S. Treasury1010-21 6,000,000.00 6,080,889.92 05/31/20242.00010/15/2021 5,815,312.50 0.511912828XT2 335 0.785U.S. Treasury1011-21 4,000,000.00 3,959,603.95 05/31/20250.25010/15/2021 3,660,000.00 0.775912828ZT0 700 1.005U.S. Treasury1012-21 3,500,000.00 3,474,654.82 05/31/20260.75010/15/2021 3,143,437.50 0.99191282CCF6 1,065 2.641U.S. Treasury1032-22 9,000,000.00 8,532,727.28 05/31/20260.75004/14/2022 8,083,125.00 2.60591282CCF6 1,065 2.309U.S. Treasury1035-22 1,000,000.00 990,257.90 12/15/20230.12504/18/2022 977,187.50 2.27791282CBA8 167 2.361U.S. Treasury1036-22 2,000,000.00 1,984,278.03 12/31/20230.75004/18/2022 1,955,312.50 2.32891282CDR9 183 2.756U.S. Treasury1037-22 4,500,000.00 4,131,489.52 05/31/20270.50004/18/2022 3,889,687.50 2.719912828ZS2 1,430 2.381U.S. Treasury1041-22A 1,500,000.00 1,498,438.62 11/30/20232.12505/20/2022 1,480,078.13 2.348912828U57 152 2.381U.S. Treasury1041-22B 1,000,000.00 998,959.08 11/30/20232.12505/20/2022 986,718.75 2.348912828U57 152 2.510U.S. Treasury1042-22 2,000,000.00 1,990,933.69 05/31/20242.00005/23/2022 1,938,437.50 2.476912828XT2 335 4.550U.S. Treasury1066-22 1,500,000.00 1,475,615.90 11/30/20230.50010/14/2022 1,470,468.75 4.48791282CDM0 152 4.579U.S. Treasury1068-22 1,500,000.00 1,452,314.51 04/15/20240.37510/14/2022 1,441,640.63 4.51791282CBV2 289 4.320U.S. Treasury1070-22 5,000,000.00 4,661,466.73 05/15/20272.37510/14/2022 4,656,250.00 4.260912828X88 1,414 4.301U.S. Treasury1071-22 1,000,000.00 866,307.69 05/31/20270.50010/14/2022 864,375.00 4.242912828ZS2 1,430 4.738U.S. Treasury1080-22 2,000,000.00 1,975,971.34 12/31/20232.25011/22/2022 1,969,687.50 4.673912828V23 183 73,739,060.52 1.62270,442,031.2775,000,000.0075,175,029.93Subtotal and Average 1.644 633 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 YTM 365 Page 5 Par Value Book Value Stated RateMarket Value June 30, 2023 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date 2.726211,780,409.97 210,501,593.18 2.763 489202,394,859.30 208,401,590.64Total and Average Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 YTM 365 Page 6 Par Value Book Value Stated RateMarket Value June 30, 2023 Portfolio Details - Cash Average BalanceIssuer Portfolio Management Investments FY 2022-2023 Days to Maturity YTM 360CUSIPInvestment # Purchase Date 0.00 2.726211,780,409.97 210,501,593.18 2.763 489 0Average Balance 202,394,859.30 208,401,590.64Total Cash and Investments Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PM2) 7.3.11 Page 1 Par Value Stated Rate June 30, 2023 Investment Status Report - Investments Portfolio Management Book Value Maturity Date Current Principal Investments FY 2022-2023 YTM 365 YTM 360 Payment DatesCUSIPInvestment #Issuer Purchase Date Accrued Interest At Purchase Money Market FIB4531558874 295,593.18 295,593.180.300SYS4531558874B 10/01 - Monthly 295,593.180.3000.296 295,593.18Money Market Totals 295,593.180.000.296295,593.18 0.300 Passbook/Checking Accounts WF6952311634B 0.00 0.000.150SYS6952311634B 08/01 - Monthly 0.000.1500.148 0.00Passbook/Checking Accounts Totals 0.000.000.0000.00 0.000 Commercial Paper Disc. -Amortizing ANGLES1092-23 1,500,000.00 1,488,289.585.110 08/25/20230347M3VR2 08/25 - At Maturity02/27/2023 1,461,887.925.3165.243 CACPNY1091-23 1,000,000.00 983,699.444.810 10/31/202322533UXX6 10/31 - At Maturity02/14/2023 965,394.725.0785.008 CACPNY1099-23 1,500,000.00 1,462,140.845.020 12/29/202322533UZV8 12/29 - At Maturity04/13/2023 1,445,616.675.3405.267 MUFGBK1090-23 1,000,000.00 993,950.004.840 08/15/202362479MVF7 08/15 - At Maturity02/14/2023 975,531.115.0304.961 MUFGBK1095-23 1,500,000.00 1,478,463.334.970 10/13/202362479MXD0 10/13 - At Maturity03/29/2023 1,458,997.505.2865.214 MUFGBK1096-23 1,500,000.00 1,474,735.834.970 10/31/202362479MXX6 10/31 - At Maturity03/29/2023 1,455,270.005.2895.216 7,881,279.02Commercial Paper Disc. -Amortizing Totals 7,762,697.920.005.1728,000,000.00 5.244 Federal Agency Coupon Securities FAMCA0962-20 1,000,000.00 1,000,000.000.600 11/20/202531422B3F5 05/20 - 11/2011/20/2020 1,000,000.000.6000.592 FAMCA1113-22B 900,000.00 900,280.005.600 06/26/202531422X4H2 12/26 - 06/26 280.0006/28/2023 900,000.005.6005.523 FAMCA1113-23A 1,400,000.00 1,400,435.565.600 06/26/202531422X4H2 12/26 - 06/26 435.5606/28/2023 1,400,000.005.6005.523 FFCB0977-21A 1,000,000.00 999,446.240.300 11/12/20243133EMQQ8 05/12 - 11/12 Received03/02/2021 998,500.000.3410.336 FFCB0977-21B 1,500,000.00 1,499,169.360.300 11/12/20243133EMQQ8 05/12 - 11/12 Received03/02/2021 1,497,750.000.3410.336 FFCB1008-21 2,000,000.00 1,999,464.710.270 10/12/20233133ENAU4 04/12 - 10/12 Received10/15/2021 1,996,200.000.3660.361 FFCB1040-22A 1,500,000.00 1,487,598.151.040 01/25/20243133ENLY4 07/25 - 01/25 Received05/20/2022 1,463,220.002.5392.504 FFCB1040-22B 1,000,000.00 991,732.101.040 01/25/20243133ENLY4 07/25 - 01/25 Received05/20/2022 975,480.002.5392.504 FFCB1045-22A 1,500,000.00 1,485,391.302.800 11/25/20253133ENXQ8 11/25 - 05/25 Received06/13/2022 1,479,000.003.2323.188 FFCB1045-22B 1,000,000.00 990,260.872.800 11/25/20253133ENXQ8 11/25 - 05/25 Received06/13/2022 986,000.003.2323.188 FFCB1058-22 1,000,000.00 998,015.983.375 08/26/20243133ENJ84 02/26 - 08/26 Received09/09/2022 996,620.003.5543.505 FFCB1059-22 1,000,000.00 999,253.603.500 09/13/20243133ENL40 03/13 - 09/1309/13/2022 998,756.003.5653.516 FFCB1069-22 2,500,000.00 2,232,378.930.660 05/27/20263133EMHH8 11/27 - 05/27 Received10/14/2022 2,166,625.004.7104.646 FFCB1084-22 1,500,000.00 1,481,396.453.500 09/13/20243133ENL40 03/13 - 09/13 Received11/30/2022 1,472,310.004.5854.523 FFCB1089-23A 1,500,000.00 1,500,000.004.875 01/10/20243133EN5M8 07/10 - 01/1001/10/2023 1,500,000.004.8754.808 FFCB1089-23B 1,000,000.00 1,000,000.004.875 01/10/20243133EN5M8 07/10 - 01/1001/10/2023 1,000,000.004.8754.808 FHLB0975-21 1,000,000.00 998,155.430.650 02/17/20263130AL4V3 08/17 - 02/17 Received02/22/2021 996,500.000.5810.573 FHLB0978-21 1,000,000.00 993,346.550.580 02/11/20263130AKXB7 08/11 - 02/11 Received03/15/2021 987,500.000.8410.829 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PMS) 7.3.11 Report Ver. 7.3.11 Page 2 Par Value Stated Rate June 30, 2023 Investment Status Report - Investments Portfolio Management Book Value Maturity Date Current Principal Investments FY 2022-2023 YTM 365 YTM 360 Payment DatesCUSIPInvestment #Issuer Purchase Date Accrued Interest At Purchase Federal Agency Coupon Securities FHLB0979-21A 1,500,000.00 1,499,893.970.375 03/15/20243130ALKS2 09/15 - 03/15 Received03/17/2021 1,499,550.000.3850.380 FHLB0979-21B 1,000,000.00 999,929.310.375 03/15/20243130ALKS2 09/15 - 03/15 Received03/17/2021 999,700.000.3850.380 FHLB0980-21 2,650,000.00 2,648,375.701.500 04/14/20263130ALVT8 10/14 - 04/1404/14/2021 2,647,085.001.1161.101 FHLB0984-21A 1,500,000.00 1,500,000.000.450 07/15/20243130ALTV6 07/15 - 01/15 Received04/20/2021 1,500,000.000.4500.444 FHLB0984-21B 1,000,000.00 1,000,000.000.450 07/15/20243130ALTV6 07/15 - 01/15 Received04/20/2021 1,000,000.000.4500.444 FHLB0985-21A 1,500,000.00 1,499,876.180.450 07/26/20243130ALVQ4 10/26 - 04/26 Received04/30/2021 1,499,625.000.4580.452 FHLB0985-21B 1,000,000.00 999,917.450.450 07/26/20243130ALVQ4 10/26 - 04/26 Received04/30/2021 999,750.000.4580.452 FHLB0991-21A 1,500,000.00 1,498,508.360.330 06/28/20243130AMV66 12/28 - 06/28 Received07/01/2021 1,495,500.000.4310.425 FHLB0991-21B 1,000,000.00 999,005.570.330 06/28/20243130AMV66 12/28 - 06/28 Received07/01/2021 997,000.000.4310.425 FHLB0992-21 1,500,000.00 1,500,000.000.510 08/30/20243130AMZQ8 12/30 - 06/30 Received07/01/2021 1,500,000.000.5100.503 FHLB0994-21 2,000,000.00 2,000,000.000.600 05/28/20253130ANKM1 02/28 - 08/28 Received09/03/2021 2,000,000.000.6000.592 FHLB1001-21 1,000,000.00 999,878.720.125 08/28/20233130ANYM6 02/28 - 08/28 Received09/13/2021 998,500.000.2020.199 FHLB1002-21 1,000,000.00 999,600.000.375 09/13/20243130ANR28 03/13 - 09/13 Received09/13/2021 999,000.000.4090.403 FHLB1013-21A 1,500,000.00 1,500,000.000.650 09/29/20233130AQ7J6 03/29 - 09/2912/29/2021 1,500,000.000.6500.641 FHLB1013-21B 1,000,000.00 1,000,000.000.650 09/29/20233130AQ7J6 03/29 - 09/2912/29/2021 1,000,000.000.6500.641 FHLB1016-21 1,000,000.00 1,000,000.000.780 12/29/20233130AQ7K3 06/29 - 12/2912/29/2021 1,000,000.000.7800.769 FHLB1038-22 1,500,000.00 1,494,778.850.125 08/28/20233130ANYM6 08/28 - 02/28 Received05/09/2022 1,457,040.002.3702.338 FHLB1043-22 1,500,000.00 1,500,000.002.875 06/14/20243130AS6D6 12/14 - 06/1406/14/2022 1,500,000.002.8752.836 FHLB1044-22 1,500,000.00 1,492,861.102.125 02/28/20243130ARHG9 08/28 - 02/28 Received06/13/2022 1,481,475.002.8702.831 FHLB1052-22A 1,500,000.00 1,494,999.142.500 02/13/20243130AFW94 08/13 - 02/13 Received07/15/2022 1,487,205.003.0573.015 FHLB1052-22B 1,000,000.00 996,666.092.500 02/13/20243130AFW94 08/13 - 02/13 Received07/15/2022 991,470.003.0573.015 FHLB1055-22 1,000,000.00 999,488.063.125 06/14/20243130ASHK8 12/14 - 06/14 Received08/04/2022 999,000.003.1803.136 FHLB1056-22 1,810,000.00 1,747,089.660.625 11/27/20243130AMNR9 11/28 - 05/28 Received08/05/2022 1,706,558.503.2103.166 FHLB1057-22A 1,500,000.00 1,453,667.841.100 01/13/20253130AQGT4 01/13 - 07/13 Received08/05/2022 1,426,305.013.2103.166 FHLB1057-22B 1,000,000.00 969,111.891.100 01/13/20253130AQGT4 01/13 - 07/13 Received08/05/2022 950,870.003.2103.166 FHLB1060-22 1,500,000.00 1,486,435.833.250 06/06/20253130AS6N4 12/06 - 06/06 Received09/13/2022 1,480,815.003.7463.694 FHLB1061-22 1,500,000.00 1,499,452.824.130 08/28/20253130ASZD4 02/28 - 08/28 Received09/13/2022 1,499,250.004.1484.091 FHLB1062-22 1,500,000.00 1,500,000.004.000 09/29/20253130AT7A9 03/29 - 09/2909/29/2022 1,500,000.004.0003.945 FHLB1064-22 1,500,000.00 1,481,133.472.750 12/13/20243130A3GE8 12/13 - 06/13 Received09/14/2022 1,470,760.503.6603.610 FHLB1067-22 1,500,000.00 1,487,552.553.375 03/08/20243130AT3H8 03/08 - 09/08 Received10/14/2022 1,474,601.164.6344.571 FHLB1073-22 1,000,000.00 982,833.922.125 02/28/20243130ARHG9 02/28 - 08/28 Received11/09/2022 966,030.004.8454.778 FHLB1081-22 2,000,000.00 1,994,254.334.375 03/08/20243130ATKJ5 03/08 - 09/08 Received11/22/2022 1,989,160.004.8104.744 FHLB1082-22 1,000,000.00 1,000,000.005.125 05/28/20243130ATYD3 05/28 - 11/2811/30/2022 1,000,000.005.1255.055 FHLB1085-22 1,000,000.00 974,661.992.750 12/13/20243130A3GE8 12/13 - 06/13 Received11/30/2022 964,420.004.6004.537 FHLB1086-22 1,500,000.00 1,499,610.924.750 12/12/20233130AU6T6 06/12 - 12/1212/12/2022 1,499,130.004.8104.744 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PMS) 7.3.11 Page 3 Par Value Stated Rate June 30, 2023 Investment Status Report - Investments Portfolio Management Book Value Maturity Date Current Principal Investments FY 2022-2023 YTM 365 YTM 360 Payment DatesCUSIPInvestment #Issuer Purchase Date Accrued Interest At Purchase Federal Agency Coupon Securities FHLB1087-22 1,000,000.00 1,000,863.834.750 04/15/20243130AU6P4 04/15 - 10/1512/15/2022 1,001,460.004.6404.577 FHLB1088-22A 1,500,000.00 1,500,000.004.781 07/27/20233130AUC44 01/27 - 07/2712/30/2022 1,500,000.004.7874.722 FHLB1088-22B 1,000,000.00 1,000,000.004.781 07/27/20233130AUC44 01/27 - 07/2712/30/2022 1,000,000.004.7874.722 FHLB1093-23A 1,500,000.00 1,513,877.285.125 07/28/20253130AUNY6 07/28 - 01/28 12,171.8803/27/2023 1,501,920.005.0634.994 FHLB1093-23B 1,000,000.00 1,009,251.515.125 07/28/20253130AUNY6 07/28 - 01/28 8,114.5803/27/2023 1,001,280.005.0634.994 FHLB1094-23 1,000,000.00 1,000,000.005.350 12/30/20243130AVJ60 06/30 - 12/3003/30/2023 1,000,000.005.3555.282 FHLB1097-23A 1,500,000.00 1,500,000.005.500 03/28/20253130AVHN5 09/28 - 03/2803/30/2023 1,500,000.005.5005.425 FHLB1097-23B 1,000,000.00 1,000,000.005.500 03/28/20253130AVHN5 09/28 - 03/2803/30/2023 1,000,000.005.5005.425 FHLB1098-23A 1,500,000.00 1,500,000.005.150 04/30/20243130AVKN1 10/05 - 04/0504/05/2023 1,500,000.005.1545.083 FHLB1098-23B 1,000,000.00 1,000,000.005.150 04/30/20243130AVKN1 10/05 - 04/0504/05/2023 1,000,000.005.1545.083 FHLB1102-23 1,500,000.00 1,509,627.475.710 03/14/20253130AV6Z0 09/14 - 03/14 6,899.5804/13/2023 1,503,075.005.5935.516 FHLB1103-23 1,500,000.00 1,505,246.035.375 03/28/20253130AVHB1 09/28 - 03/28 2,911.4604/13/2023 1,502,625.005.2795.206 FHLB1107-23 1,000,000.00 1,011,230.454.625 03/14/20253130AUZC1 09/14 - 03/14 8,093.7504/20/2023 1,003,500.002.9972.956 FHLB1108-23 1,500,000.00 1,500,000.005.500 04/25/20253130AVNT5 10/25 - 04/2504/28/2023 1,500,000.005.5005.425 FHLB1109-23A 1,500,000.00 1,500,600.945.300 05/15/20253130AW2L3 11/15 - 05/15 883.3405/19/2023 1,499,700.005.3105.238 FHLB1109-23B 1,175,000.00 1,175,470.725.300 05/15/20253130AW2L3 11/15 - 05/15 691.9405/19/2023 1,174,765.005.3105.238 FHLB1111-23 1,970,000.00 1,927,351.600.625 12/22/20233130AQF57 06/22 - 12/22 Received05/26/2023 1,918,622.405.3125.239 FHLB1112-23 1,450,000.00 1,419,210.870.625 12/22/20233130AQF57 06/22 - 12/22 Received05/26/2023 1,412,909.005.2205.148 FHLMC0960-20 1,000,000.00 1,000,000.000.360 05/15/20243134GXBD5 05/15 - 11/15 Received11/20/2020 1,000,000.000.3600.355 FHLMC0961-20 1,000,000.00 1,000,000.000.350 03/29/20243134GWXC5 03/29 - 09/29 Received11/20/2020 1,000,000.000.3500.345 FHLMC1003-21 1,500,000.00 1,500,000.000.360 05/15/20243134GXBD5 11/15 - 05/15 Received09/15/2021 1,500,000.000.3600.355 FHLMC1004-21 1,500,000.00 1,500,254.500.300 11/13/20233134GXAY0 11/13 - 05/13 Received09/15/2021 1,501,500.000.2540.250 FHLMC1050-22 1,500,000.00 1,492,406.943.000 12/23/20243134GXVF8 12/23 - 06/2306/23/2022 1,487,154.603.3603.314 FHLMC1083-22 1,000,000.00 1,000,000.005.000 11/27/20243134GY5C2 05/27 - 11/2711/30/2022 1,000,000.005.0004.932 FHLMC1100-23 1,500,000.00 1,496,582.453.750 01/27/20253134GXH98 07/27 - 01/27 11,875.0004/13/2023 1,482,600.004.4294.368 FHLMC1101-23 1,500,000.00 1,514,355.835.550 02/28/20253134GYL42 09/01 - 03/01 9,712.5004/13/2023 1,505,250.005.3485.275 FHLMC1104-23 1,000,000.00 1,000,803.224.750 09/30/20253134GX3A0 09/30 - 03/30 1,715.2804/13/2023 999,000.004.7934.727 FHLMC1106-23A 1,500,000.00 1,517,910.005.150 02/14/20253134GYJ29 08/14 - 02/14 12,875.0004/14/2023 1,505,700.004.9274.859 FHLMC1106-23B 1,000,000.00 1,011,940.005.150 02/14/20253134GYJ29 08/14 - 02/14 8,583.3304/14/2023 1,003,800.004.9274.859 FHLMC1110-23A 1,500,000.00 1,520,080.315.500 09/15/20253134GYLM2 09/15 - 03/15 14,666.6705/19/2023 1,505,700.005.3205.247 FHLMC1110-23B 851,000.00 862,392.235.500 09/15/20253134GYLM2 09/15 - 03/15 8,320.8905/19/2023 854,233.805.3205.247 FNMA1027-22 1,000,000.00 999,747.150.250 07/10/20233135G05G4 07/10 - 01/10 Received02/11/2022 985,700.001.2741.256 FNMA1033-22 3,000,000.00 2,998,717.190.250 07/10/20233135G05G4 07/10 - 01/10 Received04/18/2022 2,937,000.001.9901.962 FNMA1051-22A 1,500,000.00 1,499,617.822.875 09/12/20233135G0U43 09/12 - 03/12 Received07/14/2022 1,497,750.003.0052.964 FNMA1051-22B 1,000,000.00 999,745.222.875 09/12/20233135G0U43 09/12 - 03/12 Received07/14/2022 998,500.003.0052.964 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PMS) 7.3.11 Page 4 Par Value Stated Rate June 30, 2023 Investment Status Report - Investments Portfolio Management Book Value Maturity Date Current Principal Investments FY 2022-2023 YTM 365 YTM 360 Payment DatesCUSIPInvestment #Issuer Purchase Date Accrued Interest At Purchase Federal Agency Coupon Securities FNMA1063-22 1,500,000.00 1,461,722.081.625 10/15/20243135G0W66 10/15 - 04/15 Received09/14/2022 1,438,045.863.7153.664 FNMA1074-22 1,000,000.00 962,493.331.625 10/15/20243135G0W66 04/15 - 10/15 Received11/09/2022 943,740.004.7234.658 119,567,407.92Federal Agency Coupon Securities Totals 118,959,791.83108,230.763.128120,206,000.00 3.171 Federal Agency Disc. -Amortizing FHLB1079-22 3,000,000.00 2,965,050.0009/29/2023313384MH9 09/29 - At Maturity11/22/2022 2,879,228.334.9424.874 FHLB1105.23 4,000,000.00 3,953,200.004.680 09/29/2023313384MH9 09/29 - At Maturity04/13/2023 3,912,120.004.9194.852 6,918,250.00Federal Agency Disc. -Amortizing Totals 6,791,348.330.004.8617,000,000.00 4.929 Treasury Coupon Securities US TRE0982-21 6,000,000.00 6,088,278.512.000 05/31/2024912828XT2 05/31 - 11/30 Received04/15/2021 6,300,937.500.3840.379 US TRE0983-21 6,000,000.00 5,953,187.210.250 05/31/2025912828ZT0 05/31 - 11/30 Received04/15/2021 5,899,218.750.6630.654 US TRE0986-21A 1,500,000.00 1,533,796.022.375 08/15/2024912828D56 08/15 - 02/15 Received05/14/2021 1,597,770.000.3600.355 US TRE0986-21B 1,000,000.00 1,022,530.682.375 08/15/2024912828D56 08/15 - 02/15 Received05/14/2021 1,065,180.000.3600.355 US TRE0988-21 4,000,000.00 3,979,917.240.250 05/31/2025912828ZT0 11/30 - 05/31 Received06/11/2021 3,958,400.000.5150.508 US TRE0989-21 3,000,000.00 3,047,221.112.000 05/31/2024912828XT2 11/30 - 05/31 Received06/11/2021 3,152,940.000.2750.271 US TRE0990-21A 1,500,000.00 1,519,342.521.500 09/30/2024912828YH7 09/30 - 03/31 Received06/18/2021 1,550,790.000.4600.454 US TRE0990-21B 1,000,000.00 1,012,895.021.500 09/30/2024912828YH7 09/30 - 03/31 Received06/18/2021 1,033,860.000.4600.454 US TRE1000-21 1,500,000.00 1,509,880.922.875 09/30/20239128285D8 09/30 - 03/31 Received09/09/2021 1,581,544.760.2250.222 US TRE1007-21 2,000,000.00 1,999,100.890.125 09/15/202391282CAK7 03/15 - 09/15 Received10/15/2021 1,991,718.750.3420.337 US TRE1009-21 2,000,000.00 1,999,001.420.250 11/15/202391282CAW1 11/15 - 05/15 Received10/15/2021 1,994,453.130.3840.378 US TRE1010-21 6,000,000.00 6,080,889.922.000 05/31/2024912828XT2 11/30 - 05/31 Received10/15/2021 6,231,562.500.5180.511 US TRE1011-21 4,000,000.00 3,959,603.950.250 05/31/2025912828ZT0 11/30 - 05/31 Received10/15/2021 3,923,593.750.7850.775 US TRE1012-21 3,500,000.00 3,474,654.820.750 05/31/202691282CCF6 11/30 - 05/31 Received10/15/2021 3,459,804.691.0050.991 US TRE1032-22 9,000,000.00 8,532,727.280.750 05/31/202691282CCF6 05/31 - 11/30 Received04/14/2022 8,338,359.382.6412.605 US TRE1035-22 1,000,000.00 990,257.900.125 12/15/202391282CBA8 06/15 - 12/15 Received04/18/2022 964,648.442.3092.277 US TRE1036-22 2,000,000.00 1,984,278.030.750 12/31/202391282CDR9 06/30 - 12/31 Received04/18/2022 1,946,562.502.3612.328 US TRE1037-22 4,500,000.00 4,131,489.520.500 05/31/2027912828ZS2 05/31 - 11/30 Received04/18/2022 4,018,359.382.7562.719 US TRE1041-22A 1,500,000.00 1,498,438.622.125 11/30/2023912828U57 05/31 - 11/30 Received05/20/2022 1,494,257.812.3812.348 US TRE1041-22B 1,000,000.00 998,959.082.125 11/30/2023912828U57 05/31 - 11/30 Received05/20/2022 996,171.872.3812.348 US TRE1042-22 2,000,000.00 1,990,933.692.000 05/31/2024912828XT2 05/31 - 11/30 Received05/23/2022 1,980,000.002.5102.476 US TRE1066-22 1,500,000.00 1,475,615.900.500 11/30/202391282CDM0 11/30 - 05/31 Received10/14/2022 1,433,906.254.5504.487 US TRE1068-22 1,500,000.00 1,452,314.510.375 04/15/202491282CBV2 10/15 - 04/15 Received10/14/2022 1,409,414.064.5794.517 US TRE1070-22 5,000,000.00 4,661,466.732.375 05/15/2027912828X88 11/15 - 05/15 Received10/14/2022 4,599,218.754.3204.260 US TRE1071-22 1,000,000.00 866,307.690.500 05/31/2027912828ZS2 11/30 - 05/31 Received10/14/2022 842,000.004.3014.242 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PMS) 7.3.11 Page 5 Par Value Stated Rate June 30, 2023 Investment Status Report - Investments Portfolio Management Book Value Maturity Date Current Principal Investments FY 2022-2023 YTM 365 YTM 360 Payment DatesCUSIPInvestment #Issuer Purchase Date Accrued Interest At Purchase Treasury Coupon Securities US TRE1080-22 2,000,000.00 1,975,971.342.250 12/31/2023912828V23 12/31 - 06/30 Received11/22/2022 1,946,953.134.7384.673 73,739,060.52Treasury Coupon Securities Totals 73,711,625.400.001.62275,000,000.00 1.644 208,401,590.64Investment Totals 207,521,056.66108,230.76210,501,593.18 2.726 2.763 Portfolio 2023 AC Run Date: 07/07/2023 - 10:26 PM (PRF_PMS) 7.3.11 For Fiscal Year Ending June 30, 2023 0.14% 52.15% 47.71% Portfolio by Asset Class Cash and Equivalents Long Term Short Term For Fiscal Year Ending June 30, 2023 0.71%1.19% 1.57% 8.55% 38.27%7.77% 0.14%4.28% 1.90% 35.63% Par Value by Issuer Graph ANGLES CACPNY FAMCA FFCB FHLB FHLMC FIB FNMA MUFGBK UST For Fiscal Year Ending June 30, 2023 0.14% 3.78% 57.37% 3.32% 35.38% Book Value By Investment Type Money Market Commercial Paper Federal Agency Coupon Securities Federal Agency Discounts Treasury Coupon Securities For Fiscal Year Ending June 30, 2023 0.00 1.00 2.00 3.00 4.00 5.00 6.00 Investment Yield by Type ITEM #: 6 DATE: 07-18-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: COUNCIL APPOINTMENT TO IOWAY CREEK AND HEADWATERS OF THE SOUTH SKUNK WATERSHED MANAGEMENT AUTHORITIES BACKGROUND: Tim Gartin has served as the City Council appointee on the Ioway Creek and the Headwaters of the South Skunk Watershed Management Authorities (WMA’s) since January 1, 2022. On July 11, 2023, City Council voted “to designate a City staff member to serve in lieu of the appointed member of the City Council for the Ioway Creek Watershed Management Authority and Headwaters of the South Skunk Watershed Management Authority.” Tracy Peterson, Municipal Engineer, has served each of the WMA’s in a technical capacity for many years. Therefore, it is recommended that she be appointed as the City of Ames representative on both WMA’s. ALTERNATIVES: 1. a. Approve the appointment of Tracy Peterson, Municipal Engineer, to the Headwaters of the South Skunk Watershed Management Authority with the term effective as of July 1, 2023. b. Approve the appointment of Tracy Peterson, Municipal Engineer, to the Ioway Creek Watershed Management Authority with the term effective as of July 1, 2023. 2. Name a different appointee to one or both WMA’s. CITY MANAGER’S RECOMMENDED ACTION: Tracy has been involved in a technical capacity on both WMA’s and has an excellent understanding of the mission of each organization. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. COUNCIL ACTION FORM SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO SIGN “CERTIFICATION OF LOCAL GOVERNMENT APPROVAL” ON BEHALF OF LOCAL NONPROFIT ORGANIZATIONS APPLYING FOR EMERGENCY SHELTER GRANT (ESG) FUNDS. BACKGROUND: In order for three local non-profit agencies, Assault Care Center Extending Shelter and Support (ACCESS), The Bridge Home (TBH), and Youth and Shelter Services (YSS), to apply for funding under the Federal Emergency Shelter Grant (ESG) Program, they are required to submit a “Certification of Local Government Approval” from the City of Ames. If they are awarded funding through this program, the certification allows these non -profit agencies to receive these federal funds directly through the State of Iowa’s Iowa Finance Authority (IFA). Additionally, these certifications confirm that local governments are electing to have IFA administer these grant funds on behalf of the non -profit organizations, rather than the City. For the calendar year beginning January 1, 2024. The attached “Certifications of Local Government Approval” for all three agencies must be submitted with their applications to IFA on or before July 25, 2023. ALTERNATIVES: 1. The City Council can authorize the Mayor to sign the Certifications of Local Government Approval on behalf of ACCESS, TBH, and YSS. 2. The City Council can choose not to authorize the Mayor to sign the Certifications of Local Government Approval on behalf of ACCESS, TBH, & YSS . CITY MANAGER'S RECOMMENDED ACTION: Receiving ESG grant funds administered through the Iowa Finance Authority is very important in helping these agencies provide much-needed services and financial support for homeless individuals and families fleeing domestic violence, facing and experiencing homelessness, and for homeless youth in our community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. ITEM #: 7 DATE: 07-18-23 DEPT: P&H 1 ITEM #: 8 DATE: 07-18-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: OCTAGON ART FESTIVAL REQUESTS BACKGROUND: The Octagon Center for the Arts plans to host the Octagon Art Festival in downtown Ames on Sunday, September 24, 2023. The event is scheduled to begin at 10:00 a.m. and conclude at 4:00 p.m. Booths selling art works, crafts, and food items will be in operation that day. To facilitate this event, the following items are requested: 1. Closure of the following streets, from 5:00 a.m. to 6:00 p.m.: a. Main Street, east of Clark (not blocking Wells Fargo Driveway) to just west of Duff Avenue (allowing traffic to access parking lot behind businesses) b. Douglas Avenue, 5th Street to Main Street c. Kellogg Avenue, south of the alley to Main Street d. Burnett Avenue, south of the alley to Main Street 2. Waiver of costs for electricity during the event (estimated at $10) 3. Approval of a Blanket Temporary Obstruction Permit for the Central Business District 4. Approval of a Blanket Vending License for the duration of the event 5. Waiver of fee for Blanket Vending License ($50) Insurance coverage for the event has been provided by The Octagon Center for the Arts. Notification signs will be placed on parking meters on Saturday evening after 6:00 p.m. Since the event occurs on a Sunday, there is no potential loss of parking meter revenue. Public Works will provide the necessary barricades for the street closures. A noise permit will be obtained through the Police Department. Ames Main Street has been informed of the Art Festival and is in support of it. Additionally, Octagon staff has contacted affected businesses door-to-door. Signatures confirming the notification have been obtained from nearly all affected businesses. Fewer businesses are open in the downtown area on Sundays compared to other days of the week. 2 ALTERNATIVES: 1. Approve the requests from The Octagon Center for the Arts for the Art Festival on September 24, 2023, including: closure of various streets from 5:00 a.m. to 6:00 p.m., blanket Vending License and waiver of fee for Vending License, Blanket Temporary Obstruction Permit for sidewalks adjacent to closed streets, and waiver of costs for electricity during the event. 2. Approve the requests but require payment for the Blanket Vending License and reimbursement for electricity use. 3. Deny these requests. CITY MANAGER'S RECOMMENDED ACTION: This is the 52nd year that the Octagon has held the Art Festival. There will be more than one hundred artists on hand with unique, hand-crafted artwork for sale, live entertainment, and local food vendors. No admission is charged, and Festival organizers expect 10,000 people to attend. Ames Main Street has expressed its full support of the event. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 3 4 5 1 ITEM #: 9 DATE: 07-18-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FOR ECOFAIR 2023 BACKGROUND: City staff is planning to host the 2023 EcoFair from 9:00 a.m. to 1:00 pm. on Saturday, September 30, 2023. This year’s event will host vendors focused to educate citizens of all ages about sustainability, water quality, water conservation, energy conversation, environmental, and climate change. In addition to the traditional arrangements for EcoFair, staff is planning to host food trucks. To facilitate this event, City staff has requested the following:  Closure of Fifth Street from Pearle Avenue to Clark Avenue from 7:00 a.m. to 2:00 p.m. on Saturday, September 30, 2023  A blanket Temporary Obstruction Permit  A blanket Vending License and waiver of fee ($50 loss to City Clerk’s Office)  Closure of 35 metered parking spaces along Fifth Street from 7:00 a.m. to 2:00 p.m. on Saturday, September 30, 2023, and waiver of fees (Estimated loss to Parking Fund of $43.75) Staff plans to notify affected businesses along Fifth Street by distributing postcards. ALTERNATIVES: 1. Approve the requests for EcoFair on Saturday, September 30, 2023, as outlined above. 2. Approve the requests but require the event budget to be used to reimburse the lost revenues for the Vending License and parking waiver. 3. Do not approve the requests. CITY MANAGER’S RECOMMENDED ACTION: EcoFair is an annual event that connects the Ames Community with City Staff and sustainability experts who provide a range of resources focused on reducing energy consumption and water, land, and resource conservation. The EcoFair furthers the City Council’s Goal to expand Sustainability Efforts. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2 3 4 1 ITEM#: 10 DATE: 07-18-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: ELECTRIC SERVICES UNDERGROUND TRENCHING - CONTRACT RENEWAL BACKGROUND: This contract consists of a contractor furnishing all equipment, tools, labor, and materials not supplied by Electric Services for excavating, trenching, directional boring, and backfilling for installation of conduits, ground sleeves, box pads, vaults, handholes, and other appurtenances. This work consists of emergency service, as well as regularly planned repairs and services. To ensure availability of contractors, Electric Services contracts with a primary trenching contractor and a secondary trenching contractor. The secondary contractor is utilized when the primary contractor is unavailable. On June 25, 2019, City Council awarded the primary contract to Ames Trenching & Excavating, Ames, IA, and the secondary contract to Zoske Electrical Services, Inc., Des Moines, IA. These contracts contained the option to renew for four additional one- year periods. The period ending June 30, 2024, is the fourth renewal period, subject to Council approval of funding for the Underground Trenching Contract. The contract includes a rate provision which increases rates at fixed percentages above the previous fiscal year contracted rates at time of renewal. For the primary contract with Ames Trenching & Excavating, the fixed rates for FY 2023/24 include a labor increase of 5% and no increases for equipment and tools. For the secondary contract with Zoske Electrical Services, Inc., the fixed rates for FY 2023/24 include a labor increase of 3% and no increases for equipment and tools. A comparison of FY 2022/23 rates and proposed FY 2023/24 rates is shown on Attachment 1. Staff recommends renewal of the contract with Ames Trenching & Excavating and Zoske Electrical Services. The benefits of having contracts for these services include: 1) Consistency of work and quality from a single contractor. 2) Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. 3) Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. 4) Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. 2 The total amount to be renewed for these contracts will be a time and materials cost not to exceed $500,000. The approved FY 2023/24 operating budget for Underground System Improvements contains $600,000. Trenching and excavation services are included in this amount. The trenching and excavation services covered by this contract would also be used for the relocation of Electric Services facilities to clear sites for Public Works roadway improvement projects. Funds have been designated in various CIP projects for those relocation activities. ALTERNATIVES: 1. Approve the contract renewal for underground trenching for FY 2023/24: a. Approve the primary contract renewal with Ames Trenching & Excavating, Ames, IA, for the Underground Trenching Contract for Electric Services through June 30, 2024, in an amount not-to-exceed $400,000. b. Approve a Performance Bond with Ames Trenching & Excavating, Ames, IA in the amount of $400,000. c. Approve the secondary contract renewal with Zoske Electrical Services, Inc., Des Moines, IA, for the Underground Trenching Contract for Electric Services through June 30, 2024, in an amount not-to-exceed $100,000. d. Approve a Performance Bond with Zoske Electrical Services, Inc., Des Moines, IA in the amount of $100,000. 2. Do not renew these contracts and instruct staff to obtain trenching services on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: These services are necessary to provide trenching and excavation for new construction, maintenance, and emergency repair activities for Electric Services. These contracts establish rates and provide for guaranteed availability, thereby helping to control costs. Having two contractors under contract allows the City to assign work to the secondary contractor if the primary contractor is busy and is unable to meet required project deadlines. This should reduce delays to project schedules. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM #: 11 DATE: 07-18-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: OUTAGE MANAGEMENT SYSTEM FOR ELECTRIC SERVICES BACKGROUND: The Electric Services Department uses a computerized Outage Management System (OMS) designed and maintained by Milsoft Utility Solutions, Abilene, TX. The OMS is used to handle electric outage calls, pinpoint system problems, aid in crew dispatch, and—a recent addition—communicate via text messaging with Electric Services customers. It is crucial to have an up -to-date system to assure quick, reliable response to customer outages and other customer concerns. This software was originally purchased in 2011 and has been a critical asset to the department and to all the Electric Services customers with improved response times to power outages and system reliability. The purchase order amount of $58,826.46 (inclusive of Iowa sales tax) provides for support of the software through June 30, 2024. This software is proprietary, and the support can only be provided by Milsoft Utility Solutions, the original software creator. The FY 2023/24 Electric Distribution budget includes $150,000 for software maintenance, which is available for this contract. ALTERNATIVES: 1. Award a contract for support services for Computerized Outage Management System to Milsoft Utility Solutions, Abilene, TX in the amount of $58,826.46 (inclusive of Iowa sales tax). 2. Do not approve the contract. CITY MANAGER’S RECOMMENDED ACTION: It is critical for Electric Services staff to have an up-to-date system to assure quick reliable response to customer outages and other customer concerns. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM: 12 DATE: 07-18-23 DEPT: Electric COUNCIL ACTION FORM SUBJECT: UNIT 8 ELECTROSTATIC PRECIPITATOR INSULATION & LAGGING – CHANGE ORDER #1 BACKGROUND: The Power Plant’s two gas-fired boilers use electrostatic precipitators (ESPs) to remove particulate matter from the exhaust gas. The ESPs are susceptible to corrosion from flue gases and the outdoor environment, and therefore require periodic maintenance. The Capital Improvements Plan includes a project for Power Plant Unit 8 Precipitator Insulation and Lagging. The FY 2022/23 budget includes $2,000,000 for engineering and construction. On January 25, 2023, City Council awarded a contract to Incorp Industries, LLC for the Unit 8 Electrostatic Precipitator Insulation & Lagging project in the amount of $1,603,640. This project is to replace the lagging and insulation on the entire Electrostatic Precipitator. As the lagging was being replaced, it was observed that there are several areas on the inlet and outlet duct that also need to be replaced because of deterioration. The replacement of the lagging and insulation on the inlet and outlet ducts were not included in the original scope. This proposed Change Order No. 1 for $226,500 (inclusive of sales tax) is to remove and replace insulation and lagging on the inlet and outlet ducts. The Capital Improvements Plan includes a project for Power Plant Unit 8 Precipitator Insulation and lagging. The FY 2022/23 budget includes $2,000,000 for engineering and construction. BUDGET: Project Expenses: Engineering/Design $ 74,300 Construction Contract $ 1,603,640 Proposed Change Order #1 $ 226,500 Total Project Expense $ 1,904,440 Funding Sources: FY 2020/21 CIP $ 1,000,000 FY 2022/23 CIP $ 1,000,000 Total Authorized Budget $ 2,000,000 2 ALTERNATIVES: 1. Award Change Order No.1 to Incorp Industries, LLC of Evansville, IN for $226,500 (inclusive of sales tax) for extra work on the Unit 8 Electrostatic Precipitator Insulation and Lagging Project. 2. Do not approve the requested change order. CITY MANAGER’S RECOMMENDED ACTION: This work is necessary to repair damaged pieces and provide adequate insulation and protection. The work is a planned project in the current CIP. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. ITEM #: 13 DATE: 07-18-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 & 2023/24 SANITARY SEWER REHABILITATION DESIGN – PROFESSIONAL SERVICE AGREEMENT – (AMENDMENT NO. 1 – CONSTRUCTION ADMINISTRATION & OBSERVATION) BACKGROUND: This is the annual program for rehabilitation/reconstruction of deficient sanitary sewers and deteriorated manholes at various locations throughout the city. The goal of this program is to identify and remove major sources of inflow/infiltration (I/I) to regain pipe capacity and reduce the wet weather flow at the treatment plant. On August 9, 2022, City Council award the design contract to WHKS of Ames, Iowa in the amount of $395,000. The original contract with WHKS is for design services for the following projects, not including construction administration and observation : Project 1: CIPP Lining and MH Rehabilitation – Basin 11 Project 2: CIPP Lining – Basin 12/US 69 Repairs Project 3: East Lincoln Way & South Duff Trunkline Rehabilitation Originally, Project # 2 mentioned above, was planned for 2025 construction season. The sanitary sewer rehabilitation – (US Hwy 69) project has been accelerated due to an Iowa DOT resurfacing project due to start in April 2024. The City is working with the Iowa DOT to complete sanitary sewer and water main work along US 69 (South Duff and Grand Ave) to avoid removing new pavement once the Iowa DOT paving project is complete. Amendment No. 1 is being requested for adding construction observation for the US 69 – Basin 12 to the professional services contract in the amount of $79,500. On July 11, 2023, City Council awarded the construction contract for this project to Jet Drain Services LLC. of Ames, Iowa in the amount of $1,353,819. The following tasks are included for the additional professional services: • Construction Administration 1. Provide construction administration assistance during construction. Contract administration assistance activities conducted during project construction include clarification of design details, periodic visits to the construction site to observe the progress of work, review of shop drawings, review periodic payment estimates for completed construction work and recommend payments for processing, prepare change orders when required, and prepare the final summary of construction costs. Fee based on 28 hours of administration time. 2. Provide construction updates to the Client. 3. Prepare record drawings from Contractor provided “mark-ups” at the completion of construction. • Construction Observation 1. Provide resident project observation services during construction of the Project. Resident observation is a full-time function during construction. Duties are to provide on-site evaluations of the Project progress in accordance with the plans and specifications and report said progress to the Engineer. Additionally, the observer maintains a log book recording conditions at the job site, weather, record of visitors, summary of daily activities, actions taken, observations in general and assists in recording data for eventual preparation of Record Drawings. The observer duties do not include construction means, methods, procedures, and job -site safety. Fee based on 780 hours of observation and travel time. 2. The testing of materials was included in the bid package to be paid by the Contractor (Jet Drain). Revenues and expenses associated with this program are estimated, as follows: Revenue Expenses 22/23 Sanitary Sewer Rehab – (SRF) 23/24 Sanitary Sewer Rehab – (SRF) $ 4,050,000 $ 4,198,000 San Sewer Rehab (Construction: US 69 – Jet Drain) San Sewer Rehab (Construction: future phases) $ 1,353,819 $ 6,000,000 Overall Engineering/Admin (Est. w/Amend #1) $ 800,000 $ 8,248,000 $ 8,153,819 ALTERNATIVES: 1. Approve the amendment to the professional services agreement for the 2022/23 & 23/24 Sanitary Sewer Rehabilitation Design – (Amendment No. 1 for Construction Administration and Observation) with WHKS & Co. of Ames, Iowa, in the amount of not to exceed $79,500. 2. Direct staff to renegotiate an engineering agreement amendment. CITY MANAGER'S RECOMMENDED ACTION: By approving the amendment No. 1, WHKS will provide the best value to the City for the construction administration and observation. WHSK designed this project for the city and has experience with SRF funded projects. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, City of Ames (Client) and WHKS & Co. (WHKS) executed a Professional Services Agreement dated August 9, 2022 for certain engineering services for 2023/24 Sanitary Sewer Rehabilitation (Project), and WHEREAS, the Agreement described a scope of services and was based on completion of certain services, and WHEREAS, the Client has requested Construction Phase Services for the U.S. 69 Spot Repairs Project as described in more detail in attached Exhibit A, and NOW THEREFORE, the Client and WHKS hereby agree the amended compensation for services shall be increased by the following: Basis of Compensation For the services described above, the Client shall remunerate WHKS as follows: Billed Hourly with a Not-to-Exceed Fee of $79,500.00 including Expenses. External expenses include an administrative charge of 10 percent. Executed this day of July 2023 City of Ames, Iowa WHKS & CO. By: By: Printed Name: Printed Name: Derek J. Thomas, PE Title: Title: Vice President Exhibit A to Amendment No. 1 A. Project Description The Project is to provide on-site observation and administrative assistance during the construction of the bid project, “U.S. 69 Spot Repairs”, which is part of the City’s SRF-funded Sanitary Sewer System Improvements program. The objective of this project is to complete sanitary sewer spot repairs under U.S. 69 along Grand Avenue and South Duff Avenue prior to the anticipated 2024 Iowa Department of Transportation pavement project in this corridor. The US 69 Spot Repairs project was let on June 7, 2023 and the apparent low bidder was Jet Drain Inc. The anticipated award and start of construction will be in July of 2023. The bid project contract documents specify time constraints for the construction. It is anticipated that the project will take 14 weeks to construct. B. Scope of Services Provided Under This Agreement: Note: Items 1-6 were previously defined in the AGREEMENT. 7. US 69 Spot Repairs Construction Phase Services The following tasks are included: • Construction Administration • Provide construction administration assistance during construction. Contract administration assistance activities conducted during project construction include clarification of design details, periodic visits to the construction site to observe the progress of work, review of shop drawings, review periodic payment estimates for completed construction work and recommend payments for processing, prepare change orders when required, and prepare the final summary of construction costs. Fee based on 28 hours of administration time. • Provide construction updates to the Client. • Prepare record drawings from Contractor provided “mark-ups” at the completion of construction. • Construction Observation • Provide resident project observation services during construction of the Project. Resident observation is a full-time function during construction. Duties are to provide on-site evaluations of the Project progress in accordance with the plans and specifications and report said progress to the Engineer. Additionally, the observer maintains a log book recording conditions at the job site, weather, record of visitors, summary of daily activities, actions taken, observations in general and assists in recording data for eventual preparation of Record Drawings. The observer duties do not include construction means, methods, procedures, and job-site safety. Fee based on 780 hours of observation and travel time. • The testing of materials was included in the bid package to be paid by the Contractor (Jet Drain). 1 ITEM #: 14 DATE: 07-18-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: ACCEPT COMPLETION OF YEAR ONE OF THE WATER PLANT WELL REHABILITATION CONTRACT BACKGROUND: On June 14, 2022, City Council awarded a contract to Northway Well and Pump Company of Waukee, Iowa in the amount of $141,625 to rehabilitate up to five of the City’s 22 drinking water wells. This is a one-year contract with a possibility of four, one-year renewal options. Due to the cost of repairs on the first four wells rehabilitated this year, the fifth well’s rehabilitation has been postponed until FY 2024/25. All work for this year’s contract has been successfully completed as of June 5, 2023. An Engineer’s Statement of Completion has been filed with the City Clerk. FY 2022/23 Operating Budget Well Rehabilitation 141,625.00 Well Repairs 30,000.00 Total Well Rehab Budget 171,625.00 Project Expenses Well Rehabilitation 4 wells @ $28,325.00 113,300.00 Well Repairs Well 14 20,463.00 Well 20 1,728.00 Well 23 5,886.00 Total Project Expenses 141,377.00 ALTERNATIVES: 1. Accept final completion of the first year of the five-year Water Plant well rehabilitation contract in the final amount of $141,377. 2. Do not accept completion of year one of the Water Plant well rehabilitation contract at this time. Drop pipe from Well #14 being pulled during rehabilitation on January 6, 2023. 2 CITY MANAGER’S RECOMMENDED ACTION: The first year of the Water Plant well rehabilitation contract has been successfully completed in accordance with the City’s plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: 15 DATE: 07/18/23 DEPT: Police COUNCIL ACTION FORM SUBJECT: LIQUOR LICENSE RENEWAL, ES TAS, 216 STANTON AVENUE BACKGROUND: Es Tas, located at 216 Stanton Avenue, has applied for renewal of its Class C Liquor License. These state licenses and permits must receive approval by the local authority (City Council) before they can be issued by the state. The Police Department conducts compliance checks of establishments that hold liquor licenses in the City of Ames. These compliance checks are completed by taking to the establishment an underage person who attempts to purchase alcohol. A business passes the check if the employee asks for identification and rightly refuses the purchase. An establishment fails the compliance check if the employee sells to the underage person. Es Tas passed two such compliance checks conducted by the Ames Police Department on March 9, 2023 and May 4, 2023. However, in the previous 12 months, Ames officers have cited 60 individuals for being on-premises while underage. This is a substantial number of citations for a liquor license establishment in Ames. Of those 60 individuals cited, officers were able to verify a fake ID was used in at least 14 cases. It is worth noting that officers are unable to determine if an individual used a fake ID or gained entrance some other way in all cases. In addition to the on-premises violations, there are two additional criminal charges of unlawful use of a license and one criminal charge of Interference with Official Acts. Section 17.16 of Municipal Code prohibits minors to be on premises of liquor license establishment unless 50% of the sales of the establishment come from food service as opposed to alcohol. This type of operation is referred to locally as a “50/50.” A liquor- serving establishment may also be granted permission to allow minors on the premises during certain hours if the business can demonstrate a pattern of sales that indicate food is more predominantly purchased during some parts of the day. At other times, such an establishment operate more akin to a bar and must ensure no minors are on the premises during those times. In March 2023, Es Tas was granted 50/50 status by the Police Department, as it demonstrated 50% of its business is food sales until 8:30 PM (See Attached 50/50 agreement). The 8:30 PM cut-off time was determined by the Police based on the time the kitchen closes in the establishment. Es Tas submitted a plan to the Chief of Police regarding how it would keep minors from being served alcohol. The plan provide by the establishment was voluntarily more conservative than what would be permitted by the 2 Police -- Es Tas management decided to only allow 21+ on weekend nights around 3:00 PM and weekdays around 5:00 PM. Es Tas is within its rights to elect an earlier time to disallow those under 21 in the bar, so long as the cut-off time is posted within the establishment. It is a clear responsibility of the establishment to remove anyone under 21 from the premises when the cut-off time occurs. In preparation for this license renewal, staff conducted the customary check of records. This check identified the 60 violations mentioned previously. Of these violations, 21 occurred after the 50/50 status went into effect. Based on these violations, staff conducted a compliance check directly related to the 50/50 status to determine if minors were entering the establishment prior to the 21+ time and then remaining on site, or if there was some other reason for the high number of violations. On June 30, 2023, staff from the Police Department conducted a compliance check. Two underage people entered Es Tas at 2:30 PM. The sign posted stated the bar was 21+ starting at 3:00 PM. At 3:00 PM, no effort was made by staff to remove minors from the establishment as required by the 50/50 agreement. At 3:15 PM, one of the minors approached the bar and purchased an alcoholic beverage. The bartender asked for ID, but overlooked the person was under the age of 21 and served the person. When officers cited the bartender, she stated that she has worked for Es Tas for 2 ½ years and was unaware of the times the establishment goes to 21+. On July 7, the Chief of Police spoke with Terry Cullen from Es Tas and revoked the bar’s 50/50 status for failure to uphold the agreement. Mr. Cullen informed the Chief that he would not be appealing this decision. Also discussed was the high number of violations. Mr. Cullen admitted the 50/50 exemption was probably a mistake and contributed to the high number of violations. The Chief also told Mr. Cullen that officers reported that on several occasions when a citation was written, they were unable to subsequently find a manager to discuss the violation. Mr. Cullen admitted this was a problem, but stated the bar had recently hired a new full-time manager to ensure there is someone in charge each night managing the establishment. If the City Council opts for denial of the requested renewal, the denial of a liquor license can be appealed, first to the ABD, then to an Administrative Law Judge, and then the District Court. If the applicant files an appeal with ABD, they are allowed to continue to operate. If the appeal(s) are not successful, alcohol may not be sold on the premise for one year, unless or until a new licensee applies for and is granted a new liquor license. However, if the requested 12-month license renewal is denied, the applicant may elect to apply for a shorter 8-month license renewal. If that shorter license renewal was approved, the establishment’s license would not be considered denied and the restrictions that would accompany a denial would not take effect. The applicant could then subsequently demonstrate acceptable compliance and apply for a 12- month renewal in spring 2024. 3 ALTERNATIVES: 1. Deny the application for a 12-month liquor license renewal. 2. Approve the application for a 12-month liquor license renewal. CITY MANAGER’S RECOMMENDED ACTION: Compliance checks are conducted by the Ames Police Department and ABD to ensure liquor license holders are complying with their obligation to ensure underage individuals are not being sold or served alcohol. The applicant, Es Tas passed two such checks in March and May 2023. However, a third check related to the 50/50 status of bar was failed. In addition, the establishment has had over 60 violations during the renewal period. It is clear to staff that while fake IDs are a difficult problem, it appears that checking IDs is not being done with due diligence given that an underage person can be served after providing a genuine ID with a date of birth indicating their age is less than 21. For these reasons, the Chief of Police recommends that City Council not renew the requested Class “C” liquor license due to the high and unacceptable number of violations and for not following the 50/50 agreement. Therefore, it is the recommendation of the City Manager that the City Council take the recommendation of the Chief of Police to adopt Alternative No. 1. Email to Terry Cullen, owner of Es Tas sent on July 6, revoking his 50/50 status and putting him on notice about the intent to recommend not renewing his license. On Jul 6, 2023, at 2:32 PM, Huff, Geoff <Geoff.Huff@cityofames.org> wrote: Terry, In preparing for your liquor license renewal we have continued to see a high number of violations at Es Tas. You have had 60 on premise violations in the past 12 months. This may be the highest total I have ever seen in my 29 years of law enforcement. It is clear there is a problem. While Lieutenant Arkovich has been working with your staff, it appears the problem has continued. While there are many fake IDs out there, there should not be this many underage patrons found. More troubling is your 50/50 status that I approved in March. On June 30, 2023 we conducted a compliance check to ensure you were operating as we agreed upon. We sent two minors into the establishment at 2:45pm and the time to go 21+ was posted as 3pm. They were not required to show ID at the door. At 3pm, there was no attempt to remove anyone from Es Tas. At 3:15pm, one of the minors approached the bar to order a drink. While the bartender looked at the ID, she failed to determine the real ID showed the person as under the age of 21 and sold. The bartender said she has worked there for 2 ½ years and was unaware of the time at which the establishment goes to 21+ only. You have also had 21 on premise violations since I approved your 50/50 privilege. I am notifying you that I am Revoking your 50/50 Exemption to the On Premise code. This means you will not be allowed to have patrons under the age of 21 in the establishment at any time. If you would like to appeal this decision, you may do so in writing to me by 5pm, July 13 (7 days from today) to request a hearing before the City Council. In addition, your liquor license renewal request will be reviewed by the City Council on July 18. I will be recommending the City Council not renew your application for a 12-month license due to the high number of violations and for failing to follow the 50/50 agreement resulting in failure of the compliance check on June 30. I highly suggest you are in attendance to defend your position to the City Council on that night. If you decide to appeal the revocation of your 50/50 status, that would also be held at the July 18 City Council meeting. The meeting begins at 6:00pm in the City Hall, City Council Chambers. I have copied the content of the emails between us about the approval of your 50/50 status that outlines the conditions you agreed to. Please respond back to this email so I can ensure it was received. Geoff Huff Chief of Police 515.239.5131 office| 515.239.5429 fax | geoff.huff@cityofames.org| City Hall, 515 Clark Avenue | Ames, IA 50010 www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ FBINA230 ‘Ad Triarios Redisse’ The following emails are correspondence between Staff and Mr. Cullen outlining the details of his 50/50 exemption. Chief Huff, These all are acceptable except the hand stamping and wrist bands. We’ve only used those when there is going to be a significant amount of people in our location and some underage. We now avoid those times by going 21+ whenever we think its going to be busy during the day (11-5). This has eliminated the need for those measures and made us significantly less likely to have any issues with under 21’s. We are significantly more like Texas Road House or Chipotle during our under 21 times. Our customers are sitting down. They aren’t moving around and if they do its easy to monitor. They are usually over 25 if not over 40. They are coming in for lunch or an afternoon snack and are not at Es Tas to engage in any type of behavior that resembles the bars in Campustown at night. Thanks again for all your feedback and your and your officers help with the classes. Terry Cullen 651-983-9431 From: Huff, Geoff Sent: Friday, March 10, 2023 7:45 AM To: Terrence Cullen Cc: Arkovich, Michael; Tuttle, Jason Subject: RE: On Premise Terry, that is a little more problematic as you can’t really flip back and forth. However, you can always switch to 21 only earlier. So, if your receipts show 50/50 until 8:30pm, then that should be the time. However, if you decide on any day to lower the time and go with 5pm or 3pm, that is fine as long as you post it where both the public and the officers can see it. What I can’t do is approve until 5pm and on some days you go to 8:30pm. Hopefully that makes sense. To summarize, once I receive the documentation of 50/50 until 8:30pm: 1. The establishment will post conspicuously in a location to alert the public and police department what time you must be 21+ to entire the establishment. In this case, I would be approving 8:30pm, but management may change the time to an earlier time (not later) provided they post a sign with that earlier time. The establishment would also need to ensure there are no minors in the establishment when that time comes. 2. Patrons will be ID’d at the door to identify those under and over 21 and under 21 will be marked with both a hand stamp, wrist bands and different cups to differentiate them from the 21+ patrons. ID will also be required at the point of sale for everyone intending to consume alcohol. I would recommend employees also do spot checks to ensure those under 21 have not acquired an alcoholic beverage. 3. The establishment is responsible for ensuring all minors (under 21) are removed from the establishment by 8:30pm each night unless an earlier time is posted, and then that becomes the time all minors must be removed from the establishment. Remember, the establishment must not allow minors in or remain on premise after 8:30pm or a posted earlier time. 4. If a minor is located on premise in possession of alcohol before the cut off time, they would be cited for possession of alcohol under the legal age and the establishment for providing alcohol to a minor. (This is bad) Let me know if I have captured this correctly or if you want to add anything. This plan will be approved once the sales documentation is received. If you have any questions, let me know. From: Terry Cullen < Terrence Cullen Sent: Thursday, March 9, 2023 9:46 PM To: Huff, Geoff <Geoff.Huff@cityofames.org> Cc: Arkovich, Michael <mike.arkovich@cityofames.org>; Tuttle, Jason <Jason.Tuttle@cityofames.org> Subject: RE: On Premise [External Email] Chief Huff, Our current intent is to be 21+ after 5PM except on Fridays when we will be 21+ after 3. My intent on asking was so that if we want to change its much simpler. The only days we are thinking about changing be would Sunday and Monday until 830. That is a great idea to ID at the door and the bar when we have a door person. We make sure that no one under 21 gets alcohol with different cups, hand stamps, and wrist bands. Monitoring groups and trusting your instincts we have found works very well. Sometimes you can just tell by a person acting suspicious that they are going to try and drink underage so we watch them closer. We also are 21+ the entire day on days we know we will be busy like we are at night. These include basketball and football games and special days like 801 day. When we switch from under 21 okay to only over 21 we card everyone in the location. Under 21 is not allowed to stay. We ID at the point of sale all the time. If someone is ordering drinks for more than themselves we check the ID’s of everyone receiving drinks and or shots. You are exactly right about patrons moving around and making it hard to track who is 21 and who isn’t. Thank you for working with us about the difference between being 21+ and having under and over 21 inside the location. Ill send the food v alcohol sales over later tonight or tomorrow. Terry Cullen 651-983-9431 From: Huff, Geoff Sent: Thursday, March 9, 2023 9:12 AM To: Terrence Cullen Cc: Arkovich, Michael; Tuttle, Jason Subject: RE: On Premise You’re getting close. Is it your intent to be all ages from open to 8:30pm? If yes, submit receipts for that time period and as long as it is 50% food, should be good on that. Will you ID at the door (Doorman) and at the point of sale (both before and after 8:30)? How will you make sure those who are under 21 are not in possession of alcohol before 8:30pm. Wrist bands, different cups, something else? At 8:30pm, am I understanding that all everyone in the bar will be ID’d and minors asked to leave at that point? I thought at one point you mentioned taking the IDs of underage people when they came in to more easily find them at 8:30pm. Will you ID at the point of sale before 8:30pm? I would suggest you do and possibly limit the number of drinks someone can purchase at one time. Continue to utilize IPACT (https://abd.iowa.gov/education/i-pact) and attend our trainings and meetings. And yes, no outside alcohol/food permitted inside the establishment. Just remember, if we were to find a minor on premise in possession of alcohol before 8:30pm, both the minor and the bar are cited. This violation is worse than an underage person being on premise when it is only 21 so the bar is set high to get this right. If patrons are moving around the establishment a lot during this time, it will be hard to manage, unlike a sit-down restaurant where the server can more easily keep track of which patron is 21 and which is not. Please let me know how you will address the concerns in this email and we will continue to move it forward. Geoff Huff, M.A. Chief of Police 515.239.5131 office| 515.239.5429 fax | geoff.huff@cityofames.org| City Hall, 515 Clark Avenue | Ames, IA 50010 www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ FBINA230 ‘Ad Triarios Redisse’ @amespolice From: Terry Cullen < Terrence Cullen Sent: Wednesday, March 8, 2023 10:54 PM To: Huff, Geoff <Geoff.Huff@cityofames.org> Cc: Arkovich, Michael <mike.arkovich@cityofames.org>; Tuttle, Jason <Jason.Tuttle@cityofames.org> Subject: RE: On Premise [External Email] Chief Huff, First of all apologies on taking so long to this back to you. I thought I had sent it, but I found it in my outbox and it had never been sent. 2. Our plan is to only allow 21+ to consume or be in possession of alcohol. We do this by carding everyone that look under 40. We also do this by monitoring the tables and other seating areas so there isn’t any sharing of alcohol and if there is then all customers must over 21 to share. If they aren’t they obviously can’t have any of their friends drinks. We also monitor for outside alcohol brought in. Its obviously against our policy to bring any outside alcohol or outside food in so anything that we don’t serve to people needs to be put away or the customer needs to leave. We have our employees attend the training sessions with the Ames PD. 3. We go through and card all the current customers. If they aren’t over 21 then they need to leave. 4. We currently pay $5 for every fake our employees take, send our employees to the Ames PD training sessions, have them take the IPACT course, and provide raises to door persons who take fake ID’s and pass compliance checks. Can I submit our sales to 830? That is right where start to tip into more alcohol than food. I like the times we have now, but it seems it would be an easier process to change to an earlier time than to change to a later time. Thanks for all the help and the training sessions. We really appreciate it. Terry Cullen 651-983-9431 From: Huff, Geoff Sent: Wednesday, February 15, 2023 8:26 AM To: Terrence Cullen Cc: Arkovich, Michael; Tuttle, Jason Subject: RE: On Premise Terry, I believe I spoke to you at the Bar meeting the other day about the 50/50. Here is what I need: 1. I will need enough information to verify that 50% of your sales are food to be eligible to allow minors on premise (This has been provided, thank you) 2. What plan you have to ensure minors are not in possession of or consuming alcohol during the times you open to all ages 3. The times of operation, when you open, when you will revert to only 21 and how you will get those under 21 out of the establishment (you can always change to an earlier time, but not a later time and it must be posted) 4. Any other information to show how you will operate to ensure no one under the age of 21 is in possession/consuming alcohol Geoff Huff, M.A. Chief of Police 515.239.5131 office| 515.239.5429 fax | geoff.huff@cityofames.org| City Hall, 515 Clark Avenue | Ames, IA 50010 www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ FBINA230 ‘Ad Triarios Redisse’ @amespolice From: Arkovich, Michael <mike.arkovich@cityofames.org> Sent: Tuesday, January 24, 2023 2:25 PM To: Huff, Geoff <Geoff.Huff@cityofames.org>; Tuttle, Jason <Jason.Tuttle@cityofames.org> Subject: FW: On Premise Chief, Here’s the information Es Tas sent me today. Let me know what else needs to be done. Mike Lieutenant Mike Arkovich Patrol Shift 1 11:00 pm – 7:00 am Ames Police | City Hall, 515 Clark Ave | Ames, IA 50010 515-239-5133 Non-Emergency | 515.239.5533 Crime Tip Hotline | 515.239.5474 Office | 515.450.3948 Cell | 515.239.5429 Fax Mike.Arkovich@cityofames.org www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ From: Terry Cullen < Terrence Cullen Sent: Tuesday, January 24, 2023 2:19 PM To: Arkovich, Michael <mike.arkovich@cityofames.org> Subject: RE: On Premise [External Email] Lieutenant Arkovich, I attached our for last year until 5PM. We thought about it and we only want to do minors before 5pm except on Fridays where we want to do minors only before 3pm. If you need anything else just let me know. Terry Cullen 651-983-9431 From: Arkovich, Michael Sent: Sunday, January 22, 2023 4:45 AM To: Terrence Cullen Subject: On Premise Terrance, Thanks for calling this morning. Below is some information on the 50/50 rule. I look forward to receiving your documents and I will pass them off to the Chief for his review. Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES (e) The underage person is on the premises during specified posted hours that the licensee does its business primarily in food sales, in accordance with a plan approved in advance by the Chief of Police. To receive plan approval, a licensee shall be required to demonstrate that there is a clearly definable pattern of daytime hours during which more than 50% of the business' sales are food . It shall be the strict duty of the licensee, and of all persons employed with respect to said premises, to remove all underage persons from the premises before the start of restricted admission hours each day, and it shall be the strict duty of the licensee permitting underage persons onto the premises, and of all persons employed with respect to said premises, to prevent underage persons from consuming or possessing alcoholic beverages on said premises. Failure in these duties, whether knowingly or otherwise, shall be punishable as a violation of this section. So, what does that mean? Essentially, if an establishment has a liquor license but more than 50% of their sales are food, they can submit a plan to the Chief of Police to allow minors in during those hours when over 50% of sales are food. Think of Applebees, a restaurant that serves alcohol but all ages are allowed. Here are the issues. If a Bar that serves food submits the plan and is approved and we find a minor in possession of alcohol on premise, then we would write the minor for PAULA (not on -premise) and the bar for a violation of 17.16(e) or providing alcohol to a minor, or maybe prevention of consumption. This is much worse than an on- premise violation where the minor used a fake ID to get in. They would probably have a tougher time keeping their liquor license with these types of violations. In addition, the Bar would have to designate a time when their food sales go below that 50%, usually around 9pm (West Towne Pub), to no longer allow minors in. They would also have to figure out a system to get the minors out who came in during the time they were allowed. A restaurant that serves alcohol (Applebees, West Towne, Brick City, Dublin Bay, etc) can usually manage the minors as they are seated, you have a server checking IDs, etc. In a Bar that serves food, people are moving around, not necessarily seated and this makes it really difficult to manage the minors. Lieutenant Mike Arkovich Patrol Shift 1 11:00 pm – 7:00 am Ames Police | City Hall, 515 Clark Ave | Ames, IA 50010 515-239-5133 Non-Emergency | 515.239.5533 Crime Tip Hotline | 515.239.5474 Office | 515.450.3948 Cell | 515.239.5429 Fax Mike.Arkovich@cityofames.org www.CityofAmes.org | ~ Caring People ~ Quality Programs ~ Exceptional Service ~ 1 ITEM # __16___ DATE: 07-18-23 DEPT: __FIRE_ COUNCIL ACTION FORM SUBJECT: PROPERTY MAINTENANCE CODE ADOPTION BACKGROUND: In Summer 2020, staff had several code enforcement cases that they were struggling to achieve compliance with, which resulted in several complaints from neighbors to the Council. At the City Council meeting on August 25, 2020, Council requested a memo from staff regarding recommendations for potential additions or changes to the Property Maintenance Code that would provide staff with additional enforcement tools. Staff reviewed the Municipal Code and found that sections enforced by the Community Codes Liaison (CCL) spanned nine different chapters within the Code, resulting in contradictions as well as inconsistent language and enforcement processes. Additionally, staff reviewed ordinances from numerous other jurisdictions and found that most had one comprehensive property maintenance code that encompassed many of Ames’ existing codes and provided swift and effective compliance techniques. On May 25, 2021, Staff presented the Council with a very rough draft of a proposed property maintenance ordinance (report) that consolidated current code requirements, added a few new sections based on previous complaints, added additional enfo rcement tools, and added an appeal process. Council requested that a workshop be scheduled to receive public input and that a website be established to gather input from those unable to attend a workshop. A press release was issued after the Council meeting notifying residents of the workshop on June 15, 2021 (Staff Report), and providing a link to an online survey regarding the proposed ordinance. This information was also emailed to neighborhood associations and other interested parties (landlords, realtors, etc.) for their input. The workshop and survey results provided an abundance of input from the community (20 citizens spoke at the workshop and about 250 provided survey responses). Council decided to work with staff to set another workshop or place items by category on a future agenda for discussion. Staff compiled and studied the survey responses and public input. The findi ngs were incorporated into a second draft of the ordinance. These findings were presented to Council at the workshop on June 20, 2023. Council reviewed 19 different code items and made motions regarding whether to include each item in a draft ordinance. 2 The draft ordinance was presented to Council at the June 27 meeting. There was no public input received when the item was opened for public comment. Council moved to place the item on the July 18 meeting agenda for first reading. Attachment A highlights current code language from the Ames Municipal Code in yellow. Newly proposed language is highlighted in blue. ALTERNATIVES: 1. Hold the public hearing to receive citizen input regarding the attached property maintenance code ordinance, and then approve the attached ordinance on first reading. 2. Open the public hearing and receive citizen input regarding the attached property maintenance code ordinance, and then continue the hearing until the August 8th Council meeting when additional public input will be allowed. After the public input is completed at this second meeting, the City Council then will approve on first reading a new property maintenance code ordinance as proposed by the staff, or with any modifications desired by the City Council. 3. Direct staff to revise the proposed maintenance code, but do not set a date for first reading of an ordinance at this time. 4. Decide not to make any changes at this time to the existing Municipal Code regarding property maintenance issues. CITY MANAGER’S RECOMMENDED ACTION: Staff has worked diligently to incorporate the abundance of citizen feedback into a code that balances the needs of the community. Staff recognizes that it is important to protect the freedoms of property owners while also protecting the neighboring property owners. Therefore, the approach taken by staff in preparing these regulations is not to burden property owners with extraordinary obligations, but rather to establish basic minimum standards that can be met with modest efforts on the part of property owners. The proposed ordinance will provide additional guidance regarding the minimum standards for exterior property maintenance. In addition, this guidance should be easier to identify and understand in one consolidated location. The proposed changes also provide City staff with the necessary tools to more effectively enforce these issues and obtain compliance when a property falls into disrepair or when unsafe conditions exist. If the City Council believes that sufficient time has passed to allow for citizen feedback, then it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. However, if the City Council would prefer to allow for additional time for public input prior to making a final decision regarding the proposed ordinance, then Alternative #2 should be approved. ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING AND REPLACING CHAPTER 30, AMENDING SECTION 13.406(11), AND REPEALING SECTIONS 5.901, 11.8, 17.12, AND 17.34 THEREOF, FOR THE PURPOSE OF ESTABLISHING MINIMUM PROPERTY STANDARDS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing and replacing Chapter 30, amending section 13.406(11), and repealing sections 5.901, 11.8, 17.12, and 17.34, as follows: “CHAPTER 30 PUBLIC NUISANCES 30.1. Purpose. The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to preserve the value of property owned by theses citizens by establishing minimum property maintenance standards; to provide for the removal of nuisances as defined in this chapter; and for the enforcement and penalties for violation hereof. 30.2 Scope. The provisions of this chapter shall apply to all properties within the City of Ames and constitute minimum requirements and standards for premises, structures, and vehicles. Sec. 30.3. Public nuisances prohibited; authority to abate. The creation or maintenance of a nuisance on any property in the City of Ames is unlawful and is prohibited. The City Manager or Manager’s designee is authorized to abate nuisances either by issuance of a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation and/or by administrative abatement procedures set forth in this article, or a combination thereof. Sec. 30.4. Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth herein: Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including tin cans or similar food containers. Dead animals are not included in the term garbage. Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or other defacement or other written communication, etched, scratched, or made with spray paint, paint, ink, chalk, dye, or similar substances, or in any manner, on any public or private property, including, but not limited to, streets, sidewalks, buildings, walls, bridges, fences, or other structures which was made without the consent of the property owner. Hazardous Waste. Any substance as defined in section 455B.411(3)(a), the rules of the Iowa Department of Natural Resources. Inoperable. Not capable of being used or operated as a motor vehicle. Junk. Items including, but not limited to, building materials not part of an active building project authorized by a current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes, wooden pallets, discarded lumber (not including neatly stacked and cut fire wood), plastic tarps, or any other discarded or miscellaneous item or items. Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics, constitutes a threat to the public health, welfare and/or safety: (a) That has been rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, any component or structural part, or lack of current registration; (b) That has become the habitat of rats, mice, snakes or any other vermin or insects; (c) That is being used for storage purposes (d) That its condition constitutes a threat to the public health or safety of the public; (e) That contains gasoline or any flammable fuel and is inoperable. Noxious Substances. Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous, including any dead animal portion thereof, together with human or animal excrement. Noxious Weeds. Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A. Outdoor Area. All exterior areas of a property, including porches, partially enclosed sheds, lean-tos or other structures not totally enclosed by structural walls, roof and properly functioning doors. A porch is not considered to be an outdoor area if it is completely enclosed by fully intact glass or fully intact screens. Refuse. All other miscellaneous waste materials except “yard waste” not specifically defined as garbage. Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Sidewalk. A hard surface of any width designated for non-motorized travel Stagnant Water. Standing water that is trapped and does not circulate, excluding bird baths, koi ponds, landscape water features, and approved stormwater retention areas. Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Trash Disposal Container. A closed, water-tight, hard receptacle that cannot be ripped open by animals. Containers that shed rain when their lids are completely closed shall satisfy the requirement for a water-tight receptacle. Turf Grasses. Narrow-leaved grass species that form a uniform, long-lived ground cover that can tolerate traffic and mowing heights of two inches or below. Vehicle. An automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport persons or property over public streets and highways. Weed. A plant that is not intentionally planted and is usually of vigorous growth. It may cause economic loss to neighboring properties. Weed Official. Person designated by the City Manager to enforce noxious weeds. Yard Waste. Debris such as grass clippings, leaves, garden waste, brush and trees. It does not include tree stumps. Sec. 30.5. Nuisance defined; certain acts, conditions declared as nuisances. Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property by the public or community shall be deemed a nuisance. Nuisances shall include, but shall not be limited to, the following: (1) The use of any building or other place for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. (2) Refuse, garbage, or junk that is not contained in a trash disposal container; noxious substances; or hazardous wastes remaining in any outdoor place for more than 72 hours. (3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container for longer than seven days. Yard waste may be retained for longer than seven days if composting is being completed. Composting shall comply with the state regulations contained in Chapter 105 of the Iowa Administrative Code. (a) Composting piles may include: yard waste including leaves, grass clippings, straw and hay, sawdust, and finely chopped shredded tree and shrub prunings; kitchen scraps including fruit and vegetable trimmings (including rhubarb leaves), coffee grounds, and eggshells; shredded newspapers; wood ashes (no more than one cup per bushel of compost). (b) Composting piles cannot include: human or animal feces; diseased plant material or weeds that have gone to seed; kitchen scraps that include animal meat, bones or fat; and all other materials not listed in subsection (a) above. (4) Stagnant water on any property for more than 48 hours, including any open container or material kept in such a condition that water can accumulate and stagnate therein, creating a breeding ground or habitat for insects or rodents. (5) The obstructing or encumbering, by fences, buildings, structures, signs or otherwise, of the public streets and rights-of-ways. (6) Snow, ice, mud, gravel, grass clippings, leaves or other accumulations remaining on a sidewalk longer than 10 daylight hours after the cessation of the storm or cause of the accumulation. (7) Depositing ice or snow from private property, sidewalks, or driveways onto the traveled way of a public street after the street has been cleared so as to obstruct gutters or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein. (8) Vegetation located in the City right-of-way exceeding 12 inches in height within one foot of the traveled portion of the street. Streets designated as no parking may have vegetation exceeding 12 inches in height within one foot of the traveled portion of the street. Plantings that cause safety issues would be subject to removal, regardless of height, at the City’s discretion. Non-vegetative materials such as trellises or chicken wire are prohibited in the right-of-way. Exceptions: those areas approved by the City as stormwater or native vegetation preservation areas. (9) Vegetation located on private property hanging over public streets with less than 16 feet of clearance above the public street or vegetation located on private property that hangs over or into public sidewalks with less than 10 feet of clearance above the sidewalk. (10) Vines, brush or other vegetation, including dead bushes, dead woody plants, overgrown or unkempt bushes, that restrict egress from or ingress to a building through doors or below grade egress windows. (11) Turf grasses exceeding 12 inches in height. (12) Trees in such a state of deterioration, as determined by the City Forester, that any part of such tree presents an immediate threat to the safety of persons or property in the right-of-way. (13) Weeds over 12 inches tall and any noxious weeds. (14) Any excavation, hole, or other depression in the ground in or on any lot or parcel of land in the city of a depth of more than three feet below the surrounding grade, other than as part of the active construction of a building or other structure on the lot which will ultimately close in and completely cover such excavation, hole or depression. Upon a finding by the enforcement officer that the owner of the lot or parcel of land has violated the provisions of this subsection, the lot owner shall be required to fill in any such excavation, hole or depression and grade the same to a topographic elevation equal to or level with the surrounding adjacent grade. Exceptions: egress window wells, fire pits, or excavations completely secured by a fence or similar method. (15) Upholstered or finished furniture intended for indoor usage such as couches, beds, mattresses, desks, chairs, shelving or wooden tables, other household furnishings or equipment including carpeting, appliances and other typical household items intended for indoor usage, placed or used outdoors. (16) Unoccupied buildings or unoccupied portions of buildings which are unsecured. Accessory structures on properties where the primary structure is occupied are not considered unoccupied buildings. (17) Any structure, including detached accessory structures, on any commercial, residential, agricultural or industrial property that is not free from significant structural defects. The term "free from significant structural defect" means: (a) The roof and roofing material are of such a nature and condition that they do not permit water, snow or ice to penetrate the structure. Roofing materials shall be in good condition and made up of consistent materials and consistent coloration throughout the roof area. (b) Drainage gutters and downspouts, if present, are securely attached to the structure and in proper functioning order. (c) All exterior trim and exterior exposed surfaces, including siding materials, are sound, in good condition and securely attached to the structure. (d) Exterior walls are free of holes and made of a consistent material, such that patches or repairs consisting of dissimilar materials or colors compared to the prevailing surface material of the exterior walls are not present. (e) The foundation of the structure is sound, capable of supporting the structure and not deteriorated to the point that failure is judged to be inevitable, but not necessarily imminent. The foundation shall be plumb and free from cracks, breaks and holes to prevent the entry of animals. (f) Windows and doors are intact, containing no holes, squarely hung with properly operating latches or locks to be securely closed, and where the windows have intact glass or normal window material that allows the entry of light with no holes in said window surface areas. No plastic wrap material, tarps, plywood, or similar temporary materials shall be used to substitute for doorways or windows. (g) All exterior components serving doors and windows, including, but not limited to, steps, porches, ramps, landings, handrails, and guardrails are of a secure and safe design, be made of standard building materials and be intact, with no protruding or loose boards or surface materials causing a hazard. (h) Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials, including wood, vinyl, steel or metal siding materials, stucco or exterior insulation finish system (EIFS) materials, brick or similar masonry materials, that are in all cases intact, not in a condition of deterioration, are of uniform coloration and are not patched with dissimilar materials. Plastic wrap material shall not be considered an acceptable siding material. No flaking or chipped paint or outer loose material dominates or detracts from the exterior appearance of the structure. (i) All fencing, including gates, are in good condition, free from damage, breaks, holes or missing structural members so as not to create a hazard for adjacent properties. All fencing shall be of consistent materials and coloration. (j) All exterior wires on the exterior of the structure are fastened to the structure (18) Graffiti which is visible to the public view and has not been removed within seven (7) days of notification by the enforcement officer. (19) Conditions that create a fire hazard, as determined by the Fire Chief or the Fire Chief’s designee, or are in violation of Ames Municipal Code Chapter 8 Fire Code. (20) Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting Code. (21) Junked vehicles stored outdoors on private property for more than 48 hours. Exceptions: (a) Junked vehicles stored within a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight-fitting opaque cloth vehicle cover or tight-fitting cloth tarpaulin (b) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the requirements of the Ames Municipal Code. (22) Travel trailers, recreational vehicles, boats, boat trailers and trailers parked in the front yard. Parking of travel trailers, recreational vehicles, boats, boat trailers and trailers is permitted behind the front yard so long as they are not being used for habitation or business purposes and they are parked on an approved parking surface. (23) Obstructions in the visibility triangle not incompliance with Ames Municipal Code Sec. 29.408(5) Visibility at Intersections. Sec. 30.6. Responsibility for abatement; abatement defined. (1) The owner, agent, lessee, occupant or other person in charge of any building or premises where any of the actions forbidden by this chapter exist, or whence any of such actions have originated, or any person responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate such action without delay. (2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating, cutting, mowing, grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abandoned buildings. Sec. 30.7. Abatement by city after notice; procedure; payment of costs. (1) In case of the failure of any person to correct, remove or abate a nuisance on written notice issued by the enforcement officer, served in the manner of an original notice, or by certified mail to the last known address of the owner, agent, lessee, occupant or other person in charge of the building or premises where the nuisance exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed depending on the urgency of the case, then and at once upon such failure the enforcement officer shall have the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed, corrected or abated. (2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or property, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and opportunity of hearing. A notice of costs of abatement will be sent to the property owner within 14 days of the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the property for collection in the same manner as property taxes as set forth in State Code Section 364.12(3)(h). (3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or eliminating the nuisance, the cost of investigation, such as title searches, inspection and testing, the costs of notification, filing costs and other related administrative costs and any other costs or expenses incurred by the city in the abatement of the nuisance. Sec. 30.8. Means of Appeal. (1) Application for Appeal. Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public Nuisance Appeals Board to determine if a nuisance exists. A request for a hearing must be made in writing and delivered to the Building Official on or before the date stated in the notice of abatement issued by the City, or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered. In the case of emergency abatement, a hearing may be requested within 14 days of the mailing date of the notice of costs of abatement. Within 14 days after the conclusion of the hearing, the Board Chairperson shall render a written decision as to whether a nuisance exists. If it is found by the Board that a nuisance exists, it shall include in the written decision what steps must be taken to abate the nuisance and the time within which such steps must be taken. (2) Appointment and Membership of the Board. (a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall serve terms in accordance with established procedures. (b) Board members shall be appointed by the Mayor with approval of the City Council. The term of office shall be for three (3) years, except for the terms of office for the Board when initially established. For the Board when initially established, the Mayor may prescribe a shorter than a full term of appointment in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for reappointment. (c) Membership shall consist of seven (7) members, one from each of the four (4) wards, and three (3) from the City at large. (3) Chairperson. The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson. (4) Disqualification of Member. A member shall not hear an appeal in which that member or an immediate family member has a personal, professional or financial interest. (5) Secretary. The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings with the City Clerk’s Office. (6) Compensation of Members. Members shall receive no compensation. (7) Meeting of the Board. The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the cause for seeking a delay. (8) Procedure. The Board shall adopt and make available to the public, procedures under which hearings will be conducted. (9) Board Decision. The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional time for abatement. (10) Stay of Enforcement. Appeals of a notice and order (other than an Imminent Danger notice) shall stay the enforcement of the notice and order until the appeal is heard by the Board. (11) Filing Fees. Property owners are entitled to file one appeal per nuisance violation, at no fee. Subsequent appeals shall be assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code Board of Appeals. CHAPTER 30 JUNKED VEHICLES, TRAILERS AND SEMITRAILERS; AND OUTDOOR STORAGE OF MOTOR VEHICLES Sec. 30.1. PURPOSE OF CHAPTER. The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to preserve the value of property owned by these citizens by the prevention of the storage of junked vehicles, trailers and semitrailers within the corporate limits of the city, except in places authorized; to provide for the removal of vehicles in violation of the provisions of this chapter; and for the enforcement and penalties for violation hereof. Sec. 30.2. DEFINITIONS. For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth: (1) "Enclosed structure" means any structure or portion there of built for the enclosure of property, containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property and contents thereof and being of a permanent nature. (2) "Junked" means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Ames, Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes a threat to the public health, welfare, and/or safety; (a) Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, or any component or structural part; (b) Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects; (c) Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood or other combustible materials, garbage, refuse, solid waste, debris, etc.; (d) Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals of any kind; (e) Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other way constitutes a threat to the public health or safety of the citizens of Ames, Iowa; (f) Any vehicle which contains gasoline or any flammable fuel and is inoperable. (3) "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property. (4) "Inoperable" means not capable of being used or operated. (5) "Stored" means a vehicle, trailer or semitrailer left upon private property for 48 hours. (6) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (7) "Trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (8) "Vehicle" means an automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport persons or property over public streets and highways. Sec. 30.3. STORAGE OF JUNKED VEHICLES, TRAILERS OR SEMITRAILERS. It is hereby declared that the storage of any junked vehicles, trailers or semitrailers on private property within the corporate limits of Ames, Iowa, for 48 hours, is unlawful, unless exempt by Section 30.9 of this chapter, and constitutes a threat to the health, welfare and safety of the citizens thereof, and is declared to be a nuisance. Sec. 30.4. LIABILITY FOR VIOLATION. The registered owner of any vehicle, trailer or semitrailer shall be prima facie liable for any violations of this chapter. In the absence of any known or ascertainable owner, the occupant, lessee or owner of the property upon which said vehicle, trailer or semitrailer is stored shall be prima facie liable for the violation. Sec. 30.5. NOTICE OF VIOLATION. Upon discovery of any junked vehicle, trailer, or semitrailer stored upon private property within the corporate limits of the city, the city manager or designee shall: (1) Cause written notice to be sent by certified mail to the last known registered owner of the vehicle, trailer or semitrailer and the owner or the owner's agent of the property upon which said vehicle is located; (2) Cause written notice to be affixed to the vehicle, trailer or semitrailer; (3) The notice shall describe, if ascertainable, the year, make, model and location of the vehicle, trailer or semitrailer and shall state that: (a) The vehicle, trailer or semitrailer is declared junked under the provisions of Chapter 30 of the Municipal Code of the City of Ames, Iowa; (b) The owner of said vehicle, trailer or semitrailer or in the absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or semitrailer is stored, must remove or repair the vehicle, trailer or semitrailer or otherwise comply with the provisions of Chapter 30 of the Municipal Code of the City of Ames, Iowa, within ten (10) days of notification, or said vehicle, trailer or semitrailer may be towed; (c) Failure to comply with the provisions of said Chapter 30 constitutes a municipal infraction; (d) Any person holding an ownership interest in this property may file a written request for a hearing before the city manager or designee within ten (10) days of the date of this notice. Sec. 30.6. PROCEDURE FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom notices are directed shall be advised of the time and place of said hearing at least three days in advance thereof. At any such hearing, the city manager or designee and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary. If the existence of the violation is affirmed by the city manager or designee, the parties adversely affected by this hearing shall have no longer than seven days from the date of final order to comply with said order. Sec. 30.7. REMOVAL OR REPAIR OF VEHICLES, TRAILERS OR SEMITRAILERS. (1) The owners of a junked vehicle, trailer or semitrailer which violates the provisions of this chapter, or in the absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or semitrailer is stored, shall, within ten (10) days following the effective date of notice from the city manager or designee, remove the vehicle, trailer or semitrailer to an auto salvage yard, junk yard or demolisher duly licensed by the city, or repair the defect which caused said vehicle, trailer or semitrailer to violate the provisions of this chapter, or to otherwise comply with this chapter. (2) If the owner of record of a junked vehicle, trailer or semitrailer, or in the absence of any known or ascertainable owner, the owner of the property on which said vehicle, trailer or semitrailer is stored, fails to comply with the terms of this section, the city manager or designee may declare the vehicle, trailer or semitrailer to be junked and shall direct the removal of said vehicle, trailer or semitrailer. (3) Disposal of vehicles, trailer, or semitrailers. All junked vehicles, trailers or semitrailers which are towed by the city pursuant to this chapter shall be impounded until lawfully claimed and all towing, storage and administrative fees paid or shall be disposed of pursuant to the provisions of Section 321.89 and 321.90 of the 1983 Code of Iowa. Sec. 30.8. PENALTIES FOR OFFENSES PERTAINING TO JUNKED VEHICLES AND OUTDOOR STORAGE OF MOTOR VEHICLES. A violation of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi-trailers; and Outdoor Storage of Motor Vehicles, shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation. Sec. 30.9. EXEMPTIONS. The provisions of this chapter shall not apply to: (1) Vehicles, trailers or semitrailers stored within a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin; (2) Vehicles, trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and meeting the requirement of the Ames Municipal Code. Sec. 30.10. OUTDOOR STORAGE OF MOTOR VEHICLES. In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as follows: (1) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under their ownership, possession or control for more than fifteen (15) days without movement and use of said vehicle as an operating motor vehicle. (2) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their ownership, possession or control for more than one year without movement and use of said vehicle as an operating motor vehicle. (3) The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked or demolished motor vehicle, or motor vehicle stripped for parts, at the same commercially zoned site for more than one hundred eighty days is prohibited. (4) The following shall be exempt from the regulations of this section: (a) vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin. (b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January 1, 1982. (c) A "motor home", pickup truck with camper top, converted bus or van, or similar recreational vehicle, which is currently licensed for operation on the public highways. (d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this city, is out of the city for more than fifteen (15) days but not more than one hundred eighty days. (e) Vehicles which are immobilized pursuant to an immobilization order of the District Court. Sec. 30.11. SEVERABILITY. If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional. . . . Sec. 13.406. EXTERIOR PROPERTY AREAS . . . (11) Motor vehicles. Motor vehicles must be parked, stored, and maintained in accord with Ames City of Ames Municipal Code Chapter 30 Public Nuisances 31, Junked Vehicles-Outdoor Storage. . . . DIVISION IX Noxious Weeds Sec. 5.901. WEED ORDINANCE. (1) Words and Terms Defined (a) Noxious Weeds: Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A. (b) Weed Official: Person designated by the city manager to enforce this section. (2) Nuisance Declared; Penalty (a) It shall be a public nuisance for any owner or person in the possession or control of any land to allow any noxious weeds to grow thereon. (b) Duty To Cut Noxious Weeds: Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon and shall keep said lands free of such growth. (c) Interference With Weed Official: No persons shall interfere with the weed official or any appointed assistant while engaged in the enforcement of this chapter. . . . Sec. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES. Any person who abandons or otherwise leaves unattended any refrigerator, icebox, washing machine, dishwasher, kitchen range, clothes dryer, freezer, commode, urinal, bathroom sink, kitchen sink, or other large household appliance, bathroom fixture, kitchen fixture, or similar container, outside of buildings, or any person who allows such refrigerator, ice box, washing machine, dishwasher, kitchen range, clothes dryer, freezer, commode, urinal, bathroom sink, kitchen sink, bathroom fixture, kitchen fixture, or other large household appliance, or similar container, to remain outside of buildings or premises in the person’s possession or control, abandoned or unattended, commits a violation of this section. . . . Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to children, commits a municipal infraction punishable by a penalty of $50 for a person’s first violation and $100 for each repeat violation. . . . Sec. 17.34. RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS (1) Standards: It shall be a violation of this section for any landowner or person leasing, occupying or having control of any real property used for residential purposes, to keep, maintain, deposit or perform or permit on such property the outdoor use, outdoor storage or outdoor placement of household appliances, household furniture, or household furnishings, unless such items are designed for outdoor use and are used on the premises for purposes of the household. The term "outdoor" includes a porch. However, the use, storage or placement of household appliances, household furniture or household furnishings on a porch is not prohibited if the porch is completely enclosed by fully intact glass or fully intact screens. A porch is a platform completely covered by a roof located at and attached to or abutting against the entrance to a building. Screens are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow. (2) Costs of Abatement: Pursuant to subsection 364.22(9) Code of Iowa, when judgment has been entered for a violation of this section, a court order shall be sought to authorize the City to abate or correct the violation and order that the City’s costs for such abatement or correction of the violation be entered as a personal judgment against the defendant, or assessed against the property, or both. (3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person’s first violation, $100 for a person’s second violation, and $250 for a person’s third and each succeeding violation.” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in the ordinance. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2023. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor KEY: YELLOW – Existing Code Language or Concepts BLUE – New Language or Significant New Concepts Chapter 30 - PUBLIC NUISANCES 30.1. Purpose. The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to preserve the value of property owned by theses citizens by establishing minimum property maintenance standards; to provide for the removal of nuisances as defined in this chapter; and for the enforcement and penalties for violation hereof. 30.2 Scope. The provisions of this chapter shall apply to all properties within the City of Ames and constitute minimum requirements and standards for premises, structures, and vehicles. Sec. 30.3. - Public nuisances prohibited; authority to abate. The creation or maintenance of a nuisance on any property in the City of Ames is unlawful and is prohibited. The City Manager or Manager’s designee is authorized to abate nuisances either by issuance of a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 for each repeat violation or by administrative abatement procedures set forth in this article, o r a combination thereof. Sec. 30.4 – Definitions. Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including tin cans or similar food containers. Dead animals are not included in the term garbage. Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or other defacement or other written communication, etched, scratched, or made with spray paint, paint, ink, chalk, dye, or similar substances, or in any manner, on any public or private property, including, but not limited to, streets, sidewalks, buildings, walls, bridges, fences, or other structures which was made without the consent of the property owner. Hazardous Waste. Any substance as defined in section 455B.411(3)(a), the rules of the Iowa Department of Natural Resources. Inoperable. Not capable of being used or operated as a motor vehicle. Junk. Items including, but not limited to, building materials not part of an active building project authorized by a current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes, wooden pallets, discarded lumber (not including neatly stacked and cut fire wood), plastic tarps, or any other discarded or miscellaneous item or items. Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics, constitutes a threat to the public health, welfare and/or safety: (a) That has been rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, any component or structural part, or lack of current registration; (b) That has become the habitat of rats, mice, snakes or any other vermin or insects; (c) That is being used for storage purposes (d) That its condition constitutes a threat to the public health or safety of the public; (e) That contains gasoline or any flammable fuel and is inoperable. Noxious Substances. Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous, including any dead animal portion thereof, together with human or animal excrement. Noxious Weeds. Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A. Outdoor Area. All exterior areas of a property, including porches, partially enclosed sheds, lean-tos or other structures not totally enclosed by structural walls, roof and properly functioning doors. A porch is not considered to be an outdoor area if it is completely enclosed by fully intact glass or fully intact screens. Refuse. All other miscellaneous waste materials except “yard waste” not specifically defined as garbage. Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Stagnant Water. Standing water that is trapped and does not circulate, excluding bird baths, koi ponds, landscape water features, and approved stormwater retention areas. Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Trash Disposal Container. A closed, water-tight, hard receptacle that cannot be ripped open by animals. Containers that shed rain when their lids are completely closed shall satisfy the requirement for a water-tight receptacle. Turf Grasses. Narrow-leaved grass species that form a uniform, long-lived ground cover that can tolerate traffic and mowing heights of two inches or below. Vehicle. An automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport persons or property over public streets and highways. Weed. A plant that is not intentionally planted and is usually of vigorous growth. It may cause economic loss to neighboring properties. Weed Official. Person designated by the City Manager to enforce noxious weeds. Yard Waste. Debris such as grass clippings, leaves, garden waste, brush and trees. It does not include tree stumps. Sec. 30.5. - Nuisance defined; certain acts, conditions declared as nuisances. Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property by the public or community shall be deemed a nuisance. Nuisances shall include, but shall not be limited to, the following: (1) The use of any building or other place for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. (2) Refuse, garbage, or junk, that is not contained in a trash disposal container: noxious substances; or hazardous wastes remaining in any outdoor place for more than 72 hours. (3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container for longer than seven days. Yard waste may be retained for longer than seven days if composting is being completed. Composting shall comply with the state regulations contained in Chapter 105 of the Iowa Administrative Code. (a) Composting piles may include: yard waste including leaves, grass clippings, straw and hay, sawdust, and finely chopped shredded tree and shrub prunings; kitchen scraps including fruit and vegetable trimmings (including rhubarb leaves), coffee grounds, and eggshells; shredded newspapers; wood ashes (no more than one cup per bushel of compost). (b) Composting piles cannot include: human or animal feces; diseased plant material or weeds that have gone to seed; kitchen scraps that include animal meat, bones or fat; and all other materials not listed in subsection (a) above. (4) Stagnant water on any property for more than 48 hours, including any open container or material kept in such a condition that water can accumulate and stagnate therein, creating a breeding ground or habitat for insects or rodents. (5) The obstructing or encumbering, by fences, buildings, structures, signs or otherwise, of the public streets and rights-of-ways. (6) Snow, ice, mud, gravel, grass clippings, leaves or other accumulations remaining on a sidewalk longer than ten (10) daylight hours after the cessation of the storm or cause of the accumulation. (7) Depositing ice or snow from private property, sidewalks, or driveways onto the traveled way of a public street after the street has been cleared so as to obstruct gutters or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein. (8) Vegetation located in the City right-of-way exceeding 12 inches in height within one foot of the traveled portion of the street. Streets designated as no parking may have vegetation exceeding 12 inches in height within one foot of the traveled portion of the street. Plantings that cause visibility issues would be subject to removal, regardless of height, at the City’s discretion. Non -vegetative materials such as trellises or chicken wire are prohibited in the right-of-way. Exceptions: those areas approved by the City as stormwater or native vegetation preservation areas. (9) Vegetation located on private property hanging over public streets with less than 16 feet of clearance above the public street or vegetation located on private property that hangs over or into public sidewalks with less than 10 feet of clearance above the sidewalk. (10) Vines, brush or other vegetation, including dead bushes, dead woody plants, overgrown or unkempt bushes, that restrict egress from or ingress to a building through doors or below grade egress windows. (11) Turf grasses exceeding 12 inches in height. (12) Trees in such a state of deterioration, as determined by the City Forester, that any part of such tree presents an immediate threat to the safety of persons or property in the right-of-way. (13) Weeds over 12 inches tall and any noxious weeds. (14) Any excavation, hole, or other depression in the ground in or on any lot or parcel of land in the city of a depth of more than three feet below the surrounding grade, other than as part of the active construction of a building or other structure on the lot which will ultimately close in and completely cover such excavation, hole or depression. Upon a finding by the enforcement officer that the owner of the lot or parcel of land has violated the provisions of this subsection, the lot owner shall be required to fill in any such excavation, hole or depression and grade the same to a topographic elevation equal to or level with the surrounding adjacent grade . Exceptions: egress window wells, fire pits, or excavations completely secured by a fence or similar method. (15) Upholstered or finished furniture intended for indoor usage such as couches, beds, mattresses, desks, chairs, shelving or wooden tables, other household furnishings or equipment including carpeting, appliances and other typical household items intended for indoor usage, placed or used outdoors. (16) Unoccupied buildings or unoccupied portions of buildings which are unsecured . Accessory structures on properties where the primary structure is occupied are not considered unoccupied buildings. (17) Any structure, including detached accessory structures, on any commercial, residential, agricultural or industrial property that is not free from significant structural defects. The term "free from significant structural defect" means: (a) The roof and roofing material are of such a nature and condition that they do not permit water, snow or ice to penetrate the structure. Roofing materials shall be in good condition and made up of consistent materials and consistent coloration throughout the roof area. (b) Drainage gutters and downspouts, if present, are securely attached to the structure and in proper functioning order. (c) All exterior trim and exterior exposed surfaces, including siding materials, are sound, in good condition and securely attached to the structure. (d) Exterior walls are free of holes and made of a consistent material, such that patches or repairs consisting of dissimilar materials or colors compared to the prevailing surface material of the exterior walls are not present. (e) The foundation of the structure is sound, capable of supporting the structure and not deteriorated to the point that failure is judged to be inevitable, but not necessarily imminent. The foundation shall be plumb and free from cracks, breaks and holes to prevent the entry of animals. (f) Windows and doors are intact, containing no holes, squarely hung with properly operating latches or locks to be securely closed, and where the windows have intact glass or normal window material that allows the entry of light with no holes in said window surface areas. No plastic wrap material, tarps, plywood, or similar temporary materials shall be used to substitute for doorways or windows. (g) All exterior components serving doors and windows, including, but not limited to, steps, porches, ramps, landings, handrails, and guardrails are of a secure and safe design, be made of standard building materials and be intact, with no protruding or loose boards or surface materials causing a hazard. (h) Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials, including wood, vinyl, steel or metal siding materials, stucco or exterior insulation finish system (EIFS) materials, brick or similar masonry materials, that are in all cases intact, not in a condition of deterioration, are of uniform coloration and are not patched with dissimilar materials. Plastic wrap material shall not be considered an acceptable siding material. No flaking or chipped paint or outer loose material dominates or detracts from the exterior appearance of the structure. (i) All fencing, including gates, are in good condition, free from damage, breaks, holes or missing structural members so as not to create a hazard for adjacent properties. All fencing shall be of consistent materials and coloration. (j) All exterior wires on the exterior of the structure are fastened to the structure. (18) Graffiti which is visible to the public view and has not been removed within seven (7) days of notification by the enforcement officer. (19) Conditions that create a fire hazard, as determined by the Fire Chief or the Fire Chief’s designee, or are in violation of Ames Municipal Code Chapter 8. (20) Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting Code. (21) Junked vehicles stored outdoors on private property for more than 48 hours. Exceptions: (a) Junked vehicles stored within a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight-fitting opaque cloth vehicle cover or tight-fitting cloth tarpaulin (b) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the requirements of the Ames Municipal Code. (22) Travel trailers, recreational vehicles, boats, and boat trailers parked in the front yard. Parking of travel trailers, recreational vehicles, boats, and boat trailers is permitted behind the front yard so long as they are not being used for habitation or business purposes and they are parked on an approved parking surface. (23) Obstructions in the visibility triangle not incompliance with the Ames Municipal Code Sec. 29.405(5) Visibility at Intersections. Sec. 30.6. Responsibility for abatement; abatement defined. (1) The owner, agent, lessee, occupant or other person in cha rge of any building or premises where any of the actions forbidden by this chapter exist, or whence any of such actions have originated, or any person responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate such action without delay. (2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating, cutting, mowing, grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abandoned buildings. Sec. 30.7. Abatement by city after notice; procedure; payment of costs. (1) In case of the failure of any person to correct, remove or abate a nuisance on written notice issued by the enforcement officer, served in the manner of an original notice, or by certified mail to the last known address of the owner, agent, lessee, occupant or other person in charge of the building or premises where the nuisance exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed depending on the urgency of the case, then and at once upon such failure the enforcement officer shall have the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed, corrected or abated. (2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or property, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and opportunity of hearing. A notice of costs of abatement will be sent to the property owner within 14 days of the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the property for collection in the same manner as property taxes as set forth in State Code Se ction 364.12(3)(h). (3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or eliminating the nuisance, the cost of investigation, such as title searches, inspection and testing, the costs of notification, fil ing costs and other related administrative costs and any other costs or expenses incurred by the city in the abatement of the nuisance. Sec. 30.8. Means of Appeal. (1) Application for Appeal. Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public Nuisance Appeals Board to determine if a nuisance exists. A request for a hearing must be made in writing and delivered to the Building Official on or before the date stated in the notice of abatement issued by the City, or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered. In the case of emergency abatement, a hearing may be requested within 14 days of the mailing date of the notice of costs of abatement. Within 14 days after the conclusion of the hearing, the Board Chairperson shall render a written decision as to whether a nuisance exists. If it is found by the Board that a nuisance exists, it shall include in the written decision what steps must be taken to abate the nuisance and the time within which such steps must be taken. (2) Appointment and Membership of the Board. (a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall serve terms in accordance with established procedures. (b) Board members shall be appointed by the Mayor with approval of the City Council. The term of office shall be for three (3) years, except for the terms of office for the Board when initially established. For the Board when initially established, the Mayor may prescribe a shorter than a full term of appointment in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for reappointment. (c) Membership shall consist of seven (7) members, one from each of the four (4) wards, and three (3) from the City at large. (3) Chairperson. The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson. (4) Disqualification of Member. A member shall not hear an appeal in which that member or an immediate family member has a personal, professional or financial interest. (5) Secretary. The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary shall file a detailed record of all proceedings with the City Clerk’s Office. (6) Compensation of Members. Members shall receive no compensation. (7) Meeting of the Board. The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the cause for seeking a delay. (8) Procedure. The Board shall adopt and make available to the public, procedures under which hearings will be conducted. (9) Board Decision. The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional time for abatement. (10) Stay of Enforcement. Appeals of a notice and order (other than an Imminent Danger notice) shall stay the enforcement of the notice and order until the appeal is heard by the Board. (11) Filing Fees. Property owners are entitled to file one appeal per nuisance violation, at no fee. Subsequent appeals shall be assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code Board of Appeals 1 ITEM #: 17 DATE: 07-18-23 DEPT: Police COUNCIL ACTION FORM SUBJECT: URINATION AND DEFECATION MUNICIPAL CODE ORDINANCE AMENDMENT BACKGROUND: At the July 11, 2023 City Council meeting, the Council referred to staff a memo from Police Chief Huff concerning Section 11.4 of Municipal Code. Recently, staff became aware of a “loophole” in this code section, which addresses the places and circumstances where it is unlawful for a person to urinate or defecate. The spirit of the code is to prohibit urinating and defecating in a public place. The current code section reads: Sec. 11.4. URINATION AND DEFECATION. No person shall urinate or defecate onto any sidewalk, street, alley, or other public way or onto the floor, hallway, steps, stairway, doorway or window of any public or private building. (Ord. No. 777, Sec. 14; Code 1956, Sec. 57-14; Ord. No. 2490, Sec. 2, 11-26-74; Ord. No. 3003, Sec. 10, 2- 23-88; Ord 4132, Sec. 11.4, 11-27-12) This current code language is very specific, and therefore requires that the observed urination or defecation must meet one of the listed areas in order to be prohibited. Staff does not believe the current language is clear enough to prosecute an instance where an individual urinates or defecates on private property in plain view of the public. This instance is sometimes the reason an officer may stop at a nuisance party where neighbors have made complaints about the party. Staff has reviewed similar code sections used in other communities and believes that the issue would be resolved if Section 11.4 was amended to include the clause: “[…] and other places reasonably viewed by the public, provided this subsection shall not apply to restrooms or public facilities designated for such purpose.” ALTERNATIVES: 1. Approve first reading of the attached ordinance to amend Sec. 11.4 of Municipal Code. 2. Do not approve the proposed ordinance. CITY MANAGER'S RECOMMENDED ACTION: The public urination and defecation section of Municipal Code is very specific, and does not clearly prohibit some acts that the public expects to be prohibited. This section is also connected to the nuisance party provisions in Municipal Code. Therefore, it is important that the urination and defecation code be clearly outlined if it is used to make a 2 determination as to whether a nuisance party is taking place. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 11.4 THEREOF, FOR THE PURPOSE OF PROHIBITING URINATION AND DEFECATION IN PUBLIC; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 11.4 Urination and Defecation as follows: “Sec. 11.4. URINATION AND DEFECATION. No person shall urinate or defecate onto any sidewalk, street, alley, or other public way or onto the floor, hallway, steps, stairway, doorway, or window of any public or private building or other place open to public view or public use, provided that this section shall not apply to private restrooms or public facilities designated for such purpose.” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2023. _______________________________ __________________________________ Renee Hall, City Clerk John A. Haila, Mayor