HomeMy WebLinkAbout~Master - August 8, 2023, Regular Meeting of the Ames City CouncilAGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS – CITY HALL
AUGUST 8, 2023
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the record,
and limit the time used to present your remarks in order that others may be given the opportunity
to speak. The normal process on any agenda item is that the motion is placed on the floor, input is
received from the audience, the Council is given an opportunity to comment on the issue or respond
to the audience concerns, and the vote is taken. On ordinances, there is time provided for public
input at the time of the first reading.
AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO)
TRANSPORTATION POLICY COMMITTEE MEETING
CALL TO ORDER: 6:00 p.m.
1. Motion accepting the findings of the 190th Street Corridor Study
2. Motion setting September 12, 2023, as date of public hearing regarding amendment to the
FFY 2023-2026 Transportation Improvement Program
COMMITTEE COMMENTS:
ADJOURNMENT:
REGULAR CITY COUNCIL MEETING*
*The Regular City Council Meeting will immediately follow the meeting of the Ames Area
Metropolitan Planning Organization Transportation Policy Committee.
CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion.
There will be no separate discussion of these items unless a request is made prior to the time the
Council members vote on the motion.
1. Motion approving payment of claims
2. Motion approving Summary of Minutes of Regular Meeting on July 18, 2023, and July 27,
2023
3. Motion approving Report of Change Orders for period July 16-31, 2023
4. Motion approving Temporary Outdoor Service for September 8 – September 9, 2023, Class
C Retail Alcohol License – Sips and Paddy’s Irish Pub, 126 Welch Avenue, Pending
Dramshop Status
5. Motion approving Temporary Outdoor Service for September 22 – September 24, 2023, Class
C Retail Alcohol License – Sips and Paddy’s Irish Pub, 126 Welch Avenue, Pending
Dramshop Status
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6. Motion approving ownership updates for Class C Retail Alcohol License – Cyclone
Experience Network, 1800 S 4th Street, Jack Trice Stadium
7. Motion approving ownership updates for Class C Retail Alcohol License –Levy @ Fisher
Theater, 1805 Center Drive
8. Motion approving ownership updates for Class C Retail Alcohol License – Levy @ Scheman
Building, 1805 Center Drive
9. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor
Licenses:
a. Class C Beer Permit – Hy-Vee Gas #5013, 4018 West Lincoln Way
b. Class C Liquor License – Inside Golf, 2801 Grand Avenue #1075
c. Class C Liquor License – Iowa State Center, CY Stephens, 1900 Center Drive
d. Class E Liquor License – Kwik Stop Liquor & Groceries, 125 6th Street
10. Motion rejecting all bids for Water Treatment Plant Distributed Antenna System Project
11. Resolution supporting the City of Ames continued designation as a member of Bird Friendly
Iowa
12. Resolution approving Encroachment Permit Agreement for Awning at 211 & 209 Main Street
13. Resolution approving Encroachment Permit Agreement for Sign at 2700 Graham Street
14. Resolution authorizing and approving a Loan and Disbursement Agreement and providing for
the issuance and securing the payment of $2,150,000 Sewer Revenue Bonds, Series 2023
15. Resolution approving a 28E Agreement for fiscal agent assistance with the Iowa Department
of Agriculture and Land Stewardship - Division of Soil Conservation and Water Quality, City
of Ames and Story County Soil & Water Conservation District and Hamilton County Soil and
Water Conservation District
16. Resolution approving Amendment No. 1 to the Ioway Creek Watershed Management
Authority 28E Agreement and approving Hamilton County as a new cooperator
17. Resolution approving Memorandum of Understanding with Story County to apply for grant
funding under the 2023 Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program and authorize
application for that grant
18. Resolution approving Memorandum of Understanding with Iowa State University for 2022/23
Traffic Signal Program (State Avenue and Mortensen Permanent Signal)
19. Resolution approving Change Order No. 2 with Thorpe Contracting, LLC, of Adel, Iowa, in
the amount not to exceed $122,970 for the 2022/23 & 2023/24 Ames Plan 2040 Water Utility
Infrastructure Program
20. Resolution awarding contract to Vision Metering of York, South Carolina, for the purchase of
electric meters in accordance with unit prices bid
21. Resolution awarding contract to Zachry Engineering Corporation of Omaha, Nebraska, for
Engineering Services at the Power Plant for Gas Turbine 1 Motor Control Center Retrofit in
the amount not to exceed $96,000
22. Resolution awarding contract to Superior Industrial Equipment, of Grimes, Iowa, for the 72
Boiler Feedwater Pump Inspection & Repair project at the Power Plant, in the amount of
$115,876.95
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23. Resolution approving contract and bond for 2022/23 Airport Improvements Project (South
Apron Rehab) with Con-Struct, Inc. of Ames, Iowa
24. Resolution accepting Fire Station 3 PCC Replacement as completed Brothers Concrete, of
Des Moines, Iowa
25. Resolution accepting the 2021/22 and 2022/23 Clear Water Diversion as completed by Ames
Trenching and Excavating, Inc., of Ames, Iowa
26. Resolution accepting the FY 2022/23 Story County Edge of Field Project as completed by
Hands on Excavating, LLC, of Radcliffe, Iowa
27. Resolution accepting the 2022/23 Downtown Street Pavement Improvements as completed
by Brothers Concrete, of Des Moines, Iowa
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City
business other than those listed on this agenda. Please understand that the Council will not take
any action on your comments at this meeting due to requirements of the Open Meetings Law, but
may do so at a future meeting. The Mayor and City Council welcome comments from the public;
however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor
may limit each speaker to three minutes.
POLICE:
28. Motion approving/denying a new eight-month license for Class C Retail Alcohol License –
Terry & Andy’s Tacos Inc. (Es Tas) 216 Stanton, Pending Dramshop Status
ADMINISTRATION:
29. Resolution endorsing Iowa Economic Development Authority Application for Financial
Assistance for 3M Company
30. Resolution approving City Meeting Code of Conduct
HEARINGS:
31. Hearing on the 2023/24 Proposed Annual Action Plan Projects for Community Development
Block Grant (CDBG) and HOME Programs
a. Resolution approving Projects and Budget and direct staff to submit the Plan for approval
by HUD
ORDINANCES:
32. Continuance of first reading of the Minimum Exterior Property Maintenance Ordinance
33. Second passage on Zoning Text Amendment to allow for Sports Practice Facility as a use
within the General Industrial (GI) Zoning District of Section 29.901 of the Ames Municipal
Code
34. Third reading and adoption of ORDINANCE NO. 4507 on Zoning Text Amendment to
parking standards for retail sales and services-general to two spaces per 1,000 square feet
35. Third reading and adoption of ORDINANCE NO. 4508 amending Ames Municipal Code
Section 11.4 regarding Urination and Defecation
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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.
Ames Area Metropolitan Planning Organization
MEMO
To: Ames Area MPO Transportation Policy Committee
From: Kyle Thompson, Transportation Planner
Date: August 04, 2023
Subject: 190th Street Corridor Study
At the July 18, 2023, Ames Area MPO Transportation Policy Committee meeting,
the committee passed a motion to table the vote on accepting the 190 th Street
Corridor Study until August 8, 2023. Please find attached the committee action
form, study presentation, and study report on the 190th Street Corridor Study as
provided at the July 18 meeting. Also attached are the meeting minutes from the
July 18 meeting. The meeting recording is available at this link (timestamps 02:15
to 01:03:20 contain the presentation and detailed discussion on the 190 th Street
Corridor Study).
At the August 8, 2023, meeting, staff will respond to any further questions and
comments that the committee has on the study. The only action requested will
be for the Policy Committee to accept the report. It should be emphasized
that the implementation plan, project schedule(s), and cost sharing
arrangements will be decided at a future date.
AAMPO Item No. 1
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 18, 2023
The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee
meeting was called to order by Ames Mayor Pro Tem and voting member Gloria Betcher at 6:00
p.m. on the 18th day of July, 2023. Other voting members present were: Bronwyn Beatty-Hansen,
City of Ames; Amber Corrieri, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of
Ames; and Linda Murken, Story County Board of Supervisors. Ames Transit Agency
Representative Jian Janes was brought in telephonically. Ames Mayor and voting member John
Haila was absent. Voting member Tim Gartin, City of Ames; entered the meeting at 6:01 p.m.
PRESENTATION OF FINDINGS OF 190TH STREET CORRIDOR STUDY: Traffic
Engineer Damion Pregitzer discussed the background of the study and shared that the focus was
on solving capacity issues with anticipated growth based on the “Forward 2045” plan. He also
reminded the Committee that this was a potential conceptual project to be utilized for long range
planning. Consultant Senior Traffic Engineer Jennifer McCoy, of Bolton & Menk, presented the
findings and technical analysis. The study covered the 190th Street Corridor from George
Washington Carver Avenue to US 69/Grand Avenue while focusing on the three main
intersections’ existing and forecasted traffic operations.
Ms. McCoy detailed the stakeholder outreach completed by Bolton & Menk. The main themes
from respondents were needs for more lighting, more bike/pedestrian infrastructure, speeding,
roundabouts, and school-related traffic concerns. For each intersection signal and roundabout
alternative studies were completed, then scored based on criteria developed by the consulting firm.
Cost, efficiency, safety, pedestrian crossing, peak vehicle delays and queues, and emission impacts
were all considered. Ms. McCoy shared the projected timelines these improvements would be
needed, noting that future Capital Improvements Plans (CIP) would need to accommodate for these
projects in the coming years, as improvements were needed as soon as 2030 at all three
intersections.
Another aspect noted in the presentation was the jurisdiction of each intersection. Engineer
Pregitzer noted these projected jurisdiction shares were based on existing cost-share agreements,
but noted that could change based on actual construction, costs, and where the design would
require expansion. Ms. McCoy clarified for Council Member Junck that the projected construction
costs did include rough estimates for land purchase, but that would be subject to change as
construction plans were made more specific. Council Member Gartin asked how projected traffic
was generated, as there was a lot of weight on the Committee to “get these plans right.” Ms. McCoy
shared it was based on the Forward 2045 plan provided by Traffic Engineer Kyle Thompson.
Engineer Pregitzer answered a question from Mayor Pro Tem Betcher on impacts of projected
declining private vehicle ownership, explaining that the long-range planning numbers are based
on Department of Transportation (DOT) recommendations, and the DOT has not yet given the
recommendation to plan on less private vehicle ownership. He then clarified that the DOT does
take into consideration the age of existing vehicles and trends in electric vehicles when developing
their emission method models. Committee Member Murken inquired about potential safety
concerns if both roundabouts and signals were used in the same corridor. Ms. McCoy stated that
there was enough distance between the intersections that no complications of that nature were
predicted. Engineer Pregitzer noted there had been no complaints in the Iowa State University
(ISU) Research Park area where roundabouts were used in answer to Committee Member Janes
question of safety with constant student turnover in the area.
Ms. McCoy shared the Committee has an opportunity to define access management in the area for
future development in the area. Engineer Pregitzer noted that these models assumed urbanization
would be happening in these areas, but there was no engineering done on that aspect. These studies
were to be used to set an expectation as development occurs. Ms. McCoy presented a potential
implementation plan to help guide future planning, sharing that these were only recommendations
on how projects could be added into the long-range plan based on the predicted timeframes the
project would be needed. Engineer Pregitzer stated that this table assumed no constraints on time
or funding and thus would need to be adjusted.
Mayor Pro Tem Betcher presented questions and concerns on behalf of Mayor Jon Popp of Gilbert,
who was not able to attend. Engineer Pregitzer and Ms. McCoy spoke to those concerns and
provided further background information to the rest of the Committee. It was shared that the
Climate Action Plan accepted by the City of Ames was not an MPO document, and thus was not
factored into this study. The involvement of the DOTwas highlighted as a valued partnership that
was intertwined extensively but was not mentioned in detail in the report as it was as assumption
of the study.
Mayor Pro Tem Betcher also noted that accepting the plan did not commit the Committee to
carrying it out in the way the report suggested. Engineer Pregitzer noted that there was no
timeframe restraint on accepting the report, but that the basis for not accepting reports was usually
that there was a technical error. The Committee debated the merit of accepting the report or tabling
the vote until the next meeting.
Moved by Gartin, seconded by Corrieri, to accept the report.
Vote on Motion: 2-6. Voting Aye: Corrieri, Gartin. Voting Nay: Betcher, Beatty-Hansen, Janes,
Junck, Murken, and Rollins. Motion failed.
Moved by Junck, seconded by Murken, to table the vote to August 8, 2023.
Vote on Motion: 6-2. Voting Aye: Betcher, Beatty-Hansen, Janes, Junck, Murken, and Rollins.
Voting Nay: Corrieri, Gartin. Motion passed.
Moved by Murken, seconded by Janes, to review MPO documents that constitute the organization.
Motion withdrawn.
Committee Member Corrieri noted that the bylaws for the organization were available on the City
of Ames website for review.
Traffic Engineer Thompson confirmed that the next AAMPO meeting would be held August 8,
2023, due to a DOT request for a TIP amendment.
PRESENTATION OF FINDINGS OF S. DUFF AVENUE INTERCHANGE AND
CORRIDOR STUDY: Consultant Mike Forsburg of HDR presented the background and findings
of the study. He highlighted that S. Duff and Airport Road, including the US 30 interchange, was
the most heavily traveled service interchange in Ames, and that there were currently inefficient
operations due to the configurations of the interchange. This area was also noted as being an area
where significant growth was expected to necessitate updates in the next 20-25 years. Mr. Forsburg
shared the goals of the study were to reduce delays and queuing, improve safety, prepare for future
growth, improve multi-modal facilities, and better accommodate event traffic. He highlighted
current planned improvements in the area that the study took into consideration when preparing
the report.
Mr. Forsburg presented the factors that were evaluated in the corridor assessment: traffic forecasts,
operations, safety, and multimodal interactions, highlighting how the project goals were used to
evaluate any future changes. The two alternatives identified as being the most viable were a single
point interchange and a diverging diamond point interchange. He highlighted the strengths and
weaknesses of each option, as well as the cost and additional work needed for each option. Mr.
Forsburg explained diverging diamond point interchanges were becoming more popular in peer
communities and were expected to become more widespread throughout the United States in the
coming years. It also had the advantage of being less expensive, though it would add another traffic
signal.
The study also identified build alternatives already in the CIP for the City of Ames at Airport Road
that would tie into easing traffic stressors in the corridor. Additional build alternatives that could
be included in conjunction with the planned CIP were also identified. Civil Engineer Mark Gansen
shared that a Request for Proposals (RFP) would be issued for the design work for these projects,
at which point the City would reach out to stakeholders. Build alternatives for S 16th Street were
evaluated and presented as well. Mr. Forsburg presented the final evaluation that used the project
goals as well as fuel efficiency/emissions, public acceptance, and planning level costs to rank each
option. The results were compared to a no-build scenario where nothing new was implemented,
with the diverging diamond interchange being the best overall option.
Mr. Forsburg stated that through stress tests, HDR was able to determine that either option would
handle more than a 20% increase in what was observed during peak afternoon traffic averages. He
shared this increases the resilience of the system with the adaptive signal technology and additional
capacity. Engineer Pregitzer noted that other projects were being planned around Iowa State
University and the addition of lanes on S. Duff would lessen the pinch point for event traffic by
allowing all available tools to be leveraged.
Mayor Pro Tem Betcher inquired what extent the added DOT costs for the single point intersection
mean for the ability of the MPO to select an option, versus having one selected by default based
on cost. Engineer Pregitzer stated that the State of Iowa has its own DOT priorities, so the more
the MPO is able to collaborate with the wishes of the DOT and the growth needs of the MPO, the
more likely the area is to see their projects being programmed. Mr. Forsburg expressed his belief
that selecting the more expensive option may result in a larger cost share for the City or delayed
programming. He also shared that the fuel efficiencies for both interchange options were very
close. For cost estimates, Mr. Forsburg stated the potential cost share responsibility for the City
was 50% but may change depending on Federal and State grants. He furthered that the MPO’s was
competing at a local level for funding, with statewide competition for DOT funds, and national
competition for any discretionary funding.
Moved by Gartin, seconded by Rollins, to accept the report.
Vote on Motion: 8-0. Motion declared passed unanimously.
POLICY COMMITTEE COMMENTS: Council Member Gartin shared a reminder that the
long-range growth plan is to add 15,000 people to the community, which requires balance between
housing availability and transportation to support climate change goals.
ADJOURNMENT: Moved by Murken, seconded by Junck, to adjourn the meeting at 7:43 p.m.
Vote on Motion: 8-0. Motion declared carried unanimously.
_______________________________________ __________________________________
Grace Bandstra, Deputy City Clerk John A. Haila, Mayor
______________________________________
Renee Hall, City Clerk
ITEM#: AAMPO 1
DATE: 07-18-23
DEPT: MPO
TRANSPORTATION POLICY COMMITTEE ACTION FORM
SUBJECT: 190TH STREET CORRIDOR STUDY FINDINGS
BACKGROUND:
Forward 2045, the Ames Area MPO’s (AAMPO’s) current Metropolitan Transportation
Plan (MTP), identified the need for a study of the 190 th Street Corridor from George
Washington Carver Avenue to US Highway 69 (see Figure 1).
Figure 1: Study Area
The study looked at current safety, traffic operations, and multi-modal deficiencies along
this corridor and the projected growth of traffic due to anticipated continued development
along and near the study area. The AAMPO and City of Ames programmed this study
with the anticipation that its findings will guide future corridor project programming.
STUDY FINDINGS:
For this study (see attached presentation and report), the engineering consultant, Bolton
& Menk, Inc., conducted planning and conceptual-level engineering design services along
the study corridor that included assessing traffic volumes, bicycle/pedestrian volumes,
origin-destination data, evaluating traffic operations, and conducting safety analyses.
Using data-driven and public input-based processes, initial alternatives were developed
for the study corridor.
The initial alternatives included a roundabout and signalized option at each of the three
primary study intersections (190th/GW Carver, 190th/Hyde, 190th/US 69). These
alternatives were presented at a public open house that was held on March 7, 2023, at
the Vintage Cooperative of Ames.
Each of the initial intersection alternatives (roundabout and signal) were than evaluated
in a decision matrix that considered predicted 2045 traffic operational performance
(vehicle delay/queueing), pedestrian crossing characteristics, predicted safety
performance, right-of-way impact, total emissions, and 25-year life-cycle costs. Table 1
summarizes the study’s recommended alternatives at each study intersection.
Table 1: Preferred Intersection Alternatives
Intersection Preferred Alternative
Recommended
Implementation
Timeframe
Jurisdiction(s)
190th St &
GW Carver Ave
Single Lane Roundabout
w/NB Slip Lane
OR
Signal w/Left Turn Lanes
and NBR Turn Lane
2030 Story County
(100%)
190th St &
Grant/Hyde Ave
Single Lane Roundabout
OR
Signal w/Left Turn Lanes*
2030
Story County
(50%), City of
Ames (50%)
190th St &
US 69
Construct EBR Turn Lanes 2025-2030 Story County(
33%), Iowa DOT
(67%)
Signalized Intersection
w/NBL, SBL, and EBR
Turn Lanes
2030-2035
*If a signalization option is selected, staff recommends the permanent traffic signal be
installed between 2025-2030 to also address destination lighting. Turn lanes would then
be installed in 2030.
The anticipated project costs (in 2023 dollars) for the above alternatives are shown in
Table 2.
Table 2: Project Costs
Intersection Alternative Construction1 25-Year Life
Cycle Cost
Project
Sponsor(s)
190th St &
GW Carver Ave
Roundabout $5,750,000 $5,875,000 Story County Signal $4,200,000 $4,460,000
190th St &
Hyde/Grant Ave
Roundabout $5,000,000 $5,125,000 Story County,
City of Ames
(50/50 Split)2 Signal $4,200,000 $4,460,000
190th/US 69
Signal Signal $3,600,000 $3,860,000 Story County,
Iowa DOT3
1 – Construction costs shown include right-of-way costs.
2 – At the 190th St & Hyde Ave intersection, this study estimated a 50%/50% cost sharing between the City
of Ames and Story County based on their existing cost sharing agreement which was used for the temporary
signal. The City of Ames and Story County would need to develop a new cost sharing agreement for future
improvements at this intersection.
3 – At the 190th St & US 69 intersection, the cost sharing between the Iowa DOT and Story County will
need to be established in a future cost sharing agreement between the agencies.
In addition to the intersection control and layout recommendations, the study also made
other recommendations for the study area including:
• 190th St Corridor Reconstruction (recommended in 15-20 years when existing
pavement reaches end of life)
o Reconstruction to an urban 2-lane section within the study boundary with
turn lanes at the public roadway connections.
o Construction of a 10-foot trail on the south side of the roadway and a 5-foot
sidewalk on the north side.
• Intersection destination lighting at the three primary corridor intersections
(recommended by years 2024-2025).
• Continue to monitor the corridor as it develops and take appropriate speed control
steps following industry recommended practices.
• To meet multi-modal goals of the corridor, a 10’ trail should be built on one side of
the road with a sidewalk on the other side.
STAFF COMMENTS ON STUDY FINDINGS:
This corridor study coordinated the planning and conceptual design of the three primary
intersections along the 190th Street study corridor in addition to the recommended cross
section that 190th Street should ultimately have. By evaluating all these improvements
along the study corridor together, MPO staff believes that this will allow the
jurisdictional agencies to program and implement improvements along the corridor
in a coordinated manner. It will also help inform the AAMPO’s next MTP update,
which is scheduled to be approved in the fall of 2025.
At this point, the designs of the alternatives and recommendations shown in the MPO
study are conceptual. Each improvement project will need to be programmed and funded
by the respective sponsor agency (or agencies) with jurisdiction over that project’s area
and will need to go through its own design, right-of-way acquisition, and construction
process. Sponsor’s may apply for regionally allocated federal funding from the AAMPO,
statewide Iowa DOT funding, or federal discretionary grant program funding should they
so choose.
Most of these funding sources require a 20% local match from the applicant(s). Note that
the AAMPO will only be eligible to provide federal funding from its formula programs to
projects that are listed in the most current MTP. Currently, only the 190th Street and
Hyde/Grant Avenue intersection is listed. However, it is expected that the 2050 MTP
being developed for final approval in fall of 2025 will likely include the GW Carver Avenue
and US 69 intersections along 190th Street as well, based upon this study’s findings. If
this occurs, all three projects would be eligible to apply for MPO grant funding.
Two of the study intersections have both a roundabout and signal option listed as
a preferred alternative (190th St & GW Carver Ave & 190th St & Hyde/Grant Ave).
Because the MPO study found that both the roundabout and signal alternatives will
adequately serve the forecasted traffic in the study area, the project sponsor(s)
with jurisdiction of these intersections will need to determine which alternative
they would like to program and pursue. MPO staff recommends that the project
sponsor(s) consider the benefits and detriments that this study identified for the
roundabout and signal options when determining which alternative to pursue.
Based upon the phased implementation that is possible with a traffic signal, and
the lower costs, queues, and ROW impacts, staff believes a traffic signal is the best
alternative for 190th & Hyde. In order to quickly address the destination lighting at
the intersection and reduce the maintenance requirements of the existing
temporary signal, staff would recommend the City of Ames and Story County
explore constructing a permanent traffic signal with street light luminaires in the
near future. The traffic signal should be designed to accommodate the future turn
lanes at the intersection, which is estimated to be constructed in 2030.
It should be noted that an iterative implementation of a traffic signal is likely not possible
at GW Carver due to the existing heavy turning movements.
ALTERNATIVES:
1. Motion accepting the study findings as summarized in the study report.
2. Do not approve the findings of the study.
MPO ADMINISTRATOR’S RECOMMENDED ACTION:
This study was completed using transportation planning and traffic engineering best
practices and was presented at a public meeting. The study findings will help guide the
AAMPO and relevant agencies in the designing and programming of future projects alon g
this corridor. Therefore, it is the recommendation of the MPO Administrator that the
Transportation Policy Committee adopt Alternative No. 1, as noted above.
Bolton-Menk.com
Ames Area MPO Presentation
July 18, 2023
190th Street Corridor Study
Bolton-Menk.com
PARKING &MOBIILITY
GO HAND IN HAND
1) Study Area Location & Background
▪Rapid development & growth
occurring in the study area
▪Study assessed alternatives for the
intersections & the corridor
▪Need for study identified in AAMPO’s
MTP “Forward 2045”
▪Existing & forecasted traffic
operations concerns at the 3 primary
corridor intersections
Bolton-Menk.com
PARKING &MOBIILITY
GO HAND IN HAND
2) Stakeholder Outreach
▪Included Iowa DOT, Story County, the City of Ames, the AAMPO, and
residents from both Ames and Gilbert
▪INPUTiD Platform
▪Approximately 40 responses from area residents
▪Themes: lighting, speeding, bicycle and pedestrian infrastructure, school-related
traffic, difficult turning movements, and future traffic volumes
▪Public Open House (March 7th, 2023 @ Vintage Cooperative)
▪Themes: roundabouts preferred, lighting, and bicycle/pedestrian infrastructure
▪Attendance was very good with over 50 people on site
Bolton-Menk.com
PARKING &MOBIILITY
GO HAND IN HAND▪This study considered a signal and roundabout alterative at the
following 3 intersections:
▪190th St & George Washington (GW) Carver Ave
▪190th St & Hyde/Grant Ave
▪190th St & US Highway 69
▪Analysis for each intersection considered:
▪Forecasted vehicle delays & queueing
▪Pedestrian crossing
▪Safety
3) Study Intersection Analysis & Recommendations
▪Right-of-way impacts
▪Environmental/emissions
▪25-year life-cycle cost
Bolton-Menk.com
190th St & GW Carver Ave
Roundabout Alternative Signal Alternative
▪Single-Lane Roundabout
▪Northbound Right Slip-Lane
▪Left Turn Lanes (All Direction)
▪Northbound Right Turn Lane
Jurisdiction: 100% Story County
Bolton-Menk.com
190th St & GW Carver Ave
Jurisdiction: 100% Story County
Criteria Roundabout Signal
2045 Vehicle Delay (Veh-Min)
AM Peak
PM Peak
196
163
523
514
2045 Vehicle Queues
AM Peak (Worst Movement)
PM Peak (Worst Movement)
100’ (WB)
175’ (WB)
150’ (NBT)
225’ (WBL)
Multi-Modal
(Pedestrian Crossing)
Crossing Dist: 65’
Yield Rate: 83%
Worst Leg – LOS D
Crossing Dist: 60’
Yield Rate: 99%
Worst Leg – LOS C
Safety (Predicted Crashes/Yr)1.03 (All)
0.27 (Fatal/Inj.)
2.22 (All)
1.77 (Fatal/Inj.)
Total Daily Emissions (kg)14 23
Right-of-Way Impact (width)145 85
Construction Cost $5,750,000 $4,200,000
25-Yr Life Cycle Cost $5,875,000 $4,460,000
▪Both the roundabout and
signal alternatives operate
acceptably w/ 2045 traffic
▪Roundabout option performs
better than the signal for
several metrics
▪Signal option has significantly
less ROW impacts & life-cycle
costs
Study Recommendation
Roundabout OR Signal
By Year 2030
Bolton-Menk.com
190th St & Hyde/Grant Ave
Roundabout Alternative Signal Alternative
▪Single-Lane Roundabout ▪Left Turn Lanes (All Directions)
Jurisdictions*: 50% Story County
50% City of Ames
*This is estimated based upon the existing cost sharing agreement for the
temporary signal and is subject to change during project design.
Bolton-Menk.com
190th St & Hyde/Grant Ave
Criteria Roundabout Signal
2045 Vehicle Delay (Veh-Min)
AM Peak
PM Peak
1394
544
1942
587
2045 Vehicle Queues
AM Peak (Worst Movement)
PM Peak (Worst Movement)
950’ (EB)
1000+’ (WB)
425’ (WB)
650’ (WB)
Multi-Modal
(Pedestrian Crossing)
Crossing Dist: 65’
Yield Rate: 83%
Worst Leg – LOS B
Crossing Dist: 60’
Yield Rate: 99%
Worst Leg – LOS B
Safety (Predicted Crashes/Yr)1.79 (All)
0.28 (Fatal/Inj.)
3.83 (All)
1.86 (Fatal/Inj.)
Total Daily Emissions (kg)22 38
Right-of-Way Impact (width)135 75
Construction Cost $5,000,000 $4,200,000
25-Yr Life Cycle Cost $5,125,000 $4,460,000
▪Both options perform
acceptably with 2045 traffic
▪Roundabout does experience
significant queueing
compared to the signal and
has greater ROW impact &
life cycle costs
▪Roundabout experiences less
delay, emissions, and has
better predicted safety
Study Recommendation
Roundabout OR Signal
By Year 2030
Jurisdictions: 50% Story County
50% City of Ames
Bolton-Menk.com
190th St & US 69
Roundabout Alternative Signal Alternative
▪Single-Lane Roundabout
▪Eastbound Right Turn Slip Lane
▪Left & Right Turn Lanes on US 69
▪Right Turn Lane on 190th St
Jurisdictions*: Story County
Iowa DOT
*Jurisdictional costs will be based on a future agreement between
the Iowa DOT and Story County based upon specific project costs.
Bolton-Menk.com
190th St & US 69
Criteria Roundabout Signal
2045 Vehicle Delay (Veh-Min)
AM Peak
PM Peak
270
2170
1169
638
2045 Vehicle Queues
AM Peak (Worst Movement)
PM Peak (Worst Movement)
375’ (SB)
1000+’ (NB)
550’ (SB)
300’ (SB)
Multi-Modal
(Pedestrian Crossing)
Crossing Dist: 100’
Yield Rate: 83%
Worst Leg – LOS B
Crossing Dist: 60’
Yield Rate: 99%
Worst Leg – LOS C
Safety (Predicted Crashes/Yr)0.82 (All)
0.17 (Fatal/Inj.)
2.33 (All)
1.17 (Fatal/Inj.)
Total Daily Emissions (kg)22 38
Right-of-Way Impact (width)195 110
Construction Cycle Cost $4,300,000 $3,600,000
25-Yr Life Cycle Cost $4,425,000 $3,860,000
▪Roundabout option cannot
adequately serve the PM
peak hour traffic
▪Roundabout option requires
significant ROW space due to
the slip lane
▪Signal option provides
opportunity for coordination
along US 69 with current and
potential future signals
Jurisdictions*: Story County & Iowa DOT
Study Recommendation
Add EBR Turn Lane 2025-2030
Signalize Intersection 2030-2035
Bolton-Menk.com
PARKING &MOBIILITY
GO HAND IN HAND
4) 190th Street Corridor & Cross-Section
Construct urban 2-
lane section when
existing pavement
reaches end of life
(~15-20 years)
Study
Recommendation
Bolton-Menk.com
PARKING &MOBIILITY
GO HAND IN HAND
5) Study Conclusions & Recommendations
▪Recommended Cross-Section
▪The AADT for 190th Street in 2045 is 9,000 vehicles/day.
▪2-lane roadway plus turn lanes will operate at LOS C up to 10,000 vehicles/day
▪Manage Access Control along 190th Street
▪Intersections
▪George Washington Carver Avenue – Single Lane Roundabout with northbound
right-turn slip lane or Signal with northbound right-turn lane and left-turn lanes
in all directions
▪Hyde Avenue/Grant Avenue – Single Lane Roundabout or Signal with left-turn
lanes
▪Highway 69/Grand Avenue – Signal with single northbound left, single
southbound left, and single eastbound right turn lanes
Bolton-Menk.com
Implementation
Plan
Bolton-Menk.com
Bolton-Menk.com
Thank you!
Any Questions?
ITEM #: AAMPO 2
DATE: 08-08-23
DEPT: MPO
TRANSPORTATION POLICY COMMITTEE ACTION FORM
SUBJECT: FFY 2023-2026 TRANSPORTATION IMPROVEMENT PROGRAM
AMENDMENT
BACKGROUND:
To receive federal funds for regional transportation projects, it is necessary for them to
be included in the Ames Area MPO’s Transportation Improvement Program (TIP). The
Ames Area MPO’s current TIP contains projects programmed for federal fiscal years 2023
through 2026 and was approved on July 12, 2022. The TIP may be amended in
accordance with the procedures outlined in the Ames Area MPO’s TIP and Public
Participation Plan. This process is outlined below:
Steps for TIP Amendment (as outlined in the Public Participation Plan)
1. Request for amendment(s) by member agency or MPO staff
2. Recommendation by the Transportation Technical Committee
3. Initial review by Transportation Policy Committee; Setting of public hearing date
4. Minimum 15-day public comment period
5. Public hearing and final approval by Transportation Policy Committee
The Iowa Department of Transportation (DOT) has requested to the AAMPO (see
attached request) that one of their projects be added into the FFY 2023 -2026 TIP as
follows:
Project Description
TPMS
ID
Location Project
Type
Project
Total
Federal
Aid
Federal-Aid
Program
54852 US 69 (S of Jewell Dr –
N of Bloomington Rd)
HMA
Resurfacing
with Milling
$3.6M $2.8M National Highway
Performance
Program (NHPP)
Project Location
This project was originally planned to be programmed in the FFY 2024-2027 TIP as
an FFY 2024 project due to an October 2023 letting date. However, to authorize the
project in September, which would be required to support an October letting date,
the project must be programmed in FFY 2023. Therefore, the project must be added
to the FFY 2023-2026 TIP. A TIP amendment is required to add any projects to a TIP
program.
The Transportation Technical Committee reviewed this proposed amendment on
July 27, 2023, and unanimously recommended its approval. Once the Transportation
Policy Committee has reviewed the proposed amendment at this meeting and sets the
date of public hearing, the MPO will then begin a public input period from August 9, 2023,
until August 31, 2023. After the public input period, the proposed amendment will then go
before the policy committee again for the public hearing and final approval on September
12, 2023.
ALTERNATIVES:
1. Set the date of public hearing as September 12, 2023, for approval of the proposed
amendment to the FFY 2023-2026 Transportation Improvement Program.
2. Reject the Iowa Department of Transportation’s request to amend the FFY 2023-
2026 Transportation Improvement Program.
MPO ADMINISTRATOR’S RECOMMENDED ACTION:
Approval of this TIP amendment will allow the Iowa DOT to let this project in October as
originally scheduled. Without approval, the Iowa DOT would need to delay the project
letting date and amend this project into the FFY 2024-2027 TIP instead. Additionally, the
Transportation Technical Committee has unanimously recommended approval of this
amendment. Therefore, it is the recommendation of the MPO Administrator that the
Transportation Policy Committee adopt Alternative No. 1, as noted above.
1
Thompson, Kyle
From:Chambers, Matthew <Matthew.Chambers@iowadot.us>
Sent:Tuesday, July 18, 2023 10:49 AM
To:Thompson, Kyle
Cc:Joiner, John; Pregitzer, Damion
Subject:DOT Amendment Request
Importance:High
[External Email]
Good morning Kyle,
The DOT formally requests that the AAMPO review and approve an Amendment to the 2023 STIP. The Iowa DOT added
a new HMA Resurfacing with Milling project on US69 in Ames as part of its 2024 Highway construction program. This
approximately $3.6m project spans from S of Jewel Dr to N of Bloomington Rd in Ames. The DOT plans to let this project
in October which requires authorization in September. Because this is part of FFY 2023 we need to have this project
added to the 2023 STIP.
Thank you.
Matt Chambers
Iowa Department of Transportation
Program Management
800 Lincoln Way
Ames, IA 50010
515-239-1409
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 18, 2023
The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee
meeting was called to order by Ames Mayor Pro Tem and voting member Gloria Betcher at 6:00
p.m. on the 18th day of July, 2023. Other voting members present were: Bronwyn Beatty-Hansen,
City of Ames; Amber Corrieri, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of
Ames; and Linda Murken, Story County Board of Supervisors. Ames Transit Agency
Representative Jian Janes was brought in telephonically. Ames Mayor and voting member John
Haila was absent. Voting member Tim Gartin, City of Ames; entered the meeting at 6:01 p.m.
PRESENTATION OF FINDINGS OF 190TH STREET CORRIDOR STUDY: Traffic
Engineer Damion Pregitzer discussed the background of the study. Consultant Jennifer McCoy, of
Bolton & Menk, presented the findings.
Moved by Gartin, seconded by Corrieri, to accept the report.
Vote on Motion: 2-6.Voting Aye: Corrieri, Gartin. Nay: Betcher, Beatty-Hansen, Janes, Junck,
Murken, and Rollins. Motion failed.
Moved by Junck, seconded by Murken, to table the vote to August 8, 2023.
Vote on Motion: 6-2. Voting Aye: Betcher, Beatty-Hansen, Janes, Junck, Murken, and Rollins.
Voting Nay: Corrieri, Gartin. Motion declared carried.
Moved by Murken, seconded by Janes, to review MPO documents that constitute the organization.
Motion withdrawn.
PRESENTATION OF FINDINGS OF S. DUFF AVENUE INTERCHANGE AND
CORRIDOR STUDY: Mike Forsburg of HDR presented the background and findings of the
study.
Moved by Gartin, seconded by Rollins, to accept the report.
Vote on Motion: 8-0. Motion declared passed unanimously.
POLICY COMMITTEE COMMENTS: Council Member Gartin shared a reminder that the long
range growth plan is to add 15,000 people to the community, which requires balance between
housing availability and transportation to support climate change goals.
ADJOURNMENT: Moved by Murken, seconded by Junck, to adjourn the meeting at 7:43 p.m.
Vote on Motion: 8-0. Motion declared carried unanimously.
SUMMARY OF MINUTES OF THE
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 18, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Gloria
Betcher at 7:50 p.m. on the 18th 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.
Mayor John Haila was absent.
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 18, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Gloria
Betcher at 7:50 p.m. on the 18th 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.
Mayor John Haila was absent.
CONSENT AGENDA: Moved by Corrieri, seconded by Gartin, to approve the consent agenda.
1. Motion approving payment of claims
2. Motion approving new 5-Day (September 3 – September 7, 2023) Class C Retail Alcohol
License with Outdoor Service – Apres Bar Co., 2015 Cessna Street
3. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor
Licenses:
a. Class C Liquor License with Catering Privilege and Outdoor Service – Cyclone
Experience Network, 1800 S 4th Street, Pending Dramshop Status
b. Class C Liquor License – Hy-Vee Market Grille, 640 Lincoln Way
c. Class E Liquor License – Fareway Meat Market #189, 3720 Lincoln Way
d. Class C Liquor License with Catering Privilege and Outdoor Service – Sweet Carolines,
316 Main Street
e. Class C Liquor License with Catering Privilege and Outdoor Service – The Mucky Duck
Pub, 3100 S. Duff Avenue, Pending Dramshop Status
f. Class E Liquor License – Kum & Go #1215, 4506 Lincoln Way
g. Class C Liquor License – El Azteca, 2120 Isaac Newton Drive
h. Special Class C Liquor License – Hickory Park Restaurant, 1404 S. Duff Avenue
i. Special Class C Retail Alcohol License – Botanero Latino, 604 East Lincoln Way,
Pending Dramshop Status
4. RESOLUTION NO. 23-410 approving request to join the Mid-Iowa Planning Alliance
through June 30, 2024, in the amount of $9,965.00
5. RESOLUTION NO. 23-411 approving Quarterly Investment Report for period ending June
30, 2023
6. RESOLUTION NO. 23-412 designating a City Staff member to serve in lieu of the appointed
member of City Council for the Ioway Creek Watershed Management Authority and
Headwaters of the South Skunk Watershed Management Authority
7. RESOLUTION NO. 23-413 authorizing the Mayor to sign “Certification of Local
Government Approval” on behalf of local nonprofit organizations applying for Emergency
Shelter Grant (ESG) Funds
8. Requests from Octagon Center for the Arts for Octagon Art Festival on Sunday, September
24, 2023
a. Motion approving a blanket Temporary Obstruction Permit and a blanket Vending
License for the Central Business District
b. RESOLUTION NO. 23-414 approving closure of the following streets from 5:00 a.m.
to 6:00 p.m.
i. Main Street, east of Clark to just west of Duff Avenue
ii. Douglas Avenue between 5th Street and Main Street
iii. Kellogg Avenue between south of the alley and Main Street
iv. Burnett Avenue between south of the alley and Main Street
c. RESOLUTION NO. 23-415 approving waiver of fee for blanket Vending License
d. RESOLUTION NO. 23-416 allowing usage of electricity and approving waiver of costs
of electricity
9. Requests for ECO Fair on Saturday, September 30, 2023:
a. Motion approving blanket Temporary Obstruction Permit
b. Motion approving blanket Vending License
c. RESOLUTION NO. 23-417 approving closure of 5th Street from Pearle Avenue to Clark
Avenue from 7:00 a.m. to 2:00 p.m. on Saturday, September 30
d. RESOLUTION NO. 23-418 approving closure of 35 metered spaces along 5th Street
from7:00 a.m. to 2:00 p.m. on Saturday, September 30.
e. RESOLUTION NO. 23-419 approving waiver of Vending License fee
f. RESOLUTION NO. 23-420 approving waiver of parking meter fees
10. Underground Trenching Contract for Electric Services:
a. RESOLUTION NO. 23-421 approving contract renewal and bond with Ames Trenching
& Excavating of Ames, Iowa from date of award through June 30, 2024, in an amount
not to exceed $400,000
b. RESOLUTION NO. 23-422 approving renewal of secondary contract and bond with
Zoske Electrical Services, Inc., of Iowa Falls, Iowa, from date of award through June 30,
2024, in an amount not to exceed $100,000
11. Milsoft Utility Solutions for Electric Services:
a. RESOLUTION NO. 23-423 waiving purchasing policies and procedure requirements for
competitive bidding to award a single source procurement
b. RESOLUTION NO. 23-424 awarding contract to Milsoft Utility Solutions, Abilene,
Texas for Computerized Outage Management System for the Power Plant in the amount
of $58,826.46
12. RESOLUTION NO. 23-425 authorizing Change Order No.1 to Incorp Industries, LLC of
Evansville, Indiana for $ 226,500 (inclusive of sales tax) for extra work on the Unit 8
Electrostatic Precipitator Insulation and Lagging Project
13. RESOLUTION NO. 23-426 approving Professional Service Agreement No. 1 with WHKS &
Co. of Ames, Iowa for the 2022/23 Sanitary Sewer Rehabilitation Construction Observation,
thereby adding US Highway 69 project location to contract, in the amount of $79,500
14. RESOLUTION NO. 23-427 accepting year one of the five-year Water Plant Well
Rehabilitation Contract as completed by Northway Well and Pump Company of Waukee,
Iowa in the amount of $141,377.00
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Pro Tem Betcher opened the Public Forum.
Richard Deyo, 505 8th Street Apt. #2, Ames, discussed his concerns about clothing requirements
in Council Chambers.
Mayor Pro Tem Betcher closed the Public Forum when no one else came forward to speak.
ES TAS LIQUOR LICENSE: Chief of Police Geoff Huff presented the Council Action Form
(CAF).
Mayor Pro Tem Betcher opened the Public Input.
Luke Craven, 699 Walnut Avenue, Des Moines, spoke in favor of renewing the liquor license.
Mayor Pro Tem Betcher closed the Public Input.
Moved by Gartin, seconded by Beatty-Hansen, to deny renewal of Class C Retail Alcohol License
– Terry & Andy’s Tacos Inc. (Es Tas) 216 Stanton, Pending Dramshop Status.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST READING OF MINIMUM EXTERIOR PROPERTY MAINTENANCE
ORDINANCE: Mayor Pro Tem Betcher read a letter from Mayor Haila outlining the history of
the proposed property maintenance code. Fire Chief Rich Higgins and Building Official Sara Van
Meeteren presented on the proposed property maintenance code.
Moved by Junck, seconded by Beatty-Hansen to approve Alternative 2, to continue Public Hearing
to August 8, 2023.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to change Section 17a to read “roofing materials
shall be in good condition and made up of materials appropriate to the application,” and remove
“consistent coloration.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to change Section 17c to take out “in good
condition.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Junck, to amend the wording of Section 17d to read
“exterior walls are free of holes and made of material appropriate to the application" and remove
everything else.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Corrieri, to amend the wording in the first sentence of
Section 17h to remove the phrase after “intact” (not in a condition of deterioration, are of uniform
coloration and are not patched with dissimilar materials) to read “not in a condition of
deterioration, are of uniform coloration and are not patched with dissimilar materials” and remove
“no flaking or chipped paint or outer loose material dominates or detracts from the exterior
appearance of the structure.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Junck, to amend the wording of the last sentence of Section
17i to read “all fencing shall be of materials appropriate to the application.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Rollins, to amend Section 30.5, Item 3 to read “longer than
60 days.”
Motion withdrawn.
Moved by Beatty-Hansen, seconded by Rollins, to amend the wording of Section 13 to read
“noxious weeds or those deemed invasive by the City Forester.”
Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting
Nay: Gartin.
Motion declared carried.
The Public Hearing was opened by Mayor Pro Tem Betcher.
Ann Rezarch, 1414 Kellogg Avenue, Ames, stated the ordinance should be communicated so that
a person does not have to be present at the meeting to have it make sense. She noted that pitting
neighbor against neighbor is a dangerous move.
Keith Kutz, 621 7th Street, Ames, shared he supported the spirit of the ordinance, but thought
problems arose when the ordinance crossed over into subjective. He asked that property value
concerns be taken out.
Brenda Kutz, 621 7th Street, Ames, thanked the City Council for addressing several of her concerns
already. She stated her concern for the health of trees in the community with the proposed pruning
requirements.
Austin Stewart, 437 Hilltop Avenue, Ames, stated he was concerned with protecting the vulnerable
members of society and unless there is a guarantee to have assistance or some sort of program to
help people maintain these things, the ordinance is “punitive.”
Sharon Stewart, 437 Hilltop Avenue, Ames, stated the Appeals board was so specific that the
intention was lost, and that would be dangerous. She shared the need to focus on being kind to
each other, reach out and help each other.
Robbie Kroeschell, 771 7th Street, Ames, shared the potential of needing to add more staff time for
enforcement and inspections does not seem like something that can be ignored.
Jeri Neal, 916 Ridgewood Avenue, Ames, advocated for oversight of the complaint process. She
encouraged staff that it seems crucial to have accessible, well-defined pathways to have approval
given before action is taken on a property. Ms. Neal thanked the City Council for clarifying the
intent of the ordinance.
Mayor Pro Tem Betcher closed the Public Hearing when no one else came forward to speak.
Moved by Junck, seconded by Beatty-Hansen to have Section 30.1 state “The purpose of this
chapter is to protect the health, welfare, and safety of the citizens of the City of Ames by
establishing minimum property maintenance standards; to provide for the removal of nuisances as
defined in this chapter; and for the enforcement and penalties for violation hereof.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Junck, to insert language that the “property remain fit for
occupancy” in Section 30.1.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Beatty-Hansen, that penalties are reduced in Section 30.3 to $50
fine for a first infraction, and subsequent infraction fines being $100.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rollins, seconded by Beatty-Hansen, to have staff reevaluate the subjectiveness of the
definition of injurious in Section 30.5.
Motion withdrawn.
Moved by Rollins, seconded by Beatty-Hansen, to have Section 30.5 state only “nuisances shall
include the following.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Betcher, seconded by Corrieri, to ask staff to bring back language that covers dead trees
on private property that could endanger the property of others.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST READING OF AN ORDINANCE AMENDING AMES MUNICIPAL CODE
SECTION 11.4 REGARDING URINATION AND DEFECATION: The Public Hearing was
opened and closed by Mayor Pro Tem Betcher when no one came forward to speak.
Moved by Corrieri, seconded by Rollins, to pass on first reading an ordinance Amending Ames
Municipal Code Section 11.4 Regarding Urination and Defecation.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND READING OF ORDINANCE ON REZONING OF 314 BORNE AVENUE FROM
GENERAL INDUSTRIAL (GI) TO GOVERNMENT/AIRPORT DISTRICT (S-GA):
Moved by Beaty-Hansen, seconded by Corrieri, to pass on second reading an ordinance on
Rezoning of 314 Borne Avenue from General Industrial (GI) to Government/Airport District (S-
GA).
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND READING OF ORDINANCE ON ZONING TEXT AMENDMENT TO
PARKING STANDARDS FOR RETAIL SALES AND SERVICES-GENERAL TO TWO
SPACES PER 1,000 SQUARE FEET: Moved by Rollins, seconded by Corrieri, to pass on
second reading an ordinance on Zoning Text Amendment to Parking Standards for Retail Sales
and Services-General to two spaces per 1,000 square feet.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Pro Tem Betcher noted
there were five items of correspondence to be considered.
The first was a compilation of emails from Ames Residents with public comments on the proposed
minimum exterior property maintenance ordinance. Mayor Pro Tem Betcher noted these were for
information only.
The second was a letter from Eric and Shelly Mathre with a Rezoning Request.
Moved by Beatty-Hansen, seconded by Corrieri, to request a memo from staff with options.
Vote on Motion: 6-0. Motion declared carried unanimously.
A letter from Chuck Winkleblack requesting an amendment to the Dayton Avenue Development
Agreement regarding the First Speculative Building Completion Date was next.
Moved by Corrieri, seconded by Rollins to place the item on a future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
The next item was a letter from Justin Dodge requesting an amendment to the Auburn Trail
Subdivision Development Agreement with a Trigger Mechanism for Completion of Path on West
Side of Hyde Avenue.
Moved by Betcher, seconded by Rollins, to request a memo from staff with options.
Vote on Motion: 6-0. Motion declared carried unanimously.
The last item was a letter from Planning and Housing Director Kelly Diekmann regarding a request
to amend Cedar Lane Paving Requirement for Ansley Subdivision.
Moved by Gartin, seconded by Beatty-Hansen, to place the item on a future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: The Mayor Pro Tem and Council Members reported on various
meetings attended, upcoming meetings, community events, and items of interest.
Moved by Beatty-Hansen, seconded by Junck, to request the Legal Department provide
information on if it is legal to have your shirt off in Council Chambers.
Motion withdrawn.
CLOSED SESSION: Council Member Junck asked City Attorney Mark Lambert if there was a
legal reason to go into Closed Session. Attorney Lambert replied in the affirmative citing Section
20.17(3), Code of Iowa, to discuss measures presently in or threatened to be in litigation.
Moved by Corrieri, seconded by Beatty-Hansen, to go into Closed Session at 10:10 p.m.
Roll Call Vote: 6-0. Motion declared carried unanimously.
The City Council reconvened in Regular Session at 10:50 p.m.
Moved by Corrieri, seconded by Beatty-Hansen, to pursue the course of action as determined in
the Closed Session.
Roll Call Vote: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, and Rollins. Voting
Nay: Gartin. Motion declared carried.
ADJOURNMENT: Moved by Corrieri, seconded by Beatty-Hansen, to adjourn the meeting at
10:51 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Grace Bandstra, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
SUMMARY OF MINUTES OF THE
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 27, 2023
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00
p.m. on the 27th 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. Council Member Gloria Betcher joined the meeting
telephonically. Ex officio Tabita Etten was absent.
CONSENT AGENDA: Council Member Junck requested to pull Item No. 6.
Moved by Corrieri, seconded by Beatty-Hansen, to approve the consent agenda less Item No. 6.
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 NO. 23-428 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 NO. 23-429 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 NO. 23-430 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 NO. 23-431 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 NO. 23-432 approving contract and bond for the Furman Aquatic Center Pool
Basin Repainting project with Amusement Restoration Companies, of Burnet, Texas
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
CONTRACT FOR CYRIDE FY 2024 FUEL PURCHASE TO RENEWABLE ENERGY
GROUP OF AMES, IOWA, FOR FUEL PURCHASES: Council Member Junck noted that she
requested to pull the aforementioned item due to conflict of interest.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 23-430 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.
Roll Call Vote: 5-0-1, Council Member Junck abstaining due to conflict of interest. Resolution
declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
2
PUBLIC FORUM: Mayor Haila opened and closed the Public Forum when no one came forward
to speak.
FITCH FAMILY INDOOR AQUATIC CENTER UPDATE: Parks and Recreation Director
Keith Abraham and Recreation Superintendent Courtney Kort provided the update, focusing on
the design development stage and project budget. Following the presentation, the members of the
City Council engaged in discussion, during which questions were addressed by staff as well as
consultants Brad Rodenburg of RDG Planning and Design and Brant Carr of Story Construction.
NATURAL GAS SUPPLY CONTRACT: Electric Services Director Don Kom, Assistant
Director of Electric Services Curtis Spence, and Director of Public Works John Joiner presented
the Council Action Form.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 23-433 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.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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: Planner
Benjamin Campbell shared that the applicant that introduced this issue is no longer planning to
proceed with the proposed location for the sports practice facility; however, staff still supports the
Zoning Text Amendment as future benefits would be realized.
The Public Hearing was opened and close by the Mayor when no one came forward to speak.
Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance 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.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND READING OF AN ORDINANCE AMENDING AMES MUNICIPAL CODE
SECTION 11.4 REGARDING URINATION AND DEFECATION: Moved by Rollins,
seconded by Corrieri, to pass on second reading an ordinance amending Ames Municipal Code
Section 11.4 regarding Urination and Defecation.
Roll Call Vote: 6-0. Motion declared carried unanimously.
3
THIRD READING AND ADOPTION OF ORDINANCE NO. 4506 ON REZONING OF 314
BORNE AVENUE FROM GENERAL INDUSTRIAL (GI) TO GOVERNMENT/AIRPORT
DISTRICT (S-GA): Moved by Corrieri, seconded by Rollins, to pass on third reading and adopt
ORDINANCE NO. 4506.
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila stated that there was
one item to consider from Casey and Nick Johnson of Ames Ford Lincoln regarding a request for
green space requirement variance for electric vehicle chargers.
Moved by Corrieri, seconded by Beatty-Hansen, to request a memo from staff.
Moved by Corrieri, seconded by Beatty-Hansen, to amend the previous motion and place the item
on a future agenda.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings
attended, upcoming meetings, community events, and items of interest.
Moved by Corrieri, seconded by Beatty-Hansen, to request a memo from staff regarding
suggestions on areas of the code as it relates to developments where it would be appropriate for
staff-level approval of requests.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Rollins, seconded by Corrieri, to adjourn the meeting at 8:29 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
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)
Transit New England Wheel
Lowfloor Cutaway Bus
1 $604,193.00 Hoglund Bus & Truck
Company
$0.00 $28,266.00 B. Phillips QE
Finance OpenScape 4000 V10
Upgrade
1 $48,564.72 Black Box Network
Services
$0.00 $-(2,542.18) N. Masteller QE
Public Works 22/23 Fire Station 3 PCC
Replacement Project
1 $228,269.50 Brothers Concrete $0.00 $-(304.60) T. Peterson KS
Electric
Services
Consulting Services - MISO
Transmission Rate Review
and Calculation
2 $94,500.00 MCR Performance
Solutions LLC
$10,000.00 $$16,380.00 B. Phillips KS
Electric
Services
Consulting Services - MISO
Transmission Rate Review
and Calculation
3 $94,500.00 MCR Performance
Solutions LLC
$26,380.00 $435.00 B. Phillips KS
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: July 2023
For City Council Date: August 8, 2023
Item No. 3
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
THE SCENE, LLC
NAME OF BUSINESS(DBA)
SIPS AND PADDY'S IRISH PUB
BUSINESS
(515) 231-8388
ADDRESS OF PREMISES
126 Welch Ave
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
story
ZIP
50014
MAILING ADDRESS
126 Welch Ave
CITY
Ames
STATE
Iowa
ZIP
50014
Contact Person
NAME
ANDREW WHITE
PHONE
(515) 231-8388
EMAIL
whitecor2@gmail.com
License Information
LICENSE NUMBER
LC0047689
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Pending
Dramshop
Review
EFFECTIVE DATE
Oct 30, 2022
EXPIRATION DATE
Oct 29, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 4
Page 2 of 2
PRIVILEGES
Outdoor Service
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
No Ownership information found
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
Sep 8, 2023
OUTDOOR SERVICE EXPIRATION
DATE
Sep 10, 2023
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
THE SCENE, LLC
NAME OF BUSINESS(DBA)
SIPS AND PADDY'S IRISH PUB
BUSINESS
(515) 231-8388
ADDRESS OF PREMISES
126 Welch Ave
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
story
ZIP
50014
MAILING ADDRESS
126 Welch Ave
CITY
Ames
STATE
Iowa
ZIP
50014
Contact Person
NAME
ANDREW WHITE
PHONE
(515) 231-8388
EMAIL
whitecor2@gmail.com
License Information
LICENSE NUMBER
LC0047689
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Pending
Dramshop
Review
EFFECTIVE DATE
Oct 30, 2022
EXPIRATION DATE
Oct 29, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 5
Page 2 of 2
PRIVILEGES
Outdoor Service
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
No Ownership information found
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
Sep 22, 2023
OUTDOOR SERVICE EXPIRATION
DATE
Sep 24, 2023
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Learfield Levy Foodservice, LLC
NAME OF BUSINESS(DBA)
Cyclone Experience Network
BUSINESS
(515) 296-3805
ADDRESS OF PREMISES
1800 S 4th St Jack Trice Stadium
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50011
MAILING ADDRESS
980 N Michigan Ave Suite 400
CITY
Chicago
STATE
Illinois
ZIP
60611
Contact Person
NAME
Cassi Chambers
PHONE
(312) 664-8200
EMAIL
cassi.chambers@compass-usa.com
License Information
LICENSE NUMBER
LC0041935
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
Aug 17, 2022
EXPIRATION DATE
Aug 16, 2023
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 6
Page 2 of 3
PRIVILEGES
Catering
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Robert Ellis Deerfield Illinois 60015 Vice
President
0.00 Yes
Andrew Lansing Chicago Illinois 60614 Co-President 0.00 Yes
Cole Gahagan Dallas Texas 75225 Co-President 0.00 Yes
Sherif Dosunmu Oak
Park
Illinois 60304 Secretary 0.00 Yes
Elizabeth
Shakespeare
Chicago Illinois 60657 Treasurer 0.00 Yes
Insurance Company Information
Page 3 of 3
INSURANCE COMPANY
National Union Fire Insurance
Company of Pittsburg, PA
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Learfield Levy Foodservice LLC
NAME OF BUSINESS(DBA)
Levy @ Fisher Theater
BUSINESS
(704) 328-6603
ADDRESS OF PREMISES
1805 Center Drive Fisher Theater
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50011
MAILING ADDRESS
980 N. MIchigan Avenue
CITY
Chicago
STATE
Illinois
ZIP
60611
Contact Person
NAME
Cassi Chambers
PHONE
(704) 328-6603
EMAIL
cassi.chambers@compass-usa.com
License Information
LICENSE NUMBER
LC0046416
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
July 1, 2023
EXPIRATION DATE
June 30, 2024
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 7
Page 2 of 3
PRIVILEGES
Catering
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Robert Ellis Deerfield Illinois 60015 Vice
President
0.00 Yes
Andrew Lansing Chicago Illinois 60614 Co-President 0.00 Yes
Cole Gahagan Dallas Texas 75225 Co-President 0.00 Yes
Sherif Dosunmu Oak
Park
Illinois 60304 Secretary 0.00 Yes
Elizabeth
Shakespeare
Chicago Illinois 60657 Treasurer 0.00 Yes
Insurance Company Information
Page 3 of 3
INSURANCE COMPANY
National Union Fire Insurance
Company
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Learfield Levy Foodservice LLC
NAME OF BUSINESS(DBA)
Levy @ Scheman Building
BUSINESS
(704) 328-6603
ADDRESS OF PREMISES
1805 Center Street Scheman
Building
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50011
MAILING ADDRESS
980 N. Michigan Avenue
CITY
Chicago
STATE
Illinois
ZIP
60611
Contact Person
NAME
Cassi Chambers
PHONE
(704) 328-6603
EMAIL
cassi.chambers@compass-usa.com
License Information
LICENSE NUMBER
LC0046427
LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
July 1, 2023
EXPIRATION DATE
June 30, 2024
LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
Item No. 8
Page 2 of 3
PRIVILEGES
Catering
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Robert Ellis Deerfield Illinois 60015 Vice
President
0.00 Yes
Andrew Lansing Chicago Illinois 60014 Co-President 0.00 Yes
Sherif Dosunmu Oak
Park
Illinois 60304 Secretary 0.00 Yes
Elizabeth
Shakespeare
Chicago Illinois 60657 Treasurer 0.00 Yes
Cole Gahagan Dallas Texas 75225 Co-President 0.00 Yes
Insurance Company Information
Page 3 of 3
INSURANCE COMPANY
National Union Fire Insurance
Company
POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
515.239.5133 non-emergency
515.239.5130 Administration
515.239.5429 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
Police Department
MEMO
Smart Choice
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Mike Arkovich, Ames Police Department
Date: July 14th, 2023
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
Going to the City Council for renewal on August 8, 2023, are:
Hy-Vee Gas #5013, (4018 West Lincoln Way), Class C Beer Permit
Inside Golf, (2801 Grand Ave #1075), Class C Liquor License
Iowa State Center – CY Stephens, (1900 Center Drive) Class C Liquor License
Kwik Stop Liquor & Groceries, (125 6th Street) Class E Liquor License
A review of police records for the past 12 months found no liquor law violations for the
above locations. The Ames Police Department recommends the license renewal for the
listed businesses.
Item No. 9
1
ITEM #: 10
DATE: 08-08-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: REJECT BIDS FOR WATER TREATMENT PLANT DISTRIBUTED
ANTENNA SYSTEM PROJECT
BACKGROUND:
The exterior of the Water Treatment Plant (WTP) is constructed primarily of pre-cast
concrete panels and the interior of the structure also contains pre-cast concrete, poured-
in-place concrete, as well as steel piping and equipment. These components, along with
the large volume of water that is continuously moving through treatment, has created an
environment that does not allow cellular phone signals to transmit easily within the facility.
The WTP is staffed 24-hours per day and only one staff member is present for much of
the time. A key safety component for the WTP staff is the ability to make and receive
routine and emergency phone calls from anywhere within the building.
This project would extend the cellular networks of Verizon and US Cellular throughout the
building and would allow routine safety calls to be made or received anywhere inside of
the WTP. Improvement of the cellular signal within the building will also enhance the
abilities of the Incident Command Center (ICC), as the ICC now operates out of the WTP
when the need arises to activate it.
The project first appeared in the Capital Improvements Plan in FY 2019/2020. Design
expenses were estimated at $42,000 and $315,000 was estimated for construction, for a
project budget of $357,000. A total of $10,756 was expended in FY 2021/22, and the
remaining balance of $346,244 was carried over into the FY 2022/23 budget and remains
available for this work.
A Notice to Bidders for the WTP Distributed Antenna System Project was issued on April
25, 2023, and a bid due date of May 31, 2023, was set. Three bids were received on the
bid due date. A fourth bid was received, but it was determined to be non-responsive and
is not being considered further. A copy of the bid tabulation is included below:
Bidder Lump Sum Bid
Profusion Wireless, LLC $223,700.00
Murphy Tower Service, LLC $352,994.60
Communication Innovators $461,498.00
Engineer’s Estimate $227,676.50
2
A Report of Bids was submitted to Council on June 13, 2023. Since then, staff
communicated with the bidders to determine why the bids received were so wide-ranging
in price. During that communication, it was discovered that the apparent low bidder,
Profusion Wireless, LLC, had neglected to include all required components of the
Distributed Antenna System in their bid. It was determined that this would cause the bid
received by Profusion Wireless, LLC, to be non-responsive.
The two remaining bids are above the budgeted amount and are well above the
Engineer’s Estimate. Staff and the design consultant, Commdex, LLC, are continuing
discussions about the project and are working to change the project’s scope in order to
find a more economical way of completing the Distributed Antenna System project. Thus,
staff is recommending that Council reject all bids at this time. If it is determined
that the project can be completed within the approved budget, staff will bring it
back to City Council to issue a new Notice to Bidders.
ALTERNATIVES:
1. Reject all bids for the Water Treatment Plant Distributed Antenna System Project.
2. Award a contract to Murphy Tower Services, LLC, of Carlisle, Iowa, in the amount
of $352,994.60 and identify funding from other projects to cover the budget
shortfall.
CITY MANAGER’S RECOMMENDED ACTION:
Improvement of the cellular coverage at the Water Treatment Plant is a priority for
employee safety and Incident Command Center functionality. Unfortunately, the bids
received exceed the budgeted amount and staff believe that altering the scope of the
project to reduce costs is feasible. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
ITEM #: 11
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: BIRD FRIENDLY COMMUNITY RECERTIFICATION
BACKGROUND:
The City of Ames became a Bird Friendly Community in 2020 after submitting an
application in partnership with Iowa Wildlife Center, Iowa Young Birders, Wild Birds
Unlimited, Iowa Audubon, Iowa DNR Wildlife Diversity Program, Iowa Natural Heritage
Foundation, Friends of Brookside Park, The Community Academy, and Big Bluestem
Audubon Society. In 2022, the City of Ames achieved Sustained Flight status as a Bird
Friendly Community for all the work being done through all partners to focus on educating
and engaging the public about birds, reducing threats to birds, and protecting, restoring,
and enhancing the bird habitat. An additional partnership is now being added through
Prairie Rivers of Iowa working with the City of Ames to create the City of Ames
Pollinator-Friendly Community Plan.
The City of Ames is dedicated to improving native vegetation in our city parks and along
waterways to build a connected system of greenways for bird habitat and migration. The
City of Ames has 302 documented bird species within City limits and several educational
programs to promote the use of native trees, perennials and shrubs to enhance bird
habitat and provide food sources for birds.
A Bird Friendly Community Proclamation (attached) was signed and read by the Mayor
on August 11, 2020. City of Ames staff is working to submit the 2023 recertification,
which now has a requirement to include a resolution of support.
ALTERNATIVES:
1. Approve a resolution supporting the City of Ames continued designation as a
member of Bird Friendly Iowa.
2. Direct staff to make changes to the program.
CITY MANAGER’S RECOMMENDED ACTION:
Supporting the continued designation as a member of Bird Friendly Iowa shows the
community’s desire to maintain bird habitat and migration. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
noted above.
ITEM #: 12
DATE: 08-08-23
DEPT: ADMIN
COUNCIL ACTION FORM
SUBJECT: ENCROACHMENT PERMIT FOR AWNING OUTSIDE BUILDING AT 211
AND 209 MAIN STREET
BACKGROUND:
The owner in the building at 211 & 209 Main Street, Heroic Ink and Heroic Hair, is seeking
approval for an awning outside the building that is 9 feet high and 8 feet, six inches wide.
An Encroachment Permit is necessary to allow this awning to be installed over the right-of-
way.
Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment
Permit Agreement by the City Council before the Permit can be issued. By signing the
Agreement, the applicant and owner agree to hold harmless the City against any loss or
liability as a result of the encroachment, to submit a certificate of liability insurance that
protects the City in case of an accident, and to pay the fee for the Encroachment Permit.
The applicant and owner also understand that this approval may be revoked at any time by
the City Council. The fee for this permit was calculated at $25, and the full amount has
been received by the City Clerk’s Office along with the certificate of liability insurance.
ALTERNATIVES:
1. Approve the request for an encroachment permit.
2. Deny the request for an encroachment permit.
CITY MANAGER’S RECOMMENDED ACTION:
The application meets the criteria for the approval of an Encroachment Permit, and the
required fee and insurance have been received by the City Clerk’s Office. It is therefore,
the recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
ITEM #: 13
DATE: 08-08-23
DEPT: ADMIN
COUNCIL ACTION FORM
SUBJECT: ENCROACHMENT PERMIT FOR SIGN OUTSIDE BUILDING AT 2700
GRAHAM STREET, NEIGHBORS HEATING AND COOLING
BACKGROUND:
The tenant in the building at 2700 Graham Street, Neighbors Heating & Cooling, is seeking
approval for a sign outside the building that is 84 inches high and 44 inches wide. An
Encroachment Permit is necessary to allow this sign to be installed over the right-of-way.
Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment
Permit Agreement by the City Council before the Permit can be issued. By signing the
Agreement, the applicant and owner agree to hold harmless the City against any loss or
liability as a result of the encroachment, to submit a certificate of liability insurance that
protects the City in case of an accident, and to pay the fee for the Encroachment Permit.
The applicant and owner also understand that this approval may be revoked at any time by
the City Council. The fee for this permit was calculated at $25, and the full amount has
been received by the City Clerk’s Office along with the certificate of liability insurance.
ALTERNATIVES:
1. Approve the request for an encroachment permit.
2. Deny the request for an encroachment permit.
CITY MANAGER’S RECOMMENDED ACTION:
The application meets the criteria for the approval of an Encroachment Permit, and the
required fee and insurance have been received by the City Clerk’s Office. It is therefore,
the recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
1
ITEM #: 14
DATE: 08-08-23
DEPT: FIN
COUNCIL ACTION FORM
SUBJECT: RESOLUTION AUTHORIZING AND APPROVING A LOAN
DISBURSEMENT AGREEMENT AND PROVIDING FOR ISSUANCE AND
SECURING PAYMENT OF $2,150,000 IN SEWER REVENUE BONDS,
SERIES 2023
BACKGROUND:
This resolution is the final step in authorizing a not-to-exceed amount of $2,150,000 in
Sewer Revenue Bonds through the Iowa Clean Water State Revolving Loan Fund (SRF)
in support of the annual program for rehabilitation/reconstruction of deficient sanitary
sewer and deteriorated manholes at various locations throughout the City. This specific
project includes the rehabilitation of sanitary sewers along US Hwy 69 (Basin 12: S Duff,
Lincon Way, and Grand Ave).
On June 13, 2023, bids for the project were accepted by City Council, and on July 11,
2023, the City Council held a public hearing and adopted a resolution instituting
proceedings to take additional action for the authorization of a loan disbursement
agreement in an amount not to exceed $2,150,000 and identified the Iowa Clean Water
State Revolving Loan Fund (SRF) as the funding source in anticipation of the identified
repairs. Additionally, Council awarded the contract for sewer rehabilitation to Jet Drain
Services LLC of Ames, Iowa, in the amount of $1,353,819.
Staff believes the SRF program offers the lowest cost option to borrow for capital projects,
with a 1.75% annual interest rate, a 0.25% annual servicing fee, and a 0.5% origination
fee. The funding source for the repayment of the loan will be sewer utility revenues which
have been included in the financial model used to project future rate increases.
ALTERNATIVES:
1. Adopt a resolution approving a State Revolving Fund Agreement an amount not-
to-exceed $2,150,000 to be repaid with Sewer Utility Revenue.
2. Do not approve the loan and disbursement agreement and provide staff additional
direction for the financing of the project.
CITY MANAGER’S RECOMMENDED ACTION:
Authorization of the construction loan will allow the City to access State Revolving Funds
to finance the necessary sewer improvements. The financing terms of the SRF program
are the most cost-effective method of financing the project. The principal and interest
2
payments related to the loan have been accounted for in the Sewer Fund rate design.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM #: 15
DATE: 08-08-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: FUNDING AGREEMENTS ASSOCIATED WITH STORY COUNTY EDGE
OF FIELD PROJECT
BACKGROUND:
The Water Pollution Control Facility (WPCF) is being converted to a nutrient removal
treatment technology. Separate from the work that will occur inside the treatment plant,
watershed-based improvements performed by the City can be “banked” as credit toward
any future, more stringent nutrient reduction regulations imposed on the WPC Facility.
On February 24, 2021, staff executed a Memorandum of Understanding with the Iowa
Department of Natural Resources to allow these off-site nutrient reductions to be banked
with the Iowa Nutrient Reduction Exchange.
Over the past 24 months, staff has
developed a partnership with multiple
entities to bundle together Edge-of-Field
(EOF) practices that can be bid as a single
bid package. The first year of the project is
nearing completion with 22 tile outlets in
Story County being treated by either
saturated buffers or bioreactors. These
practices allow natural removal of nitrogen
from subsurface drainage before it enters a
stream or other surface waters.
The success of the project’s first year was
due in large measure to the collaboration
between City staff, Story County, Story
County Conservation, Story County Soil &
Water Conservation District (SWCD), and
the Iowa Department of Agricultural and
Land Stewardship (IDALS). Staff from the
Water & Pollution Control Department are
again working in collaboration with these
groups to develop a project involving 20 to
30 installations, each treating tile drainage
from fields ranging in size from 20 to 100
acres.
A bioreactor being installed as a part of Year 1
of the Story County Edge of Field project.
2
The City of Ames acts as the fiscal agent for the Edge of Field Project. This includes
receiving funds from the different partners, procuring necessary temporary easements,
and then contracting for the work to be performed. The funding for this project will consist
of 75% from IDALS and 25% split equally between the City and Story County. The
estimated cost for the City’s share is $50,000 which will come from the Watershed Based
Nutrient Reduction Capital Improvements Project, which sets aside $200,000 per year for
watershed-based projects.
Currently, the EOF project has been limited to work occurring in Story County. The Story
County Soil & Water Conservation District provides important technical assistance during
the design of the practices, and also manages the 10-year maintenance agreement with
the landowners. A large majority of the Skunk River watershed extends into Hamilton
County, and it is possible for the City to extend the EOF project into Hamilton County and
“bank” the nutrient reduction credits created with the Iowa Nutrient Reduction Exchange.
To facilitate an expansion of the EOF project into Hamilton County, the Hamilton
County Soil & Water Conservation District needs to be added to the 28E Agreement
already in place between the City of Ames, the Iowa Department of Agricultural and
Land Stewardship – Division of Soil Conservation and Water Quality, and the Story
County Soil & Water Conservation District. City staff has coordinated with the Ames
Legal Department and each entity to review the agreement. The agreement (attached)
has been finalized and is now ready for approval by City Council.
With assistance from the 28E partners, sites in Hamilton County will be evaluated for their
suitability for the project and the landowners will be educated about the EOF project. Each
landowner that participates will be required to sign a 10-year maintenance agreement
and allow temporary access to their property during construction, for which they will be
compensated. Installation of EOF practices in Hamilton County could potentially begin
as early as 2025.
The attached 28E agreement has already been signed by both the Story County and
Hamilton County Soil and Water Conservation Districts. Once the City has executed the
agreement, it will be forwarded to IDALS for the final signatures.
ALTERNATIVES:
1. Approve a 28E agreement for fiscal agent assistance with the Iowa Department of
Agriculture and Land Stewardship – Division of Soil Conservation and Water
Quality, City of Ames, Story County Soil & Water Conservation District, and
Hamilton County Soil & Water Conservation District.
2. Do not approve the 28E Agreement. Without the agreement, the City would then
be responsible for enforcing the maintenance agreements and would not have
access to information essential for the design of any practices in Hamilton County.
3
CITY MANAGER’S RECOMMENDED ACTION:
The Ames Water Pollution Control Facility is being converted to a nutrient removal
treatment technology. To mitigate future investment beyond what is already planned for,
watershed-based projects can be performed, and the resulting nutrient reduction credits
can be banked. Following project completion, the City will register each of these practices
and receive annual nutrient reduction credit for the lifespan of each practice.
Expansion of the Edge of Field Project into Hamilton County will allow for additional
nutrient reduction credit possibilities, and assistance from the Hamilton County Soil &
Water Conservation District is imperative for that expansion. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
ITEM #: 16
DATE: 08-08-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO IOWAY CREEK WATERSHED MANAGEMENT
AUTHORITY 28E AGREEMENT
BACKGROUND:
The City of Ames is a founding member of the 28E Agreement which formed what is now
the Ioway Creek Watershed Management Authority (WMA). The 28E Agreement, created
in 2012, includes other cities, counties, and soil and water conservation districts from the
watershed. The mission of the WMA is to engage, educate, and encourage all citizens to
improve the health, stewardship, and resiliency of local watershed resources.
On November 9, 2021, Council was asked to “confirm a vote” by the Ioway Creek
Board of Directors to make two changes to the original 28E Agreement. The first
change was to formally revise the name of the organization to reflect the new name
of Ioway Creek. The second was to accept the Hamilton County Board of
Supervisors as a new cooperator in the Ioway Creek WMA. Council passed the
action as presented. The actual amendment document is now being circulated
among the cooperators for formal approval. Council is asked to approve the
attached Amendment No. 1 to the 28E agreement.
ALTERNATIVES:
1. Approve the attached Amendment No. 1 to the 28E Agreement, changing the
name to Ioway Creek Watershed Management Authority and approving Hamilton
County as a new cooperator in the WMA.
2. Do not approve the proposed amendment.
CITY MANAGER’S RECOMMENDED ACTION:
On November 9, 2021, Council affirmed its support for changes to the Ioway Creek
Watershed Management Authority 28E Agreement. However, at that time a formal
amendment to the 28E Agreement was never signed by the parties. Therefore,
Amendment No. 1 is now being presented to Council for approval. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1,
as described above.
AMENDMENT NO. 1
To
28E Agreement
For
Squaw Creek Watershed Management Authority Agreement Between Story County, Boone
County, Webster County, City of Ames, City of Gilbert, City of Stanhope, City of Stratford,
Story County Soil and Water Conservation District, Boone County Soil and Water
Conservation District, Hamilton County Soil and Water Conservation District, and Webster
County Soil and Water Conservation District
Dated June 26, 2012
Iowa Code Section 28E.12
This AMENDMENT No. 1 is between the parties identified above, hereinafter referred to as
“Cooperators”. In consideration of the mutual covenants herein made, Cooperators agree as
follows:
SECTION 1. PURPOSE OF AMENDMENT
1. Cooperators agree to amend the name of the Watershed Management
Authority from Squaw Creek to Ioway Creek.
2. Cooperators agree that an amendment should be made to allow for Hamilton
County to join this 28E agreement.
SECTION 2. AMENDMENT ALLOWED
Section 11 of the 28E Agreement provides that the Cooperators may amend this
agreement by an affirmative vote of the majority of the governing bodies of all
Cooperators. All other terms and conditions of the Agreement identified in the caption
hereof shall remain in full force and effect except as specifically modified by this
amendment.
SECTION 3. COUNTERPARTS
The Cooperators agree that this Amendment has been or may be executed in
several counterparts, each of which shall be deemed an original and all such counterparts
shall together be one and the same instrument.
SECTION 4. EFFECTIVE DATE
This Amendment is effective as of the date of the last signature below.
Remainder of this page intentionally left blank. Signature pages follow.
IN WITNESS THEREOF, CITY OF AMES, IOWA EXECUTES THE INTERGOVERNMENTAL AGREEMENT
AMENDMENT.
Executed by City of Ames, Iowa
_____ day of __________________, 2023
Attest
Renee Hall, City Clerk John A. Haila, Mayor
STATE OF IOWA )
) ss:
COUNTY OF STORY )
On this _____ day of _____________________, 2023, before me, a Notary Public in and
for said County, personally appeared ______________________________and
____________________________to me personally known, and who being duly sworn, did say
that they are the Mayor and City Clerk, respectively of the City of Ames, created and existing
under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the
seal of said City, and that said instrument was signed and sealed on behalf of said City by
authority and resolution of its City Council as contained in Resolution No.__________ adopted
on ________________, _____, and said Mayor and City Clerk acknowledged said instrument to
be the free act and deed of said City by it voluntarily executed.
_________________________________
Notary Public for Iowa
1
ITEM #: 17
DATE: 08-08-23
DEPT: POLICE
COUNCIL ACTION FORM
SUBJECT: 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
BACKGROUND:
In July 2023, the Ames Police Department received notice that it is eligible for grant funds
through the 2023 Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
Grant funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for criminal
justice, as well as research and evaluation activities that will improve or enhance law
enforcement programs related to criminal justice.
Because the Story County Sheriff provides jail services for the county, the grant
conditions require that the Sheriff participate in the grant application under this
JAG program. Therefore, it would be appropriate for the City enter into a Memorandum
of Understanding with Story County for acquisition and use of the funds.
The total funding potentially available to the Ames Police Department and the Story
County Sheriff’s Office through this grant offering is $17,485. This year the two law
enforcement agencies propose to use the funds to continue enhancing capabilities
and expertise in mental health and wellness. A portion of the funds would also be
used to outfit Emergency Response Team (ERT) officers with new communication
headsets to replace outdated and malfunctioning headsets.
If awarded, grant funds will be used to:
1. Provide furniture in a quiet space for officers to utilize to mentally relax or reset
after a difficult call or shift. The furniture would include a couch and/or chair to
either sit on or lay down for a few minutes as needed. A bookcase/cabinet would
also be purchased to hold mental health resources, educational materials, and
supplies.
2. Send several staff members to an annual Crisis Intervention Team conference,
which is sponsored by a non-profit organization with the goal of supporting more
effective interactions on issues related to law enforcement, mental health
providers, and individuals with mental issues, their families, and communities.
3. Purchase communication headsets for the Emergency Response Team (ERT)
members. Existing headsets are failing and continually pieced together to make
them operational. Communication is vital for officers, especially in emergency
2
situations. These headsets would improve response and overall operational
capacity.
The grant requires that the Mayor to sign a Memorandum of Understanding with
Story County as well as a certifications and assurances document indicating that the
City will abide by the grant terms and conditions. These documents have been reviewed
and approved by City’s Legal Department.
There is no match required with this grant.
ALTERNATIVES:
1. Approve the Memorandum of Understanding with Story County to apply for grant
funding under the 2023 Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG)
Program, and authorize application for that grant.
2. Do not pursue a JAG grant at this time and,therefore, not approve the agreement
with the Story County or the Edward Byrne Memorial Justice Assistance Grant
(JAG) Program grant application.
CITY MANAGER’S RECOMMENDED ACTION:
JAG funds have been used productively during the past few years to purchase equipment
and provide training. The program has proven to be a valuable source of funds for special
purchases and programs. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1, as described above.
1
ITEM #: 18
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2022/23 TRAFFIC SIGNAL PROGRAM
(STATE AVE & MORTENSEN ROAD PERMANENT SIGNAL)
BACKGROUND:
At its December 10, 2019, meeting, City Council approved a Memorandum of
Understanding (MOU) with Iowa State University to construct a temporary traffic signal at
the intersection of State Avenue and Mortensen Road. This intersection contains shared
jurisdiction between ISU and the City. The temporary signal was constructed in 2020 and
the permanent signal was programmed in the FY 2022/23 budget.
A separate MOU has been prepared with Iowa State University to equally share in
the costs of the construction of a permanent traffic signal. The City‘s portion is
currently programmed with $180,000 in Road Use Tax. Iowa State University also
has $180,000 programmed for its share.
The City will be responsible for overseeing the procurement and installation of the
signal. Once installed, the City will be responsible for operation and routine
maintenance of the signal. If the City and University agree that a major repair or
replacement of the signal is necessary in the future, the parties will split the costs
equally.
ALTERNATIVES:
1. Approve the attached MOU with Iowa State University for construction of a
permanent traffic signal at the intersection of State Avenue and Mortensen Road.
2. Reject the Agreement.
CITY MANAGER’S RECOMMENDED ACTION:
Approval of this agreement with Iowa State University will allow construction of the
permanent traffic signal to occur in 2024. Construction of the permanent signal will
significantly reduce the maintenance needs of the existing temporary signal. Delay or
rejection of this agreement could delay this signal project by at least one year and could
require additional funding. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1, as noted above.
1
City of Ames – ISU
MEMORANDUM OF UNDERSTANDING –
TRAFFIC SIGNAL AT STATE AVENUE AND MORTENSEN ROAD
THIS MEMORANDUM OF UNDERSTANDING (“Agreement”) is made and entered into
this ____th day of ______________, 2023, by and between CITY OF AMES, IOWA
(hereinafter called “City”) and IOWA STATE UNIVERSITY OF SCIENCE AND
TECHNOLOGY (hereinafter called "ISU");
WITNESSETH:
WHEREAS, the City and ISU recognize that traffic at the intersection of State Avenue and
Mortensen Road has increased in recent years; and,
WHEREAS, both the City and ISU each own 50% of the adjacent roadways; and,
WHEREAS, the City plans for work and improvements to design and install a permanent
traffic signal at the intersection of State Avenue and Mortensen Road; and,
WHEREAS, ISU recognizes the benefit of aforementioned signal and agrees to participate
in order to make needed improvements;
NOW, THEREFORE, in consideration of these premises and of the mutual promises
hereinafter set out, the parties hereto do agree and covenant as follows:
I
PARTIES
A. The Parties to this agreement are the City and ISU. No other parties shall be admitted to
this Agreement, nor shall there be any assignment of this Agreement without the express
written consent of the existing parties hereto.
B. It is not the intention of the parties to this Agreement that any new legal entity be created
by virtue of this Agreement, and the provisions of this Agreement shall not be deemed to
have created a partnership, trust or other legal entity.
II
DURATION
Both the City and ISU agree the temporary traffic signal, constructed in 2020, successfully
improved traffic flow along State Avenue and Mortensen Road. Both parties have sufficient
funds in place to build a permanent traffic signal and associated accessible pedestrian
facilities. Construction of the permanent traffic signal is anticipated to be completed in
Spring/Summer of 2024.
2
III
RESPONSIBILITIES
The work is not anticipated to be on ISU property so no access or construction agreement
is necessary.
The City will oversee the traffic signal project, including but not limited to: design, project
management, procurement of all materials, construction and inspections of the work.
ISU agrees to pay for one half of the actual costs for design, construction, inspection, and
project management associated with the traffic signal installation. ISU’s portion is estimated
not to exceed $180,000. A purchase order will be prepared to address payment of actual
costs.
ISU staff will review and comment on the construction plans and give the City approval to
proceed with letting the project. After bids are opened and the responsible low bidder is
established, ISU will review bids and provide approval to proceed. ISU will be given the
opportunity to review change orders.
At the end of the project, final expenses will be reviewed and ISU will reimburse the City for
one half of the actual expenses as described above.
City will be responsible for operation and routine maintenance of the traffic signal upon
completion of construction. Any major repair or replacement of the traffic signal required in
the future shall be discussed by the City and ISU. The City and ISU shall mutually agree on
whether a major repair or replacement is necessary and the timing of the repair or
replacement. Costs shall be split between the City and ISU equally.
IV
TIME OF THE ESSENCE
It is agreed and understood by the parties to this Agreement that time is of the essence in
performance of any action provided in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed by
their authorized representatives as of the date first above written.
AMES, IOWA IOWA STATE UNIVERSITY
By:_____________________ By:_____________________
John Haila, Mayor Shawn Norman, Senior VP for Operations
City of Ames and Finance, Iowa State University
1
ITEM #: 19
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: FY 2022/23 & 2023/24 AMES PLAN 2040 WATER UTILITY
INFRASTRUCTURE – (LINCOLN WAY & US HIGHWAY 69)
BACKGROUND:
This program involves extension of public water infrastructure into priority tiers identified
in Ames Plan 2040. By installing the water systems proactively, land in the adopted
growth tiers becomes prepared for development. This project includes extending a
new 12” water main along Lincoln Way to County Line Road and 14” water main
along US Highway 69 south of Ken Maril Road.
On March 28, 2023, City Council awarded the contract to Thorpe Contracting, LLC, of
Adel, Iowa in the amount of $705,672. Change Order No. 1 in the amount of $36,040 was
approved by staff to switch to boring a section of water main to save several mature trees
along Lincoln Way. Change Order No. 2 (this action) is in the amount of $122,970 for
additional scope of work. To meet IDOT requirements, the original water main
alignment had to be shifted to be 10’ away from the foreslope/ditch of US 69. The
information below summarizes this additional work to meet this requirement.
Additional Casing Pipe, Steel 22” diameter –DOT regulations require utility lines
installed longitudinally to primary highway right-of-way shall be encased. The
original plans show this section of the water main to be trenchless without any
encasement.
Hydrant Extensions – Per IA DOT requirement, by shifting the water main toward
the backslope, hydrant extensions were needed.
Fitting, 45-degree bend – By shifting the water main alignment away from the
foreslope/ditch, additional 45-degree fittings were required to accomplish this
work.
Excavation of Debris and Disposal – While excavating the bore pits for the
casing pipe at the water crossing, a large amount of old construction debris was
encountered. Most of the debris consisted of large pieces of concrete, steel rebar,
and wood. The debris caused several issues during the dewatering and excavation
for the bore pit. Additionally, the debris is not suitable to backfill the new water main
and, therefore, it was trucked off site. Suitable fill material was imported for backfill.
Hydrant Relocation – The connection into the existing water main on Lincoln Way
required an existing hydrant to be relocated.
2
Revenue and expenses associated with this program are estimated as follows:
Available
Revenue
Estimated
Expenses
22/23 American Rescue Plan Act (ARPA)
23/24 American Rescue Plan Act (ARPA)
$ 320,000.00
759,680.50
Construction (Base Bid)
Construction (Add Alternate) –
Change Order No. 1
Change Order No. 2 (this action)
$ 602,022
103,650
36.040
122,970
Engineering/Administration 106,000
$1,079,680.50 $ 970,682
ALTERNATIVES:
1. Approve Change Order No. 2 in the amount not to exceed $122,970.
2. Direct staff to pursue changes to the project.
CITY MANAGER’S RECOMMENDED ACTION:
By approving this change order, this project will comply with IDOT permit requirements
and SUDAS, and it will extend public water infrastructure into priority growth tiers as
identified in Ames Plan 2040. Even with the addition of this change order, the program
expenses still are estimated to be below the available programmed funding amount.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM #: 20
DATE: 08/08/23
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: ELECTRIC METER SUPPLY CONTRACT FOR ELECTRIC SERVICES
BACKGROUND:
This proposed action is for the purchase of standard residential single phase, AMR
(Automated Meter Reading) residential single phase, AMR poly phase, and AMR
programmable demand socket type electric meters to meet the needs of the Electric
Services Department inventory. These meters will be purchased from an Electric
Services Technical Services Division inventory asset account and charged to the
appropriate operations accounts as the meters are put into use.
This contract is to provide electric meters for the period from July 1, 2023, through June
30, 2024. The contract includes a provision that would allow the City to renew the
contract for up to two additional one-year terms.
Under the proposed contract, electric meters would be purchased at the City’s
discretion, which may be quarterly or on an as-needed basis. This provides the City with
flexible inventory management and helps to reduce the need for storage space. Bid
prices plus applicable sales taxes are paid directly by the Utility. Funds for the meters
will be used from the Operating Expense account, which is $118,806 for FY 2023-24.
Council should note that no contract amount is being authorized at this time,
since purchase orders will be made as these meters are purchased.
On June 13, 2023, an Invitation to Bid document was issued to 215 companies. The bid
was advertised on AmesBids (www.CityofAmes.org/AmesBids). On July 12, 2023, two
bids were received as shown below.
Vision Metering
York, SC
Van Wert Company
Grundy Center, IA
Group 1 – AMR Meters – Single Phase $75,264 $105,680
Group 2 – AMR Meters 2ERTs Single Phase $2,132 $5,840
Group 3 – AMR Meters 2ERTs Polyphase/Demand $9,968 $15,160
Group 4 – AMR Meters 2ERTs Polyphase/Demand $284 $1,080
Group 5 – AMR Meters 3ERTs Polyphase/Demand $10,284 $16,060
Total $97,932 $143,820
Lead Time 6-8 weeks 10-12 weeks for Group 1,
14-16 weeks for Groups 2-5
Staff reviewed the bids and concluded that the apparent low bidder was Vision
Metering, York, SC. Council should note that the evaluation amounts are based
on unit prices and estimated quantities from prior year purchases. The
recommended award is based on the estimated total evaluated cost, as well as
response time.
2
ALTERNATIVES:
1. Award a contract to Vision Metering of York, South Carolina, for the purchase of
electric meters in accordance with unit prices bid.
2. Award a contract to Van Wert Company of Grundy Center, Iowa, for the purchase of
electric meters in accordance with unit prices bid.
3. Reject all bids and purchase electric meters on an as needed basis at unpredictable
prices.
CITY MANAGER'S RECOMMENDED ACTION:
It is important to purchase electric meters at the lowest possible cost, together with
timely deliveries, with minimal risk to the City to meet customer needs for new service or
emergency replacements. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1 as stated above.
1
ITEM #: 21
DATE: 08-08-23
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: ENGINEERING SERVICES FOR GAS TURBINE-1 MOTOR
CONTROL CENTER RETROFIT FOR POWER PLANT
BACKGROUND:
The City operates two combustion turbines as secondary sources of power generation.
The two combustion turbines are located approximately one mile east of the Steam
Electric Plant. One of the combustion turbines is Gas Turbine-1 (GT1). GT1 is a dual-
fuel capable Pratt & Whitney simple-cycle aeroderivative gas turbine which drives a
Worthington expander coupled to an Electric Machinery air-cooled generator. GT1 was
placed into service in 1972 and has a rated capacity of 18,000 kilowatts (18 MW).
The switches, valves, and other electrical components that operate GT1 are controlled
from a centralized Motor Control Center (MCC). The MCC for GT1 was last upgraded in
2009. The communications protocol selected in the upgrade is proprietary to the
manufacturer and is now obsolete. Electric Services has had several issues with
communications to the MCC, which has affected unit reliability. There have also been
issues with getting spares for obsolete parts.
The City also is currently performing a combustion control system upgrade for both of the
combustion turbines, using AP4 as the engineering firm. AP4 does not have the capability
to provide MCC engineering. It has become apparent that retrofitting the GT1 MCC
controls and communication at the same time as the combustion control system upgrade
project is required to assure success of both projects and improve reliability.
On June 8, 2023, a Request for Proposals (RFP) document was posted to AmesBids. On
July 6, 2023, two proposals were received. Proposals were evaluated on experience,
qualifications, suitability and clarity of the response, proposed timeline, and the
Consultant’s ability to prove the quality of services that best meets the needs of the City.
Price was not a scored factor.
Two proposals were received. Staff determined the proposal from Sargent & Lundy, LLC,
Chicago, IL was not responsive. The proposal from Zachry Engineering Corporation,
Omaha, NE, in the amount of $96,000, demonstrated an acceptable project
understanding and presented qualified professionals for the project at an acceptable
price.
The FY 2023/24 budget includes $600,000 for the completion of Combustion Turbine #1
Controls Upgrades.
ALTERNATIVES:
2
1. Award a contract to Zachry Engineering Corporation, Omaha, NE, for Engineering
Services for GT1 MCC Retrofit in an amount not to exceed $96,000.
2. Award to another firm.
3. Reject all proposals.
CITY MANAGER'S RECOMMENDED ACTION:
The engineering design of the Combustion Turbine #1 MCC retrofit must be completed
to ensure the success of the Combustion Turbine Controls Update project. The correct
approach and timely delivery of the design is paramount. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 as
stated above.
1
ITEM # ___22___
DATE: 08-08-23_
DEPT: _Electric_
COUNCIL ACTION FORM
SUBJECT: UNIT 7 BOILER FEEDWATER PUMP INSPECTION & REPAIR
BACKGROUND:
Feedwater pumps are required for operation of the Power Plant, as they are the primary
pumps used to pump water through the boiler for conversion to steam to drive the turbine.
From time to time, these pumps require inspection and repair. This project includes
furnishing all services, equipment, materials, labor, supervision and management
necessary for a contractor to disassemble the Unit #7 feedwater pump, document as-
found conditions, repair or replace components, reassemble, document as-repaired
conditions, and return the pump to the City.
On June 27, 2023, an Invitation to Bid (ITB) was posted to the IonWave electronic bidding
site by Purchasing. On July 27, 2023, one bid was received from Superior Industrial
Equipment, of Grimes, IA in the amount of $115,876.95 (inclusive of sales tax). Staff
reviewed the bid and found it to be acceptable.
The FY 2022/23 operating budget included $120,000 in the Unit #7 Auxiliary Equipment
account. This money is being carried over into FY 2023/24 to finance this project.
ALTERNATIVES:
1. Award a contract to Superior Industrial Equipment, of Grimes, IA, for 72 Boiler
Feedwater Pump Inspection & Repair project at the Power Plant in the amount of
$115,876.95.
2. Reject the bid and direct staff to rebid.
CITY MANAGER'S RECOMMENDED ACTION:
This repair is crucial because boiler feed pump reliability is necessary for plant operation.
The loss of a boiler feed pump would result in reduced unit capacity or unit shutdown for
an extended period of time. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative No. 1, as stated above.
MEMO
515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
City Clerk’s Office
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: August 8, 2023
Subject: Contract and Bond Approval
There is no Council Action Form for Item No. 23. City Council approval of the contract
and bond for this project is simply fulfilling a State Code requirement.
/cmw
ITEM#: 24
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2022/23 FIRE STATION 3 PCC REPLACEMENT
BACKGROUND:
Fire Station #3 (2400 S. Duff Avenue) was constructed in 2002. Since its construction,
the concrete driveway has continued to deteriorate around the structure. Public Works
staff evaluated the driveway and recommended repair options, which ranged from
patching, partial reconstruction, to complete reconstruction. Multiple patches have been
applied to the concrete over the last five years, but were only temporary until the entire
driveway could be replaced. In spring 2021, a portion of the concrete driveway was
replaced at a cost of $41,693. The Fire Department decided to complete the remaining
driveway as one project to be completed 2023.
On February 14 , 2023, City Council awarded the project to Brothers Concrete of Ames,
Iowa in the amount of $228,269.50. Change Order 1 (Balancing) reflects the final field
measured quantities, resulting in a contract reduction of ($304.60).
Revenue and expenses associated with this project are estimated as follows:
Funding Source
Available
Revenue
Estimated
Expenses
2022/23 Fire Station 2 Concrete Replacement
(G.O. Bond Funds) $ 342,338
Final Construction Contract $ 227,964.90
Engineering and Administration 34,250.00
TOTAL $ 342,338 $ 262,214.90
ALTERNATIVES:
1. Accept the 2023/23 Fire Station 3 PCC Replacement as completed by Brothers
Concrete, of Des Moines, Iowa in the amount of $227,964.90.
2. Direct staff to pursue modifications to the project.
CITY MANAGER'S RECOMMENDED ACTION:
This project has been completed in accordance with the approved plans and
specifications. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1, as noted above.
ITEM #: 25
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2021/22 & 2022/23 CLEAR WATER DIVERSION PROGRAM
BACKGROUD:
Clear water from sump pump footing drains can cause overloading and backups in the
sanitary sewer as well as increases in the volume of clean water that is treated at the
Water Pollution Control Facility. The Clear Water Diversion program involves diverting
footing drain discharge from sanitary sewers and reducing the number of sump pumps
directly discharging over the back of curb in locations where no storm sewer exists. This
diversion results in lower volumes of clean water needing treatment and reduced ice
buildup in the curb and gutter during the winter months. This program provides a
storm water collection line in the right-of-way that allows homeowners to make
individual connections to their sump pump lines.
This project addressed: Schubert St (Sandburg Ct to Thackeray Ave), Taft Ave
(Buchanan Dr to Bloomington Rd), Wheeler St (Garner Ave to Polaris Dr), and 20th St
(Clark Ave to Burnett Ave).
On June 28th, 2022, City Council awarded the project to Ames Trenching of Ames, Iowa
in the amount of $94,500. Change Order 1 (Balancing) reflects the final field measured
quantities resulting in a contract reduction of ($3000). This reduction was due to fewer
service connections being needed than what was shown in the final plans.
Revenue and expenses associated with this program are estimated as follows:
Funding Source
Available
Revenue
Estimated
Expenses
Clear Water Diversion Program Carry Over $ 60,000
2021/22 Clear Water Diversion Program 50,000
2022/23 Clear Water Diversion Program 50,000
Final Construction Contract $ 91,500
Engineering and Administration 13,725
$ 160,000 $ 105,225
The remaining funding will be used for future similar projects.
ALTERNATIVES:
1. Accept the 2021/22 & 2022/23 Clear Water Diversion project as completed by
Ames Trenching, of Ames, Iowa in the amount of $91,500.
2. Direct staff to pursue modifications to the project.
CITY MANAGER'S RECOMMENDED ACTION:
This project has been completed in accordance with the approved plans and
specifications. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1, as noted above.
1
ITEM #: 26
DATE: 08-08-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: FINAL COMPLETION OF STORY COUNTY EDGE-OF-FIELD PROJECT
BACKGROUND:
On July 26, 2022, Council awarded a contract to Hands On Excavating, LLC of Radcliffe,
Iowa, in the amount of $240,389.42 for the installation of five saturated buffers and five
bioreactors for the Story County Edge-of-Field Project. The saturated buffers and
bioreactors will reduce the nitrogen discharge from subsurface field drainage before it
enters a stream or other surface waters. These practices can now be entered into the
Iowa Nutrient Reduction Exchange and the nutrient reductions will be ‘banked’ for future
use.
Three change orders totaling $38.80 were executed bringing the adjusted contract price
to $240,428.22. The total project expenses, funding, and authorized budget are shown
below.
Project Project Authorized
Expenses Funding Budget
Hands On Excavating, LLC (this
action) $240,428.22
Woodchip Media $5,400.00
Easement Payments $20,000.00
Engineering Services $18,300.00
Iowa Department of Agriculture and
Land Stewardship $133,368.44
Natural Resources Conservation
Service (USDA) $76,170.32
Story County Conservation $36,192.49
Story County Soil & Water
Conservation District $4,204.47
City of Ames $34,192.50
FY 2022/23 Edge-of-Field Project
(Watershed-based Nutrient
Reduction CIP) $289,634.00
$284,128.22 $284,128.22 $289,634.00
All work under the contract was completed in accordance with the plans and
specifications on August 1, 2023. Statements of Completion have been prepared by the
2
design firm, JEO Consulting Group, Inc., and the project is now ready for acceptance by
the City Council.
ALTERNATIVES:
1. Accept completion of the work in the final amount of $240,428.22 and authorize
final payment, in accordance with the contract, to Hands On Excavating, LLC of
Radcliffe, Iowa.
2. Do not accept completion of the Story County Edge-of-Field Project at this time
and provide direction to staff on the actions needed to close out the contract.
CITY MANAGER’S RECOMMENDED ACTION:
A contract to install five saturated buffers and five bioreactors as part of the Story County
Edge-of-Field Project was awarded by Council on July 26, 2022. All work for the project
has been completed in accordance with plans and specifications. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
ITEM #: 27
DATE: 08-08-23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: 2022/23 DOWNTOWN STREET PAVEMENT IMPROVEMENTS – ALLEY
(5th ST – 6TH ST BETWEEN DUFF AVE TO DOUGLAS AVE)
BACKGROUND:
This program is for reconstruction or rehabilitation of downtown streets and alleys. This
project includes the replacement of the existing alley pavement with new concrete
pavement of the alley that is behind the Adams Funeral Home and the Elks Lodge.
On February 14, 2023, City Council awarded a contract to Brothers Concrete, of Des
Moines, Iowa in the amount of $103,062.30. Two change orders were approved by staff.
Change Order No. 1 was in the amount of $4,200 to remove and haul away an existing
building footing. Change Order No. 2 (balancing) was a deduction in the amount of
($3,329), which reflects the actual measured quantities completed during construction.
Revenue and expenses associated with this program are estimated as follows:
Available
Revenue
Estimated
Expenses
2022/23 Downtown Pavement Imp. (G.O. Bonds) $ 250,000
Construction
Engineering/Administration
$ 103,933.30
15,600.00
TOTALS $ 250,000 $ 119,533.30
ALTERNATIVES:
1. Accept the 2022/23 Downtown Street Pavement Improvements – Alley (5th St – 6th
St between Duff Ave to Douglas Ave) project as completed by Brothers Concrete of
Des Moines, Iowa in the amount of $103,933.30.
2. Direct staff to pursue changes to the project.
CITY MANAGER'S RECOMMENDED ACTION:
This project was completed in accordance with he approved plans and specifications.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternate No. 1, as noted above.
1
ITEM #: 28
DATE: 08-08-23
DEPT: Police
COUNCIL ACTION FORM
SUBJECT: LIQUOR LICENSE APPLICATION (8-MONTH), TERRY & ANDY’S
TACOS, INC. D/B/A ES TAS, 216 STANTON AVENUE.
BACKGROUND:
On July 18, 2023, the City Council declined to renew a Class “C” liquor license requested
by Terry & Andy’s Tacos, Inc. (Es Tas). At that time, staff reported to the City Council that
60 on-premises violations had occurred in the past year at the establishment, and Es Tas
failed a compliance check on June 30, 2023.
The Police Department conducts compliance checks on establishments that hold liquor
licenses in the City. These compliance checks are completed by taking an underage
person to liquor licenses establishments who then attempts to purchase alcohol. A
business passes the check if the employee asks for identification and rightly refuses the
purchase. An establishment fails the compliance check if the employee sells to the
underage person. Es Tas passed two compliance checks in March and May of 2023.
Section 17.16 of Municipal Code prohibits minors to be on the premises of a liquor license
establishment unless 50% of the sales of the establishment come from food service as
opposed to alcohol. This type of operation is referred to locally as a “50/50.” A liquor-
serving establishment may also be granted permission to allow minors on the premises
during certain hours if the business can demonstrate a pattern of sales that indicate food
is more predominantly purchased during some parts of the day. At other times, such an
establishment operate more akin to a bar and must ensure no minors are on the premises
during those times.
In March 2023, Es Tas was granted 50/50 status by the Police Department, as it
demonstrated 50% of its business is food sales until 8:30 PM. The 8:30 PM cut-off time
was determined by the Police based on the time the kitchen closes in the establishment.
Es Tas submitted a plan to the Chief of Police regarding how it would keep minors from
being served alcohol. The plan provide by the establishment was voluntarily more
conservative than what would be permitted by the Police -- Es Tas management decided
to only allow 21+ on weekend nights around 3:00 PM and weekdays around 5:00 PM. Es
Tas is within its rights to elect an earlier time to disallow those under 21 in the bar, so long
as the cut-off time is posted within the establishment. It is a clear responsibility of the
establishment to remove anyone under 21 from the premises when the cut-off time
occurs.
In preparation for the license renewal requested in July, staff conducted the customary
check of records. This check identified the 60 violations mentioned previously. Of these
2
violations, 21 occurred after the time when the 50/50 status went into effect. Based on
these violations, staff conducted a compliance check directly related to the 50/50 status
to determine if minors were entering the establishment prior to the 21+ time and then
remaining on site, or if there was some other reason for the high number of violations.
On June 30, 2023, staff from the Police Department conducted a compliance check. Two
underage people entered Es Tas at 2:30 PM. The sign posted stated the bar was 21+
starting at 3:00 PM. At 3:00 PM, no effort was made by staff to remove minors from the
establishment as required by the 50/50 agreement. At 3:15 PM, one of the minors
approached the bar and purchased an alcoholic beverage. The bartender asked for ID,
but overlooked the person was under the age of 21 and served the person. When officers
cited the bartender, she stated that she has worked for Es Tas for 2 ½ years and was
unaware of the times the establishment goes to 21+.
On July 7, the Chief of Police spoke with Terry Cullen from Es Tas and revoked the
bar’s 50/50 status for failure to uphold the agreement. Mr. Cullen informed the Chief
that he would not be appealing this decision. Also discussed was the high number of
violations. Mr. Cullen admitted the 50/50 exemption was probably a mistake and
contributed to the high number of violations. The Chief also told Mr. Cullen that officers
reported that on several occasions when a citation was written, they were unable to
subsequently find a manager to discuss the violation. Mr. Cullen admitted this was a
problem, but stated the bar had recently hired a new full-time manager to ensure there is
someone in charge each night managing the establishment.
Since the denial of the license renewal in July, staff has been in contact with management
from Es Tas and has submitted several changes to the operation to address the
deficiencies that contributed to the high number of violations and the failure of the
compliance check related to the 50/50 status (see attached letter).
Specifically, those operational changes include the following:
Es Tas has hired three managers who have significant restaurant and bar
experience. This measure was implemented on June 15, 2023.
The official job duties of the Manager position have been updated to require the
Manager to significantly increase the amount of time and effort they are required
to spend monitoring the front door and exits to ensure no underage individuals are
allowed entry. This measure was implemented on June 15, 2023.
Es Tas has purchased three ID scanners. Hand ID scanners are now utilized at
the front door. The door staff is required to scan the IDs that are used to enter the
bar. These scanners document every ID used in the scanner’s memory. The
scanners and their encoded memory are always available to the Police
Department to assist with efforts to ensure no fraudulent IDs are being utilized.
This measure was implemented on July 7, 2023.
3
Es Tas hired a Security Supervisor to oversee the employees working the door to
ensure those employees are checking every customer’s ID and ensure there are
no minors allowed on the Es Tas premises. The Security Supervisor will circulate
throughout Es Tas and conduct ID checks at random times throughout all hours of
operation. This measure was Implemented on July 25, 2023.
Es Tas management and owners will conduct their own, random but regular “sting
operations” to ensure there is no admittance or service of underage individuals.
This measure was implemented July 18, 2023.
Management will be attending every Police Department ID meeting.
Management’s pay will be dependent on ensuring no minors gain entrance to the
premises, as well as continued cooperation with the Police Department. This
measure was implemented July 7, 2023.
Es Tas is requiring every fake ID to be confiscated. A cash reward will be given for
every fake ID confiscated, which was raised on June 7, 2023.
Es Tas will schedule a staff meeting every two weeks and will have a
management/owner meeting weekly. The focus of these meetings will be to ensure
that all measures and protocols are being followed. This measure was
implemented on July 26, 2023.
Es Tas will continue to have all staff complete IPACT training, as well as requiring
them to attend at least one police ID training class annually.
Es Tas has now applied for an 8-month license. Staff believes that if the
establishment follows the new operational changes listed above, then the Chief of
Police would recommend approval of the 8-month license. The 8-month license will
give staff a shorter period of time to closely monitor their performance and address any
deficiencies. A 50/50 exemption will also not be issued during this 8-month period as it
clearly contributed to the problem.
In addition, staff would recommend the following restrictions:
1. Failure of a compliance check during the 8-month license period may result in
initiation of proceedings to determine if a penalty is warranted up to Revocation of
the license.
2. If five or more minor on-premises violations are issued at Es Tas in a 24-hour
period, a report will be made to the Ames City Council regarding the number of
violations.
3. Any other serious violations that occur on the premise will also be reported to the
Ames City Council.
4
4. Ames City Council has the authority to suspend a license, revoke a license, or
impose a civil penalty for violations of Iowa Code Chapter 123 and/or violations of
the Ames Municipal Code.
5. Es Tas maintains all of the operational changes highlighted above.
123.40 Effect of revocation.
Any retail alcohol licensee, wine permittee, or beer permittee whose license or
permit is revoked under this chapter shall not thereafter be permitted to hold a
retail alcohol license, wine permit, or beer permit in the state of Iowa for a period
of two years from the date of revocation. A spouse or business associate holding ten
percent or more of the capital stock or ownership interest in the business of a person
whose license or permit has been revoked shall not be issued a retail alcohol license,
wine permit, or beer permit, and no retail alcohol license, wine permit, or beer permit shall
be issued which covers any business in which such person has a financial interest for a
period of two years from the date of revocation. If a license or permit is revoked, the
premises which had been covered by the license or permit shall not be relicensed
for one year.
ALTERNATIVES:
1. Approve the application for an 8-month liquor license with the operational changes
and restrictions outlined above.
2. Deny the application for an 8-month liquor license.
CITY MANAGER’S RECOMMENDED ACTION:
Since the denial of a 12-month liquor license in July 2023, Es Tas has made several
changes to its business operations and is proposing further changes. While it has
been a short period of time since the denial, there have been no violations since
that time including on-premises violations and compliance checks. In addition, to
the operational changes, Es Tas has agreed to restrictions provided by staff to
ensure the business continues to operate in a responsible manner. If they do not
comply, the restrictions will allow the City Council to act quickly. Therefore, it is
the recommendation of the City Manager that the City Council approve Alternative
No. 1, as noted above.
If the City Council chooses to deny the requested license, the denial can be appealed,
first to the ABD, then to an Administrative Law Judge, and then the District Court. If the
applicant files an appeal with ABD, it is allowed to continue to operate. If the appeal(s)
are not successful, alcohol may not be sold on the premise for one year, unless or until a
new licensee applies for and is granted a new liquor license.
S. LUKE CRAVEN
699 WALNUT STREET, SUITE 2000
DES MOINES, IOWA 50309
whitfieldlaw.com
515-288-6041 P 515-246-1474 F
515-246-5588 D
craven@whitfieldlaw.com
W H I T F I E L D & E D D Y , P . L . C .
July 28, 2023
Chief Geoff Huff
City of Ames Chief of Police
Sent via email to Geoff.Huff@cityofames.org
Re: Eight Month Liquor License Application for Terry & Andy’s Tacos, Inc. d/b/a Es Tas
Dear Chief Huff:
I hope this letter finds you well. As you’re aware, my firm represents Terry & Andy’s
Tacos, Inc., which owns Es Tas. Es Tas is located at 216 Stanton Avenue. The purpose of this
letter is to inform you that, in light of the recent decision of the Ames City Council not to renew
Es Tas’ 12 month liquor license, Es Tas has recently applied for an eight month license.
Es Tas is well aware that changes need to be made to its operations in order to ensure a
safe environment that is compliant, in all ways, with the law. Most notably, those changes must
focus on combatting underage individuals gaining entrance to Es Tas. With that goal in mind, Es
Tas has implemented several measures to make sure that it is doing everything possible to operate
consistent with all applicable laws. Specifically, those measures include the following:
• Es Tas has hired 3 managers. These managers have significant restaurant and bar
experience. This measure was implemented on June 15, 2023.
• The official job duties of the Manager position have been updated to require the
Manager to significantly increase the amount of time and effort they are required to spend
monitoring the front door and exits to ensure no underage individuals are allowed entry.
This measure was implemented on June 15, 2023.
• Es Tas has purchased three ID scanners. Hand ID scanners are now utilized at the
front door. The door staff is required to scan the IDs that are used to enter the bar. These
scanners document every ID used and are captured in the scanner’s memory. The scanners
and their encoded memory are always available to the Ames Police Department to assist
with their efforts to ensure no fraudulent IDs are being utilized. Es Tas knows that use of
the scanners alone is not enough to catch all fake IDs, and close visual inspections are still
required, but the scanners will provide another level of inspection. This measure was
implemented on July 7, 2023.
• Es Tas hired a Security Supervisor. The Security Supervisor will oversee the
employees working the door to ensure those employees are checking every customer’s ID
and ensuring there are no minors allowed on the Es Tas premises. The Security Supervisor
will conduct his/her own ID checks at random times throughout all hours of operation. The
July 28, 2023
Page 2
Security Supervisor will circulate throughout Es Tas and will also monitor the patio area.
This measure was Implemented on July 25, 2023.
• Es Tas management and owners will conduct their own, random but regular “sting
operations” to ensure there is no admittance or service of underage individuals. This
measure was implemented July 18, 2023.
• Management will be attending every Ames Police Department ID meeting.
Management’s pay will be dependent on ensuring no minors gain entrance to the premises,
as well as continued cooperation with the Ames Police Department. This measure was
implemented July 7, 2023.
• Es Tas is requiring every fake ID to be confiscated. A cash reward will be given for
every fake ID confiscated. The price paid per confiscated fake ID was raised on June 7,
2023.
• Es Tas will schedule a staff meeting every two weeks, and will have a
management/owner meeting weekly. The focus of these meetings will be to ensure that all
measures and protocols are being followed. This measure was implemented on July 26,
2023.
• Es Tas will continue to have all staff complete IPACT training, as well as requiring
them to attend at least one police ID training class annually.
Es Tas is invested in making sure that no underage individuals are allowed on its premises.
It believes that these measures will serve that purpose. If there are any other measures that you
would like to see put in place, please let me know.
Moving forward, Es Tas would like its application to be considered by the Council as soon
as possible. Its current license is set to expire on August 28, 2023. It appears that the next meeting
of the Council is scheduled for August 8, and Es Tas would very much appreciate consideration
of its application at that time. In the meantime, please let me know if you have any questions,
comments, or concerns regarding this correspondence or the application submitted by Es Tas.
Thank you for your time and consideration. I look forward to hearing from you.
Respectfully,
Luke Craven
cc: Terry Cullen
Sarah Garner-Cullen
1
ITEM #: 29
DATE: 08-08-23
DEPT: FIN
COUNCIL ACTION FORM
SUBJECT: ENDORSEMENT OF IOWA ECONOMIC DEVELOPMENT AUTHORITY
APPLICATION FOR FINANCIAL ASSISTANCE FOR 3M COMPANY
BACKGROUND:
3M is seeking financial assistance from the Iowa Economic Development Authority (IEDA)
through the High-Quality Jobs Program (HQJ) and is requesting support from the City to
expand its local production by installing three additional lines and support equipment at
the Ames facility.
The project will include approximately $13,000,000 in investments in machinery and
equipment and roughly $410,000 in building construction improvements. In addition, the
expansion would create 25 high-quality jobs, including engineering, operator, and
maintenance positions.
Given that the project does not have a significant impact on local property tax
collections, the IEDA has indicated that a local match is not required for
participation in the program. The City must simply endorse the application for
State assistance, which will be considered at the August 18, 2023 IEDA Board
Meeting.
ALTERNATIVES:
1. Adopt a resolution endorsing the submittal of the application from 3M Company,
requesting economic development assistance from the IEDA.
2. Do not adopt a resolution of support for the 3M Company application.
CITY MANAGER’S RECOMMENDED ACTION:
3M is an international company seeking financial assistance to expand the capacity of its
Ames facility. The nearly $13.5 million investment will result in 25 high-quality jobs. Given
that the investment does not impact local property tax collections, there is no local
match requirement for the project. In keeping with the Council’s goal to promote
economic development, this project will expand the number of quality jobs within our City.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM#: 30
DATE: 08-08-23
DEPT: ADMIN
COUNCIL ACTION FORM
SUBJECT: PUBLIC MEETING DECORUM STANDARDS
BACKGROUND:
On March 22, 2022, the City Council requested that a memo from staff be placed on a
future Council agenda regarding standards for decorum at public meetings. Having clear
rules in place for meetings ensures: 1) that participant expectations have been made
clearly known, and 2) that follow-up actions can be taken to address behaviors that violate
these expectations, if necessary.
Municipal Code Section 2.25, in discussing meetings of the City Council, states that “The
mayor, mayor pro tempore or other presiding officer shall preserve decorum […].” Section
2.18 of Municipal Code provides that “the council shall determine the rules of its own
proceedings consistent with the laws of the State of Iowa.”
The City Council has identified certain existing expectations for participants in public
meetings (e.g., adhering to a speaking time limit, silencing mobile phones, etc.), which
are listed on meeting agendas. However, these expectations are not comprehensive and
are not all listed in one location. Therefore, staff has prepared a draft “Standards for
Decorum,” which describes a comprehensive set of expectations for public meetings. This
recommended list was presented to the City Council at the March 22, 2022 meeting, and
it is attached to this report (with some modifications).
The rules included in the proposed list have been borrowed from those adopted in other
communities and formal settings of governmental bodies. Staff has attempted to strike a
balance with these proposed standards. The standards should not cause public meetings
to be inaccessible to the average resident by requiring an unreasonable degree of formal
dress, speech, and procedures. They should, however, also ensure that each individual
attending the meeting is able to be heard and respected.
Where possible, staff has included within this list the explanation of why these standards
are in place. If adopted by the City Council, staff will post the list in meeting rooms and
incorporate them into published materials where appropriate.
ALTERNATIVES:
1. Adopt the attached Standards for Decorum for public meetings.
2. Modify the attached Standards for Decorum.
3. Do not approve Standards for Decorum for public meetings.
2
CITY MANAGER’S RECOMMENDED ACTION:
Public participation in decision-making is an important aspect of government in Ames.
The proposed Standards for Decorum emphasize the need to respect other participants
in public meetings. In maintaining a respectful and constructive discussion, the goal is
that community members with interest in City business will be welcome to participate in
the process. Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative No. 1, as described above.
3
City of Ames Public Meeting Standards for Decorum
The Ames City Council is committed to respectful, participatory dialogue regarding issues
facing the community. In City Council meetings and other City proceedings, it is expected that
members of the public respect one another by following these standards for decorum:
1. The time for each speaker may be limited at the discretion of the Chairperson to
ensure an opportunity for each person to be heard. Please conclude your remarks
before the time limit has been reached. Unless permitted by the Chairperson, it is only
allowed for each speaker to offer remarks once per agenda item.
2. Remarks are to be focused on matters of City policy and City business. At no time is
it appropriate to use profane, obscene, or slanderous language, or to engage in
personal attacks against City officials or members of the public.
3. To ensure an orderly discussion, comments are to be delivered from the podium and
addressed to the City Council dais, not the gallery (audience). It is not appropriate to
speak from the gallery or to applaud or make other gestures that interfere with the
proceedings, unless invited by the meeting chair to do so.
4. The public is not permitted to approach the dais beyond the podium. If a person
desires to distribute information around the dais, they may pass it to City staff for
distribution.
5. Audience members must remain seated during discussions, unless it is necessary to
move from one part of the room to another. At no time is it appropriate to stand on
tables or chairs.
6. To ensure other attendees and broadcast viewers are able to see the proceedings,
signs and posters are not permitted in the Council Chambers without advance
permission. If a speaker wishes to refer to a drawing or text, they may request that a
staff person place the document on the projector during the discussion.
7. Attendees are not required to wear formal attire. However, it is expected that clothing
and footwear are worn, and that they are worn in a manner that is respectful of the
proceedings and of others. Attire must be worn so as to not distract from, interfere
with, obstruct, degrade, or insult the dignity of the proceedings or other attendees.
8. Out of respect to all, mobile phones and other devices must be silenced. Side
conversations during meetings should be avoided. If you have to engage in a
conversation or answer a call, please step into the hallway.
9. The Chairperson has discretion to interpret and enforce these standards and may
announce modifications to them as necessary to ensure orderly proceedings.
1
COUNCIL ACTION FORM
SUBJECT: RESOLUTION ACCEPTING AND APPROVING THE
SUBMITTAL OF THE 2023-24 PROPOSED ANNUAL ACTION
PLAN PROJECTS FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND HOME PROGRAMS
BACKGROUND:
One major requirement in receiving the Community Development Block Grant (CDBG) and
HOME funds is for the City to submit an Annual Action Plan to the federal Department of
Housing and Urban Development (HUD). The Annual Action Plan addresses how the goals
and priorities identified in the Five-year Consolidated Plan (2019-2024) will be implemented
as projects that will address the needs of both low and moderate-income persons and non-
low and moderate-income persons during that 12-month period.
In February 2023, HUD notified the City that for the fiscal year 2023, our CDBG allocation
would be $577,990 (a $41,000 decrease from 2022), and our HOME alloc ation would
be $321,764 (a $28,00 decrease from 2022).
On April 26, and 27, City staff hosted in-person and virtual public forums to gather input
regarding possible projects for consideration for the City’s 2023-24 CDBG/HOME Annual
Action Plan Program.
Seven (7) persons attended the in-person forum, and six (6) persons attended the virtual
forum. Attendees included representatives from The Bridge Home, Primary Health Care,
ACCESS, The Salvation Army, Electric Department, Community and Family Resources
(CFR), Central Iowa Regional Housing Authority (CIRHA), and five (5) citizens from Ames.
The public feedback was centered around the need to continue to address affordable
housing and neighborhoods. Staff has summarized the public comments and primary
questions/comments about funding options as follows:
• Need for assistance with Deposits (Rent and Utilities)
• Need for assistance with short-term rental assistance (TBRA).
• Assistance to buy groceries for Food Pantries
Staff’s takeaway from the public input is that there seems to be a continued
consensus supporting affordable housing for lower-income households.
At the May 9, 2023, City Council meeting, staff present the above public forum follow-up
feedback. City Council then directed staff to prepare the 2023-24 Proposed Annual
Action Plan for the 30-day required public comment period and set August 8, 2023, as
the date of the public hearing. The proposed plan was made available for public
comment from July 5th through August 4th. The following comment was received
ITEM #: 31
DATE: 08-8-23
DEPT: P&H
2
during the comment period (see Attachment B).
Considering all of the feedback received, the staff is recommending that we proceed
with the proposed projects and budget for the 2023-24 Annual Action Plan, as shown
(see Attachment A). The proposed projects align with the goals and priorities
outlined in our 2019-2023 5-Year Consolidated Plan in our Fair Housing Impediments
Study, as well as this is the last year of both of the fore mentioned plans.
ALTERNATIVES:
1. City Council can adopt a Resolution to approve the proposed 2023-24 Annual
Action Plan Program Projects and estimated budget (Attachment A) and approval
the submittal of the plan to HUD on or by August 16, 2023.
2. City Council can adopt a Resolution to approve the proposed 2023-24 Annual
Action Plan Program Projects and estimated budget (Attachment A) and approval
the submittal of the plan to HUD on or by August 16, 2023, with modifications.
CITY MANAGER'S RECOMMENDED ACTION:
All of the projects will continue to help address the needs identified in the 2019-23 Five-
Year Consolidated Plan. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative #1.
You will note that the proposed Plan includes funding for single-family housing
rehabilitation. These funds can serve as one source for income-qualifying property
owners who are unable to meet the requirements of our new Property Maintenance
Code.
3
ATTACHMENT A
2023-24 DRAFT Proposed CDBG/HOME Annual Action Plan
Projects and Budget
PROPOSED 2023-24 Action Plan Expenditure Budget:
2023-24 Proposed Programs Budget
CDBG Deposits and 1st Month Rental Assistance Program $125,000
CDBG Homebuyer Assistance Program (Down payment/ Closing Cost/Education) $246,196
HOME-Tenant-Based Rental Assistance Program (TBRA) $150,000
HOME-ARP-Non Congregate Shelters $1,078,861
Subtotal $1,600,057
2022-23 Rollover Programs Budget
Public Infrastructure Improvement (LMI Census Tracts) $535,000
Infrastructure Pocket Park Improvements-Baker Subdivision $130,000
Acquisition/Slum and Blight Removal Program@ $234,024
Single-Family Housing Rehabilitation Program for Homeowners $150,000
Maintenance for Baker Subdivision $10,000
HOME Multi-Family LIHTC Assistance New Construction 1,801,000
HOME Single New Home Construction $222,434
Subtotal $3,082,458
General Administration for CDBG & HOME & HOME-ARP
CDBG: $115,598
HOME: $107,295
HOME-ARP: $180,387
Subtotal $403,280
Grand Total CDBG, HOME & HOME-ARP $5,085,795
REVISED DRAFT PROPOSED 2022-23 Action Plan Revenue Budget:
2023-24 CDBG Allocation $557,990
2022-23 Anticipated CDBG Program Rollover $837,828*
2023-24 Anticipated CDBG Anticipated Program Income $150,000*
2022-23 HOME-ARP Allocation Rollover $1,078,861
2023-24 HOME-ARP Allocation Rollover $180,387
2023-24 HOME Allocation $321,764
2022-23 Anticipated HOME Program Rollover (Admin & Programming-CHDO Set Aside)
$2,007,229
2023-24 Minus Anticipated CHDO Set Aside -$48,264
Grand Total CDBG, HOME & HOME-ARP $5,085,795
*City Council should note that the anticipated revenue for the CDBG program rollover and the
anticipated program income are cautious estimates being projected by staff. These projections will be
adjusted when the 2022-23 program year is finalized and closed.
# Only 5% is available ($ 63,642) until Allocation Plan is approved.
@ Funding budgeted in both years
4
ATTACHMENT B
Public Comments received.
From: Tamara Kuhn <tamikuhn@me.com>
Sent: Thursday, July 27, 2023 9:43 PM
To: Baker-Latimer, Vanessa <vanessa.bakerlatimer@cityofames.org>
Subject: Comments for City of Ames 2023-24 CDBG and HOME Annual Action Plan
[External Email]
The following suggestions are being submitted by Tamara Kuhn on July 27, 2023 at 9:30 pm for the City of Ames
2023-24 CDBG and HOME Annual Action Plan. These suggestions address various critical aspects of making the
city more accessible and age-friendly.
While the City of Ames implements many architectural requirements of the Americans with Disabilities Act
(ADA) it still has a ways to go to become a more accessibly friendly place for people with disabilities and the
elderly. By advocating for including and implementing these suggestions into the City of Ames plan, we hope to
create a more inclusive and caring environment in Ames. A summary of these ideas and or more details is
available by request.
1. Establish no-smoking facilities to promote clean air and better health for everyone. Few people smoke
anymore (<15%). Even less want to live with the smell of somebody else’s smoke, toilet cleaner, or compost pile.
HVAC systems need to be redesigned so air, smells, viruses, and pollutants are not shared between residents in
multi-unit housing. Inexpensive technology is available now to make this happen.
2. Create living spaces designed for people aged 55 and older, with opportunities for intergenerational support,
where students or helpful young people can provide nursing services, physical therapy, and other assistance in
exchange for rent.
3. Offer gourmet meal services that include residents' favorite recipes from home, ensuring diverse and
enjoyable dining experiences.
4. Provide a range of activities, such as music, games, and assistance with computers, to foster a vibrant and
engaged community.
5. Implement smart home technology, including remote-operated shades, lights, night lights, and emergency call
services, to enhance safety and convenience.
6. Facilitate grocery shopping and delivery services to make daily tasks more accessible for those with mobility
challenges.
7. Offer support for household chores, such as cleaning and food preparation, to enhance residents' quality of
life.
8. Provide assistance and facilities for art and craft projects to foster creativity and social engagement.
9. Organize transportation services to help residents reach doctor appointments, pharmacies, and other
essential destinations. People enjoy going out for shopping once or twice a week, luncheons with friends at local
restaurants, movies, book clubs, church services, etc.
10. Offer financial support and guidance to assist residents with managing their finances effectively.
11. Arrange vacations and travel opportunities to "sister" cities with similar facilities, promoting social
connections and exploration.
12. Offer yoga classes and gentle exercises designed to promote healthy weight, muscle strength, and flexibility,
benefiting overall well-being.
5
These suggestions can contribute to a more inclusive, supportive, and thriving community for people with
disabilities and the elderly.
Funding
Many of these services can be provided at no cost by applying for government assistance through HUD, Health &
Human Services, faith-based organizations, workforce development, DMACC, ISU alumni association, and
foundations, Chamber of Commerce, and programs of Rotary clubs, Lions clubs (hearing & eye glasses),
American Legion (reuse of canes, wheelchairs, walkers, & other devices), and through agriculture, recreation &
transportation grants.
Additional Insights
The following additional insights focus on improving housing codes, transportation, and healthcare services for
the elderly and people with disabilities. The use of AI robots in healthcare and embracing renewable energy
sources are innovative ideas that could positively impact the community's well-being and sustainability.
They address various critical aspects of making the city more accessible and age-friendly. It is my hope these
contributions can lead to meaningful changes that will benefit the entire community.
Transportation
Current city-wide transportation for people with disabilities is inadequate, uncomfortable, and grossly
understaffed for the needs of this community. Strapping somebody who uses a walker into a rickety, old, noisy
van is unpleasant at best causing nausea and, in some cases, harm.
People deserve carpeting, comfortable seats with hydraulic lifts that set them down gently (there is a company
in MN that designs or converts van seats to do this.)
Parking
People deserve parking within a few yards of a building so they can walk inside where there are comfortable
shopping scooters with batteries that last all day instead of stranding people in the middle of the store.
Retail store design
Stores need wide aisles with easily-opened coolers, and items within reach of somebody in a seated position.
Public restrooms
Public restrooms need wide individual stalls that can fit wheelchairs and walkers. Restrooms need to be cleaned
regularly, including regularly throughout the day. There need to be accessible trash cans for wipes and adult
incontinence pads (a large number of adults both men & women have this problem.)
Noise pollution
Noise pollution from construction as well as parties and music needs to be kept within safe levels in residential
areas, including downtown. Many people are sensitive to noise. If safe levels are not possible, people must be
compensated for inconvenience, hotel, travel, food, and other costs because they can’t live & work in their
residence.
Work from home
The city needs to recognize more people work from home and provide the same kinds of tax abatements,
deductions, grants, and accommodations given to retail businesses.
Tax credit for renters &
data management
6
People who rent should be allowed deductions for the portion of their rent that covers tax expenses. Businesses
don’t vote; people do. It is in the city’s best interest to study data from every citizen, including those renting.
That way laws can and should be made that better serve the needs of all residents. Under the current situation,
residents in multi-unit housing are rarely counted — the city doesn’t even know their names or their general
demographic information, especially if utilities are paid for by the rental company. And the city has few ways to
communicate directly with residents to provide public meeting notice, emergency warnings, policy information,
residency requirements, or where and how to vote. It also loses input from valuable, intelligent members of the
community.
Accessibly friendly housing codes
Current housing codes actually provide incentives for NOT providing elevators in buildings with three floors or
less making a majority of buildings inaccessible to people with disabilities and elderly. This is not only
unreasonable but dangerous. Inexpensive lifts that hold three or four people can easily be installed in homes or
businesses under the stairwell for $3,000-$5,000.
Accessible safety exits
Most buildings do not have plans for residents on upper floors or with only one door to safely exit from the
balcony in case of fire. People with disabilities and elderly are actually locked in their rooms because, in case of a
fire or tornado, there isn’t enough staff to get them all out of the building. Possible ideas are inflatable slides like
those used by airplanes to evacuate in emergencies. These slides can remain tucked into each balcony or side
windows and in an emergency can be released by a string (like a parachute) which all residents must be trained
to use.
Housing for entrepreneurs
In San Francisco, for $2,000/month, simple furnished apartments are available where young entrepreneurs like
Larry Page (Google) and Elon Musk lived in while working for startups. The rent includes daily cleaning (like a
hotel), a fully-stocked kitchen with snacks for late-night sessions, computers, laundry service, etc. Each person
gets their own bedroom but daily chores are taken care of to allow them to focus. No additional “fees” are
charged. Rent is a business expense. These kinds of services should be available for people in all multi-use
buildings. It would result in better maintained buildings and a better living experience for all ages.
Get rid of “hate” laws
We need to get rid of “hate” laws that actually discriminate against people with disabilities and the elderly. For
example, the elderly do better when they can stay in the home they are familiar with. Current inheritance laws
force people to move from their home and give up assets that help them feel secure & safe.
When people are forced into nursing homes they must give up their home and all assets to receive help or pay
$5,000, $8,000, $10,000 or more a month. If they cannot pay, the “care” facility takes all their assets so they
qualify for Medicaid. The facility charges them for physical therapy ($300+ to $500 a session) whether they need
or want it. They are often given processed “food” for meals, warmed up in a microwave by kids who don’t even
know how to cook!
Healthy gardens for care facilities
There should be healthy gardens of fresh food the residents can even help with if they choose! Trained chefs
preparing healthy yet tasty meals, staff nutritionists could live in the compound while attending school at ISU or
DMACC or even online. Family could be included in weekly discussions about health and be able to ask questions
and help the nursing staff understand the patient’s likes and dislikes.
For example, if a woman does not want to be exposed to male nurses or doctors, she has a right to request and
receive that level of care (usually faith-based for modesty but also may be trauma-based or for personal
reasons.) Cultural norms and even personal preferences must be taken into consideration.
7
Another “hate” law is the law that says people under the age of 55 who go on Social Security Disability must
allow the state to take their assets when they die (farm, house, stocks, retirement pension, bonds, bank
accounts) to pay the state for whatever costs were incurred through Medicaid. People should not have to take
bankruptcy and become impoverished in order to receive healthcare coverage. These laws hurt everybody and
seem especially cruel to people who don’t feel well or have received a cancer diagnosis and are undergoing
procedures to prolong it save their quality of life.
Cities self-insure residents
All cities should consider self-insurance of residents. It is often the most cost-effective option. It is much better
to be able to keep seeing your doctor and pharmacist than changing every time you switch to a different
insurance company because it provides better coverage.
Employ human-like AI robots
Human-like AI robots may go a long way in solving these kinds of concerns. Affordable mass-produced robots
will begin to be available as early as 2024. Our community needs to keep an open-mind and prepare for the
improvements in care they will provide to both patients and healthcare providers. Robots also help eliminate
dangerous jobs where humans get injured, reducing healthcare costs.
Solar power & storage as an income stream for residents & city utility
People in Ames should embrace solar power along with wind, allowing every home to generate and store its
own energy. This should be incentivized by grants and incentives. People should be allowed to sell excess energy
back to the city, turning a utility expense into a potential income stream for both! This will reduce expenses of
the current electrical grid, eventually allow the removal of costly and dangerous power lines, and provide
incentives for people to drive EVs. Commercial storage for city utilities is significantly less expensive than
alternatives. Energy storage also keeps the lights and heat on when the power is knocked out by a squirrel,
tornado, or outage. City workers can wait until weather conditions are less dangerous to do repairs.
It also lowers dependence on fossil fuels which eventually will run out at present rates of use. Farmers can
pursue more lucrative crops and higher paid manufacturing jobs stay in the community instead of exporting jobs,
crops, & intellectual property overseas.
City satellite provides free internet for residents, parks, university, businesses, organizations, & govt
Put a satellite into orbit to provide free internet services for the City of Ames and Story County. This satellite may
also provide solar power to the City Utility through solar “wings” that are closer to the sun. The energy can then
be beamed to earth via lasers. Or we could use the Tesla utility system currently in development through Starlink
& SpaceX. (John Holloway, who graduated from ISU, was the first or second engineer hired by SpaceX to develop
rockets so our community has a long history with SpaceX.)
This comprehensive set of suggestions is designed to make the city of Ames more accessible and friendly for
people with disabilities and the elderly. The ideas cover various aspects, including housing, services,
transportation, safety, healthcare, and renewable energy, which can significantly improve the quality of life for
residents of all ages.
Response:
Good Morning Ms. Kuhn,
Thank You! We have received your comments in response to our 2023-24 CDBG Annual Action Plan. Your
comments will be shared as part of the report to the City Council during the public hearing on August 8th. Also,
you may not be aware, but several of the suggestions you mentioned are currently being addressed by several
departments, organizations, human service agencies, and/or non-profit organizations (Heartland of Story
County, HIRTA, Parks and Rec, ISU Extension, Able Up Iowa, Central Iowa Retired Senior Volunteer Program,
etc.).
8
In regard to our CDBG funding, there is a cap on the amount of funds that can be spent on public services
categories which a number of your suggestions fall under. Based on the data collected on our community,
currently, one of our highest needs is in utilizing our federal funding is addressing housing affordability and
sustainability for families with children, the elderly, and disabled individuals. However, perhaps some of the no-
cost suggestions could be considered for future programming. We appreciate you taking the time to share your
comments.
Thanks So Much…Be Safe..Stay Well!
Vanessa Baker-Latimer
Housing Coordinator
vanessa.bakerlatimer@cityofames.org
Planning & Housing Department | Housing Division
Ames City Hall |515 Clark Ave. | Ames, IA 50010-0811
515-239-5400-main| 515-239-5699-fax| 515-239-5133-TDD
“Excellent Through People (ETP)”
1
ITEM #: 32
DATE: 08-08-23
DEPT: FIRE
COUNCIL ACTION FORM
SUBJECT: PROPERTY MAINTENANCE CODE ADOPTION
BACKGROUND:
In Summer 2020, staff had several code enforcement cases they were struggling to
achieve compliance with, which resulted in several communications from neighbors to
the Council. At their meeting on August 25, 2020, Council requested a memo from staff
regarding recommendations for potential additions or changes to the Property
Maintenance Code that would provide staff with additional enforcement tools.
Staff reviewed the Municipal Code and found that sections enforced by the Community
Codes Liaison (CCL) spanned nine different chapters within the Code resulting in
contradictions and inconsistent language and enforcement processes. Additionally, staff
reviewed ordinances from numerous other jurisdictions and found that most had one
comprehensive property maintenance code that encompassed many of our existing
codes and provided swift and effective compliance techniques.
On May 25, 2021, Staff presented the Council with a draft of a proposed property
maintenance ordinance that consolidated current code requirements, added a few new
sections based on previous complaints, added additional enforcement tools, and added
an appeal process. Council requested that a workshop be scheduled to receive public
input and that a website be established to gather input from those unable to attend a
workshop.
A press release was issued after the Council meeting notifying citizens of the workshop
on June 15, 2021, and providing a link to an online survey on the proposed ordinance.
This was also emailed to neighborhood associations and other interested parties
(landlords, realtors, etc.) for their input. The workshop and survey results provided an
abundance of input from the community (20 citizens spoke at the workshop and about
250 provided survey responses). Council decided to work with staff to set another
workshop or place items by category on a future agenda for discussion.
Staff compiled and studied the survey responses and public input. The findings were
incorporated into a second draft of the ordinance. These findings were presented to
Council at the workshop on June 20, 2023. Council reviewed 19 different code items and
made a motion on whether to include each item in a draft ordinance.
The draft ordinance was presented to Council at the June 27 meeting. There was
no public input received when the item was opened for public comment. Council
moved to place the item on the July 18 meeting agenda for first reading.
2
During the July 18 meeting, before opening the public hearing, Council made
motions to change several items in the proposed ordinance based on feedback
they had received from citizens after the June 27 meeting. These changes have
been incorporated into (Attachment A) which shows the proposed ordinance with
the changes tracked and highlighted in yellow. Here are the following changes
recommended by Council:
1.) Change the fine for the Municipal Infraction Citation from $500 to $50 for a first
violation and subsequent violations from $750 to $100.
2.) Change 30.5 to narrow the definition of “Nuisances” to the list of specific examples
provided in the code.
3.) Remove the right-of-way language in item 12 so that all dangerous trees can be
addressed instead of only those affecting the right of way.
4.) Change item 13 to read ‘Noxious weeds or any other plant deemed hazardous to
persons or property by the City’ instead of prohibiting weeds over 12 inches in
height. This also removes the definition of ‘weed’ in 30.4. The Council should note
that “Noxious Weeds” are defined in Iowa Code Chapter 317.
5.) Remove aesthetic language from item 17 as follows:
a. Change subsection (a) regarding roofing materials to “made up of materials
appropriate to the application” instead of “consistent materials and consistent
coloration.”
b. Remove “in good condition” relating to exterior trim and siding in subsection
(c)
c. Change subsection (d) regarding exterior walls to “made of materials
appropriate to the application” instead of “a consistent material, such that
patches or repairs consisting of dissimilar materials or colors compared to the
prevailing surface material of the exterior walls are not present.”
d. Remove from subsection (h) regarding exterior wall surfaces: “not in a
condition of deterioration, are of uniform coloration and are not patched with
dissimilar materials….No flaking of chipped paint of outer loose material
dominates or detracts from the exterior appearance of the structure.”
e. Change subsection (i) to “All fencing shall be of materials appropriate to the
application” instead of “All fencing shall be of consistent materials and
coloration.”
3
6.) Delete from 30.1 “The purpose of this chapter is to protect the health, welfare and
safety of the citizens of the City of Ames and to preserve the value of property
owned by these citizens by establishing minimum property maintenance
standards; to provide for the removal of nuisances as defined in this chapter; and
for the enforcement and penalties for violation hereof.”
Insert in place “The purpose of this chapter is to protect the health, welfare and
safety of the citizens of the City of Ames. The minimum property standards herein
will: help preserve and remain fit for occupancy the existing housing stock by
prohibiting conditions that may compromise the integrity of structures; maintain
neighborhood camaraderie by establishing consistent standards for the upkeep of
exterior property areas; expedite the enforcement process and keep compliance
costs low for property owners; and ensure equitable treatment for all property
owners by establishing an appeal board.”
Additionally, staff has changed specific references to the City Forester to refer to “the
City,” as there are several qualified individuals in the Parks and Recreation and Public
Works Departments that can offer expertise in this area, if needed.
A clean version (Attachment B) shows the proposed ordinance with all of the
changes.
ALTERNATIVES:
1. Approve on first reading the proposed property maintenance code, as amended
by the City Council on July 18, 2023.
2. Direct staff to revise the proposed maintenance code.
3. Do not approve the proposed maintenance code.
CITY MANAGER’S RECOMMENDED ACTION:
Staff has diligently worked to incorporate the abundance of citizen feedback into a code
that balances the needs of the community. It is believed that the proposed ordinance will
better ensure the integrity of properties within the City’s neighborhoods. It establishes a
minimum standard of property maintenance and consolidates the standards that are
currently scattered throughout Municipal Code into one location.
Finally, it should be emphasized that as the provisions of this property maintenance code
are implemented, it is staff’s approach to first work with property owners to achieve
compliance, rather than using tools such as citations and fines. It is therefore the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
Attachment A
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING AND REPLACING
CHAPTER 30, AMENDING SECTION 13.406(11), AND
REPEALING SECTIONS 5.901, 11.8, 17.12, AND 17.34
THEREOF, FOR THE PURPOSE OF ESTABLISHING
MINIMUM PROPERTY STANDARDS; REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing
and replacing Chapter 30, amending section 13.406(11), and repealing sections 5.901, 11.8, 17.12, and 17.34, as
follows:
“CHAPTER 30 PUBLIC NUISANCES
30.1. Purpose.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames. The minimum
property maintenance standards adopted herein will: help preserve and remain fit for occupancy the existing housing
stock by prohibiting conditions that may compromise the integrity of structures; maintain neighborhood camaraderie
by establishing consistent standards for the upkeep of exterior property areas; expedite the enforcement process and
keep compliance costs low for property owners; and ensure equitable treatment for all property owners by establishing
an appeal board.
30.2 Scope.
The provisions of this chapter shall apply to all properties within the City of Ames and constitute minimum
requirements and standards for premises, structures, and vehicles.
Sec. 30.3. Public nuisances prohibited; authority to abate.
The creation or maintenance of a nuisance on any property in the City of Ames is unlawful and is prohibited. The City
Manager or Manager’s designee is authorized to abate nuisances either by issuance of a municipal infraction
punishable by a penalty of $500 for a person’s first violation thereof, and a penalty of $750 $100 for each repeat
violation and/or by administrative abatement procedures set forth in this article, or a combination thereof.
Sec. 30.4. Definitions.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth herein:
Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the
preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including tin cans or similar
food containers. Dead animals are not included in the term garbage.
Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or other defacement or other written
communication, etched, scratched, or made with spray paint, paint, ink, chalk, dye, or similar substances, or in any
manner, on any public or private property, including, but not limited to, streets, sidewalks, buildings, walls, bridges,
fences, or other structures which was made without the consent of the property owner.
Hazardous Waste. Any substance as defined in section 455B.411(3)(a), the rules of the Iowa Department of Natural
Resources.
Inoperable. Not capable of being used or operated as a motor vehicle.
Attachment A
Junk. Items including, but not limited to, building materials not part of an active building project authorized by a
current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes,
wooden pallets, discarded lumber (not including neatly stacked and cut fire wood), plastic tarps, or any other discarded
or miscellaneous item or items.
Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics,
constitutes a threat to the public health, welfare and/or safety:
(a) That has been rendered inoperable because of a missing or broken windshield or window glass, fender, door,
bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft,
differential, battery, generator or alternator or other component part of an electrical system, any component
or structural part, or lack of current registration;
(b) That has become the habitat of rats, mice, snakes or any other vermin or insects;
(c) That is being used for storage purposes
(d) That its condition constitutes a threat to the public health or safety of the public;
(e) That contains gasoline or any flammable fuel and is inoperable.
Noxious Substances. Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous,
including any dead animal portion thereof, together with human or animal excrement.
Noxious Weeds. Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
Outdoor Area. All exterior areas of a property, including porches, partially enclosed sheds, lean-tos or other structures
not totally enclosed by structural walls, roof and properly functioning doors. A porch is not considered to be an outdoor
area if it is completely enclosed by fully intact glass or fully intact screens.
Refuse. All other miscellaneous waste materials except “yard waste” not specifically defined as garbage.
Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another
vehicle.
Sidewalk. A hard surface of any width designated for non-motorized travel
Stagnant Water. Standing water that is trapped and does not circulate, excluding bird baths, koi ponds, landscape
water features, and approved stormwater retention areas.
Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Trash Disposal Container. A closed, water-tight, hard receptacle that cannot be ripped open by animals. Containers
that shed rain when their lids are completely closed shall satisfy the requirement for a water-tight receptacle.
Turf Grasses. Narrow-leaved grass species that form a uniform, long-lived ground cover that can tolerate traffic and
mowing heights of two inches or below.
Vehicle. An automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport
persons or property over public streets and highways.
Weed. A plant that is not intentionally planted and is usually of vigorous growth. It may cause economic loss to
neighboring properties.
Weed Official. Person designated by the City Manager to enforce noxious weeds.
Yard Waste. Debris such as grass clippings, leaves, garden waste, brush and trees. It does not include tree stumps.
Sec. 30.5. Nuisance defined; certain acts, conditions declared as nuisances.
Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the
comfortable enjoyment of life or property by the public or community shall be deemed a nuisance. Nuisances shall
include, but shall not be limited to, the following:
Attachment A
(1) The use of any building or other place for the exercise of any trade, employment or manufacture which, by
occasioning noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to
the health, comfort or property of individuals or the public.
(2) Refuse, garbage, or junk that is not contained in a trash disposal container; noxious substances; or hazardous
wastes remaining in any outdoor place for more than 72 hours.
(3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container for longer
than seven days. Yard waste may be retained for longer than seven days if composting is being completed.
Composting shall comply with the state regulations contained in Chapter 105 of the Iowa Administrative
Code.
(a) Composting piles may include: yard waste including leaves, grass clippings, straw and hay, sawdust, and
finely chopped shredded tree and shrub prunings; kitchen scraps including fruit and vegetable trimmings
(including rhubarb leaves), coffee grounds, and eggshells; shredded newspapers; wood ashes (no more
than one cup per bushel of compost).
(b) Composting piles cannot include: human or animal feces; diseased plant material or weeds that have
gone to seed; kitchen scraps that include animal meat, bones or fat; and all other materials not listed in
subsection (a) above.
(4) Stagnant water on any property for more than 48 hours, including any open container or material kept in such
a condition that water can accumulate and stagnate therein, creating a breeding ground or habitat for insects
or rodents.
(5) The obstructing or encumbering, by fences, buildings, structures, signs or otherwise, of the public streets and
rights-of-ways.
(6) Snow, ice, mud, gravel, grass clippings, leaves or other accumulations remaining on a sidewalk longer than
10 daylight hours after the cessation of the storm or cause of the accumulation.
(7) Depositing ice or snow from private property, sidewalks, or driveways onto the traveled way of a public
street after the street has been cleared so as to obstruct gutters or impede the passage of vehicles upon the
street or alley or to create a hazardous condition therein.
(8) Vegetation located in the City right-of-way exceeding 12 inches in height within one foot of the traveled
portion of the street. Streets designated as no parking may have vegetation exceeding 12 inches in height
within one foot of the traveled portion of the street. Plantings that cause safety issues would be subject to
removal, regardless of height, at the City’s discretion. Non-vegetative materials such as trellises or chicken
wire are prohibited in the right-of-way. Exceptions: those areas approved by the City as stormwater or native
vegetation preservation areas.
(9) Vegetation located on private property hanging over public streets with less than 16 feet of clearance above
the public street or vegetation located on private property that hangs over or into public sidewalks with less
than 10 feet of clearance above the sidewalk.
(10) Vines, brush or other vegetation, including dead bushes, dead woody plants, overgrown or unkempt bushes,
that restrict egress from or ingress to a building through doors or below grade egress windows.
(11) Turf grasses exceeding 12 inches in height.
(12) Trees in such a state of deterioration, as determined by the City, that any part of such tree presents an
immediate threat to the safety of persons or property in the right-of-way.
(13) Weeds over 12 inches tall and any n Noxious weeds or any other plant deemed hazardous to persons or
property by the City.
(14) Any excavation, hole, or other depression in the ground in or on any lot or parcel of land in the city of a depth
of more than three feet below the surrounding grade, other than as part of the active construction of a building
or other structure on the lot which will ultimately close in and completely cover such excavation, hole or
depression. Upon a finding by the enforcement officer that the owner of the lot or parcel of land has violated
the provisions of this subsection, the lot owner shall be required to fill in any such excavation, hole or
depression and grade the same to a topographic elevation equal to or level with the surrounding adjacent
Attachment A
grade. Exceptions: egress window wells, fire pits, or excavations completely secured by a fence or similar
method.
(15) Upholstered or finished furniture intended for indoor usage such as couches, beds, mattresses, desks, chairs,
shelving or wooden tables, other household furnishings or equipment including carpeting, appliances and
other typical household items intended for indoor usage, placed or used outdoors.
(16) Unoccupied buildings or unoccupied portions of buildings which are unsecured. Accessory structures on
properties where the primary structure is occupied are not considered unoccupied buildings.
(17) Any structure, including detached accessory structures, on any commercial, residential, agricultural or
industrial property that is not free from significant structural defects. The term "free from significant
structural defect" means:
(a) The roof and roofing material are of such a nature and condition that they do not permit water, snow or
ice to penetrate the structure. Roofing materials shall be in good condition and made up of materials
appropriate to the application. consistent materials and consistent coloration throughout the roof area.
(b) Drainage gutters and downspouts, if present, are securely attached to the structure and in proper
functioning order.
(c) All exterior trim and exterior exposed surfaces, including siding materials, are sound, in good condition
and securely attached to the structure.
(d) Exterior walls are free of holes and made of materials appropriate to the application. a consistent
material, such that patches or repairs consisting of dissimilar materials or colors compared to the
prevailing surface material of the exterior walls are not present.
(e) The foundation of the structure is sound, capable of supporting the structure and not deteriorated to the
point that failure is judged to be inevitable, but not necessarily imminent. The foundation shall be plumb
and free from cracks, breaks and holes to prevent the entry of animals.
(f) Windows and doors are intact, containing no holes, squarely hung with properly operating latches or
locks to be securely closed, and where the windows have intact glass or normal window material that
allows the entry of light with no holes in said window surface areas. No plastic wrap material, tarps,
plywood, or similar temporary materials shall be used to substitute for doorways or windows.
(g) All exterior components serving doors and windows, including, but not limited to, steps, porches, ramps,
landings, handrails, and guardrails are of a secure and safe design, be made of standard building materials
and be intact, with no protruding or loose boards or surface materials causing a hazard.
(h) Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials,
including wood, vinyl, steel or metal siding materials, stucco or exterior insulation finish system (EIFS)
materials, brick or similar masonry materials, that are in all cases intact., not in a condition of
deterioration, are of uniform coloration and are not patched with dissimilar materials. Plastic wrap
material shall not be considered an acceptable siding material. No flaking or chipped paint or outer loose
material dominates or detracts from the exterior appearance of the structure.
(i) All fencing, including gates, are in good condition, free from damage, breaks, holes or missing structural
members so as not to create a hazard for adjacent properties. All fencing shall be of materials appropriate
to the application. consistent materials and coloration.
(j) All exterior wires on the exterior of the structure are fastened to the structure
(18) Graffiti which is visible to the public view and has not been removed within seven (7) days of notification
by the enforcement officer.
(19) Conditions that create a fire hazard, as determined by the Fire Chief or the Fire Chief’s designee, or are in
violation of Ames Municipal Code Chapter 8 Fire Code.
(20) Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting Code.
(21) Junked vehicles stored outdoors on private property for more than 48 hours.
Attachment A
Exceptions:
(a) Junked vehicles stored within a garage or other enclosed structure or which are kept concealed and
enclosed behind an opaque wall at least six feet in height, or completely covered by a tight-fitting opaque
cloth vehicle cover or tight-fitting cloth tarpaulin
(b) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the
requirements of the Ames Municipal Code.
(22) Travel trailers, recreational vehicles, boats, boat trailers and trailers parked in the front yard. Parking of travel
trailers, recreational vehicles, boats, boat trailers and trailers is permitted behind the front yard so long as
they are not being used for habitation or business purposes and they are parked on an approved parking
surface.
(23) Obstructions in the visibility triangle not incompliance with Ames Municipal Code Sec. 29.408(5) Visibility
at Intersections.
Sec. 30.6. Responsibility for abatement; abatement defined.
(1) The owner, agent, lessee, occupant or other person in charge of any building or premises where any of the
actions forbidden by this chapter exist, or whence any of such actions have originated, or any person
responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate
such action without delay.
(2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating, cutting, mowing,
grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous
portions of buildings or structures, and demolition of dangerous structures or abandoned buildings.
Sec. 30.7. Abatement by city after notice; procedure; payment of costs.
(1) In case of the failure of any person to correct, remove or abate a nuisance on written notice issued by the
enforcement officer, served in the manner of an original notice, or by certified mail to the last known address
of the owner, agent, lessee, occupant or other person in charge of the building or premises where the nuisance
exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed
depending on the urgency of the case, then and at once upon such failure the enforcement officer shall have
the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed, corrected
or abated.
(2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a
property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or
property, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and
opportunity of hearing. A notice of costs of abatement will be sent to the property owner within 14 days of
the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the
property for collection in the same manner as property taxes as set forth in State Code Section 364.12(3)(h).
(3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or
eliminating the nuisance, the cost of investigation, such as title searches, inspection and testing, the costs of
notification, filing costs and other related administrative costs and any other costs or expenses incurred by
the city in the abatement of the nuisance.
Sec. 30.8. Means of Appeal.
(1) Application for Appeal.
Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public
Nuisance Appeals Board to determine if a nuisance exists. A request for a hearing must be made in writing
and delivered to the Building Official on or before the date stated in the notice of abatement issued by the
City, or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered. In the
case of emergency abatement, a hearing may be requested within 14 days of the mailing date of the notice of
costs of abatement.
Attachment A
Within 14 days after the conclusion of the hearing, the Board Chairperson shall render a written decision as
to whether a nuisance exists. If it is found by the Board that a nuisance exists, it shall include in the written
decision what steps must be taken to abate the nuisance and the time within which such steps must be taken.
(2) Appointment and Membership of the Board.
(a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the
City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall
serve terms in accordance with established procedures.
(b) Board members shall be appointed by the Mayor with approval of the City Council. The term of office
shall be for three (3) years, except for the terms of office for the Board when initially established. For
the Board when initially established, the Mayor may prescribe a shorter than a full term of appointment
in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for
reappointment.
(c) Membership shall consist of seven (7) members, one from each of the four (4) wards, and three (3) from
the City at large.
(3) Chairperson.
The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one
of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson.
(4) Disqualification of Member.
A member shall not hear an appeal in which that member or an immediate family member has a personal,
professional or financial interest.
(5) Secretary.
The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings with the City Clerk’s Office.
(6) Compensation of Members.
Members shall receive no compensation.
(7) Meeting of the Board.
The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at
stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seeking a delay.
(8) Procedure.
The Board shall adopt and make available to the public, procedures under which hearings will be conducted.
(9) Board Decision.
The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional
time for abatement.
(10) Stay of Enforcement.
Appeals of a notice and order (other than an Imminent Danger notice) shall stay the enforcement of the notice
and order until the appeal is heard by the Board.
(11) Filing Fees.
Property owners are entitled to file one appeal per nuisance violation, at no fee. Subsequent appeals shall be
assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code
Board of Appeals.
CHAPTER 30 JUNKED VEHICLES, TRAILERS AND SEMITRAILERS; AND OUTDOOR STORAGE OF
MOTOR VEHICLES
Sec. 30.1. PURPOSE OF CHAPTER.
Attachment A
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to
preserve the value of property owned by these citizens by the prevention of the storage of junked vehicles, trailers and
semitrailers within the corporate limits of the city, except in places authorized; to provide for the removal of vehicles
in violation of the provisions of this chapter; and for the enforcement and penalties for violation hereof.
Sec. 30.2. DEFINITIONS.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth:
(1) "Enclosed structure" means any structure or portion there of built for the enclosure of property, containing a
roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure
from any street or adjacent property and contents thereof and being of a permanent nature.
(2) "Junked" means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Ames,
Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes
a threat to the public health, welfare, and/or safety;
(a) Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken
windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank,
two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component
part of an electrical system, or any component or structural part;
(b) Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin
or insects;
(c) Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood
or other combustible materials, garbage, refuse, solid waste, debris, etc.;
(d) Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals
of any kind;
(e) Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other
way constitutes a threat to the public health or safety of the citizens of Ames, Iowa;
(f) Any vehicle which contains gasoline or any flammable fuel and is inoperable.
(3) "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to
the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
(4) "Inoperable" means not capable of being used or operated.
(5) "Stored" means a vehicle, trailer or semitrailer left upon private property for 48 hours.
(6) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon
or is carried by another vehicle.
(7) "Trailer" means every vehicle without motive power designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(8) "Vehicle" means an automobile, truck, motorcycle, or other trackless self-propelled vehicle designed
primarily to transport persons or property over public streets and highways.
Sec. 30.3. STORAGE OF JUNKED VEHICLES, TRAILERS OR SEMITRAILERS.
It is hereby declared that the storage of any junked vehicles, trailers or semitrailers on private property within the
corporate limits of Ames, Iowa, for 48 hours, is unlawful, unless exempt by Section 30.9 of this chapter, and constitutes
a threat to the health, welfare and safety of the citizens thereof, and is declared to be a nuisance. Sec.
30.4. LIABILITY FOR VIOLATION.
The registered owner of any vehicle, trailer or semitrailer shall be prima facie liable for any violations of this chapter.
In the absence of any known or ascertainable owner, the occupant, lessee or owner of the property upon which said
vehicle, trailer or semitrailer is stored shall be prima facie liable for the violation.
Sec. 30.5. NOTICE OF VIOLATION.
Upon discovery of any junked vehicle, trailer, or semitrailer stored upon private property within the corporate limits
of the city, the city manager or designee shall:
(1) Cause written notice to be sent by certified mail to the last known registered owner of the vehicle, trailer or
semitrailer and the owner or the owner's agent of the property upon which said vehicle is located;
(2) Cause written notice to be affixed to the vehicle, trailer or semitrailer;
(3) The notice shall describe, if ascertainable, the year, make, model and location of the vehicle, trailer or
semitrailer and shall state that:
Attachment A
(a) The vehicle, trailer or semitrailer is declared junked under the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa;
(b) The owner of said vehicle, trailer or semitrailer or in the absence of any known or ascertainable owner,
the owner of the property upon which said vehicle, trailer or semitrailer is stored, must remove or repair
the vehicle, trailer or semitrailer or otherwise comply with the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa, within ten (10) days of notification, or said vehicle, trailer or semitrailer
may be towed;
(c) Failure to comply with the provisions of said Chapter 30 constitutes a municipal infraction;
(d) Any person holding an ownership interest in this property may file a written request for a hearing before
the city manager or designee within ten (10) days of the date of this notice. Sec. 30.6. PROCEDURE
FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and the
persons to whom notices are directed shall be advised of the time and place of said hearing at least three
days in advance thereof. At any such hearing, the city manager or designee and the persons to whom the
notices have been directed may introduce such witnesses and evidence as either party deems necessary.
If the existence of the violation is affirmed by the city manager or designee, the parties adversely affected
by this hearing shall have no longer than seven days from the date of final order to comply with said
order.
Sec. 30.7. REMOVAL OR REPAIR OF VEHICLES, TRAILERS OR SEMITRAILERS.
(1) The owners of a junked vehicle, trailer or semitrailer which violates the provisions of this chapter, or in the
absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or
semitrailer is stored, shall, within ten (10) days following the effective date of notice from the city manager
or designee, remove the vehicle, trailer or semitrailer to an auto salvage yard, junk yard or demolisher duly
licensed by the city, or repair the defect which caused said vehicle, trailer or semitrailer to violate the
provisions of this chapter, or to otherwise comply with this chapter.
(2) If the owner of record of a junked vehicle, trailer or semitrailer, or in the absence of any known or
ascertainable owner, the owner of the property on which said vehicle, trailer or semitrailer is stored, fails to
comply with the terms of this section, the city manager or designee may declare the vehicle, trailer or
semitrailer to be junked and shall direct the removal of said vehicle, trailer or semitrailer.
(3) Disposal of vehicles, trailer, or semitrailers. All junked vehicles, trailers or semitrailers which are towed by
the city pursuant to this chapter shall be impounded until lawfully claimed and all towing, storage and
administrative fees paid or shall be disposed of pursuant to the provisions of Section 321.89 and 321.90 of
the 1983 Code of Iowa.
Sec. 30.8. PENALTIES FOR OFFENSES PERTAINING TO JUNKED VEHICLES AND OUTDOOR
STORAGE OF MOTOR VEHICLES.
A violation of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi-trailers; and Outdoor Storage of
Motor Vehicles, shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof,
and a penalty of $750 for each repeat violation.
Sec. 30.9. EXEMPTIONS.
The provisions of this chapter shall not apply to:
(1) Vehicles, trailers or semitrailers stored within a garage or other enclosed structure or which are kept
concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight
fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin;
(2) Vehicles, trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and
meeting the requirement of the Ames Municipal Code.
Sec. 30.10. OUTDOOR STORAGE OF MOTOR VEHICLES.
In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can
detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as
follows:
(1) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for
residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under
their ownership, possession or control for more than fifteen (15) days without movement and use of said
vehicle as an operating motor vehicle.
Attachment A
(2) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial
use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their
ownership, possession or control for more than one year without movement and use of said vehicle as an
operating motor vehicle.
(3) The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked
or demolished motor vehicle, or motor vehicle stripped for parts, at the same commercially zoned site for
more than one hundred eighty days is prohibited.
(4) The following shall be exempt from the regulations of this section:
(a) vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind
an opaque wall at least six feet in height, or completely covered by a tight fitting opaque cloth vehicle
cover or tight fitting cloth tarpaulin.
(b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January
1, 1982.
(c) A "motor home", pickup truck with camper top, converted bus or van, or similar recreational vehicle,
which is currently licensed for operation on the public highways.
(d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the
streets while the owner or other person in lawful possession and control thereof, if a resident of this city,
is out of the city for more than fifteen (15) days but not more than one hundred eighty days.
(e) Vehicles which are immobilized pursuant to an immobilization order of the District Court.
Sec. 30.11. SEVERABILITY.
If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged invalid or
unconstitutional.
. . .
Sec. 13.406. EXTERIOR PROPERTY AREAS
. . .
(11) Motor vehicles.
Motor vehicles must be parked, stored, and maintained in accord with Ames City of Ames Municipal Code Chapter
30 Public Nuisances 31, Junked Vehicles-Outdoor Storage.
. . .
DIVISION IX Noxious Weeds
Sec. 5.901. WEED ORDINANCE.
(1) Words and Terms Defined
(a) Noxious Weeds: Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
(b) Weed Official: Person designated by the city manager to enforce this section.
(2) Nuisance Declared; Penalty
(a) It shall be a public nuisance for any owner or person in the possession or control of any land to allow
any noxious weeds to grow thereon.
(b) Duty To Cut Noxious Weeds: Each owner and each person in the possession or control of any land shall
cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon
and shall keep said lands free of such growth.
(c) Interference With Weed Official: No persons shall interfere with the weed official or any appointed
assistant while engaged in the enforcement of this chapter.
. . .
Sec. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES.
Any person who abandons or otherwise leaves unattended any refrigerator, icebox, washing machine, dishwasher,
kitchen range, clothes dryer, freezer, commode, urinal, bathroom sink, kitchen sink, or other large household
appliance, bathroom fixture, kitchen fixture, or similar container, outside of buildings, or any person who allows such
refrigerator, ice box, washing machine, dishwasher, kitchen range, clothes dryer, freezer, commode, urinal, bathroom
sink, kitchen sink, bathroom fixture, kitchen fixture, or other large household appliance, or similar container, to remain
outside of buildings or premises in the person’s possession or control, abandoned or unattended, commits a violation
of this section.
Attachment A
. . .
Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves
unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings
and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain
outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to
children, commits a municipal infraction punishable by a penalty of $50 for a person’s first violation and $100 for
each repeat violation.
. . .
Sec. 17.34. RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
(1) Standards: It shall be a violation of this section for any landowner or person leasing, occupying or having
control of any real property used for residential purposes, to keep, maintain, deposit or perform or permit on
such property the outdoor use, outdoor storage or outdoor placement of household appliances, household
furniture, or household furnishings, unless such items are designed for outdoor use and are used on the
premises for purposes of the household. The term "outdoor" includes a porch. However, the use, storage or
placement of household appliances, household furniture or household furnishings on a porch is not prohibited
if the porch is completely enclosed by fully intact glass or fully intact screens. A porch is a platform
completely covered by a roof located at and attached to or abutting against the entrance to a building. Screens
are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow.
(2) Costs of Abatement: Pursuant to subsection 364.22(9) Code of Iowa, when judgment has been entered for a
violation of this section, a court order shall be sought to authorize the City to abate or correct the violation
and order that the City’s costs for such abatement or correction of the violation be entered as a personal
judgment against the defendant, or assessed against the property, or both.
(3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person’s first
violation, $100 for a person’s second violation, and $250 for a person’s third and each succeeding violation.”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out
in the ordinance.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of , 2023.
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
Attachment B
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING AND REPLACING
CHAPTER 30, AMENDING SECTION 13.406(11), AND
REPEALING SECTIONS 5.901, 11.8, 17.12, AND 17.34
THEREOF, FOR THE PURPOSE OF ESTABLISHING
MINIMUM PROPERTY STANDARDS; REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing
and replacing Chapter 30, amending section 13.406(11), and repealing sections 5.901, 11.8, 17.12, and 17.34, as
follows:
“CHAPTER 30 PUBLIC NUISANCES
30.1. Purpose.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames. The minimum
property maintenance standards adopted herein will: help preserve and remain fit for occupancy the existing housing
stock by prohibiting conditions that may compromise the integrity of structures; maintain neighborhood camaraderie
by establishing consistent standards for the upkeep of exterior property areas; expedite the enforcement process and
keep compliance costs low for property owners; and ensure equitable treatment for all property owners by establishing
an appeal board.
30.2 Scope.
The provisions of this chapter shall apply to all properties within the City of Ames and constitute minimum
requirements and standards for premises, structures, and vehicles.
Sec. 30.3. Public nuisances prohibited; authority to abate.
The creation or maintenance of a nuisance on any property in the City of Ames is unlawful and is prohibited. The City
Manager or Manager’s designee is authorized to abate nuisances either by issuance of a municipal infraction
punishable by a penalty of $50 for a person’s first violation thereof, and a penalty of $100 for each repeat violation
and/or by administrative abatement procedures set forth in this article, or a combination thereof.
Sec. 30.4. Definitions.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth herein:
Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the
preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including tin cans or similar
food containers. Dead animals are not included in the term garbage.
Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or other defacement or other written
communication, etched, scratched, or made with spray paint, paint, ink, chalk, dye, or similar substances, or in any
manner, on any public or private property, including, but not limited to, streets, sidewalks, buildings, walls, bridges,
fences, or other structures which was made without the consent of the property owner.
Hazardous Waste. Any substance as defined in section 455B.411(3)(a), the rules of the Iowa Department of Natural
Resources.
Inoperable. Not capable of being used or operated as a motor vehicle.
Attachment B
Junk. Items including, but not limited to, building materials not part of an active building project authorized by a
current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes,
wooden pallets, discarded lumber (not including neatly stacked and cut fire wood), plastic tarps, or any other discarded
or miscellaneous item or items.
Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics,
constitutes a threat to the public health, welfare and/or safety:
(a) That has been rendered inoperable because of a missing or broken windshield or window glass, fender, door,
bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft,
differential, battery, generator or alternator or other component part of an electrical system, any component
or structural part, or lack of current registration;
(b) That has become the habitat of rats, mice, snakes or any other vermin or insects;
(c) That is being used for storage purposes
(d) That its condition constitutes a threat to the public health or safety of the public;
(e) That contains gasoline or any flammable fuel and is inoperable.
Noxious Substances. Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous,
including any dead animal portion thereof, together with human or animal excrement.
Noxious Weeds. Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
Outdoor Area. All exterior areas of a property, including porches, partially enclosed sheds, lean-tos or other structures
not totally enclosed by structural walls, roof and properly functioning doors. A porch is not considered to be an outdoor
area if it is completely enclosed by fully intact glass or fully intact screens.
Refuse. All other miscellaneous waste materials except “yard waste” not specifically defined as garbage.
Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another
vehicle.
Sidewalk. A hard surface of any width designated for non-motorized travel
Stagnant Water. Standing water that is trapped and does not circulate, excluding bird baths, koi ponds, landscape
water features, and approved stormwater retention areas.
Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Trash Disposal Container. A closed, water-tight, hard receptacle that cannot be ripped open by animals. Containers
that shed rain when their lids are completely closed shall satisfy the requirement for a water-tight receptacle.
Turf Grasses. Narrow-leaved grass species that form a uniform, long-lived ground cover that can tolerate traffic and
mowing heights of two inches or below.
Vehicle. An automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport
persons or property over public streets and highways.
Weed Official. Person designated by the City Manager to enforce noxious weeds.
Yard Waste. Debris such as grass clippings, leaves, garden waste, brush and trees. It does not include tree stumps.
Sec. 30.5. Nuisance defined; certain acts, conditions declared as nuisances.
Nuisances shall include the following:
(1) The use of any building or other place for the exercise of any trade, employment or manufacture which, by
occasioning noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to
the health, comfort or property of individuals or the public.
(2) Refuse, garbage, or junk that is not contained in a trash disposal container; noxious substances; or hazardous
wastes remaining in any outdoor place for more than 72 hours.
Attachment B
(3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container for longer
than seven days. Yard waste may be retained for longer than seven days if composting is being completed.
Composting shall comply with the state regulations contained in Chapter 105 of the Iowa Administrative
Code.
(a) Composting piles may include: yard waste including leaves, grass clippings, straw and hay, sawdust, and
finely chopped shredded tree and shrub prunings; kitchen scraps including fruit and vegetable trimmings
(including rhubarb leaves), coffee grounds, and eggshells; shredded newspapers; wood ashes (no more
than one cup per bushel of compost).
(b) Composting piles cannot include: human or animal feces; diseased plant material or weeds that have
gone to seed; kitchen scraps that include animal meat, bones or fat; and all other materials not listed in
subsection (a) above.
(4) Stagnant water on any property for more than 48 hours, including any open container or material kept in such
a condition that water can accumulate and stagnate therein, creating a breeding ground or habitat for insects
or rodents.
(5) The obstructing or encumbering, by fences, buildings, structures, signs or otherwise, of the public streets and
rights-of-ways.
(6) Snow, ice, mud, gravel, grass clippings, leaves or other accumulations remaining on a sidewalk longer than
10 daylight hours after the cessation of the storm or cause of the accumulation.
(7) Depositing ice or snow from private property, sidewalks, or driveways onto the traveled way of a public
street after the street has been cleared so as to obstruct gutters or impede the passage of vehicles upon the
street or alley or to create a hazardous condition therein.
(8) Vegetation located in the City right-of-way exceeding 12 inches in height within one foot of the traveled
portion of the street. Streets designated as no parking may have vegetation exceeding 12 inches in height
within one foot of the traveled portion of the street. Plantings that cause safety issues would be subject to
removal, regardless of height, at the City’s discretion. Non-vegetative materials such as trellises or chicken
wire are prohibited in the right-of-way. Exceptions: those areas approved by the City as stormwater or native
vegetation preservation areas.
(9) Vegetation located on private property hanging over public streets with less than 16 feet of clearance above
the public street or vegetation located on private property that hangs over or into public sidewalks with less
than 10 feet of clearance above the sidewalk.
(10) Vines, brush or other vegetation, including dead bushes, dead woody plants, overgrown or unkempt bushes,
that restrict egress from or ingress to a building through doors or below grade egress windows.
(11) Turf grasses exceeding 12 inches in height.
(12) Trees in such a state of deterioration, as determined by the City, that any part of such tree presents an
immediate threat to the safety of persons or property.
(13) Noxious weeds or any other plant deemed hazardous to persons or property by the City.
(14) Any excavation, hole, or other depression in the ground in or on any lot or parcel of land in the city of a depth
of more than three feet below the surrounding grade, other than as part of the active construction of a building
or other structure on the lot which will ultimately close in and completely cover such excavation, hole or
depression. Upon a finding by the enforcement officer that the owner of the lot or parcel of land has violated
the provisions of this subsection, the lot owner shall be required to fill in any such excavation, hole or
depression and grade the same to a topographic elevation equal to or level with the surrounding adjacent
grade. Exceptions: egress window wells, fire pits, or excavations completely secured by a fence or similar
method.
(15) Upholstered or finished furniture intended for indoor usage such as couches, beds, mattresses, desks, chairs,
shelving or wooden tables, other household furnishings or equipment including carpeting, appliances and
other typical household items intended for indoor usage, placed or used outdoors.
Attachment B
(16) Unoccupied buildings or unoccupied portions of buildings which are unsecured. Accessory structures on
properties where the primary structure is occupied are not considered unoccupied buildings.
(17) Any structure, including detached accessory structures, on any commercial, residential, agricultural or
industrial property that is not free from significant structural defects. The term "free from significant
structural defect" means:
(a) The roof and roofing material are of such a nature and condition that they do not permit water, snow or
ice to penetrate the structure. Roofing materials shall be in good condition and made up of materials
appropriate to the application.
(b) Drainage gutters and downspouts, if present, are securely attached to the structure and in proper
functioning order.
(c) All exterior trim and exterior exposed surfaces, including siding materials, are sound and securely
attached to the structure.
(d) Exterior walls are free of holes and made of materials appropriate to the application.
(e) The foundation of the structure is sound, capable of supporting the structure and not deteriorated to the
point that failure is judged to be inevitable, but not necessarily imminent. The foundation shall be plumb
and free from cracks, breaks and holes to prevent the entry of animals.
(f) Windows and doors are intact, containing no holes, squarely hung with properly operating latches or
locks to be securely closed, and where the windows have intact glass or normal window material that
allows the entry of light with no holes in said window surface areas. No plastic wrap material, tarps,
plywood, or similar temporary materials shall be used to substitute for doorways or windows.
(g) All exterior components serving doors and windows, including, but not limited to, steps, porches,
ramps, landings, handrails, and guardrails are of a secure and safe design, be made of standard building
materials and be intact, with no protruding or loose boards or surface materials causing a hazard.
(h) Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials,
including wood, vinyl, steel or metal siding materials, stucco or exterior insulation finish system (EIFS)
materials, brick or similar masonry materials, that are in all cases intact. Plastic wrap material shall not
be considered an acceptable siding material.
(i) All fencing, including gates, are in good condition, free from damage, breaks, holes or missing
structural members so as not to create a hazard for adjacent properties. All fencing shall be of materials
appropriate to the application.
(j) All exterior wires on the exterior of the structure are fastened to the structure.
(18) Graffiti which is visible to the public view and has not been removed within seven (7) days of notification
by the enforcement officer.
(19) Conditions that create a fire hazard, as determined by the Fire Chief or the Fire Chief’s designee, or are in
violation of Ames Municipal Code Chapter 8 Fire Code.
(20) Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting Code.
(21) Junked vehicles stored outdoors on private property for more than 48 hours.
Exceptions:
(a) Junked vehicles stored within a garage or other enclosed structure or which are kept concealed and
enclosed behind an opaque wall at least six feet in height, or completely covered by a tight-fitting opaque
cloth vehicle cover or tight-fitting cloth tarpaulin
(b) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the
requirements of the Ames Municipal Code.
(22) Travel trailers, recreational vehicles, boats, boat trailers and trailers parked in the front yard. Parking of travel
trailers, recreational vehicles, boats, boat trailers and trailers is permitted behind the front yard so long as
Attachment B
they are not being used for habitation or business purposes and they are parked on an approved parking
surface.
(23) Obstructions in the visibility triangle not incompliance with Ames Municipal Code Sec. 29.408(5) Visibility
at Intersections.
Sec. 30.6. Responsibility for abatement; abatement defined.
(1) The owner, agent, lessee, occupant or other person in charge of any building or premises where any of the
actions forbidden by this chapter exist, or whence any of such actions have originated, or any person
responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate
such action without delay.
(2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating, cutting, mowing,
grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous
portions of buildings or structures, and demolition of dangerous structures or abandoned buildings.
Sec. 30.7. Abatement by city after notice; procedure; payment of costs.
(1) In case of the failure of any person to correct, remove or abate a nuisance on written notice issued by the
enforcement officer, served in the manner of an original notice, or by certified mail to the last known address
of the owner, agent, lessee, occupant or other person in charge of the building or premises where the nuisance
exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed
depending on the urgency of the case, then and at once upon such failure the enforcement officer shall have
the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed, corrected
or abated.
(2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a
property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or
property, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and
opportunity of hearing. A notice of costs of abatement will be sent to the property owner within 14 days of
the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the
property for collection in the same manner as property taxes as set forth in State Code Section 364.12(3)(h).
(3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or
eliminating the nuisance, the cost of investigation, such as title searches, inspection and testing, the costs of
notification, filing costs and other related administrative costs and any other costs or expenses incurred by
the city in the abatement of the nuisance.
Sec. 30.8. Means of Appeal.
(1) Application for Appeal.
Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public
Nuisance Appeals Board to determine if a nuisance exists. A request for a hearing must be made in writing
and delivered to the Building Official on or before the date stated in the notice of abatement issued by the
City, or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered. In the
case of emergency abatement, a hearing may be requested within 14 days of the mailing date of the notice of
costs of abatement.
Within 14 days after the conclusion of the hearing, the Board Chairperson shall render a written decision as
to whether a nuisance exists. If it is found by the Board that a nuisance exists, it shall include in the written
decision what steps must be taken to abate the nuisance and the time within which such steps must be taken.
(2) Appointment and Membership of the Board.
(a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the
City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall
serve terms in accordance with established procedures.
(b) Board members shall be appointed by the Mayor with approval of the City Council. The term of office
shall be for three (3) years, except for the terms of office for the Board when initially established. For
the Board when initially established, the Mayor may prescribe a shorter than a full term of appointment
Attachment B
in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for
reappointment.
(c) Membership shall consist of seven (7) members, one from each of the four (4) wards, and three (3) from
the City at large.
(3) Chairperson.
The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one
of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson.
(4) Disqualification of Member.
A member shall not hear an appeal in which that member or an immediate family member has a personal,
professional or financial interest.
(5) Secretary.
The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings with the City Clerk’s Office.
(6) Compensation of Members.
Members shall receive no compensation.
(7) Meeting of the Board.
The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at
stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seeking a delay.
(8) Procedure.
The Board shall adopt and make available to the public, procedures under which hearings will be conducted.
(9) Board Decision.
The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional
time for abatement.
(10) Stay of Enforcement.
Appeals of a notice and order (other than an Imminent Danger notice) shall stay the enforcement of the notice
and order until the appeal is heard by the Board.
(11) Filing Fees.
Property owners are entitled to file one appeal per nuisance violation, at no fee. Subsequent appeals shall be
assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code
Board of Appeals.
CHAPTER 30 JUNKED VEHICLES, TRAILERS AND SEMITRAILERS; AND OUTDOOR STORAGE OF
MOTOR VEHICLES
Sec. 30.1. PURPOSE OF CHAPTER.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to
preserve the value of property owned by these citizens by the prevention of the storage of junked vehicles, trailers and
semitrailers within the corporate limits of the city, except in places authorized; to provide for the removal of vehicles
in violation of the provisions of this chapter; and for the enforcement and penalties for violation hereof.
Sec. 30.2. DEFINITIONS.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth:
(1) "Enclosed structure" means any structure or portion there of built for the enclosure of property, containing a
roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure
from any street or adjacent property and contents thereof and being of a permanent nature.
(2) "Junked" means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Ames,
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Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes
a threat to the public health, welfare, and/or safety;
(a) Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken
windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank,
two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component
part of an electrical system, or any component or structural part;
(b) Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin
or insects;
(c) Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood
or other combustible materials, garbage, refuse, solid waste, debris, etc.;
(d) Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals
of any kind;
(e) Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other
way constitutes a threat to the public health or safety of the citizens of Ames, Iowa;
(f) Any vehicle which contains gasoline or any flammable fuel and is inoperable.
(3) "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to
the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
(4) "Inoperable" means not capable of being used or operated.
(5) "Stored" means a vehicle, trailer or semitrailer left upon private property for 48 hours.
(6) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon
or is carried by another vehicle.
(7) "Trailer" means every vehicle without motive power designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(8) "Vehicle" means an automobile, truck, motorcycle, or other trackless self-propelled vehicle designed
primarily to transport persons or property over public streets and highways.
Sec. 30.3. STORAGE OF JUNKED VEHICLES, TRAILERS OR SEMITRAILERS.
It is hereby declared that the storage of any junked vehicles, trailers or semitrailers on private property within the
corporate limits of Ames, Iowa, for 48 hours, is unlawful, unless exempt by Section 30.9 of this chapter, and constitutes
a threat to the health, welfare and safety of the citizens thereof, and is declared to be a nuisance. Sec.
30.4. LIABILITY FOR VIOLATION.
The registered owner of any vehicle, trailer or semitrailer shall be prima facie liable for any violations of this chapter.
In the absence of any known or ascertainable owner, the occupant, lessee or owner of the property upon which said
vehicle, trailer or semitrailer is stored shall be prima facie liable for the violation.
Sec. 30.5. NOTICE OF VIOLATION.
Upon discovery of any junked vehicle, trailer, or semitrailer stored upon private property within the corporate limits
of the city, the city manager or designee shall:
(1) Cause written notice to be sent by certified mail to the last known registered owner of the vehicle, trailer or
semitrailer and the owner or the owner's agent of the property upon which said vehicle is located;
(2) Cause written notice to be affixed to the vehicle, trailer or semitrailer;
(3) The notice shall describe, if ascertainable, the year, make, model and location of the vehicle, trailer or
semitrailer and shall state that:
(a) The vehicle, trailer or semitrailer is declared junked under the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa;
(b) The owner of said vehicle, trailer or semitrailer or in the absence of any known or ascertainable owner,
the owner of the property upon which said vehicle, trailer or semitrailer is stored, must remove or repair
the vehicle, trailer or semitrailer or otherwise comply with the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa, within ten (10) days of notification, or said vehicle, trailer or semitrailer
may be towed;
(c) Failure to comply with the provisions of said Chapter 30 constitutes a municipal infraction;
(d) Any person holding an ownership interest in this property may file a written request for a hearing before
the city manager or designee within ten (10) days of the date of this notice. Sec. 30.6. PROCEDURE
FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and the
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persons to whom notices are directed shall be advised of the time and place of said hearing at least three
days in advance thereof. At any such hearing, the city manager or designee and the persons to whom the
notices have been directed may introduce such witnesses and evidence as either party deems necessary.
If the existence of the violation is affirmed by the city manager or designee, the parties adversely affected
by this hearing shall have no longer than seven days from the date of final order to comply with said
order.
Sec. 30.7. REMOVAL OR REPAIR OF VEHICLES, TRAILERS OR SEMITRAILERS.
(1) The owners of a junked vehicle, trailer or semitrailer which violates the provisions of this chapter, or in the
absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or
semitrailer is stored, shall, within ten (10) days following the effective date of notice from the city manager
or designee, remove the vehicle, trailer or semitrailer to an auto salvage yard, junk yard or demolisher duly
licensed by the city, or repair the defect which caused said vehicle, trailer or semitrailer to violate the
provisions of this chapter, or to otherwise comply with this chapter.
(2) If the owner of record of a junked vehicle, trailer or semitrailer, or in the absence of any known or
ascertainable owner, the owner of the property on which said vehicle, trailer or semitrailer is stored, fails to
comply with the terms of this section, the city manager or designee may declare the vehicle, trailer or
semitrailer to be junked and shall direct the removal of said vehicle, trailer or semitrailer.
(3) Disposal of vehicles, trailer, or semitrailers. All junked vehicles, trailers or semitrailers which are towed by
the city pursuant to this chapter shall be impounded until lawfully claimed and all towing, storage and
administrative fees paid or shall be disposed of pursuant to the provisions of Section 321.89 and 321.90 of
the 1983 Code of Iowa.
Sec. 30.8. PENALTIES FOR OFFENSES PERTAINING TO JUNKED VEHICLES AND OUTDOOR
STORAGE OF MOTOR VEHICLES.
A violation of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi-trailers; and Outdoor Storage of
Motor Vehicles, shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof,
and a penalty of $750 for each repeat violation.
Sec. 30.9. EXEMPTIONS.
The provisions of this chapter shall not apply to:
(1) Vehicles, trailers or semitrailers stored within a garage or other enclosed structure or which are kept
concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight
fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin;
(2) Vehicles, trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and
meeting the requirement of the Ames Municipal Code.
Sec. 30.10. OUTDOOR STORAGE OF MOTOR VEHICLES.
In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can
detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as
follows:
(1) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for
residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under
their ownership, possession or control for more than fifteen (15) days without movement and use of said
vehicle as an operating motor vehicle.
(2) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial
use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their
ownership, possession or control for more than one year without movement and use of said vehicle as an
operating motor vehicle.
(3) The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked
or demolished motor vehicle, or motor vehicle stripped for parts, at the same commercially zoned site for
more than one hundred eighty days is prohibited.
(4) The following shall be exempt from the regulations of this section:
(a) vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind
an opaque wall at least six feet in height, or completely covered by a tight fitting opaque cloth vehicle
cover or tight fitting cloth tarpaulin.
Attachment B
(b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January
1, 1982.
(c) A "motor home", pickup truck with camper top, converted bus or van, or similar recreational vehicle,
which is currently licensed for operation on the public highways.
(d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the
streets while the owner or other person in lawful possession and control thereof, if a resident of this city,
is out of the city for more than fifteen (15) days but not more than one hundred eighty days.
(e) Vehicles which are immobilized pursuant to an immobilization order of the District Court.
Sec. 30.11. SEVERABILITY.
If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged invalid or
unconstitutional.
. . .
Sec. 13.406. EXTERIOR PROPERTY AREAS
. . .
(11) Motor vehicles.
Motor vehicles must be parked, stored, and maintained in accord with Ames City of Ames Municipal Code Chapter
30 Public Nuisances 31, Junked Vehicles-Outdoor Storage.
. . .
DIVISION IX Noxious Weeds
Sec. 5.901. WEED ORDINANCE.
(1) Words and Terms Defined
(a) Noxious Weeds: Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
(b) Weed Official: Person designated by the city manager to enforce this section.
(2) Nuisance Declared; Penalty
(a) It shall be a public nuisance for any owner or person in the possession or control of any land to allow
any noxious weeds to grow thereon.
(b) Duty To Cut Noxious Weeds: Each owner and each person in the possession or control of any land shall
cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon
and shall keep said lands free of such growth.
(c) Interference With Weed Official: No persons shall interfere with the weed official or any appointed
assistant while engaged in the enforcement of this chapter.
. . .
Sec. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES.
Any person who abandons or otherwise leaves unattended any refrigerator, icebox, washing machine, dishwasher,
kitchen range, clothes dryer, freezer, commode, urinal, bathroom sink, kitchen sink, or other large household
appliance, bathroom fixture, kitchen fixture, or similar container, outside of buildings, or any person who allows such
refrigerator, ice box, washing machine, dishwasher, kitchen range, clothes dryer, freezer, commode, urinal, bathroom
sink, kitchen sink, bathroom fixture, kitchen fixture, or other large household appliance, or similar container, to remain
outside of buildings or premises in the person’s possession or control, abandoned or unattended, commits a violation
of this section.
. . .
Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves
unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings
and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain
outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to
children, commits a municipal infraction punishable by a penalty of $50 for a person’s first violation and $100 for
each repeat violation.
. . .
Sec. 17.34. RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
Attachment B
(1) Standards: It shall be a violation of this section for any landowner or person leasing, occupying or having
control of any real property used for residential purposes, to keep, maintain, deposit or perform or permit on
such property the outdoor use, outdoor storage or outdoor placement of household appliances, household
furniture, or household furnishings, unless such items are designed for outdoor use and are used on the
premises for purposes of the household. The term "outdoor" includes a porch. However, the use, storage or
placement of household appliances, household furniture or household furnishings on a porch is not prohibited
if the porch is completely enclosed by fully intact glass or fully intact screens. A porch is a platform
completely covered by a roof located at and attached to or abutting against the entrance to a building. Screens
are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow.
(2) Costs of Abatement: Pursuant to subsection 364.22(9) Code of Iowa, when judgment has been entered for a
violation of this section, a court order shall be sought to authorize the City to abate or correct the violation
and order that the City’s costs for such abatement or correction of the violation be entered as a personal
judgment against the defendant, or assessed against the property, or both.
(3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person’s first
violation, $100 for a person’s second violation, and $250 for a person’s third and each succeeding violation.”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out
in the ordinance.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of , 2023.
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor