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HomeMy WebLinkAbout~Master - July 27, 2023, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL JULY 27, 2023 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. If you wish to speak, please complete an orange card and hand it to the City Clerk. When your name is called, please step to the microphone, state your name for the record, and limit the time used to present your remarks in order that others may be given the opportunity to speak. The normal process on any particular agenda item is that the motion is placed on the floor, input is received from the audience, the Council is given an opportunity to comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of the first reading. CALL TO ORDER: 6:00 p.m. 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 Summary of Minutes of Regular Meeting on July 11, 2023 3. Motion approving Report of Change Orders for period July 1-15, 2023 4. Resolution approving contract renewal with EMC Risk Services, LLC, Des Moines, Iowa, to provide third-party administration of the City’s Worker’s Compensation and Municipal Fire and Police “411 System” claims for August 1, 2023, through July 31, 2024 5. Resolution approving award of contract to RK Demolition, of Slater, Iowa, for demolition of City-owned property located at 621 Grand Avenue in conjunction with the City’s Community Development Block Grant (CDBG) in the amount not to exceed $77,380 6. Resolution approving award of contract for CyRide FY 2024 Fuel Purchase to Renewable Energy Group of Ames, Iowa, for fuel purchases from August 1, 2023, until June 30, 2024, at an amount not to exceed $1,572,500 7. Resolution approving preliminary plans and specifications for CyRide 2023 Shop Rehabilitation Project, setting August 23, 2023, as the bid due date and September 12, 2023, as the date of Public Hearing 8. Resolution approving contract and bond for the Furman Aquatic Center Pool Basin Repainting project with Amusement Restoration Companies, of Burnet, Texas 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. 2 PARKS & RECREATION: 9. Fitch Family Indoor Aquatic Center Update ELECTRIC: 10. Resolution authorizing staff to approve amending the contract with Macquarie Energy LLC, Houston, Texas, to extend the existing natural gas supply contract for a term of not less than one but not more than three years at a price of not more than $4/MMBtu and a total cost of not more than $14,900,000, and further authorizing a transfer of funds from the Electric Fund to Resource Recovery Fund to offset the shortfall in net revenues due to the reduction in natural gas purchased for the remainder of FY 2023/24 HEARING: 11. Hearing on a Zoning Text Amendment to allow for a Sports Practice Facility as a use within the General Industrial (GI) Zoning District of Section 29.901 of the Ames Municipal Code a. First reading of ordinance ORDINANCES: 12. Second reading of an ordinance amending Ames Municipal Code Section 11.4 regarding Urination and Defecation 13. Third reading and adoption of ORDINANCE NO. 4506 on rezoning of 314 Borne Avenue from General Industrial (GI) to Government/Airport District (S-GA) DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. SUMMARY OF MINUTES OF THE MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 11, 2023 The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 6:0 0 p.m. on the 11th day of July, 2023. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; and Linda Murken, Story County Board of Supervisors. IOWA DISTRIBUTION FORMULA FOR METROPOLITAN PLANNING ORGANIZATION (MPO) PLANNING FUNDS: Transportation Planner Kyle Thompson discussed how the current formula compared to the proposed formula, highlighting that the AAMPO would expect an approximate $2,000 increase in funding in FY 2025 if the proposed PL funding allocation methodology were used. Moved by Gartin, seconded by Murken, to support the proposed Iowa distribution formula for MPO transportation PL funds. Vote on Motion: 7-0. Motion declared carried unanimously. HEARING ON FINAL FY 2024-2027 TRANSPORTATION IMPROVEMENT PROGRAM: Transportation Planner Thompson shared that there were no substantial amendments to note. Ames Mayor John Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Junck, seconded by Murken, to adopt RESOLUTION NO. 23-393 approving FY 2024- 2027 Transportation Improvement Program. Vote on Motion: 7-0. Resolution declared adopted, signed by the Chair, and hereby made a portion of these Minutes. POLICY COMMITTEE COMMENTS: There were no comments made. ADJOURNMENT: Moved by Murken, seconded by Junck, to adjourn the meeting at 6:06 p.m. Vote on Motion: 7-0. Motion declared carried unanimously. SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 11, 2023 2 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:07 p.m. on the 11th day of July, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Tabitha Etten was also present. Council Member Gloria Betcher was absent. PROCLAMATION FOR “PARKS AND RECREATION MONTH,” JULY 2023: Parks and Recreation Director Keith Abraham accepted the proclamation with Recreation Superintendent Courtney Kort. PRESENTATION COMMEMORATING AMES’ 30-YEAR ANNIVERSARY AS SISTER CITY WITH KOSHU CITY, JAPAN: Cindy Hicks, Chair of the Ames International Partner Cities Association, provided the presentation along with Eric Smidt, Vice President of Marketing and Communications for the Ames Chamber of Commerce. CONSENT AGENDA: Mayor Haila noted that the agenda had been amended to include an Additional Item setting July 27, 2023, as a Regular City Council Meeting. He also stated that staff had requested to pull Item No. 7. Moved by Beatty-Hansen, seconded by Corrieri, to approve the consent agenda as amended less Item No. 7. 3. Motion approving payment of claims 4. Motion approving Summary of Minutes of Special Meeting on June 20, 2023, and Summary of Regular Meeting on June 27, 2023 5. Motion approving Report of Change Orders for period June 16 – 30, 2023 6. Motion approving Civil Service Candidates Additional Item: Motion setting July 27, 2023, as an additional Regular City Council meeting beginning at 6:00 p.m. 7. Motion approving new Special Class C Retail Alcohol License – Alluvial Brewing Company, 3715 West 190th Street, Pending Dramshop Review 8. Motion approving new Class C Retail Alcohol License – Rinconcito Hispano Tienda Y Taqueria, 838 Wheeler Street Suite #1 9. Motion approving ownership updates for Class F Retail Alcohol License – Green Hills Residents’ Association, 2200 Hamilton Drive, Suite 100 10. Motion approving five-day license (July 24 – 28, 2023) Special Class C Retail Alcohol License – Thirsty Pigs, LLC, 3600 University Boulevard, Pending Favorable Inspection 11. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class C Liquor License – Applebee’s Neighborhood Grill & Bar, 105 Chestnut Street b. Class C Liquor License with Living Quarters – Sportsman’s Lounge, 123 Main Street c. Class E Liquor License – AJ’s Liquor II, 2515 Chamberlain Street d. Special Class C Liquor License – Huhot Mongolian Grill, 703 S. Duff Avenue Suite#105 3 e. Class C Liquor License – 313 Bar, 115 5th Street 12. RESOLUTION NO. 23-394 authorizing the expenditure of $5,000 ($4,000 Council Operating Budget and $1,000 Ames Human Relations Commission) in support of the 2023 Symposium on Building Inclusive Organizations 13. RESOLUTION NO. 23-395 approving contract renewal for the purchase of oils, lubricants, and fluid analysis with Diamond Oil Company of Des Moines, Iowa for the Fleet Services and Transit in accordance with unit prices bid for FY 2023/24 14. RESOLUTION NO. 23-345 approving contract renewal with Pioneer Industrial Corporation, Kansas City, Missouri, for the Valve Maintenance, Related Services and Supplies Contract in an amount not to exceed $85,000 15. RESOLUTION NO. 23-396 approving contract renewal with MPW Industrial Water Services, Inc. of Hebron, Ohio for Bottle Exchange Program and Related Services Contract for the Power Plant, for one year period from date of award through June 30, 2024, in an amount not to exceed $50,000 16. RESOLUTION NO. 23-397 approving Change Order 2, the balancing Change Order, for the 2020/21 Right of Way Restoration (Standard Vegetation), a contract reduction in the amount of $42,408.46 17. Water Pollution Control Facility Biosolids Disposal a. RESOLUTION NO. 23-398 accepting completion of the FY 2022/23 biosolids contract in a final amount of $89,200.30 b. RESOLUTION NO. 23-399 awarding the FY 2023/24 contract for biosolids disposal to Wulfekuhle Injection and Pumping, Peosta, Iowa, with payment based on the unit prices bid of $5,000.00 lump sum for mobilization/demobilization and $0.0275/gallon for biosolids hauling operations, with the total contract amount not to exceed $92,187.50 Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Rick Exner, 1014 Murray Drive, Ames, spoke in regards to the proposed Minimum Property Maintenance Ordinance, sharing his support to lower the 10-foot clearance above the sidewalk. Ken Platt, 3620 Woodland Street, Ames, shared his concern regarding the removal of the stop signs at the intersection of Woodland Street and West Street, urging the City Council to consider reinstallation to ensure pedestrian safety. Mayor Haila closed the Public Forum when no one else came forward to speak. REQUESTS FROM AMES MAIN STREET FOR RAGBRAI ON MAIN ON TUESDAY, JULY 25: Crystal Davis of the Ames Chamber of Commerce and Kevin Bourke of Discover Ames were available for questions. 4 The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Junck, to approve a blanket Temporary Obstruction Permit for closed area. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Gartin, to approve 5-day (July 25-29) Class C Liquor Retail Alcohol License with Outdoor Service for Ames Main Street for closed area. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 23-400 approving closure of the following: Main Street, from just east of the Wells Fargo drive through entrance to the east entrance to the CBD lot on the 100 Block; Burnett Avenue, from Main Street to the U.S. Bank drive-through entrance; Kellogg Avenue, from the CBD lot to Main north to 5th Street; Douglas Avenue, between Main Street and 5th Street; Tom Evans Plaza. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 23-401 approving closure of 147 metered parking spaces, suspension of parking regulations and waiver of fees within closed area form 6:00 a.m. Tuesday July 25, until 9:00 a.m. Wednesday July 26. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 23-402 approving usage and waiver of electrical fees for event. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Gartin, to adopt RESOLUTION NO. 23-403 approving waiver of enforcement of Section 17.16 of Municipal Code related to minors prohibited on certain premises with respect only to proposed downtown entertainment area for event. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-404 approving waiver of enforcement of Section 17.17 of Municipal Code related to alcohol consumption in parks with respect only to Tom Evans Plaza for event. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 5 HEARING ON PROPOSAL TO ENTER INTO A SEWER REVENUE LOAN AND DISBURSEMENT AGREEMENT TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,150,000: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 23-405 instituting proceeding to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not-to-exceed $2,150,000 Sewer Revenue Bonds (SRF Loan). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Junck, seconded by Corrieri, to adopt RESOLUTION NO. 23-406 approving final plans and specifications and awarding contract to Jet Drain Services, LLC in the amount of $1,353,819.00 for the Sanitary Sewer Rehabilitation – US HWY 69 Spot Repairs. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Junck, seconded by Gartin, to adopt RESOLUTION NO. 23-407 approving contract and bond with Jet Drain Services, LLC. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON PROPOSAL TO VACATE THE EXISTING FIFTEEN FEET (15’) PUBLIC UTILITY EASEMENT LOCATED BETWEEN LOTS TWO (2) AND THREE (3), NORTH DAYTON INDUSTRIAL SUBDIVISION, FIRST ADDITION, AMES, IOWA: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 23-408 approving vacating Public Utility Easement. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON REZONING OF 314 BORNE AVENUE FROM GENERAL INDUSTRIAL (GI) TO GOVERNMENT/AIRPORT DISTRICT (S-GA): Mayor Haila opened the Public Hearing. Rod Mumm, 5620 McFarland Avenue, Ames, shared his concerns as the property owner of an adjacent parcel regarding water runoff and storm sewer intake. He further discussed pollution and litter from the Resource Recovery Plant, which he urged the City Council to address. Ralph Goebel, 1518 Wilson Avenue, Ames, shared that he was also a property owner of an adjacent parcel, and he had similar concerns regarding water runoff and land damage from erosion. 6 Mayor Haila closed the Public Hearing when no one else came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to pass on first reading an ordinance rezoning 314 Borne Avenue from General Industrial (GI) to Government/Airport District (S-GA). Roll Call Vote: 5-0. Motion declared carried unanimously. HEARING ON ZONING TEXT AMENDMENT TO THE PARKING STANDARDS FOR RETAIL SALES AND SERVICES-GENERAL TO TWO SPACES PER 1000 SQUARE FEET: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to pass on first reading an ordinance on a Zoning Text Amendment to the parking standards for retail sales and services -general to two spaces per 1000 square feet. Roll Call Vote: 5-0. Motion declared carried unanimously. ZONING AGREEMENT FOR 4098 E 13TH STREET: Planning and Housing Director Kelly Diekmann shared that the agreement was consistent with the original proposal and staff was recommending approval. Moved by Beatty-Hansen, seconded by Gartin, to adopt RESOLUTION NO. 23-409 approving Zoning Agreement for adoption of the Master Plan for 4098 E 13th Street. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. THIRD READING AND ADOPTION OF ORDINANCE NO. 4505 ON REZONE WITH MASTER PLAN FOR 4098 E 13TH STREET (JT WAREHOUSE): Moved by Gartin, seconded by Rollins, to pass on third reading and adopt ORDINANCE NO. 4505. Roll Call Vote: 5-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there were nine items to consider. The first was a letter from Ken Platt, Ames Resident about safety concerns regarding removal of stop sign. Moved by Gartin, seconded by Junck, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. A letter from Bill Zinnel, Erich Kretzinger, and Shawn Bryant, Boone County Board of Supervisors, was the second item regarding diverting construction and demolition waste from the Boone County landfill. Mayor Haila noted that the item was for information only. 7 The third item was a letter from Sam Stagg and Crystal Davis of Ames Main Street regarding Design Services for Downtown Enhancements Partnership. Moved by Corrieri, seconded by Junck, to place the item on a future agenda with additional information from staff outlining the scope of services and requested funding amount. Vote on Motion: 5-0. Motion declared carried unanimously. An email from Richard Gladon of Ascension Lutheran Church regarding the installation of traffic light at Hyde Avenue and Bloomington Road was the fourth item. Moved by Gartin, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. The fifth item was a memo from Director Diekmann regarding the presentation of feedback of Downtown Public Input Meetings on August 22, 2023. Mayor Haila noted that the item was for information only and no action was needed at this time. A letter from Ana McCracken, Ames Writers Collective requesting an Amendment to Art Capital Grant was the sixth item. Moved by Gartin, seconded by Rollins, to request a memo from staff. Vote on Motion: 5-0. Motion declared carried unanimously. The seventh item was an email from Dévon Lewis, Dennis and Carol Barrick, Helen Jensen, and Robert Ewald regarding an application for the National Register of Historic Places for the Chautauqua Park and Brookridge Addition Neighborhood. Moved by Gartin, seconded by Rollins, to direct the Planning and Housing Director to respond to the email requesting an update be provided to the City Council when the neighborhood had completed outreach. Vote on Motion: 5-0. Motion declared carried unanimously. A memo from Chief of Police Geoff Huff regarding Urination and Defecation in Public was the eighth item. Moved by Corrieri, seconded by Gartin, to request the City Attorney return with the proposed changes as outlined in an ordinance. Vote on Motion: 5-0. Motion declared carried unanimously. The last item was a memo from Director Diekmann regarding a request for a waiver to subdivide land in Story County within the Ames Urban Fringe. Moved by Gartin, seconded by Junck, to place the item on a future agenda. 8 Vote on Motion: 4-1, Corrieri dissenting. Motion declared carried. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. Moved by Gartin, seconded by Corrieri, 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. Vote on Motion: 5-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to place discussion of a sidewalk maintenance policy on a future agenda. Vote on Motion: 4-1, Beatty-Hansen dissenting. Motion declared carried. ADJOURNMENT: Moved by Gartin, seconded by Beatty-Hansen, to adjourn the meeting at 7:28 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Electric Services Ames Plant to Northeast Ankeny 161 kva Transmission Line Relocation, Iowa DOT I-35 Project 2023 1 $2,171,669.20 Primoris Electric, Inc $0.00 $0.00 Change Completion Date to 10/24/24 C. Spence KS Public Works ESRI Software Renewal 1 $66,000.00 ESRI $0.00 $500.00 M. Ritter KS Public Works Ames Downtown Plaza 6 $4,633,000.00 Henkel Construction Company $-(83,891.53) $5,806.49 K. Abraham KS Electric Services Emergency Utility Repair and Related Services Contract 3 $50,000.00 Ames Trenching & Excavating, Inc $3,000.00 $194.78 D. Kom AM $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: July 2023 For City Council Date: July 27, 2023 Item No. 3 1 ITEM # ___4___ DATE: 07/27/23 DEPT: ___HR__ COUNCIL ACTION FORM SUBJECT: CONTRACT RENEWAL FOR WORKERS’ COMPENSATION AND MUNICIPAL FIRE AND POLICE SYSTEM MEDICAL CLAIMS ADMINISTRATION BACKGROUND: The City contracts with EMC Risk Services, LLC, of Des Moines, Iowa, to provide third party administration of workers’ compensation and Municipal Fire and Police “411 System” injury medical claims. The City’s current contract with EMC for these services will expire July 31, 2023. EMC has provided a renewal contract for the same services for the period from August 1, 2023 to July 31, 2024. Services provided by EMC in this contract include workers’ compensation claims administration for all City employees, medical bill review, self-insured loss fund management, and pharmacy and medical expense consultation. EMC also performs regulatory filings and maintains an online claims database accessible to City staff. Additionally, EMC collects for medical bill review and savings identified through that process. The fees, along with actual claims expenses are charged to individual departments. The table below compares the FY 2022/23 fees to the proposed FY 2023/24 fees. There are slight increases for medical claim set up and lost time claim set up. Fee Component Fee Components FY 2022/23 Fee Components FY 2023/24 Change Claim Set Up, Incident Only $35 per claim $35 per claim 0% Claim Set Up, Medical Only $215 per claim $240 per claim 12% Claim Set Up, Lost Time $1,099 per claim $1,122 per claim 2% Medical Bill Review Fees & Reimbursement $9.50/claim 30% of Savings $10,000/bill cap $9.50/claim 30% of Savings $10,000/bill cap 0% 0% 0% 2 ALTERNATIVES: 1. Approve the contract renewal with EMC Risk Services, LLC, of Des Moines Iowa, to provide third party administration of the City’s worker’s compensation and municipal fire and police “411 System” claims for August 1, 2023 through July 31, 2024. 2. Reject the EMC renewal option and direct City staff to seek other claim s administration alternatives. CITY MANAGER’S RECOMMENDED ACTION: EMC Risk Services, LLC, has been an effective provider of professionally administered workers’ compensation claims and associated services. Its staff has been responsive and sensitive to the needs of City employees in managing their injury and disability claims. The online claims system makes cost and other data accessible to City staff and provides a frequently utilized tool for analyzing injury types and safety program effectiveness. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: 5 DATE: 07-27-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR DEMOLITION OF BUILDING AT 621 GRAND AVENUE IN CONJUNCTION WITH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) BACKGROUND: As part of the City’s 2022-23 Community Development Block Grant (CDBG) Slum and Blight Removal Program, the property at 621 Grand Avenue was purchased in March 2023. The property had been declared a dangerous building by the Inspection Division. Due to long-term abandonment, water damage from a leaky roof, and the habitation of animals, the property became contaminated with black mold, animal feces, animals, and other potential contaminants. The property still contained furniture, numerous appliances, clothing, garbage, and trash in the entire house, including the basement, and contained asbestos materials. In April 2023, staff solicited bids for the removal of the trash and debris. That work was separate from this bid, which includes asbestos removal and demolition. On June 14, 2023, an Invitation to Bid (ITB) document was posted to AmesBids, the electronic bidding site. A total of 26 potential bidders viewed the bid opportunity. On July 14, 2023, bids were received as follows: Staff has reviewed the bids and determined that the low bid from RK Demolition is acceptable. A contract award to RK Demolition must be contingent on receiving acceptable performance and payment bonds. CDBG funding under the Slum and Blight program will pay for the demolition. ALTERNATIVES: 1. Award a contract to RK Demolition of Slater, IA for the asbestos removal and demolition of 621 Grand Avenue in connection with the City’s 2022-23 CDBG Slum Bidder Base Bid Project Completion Date RK Demolition, Slater, IA $77,380.00 September 30, 2023 Keith Cooper & Sons, Inc., Ames, IA $77,675.00 August 31, 2023 J. Pettiecord, Inc., Boudurant, IA $88,750.00 August 31, 2023 Servpro Of Ames, Ames, IA $96,543.36 September 22, 2023 LinnCo, Inc., Sartell, MN $110,000.00 August 11, 2023 2 and Blight Removal Program, in the amount not to exceed $77,380 (contingent on receipt of acceptable performance and payment bonds). 2. Award the contract to another bidder. 3. Reject the bids and do not proceed with demolition of the building. CITY MANAGER’S RECOMMENDED ACTION: By awarding the contract to RK Demolition of Ames, IA, the City-owned dangerous building property at 621 Grand Avenue will be demolished and no longer be a health and safety issue in this vial core neighborhood. The demolition will allow the property to be used for a future residential use. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM#: 6 DATE: 07-27-23 DEPT: Transit COUNCIL ACTION FORM SUBJECT: CYRIDE AWARD OF CONTRACT FOR FY 2024 FUEL PURCHASES BACKGROUND: Since 2015, CyRide has been buying fuel using twelve-month contracts that determine the purchase price based on a market rate plus a markup (or less a deduction). Bidding fuel contracts for a twelve-month period reduces administrative costs while still allowing CyRide to take advantage of competitive bidding. CyRide released a fuel bid in May of this year which resulted in a single bid response. The single bid was rejected by the Transit Board and staff was directed to rebid the fuel contract to seek additional competition. On June 29, 2023, CyRide, with the assistance of the Purchasing Division, released an Invitation to Bid for the purchase of diesel fuel from August 1, 2023, through June 30, 2024. The procurement documents set a contract not -to-exceed amount equal to CyRide’s fuel budget of $1,572,500 for fiscal year 2023/24. Bids were due July 13, 2023, and three suppliers submitted bids. The table below reflects the markup/deduction each supplier offers from the market rates. Bid No. 2023-228 (8/1/23 – 6/30/24) #1 Dyed ULSD Diesel #2 Dyed ULSD Diesel Biodiesel Magellan’s Cold Flow Improver Renewable Energy Group (REG) $0.0275 $0.0300 -$1.0000 $0.0100 Mansfield Oil Company -$0.0071 $0.0261 -$0.5770 $0.0300 New Century FS $0.3000 $0.3000 $0.3000 $0.0400 Upon reviewing the three responses, the bid was determined to be competitive and a reflection of current market conditions. CyRide staff performed a bid analysis based on the quantities of fuel consumed from July 1, 2022, through June 30, 2023. Based upon this analysis (attached), Renewable Energy Group was determined to be the lowest overall bidder. While Mansfield Oil Company had the larger discount on #1 and #2 diesel, REG provided the best total price overall due to a more substantial discount on biodies el. The Transit Board of Trustees approved award of contract and the not-to-exceed amount at its meeting on July 20, 2023. 2 ALTERNATIVES: 1. Award a contract to Renewable Energy Group of Ames, Iowa, for fuel purchases from August 1, 2023, until June 30, 2024, at a not-to-exceed amount of $1,572,500. 2. Reject all bids and do not award a fuel contract. CITY MANAGER’S RECOMMENDED ACTION: The bid from Renewable Energy Group of Ames, Iowa reflects the lowest price for CyRide to purchase fuel for the FY 2023/24 budget year while reducing administrative costs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. #1 ULSD #2 ULSD 5% Biodiesel Magellan's Cold Flow Improver $0.0275 $0.0300 -$1.0000 $0.0100 -$0.0071 $0.0261 -$0.5770 $0.0300 $0.3000 $0.3000 $0.3000 $0.0400 #1 ULSD #2 ULSD Biodiesel Magellan's Cold Flow Im rover Total Gallons Diesel & Biodiesel Total Budget Amount 20,000 260,000 16,000 84,000 296,000 $814,000.00 $3.20 $2.70 $5.89 $64,550 $709,800 $78,240 $840 $853,430.00 $63,858 $708,786 $85,008 $2,520 $860,172.00 $70,000 $780,000 $99,040 $3,360 $952,400.00 Pro Forma Fuel Budget Annual Gallons PriceAssumptions Bid No. 2023-228 New Century FS Responses Mansfield Oil Company Renewable Energy Group Renewable Energy Group Mansfield Oil Company New Century FS 1 ITEM#: 7 DATE: 07-27-23 DEPT: Transit COUNCIL ACTION FORM SUBJECT: CYRIDE 2023 SHOP REHABILITATION PROJECT PLANS AND SPECIFICATIONS BACKGROUND: In September 2022, CyRide received $581,566 in Iowa DOT Public Transit Infrastructure Grant (PTIG) funding for the Shop Rehabilitation project. The shop area was originally constructed in 1983 and is no longer fully meeting CyRide’s needs. This project aims to consolidate bus parts into one location, improve maintenance employees’ work environment, support employee efficiency, and adjust workspaces to enhance safety. The scope of this project includes the following improvements: • Remove existing half-walls within the maintenance fabrication area. • Install new precast concrete floor panels to connect the east and west maintenance mezzanines, creating additional second-floor storage space adjacent to the shop. • Construct a ground-level wall and add two doors to isolate the repair bays from the office and parts areas to help control sound pollution and vapors between the spaces. • Move the mop sink, wash fountain, and supplies closer to the shop repair bays to improve the mechanics’ workflow. • Move the eye wash closer to the repair bay work areas to improve safety. • Switch the welding and fabrication area with the parts room to isolate airborne particulates, noise pollution, and visual welding hazards to improve safety. Additionally, this modification allows easier de livery of parts, with the parts room being directly inside the vendor delivery area. • Rework the maintenance office area to create a more practical layout for the current number of employees and create a space for the Maintenance Coordinator to have supervisory conversations. • Improve the fire alarm and suppression system to bring the reworked spaces up to code. The cost estimate from the architectural and engineering consultant is $750,000, including an 8.7% contingency fund. CyRide has the following funding available for this project, which was included in the FY 2023/24 Capital Improvements Plan: 2 Funds Available Dollars State PTIG Funds $581,566 Local Funds $168,434 Total Project Funding $750,000 If approved by Council, CyRide staff will work with the Purchasing Division to bid the project. Listed below is the proposed schedule for this project. Date Project Element July 27, 2023 City Council approval of plans & specifications July 28, 2023 Project release August 23, 2023 Bids due August 31, 2023 Transit Board report of bids and award of contract September 12, 2023 City Council report of bids award of contract At the July 20, 2023, meeting, the Transit Board approved project plans and specifications for the CyRide 2023 Shop Rehabilitation Project. Architectural drawings and specifications are now on file in the City Clerk’s Office. ALTERNATIVES: 1. Approve the release of plans and specifications for the CyRide 2023 Shop Rehabilitation project, set the bid due date as August 23, 2023, and establish September 12, 2023, as the date of report of bids to the City Council. 2. Do not approve the plans and specifications for this project. CITY MANAGER’S RECOMMENDED ACTION: Approval of the plans and specifications would allow CyRide to update outdated shop areas to significantly improve safety, air quality, noise pollution, storage space, and office layouts. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. MEMO City Clerk’s Office To: Mayor and Members of the City Council From: City Clerk’s Office Date: July 27, 2023 Subject: Contract and Bond Approval There is no Council Action Form for Item No. 8. City Council approval of the contract and bond for this project is simply fulfilling a State Code requirement. /cmw 1 Staff Report FITCH FAMILY INDOOR AQUATIC CENTER UPDATE July 27, 2023 BACKGROUND: There are three design phases when proceeding with a large project such as the Fitch Family Indoor Aquatics Center:  Schematic Design (SD)  Design Development (DD)  Construction Documents (CD) In each phase, the design of the facility is further refined, along with the cost estimates. Included in the 2023-28 Capital Improvement Plan (CIP) is a total estimated budget for the Fitch Family Indoor Aquatic Center of $33,705,972. SCHEMATIC DESIGN PHASE: On March 28, 2023, staff reviewed with Council the results of the Schematic Design (SD) Phase of the project. The estimated construction cost, excluding the walking track addition, at that time was $23,658,905, which was $3,158,905 above the budgeted $20,500,000. At that meeting, the City Council clarified its priorities for the project so staff could use these to make decisions to reduce the estimated construction cost. The priorities of the Council included:  Quality and longevity of materials  Energy efficiency  Minimizing maintenance  Impact on operations  Service levels  Sustainability Through Schematic Design value engineering, the design team was able to reduce the estimated construction cost by $3,039,023 to a new estimate of $20,619,882, excluding the walking track addition. The value engineering changes include, but are not limited to, the following: 1. Changing floor finishes 2. Eliminating two universal/family change rooms 3. Having painted concrete walls instead of studs and drywall 4. Having painted exposed structure instead of Acoustical Ceiling Tiles 5. Reducing the square footage of the building 2 6. Staining the exterior of the pre-cast concrete panels in lieu of stone veneer 7. Reducing interior glass 8. Reducing exterior glass 9. Reducing HVAC budget 10. Lowering all walls and structure one foot 11. Reducing width of aisles in parking lot DESIGN DEVELOPMENT PHASE: During the most recent Design Development phase, several steps occurred to better define what the building will look like and begin identifying equipment needs and material quantities. These steps include reconciling differences between cost estimates and developing a second set of value engineering options. FLOOR PLAN OPTIONS: The Design Development Phase also included the refinement of two floor plan options: 1) A Base Bid (which includes the aquatic components and related amenities), and 2) A Base Bid and Add Alternate (which adds a walking track and multipurpose space). At a previous meeting, City Council directed staff to split the project as described due to concerns regarding whether there was sufficient funding to build the larger version of the project. Spaces in the base bid include a six-lane 25-yard lap pool, zero-depth entry pool with a current channel, therapy pool, one body slide, men’s and women’s locker rooms, six universal/family change rooms, wet classroom/party room, check-in area, lobby with two universal restrooms, and support spaces. The add alternate includes a walking track, multipurpose space, and two additional universal restrooms. The two floor plans are shown below: Base Bid – 31,950 Gross Square Feet 3 Base Bid Plus Alternate – 38,900 Gross Square Feet BUILDING RENDERINGS: A majority of the building is currently designed with a combination of colored and non- colored pre-cast concrete insulated panels. A portion of the south facing wall will be a combination of glass and concrete, as this will be the most visible side of the building. Some glass will have a treatment to minimize glare on the pool surfaces. The structure is designed to support solar panels on the roof as well as HVAC equipment. Floor finishes include brushed concrete, polished concrete, ceramic tile, carpeting, and resilient flooring (add alternate only). Interior walls will include pre-cast concrete panels, concrete block, and gypsum board. Lighting will be LED and supplemented with natural light where possible. Renderings below from different angles show the base bid and the base bid with alternate. Final colors are yet to be determined. Base Bid – Looking North 4 Base Bid Plus Alternate – Looking North Base Bid – Looking Northwest Base Bid Plus Alternate – Looking Northwest 5 Base Bid – Looking South Base Bid Plus Alternate – Looking South Base Bid – Looking Southwest 6 Base Bid Plus Alternate – Looking Southwest DESIGN DEVELOPMENT COST ESTIMATE: In the Design Development Phase, the estimated construction cost for the base bid only has been revised to $21,481,717, or $981,717 more than the $20,500,000 originally budgeted for the construction of the project (excluding the construction of the walking track addition). This amount is indicated in Table 1, below, in the “Design Development Estimate” column. This estimate was created using today’s prices and adding a 2% escalator since bidding will not occur until later this year. All the other items are either actuals (land), contracted amounts (design, construction manager), or allotments set by staff (the remainder of the items). Following the Design Development phase, a second round of value engineering occurred to identify cost-reducing opportunities that save a total of $888,224 (see Attachment A). This effort resulted in a new estimate of $20,593,493, or $93,493 more than what is budgeted for construction excluding the walking track addition (see column 3 of Table 1, below). WALKING TRACK ADD ALTERNATE: In April 2022, the cost estimate from Stecker-Harmsen for the walking track add alternate was $3,000,000. At the end of Schematic Design, the estimate was revised to $2,391,236. The estimated cost for the add alternate is now $1,800,000. This amount has been added to the overall project costs in Table 1. This estimate assumes the Alternate is added to the base bid and completed at the same time. 7 Table 1. Fitch Family Indoor Aquatic Center Estimated Expenses Table 2 outlines the funding sources for the project. Column one (“Original Budget”) reflects the information included in the CIP, which was sufficient to finance the construction of the Base Bid portion of the project (using estimates known at that time). The second column shows the potential funding based on the most recent information. The difference between the two columns in funding comes from three sources, 1) G.O. Bonds, 2) Donations, and 3) American Rescue Plan Act (ARPA) funds. Original Budget Potential Funding Hotel/Motel Tax $ 64,893 $ 64,893 G.O. Bonds 19,334,284 *20,854,146 Geitel Winakor Donation Fund 1,950,000 1,950,000 Donations 8,356,795 8,361,745 Community Attraction & Tourism (CAT) Grant **500,000 -- Story County Contribution 500,000 500,000 ARPA Funding -- 868,681 Total $ 30,705,972 $ 32,599,465 *Council authorized up to $21,200,000 in G.O. bonds on September 14, 2021 Donations have increased by $4,950. As explained during CIP presentations, $868,681 in ARPA funds was set aside for this project, but not included in the Original Budget. While Council authorized issuing up to $21,200,000 in G.O. Bonds, only $19,334,284 is reflected in the original budget. Therefore, the authority exists to Projected Budget Design Development Estimate Design Development with Value Engineering Conceptual Design/ Environmental Testing $ 64,893 $ 64,893 $ 64,893 Land 2,900,000 2,900,000 2,900,000 Relocate Electric Lines 75,000 75,000 75,000 Design 1,783,850 1,783,850 1,783,850 Remediation/Mitigation 1,000,000 1,000,000 1,000,000 Construction Manager (CM) 1,392,229 1,392,229 1,392,229 Soils, Survey, Testing (SST) 390,000 390,000 390,000 Construction 20,500,000 21,481,717 20,593,493 Furniture, Fixtures, & Equipment (FFE) 500,000 500,000 500,000 Base Bid Project Subtotal 28,605,972 29,587,689 28,699,465 Contingency 2,100,000 2,100,000 2,100,000 Add Alternate – Walking Track Addition 3,000,000 1,800,000 1,800,000 Total Project $ 33,705,972 $ 33,487,689 $ 32,599,465 Table 2. Fitch Family Indoor Aquatic Center Estimated Revenues 8 issue an additional $1,865,716 in bonds for this project. CAT Grant Funding – The original budget included an anticipated $500,000 CAT grant to support the project. Staff submitted an application for these funds, but was recently notified that the City did not receive an award. Staff has been encouraged to reapply in August 2023. However, based on the most recent Design Development cost estimates, there appears to be sufficient funding without the CAT grant to construct the project. CAT grant funds are not typically awarded except as “last dollar” funds necessary to cover any gap in the funding and allow a project to proceed. Therefore, the “Potential Budget” column of Table 2 reflects receiving no CAT grant funds and issuing another $1,519,862 in G.O. Bonds. Although the CAT grant funds would not likely be awarded to the project at this stage due to the construction estimates indicating the project can be built within the existing funding, staff believes it is important to remain prepared to apply for a CAT grant. This is for several reasons: 1) the project cost estimates may still fluctuate before the design is finalized, 2) the actual construction bids received may exceed the design estimates, and 3) there exists potential for environmental remediation costs exceeding the budgeted amount for remediation as the project moves forward. If any of these situations occur, the project cost could begin to exceed the available funding and justify a CAT grant application. ADDITIONAL MISCELLANEOUS ACTIVITIES: In the past few months, staff also has been working on several miscellaneous activities related to the overall project. Two of these activities are explained below. Geothermal Wells – The Iowa Department of Natural Resources (IDNR) determined that vertical geothermal wells will not be allowed at the site due to the potential risk of contaminating the aquifer below the property. However, IDNR indicated horizontal wells may be a possibility; but required five additional borings to be drilled to a depth of 45 feet prior to deciding whether horizontal wells could be feasible. On May 22-23, Impact7G drilled the borings with one of the borings remaining as a monitoring well. After reviewing the results, IDNR has given limited approval to proceed with a horizontal well field in accordance with the details included in Attachment B. This limited approval confines the geothermal well field to the northwest portion of the site. In addition, approval is required from Story County, and the IDNR requires specific construction methods to be used during the installation of the wells. In conversations with KCL Engineering (sub-consultant), there is an energy efficiency benefit to pursuing geothermal wells. Therefore, the geothermal wells are included in the project design. 9 Stormwater Management – Discussions continue between City staff and consultants regarding managing stormwater. The options for stormwater management are either: 1) on-site management or 2) combination of on-site and off-site management. In both options, a bioretention cell will be situated in the southwest corner of the site. With Option 1, managing all stormwater on-site is possible if permeable pavers and underground storage is part of the design. The cost of the pavers and underground storage alone is approximately $192,000. The second option of managing some stormwater off-site within the same watershed has an estimated cost of $60,000. Therefore, staff is continuing to pursue Option 2, and as a result the estimated project cost currently reflects this lower cost option. STAFF COMMENTS: If the Design Development estimates hold true for a total project cost of $32,549,465, it appears that there are sufficient funds to finance the base project along with the walking track addition, and only need to issue a total of $20,854,146 out of the $21,200,000 in G.O. Bonds authorized by the City Council. This total is $345,854 less than the maximum amount of bonds that the Council has the authority to issue. Although it appears with the current estimates that there is sufficient funding for the project (including the walking track add alternate) under the current bond authorization, Council should remember that one final project cost estimate will be prepared at the completion of the Construction Document phase, prior to soliciting construction bids. Council is not being asked to make any decisions on July 27, but is instead asked to learn and understand what has been happening regarding this project. NEXT STEPS: Moving forward, staff and the Design Team will work on the following items:  Begin the Construction Documents Phase.  Seek approval from Story County for the geothermal well field.  Finalize the stormwater management plan, with a preference for partial off-site management, if possible.  Secure final Iowa Department of Public Health (IDPH) approval for the aquatics portion of the design.  Submit plans to the City’s Development Review Committee (DRC) for approval.  Provide Council with updated cost estimates at the end of the Construction Documents phase. 10 o If the cost estimates that the end of the Construction Documents phase exceed the available budget, staff will present options to the City Council for alterations or cuts to the project to meet the available funding. o In the event that cost estimates are significantly less than the available funding, staff will identify possible add-alternates to incorporate into the bid package. Cost Reduction/Value Analysis Fitch Family Indoor Aquatics Center Ames, Iowa Description Amount Raise Height of Bottom Elevation of Equipment Screen $ (5,964) Lower Height of Top Elevation of Equipment Screen $ (7,946) Reduce Strip Exterior Curtain Wall/Storefront $ (27,730) Modify Angle of South Face $ (18,919) Reduce Interior Aluminum Storefront $ (12,929) Standard Side Folding Partition in Lieu of Vertically Folding Partition $ (126,432) Delete 10 Parking Stalls $ (9,363) Seed in lieu of Sod $ (36,575) Delete permeable pavers, rock storage layers, detention, subdrainage $ (191,995) Offsite Stormwater Management $ 63,630 4" Slab on Grade in lieu of 5" $ (14,600) Remove Stain from Precast $ (98,009) Add Integral Color to Precast (Everywhere but East, West and North Natatorium) $ 52,451 Eliminate Exterior Door in Double Door Location $ (24,728) Single Wall Aluminum Spiral Duct Non-Insulated in Natatorium $ (86,961) Pendants in lieu of custom lighting @ lounge area $ (12,726) Omit tile boarder at Recreation and Lap Pools $ (98,096) Carefully Manage Design Contingency Thru CD's $ (231,332) TOTAL OF COST REDUCTIONS $ (888,224) Design Development Phase Construction Cost Estimate $ 21,481,717 Total of Cost Reductions $ (888,224) Design Development Construction Cost Estimate with VE $ 20,593,493 WALLACE BUILDING, 502 E 9TH ST, DES MOINES IA 50319 Phone: 515-725-8200 www.IowaDNR.gov Fax: 515-725-8202 June 26, 2023 Mr. Keith Abraham 515 Clark Ave Ames, IA 50010 Dear Mr. Abraham, The Iowa DNR Private Well Program has completed their assessment for the potential to install a horizontal geothermal system for the future Ames Aquatic Center located at 122 North Oak Avenue, Ames, Iowa. The original idea of a vertical geothermal system is not approved by the DNR due to concerns with contamination from nearby sites migrating downward when drilling through the glacial till and into the underlying sand and gravel aquifer, which is the Ames community water supply source delineated within the 2-year capture zone (Figure 1 – attached). The location is south and west of multiple historical manufacturing, oil, and gas facilities (Figure 2 from LSI by Impact 7G, 06/14/2023). Limited Subsurface Investigations (LSI) were performed on April 2, 2022 and June 7, 2022 by Impact 7G, which revealed petroleum contamination of the groundwater at the northeast corner of the site, including volatile organic compounds (VOCs), total extractable hydrocarbons (TEHs), and polycyclic aromatic hydrocarbons (PAHs). The DNR requested additional borings in order to better delineate the extent and boundaries of contamination in the soil and groundwater. The latest LSI was performed on May 23-24, 2023. In summary of all LSIs, groundwater contamination for petroleum related chemicals above state-wide standards (SWS) has been found at TMW-1 (VOCs), TMW-2 (VOCs and TEHs), Sump #2 (VOCs), Sump #3 (TEHs), TMW-4 (VOCs and PAHs), and TMW-10 (VOCs and SVOCs). Based on the findings of the LSIs, the DNR gives a limited approval for horizontal geothermal application on the northwest portion of the property (see the marked-up Figure 3 from LSI by Impact 7G, 06/14/2023). This approval is conditional upon the following: •Story County must approve and permit the geothermal system •Installation and drilling in the red shaded area of Figure 3 is prohibited •System depth must not exceed 45 feet or penetrate into the sand and gravel aquifer, whichever is shallower •If contamination is suspected at anytime during drilling or system installation, the contractor must immediately cease work and notify the DNR Spill Hotline 515-281-8694 •The boreholes must be fully grouted and checked for subsidence 24 and 48 hours upon completion •Any subsidence must be addressed by grouting back to the ground surface and rechecking in 24 hours If you have any further questions, please feel free to call me. Kind regards, Erik Day Environmental Specialist Senior Water Supply Engineering Section 515-402-7981 CC: Carmily Stone – Water Supply Engineering Supervisor – Iowa DNR Deb Williams – Geologist 3 – Iowa DNR Kimberly Grandinetti –Environmental Health Director – Story County Matthew Cory – Environmental Specialist – Story County Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community 0 180 36090 Feet Property Location Map Figure 2. Property Location Map Iowa DOT Property 122 N. Oak Avenue Ames, Iowa 50010 [ North Property Foororororororororororomememmemerererrrermeerm Sample Location Map  North Fig. 3 Sample Location Map The City of Ames 122 N. Oak Avenue Ames, Iowa 50010 1st Round LSI Borings 2nd Round LSI Boring/Sump Locations 3rd Round Borings for Geothermal 1 ITEM #: __10__ DATE: 07-27-23 DEPT: _ELEC._ COUNCIL ACTION FORM SUBJECT: AMENDMENT TO ELECTRIC SERVICES NATURAL GAS SUPPLY CONTRACT BACKGROUND: The Power Plant typically burns between 8,000 and12,000 MMBtu of natural gas daily in either of its two boilers. The natural gas, along with refuse-derived fuel (RDF), are combusted to generate electricity. On October 15, 2015, Macquarie Energy LLC was awarded a 5-year fixed price contract for the purchase of 12,000 MMBtu/per day of natural gas for Electric Services. Subsequently, a 3-year extension was added which brings the current contract period through December 31, 2023. The contract has created efficiency, flexibility, and affordability in the purchase of a valuable commodity, ensuring that the City has reliable service while creating stable generation costs. In consultation with the City’s natural gas consultant, City staff has determined that between now and September is a prudent time to secure a price and add one to three years of supply to the existing contract. There are several aspects of a natural gas contract extension which need to be explained further. These include the price volatility, impact on electric rates, and impacts to the Resource Recovery utility. The challenge in arranging a contract extension or soliciting bids on a new gas contract is determining the price at which to commit. In the natural gas market, quoted prices expire within a 24-hour period, which is less time than is necessary to provide notice of a City Council meeting and approve the contract. When staff negotiated the original contract, the process was handled similarly to the sale of the City’s bonds. The Council Action Form did not have prices, nor did it identify the preferred supplier. Bidders faxed their prices to staff hours before the City Council meeting and a summary report was handed out during the Council meeting where a decision was made. Although this approach provides competitive pricing between several suppliers at a single point in time, it may lock the City into a price that would have been much lower if solicited at a different time of the year. For the 2024 contract, staff is proposing an alternative to the bid-and-award system previously used. The current contract has a fixed price for natural gas set at $2.77 per MMBtu. Future price estimates for one-to-two years out show natural gas futures in the $3.50 - $5.60 MMBtu range. The prices are higher than the current contract for a variety of reasons: customer demand, supply constraints, production cost increases, the uncertainty related to the Russia-Ukraine war, weather forecasts, and other factors. 2 As these prices fluctuate between Council meetings, staff is requesting the authority to commit the City to a one-, two-, or three-year extension with a goal to keep cost increases to electric customers to no more than 5%. At current natural gas contract prices, the potential increase is dependent on market timing and the amount of gas purchased. It is important to note that the daily gas allotment, if unused by the Electric utility due to scheduled or unscheduled outages, can be sold back to the market at spot prices. At times when the gas can be sold back and spot prices are high, this can be advantageous to the Electric utility. However, if the spot prices are very low, then the gas must be sold by the Electric utility to the market at a loss. IMPACT TO ELECTRIC CUSTOMER BILLS: The natural gas purchased by Electric represents more than 20% of the overall Electric utility budget. These natural gas fuel purchases (and sales, if they occur), along with the cost of purchased power from the market (and sales to the market) are summed monthly on a rolling 12-month basis, and are converted into an Energy Cost Adjustment (ECA). The ECA can be either positive or negative, and is an adjustment to the electric rates adopted by the City Council, applied to customers’ bills each month. The approved FY 2023/24 operating budget includes $13,980,000 for the purchase of natural gas to operate the Power Plant. This amount reflects an anticipated 3% cost increase to Electric customers through the ECA compared to the current gas pricing of $2.77/MMBtu. If, for example, staff was able to sign a natural gas contract at $3.65/MMBtu for the purchase of 12,000 MMBtu per day, Electric customers would experience an approximately 7.2% increase in electric bills (as adjusted through the ECA) compared to the current gas contract (or an additional 4.2 percentage point increase compared to what was budgeted). In another example, at $4/MMBtu the increase to customers’ electric bills would be closer to 10.2% (an additional $3.5 million to the Electric Services budget). This rate sensitivity was first shared with City Council in a Manager’s Alert memo dated August 16, 2022, and has been the topic of detailed discussion at EUORAB for the past year. IMPACT TO RESOURCE RECOVERY/HAULERS/BOONE COUNTY LANDFILL: The 12,000 MMBtu of natural gas per day that is currently procured is sufficient to operate the Power Plant’s Unit #8. This larger unit can consume approximately 30,000 tons of RDF per year if RDF is available and the unit is operating continually. Unit #7 consumes up to 8,000 MMBtu/day which would consume closer to 20,000-24,000 tons/year of RDF. Unit #8 is relied upon to operate more frequently by the Power Plant because it is able to dispose of RDF at a faster pace than Unit #7. If Unit #7 is operating because Unit #8 is unavailable, the volume of RDF produced oftentimes outpaces the ability to burn it all, 3 resulting in periods where Resource Recovery is unable to process all of the MSW which would result in additional material being diverted to the Boone County Landfill (BCL). Typically, this diversion is handled by instructing the haulers to transport MSW directly to the Boone County Landfill. It is possible, however to also accommodate this situation by increasing the reject rate at Resource Recovery. If haulers are diverted, there are a variety of impacts: First, although haulers save $5.50/ton on tipping fee costs at the Boone County Landfill compared to Resource Recovery, they must drive longer distances, resulting in higher labor and fuel costs. Second, the additional material being sent to the Boone County Landfill places additional pressure on the landfill operation (both in terms of using available capacity and the additional staffing the landfill needs to arrange to handle the influx of Story County garbage trucks). Third, recyclable material is not being removed from the solid waste through processing before it is landfilled. Additionally, hauler diversions result in losses of revenue for the Resource Recovery operation since tipping fees are not being collected and RDF and recyclable materials are not being sold. Although there is less expense for Resource Recovery since it is not processing (less electricity and maintenance expenses), the fixed costs remain for the operation, and therefore the overall impact to the Resource Recovery utility can be significant. ALTERNATIVES: There are several alternative strategies that could be pursued to purchase the natural gas, each of which has different advantages and disadvantages. Under Alternatives 1, 2, and 4, the City Council would authorize staff to approve an amendment to the contract with Macquerie Energy LLC, Houston, TX, to extend the existing natural gas supply contract for a term of not less than one but not more than three years for the gas quantities described in each alternative. If staff is authorized to approve such an amendment, staff would then report back to the City Council after the contract has been approved. The report would include staff’s estimates of cost impacts to the Electric customers and Resource Recovery Utility. The alternatives are: ALTERNATIVE # 1: Purchase 12,000 MMBtu/day In this option, enough natural gas would be purchased to combust a theoretical 30,000 tons of RDF in a year, meaning that any diversions of refuse haulers to the landfill would only be the result of planned or unplanned outages at either the Power Plant or at Resource Recovery. This option provides the most predictability to Resource Recovery, along with the haulers and Boone County Landfill, but will likely result the highest cost alternative to Electric customers. Gas allotments that are not used for the day can be sold back on the spot market; however, this alternative results in very little of the utility’s gas allotment being sold back. 4 It is important to note that the adopted FY 2023/24 Electric Fuels budget contains only enough funding to purchase this quantity of gas if it was at or below $3.19/MMBtu. Based on current pricing, staff believes it is unlikely that gas can be secured at this price. If the 12,000 MMBtu/day was purchased at the anticipated price of approximately $3.65/MMBtu, then the annual cost would be $15,987,000, which exceeds the Electric Fuels budget by $2,000,000. This excess cost would be offset by increased revenue from customers through the ECA; the result of this option is an approximately 7.2% increase in customer electric bills through ECA adjustments compared to the current natural gas contract. ALTERNATIVE # 2: Purchase only 8,000 MMBtu/day In this option, enough gas would be purchased to guarantee the operation of Unit #7 for the entirety of the year (or at a reduced load level on Unit #8). This would allow for 20,000-24,000 tons of RDF to be consumed by the Power Plant, at a minimum. This reduction in RDF throughput by approximately 1/3 would result in garbage haulers being diverted to the landfill approximately two days per week. These diversions would have the negative impacts to the haulers, Boone County Landfill, and the Resource Recovery operation as described earlier in this report. Alternatively, Resource Recovery could adjust the later steps of the processing to allow for more rejects to be created from the MSW received. This would allow for the haulers to continue to unload at Resource Recovery and for the recyclables to be separated rather than being directly hauled to Boone County Landfill. BCL would receive a lower volume of waste compared to sending unprocessed waste directly to BCL. If the 8,000 MMBtu/day could be secured at the anticipated price of $3.65/MMBtu, the Electric Fuels budget would have approximately $3.3 million remaining. This funding could be held in reserve and used in one of two ways: 1) To purchase additional gas on the spot market when the pricing is favorable (most likely in summer months), increasing the amount of RDF that could be consumed from time to time. The result would be consumption of some amount of RDF greater than 20,000-24,000 tons per year. 2) Alternatively, if the long-term contract pricing for natural gas was to drop considerably, the $3.3 million could be used to purchase an additional supply of up to 4,000 MMBtu/day for the year. However, staff does not have confidence that such a dramatic price drop is likely to occur. This option results in the least potential for electric bill increases, but results 5 in the greatest amount of material being sent to the landfill, impacting the haulers, Resource Recovery, and Boone County. ALTERNATIVE # 3: Purchase gas only on the spot market (no secure gas contract) This option would eliminate the use of a secure contract and would require the daily gas needs to be purchased on the spot gas market. The Electric Utility would be subject to considerable volatility in gas prices, particularly in the winter months when demand for gas is the highest. It is not possible to project the potential cost to customers for this alternative. Because of the time required to startup and shutdown the Electric boilers and Resource Recovery operation, it would not likely be feasible to plan for purchasing electricity on the market when electric grid prices are low and burning RDF only when electric grid prices are high. Therefore, this option exposes the City to extreme volatility with little potential benefit. The only real benefit that can be seen today is that spot gas prices have remained below $2.75/MMBtu since early February 2023. ALTERNATIVE # 4: Purchase 8,000 MMBtu/day for November through March, and 12,000 MMBtu/day for April through October at a cost not to exceed $4/MMBtu (with slight variations due to market conditions) and either: (A) Divert haulers directly to Boone County Landfill approximately 2 days/week in winter months, OR (B) Continue to accept hauled waste during the winter months but increase the volume of reject materials This option allows the seasonal differences in gas prices to be “smoothed out” to arrive at a consistent price per MMBtu. This option would allow RDF to be burned at full capacity for April through October, and at reduced capacity for November through March (see chart below). 6 Impact to Electric Customers: The adopted amount in the natural gas fuels budget would allow for this gas to be purchased for calendar year 2024 at a price of $3.68/MMBtu, which is the lowest price staff has seen recently. Assuming this price is attained, customers would experience the anticipated Electric bill increase of 3%. Actual expenditures will not be known until a contract is executed. Please note from the attached memo, this option is the preferred strategy by EUORAB (Attachment 1). However, some of the example pricing in the memo is different than this Council Action Form, illustrating the changes in market pricing over the course of the last several months (also note that the memo uses the unit “dekatherms,” which is equivalent to MMBtu). Impact to Resource Recovery, Haulers, and Boone County Landfill: Staff believes approximately 27,000-27,500 tons of RDF (2,500-3,000 tons of RDF less than Alternative #1) could be consumed by this approach. During the time when capacity is reduced (November through March), Resource Recovery would have to increase the proportion of MSW being converted into rejects, or haulers would have to divert directly to the landfill approximately two days each week. Although this option does not provide the guaranteed ability to burn all of the RDF generated, it makes the timing of diversions more predictable. The Power Plant and Resource Recovery could also use this timing predictability to schedule planned outages at optimal times (Unit 7 in the summer, Unit 8 and/or Resource Recovery in the winter). 7 With insufficient gas to consume all the RDF generated during January-March and November-December 2024 under this alternative, there are economic impacts to the Resource Recovery Utility. Attachment 2 details these potential financial impacts. ALTERNATIVE 4A: If haulers are not allowed to tip their MSW approximately two days per week during the reduced-throughput winter months because of the high price of gas, the Resource Recovery utility would experience a net negative budget impact of $98,000 (estimated) in FY 2023/24. This impact takes into consideration lost tipping fee revenue, lost RDF sales, lost recyclable sales, and decreased operating expenses. Haulers and the Boone County Landfill would be negatively impacted as a result of drive times to the landfill and increased material quantities disposed of there, respectively. ALTERNATIVE 4B: As an alternative to sending the haulers directly to Boone County Landfill two days per week, it would be possible for Resource Recovery to continue to accept and process the MSW, but increase the percentage of material that is converted into rejects (as opposed to RDF). This accomplishes several things: 1) It significantly reduces the amount/times haulers would be asked to directly divert to BCL, 2) Resource Recovery would be able to remove recyclable metals from the MSW, and 3) BCL would receive ground material, which takes up less volume in the landfill. However, this approach would increase Resource Recovery’s hauling and disposal costs. This results in an estimated loss of up to $125,000 in revenue for Resource Recovery for the remainder of FY 2023/24 ($246,913 annually). CITY MANAGER'S RECOMMENDED ACTION: Over the past several years, the City has benefited from extremely advantageous guaranteed natural gas prices through the expiring long-term contract. The natural gas futures pricing is considerably higher than the expiring terms. Staff is concerned that the window for prices to drop is closing, and prices will again begin rising as cold weather and market uncertainty approach. There does not appear to be a risk-free option available to the City Council. The strategy with the least impact to electric customers also has the highest impact to Resource Recovery System, and vice versa. Staff believes the best strategy is Alternative #4B, which calls for a blended cost not to exceed $4/MMBtu, and secures enough natural gas on contract to burn 90% of the RDF that could be consumed in a typical year. This would include approval to increase the natural gas fuels budget from $13,980,000 to $14,900,000. At $14,900,000 this represents a 5.0% increase which would be passed on to Electric customers through the Energy Cost Adjustment. This increase is 2 percentage points more than was anticipated with the adopted FY 2023/24 fuels budget. 8 Alternative #4B calls for continued acceptance and processing of MSW during the winter months at the Resource Recovery Plant rather than sending haulers directly to Boone County Landfill for part of the time. The portion of material being converted to rejects (as opposed to RDF) would be increased. If Alternative #4B is supported by the City Council, it becomes increasingly important to reduce the volume of waste being received at the Resource Recovery Plant immediately and subsequently allow Resource Recovery to divert haulers as little as possible by increasing rejects when necessary. Staff would time future planned outages at the Power Plant and Resource Recovery Plant to occur in the winter months when there is less available natural gas. Additionally, staff would immediately pursue options for reducing the volume of waste received through recycling and other waste diversion programs. These options could potentially include adding sites for residents to drop off recyclable materials such as cardboard or plastics, implementing curbside recyclable collection (either through a Citywide contract or by requiring haulers to offer those services), and It should be emphasized that due to lost RDF sales and increased hauling and disposal fees, the cost to the Resource Recovery System under Alternative #4B, with increased rejects sent to the landfill is estimated to be up to $125,000 for the remainder of FY 2023/24, or $246,913 for the calendar year (See Attachment 2). The actual shortfall amount due specifically to the reduction in natural gas purchased will be determined at the end of the FY 2023/24 and reported back to EUORAB and City Council. This projected shortfall could be addressed by one of the following: 1) Increasing the Resource Recovery tipping fee by 8.4% or $5.22/ton (from $62.50/ton to $67.72/ton on January 1, 2024). 2) Transferring the actual calculated shortfall due to the reduction in natural gas purchased from the Electric Utility to Resource Recovery for FY 2023/24. 3) A combination of these approaches. Given the fact that the other governmental partners in the Resource Recovery System, as well as haulers have been notified that the tipping fee will remain unchanged for FY 2023/24, staff would recommend that the actual shortfall generated by Alternative #4B be reimbursed by a transfer from the Electric Utility. This transfer will further increase the cost to Electric customers through the Energy Cost Adjustment but would be substantially less than the increased cost Electric customers would experience if Electric had to purchase 12,000 MMBtu/day year-round. Staff will consider different financial adjustments to recommend during the preparation of the FY 2024/25 Budget. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 4B, thereby authorizing the Electric Director to approve an amendment to the contract with Macquerie Energy LLC, Houston, TX, to extend 9 the existing natural gas supply contract for a term of not less than one but not more than three years at a price of not more than $4/MMBtu and a total cost of not more than $14,900,000, and further authorizing a transfer of funds from the Electric Fund to the Resource Recovery Fund, once determined by Electric, to offset the shortfall in net revenues due to the reduction in natural gas purchased for the remainder of FY 2023/24. ATTACHMENT 1 Date: May 22, 2023 To: Donald Kom Director, Electric Services From: EUORAB Re: Recommendaons for Natural Gas Procurement In the past couple of EUORAB meengs, one of the discussion points was the procurement of natural gas. Electric Services needs 12,000 dekatherms (Dth) per day of natural gas to operate Unit 8 at a load sufficient to burn 30,000 tons per year of refuse derived fuel (RDF) which is the typical annual producon of RDF from the Resource Recovery Plant. Electric Services needs 8,000 Dth per day of natural gas to operate Unit 7, but this only allows 20,000 tons per year of RDF to be burned. Electric Services currently holds a long-term natural gas contract for 12,000 dekatherms (Dth) per day at a price $2.75 per Dth. This a very good price, but unfortunately, this gas contract expires on December 31, 2023. Electric Services needs to procure addional natural gas contracts to support the operaon of the power plant and to consume the RDF produced by the Resource Recovery Plant for 2024 and beyond. Electric Services has had preliminary conversaons with its gas consultant and can expect natural gas prices to increase in any future contracts. Electric Services staff presented the following three near-term opons to EUORAB for their consideraon: Opon 1 – Lock in 12,000 Dth/day of natural gas for one year at a predicted price of $4.00 per Dth.  Would result in a 9.2% increase in electrical rates through an Energy Rate Adjustment of +$0.007  If gas could be obtained at $3.50 per Dth, the rate increase would be 5.5%  If gas came in at $5.00 per Dth, the rate increase would be 16.5%  Would allow the power plant to burn 30,000 tons of RDF. Opon 2 – Lock in 8,000 Dth/day of natural gas for one year at a predicted price of $4.00 per Dth, with addional natural gas purchased on the spot market.  The electrical rates would not change  Would allow the power plant to burn 20,000 tons of RDF, primarily by running Unit 7.  Unit 8 would run to burn addional RDF, only when the spot gas price is less than or equal to $4.00 per Dth.  Would result in a strong incenve to reduce garbage intake. Opon 3 – Lock in 8,000 Dth/day of natural gas for one year at a predicted price of $4.00 per Dth, with an addional 4,000 Dth/day of natural gas purchased on a monthly basis.  Electrical rates would not change unless the monthly strip price exceeds $4.00 per Dth.  Would allow the power plant to burn 20,000 tons of RDF, but would allow consumpon of addional RDF on a more predictable basis.  Would likely sll result in a strong incenve to reduce garbage intake. EUORAB Comments: ATTACHMENT 1 Natural gas prices are seasonal in nature. Natural gas prices are highest in the winter (heang) months, which are the months of November through March. Natural gas prices are lower in the summer (non- heang) months, which are April through October. It appears from the informaon above, that connuing to lock in 12,000 Dth of natural gas to burn all the RDF generated by the Resource Recovery Plant will have a negave impact on Electric Services customers. Therefore, Opon 1 should not be considered. Opons 2 & 3 are similar and would likely have minimal impact on Electric Services customers, but would reduce the amount of RDF burned by the power plant and increase the amount going to the landfill. EUORAB Recommendaons: Aer consideraon, EUORAB is recommending a combinaon of the opons noted above. Electric Services should lock in 8,000 Dth of natural gas for the enre year. That amount of natural gas would allow the consumpon of 20,000 tons of RDF for the year. For the summer months of April through October, Electric Services should lock in an addional 4,000 Dth/day of natural gas. By purchasing a summer strip, it is likely natural gas can be purchased for less than $4.00 per Dth. This approach would allow the power plant to burn 100% of the RDF for the summer months for a total of approximately 26,000 tons of RDF for the year. Electric Services should work with their gas consultant on the best approach to locking in this gas. Somemes it can be advantageous to purchase natural gas with combinaons of summer/winter strips versus an annual contract. Natural gas purchases can also be layered to take advantage of different pricing. The gas consultant should be able to provide advice on the best path forward. Alternative 1 & Alternative 2 - 30,000 Tons of RDF MSW Tons Hauled Directly to BCL / Tons TF Revenue Metal Tons Recovered Metal Revenue Process Tons RDF Tons RDF Payment Front End Rejects Tons Process Rejects Tons Front End & Process Rejects Cost RRP Operating Exp Running Total Net Impact of Fund Balance from Base Case Average Number of Days/Week Haulers go to BCL Number of Trips to BCL to Dispose of Loads Taken Directly Miles Driven to BCL to Dispose of Loads Taken Directly Increase to Tip Fee to Offset Reduction of RDF Burned 52,000 4,711 2,955,563$ 1,615 181,247$ 46,154 30,000 909,304.29$ 1,135 14,539 1,147,768$ 2,898,345.87$ 0.00 0.45 457 21,019 0 Alternative 4 - 27,000 Ton RDF - Direct Hauler Diverision MSW Tons Hauled Directly to BCL / Tons TF Revenue Metal Tons Recovered Metal Revenue Process Tons RDF Tons RDF Payment Front End Rejects Tons Process Rejects Tons Front End & Process Rejects Cost RRP Operating Exp Running Total Net Impact of Fund Balance from Base Case Average Number of Days/Week Haulers go to BCL Number of Trips to BCL to Dispose of Loads Taken Directly Miles Driven to BCL to Dispose of Loads Taken Directly Increase to Tip Fee to Offset Reduction of RDF Burned 52,000 9,440 2,660,000$ 1,454 163,122$ 41,539 27,000 818,371.94$ 1,021 13,085 1,032,989$ ($93,310)2,701,815.16$ ($196,531)0.91 916 42,118 4.62$ Alternative 4 - 30,000 Ton RDF - 2,500 Tons of RDF during the Winter Months With Higher Amount of Rejects Time of Year MSW Tons Hauled Directly to BCL / Tons TF Revenue Metal Tons Recovered Metal Revenue Process Tons RDF Tons RDF Payment Front End Rejects Tons Process Rejects Tons Front End & Process Rejects Cost RRP Operating Exp Running Total Net Impact of Fund Balance from Base Case Average Number of Days/Week Haulers go to BCL Number of Trips to BCL to Dispose of Loads Taken Directly Miles Driven to BCL to Dispose of Loads Taken Directly Increase to Tip Fee to Offset Reduction of Revenues Summer 31,000 2,950 1,753,125$ 958 107,509$ 27,377 17,795 539,364.03$ 673 8,624 680,811$ $0 $1,719,186 0.28 286 13,162 -$ Winter 21,000 1,761 1,202,438$ 657 73,738$ 18,777 9,821 297,659.63$ 462 8,300 641,589$ $0 $932,246 0.17 171 7,857 -$ Total 52,000 4,711 2,955,563$ 181,247$ 46,154 27,615 837,023.66$ 1,135 16,923 1,322,400$ -$ 2,651,433$ ($246,913)0.45 457 21,019 5.22$ Gross MSW available tons 52,000 Tip Fee RRP 62.50$ Bulky Items %2.40% Fe Metal Recovery %3.38%3.50%Blended Metal Recovery Fe Metal $/Ton 80.00$ 112.20$ Blended Metal Price/Ton NF Metal Recovery %0.12% NF Metal $/Ton 1,000.00$ Summer RDF % of Process Tons 65.00% Winter RDF % of Process Tons 52.30% Tip Fee BCL/Ton 57.00$ 73.23$ Blended Reject Cost/Ton Hauling to BCL/Ton 16.23$ RDF $/Ton 30.31$ Average Load to BCL 10.31 Trip Miles BCL 46 Assumptions Amendment to Electric Services Natural Gas Supply Contract Impacts Haulers and RRP 1 ITEM #: 11 DATE: 07-27-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT TO THE ALLOWABLE USES IN GENERAL INDUSTRIAL (GI) ZONING DISTRICT TO PERMIT INDOOR SPORTS PRACTICE FACILITIES BACKGROUND: At the meeting on June 27, 2023, Council reviewed a request from Savage Gymnastics Academy about options for sites that they could re -establish a gymnastics facility (see Attachment A). The Academy was recently asked to leave the building it had been using on the Iowa State University campus. The Academy searched for a new location and found a vacant building for lease meeting their size needs in the General Industrial “GI” Zoning District at 1914 E. Lincoln Way. GI zoning, however, does not allow for eithe r “Entertainment, Restaurant and Recreation – General”, a category which includes “Health clubs and gyms” (in addition to other sports uses), or “Sports Practice Facilities” which is narrowly defined type of sport facility that is not for general recreation (see below). Staff determined that a gymnastics academy could be considered either a recreation use or a “Sports Practice Facility”. These use categories are allowed within various commercial zoning districts but not GI (Attachment B). The applicant is requesting to be allowed to operate a gymnastics facility in GI zoning. Sports Practice Facilities are defined as the following in Table 29.501(4)-7: An indoor facility dedicated solely to the training and development of sports teams. Uses shall not include the playing of scheduled games, matches, championships, or tournaments. The facility may have limited observation seating for family and associates of the players who wish to watch the practice, but it is not open to the public; nor is the facility used for other assembly-type uses when not otherwise used for sports practice. The facility may also include ancillary offices. Gymnastics does have unique requirements for a space, primarily the height of the ceiling. The Academy also needs an open floorplan of sufficient size. In looking around Ames, the Academy found few available buildings that meet their physical requirements. The applicant has stated that no appropriate commercial or retail spaces were available. The Academy’s desired location on E. L incoln Way most recently housed McDonald Supply, a distributor of plumbing and HVAC supplies (McDonald moved to a new, larger location in Ames). The size of the structure, 5,400 square feet, meets the needs of the gymnastics academy. Any text amendment will apply to all of the General Industrial zoning district area in the City; it is not specific to one site. 2 Proposed Ordinance: City Council considered three options as part of its initial discussion on June 27th. Two options were for amendments to the General Industrial zoning standards, while the third option was to consider rezoning the site to Highway Oriented Commercial. City Council directed the applicant to pursue Option 2 for a text amendment to allow for the use upon approval of a Special Use Permit within General Industrial Zoning Districts. Savage Gymnastics filed the text amendment application as directed by City Council . Approval of the proposed text amendment would amend the Zoning Ordinance to allow for Sports Practice Facilities within GI through the Special Use Permit (SUP) process. SUPs are reviewed by the Zoning Board of Adjustment. Requiring an SUP process would add a level of scrutiny concerning compatibility of uses and could help to prevent too many industrial properties from being converted to non-industrial uses in the future. The use would still need to meet all development requirements such as minimum parking and requirements of the Building Code. (The minimum parking for a Spo rts Practice Facility is 2 spaces per 1,000 square feet of gross floor area.) The SUP criteria are shown in Attachment D. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission met on July 19, 2023, to consider the proposed text amendment. The Commissioners discussed how a Special Use Permit would apply to a Sports Practice Facility and the process of review by the Zoning Board of Adjustment. The Commission also reviewed what qualifies as a Sports Practice Facility. The Commission voted 6-0-0 to recommend that the City Council amend the General Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Sports Practice Facilities (Indoor) via a Special Use Permit. ALTERNATIVES: 1. Approve on first reading a text amendment to the General Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Sports Practice Facilities (Indoor) via a Special Use Permit. 2. Direct staff to initiate a rezoning process for the property to highway commercial rather than approve a zoning text amendment. 3. Do not approve the proposed text amendment. CITY MANAGER’S RECOMMENDED ACTION: The City has an interest in maintaining industrial land for a variety of employment and processing activities that meet a diverse set of economic development needs for the City. By opening up industrial property to other uses, there is the potential to erode the land 3 set aside for this important economic function. The City does not allow entertainment/recreation uses in this zone, but does allow for limited amounts of retail and personal service uses, including requirements for larger facilities with a Special Use Permit, and other uses such as daycare that are not traditional uses within industrial areas. The purpose of General Industrial zoning is described below. Sec. 29.901. states the following about the purpose of the General Industrial Zone: (1) Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures sa fe, functional, efficient and environmentally sound operations. Due to the unique requirements for a gymnastics academy, industrial buildings are well - suited to host their use due to large open areas within their floor plans and high ceiling height. It is unlikely that any significant changes will be made to an industrial building by a gymnastics academy that would prevent a return to an industrial function. While special equipment will need to be installed (uneven bars, balance beams, etc.), these do not require physical alterations to the structure. Staff believes it is not uncommon for older industrial buildings to be used for sports facilities because of building configurations. Review of the individual plans for a site would occur with a Special Use Pe rmit. Staff is aware of other types of sports facilities in the area. Larger, new commercial facilities have also been built to suit specific sports needs, such as All Iowa Attack in Ames. Another example is Kingdom Hoops, which has a facility within an industrial building in north Des Moines and a new facility within a commercial zone in Grimes. These facilities are much larger in scope that what is desired by Savage. The GI zoning district is the most common industrial district within the City. The properties zoned GI in some parts of the City tend to have older, smaller buildings that would suit the needs of a gymnastics academy due to the open floor space and ceiling heights. These types of buildings are uncommon within the City’s commercial zones. Wh ile an industrial zone is not an ideal location for a sports use in many instances, the applicant’s goals could be accomplished with minimal impact to the City’s industrial base through review of a Special Use Permit. Unique to this request, staff believes the preferred site works well for the intended use based upon the Ames Plan 2040 General Commercial designation and businesses that exist in this area but has concerns about broader implications of changes to GI zoning. Therefore, having an SUP process will allow for a greater degree of scrutiny for compatibility with industrial neighbors. The SUP review by the Zoning Board of Adjustment will also add a level of review that can prevent economically important industrial land from being given to other uses. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1. 4 Attachment A Initial Request to Council 5 6 7 8 9 10 Attachment B Current Zoning Code Requirements for “GI” General Industrial Zoning USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES N -- -- OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Services - General Uses Greater than one 3,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Automotive and Marine Craft Uses greater than one 10,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Entertainment, Restaurant and Recreation – General N -- -- Banquet halls, and Exhibition and meeting areas Y when in combination with manufacturing and processing industrial uses on the same lot or parcel SDP Minor Staff Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing *Except Major Industrial Groups 28 & 29 Y* SDP Minor Staff Resource Production/Extraction Y SDP Minor Staff Warehousing/Freight Storage Y SDP Minor Staff Industrial Service (except Salvage Yards) Y SDP Minor Staff Salvage Yards See Sections 29.1306 and 29.1503 Y SP ZBA Waste-Processing and Transfer Y SP ZBA INSTITUTIONAL USES Child Day Care Facilities and Vocational/Technical High Schools Y SDP Minor Staff Colleges and Universities Y SP ZBA TRANSPORTATION, COMMUNICATIONS, AND ESSENTIAL SERVICES *Except Passenger Terminals Y* SDP Minor Staff 11 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Personal Wireless Communication Facilities Y SP ZBA MISCELLANEOUS USES Adult Entertainment Facilities N -- -- Commercial Outdoor Recreation N -- -- Detention Facilities Y SP ZBA Major Event Entertainment N -- -- Vehicle Servicing Facilities Y SDP Minor Staff Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major = Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment 12 Attachment C Proposed Zoning Code Requirements for “GI” General Industrial Zoning USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY RESIDENTIAL USES N -- -- OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Services - General Uses Greater than one 3,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Automotive and Marine Craft Uses greater than one 10,000 sf use per site require a Special Use Permit from the ZBA. Y SDP Minor/SP Staff/ZBA Entertainment, Restaurant and Recreation – General N -- -- Banquet halls, and Exhibition and meeting areas Y when in combination with manufacturing and processing industrial uses on the same lot or parcel SDP Minor Staff Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing *Except Major Industrial Groups 28 & 29 Y* SDP Minor Staff Resource Production/Extraction Y SDP Minor Staff Warehousing/Freight Storage Y SDP Minor Staff Industrial Service (except Salvage Yards) Y SDP Minor Staff Salvage Yards See Sections 29.1306 and 29.1503 Y SP ZBA Waste-Processing and Transfer Y SP ZBA INSTITUTIONAL USES Child Day Care Facilities and Vocational/Technical High Schools Y SDP Minor Staff Colleges and Universities Y SP ZBA TRANSPORTATION, COMMUNICATIONS, AND ESSENTIAL SERVICES *Except Passenger Terminals Y* SDP Minor Staff 13 USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY Personal Wireless Communication Facilities Y SP ZBA MISCELLANEOUS USES Adult Entertainment Facilities N -- -- Commercial Outdoor Recreation N -- -- Detention Facilities Y SP ZBA Major Event Entertainment N -- -- Vehicle Servicing Facilities Y SDP Minor Staff Sports Practice Facilities (Indoor Only) Y SP ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major = Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment 14 Attachment D Special Use Permit Requirements and Criteria Sec. 29.1503. SPECIAL USE PERMIT. (1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience, and general welfare. This Section permits detailed review of certain types of land use activities that, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structural uses possessing these characteristics may be authorized within designated Zones by the issuance of a Special Use Permit. This Section also provides for the use of Single Family Dwellings, Two Family Dwellings, and Single Family Attached Dwellings by a Functional Family. (2) Submittal Requirements. In accordance with Section 29.1503, Applicants must submit an Application for a Special Use Permit to the Planning and Housing Department for co nsideration by the Zoning Board of Adjustment. The Application for a Special Use Permit shall be accompanied by: (a) A statement of supporting evidence that the general and specific standards as delineated in this Article will be fulfilled; (b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2), unless no site improvements are required; and (c) Preliminary plans and specifications for all construction, as applicable. (3) If a proposed Special Use is within an existing building and improved site, plans for use of the site and building must be submitted in lieu of the Site Plan requirements. (4) Procedure for Special Use Permits. (a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider the application at a public hearing conducted as part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, posting, and publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of Adjustment must approve, deny, or modify the Special Use Permit application within 60 days of the public hearing. (5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to ac t. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City; (ii) Be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed; (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity; (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structure, refuse disposal, water, and sewage facilities, and/or schools; 15 (v) Not create excessive additional requirements at public cost for public facilities and services; (vi) Not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections; (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area; (iii) Not generate truck trips by trucks over 26,000 pounds g.v.w (gross vehicular weight) to and from site except for food delivery vehicles, waste collection vehicles and moving vans; (iv) Not have noticeably different and disruptive hours of operation; (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit; (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area; (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property; and (viii) Be consistent with all other applicable standards in the zone. (c) Commercial Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use located in a commercial zone meets the following standards as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Be compatible with the potential commercial development and use of property planned to occur in area; (ii) Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit; and (iii) Be consistent with all other applicable standards in the zone. (d) Special Use Permits for Functional Families. (i) Purpose. This Section is to provide for the regulation of Functional Families that may request to reside in a Single Family Dwelling, Two Family Dwelling or Single Family Attached Dwelling. The regulations are also intended to prohibit larger groups of unrelated persons from residing in Single Family Dwellings, Two Family Dwellings, or Single Family Attached Dwellings. Larger groups of unrelated persons have frequently shown to have a detrimental affect on Single Family neighborhoods since larger groups of unrelated persons do not live as a family unit and do not have significant economic or emotional ties to a neighborhood. (ii) Standards of Functional Families. The Zoning Board of Adjustment shall review each application for a Special Use Permit for a functional family as provided for 16 in this section after having determined that the application meets the following standards: a. The functional family shares a strong bond or commitment to a single purpose (e.g., religious orders); b. Members of the functional family are not legally dependent on others not part of the functional family; c. Can establish legal domicile as defined by Iowa law; d. Share a single household budget; e. Prepare food and eat together regularly; f. Share in the work to maintain the premises; and g. Legally share in the ownership or possession of the premises.” (e) Conditions. The Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. (6) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of issuance unless the use is undertaken, or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time requirement, the Zoning Board of Adjustment may, upon written request by the affected permittee, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this Section. (7) Successive Applications. In the event that the Board denies an application for a Special Use Permit, a similar application shall not be refiled for 12 months from the advertised public hearing date. The Board, on petition by the applicant, may permit a refiling of this application after 6 months from the original hearing date when it determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning ordinance text change has been adopted, or when the reapplication is for a different use than the original request. The applicant shall submit a detailed statement setting out those changes that he or she deems significant or upon which he or she relies for refiling the original application. (8) Site Plans approved as part of a Special Use Permit. All site plans approved as part of an approved Special Use permit may only be amended pursuant to the same procedures for approving Minor Changes to a Major Site Development Plan as provided in Section 29.1502(6). ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.901(2) THEREOF, FOR THE PURPOSE OF INCLUDING SPORTS PRACTICE FACILITIES AS AN ALLOWABLE USE IN GENERAL INDUSTRIAL (GI) ZONE USES REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 29.901(2) as follows: “(2) Permitted Uses. The uses permitted in the GI Zone are set forth in Table 29.901(2) below: Table 29.901(2) General Industrial (GI) Zone Uses Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major =Site Development Plan Major: See Section9.1502(4) ZBA = Zoning Board of Adjustment Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to theextent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2023. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor USE CATEGORY STATUS APPROVAL REQUIRED APPROVAL AUTHORITY … MISCELLANEOUS USES … Sports Practice Facilities (Indoor Only)Y SP ZBA