HomeMy WebLinkAbout~Master - August 22, 2023AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS – CITY HALL
AUGUST 22, 2023
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the record,
and limit the time used to present your remarks in order that others may be given the opportunity
to speak. The normal process on any particular agenda item is that the motion is placed on the
floor, input is received from the audience, the Council is given an opportunity to comment on the
issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time
provided for public input at the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATIONS:
1. Proclamation for “Water and Wastewater Workers Week,” August 20-26, 2023
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 August 8, 2023
3. Motion approving Report of Change Orders for period August 1-15, 2023
4. Motion approving Civil Service Candidates
5. Motion approving 5-Day (September 20 – September 24, 2023) Special Class C Retail
Alcohol License – Lucky Wife Wine Slushies, 1930 East 13th Street, Pending Dramshop
Status
6. Motion approving 5-Day (August 28 – August 30, 2023) Class C Retail Alcohol License –
Christiani’s Events, 2321 North Loop Drive
7. Motion approving a new Class E Retail Alcohol License – Lalo’s Liquor Store Inc., 809
Wheeler Street Suite 105
8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor
Licenses:
a. Class C Liquor License with Outdoor Service – Daytime Diner, 127 Dotson Drive
b. Class E Liquor License – Cyclone Liquors, 626 Lincoln Way
c. Class C Liquor License with Catering Privilege and Outdoor Service – Whiskey River,
132-134 Main Street
d. Class C Liquor License with Outdoor Service –Wallaby’s Grille, 2733 Stange Road
9. Motion approving request for Fireworks Permits for display from Jack Trice Stadium for
2023 ISU Home Football Games on the following dates:
a. Saturday, September 2
b. Saturday, September 9
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c. Saturday, September 23
d. Saturday, October 7
e. Saturday, November 4
f. Saturday, November 18
10. Resolution accepting completion of Art Capital Grant Project for KHOI-FM, and authorizing
full payment in the amount of $3,314
11. Resolution approving Agreement between Ames Human Relations Commission and Iowa
Civil Rights Commission regarding intake and investigation of Civil Rights Complaints
12. Resolution approving Encroachment Permit for Sign at 301 Alexander Avenue
13. Resolution setting date of Public Hearing for September 12, 2023, for vacation of existing
electric utility easements 2214 Lincoln Way, located on Lot 23, Parkers Addition, Ames, Iowa
14. Resolution approving Rapid Need Report for Unit 8 Turbine Repair at the Power Plant
15. Emerson SureService Software Support Contract for the Power Plant
a. Resolution waiving the City’s Purchasing Policies and Procedures requirement for formal
bidding requirements and awarding a single source purchase
b. Resolution awarding a three-year contract to Emerson Process Management Power &
Water Solutions, Inc. of Tinley Park, Illinois, for the Emerson SureService Software
Support Contract for the Power Plant in the amount of $107,534
16. Resolution approving Change Order No. 1 for Power Plant Boiler Maintenance Services
Contract to TEi Construction Services, Inc., Duncan, South Carolina, in the amount of
$320,000
17. Resolution approving preliminary plans and specifications for the East 13th Street Sanitary
Sewer Extension, setting September 20, 2023, as the bid due date and September 26, 2023, as
the date of Public Hearing
18. Resolution approving preliminary plans and specifications for the Water Treatment Plant,
Southeast Wellfield, and Technical Services Complex Security Fence Improvements setting
September 14, 2023, as the bid due date and September 26, 2023, as the date of Public Hearing
19. Resolution awarding contract for CyRide Reconditioned Engine Replacements to MHC
Kenworth, Des Moines, Iowa for a total cost of $116,200.47
20. Resolution approving closure of portion of Hayward Avenue, between Mortensen Road and
Storm Street, from 7:00 a.m. to 4:00 p.m. for 2023 Big 12 Conference Cross Country
Championships on Saturday, October 28, 2023
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.
PLANNING AND HOUSING:
21. Staff Report on Downtown Stakeholder Development and Redevelopment Outreach
22. Staff Report on Paving Requirement for Cedar Lane related to the Ansley Development
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23. Motion initiating a Zoning Text Amendment to allow for electric vehicle charging related
equipment encroachments to be exempt from the landscape area calculation
24. Resolution approving amendment for the North Dayton Avenue Industrial Park TIF
Agreement Speculative Building Extension
ELECTRIC:
25. Purchase of Unit 7 Air Heater Baskets for the Power Plant
a. Resolution waiving the City’s Purchasing Policies and Procedures requirement for formal
bidding requirements and awarding a single source purchase
b. Resolution awarding contract to Arvos Ljungstrom, Palatine, Illinois, for the purchase of
air heater baskets for the Power Plant in the amount of $338,141.40 (inclusive of sales
tax)
PARKS & RECREATION:
26. Sands-McDorman Property
a. Resolution approving purchase agreement for the Sands-McDorman Property at 5658
Ontario Street for the price of $1,146,474
HEARINGS:
27. Hearing on Nuisance Assessments:
a. Resolution assessing cost of snow/ice removal and removal of vegetation in right of way
and certifying assessments to Story County Treasurer
ORDINANCES:
28. Second reading of the Minimum Exterior Property Maintenance Ordinance
29. Third reading and adoption of ORDINANCE NO. 4509 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
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
CLOSED SESSION:
30. Motion to hold Closed Session as provided by Section 21.5(1)(c), Code of Iowa, to discuss
matters presently in or threatened to be in litigation
ADJOURNMENT:
Please note that this agenda may be changed up to 24 hours before the meeting time as
provided by Section 21.4(2), Code of Iowa.
SUMMARY OF MINUTES OF THE MEETING OF THE AMES AREA
METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION
POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 8, 2023
The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee
meeting was called to order by Ames Mayor and voting member John Haila at 5:59 p.m. on the
18th day of July, 2023. Other voting members present were: Bronwyn Beatty-Hansen, City of
Ames; Gloria Betcher, City of Ames, Tim Gartin, City of Ames; Rachel Junck, City of Ames;
Anita Rollins, City of Ames; Linda Murken, Story County Board of Supervisors; Jonathan Popp,
Mayor of Gilbert; and Bill Zinnel, Boone County.
MOTION ACCEPTING THE FINDINGS OF THE 190TH STREET CORRIDOR STUDY:
Director of Public Works John Joiner, Traffic Engineers Damion Pregitzer and Mark Gansen, and
Transportation Planner Kyle Thompson were available to answer questions about the report.
Moved by Gartin, seconded by Murken, to accept the report.
Vote on Motion: 8-1. Voting Aye: Beatty-Hansen, Betcher, Gartin, Haila, Junck, Murken, Rollins,
and Zinnel. Voting Nay: Popp.
MOTION SETTING SEPTEMBER 12, 2023, AS DATE OF PUBLIC HEARING
REGARDING AMENDMENT TO THE FFY 2023-2026 TRANSPORTATION
IMPROVEMENT PROGRAM: Planner Thompson stated the Public Hearing was to satisfy a
requirement for the Department of Transportation (DOT).
Moved by Betcher, seconded by Popp, to set September 12, 2023, as date of Public Hearing
regarding amendment to the FFY 2023-2026 Transportation Improvement Program.
Vote on Motion: 9-0. Motion declared carried unanimously.
COMMITTEE COMMENTS: None.
ADJOURNMENT: Moved by Murken, seconded by Junck, to adjourn the meeting at 6:22 p.m.
Vote on Motion: 9-0. 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 John Haila at 6:29
p.m. on the 8th day of August, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue,
pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Tim
Gartin, Rachel Junck, and Anita Rollins. Iowa State University Student Body President Jennifer
Holiday was present. Council Member Amber Corrieri was absent. Ex officio Tabitha Etten was
also absent.
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CONSENT AGENDA: Moved by Beatty-Hansen, seconded by Betcher, to approve the consent
agenda.
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
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 NO. 23-434 supporting the City of Ames continued designation as a member
of Bird Friendly Iowa
12. RESOLUTION NO. 23-435 approving Encroachment Permit Agreement for Awning at 211
& 209 Main Street
13. RESOLUTION NO. 23-436 approving Encroachment Permit Agreement for Sign at 2700
Graham Street
14. RESOLUTION NO. 23-437 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 NO. 23-438 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 NO. 23-439 approving Amendment No. 1 to the Ioway Creek Watershed
Management Authority 28E Agreement and approving Hamilton County as a new cooperator
17. RESOLUTION NO. 23-440 approving Memorandum of Understanding with Story County to
apply for grant funding under the 2023 Department of Justice, Office of Justice Programs,
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Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG)
Program and authorize application for that grant
18. RESOLUTION NO. 23-441 approving Memorandum of Understanding with Iowa State
University for 2022/23 Traffic Signal Program (State Avenue and Mortensen Permanent
Signal)
19. RESOLUTION NO. 23-442 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 NO. 23-443 awarding contract to Vision Metering of York, South Carolina,
for the purchase of electric meters in accordance with unit prices bid
21. RESOLUTION NO. 23-444 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 NO. 23-445 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
23. RESOLUTION NO. 23-446 approving contract and bond for 2022/23 Airport Improvements
Project (South Apron Rehab) with Con-Struct, Inc. of Ames, Iowa
24. RESOLUTION NO. 23-447 accepting Fire Station 3 PCC Replacement as completed Brothers
Concrete, of Des Moines, Iowa
25. RESOLUTION NO. 23-448 accepting the 2021/22 and 2022/23 Clear Water Diversion as
completed by Ames Trenching and Excavating, Inc., of Ames, Iowa
26. RESOLUTION NO. 23-449 accepting the FY 2022/23 Story County Edge of Field Project as
completed by Hands on Excavating, LLC, of Radcliffe, Iowa
27. RESOLUTION NO. 23-450 accepting the 2022/23 Downtown Street Pavement
Improvements as completed by Brothers Concrete, of Des Moines, Iowa
Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum.
Richard Deyo, 505 8st Street #2, Ames, presented concerns about the Senior Variety Show.
Paul Readhead, 1200 Ridgewood Avenue, Ames, offered observations and concerns about solid
waste collection in Ames.
Teresa Albertson, 4612 Westbend Drive, Ames, shared concerns about a homeless encampment
in West Ames.
ES TAS LIQUOR LICENSE: Chief of Police Geoff Huff presented the Council Action Form
(CAF) and was available for questions from the City Council.
Mayor Haila opened the Public Input.
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Terry Cullen, 216 Stanton Avenue, Ames, the owner of Es Tas, was available for questions from
the City Council. He shared his commitment to changing the perception of Es Tas as a place where
minors could get in and being in compliance going forward.
Moved by Beatty-Hansen, seconded by Junck, to approve a new eight-month license for Class C
Retail Alcohol License – Terry & Andy’s Tacos Inc. (Es Tas) 216 Stanton, Pending Dramshop
Status.
Roll Call Vote: 5-0. Motion declared carried unanimously.
IOWA ECONOMIC DEVELOPLMENT AUTHORITY APPLICATION: Finance Director
Cody Goodenow shared that the proposed project would result in a $13,000,000 investment in a
local business that only needed the City to endorse the application, with no local match needed.
Mayor Haila opened the Public Input.
Dan Culhane, President and CEO of the Ames Chamber of Commerce, commented that the best
opportunities come from businesses who are already here in the community.
Tom Buzalweski, Director of the Ames 3M Plant, said he was thankful for the opportunity to add
25 high quality jobs to the community.
Mayor Haila closed the Public Input when no one else came forward to speak.
Moved by Betcher, seconded by Junck, to adopt RESOLUTION No. 23-451 endorsing Iowa
Economic Development Authority Application for Financial Assistance for 3M Company.
Vote on Motion: 5-0. Motion declared carried unanimously.
CITY MEETING CODE OF CONDUCT: Assistant City Manager Brian Phillips presented the
Council Action Form (CAF) and was available for questions from the City Council.
Mayor Haila opened the Public Input.
Richard Deyo, 505 8st Street #2, Ames, stated his concerns with the proposed policy.
Mayor Haila closed the Public Input when no one else came forward to speak.
Moved by Betcher, seconded by Beatty-Hansen, to adjust the language of Item 4 to allow people
to approach the dais only if they are interacting with staff to distribute materials to those seated at
the dais.
Vote on Motion: 3-2. Voting Aye: Betcher, Beatty-Hansen, Junck. Voting Nay: Gartin, Rollins.
Motion declared carried.
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Moved by Betcher, seconded by Rollins, to change the language of Item 5 to allow standing by
meeting attendees as long as they are not obstructing the view of the proceedings or the ability of
others to participate.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Betcher, seconded by Beatty-Hansen, to change language of Item 6 to indicate that signs
are allowed at meetings, but when displayed must not obstruct the view of the proceedings or the
participation of meeting attendees.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Beatty-Hansen, seconded by Junck, that the last sentence in Item 7 read “Attire must be
worn so as to not distract from, interfere with, or obstruct the proceedings or other attendees.”
Vote on Motion: 4-1. Voting Aye: Beatty-Hansen, Betcher, Junck, Rollins. Voting Nay: Gartin.
Motion declared carried.
Moved by Rollins for Item 6 to include language that signs may not use profane, obscene, or
slanderous language.
Seconded Beatty-Hansen after a friendly amendment to add “or to engage in personal attacks
against City officials or members of the public” was included.
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON THE 2023/24 PROPOSED ANNUAL ACTION PLAN PROJECTS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAMS:
Housing Coordinator Vanessa Baker-Latimer presented the proposed plan, went over the public
input, and looked at available funds for the plan.
The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak.
Moved by Junck, seconded by Betcher, to adopt RESOLUTION No. 23-453 approving Projects
and Budget and direct staff to submit the Plan for approval by HUD.
Roll Call Vote: 5-0. Motion declared carried unanimously.
CONTINUANCE OF FIRST READING OF THE MINIMUM EXTERIOR PROPERTY
MAINTENANCE ORDINANCE: Fire Chief Rich Higgins and Building Official Sara Van
Meeteren presented the ordinance and the changes that had been made from City Council motions
at the July 18, 2023, meeting of the Ames City Council.
Moved by Rollins to amend Section 30.5 (3) to add "branches which could be broken down and
bundled" directly after "trash disposal container."
Seconded by Beatty-Hansen after Rollins amended the motion to add "yard waste bag, or"
between "trash disposal container" and "branches which could be broken down and bundled."
Vote on Motion: 5-0. Motion declared carried unanimously.
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Moved by Beatty-Hansen, seconded by Junck, that Section 30.5 (11) is struck from the ordinance.
Vote on Motion: 2-3. Voting Aye: Beatty-Hansen, Junck. Voting Nay: Betcher, Gartin, Rollins.
Motion failed.
Moved by Betcher to amend Section 30.5 (22), to indicate “that parking of one travel trailer,
recreational vehicle, boat, boat trailer, or trailer is permitted on any approved parking surface.”
Motion Withdrawn.
Moved by Betcher, seconded by Beatty-Hansen, to change language of Section 30.5 (22) to allow
parking of one travel trailer, recreational vehicle, boat, boat trailer, or trailer on an approved
parking surface on a property.
Vote on Motion: 4-1. Voting Aye: Beatty-Hansen, Betcher, Junck, Rollins. Voting Nay: Gartin.
Motion declared carried.
The Public Hearing was opened by Mayor Haila.
Timothy Stewart, Roosevelt Avenue, Ames, asked that Section 30.5 (11) and (13) be removed
from the ordinance.
Jamie Beyer, 269 U Avenue, Boone, noted that the best wildlife habitats are now located within
urban environments, and letting grass grow longer supports pollinators.
Teresa Albertson, 4612 Westbend Drive, Ames, shared her support for the ordinance, stating her
belief that this ordinance has been needed for a long time.
Brendan Dunphy, Ames, advocated for allowing grass and other native species to grow, noting
that oftentimes a conversation with someone can change their perspective. He shared that the
linchpin to a healthy world is biodiversity.
Dylan Kline, 3329 Canterbury Court, Ames, advocated for lowering the height trees must be
trimmed to above sidewalks to preserve the beauty of the community. He thanked the City Council
for the work that had been done on the ordinance.
Joan Anderson, 305 South Franklin, Ames, asked the City Council to incorporate the intent of the
ordinance in the code so there is an emphasis on education for residents to see. She shared her
hope that the focus would remain on helping people to stay in their homes.
Mayor Haila closed the Public Hearing when no one else came forward to speak.
Moved by Gartin, seconded by Beatty-Hansen, that Section 30.5 (9) be amended to be 8’ of
clearance above the sidewalks in the community in areas not governed by funding or contract
obligation, and 10’ in areas governed by funding or contract obligation.
Vote on Motion: 5-0. Motion declared carried unanimously.
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Moved by Betcher, seconded by Rollins, to approve on first reading the proposed Minimum
Exterior Property Maintenance Code, as amended by the City Council on July 18, 2023, and the
intent of motions made on August 8, 2023.
Roll Call Vote: 4-1. Motion declared carried unanimously.
SECOND PASSAGE OF 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: Moved
by Rollins, seconded by Betcher, to pass on second reading an ordinance 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.
Roll Call Vote: 5-0. Motion declared carried unanimously.
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: Moved by Beatty-Hansen,
seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4507 on Zoning Text
Amendment to Parking Standards for Retail Sales and Services General to two spaces per 1,000
square feet.
Roll Call Vote: 5-0. Motion declared carried unanimously.
THIRD READING AND ADOPTION OF ORDINANCE NO. 4508 AMENDING AMES
MUNICIPAL CODE SECTION 11.4 REGARDING URINATION AND DEFECATION:
Moved by Rollins, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE
NO. 4508 amending Ames Municipal Code Section 11.4 regarding urination and defecation.
Roll Call Vote: 5-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila stated that there were
five items for consideration.
The first item were additional emails compiled after the July 18, 2023 meeting from Ames
residents regarding comments on the Proposed Minimum Exterior Property Maintenance
Ordinance. Mayor Haila clarified these were for information only.
Next, a Dollar Tree Request for a Text Amendment relative to exterior appearance from Nick Feira
was evaluated.
Moved by Betcher, seconded by Beatty-Hansen to not request a memo or place the item on a future
agenda.
Vote on Motion: 5-0. Motion declared carried unanimously.
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Moved by Gartin, seconded by Betcher, that the Mayor respond in a letter that Ames welcomes
their investment and look forward to attempting to work with their staff to find a solution that
meets Ames’s standards.
Vote on Motion: 5-0. Motion declared carried unanimously.
A memo from Damion Pregitzer, City of Ames Traffic Engineer, related to Intersection Control at
Woodland Drive and Westwood Street was next.
Moved by Betcher, seconded by Junck, that City Council direct staff to follow course of action
outlined under next steps.
Vote on Motion: 5-0. Motion declared carried unanimously.
Next, a memo discussing the Withdrawal of Arrasmith Subdivision Waiver Request from Planning
and Housing Director Kelly Diekmann was noted as being for information only.
Mayor Haila stated no further action was necessary from the City Council.
Finally, a memo from Director Diekmann on 102 & 112 North Hyland Rezoning Request was
considered.
Moved by Junck, seconded by Rollins, to place the item on a future agenda for further discussion.
Vote on Motion: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings
attended, upcoming meetings, community events, and items of interest.
ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn the meeting at 9:08 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Grace A. Bandstra, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk’s Office at 515-239-5105.
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)
Public Works 2022/23 Downtown Alley -
5th & 6th Street
2 $103,933.30 Brothers Concrete $4,200.00 $-(3,329.00) T.Peterson KS
Public Works 2022/23 Ames Plan 2040
Water Utility Infrastructure
1 $705,672.00 Thrope Contracting LLC $0.00 $36,040.00 B. Phillips KS
Human
Resources
Legal Services for a Matter
Before PERB
6 $50,412.58 Ahlers, Cooney, Dorweiler,
Haynie, Smith & Allee, PC
$73,811.79 $2,000.00 B. Phillips KS
$ $ $
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: August 2023
For City Council Date: August 8, 2023
Item No. 3
MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA JULY 20, 2023 The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson Kim Linduska at 8:13 AM on JULY 20, 2023. As it was impractical for the Commission members to attend in person, Commission Chairperson Kim Linduska and Commission Membrs Mike Crum and Harold Pike were brought in telephonically. Also in attendance was Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF June 22, 2023: Moved by Pike, seconded by Crum, to approve the Minutes of the June 22, 2023, Regular Service Commission meeting. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Crum, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Police Records Clerk Carla Ruiz 85 Miranda Whitley 70 Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES AND EXHAUST FROM PUBLIC SAFETY DISPATCHER LIST: Moved by Crum, seconded by Pike to remove names and exhaust Public Safety Dispatcher entry-level certified list. Vote on Motion: 3-0. Motion declared carried unanimously.
COMMENTS: The next Regular Meeting and training session will be held in-person on Thursday, August 24, 2023, at 8:15am. ADJOURNMENT: The meeting adjourned at 8:17 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
CLOUD WINE, LLC
NAME OF BUSINESS(DBA)
Lucky Wife Wine Slushies
BUSINESS
(515) 368-0295
ADDRESS OF PREMISES
1930 East
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Iowa
ZIP
50548
MAILING ADDRESS
1586 260th Street
CITY
Humboldt
STATE
Iowa
ZIP
50548
Contact Person
NAME
Dawn Marie Thompson
PHONE
(515) 368-0295
EMAIL
luckywifewineslushies4@gmail.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Special Class C Retail Alcohol
License
TERM
5 Day
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Special Class C Retail Alcohol License
PRIVILEGES
Status of Business
Item No. 5
Page 2 of 2
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Dawn Thompson Humboldt Iowa 50548 owner 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE
Sep 20, 2023
POLICY EXPIRATION DATE
Sep 25, 2023
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
CHRISTIANI'S EVENTS, L.L.C.
NAME OF BUSINESS(DBA)
Christiani's Events
BUSINESS
(515) 360-8069
ADDRESS OF PREMISES
2321 North Loop Drive
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
1150 East Diehl AvenueJordan
Park
CITY
Des Moines
STATE
Iowa
ZIP
50315
Contact Person
NAME
Peter Worsham
PHONE
(515) 360-8069
EMAIL
peter@christianiscatering.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
5 Day
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
PRIVILEGES
Item No. 6
Page 2 of 2
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Carol Christiani Des Moines Iowa 50321 LLC Member 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE
Aug 26, 2023
POLICY EXPIRATION DATE
Aug 31, 2023
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
LALO'S LIQUOR STORE INC
NAME OF BUSINESS(DBA)
LALO'S LIQUOR STORE
BUSINESS
(515) 288-3188
ADDRESS OF PREMISES
809 Wheeler Street
PREMISES SUITE/APT NUMBER
SUITE 105
CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
3816 Ingersoll AvenueNorth of
Grand
CITY
Des Moines
STATE
Iowa
ZIP
50312
Contact Person
NAME
MARIA RUBI
PHONE
(515) 288-3188
EMAIL
maria@communitycpa.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class E Retail Alcohol License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class E Retail Alcohol License
PRIVILEGES
Item No. 7
Page 2 of 2
Status of Business
BUSINESS TYPE
Corporation
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF
OWNERSHIP
U.S.
CITIZEN
Daisy Valderrabano
Cordero
Huxley Iowa 50124 OWNER 100.00 Yes
Insurance Company Information
INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
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 27th, 2023
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for August 22, 2023, includes beer permits and liquor license
renewals for:
DayTime, (127 Dotson Drive), Class C Liquor License
Cyclone Liquors, (626 Lincoln Way), Class E Liquor License
Whiskey River, (132-134 Main Street), Class C Liquor License with Catering
Privilege and Outdoor Service
Wallaby’s Grille, (2733 Stange Road), Class C Liquor License with Outdoor
Service
A review of police records for the past 12 months found no liquor law violations for
DayTime, Cyclone Liquors, and Wallaby’s. The Ames Police Department recommends
the license renewal for these businesses.
Whiskey River had one incident where seven alcohol violations were found in one
evening. There had not been any issues prior to this incident and subsequent checks
found no other violations. We believe this was an isolated incident as their performance
both before and after has been good. The police department will continue to monitor the
above location by conducting regular foot patrols, bar checks, and by educating the bar
staff through training. The Ames Police Department recommends license renewal for
this business.
Item No. 8
ITEM #: 10
DATE: 08-22-23
DEPT: Admin.
COUNCIL ACTION FORM
SUBJECT: ACCEPTANCE OF KHOI FM ARTS CAPITAL GRANT PROJECT
BACKGROUND:
On March 8, 2022, the City Council approved a contract with KHOI FM Community Radio
for the Arts Capital Grant Program. This program is open to individuals, non-profits, or
businesses that propose projects that create, renovate, or improve a space for arts or artists
(e.g., performance space, exhibition space, classrooms, demonstration space, st udio space,
etc.). The contract with KHOI FM, in the amount of $3,314, is to outfit a studio space
as a performance and teaching space at 622 Douglas Avenue.
KHOI FM has purchased all the necessary equipment to complete the scope of the grant
and is now requesting payment and closeout of the grant. The required documentation of
the completed improvements has been received, along with the required
reimbursement request.
ALTERNATIVES:
1. Authorize final payment in the amount of $3,314 to KHOI FM, and approve closeout
of the KHOI FM Art Capital Grant.
2. Refer this item back to staff for further information.
CITY MANAGER’S RECOMMENDED ACTION:
KHOI FM has completed the project described in its Arts Capital Grant, and all required
documentation has been submitted. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1 as described above.
1
ITEM # 11
DEPT: ADMIN
DATE: 08-22-23
COUNCIL ACTION FORM
SUBJECT: COOPERATIVE AGREEMENT BETWEEN AMES HUMAN RELATIONS
COMMISSION AND IOWA CIVIL RIGHTS COMMISSION
BACKGROUND:
The City has regularly contracted with the Iowa Civil Rights Commission (ICRC) to
manage the intake and resolution of civil rights complaints. Under this agreement, ICRC
pays the City an amount for each case it handles. The agreement allows the City to
use these resources to assist complainants with obtaining and filling out complaint
forms and ensuring they are complete and valid.
The agreement also provides for the City to handle the resolution of complaints, including
the investigation and conclusion of the cases. Neither participating in the intake process
nor in the investigation process is mandatory under the cooperative agreement. It simply
provides a procedure if the City wishes to perform either of these functions.
ICRC has presented a new agreement for the fiscal year ending June 30, 2024, and it
has been reviewed and signed by the Ames Human Relations Commission Chair.
ALTERNATIVES:
1. Approve the cooperative agreement between the Ames Human Relations
Commission and Iowa Civil Rights Commission.
2. Do not approve the agreement.
CITY MANAGER’S RECOMMENDED ACTION:
This agreement formalizes the mechanism that may be used by the City to transfer civil
rights complaints to the Iowa Civil Rights Commission for investigation. ICRC will
compensate the City for acting as the intake agent under this agreement. The City and
ICRC have maintained this arrangement for several years. Transferring this time-
consuming investigation responsibility to the ICRC will allow the Ames Human Relations
Commission more time to devote to proactive educational projects in the community.
Therefore, it is the recommendation of the City Manager that the City Co uncil adopt
Alternative No. 1, as described above.
ITEM #: 12
DATE: 08-22-23
DEPT: ADMIN
COUNCIL ACTION FORM
SUBJECT: ENCROACHMENT PERMIT FOR SIGN OUTSIDE BUILDING AT 301
ALEXANDER AVENUE
BACKGROUND:
The tenant in the building at 301 Alexander Avenue, Hayes Properties, LLC, is seeking
approval for a sign outside the building that is 98 inches high and 55 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.
ITEM # ___13____
DATE: 08/22/23
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: SET DATE OF PUBLIC HEARING FOR VACATION OF EXISTING
ELECTRIC UTILITY EASEMENT AT 2214 LINCOLN WAY, LOCATED ON
LOT 23, PARKER’S ADDITION, AMES, IOWA
BACKGROUND:
An electric utility easement was granted in 2022 by the Memorial Lutheran Church at 2214
Lincoln Way for the future installation of a buried electric line across the property. During
installation of the line in June 2023, it was determined by Electric Services engineering staff
that the location of the buried electric line needed to be changed to prevent possible damage
to a retaining wall on the Memorial Lutheran Church property. The change was made and
the buried electric line was installed in an alternative alignment.
A new electric utility easement was obtained from the Memorial Lutheran Church over
the actual location of buried electric line. The electric utility easement obtained in
2022 is no longer valid and should therefore be vacated. The easement to be vacated
and the drawing is attached.
ALTERNATIVES:
1. Set September 12, 2023, as the public hearing date to consider vacation of the
existing electric utility easement at 2214 Lincoln Way, located on Lot 23, Parker’s
Addition, Ames, Iowa.
2. Do not set a date of public hearing to consider vacation of the existing electric utility
easement at 2214 Lincoln Way, located on Lot 23, Parker’s Addition, Ames, Iowa.
3. Refer this item back to City staff for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The electric utility easement at 2214 Lincoln Way serves no useful purpose to the community
since the buried electric facilities are located in a different location. A new electric utility
easement was obtained from the property owner at the proper location. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, to set
September 12, 2023, as the date of public hearing for vacation of the existing electric utility
easement at 2214 Lincoln Way, located on Lot 23, Parker’s Addition, Ames, Iowa.
ITEM#: 14
DATE: 08-22-23
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: RAPID NEEDS PURCHASE FOR UNIT 8 TURBINE REPAIR
BACKGROUND:
On May 11, 2023, Unit 8 turbine experienced a high vibration event causing the unit to
automatically shutdown to prevent the possibility of further damage. Power Plant staff
conducted an in-depth investigation along with an engineer from General Electric (GE) to help
troubleshoot, but was unable to determine the issue for the vibration. Staff and GE
determined it would be best to bring in a turbine specialist company to inspect the turbine,
starting with the bearings. Bladerunner is the company that last performed the
turbine/generator overhaul on Unit 8, and they have also performed an overhaul on Unit 7 as
well as two other turbine/generator related projects in the past.
City staff decided to implement a rapid needs purchase for the repair of the turbine and
Bladerunner was provided a PO. Per the Purchasing Policies & Procedures a “rapid-need
situation” occurs when materials and/or services could not have been predicted and must be
procured in less than the normal allotted time in order to continue a service to the public”.
The original scope was estimated at $42,500. The City’s Purchasing Policies & Procedures
state that "if the cost of purchases related to [an] emergency or rapid need is $50,000 or
more, the using department shall maintain records” of the expenditure. It further states that
the using department “shall report the situation and related expenses to the City Manager for
presentation to the City Council. The report shall be in a format as directed by the City
Manager."
Following the authorization of this "Rapid Needs" purchase by th e City Manager’s
Office, a purchase order was issued to Blade Runner Turbomachinery Services LLC of
Navasota, TX in the amount of $42,500 to open the turbine casing and inspect the unit.
There were three change orders to the purchase order.
CHANGE ORDER NO. 1:
After removing bearings and performing inspections, there still was no evidence to the cause
of the vibration. The other possible sources of the vibration included the shaft seals, loose
turbine blade(s), and/or a diaphragm. All of these parts were located within the turbine casing
which had to be opened in order for another inspection to take place. Once the turbine casing
was opened, damaged sections were found. It appeared that a small piece of metal (called a
“button,” about the size of a dime) broke off one of the front stages of the rotor assembly while
the turbine was operating. The button holds each fan blade in place by connecting the blade’s
tip to several adjacent blade tips. The broken button impacted at least two stages of turbine
blades and one diaphragm (a set of stationary blades that adjusts the steam path between
rotor stages). As a result of this finding, the rotor was loaded onto a truck and transported to
a turbine shop called Power Plant Services (PPS), to be cleaned and tested using non-
destructive evaluation methods to determine if additional damage had taken place.
Change Order No. 1 was to remove the Unit 8 turbine case and rotor, transport the
rotor, and perform inspection in a turbine shop in the amount of $34,600 was
approved through the City Manager’s Office.
CHANGE ORDER NO. 2:
The rotor underwent three separate forms of non-destructive evaluation. The testing indicated
that some of the blade sections impacted by the button needed to be dressed, blended, and
straightened, but not replaced. Some of the shaft seals needed to be replaced.
When blades are installed, they are slid into a keyhole and rotated around the shaft to their
appropriate position, one-by-one. The process of setting the blades in position does not allow
them to be removed without destroying them. The blade with the broken button was located
180 degrees opposite of the keyhole, which meant that 45 blades (half of the blades on this
section) had to be removed and replaced to get to the blade with the broken button.
Replacement blades needed to be custom fabricated, based on detailed measurements of
the profile of the existing blades. After considering three different alternatives to
accomplish the blade manufacturing and assembly, staff approved Change Order No.
2 in the amount of $299,800 to install 45 replacement blades, repair blades in two other
sections, replace the shaft seals, and perform final balance testing.
CHANGE ORDER NO. 3
While removing the 45 blades, a second blade with a detached button was identified. This
second damaged blade is next to the blade that originally had a failed button. It is possible
that when these blades were installed a few years ago, the installation process caused some
blades to weaken. Therefore, PPS was concerned about the integrity of the remaining blades
in the same row. Instead of replacing just half the blades as originally planned, PPS strongly
recommended replacing all the blades in this stage of the turbine. PPS was not concerned
with the blades in other turbine stages because they were made of a softer alloy; these blades
would therefore have been “more forgiving” during the installation process. In addition, the
other stages of the turbine passed all diagnostic testing that was undertaken when the turbine
arrived at the shop. Change Order No. 3 in the amount of $35,000 was issued to replace
the extra blades.
The total of these costs to repair the Unit 8 Turbine was $411,900. The necessary
repairs are now complete, and the Unit 8 turbine has been returned to service. The
repair costs have been paid from both the Electric Production Operations and
Maintenance budget as well as advancing funds from the Capital Improvement Plan
for Unit 8 minor and major turbine overhauls.
ALTERNATIVES:
1. Approve the report of the rapid needs purchase for repairs to the Unit 8 turbine.
2. Refer this item to staff for further information.
CITY MANAGER’S RECOMMENDED ACTION:
To restore reliable electric service to the City’s customers in the quickest manner possible
the use of a rapid needs purchase was required. Repairs have been completed to critical
electric infrastructure through this process and this report to the City Council is fulfilling
the Purchasing requirements of the rapid needs purchase. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1.
1
ITEM # ___15____
DATE: _08-22-23_
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: EMERSON SURESERVICE SOFTWARE SUPPORT CONTRACT FOR
POWER PLANT
BACKGROUND:
This contract is for providing support to the Emerson Ovation control system utilized by
equipment in the Power Plant. This system is the main software driving the Distributed
Control System (DCS). The system is crucial because it controls almost all the equipment
throughout the Power Plant. The support to this system is critical for continued reliability
and maintainability.
Emerson Process Management Power & Water Solutions, Inc. (Emerson) is the Original
Equipment Manufacturer (OEM) of this system. Emerson has proposed a three-year
contract for its SureService software support which includes:
• Expert telephone support for the Ovation system – With thorough knowledge of the
Ovation system and troubleshooting skills, the SureService support will work with
the plant to gather relevant information to correctly identify the problem and diagnose
the situation. They can troubleshoot and determine solutions without interfering with
plant operations. After the problem is isolated, the SureService team will suggest
corrective action to resolve the situation.
• Ovation Guardian Support – Enables the plant staff to view system-specific data
from multiple sources, which can then be analyzed and used to plan future
expenditures and improve decision making.
• Software updates with antivirus program – The plant receives the latest tested and
approved protective software to guard against viruses, cyber-attacks, and other
unwanted intrusions.
These support services offer several benefits, including maintaining efficiency, reducing
the Power Plant’s operating costs, and providing critical control system support.
Emerson is the most practical and cost-effective vendor to provide this needed service.
Staff is requesting that the City Council waive the City’s purchasing policies
requiring formal competitive bids because it is the OEM and award a three-year
contract to Emerson Process Management Power & Water Solutions, Inc., Tinley
Park, IL in the amount of $107,534
2
Emerson proposed a fixed pricing structure for the entire three-year contract period. The
pricing is structured as follows, for a total three-year cost of $107,534:
Year Amount
1 $ 34,448
2 $ 35,826
3 $ 37,260
The City Council is being asked to approve a three -year agreement, rather than a
one-year contract with renewal options. It should be noted that this contract
includes a reduced rate of 5% off list price since the agreement is for three years.
The agreement contains a non-appropriation clause that allows the City to cancel
if funds are not appropriated in future City budgets.
The FY 2023/24 operating budget includes $65,000 for Support Services.
ALTERNATIVES:
1. Waive the City’s purchasing policy requirement for formal bidding procedures and
award a three-year contract to Emerson Process Management Power & Water
Solutions, Inc., Tinley Park, IL, for the Emerson SureService Contract for the
Power Plant in the amount of $107,534.
2. Do not approve the three-year SureService contract and adopt a “pay as you go”
approach for these needed services.
CITY MANAGER'S RECOMMENDED ACTION:
The support to this system is critical for continued reliability and maintainability because
it controls almost all of the equipment throughout the Power Plant . In addition, the award
of a three-year contract provides Ames with the benefit of fixed pricing, additional savings
off of list price, continuity of service, and reduced administrative burden. Therefore, it is
the recommendation of the City Manager that the City Council adopt Alternative No. 1 as
stated above.
1
ITEM: 16
DATE 08-22-23
DEPT Electric
COUNCIL ACTION FORM
SUBJECT: POWER PLANT BOILER MAINTENANCE SERVICES CONTRACT –
CHANGE ORDER NO. 1
BACKGROUND:
This contract consists of a variety of boiler and pressure vessel maintenance, including
structural steel and pressure vessel repair, at the City’s Power Plant. This consists of
emergency service, as well as regularly planned repairs and services during scheduled
outages. The repair of the equipment in the Power Plant requires professional trade
crafts such as boilermakers, laborers, and millwrights.
The Power Plant has traditionally bid boiler maintenance services and held a contract
throughout each year in order to perform regularly planned repairs and services during
scheduled outages as well as have a skilled and certified contractor ready to respond to
any emergency situations.
There remains a large amount of area in both Unit 7 and Unit 8 boilers that contains boiler
tubes original to the boiler installation in 1967 and 1982 respectively. During more recent
testing, staff discovered tubes with thin walls because of erosion occurring from cleaning
equipment or some deposit corrosion occurring on the inside of the tubes.
Near the end of FY 2022/23, staff started a program of performing proactive weld overlay
in these areas to protect boiler tubes rather than reactively dealing with boiler tube
failures. Boilermakers build up the walls of the tube using welding rod, thickening the
tube wall. The intent was to close out FY 2022/23 performing as much overlay as possible
with the remaining budget. However, the planned overlay was not accomplished in
Unit 7 due to a turbine issue on Unit 8. The Unit 8 issue required staff to operate
Unit 7 rather than perform further maintenance on it. This resulted in $170,000 of
the funding under the FY 2022/23 Boiler Maintenance Contract remaining unspent.
On May 9, 2023, City Council approved a contract renewal with TEI Construction
Services, Inc., Duncan, SC in the amount of $345,000 for boiler maintenance in FY
2023/24. The contractor returned in July and proactive welding has continued in
Unit #7 under the FY 2023/24 contract. In the first six weeks of this fiscal year, the
contractor has already expended the $345,000 budgeted for this boiler repair work,
with an estimated $150,000 still needed to complete the project.
2
THIS ACTION:
This request is for a change order to finish the pad welding needed on Units 7 and
8, plus additional authority for unforeseen repairs that may be necessary in the
remainder of the fiscal year. The City will be billed only for work performed on a time
and materials basis.
Staff has determined that $150,000 of additional funding should be sufficient to complete
the necessary pad welding in Units 7 and 8. In addition, staff believes additional funds of
$170,000 should be authorized for smaller maintenance projects and unforeseen issues
that may arise during the remainder of the fiscal year. Authorizing these funds in advance
of unforeseen issues arising minimizes downtime and disruption to the Power Plant and
Resource Recovery utilities, since staff can direct the contractor to immediately perform
the work rather than waiting for Council approval for a change order when an outage
occurs.
Change Order #1 would add $320,000 to the original $345,000 contract for FY
2023/24 (inclusive of sales tax), bringing the total contract amount to $665,000.
Funding for Change Order No. 1 will come from a carryover of $170,000 from work
that was not able to be performed under the FY 2 022/23 contract. The remaining
$150,000 will be financed from the Unit 7 and Unit 8 Boiler Maintenance accounts
where there is $150,000 to perform equipment repairs.
ALTERNATIVES:
1. Approve Change Order No. 1 to TEI Construction Services, Inc., of Duncan, SC,
in the amount of $320,000.
2. Do not approve the change order and delay needed additional maintenance until
the next fiscal year.
CITY MANAGER’S RECOMMENDED ACTION:
It is important to have a highly skilled company to perform maintenance services on the
City’s power plant boilers. These boilers operate at high temperatures and under high
pressures. These additional funds are necessary to ensure the reliability of both Unit 7
and Unit 8 boiler. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative #1 as stated above.
ITEM #: 17
DATE: 08/22/23
DEPT: PW
COUNCIL ACTION FORM
SUBJECT: EAST 13TH STREET SANITARY SEWER EXTENSION
BACKGROUND:
The Ames Plan 2040 Sanitary Sewer Utility Infrastructure program provides installation
of public sanitary sewer infrastructure into the priority growth tiers shown in Ames Plan
2040. Installing the sanitary sewer systems proactively opens the ability to develop land
in the adopted growth tiers.
This East 13th Street Sanitary Extension project is part of the Ames Plan 2040
Sanitary Sewer Utility Infrastructure program. It consists of the installation of a new
18-inch diameter sanitary sewer that extends through the I-35 Interchange along East
13th Street to 570th Street, a distance of 7,000 feet (see attached map). This extension
will serve the planned future commercial and industrial development and serve potential
future residential growth in the northeastern part of the City. The project will be funded
entirely by the federal American Rescue Plan Act of 2021 (ARPA).
WHKS has completed plans and specifications for this project and has worked with City
staff to establish the construction cost estimate. Revenue and expenses associated with
this project are estimated as follows:
Funding Expenses
Ames Plan 2040 Sanitary Sewer Utility Infrastructure
ARPA Funding
$ 2,881,981
Construction (Estimate) $ 2,833,234.50
Engineering/Administration 48,000.00
Total $ 2,881,981 $ 2,881,234.50
ALTERNATIVES:
1. Approve the plans and specifications for the East 13th Street Sanitary Sewer
Extension and establish September 20, 2023, as the date of letting and September
26, 2023 as the date for report of bids.
2. Direct staff to revise the project.
CITY MANAGER’S RECOMMENDED ACTION:
This project advances the City of Ames commitment to promote its residential,
commercial, and industrial growth in the east and northeastern part of the City as reflected
in the Ames Plan 2040 by providing the proper public infrastructure. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1,
as noted above.
ITEM#: 18
DATE: 08-22-23
DEPT: W&PC
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS AND
NOTICE TO BIDDERS FOR THE WATER TREATMENT PLANT,
SOUTHEAST WELLFIELD, AND TECHNICAL SERVICES COMPLEX
SECURITY FENCE IMPROVEMENTS
BACKGROUND:
In 2020, an update to the Water Treatment Plant’s vulnerability assessment was
completed. This assessment identified physical security improvements to be made at the
Water Treatment Plant and Southeast Wellfield. These increased security measures
include installing security fencing at both locations and bollards at the Water Treatment
Plant to protect critical infrastructure. Along with this work, permanent fencing and a
security gate at the Technical Services Complex will be installed following the completion
of the old Water Treatment Plant demolition.
This project supports the Water and Pollution Control Department’s goal to constantly
evaluate and improve its physical security measures at the Water Treatment Plant and
all remote sites. This project was initially three separate projects, but staff has determined
combining them into one larger project will likely decrease overall project cost and time.
Authorized
Budget
Project
Expenses
Physical and Cyber Security
Improvements Project
$ 212,925
Engineer’s Estimate – (this
project)
$185,000
Temporary Fencing $ 1,900
Totals $ 212,925 $186,900
ALTERNATIVES:
1. Approve the plans and specifications and issue a Notice to Bidders for the Water
Treatment Plant, Southeast Wellfield, and Technical Services Complex Security
Fence Improvements, establishing September 14th, 2023, as bid due date and
September 26th, 2023, as the date of public hearing and award of contract.
2. Do not approve the plans and specifications, and direct staff to pursue changes to
the project.
CITY MANAGER’S RECOMMENDED ACTION:
An update to the Water Treatment Plant’s vulnerability assessment identified physical
security improvements to be made with increased fencing at two locations. Additionally,
fencing will be added at the Technical Services Co mplex following completion of the old
Water Treatment Plant demolition. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
1
ITEM#: 19
DATE: 08-22-23
DEPT: Transit
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR CYRIDE RECONDITIONED ENGINE
REPLACEMENTS
BACKGROUND:
CyRide purchased fifteen 40’ heavy-duty buses equipped with Cummins ISL engines in
2010. These vehicles are now thirteen years old, with an average mileage of over
340,000. Due to cylinder wear, some of these engines are exhibiting excessive crankcase
pressure. The engines in units 126, 127, and 128 are experiencing the most severe
issues, leading to them being removed from regular daily service. After evaluating repair
options, maintenance personnel have determined that these engines need to be replaced
and that purchasing reconditioned engines will provide the best value for CyRide.
Reconditioned engines are remanufactured by the original equipment manufacturer,
providing a like-new engine with a two-year warranty. CyRide’s mechanics will provide
the labor to install the reconditioned engines.
On July 26, 2023, CyRide, in coordination with the Purchasing Department, issued a
request for quotation (RFQ) No. 2024-025. Bids were due on August 3, 2023. The RFQ
required respondents to provide the cost of the base engine, shipping, and “core costs.”
The core costs will be returned to CyRide when the used engine is returned to the
successful bidder. CyRide received three bids in response to the RFQ. After evaluating
responses, MHC Kenworth of Des Moines, Iowa, was identified as the lowest bidder. The
bids are summarized in the table below, and the AmesBids sheet is attached.
Bidder Reconditioned
Engine Cost
Engine Core
Cost
Shipping
Cost
Total Bid
Cost
MHC Kenworth $100,515.36 $15,685.11 $0.00 $116,200.47
Trivista
Companies Inc. $101,771.67 $17,550.00 $0.00 $119,321.67
Housby Online
Sales, LLC $112,116.39 $10,500.00 $2,100.00 $124,716.39
2
CyRide currently budgets eight engine replacements per year in the parts budget. Staff
has evaluated the parts budget and determined that purchasing three reconditioned
engines will not exceed the budgeted amount.
Award of the contract to MHC Kenworth was approved by the Transit Board at their
August 17, 2023, meeting.
ALTERNATIVES:
1. Approve award of contract for the purchase of three reconditioned engines to MHC
Kenworth of Des Moines, Iowa, for a total cost of $116,200.47.
2. Reject all bids and direct staff to proceed according to City Council priorities.
CITY MANAGER’S RECOMMENDED ACTION:
Award of this contract will enable CyRide to make needed repairs to the three buses
mentioned above and return them to regular in-service usage. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
Event Number 2024-025 Organization City of Ames Purchasing
Event Title Reconditioned Bus Engines Workgroup Purchasing
Event Description Ames Transit Agency, dba: CyRide, is accepti Event Owner Quinn Eggink
Event Type RFQ Email quinn.eggink@cityofames.org
Issue Date 7/26/2023 03:54:49 PM (CT)Phone (515) 239-5128
Close Date 8/3/2023 02:00:00 PM (CT)Fax
Responding Supplier City State Response Submitted Lines Responded Response Total
MHC Kenworth Des Moines IA 7/27/2023 09:19:39 AM (CT)9 $116,200.47
Trivista Companies Inc.ALTOONA IA 8/1/2023 01:07:10 PM (CT)9 $119,321.67
Housby Online Sales, LLC Des Moines IA 8/3/2023 10:45:52 AM (CT)9 $124,716.39
2024-025 - Page 1
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ITEM #: 20
DATE: 08-22-23
DEPT: Admin
COUNCIL ACTION FORM
SUBJECT: STREET CLOSURE FOR 2023 BIG 12 CONFERENCE CROSS
COUNTRY CHAMPIONSHIPS
BACKGROUND:
On Saturday, October 28, ISU will host the 2023 Big 12 Conference Cross Country
Championships. The event will take place at the Iowa State Cross Country Course located
along Mortensen Road between Hayward Avenue and State Avenue.
The Iowa State Athletic Department is requesting the closure of Hayward Avenue
between Mortensen Road and Storm Street between 7:00 a.m. and 4:00 p.m. on the day
of the event. This closure is necessary to provide team vehicle parking and bus drop off
and pick up. City barricades are requested, which will be staffed by Iowa State personnel.
There are two houses located along the west side of Hayward on this block. However,
ISU staff will not close the street farther north than the Knapp-Storms Dining Complex
driveway, which should allow access to these houses from the north, and allow ISU Dining
employees access to the Knapp-Storms facility.
CyRide staff has reviewed this request and can re-route buses around this closure.
ALTERNATIVES:
1. Approve the closure of Hayward Avenue between Mortensen Road and Storm
Street from 7:00 a.m. to 4:00 p.m. on October 28 as requested.
2. Do not approve the closure.
CITY MANAGER’S RECOMMENDED ACTION:
This requested road closure will allow for safe loading and unloading of team buses for
the Cross County Championship event. Iowa State has agreed to provide sufficient
personnel to staff the barricades for the duration of the event. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
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1
ITEM #: 21
DATE: 08-22-23
DEPT: P&H
Staff Report
DOWNTOWN STAKEHOLDER DEVELOPMENT AND REDEVELOPMENT
OUTREACH
August 22, 2023
BACKGROUND:
City Council discussed an initial referral request from Ames Economic Development
(AEDC) staff regarding tax abatement incentives in November of 2022 and provided
direction to staff on proposed options and public outreach. In response to this initial
direction, staff provided a staff report in January of 2023 summarizing the public input
from an online survey and in person meetings. The report also presented options on how
to proceed with changes related to property tax abatement.
City Council tabled the January report and later in May 2023 directed staff to conduct
additional public outreach targeted to Downtown business and property owners. In
combination with Downtown Ames and AEDC staff . Two public outreach meetings were
held in June 2023 concerning broader development and redevelopment issues for
Downtown, approximately 20 total business and/or property owners attended. This report
addresses the original City Council referral and includes the new June 2023 Downtown
stakeholder input. All public input is included as attachments to this report. Additionally,
Attachment G includes preferred initiatives identified by the Ames Chamber to respond
to comments.
NOVEMBER 2022 - ORIGINAL REFERRAL:
On August 12, 2022, City Council received a request from Dylan Kline of the Ames
Economic Development Commission (AEDC) to consider two changes to the current
Downtown URA (Attachment A). One requested change was to allow for a partial property
tax abatement schedule of 3, 5, or 10 years compared to the current 3 -year allowance.
The second request was to allow for additional projects to qualify for abatement by
changing the eligibility criteria. The letter describes an interest in supporting investment
Downtown regardless of whether front façades of a building are part of the improvements
to a building.
The City Council has a number of programs and policies in place for development and
redevelopment Downtown. The two most significant are the Façade Program matching
grants and an Urban Revitalization Area (URA) for the Downtown area with tax abatement
on new improvements. This URA was established in 2001 to promote façade
rehabilitation for the buildings in this district. Financial assistance and tax incentives are
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available for rehabilitation projects that meet specific criteria related to building facades
and uses (Attachment B). The tax abatement program is designed to complement the
current Downtown Façade Program with its design guidelines for exterior improvements.
Improving the visual image and building quality of Downtown through exterior renovations
is the primary goal of the programs.
In response to Mr. Kline’s request, a staff report was presented to Council on November
8, 2022. The initial report described the history of the program and presented four options
for changes to the incentive policies regarding downto wn.
City Council discussed the priorities of the programs and different concepts related to the
November options. The discussion focused on whether incentives would inadvertently
promote demolition of historic building s, what are the priorities for investment downtown
in physical improvements, and what are priorities for specific uses that warrant changes
to the current incentive programs. City Council approved two motions in November
2022 directing staff and to complete public outreach on these options:
1. Motion 1: To amend the program to offer abatement for schedules of 3, 5, and 10
years, 3-yr 100% and 5-yr and 10-yr as sliding scales.
2. Motion 2:
a. To have staff explore Option Three (Allow for abatement for pre-existing
Compliant Historic Façade in addition to a newly Improved Historic Façade)
with the definition of a compliant historic façade and the addition of not
allowing projects that involve demolition; and
b. To do outreach on Option Four (Allow for abatement regardless of façade
status and tied to targeted uses) to gauge the interest of downtown
stakeholders in identifying targeted options.
Per City Council’s direction, staff prepared an online survey available to the public and
downtown stakeholders. A stakeholder meeting was held on January 18th. Staff provided
written notice to property owners of the meeting and the online survey. Staff also posted
a link to the survey through City social media accounts. Attachment C includes a
comparison of community member with downtown stakeholder responses. Attachment D
consists of written response to an opened question about Downtown priorities.
Online Survey
An online survey included a short introduction explaining the current priorities for incentive
improvements downtown. One hundred forty-eight (148) responses were received by
Friday, the 20th. The following is a summary of the survey and responses.
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Question 1: Please help us to identify you by checking all that apply:
- 13 Downtown Business Owners
- 5 Downtown Property Owners
- 21 Downtown Residents
- 18 Downtown Employees
- 111 Community Members
Question 2: Should URA incentives be given for rehabilitations/renovations that do not
involve exterior improvements to a building. Please check all that apply.
- 63 responses (41%): Yes – We should broadly support all improvements and uses
- 42 responses (27%): Yes – But only for specific priority uses
- 28 responses (18%): Yes – For any use if the building already has an updated
façade or storefront
- 15 responses (9%): No – Improving the appearance of the buildings is very
important (current program)
Question 3: If we allow incentives without exterior improvements, what uses should be a
priority? For each of these, please rank from 1 to 3:
- 1 being the greatest priority
- 2 being neutral
- 3 being the least priority
Each project type can be ranked 1, 2, or 3.
Top Priority Neutral Least Priority
Restaurants 86 (62%) 39 13
Clubs/Bars 21 49 50
Entertainment* 76 (58%) 41 14
Office** 16 36 65
Personal Service*** 21 64 33
Retail/Boutiques 67 (51%) 40 24
Residential (upper floors) 41 42 41
- *Entertainment includes uses such as brewery/distillery, dinner
theater/performance venue, and gaming venue.
- **Office includes professional office, co-work or co-op office, and financial
services.
- ***Personal services include dry cleaners, beauty parlors, etc. These uses are not
found under office.
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Question 4: Do you believe that tax abatement incentives should be given for projects
that involve demolition of an existing historic building for redevelopment of a site?
- 92 Responses (60%): No - Incentives should only apply to rehabilitation projects
and not demolition
- 42 Responses (27%): Yes - If the redevelopment meets the City's design
guidelines and has a priority use
- 19 Responses (13%): Yes - Redevelopment of all types enhances Downtown
Question 5: What are your priorities for private investment in Downtown Ames?
(A sampling of representative answers, all responses included in Attachment D:)
- More restaurants will foster even more restaurants. Ames needs much better food
options!
- Maintaining historical integrity while enhancing the vibrancy of downtown.
- Locally owned shops & boutiques. I like to spend my money locally and on Main
St.
- Ames should have a dedicated live music venue downtown, a place with a
dedicated stage and sound system that hosts live music several times a week.
Restaurants and dining were the most common comments.
Outreach Meetings January 2023
Staff held two stakeholder meetings, one in the morning and one in the afternoon, on
January 18, 2023 in a meeting room at the Library.
Morning:
The three attendees were interested in:
- Seeing incentives given for redevelopment not tied to obtaining a façade grant.
- Seeing tax incentives given for more residences, restaurants, and entertainment
uses (excluding bars).
- Seeing buildings preserved (generally).
Afternoon:
The seven attendees, mostly business owners and property owners, were interested in:
- Seeing incentives given for redevelopment not tied to obtaining a façade grant.
- Seeing incentives given for all uses.
- Seeing incentives given even if a building was demolished.
The afternoon attendees were also very interested in seeing public funds, outside of tax
abatement, given for maintenance of older, private structures. The maintenance
discussed included stabilization of masonry walls, replacement of plumbing, and
replacement of electrical systems. Staff explained that the current discussion regarding
the URA does not relate to creating a new business support grant program. Attendees
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expressed significant interest in having additional conversations about creating such a
program.
Historic Resources
City Council asked staff to provide information for a definition of what would be considered
a historic building where its demolition would make the project ineligible for tax incentives.
The Ames Main Street Historic District was added to the National Register of Historic
Places in 2018. The District is a subset of area within the Downtown URA (see
Attachments B and E). In the Main Street Historic District, many of the buildings were
constructed in the 19th century. Starting in the early part of the 20th century, the original
Victorian façades of the buildings were replaced with simple, unadorned, utilitarian
façades that are still seen today. New buildings were also constructed in the same
architectural style. The period of significance for identifying contributing resources is from
1891 to 1967. The contributing properties are included within the map shown as
Attachment E This means for part of the Downtown URA eligibility criteria, Council
could specify contributing resources to the District that are demolished are
ineligible to take advantage of a tax abatement incentive for redevelopment.
A broader option would be to apply criteria related to whether a building has a “compliant
historic façade” as described by the Downtown Façade Grant program. This option would
apply to all properties in the URA and focus on essentially buildings with a “Main Street
style storefront” at street level. These guidelines were originally based upon the style of
buildings from the period of significance related to the Main Street Historic District. This
approach would not include more modern architectural examples that do not meet
the historic façade guidelines and apply through the URA area, not just the Historic
District.
City Council could also establish an initial year built as the threshold without regard for
whether it is a contributing resource to the Historic District or whether it currently has a
compliant historic façade. If this option was selected City Council could focus on
structures from the earlier timeframe of period of significance. This would then apply
throughout the URA, not just within the historic district.
Although the Historic District does not include all the URA area, staff believes that the
simplest way to identify a historic resource is to use the map of contributing resources to
the Historic District. While not all these façades are compliant with the adopted design
guidelines, this method of stating which structures are historic involves no subjectivity and
will be the simplest to administer.
JUNE 2023 STAKEHOLDER INPUT:
As requested by City Council in May 2023, two public meetings with Downtown
stakeholders at the Ames Chamber of Commerce building were held on June 12 and
13th. Notice was provided directly by City staff via mail and by Ames Chamber staff. A
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total of twenty people attended both meetings representing building owners,
business owners, and developers. The meetings were opened-ended and were
intended to take any feedback related to development or redevelopment issues. Staff did
not ask any specific questions, though prompts were given, and staff did facilitate the
discussion. The comments were mostly interests expressed by individuals. Reaching a
consensus or prioritizing any specific issue was not part of the outreach meetings.
Although the meetings did not have high attendance, there was a wide array of individual
comments made. Ames Chamber staff have provided a bulleted list of the comments
is included as Attachment F.
After review of the individual comments, staff believes that the following categories are a
useful grouping of the comments in order to review specific issues.
- Downtown Uses/Business Types
- Downtown Façade Grant Program
- Tax Abatement Incentive
- Permitting (Zoning, Building, Fire, ADA, etc.)
- Other or New Incentive Programs
- General Downtown Planning
The following is a summary of each topic, including current context, summary of
stakeholder comments, and staff comments regarding the input and issue.
Downtown Uses/Business Types
Current Conditions:
Current Downtown zoning allows for all types of commercial uses and residential units in
the rear of buildings or on upper floors (residential units at the front of buildings in DSC
are not permitted). On-site parking requirements for smaller apartments were recently
eliminated for buildings with 18 units or fewer for units with two bedrooms or fewer.
Stakeholder Summary
The attendees:
- Support adding residential units in Downtown,
- Want to see smaller ground floor retail spaces, and
- Want more entertainment and restaurant uses.
Staff Comments:
Current zoning does not appear to constrain the types of uses desired for Downtown. The
current Downtown zoning district, Downtown Service Center (DSC) allows for residential
units. The on-site parking requirement was modified several years ago so that buildings
with 18 units or fewer do not need on -site parking if those units have two bedrooms or
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fewer. Some of the comments were directed at leasing activities of landlords that are not
within City control.
Other potential constraints related to uses are discussed below in regards to incentives
and permitting.
Downtown Façade Grants:
Current Conditions:
- The program is for street-facing façades and is a 50/50 matching grant. The
proposed design must comply with the adopted guidelines, which are centered on
historic commercial designs (recessed entries, transom windows, plate glass
windows above kickplates, etc.).
- The program was recently modified to allow for buildings that are contributing
resources to the National Register Historic District to be able to rehabilitate
features rather than replace them. Windows original to the façade, including prism
glass transoms, are now eligible to receive funding.
- The annual funding for the program was increased this fiscal year from $50,000 to
$75,000.
- The amount of an individual matching grant was also increased from $15,000 to
$25,000.
Stakeholder Summary
The attendees:
- Feel that the grant amount should be increased,
- Do not like the design requirements, which are based on the period of significance
for Downtown, want to pursue individual styles or modern materials.
- Feel that the eligibility rules are too restrictive related to improving the facade.
There is a desire to see money given for maintenance instead.
Staff Comments:
The Downtown Façade Grant was designed to improve facades where alterations had
been made over the decades such as filling in windows or installing façades in a later
architectural style. The historic architecture of Downtown is one defining element of its
character and appeal to the community and the program supports its character.
A total of 56 grants have been awarded with 52 implemented. A number of those awards
included multiple façades, such as corner buildings or projects where the adjacent
buildings were constructed separately. Staff believes the meeting attendees were
unaware of City Council’s recent increases in total and individual grant funding.
Specific dollar amounts were not discussed at the meetings.
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Two Façade Grant themes emerged at the two meetings: 1) that the façade maintenance
or replacement of existing features in-kind should be eligible whether or not a project is
removing non-compliant features and 2) some individuals has an interest to change the
design guidelines to support different aesthetic treatments rather than the historic façade
design guidelines.
Adjusting in response to these themes would result in a significant change to the
current program goals and how the program is structured.
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Tax Abatement Incentives:
Current Conditions:
The current program allows abatement for 3 years and 100% abatement of new value,
the base value is retained. Assessed value must increase by a minimum of 5%. To be
eligible for tax abatement Downtown, the current program requires a building to make
exterior improvements consistent with the Downtown Façade design guidelines. Eligible
uses are restricted to retail, restaurant, entertainment, or existing uses. New Office or
residential uses are not eligible.
As part of the November direction, City Council has directed staff to modify the abatement
schedule to the 3-yr, 5-yr, 10-yr options used for other URAs within the City.
Stakeholder Summary
The attendees:
- Desire to expand options for more abatement , thereby creating an incentive for
more investment,
- Do not want abatement eligibility tied only to receiving a façade grant , and
- Want to include rehabilitation and remodeling of the interior of buildings or adding
fire sprinklers as improvements eligible for abatement.
Staff Comments:
In January 2023, the City Council discussed two options about expanding eligibility for
specific uses and whether to continue to require eligibility in relation to buildings having
an historic façade. Final direction is still needed from Council. New eligibility criteria can
be crafted to address specific uses and/or required design features.
It should be noted that interior work, remodeling, maintenance, fire sprinklers may not
result in an increase in value and this program may not be financial incentive. Typically,
improving new space or investing in a change of use creates additional value that benefits
from tax abatement for the increased value. The base value and its property taxes are
not abated.
Permitting:
Current Conditions:
- Most of Downtown has DSC zoning, which allows for a wide range of uses.
- New construction or additions must:
o Be at least two stories.
o Have a floor-area-ratio (FAR) of 1.00 (meaning that the square footage of
the building must equal or exceed the square footage of the lot)
- Nonconforming 1-story buildings have options for rehabilitation/remodeling, but
additions without full compliance to standards are not permitted
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- There are no zoning standards for materials or design features in DSC, unlike in
Campustown that have window, brick, and other standards
- Building, Fire, and ADA codes apply to all buildings.
o The State of Iowa requires all jurisdictions to adopt some form of building
and trade codes. In the case of the Energy, Plumbing, Mechanical and
Electrical Codes, the State requires jurisdictions to adopt the same Code as
the State and does not allow for amendments that would make the Code
less restrictive. The State does not require specific versions of the Fire or
Building Codes to be adopted so long as the adopted Codes are no less
restrictive than those adopted by the State. The City of Ames has historicall y
followed the same Code cycle as the State because it provides consistency
for customers that work in multiple jurisdictions. The City uses the 2015
codes.
o Chapter 11 of the International Building Code (adopted as the State Building
Code with amendments) regulates accessibility by determining which areas
of construction should be made accessible. The same chapter references
the ICC A117.1, a publication by the International Code Council that sets a
standard for accessibility for specific portions or eleme nts of a structure.
This is a nationally recognized standard that aligns very closely with the
ADA and Fair Housing Standards of which the Federal Government is
responsible for administering, the City does not directly administer these
standards.
o Building permits can be issued as new construction under the International
Building Code (2015) OR permits issued under the Existing Building Code.
Existing Building Code is a project-by-project assessment by a licensed
architect to determine how best to meet code requirements for proposed
changes while considering existing conditions.
o The Building Official can consider project-based code modifications or a
decision on standards or permits can be appeal to the City’s Building Code
Board of Appeals.
Stakeholder Summary
The attendees:
- Like the historic charm of Downtown but would also like flexibility for the design for
their buildings,
- Would like to see different thresholds or triggers for making improvements when
remodeling buildings that require other upgrades,
- Feel that Building and Fire codes are the most common impediments to
redeveloping buildings – specific issues mentioned at the meetings included
egress windows, stair design (old buildings have staircases with noncompliant
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rises and runs), the installation of fire sprinklers, and accessibility requirements of
the Americans with Disabilities Act (ADA),
- Find the installation of fire sprinklers burdensome and question need,
- Perceive that Inspections staff is inconsistent and do not apply the codes uniformly,
- Are frustrated when a code compliance issue is identified at the end of the process
rather than the beginning,
- Are concerned about the length of time that it takes to final a permit, which causes
delays and increases costs,
- Would like more flexibility and feel that each project is unique and would like to see
a process for waivers and exceptions to address unique issues,
- Would like to see Zoning and Building code flexibility in the Downtown (perhaps a
special process for exceptions within DSC),
- Feel that installing a grease trap and ventilation systems for kitchens is very
expensive for small uses,
- Would like to see more a more customer supportive attitude about getting permi ts
issued and completed,
Staff Comments:
The remodeling of existing buildings is more complicated than most new construction and
bringing old buildings up to current standards can be challenging. For the most part, old
buildings are allowed to remain in their pre-existing condition. Remodeling or changing
uses can trigger conformance with contemporary standards.
Most of the Building, Fire, and ADA requirements are not local or discretionary , the City
cannot be less restrictive than minimum established by the State . This is in contrast to
Zoning ordinance, which is almost completely discretionary. Simultaneously balancing
the need for consistency and the desire for flexibility is challenging. Staff senses from the
comments that there is a gap in understanding expectations for plans, permits, and final
inspections between contractors and property owners on one side and City staff on the
other side.
The Council can choose to change almost any zoning standard. Recently, Council
considered the minimum floor-area-ratio in DSC and choose to retain it. A means for
administrative relief or exceptions could be added to the Zoning Ordinance. The City also
has flexibility in setting the requirements for its Urban Renewal Areas. If the Council
chooses to amend the Downtown Façade Grant Program and URA, it may be appropriate
to add material and window requirements to DSC to ensure the aesthetic of Main Street
is preserved.
Inspections does have some relief in the form of code modifications for individual projects.
Many of the requirements in the building codes are performance based and are not
prescriptive. For instance, a fire safety requirement might be met by installing sprinklers
or by installing fire separation along paths of egress. An architect would assess the code
issue and propose how to comply with the code.
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The Building and Fire Code are the same as used in cities throughout Iowa with historic
downtown buildings, such as Cedar Falls, Dubuque, etc.
It may be beneficial to gain a greater understanding of the design options available and
to have an educational session with designers, owners, and architects. City staff can also
address specific zoning or building standards and options that are identified by City
Council as a follow up to this report.
Other or New Incentive Programs:
Current Conditions:
Currently, property owners can individually seek out and apply for state and federal
incentives through historic tax credits and through the Iowa Economic Development
Agency (IEDA) Main Street program grants. Some individual business owners have taken
advantage of these programs.
Stakeholder Summary.
The attendees:
- Would like to have financial support for internal and external maintenance through
City grants or loans,
- Would like to have public resources that would support changes in building use,
such as for sprinklers, grease traps, and ventilation and hoods for restaurants,
- Would like financial support for reinvestment in and maintenance of old buildings
to forestall the structures becoming unstable.
Staff Comments:
These ideas are considered separately from the Downtown Façade Grant Program as
they are outside of its current scope. These suggestions could be part of a separate
program or incorporated into a revised Downtown Façade Grant Program. In many
instances, the investment pertains to the interior of the structure and not to the façade.
Providing City funding for building maintenance will prove challenging because it would
require creating a definition about what types of maintenance is appropriate as sustaini ng
a historic buildings integrity and sustainability versus regular property owner maintenance
obligations.
Funding has not been identified for these program suggestions. If additional City funds
are used for incentives, the Council will have to decide how much, from what source this
money will come, and to which areas of the city will these incentives be offered (for
example Campustown) these incentives. In addition, the City Council could consider
whether a SSMID (Self-Sustaining Municipal Improvement District – which would need
the approval of the property owners within a new district) should be expected as a match
for the City funding?
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Downtown Planning:
Current Conditions:
- Ames Plan 2040 was adopted in December of 2021. Priorities for redevelopment
and investment were identified for Downtown and surrounding areas. Goals
include maintaining the historic Downtown appearance while allowing for infill and
intensification.
- The Lincoln Way Corridor Plan and the Downtown Gateway Focus Area serve to
support Main Street and the rest of Downtown.
- Other redirection and redevelopment areas nearby are:
o Northwestern and 6th Street
o South of Lincoln Way from 2nd to 4th Streets
o The new indoor aquatics center with a Lincoln Corridor Focus Area
designation for the area
- There are long-term goals to evaluate the Power Plant and the Resource Recovery
Center to the east of Downtown, but they are planned to remain beyond the
foreseeable future. These are part of the larger conversation within the Climate
Action Plan.
- Steven L Schainker Plaza is part of the City’s efforts to invest in a Downtown
gathering space and to create a year-round attraction.
- The City has invested in redoing the pavers and streetscapes Downtown. These
capitol improvements occurred over the past 20 years.
Stakeholder Summary.
The attendees:
- Would like to see Downtown maintained as an attractive destination for the
community,
- Expand planning for areas adjacent to Downtown,
- Support commercial entertainment and retail uses as a priority,
- Feel that significant historic buildings should be kept,
- Want to see the creation of “centers of gravity” in the Downtown. Some ideas that
were expressed included:
o Closing City streets for pedestrian malls permanently or on an as -needed
basis
o Creating more outdoor gathering space for dining
o Creating space for hosting Downtown festivals
Staff Comments:
Overall City Policy for development and investment is defined in Ames Plan 2040. Once
the Steven L Schainker Plaza is completed, additional opportunities for outdoor space
and activities should be reviewed. Tom Evans Plaza and connections to The Linc
development will likely be a priority over the next several years.
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Compiling a summary of City policies and plans for the Downtown and the surrounding
area would help with clarity on planning for future investments and marketing of the area.
Individual planning efforts and projects are subject to the annual work plan prioritization
by City Council.
STAFF COMMENTS:
To address the original referral regarding property tax abatement incentives, staff
believes the public input generally supports creating a second pathway for gaining tax
abatement in Downtown. The survey results from January indicated community and
downtown stakeholder support and for specific types of uses downtown. Staff believes
that a pathway related to new improvements for properties that
renovate/rehabilitate existing buildings into priority uses would be beneficial. Staff
proposes that the priorities be limited to restaurants, entertainment, retail, and
residential when the building has an historic façade or would be improve d
consistent with the Façade guidelines. This would exclude office use and personal
services from eligibility. While supported by Staff, the City Council still needs to
provide direction on whether to change the criteria related exterior improvements
to then be included with amendments related to the 3-yr, 5-yr, 10-yr schedule
changes.
Although public input was split regarding incentives where demolition would
occur, staff supports making ineligible those projects that demolish any building
listed as a contributing resource to the National Register of Historic Places
Downtown Ames District. This policy would be consistent with the general character of
Main Street and policies of Ames Plan 2040 for considering community character and
context balanced with infill interests.
The additional issues and comments identified through stakeholder engagement require
consideration by City Council and for Council to identify any specific priorities for direction
to staff. City Chamber staff identified multiple initiatives within Attachment G to address
comments of stakeholders. Staff believes the most immediate need is to address the
questions and issues related to building, fire, and ADA related codes. Working
through examples with building owners, contractors, and design professionals
could be beneficial for existing buildings.
There were a number of comments regarding changes to the façade program or
use of City grants for maintenance. To address these issues, staff would need to
have some definition from Council on the scope and intent of changes and what
type of funding may be attached to any program changes. Staff would then develop
options to make changes and return for City Council review and authorization.
Additional public input would also be necessary for any substantial program
changes.
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Attachment A
Request to Council
16
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Attachment B
Current Eligibility Criteria for Downtown URA
The current criteria for eligibility the Downtown URA are as follows:
1. Properties must be located within the designated Downtown Urban
Revitalization Area.
2. Façade Improvements and the scope of work must follow the current
Downtown Design Guidelines as approved by City Council. If additional interior
or exterior improvements are part of the same project, the entire project is
eligible for tax abatement, as long as the project includes façade improvements
whose scope and design follow the Guidelines.
Note that the eligibility is based on improvements complying with the Façade
Design Guidelines, not that a project was in fact awarded a façade grant.
3. If the first floor is vacant before the façade improvements are made, then the
front half of the first floor is required to have a retail use after the improvements
are completed. If the first floor has a permitted use before the façade
improvements are made, then it is eligible. No residential structures are eligible.
4. Improvements must be made to the property increasing its actual value by 5%
or more. The property is eligible to receive abatement of 100% of this added
value for each of three (3) years.
5. The improvements must be maintained for three (3) years.
18
19
Attachment C
Comparison of Community Response to Downtown Stakeholders
Question 1 on the public, online survey asked:
Please help us to identify you by checking all that apply:
- Downtown Business Owner
- Downtown Property Owner
- Downtown Resident
- Downtown Employee
- Community Member Not Included Above
The following breaks out the responses by those that checked ‘Community’ and those
that checked one of the ‘Downtown’ options. Please note that several responses checked
both one of the ‘Downtown’ options and ‘Community’. These results are thus counted
twice in the numbers below.
Question 2: Should URA incentives be given for rehabilitations/renovations that do not
involve exterior improvements to a building. Please check all that apply.
Community Total 111 Downtown Total 42
No – Improving the
appearance of the buildings is
very important (current
program)
11(10%) 4(9%)
Yes – But only for specific
priority uses 33 (30%) 10(24%)
Yes – For any use if the
building already has an
updated façade or storefront 20 (18%) 10(24%)
We should broadly support all
improvements and uses 47 (42%) 18(43%)
20
Question 3: If we allow incentives without exterior improvements, what uses should be a
priority? For each of these, please rank from 1 to 3:
- 1 being the great priority
- 2 being neutral
- 3 being the least priority
Each project type can be ranked 1, 2, or 3.
Top Priority Neutral Least Priority
Community Downtown Community Downtown Community Downtown
Restaurants 64 25 32 8 8 5
Clubs/Bars 15 9 40 9 37 13
Entertainment
*
56 23 31 10 11 3
Office** 12 4 26 10 51 17
Personal
Service***
18 3 49 17 23 11
Retail/
Boutiques
50 18 32 10 18 7
Residential
(upper floors)
29 13 32 13 32 9
Question 4: Do you believe that tax abatement incentives should be given for projects
that involve demolition of an existing historic building for redevelopment of a site?
Community Total 111 Downtown Total 42
Yes - Redevelopment of all
types enhances Downtown 15 (13%) 4(9%)
Yes - If the redevelopment
meets the City's design
guidelines and has a priority
use
28(25%) 14(22%)
No - Incentives should only
apply to rehabilitation
projects and not demolition 68(61%) 24(57%)
21
Attachment D
Responses to Question 5 by Identifier
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames?
1 None 1 More restaurants will foster even
more restaurants. Ames needs
much better food options! 1 Shops & boutiques
1 1 Outdoor gathering spaces. The
area in front of the Sheldon munn
is delightful but it needs a shade
canopy to actually be useful. A
beautiful arched entrance on the
east side would be very
welcoming.
1 1 Community building
1 More restaurants 1 Improving options in the evening.
There is nothing to do after dinner.
It’s a ghost town. Why are all of
the shops closed?? 1 1
1 Housing units, streetscape
revitalization including wider
sidewalks, bike lane, more bike
parking, removing parking on one
side could help alleviate this issue,
there is significant parking behind
the buildings and a parking garage
is coming in with the linc project (I
think). 1 Keep character, no demolition,
improve interior of high traffic
areas such as paint, better lighting
(!!!), and for residents. Support
local businesses to make updates
and improvements. Beautification
and landscaping, hanging flower
pots in the spring, etc. 1 1
1 Get rid of parking meters
22
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 Need to get some retail. Our $ are
going to Ankeny and Des Moines.
There is no affordable family retail
downtown..
1 1
1 1 More locally owned restaurants 1
1 1 We should at all costs preserve
the integrity of the old town
Historic Ames Main St. facades
just like we do the Historic homes
in downtown Ames.
1 Drop downtown as a priority and
focus on expanding outer edges of
town.
1 Locally owned shops & boutiques.
I like to spend my money locally
and on main st.
1 1 Restaurants 1 Entertainment
1
1 More bar, restaurant and
entertainment venues
1
1 More affordable/quick lunch
places- like a bagel shop :) maybe
potable water fountain that’s
beautiful and resourceful (drinking
water on hot days!) 1 A cafe which features salads &
sandwiches for lunch, and a
casual clothing store for middle
age women 1 A playground for kids on Main
Street
1 1 No parking meters 1
1 1 Aesthetics. Seating. Third places
(cafes, bars), walkability 1
1
23
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 More businesses that support the
economy, areas for employees
that will frequent shops and
restaurants in n the area like office
spaces or light manufacturing
1 Updating the exteriors of many
downtown building for more
appealing and or structurally
sound areas 1
1 1 Restaurants, places to go, fun
destinations
1 1 Continue to make it a walkable
and utility dense place. I love
walking through downtown and
used to live nearby. I miss my
regular visits and go back as often
as I can. 1 I would love to see
family/children/teen orientated
space. Teens could really benefit
from having some time of
club/entertainment space to
hangout. A children's play museum
downtown would be amazing! 1 1 smart energy & water, locally
owned, diversity of uses, walkable
district
1 I feel like we should get more
communities in there
1 1 Very low, personally 1
1 1 Maintaining the small town feeling
of downtown. I don’t want to see
rampant urbanization of a historic
and tranquil part of town.
1 1 1 cultural attractions
1 Parking! 1
24
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 Bring more businesses owned by
a diverse group of people (women,
people of color). High quality retail,
high quality restaurants (not sports
bars, or restaurants aimed at
football crowds). High quality
meaning very thoughtful and well
curated, with welcoming and well
designed interior environments,
not necessarily expensive. 1 NA
1 1 Downtown needs to be a vibrant
arts and cultural hub 1
1 Increased reasons to go to
downtown in the evenings
1 1 1 Unique Restaurants with food
options
1 Safety and accessibility 1 Revitalization and increased usage
for the entire community (including
students) 1
1 Quality retail stores. No tattoo
shops….
1 If it's truly private investment, then
it shouldn't matter what my
priorities are. If someone is
investing with their own money,
then we should let them do what
they want. Ideally it's something
family-friendly, but if it's not, let the
market decide if it will survive. 1 Attracting diverse businesses and
their continued support 1
1 Bring in more businesses 1
1 Ames should have a dedicated live
music venue downtown, a place
with a dedicated stage and sound
system that hosts live music
several times a week. 1 No parking meters 1 Bring back the trees
25
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 Have a better night life
1 Take away all parking meters in
downtown. They are unwelcoming
and inhibit my shopping there. 1 Down town stays walking safe
area for families. The college
students have campus town. I
want a place where my family and
I can feel safe. 1 Restaurant and boutique shops
1 Arts and entertainment 1
1 1 Keeping people in Ames. Not
going to Des Moines or larger
cities for food, entertainment, and
shopping. Building community and
opportunities for social events
(including parades, downtown trick
or treat etc.)
1 Historic preservation, small
businesses
1 Tax breaks or other incentives to
promote local mom-n-pop shops;
make them more competitive with
big box stores (i.e. Walmart,
Target, etc.) 1 Business that attract consumers
downturn. Valuable real estate
locations should have attractive
business that pull consumers in. 1
1 1 More retail, restaurants,
entertainment. Less offices. 1
1 Make sure to use the space
efficiently! Both design and land
use should be high priority.
1 Entertainment 1
1 1 1 Recreation and beautification
1 More free parking 1
1
26
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 Store like CVS or an independent
drug/personal item store. I would
probably shop downtown more if I
could also get my prescriptions
filled and personal care, make-up
items. I end up going to Target
instead. 1 1
1 More dining and entertainment 1 Exterior improvement
1 increase attractiveness of
downtown while maintaining
character, similar to Cedar Falls
1 Encourage a destination retail
environment
1 1 Downtown is lacking fast casual
dining. It’s hard to grab a quick
lunch as a downtown employee. 1 Would love to see investment in
shops owned by and target non-
white residents. As someone who
works on Main St and sees who is
spending time downtown, I think it
would be great for the City to find
ways to alleviate barriers and
incentivize business ownership for
people of color. Currently neither
our businesses nor patronage of
Main St reflect the interesting
cultural diversity that exists in
town.
1
1 Create more residential units in the
area.
1 1 I would like to see more options for
establishments that are open in
the evenings, whether it be
restaurants, bars, breweries, or
any other form of entertainment. 1 1 Extend improvements beyond
Main Street to establish a larger
attraction. Make downtown vibrant
both day and evening. Consider
closing part of Main Street, make
one way and create a greater
pedestrian and bike friendly
corridor.
27
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames? 1 Maintaining historical integrity
while enhancing the vibrancy of
downtown.
1
More restaurants please! And
specifically more types of
restaurants - BBQ is fine, but I
think we're good on that in Ames
currently 1 1 1 More food options and better
wheelchair accessibility 1 None
1 1 1
1
Restaurants, children’s museum or
indoor play/climbing center (not
video games),
1 I think all projects should be
considered. It makes a difference
where certain types of businesses
want to operate. I would prefer
retail and restaurant/bar business
on the ground level and office,
service base, and residential on
upper floors.
1
1 1 late night entertainment besides
bars! there's plenty of this in
similar size cities' downtowns, but
you can't even get a bite to eat that
isn't bar food past 8pm around
here. other than bar hopping
there's nearly nothing else to do
past that time as well.
1 Improve density of all types;
residential, commercial
office/services, retail (restaurants
and goods)
1
Drawing in customers for a great
shopping experience
1
Parking, residential, hotels 1 1 Attract a greater variety of retail
and dining establishments;
emphasize the “C” of MSCD by
supporting the Arts in our
community, hopefully doing so
leads to more performance spaces
being established (look at
Massachusetts St. in Lawrence if
you need inspiration); don’t let the
development Lincoln corridor
development turn downtown into
“just-another-bar-district”
1 Parking structure
28
Downtown
Business
Owner
Downtown
Property
Owner
Downtown
Resident
Downtown
Employee
Comm-
unity
Member
What are your priorities for
private investment in Downtown
Ames?
1 1 Maintain the historical character of
buildings but update them
according to a modern day
purpose to attract people of all
ages.
1
Maintain and enhance the historic
character of the area while
improving livability for those within
walking distance 1 Let people invest their own money 1
1 1 More restaurants and
entertainment spots
1 1 1 Businesses that encourage
families to spend time downtown
and adult date night activities
1 More entertainment to draw people 1 Children's entertainment 1 Access, culture
1 Get rid of parking meters
1
1 1 1 1
1 1
1 owners maintain your buildings
front & back 1 Small businesses and non-profits 1 Eliminate parking meters. More
residential options
29
Attachment E
National Register Historic District
30
Attachment F
Summary of Public Meetings on June 12 & June 13, 2023
Downtown Input Sessions
- June 12 – 5:30pm to 7pm (13 attendees)
- June 13 – 8:30am to 10am (7 attendees)
City of Ames
- Kelly Diekmann
- Benjamin Campbell
Ames Main Street
- Crystal Davis
AEDC
- Dylan Kline
Priorities of Types of Spaces
- Retail
o Variety
o Pop-up shops
o Smaller sf footprints for retail
- More events space
- Smaller events like food truck showdown, evening farmers markets, 515 week, etc.
- More parking/ramp
- Incubator Space
- More downtown living opportunities
- Create “centers of gravity” or gathering spaces in downtown to attract people to
spend time and money in the downtown
Barriers to Development/Redevelopment
- Building code enforcement
o “Triggers” in projects that cause additional upgrades or code compliances
in more areas than are being worked on
o Stairs rise and run, fitting into old buildings
o ADA compliance in inaccessible areas
▪ ADA Bathroom at the bottom of a set of stairs with no elevator
o Fire sprinklers
o Code requirements for old structures
o ADA compliance
- Personal opinion or judgement at the inspection level, and inconsistency in how
rules are applied among inspectors/departments
31
- Code non-compliance (perceived or actual) missed on initial approval documents,
identified too late in the process or at final inspection which causes delays and are
very costly to rectify.
- Grease trap – financial barrier with fitting into old building
- Lack of outdoor patio space
- Façade grant coupled with tax abatement
- Façade grant is too restrictive
o Required historic materials too expensive and not as durable as modern
materials
o Targeted era of design standards not appealing aesthetically
o Misses target of goals for development
o Dollar amount too small to make a meaningful difference in the project
- Updating old buildings with new infrastructure can be very complicated and
expensive
o Utilities, hoods/HVAC, fire sprinklers
- Deferred maintenance of old structures leads to deterioration causing extensive
and expensive repairs or demo of old building. No funding support for maintaining
old buildings
- Processes to move through approvals/inspections take too long, which adds delay
and additional cost to projects
- Surprises/inconsistencies in inspections and approvals cause delays and
expensive rework late in the project
-
Support
- Internal advocate on city staff that “champions” projects
- More continuous, frequent interaction between stakeholders and city staff/officials
o Examples are Marion, Cedar Falls, Dubuque
o Includes mayor, city manager, economic development, planning dept,
inspections, chamber, main st., university, campustown,
- Develop and design review board for downtown design/façade approval
o Comprised of community members, city staff, credentialed professionals
(architect, contractor, engineer, etc.)
- Seed fund, neighborhood fund group, forgivable loans
- Make better use of the Historic Tax Credit program – 40 – 45% of project paid for
Flexibility
- Allow for “variances” (code modifications and text amendment)
o Fast process
o staff-level decisions (more power to make decisions without going through
council process)
o Enough of the same or similar request triggers to code changes that affect
everyone
o Culture of flexibility or “can-do” approach, especially for unusual projects
o Review city processes to make more practical
32
▪ Council or appeals board approval process takes too long. The
added time costs businesses money and often forego pursuing the
process
▪ Applicants are actively (told) or passively (process too hard/time
consuming) discouraged from asking for variances
o Allowance for Case-by-case exceptions to rules to accommodate
development in old structures or in atypical situations.
▪ Rule doesn’t have to change for everyone if it is a special
circumstance
▪ Allow for exceptions with proper documentation to justify the
allowance in the future
- Maintenance “Grant”
o Bring old buildings up to stable condition
o Sunset period on the program of 20 +/- years
o Focus on a specific area (“downtown development” or “city center” zone)
- Review process takes too long to navigate
Vision
- City Center or Downtown Development Zone
o 30 year plan
o Flexibility in ordinances within this zone
o Create “centers of gravity” in the downtown design for attraction and activity
▪ Closing city streets for ped malls or on an as-needed basis for events
▪ More outdoor gathering space for dining
▪ Places for hosting downtown festivals
o Preserve duality of old and new structures to maintain historic charm and
incorporate modern amenities and designs
▪ High-density housing
▪ Multi-use structures
▪ Keep “downtown charm”
▪ Preserve meaningful historic structures]
33
Attachment G
Report from Dylan Kline, Ames Chamber of Commerce
DOWNTOWN DEVELOPMENT FEEDBACK SESSIONS
REPORT & RECOMMENDATIONS
August 2023
In May of this year, council directed staff to work with the Ames Chamber of Commerce (ACC) and the
Ames Main Street (AMS) organizations to coordinate feedback session to gather input from building and
business owners in downtown, and developers with a history of investment in this community, about the
barriers to development in the downtown area. City Staff coordinated with the ACC and AMS to schedule
and promote two feedback sessions focused on this topic. These meeting took place on the evening of
June 12th and the morning of June 13th at the Ames Chamber of Commerce office.
During the feedback sessions, a brief overview was given providing the context for the meeting, and
attendees were asked to identify what they perceive as hindering investment in development in
downtown Ames and offer suggestions for what may mitigate those barriers. In addition to these
meetings, the ACC and AMS have continued discussions with these stakeholders to further refine those
concepts.
The information in this report is intended to be supplementary to the report developed by the staff at the
City of Ames and scheduled for presentation to the City Council on August 22nd and is not a
comprehensive overview of the feedback meetings that took place. Rather, the focus of this report is to
detail the broader concepts that were identified in the meetings and begin to paint a picture of what the
future of Ames could look like.
Thank you for initiating the conversations between City Staff, the ACC organizations, and downtown
stakeholders. We look forward to working together to build the future of the City of Ames.
INTRODUCTION
Through visionary leadership and meticulous execution by the leadership and staff at the City of Ames,
the Ames City Council, and many other people and organizations with a passion for this future of this
community, many of the foundational building blocks for a vibrant downtown are either in place or are
currently being executed. With a focused effort to capitalize on the work that has already been
accomplished, and intentional visioning for the future of the area, downtown Ames can grow to be
thriving city center that serves the needs of residents and visitors for years to come.
We will begin by identifying the perceived Barriers to Development/Redevelopment in downtown Ames,
followed by suggested actions that could help navigate these barriers.
DOWNTOWN DEVELOPMENT FEEDBACKSESSIONS REPORT & RECOMMENDATIONS
A u g u s t 2 0 2 3
BARRIERS TO DEVELOPMENT/REDEVELOPMENT
Age of existing building stock – Historic buildings, by definition, essential to the vibrancy and attraction
of Historic Downtown District. However, because the codes and regulations in place at the time these
buildings were constructed was so drastically different than modern building standards, retrofitting
these buildings for necessities such as ADA accessibility, fire protection, modern utility infrastructure,
and specialty equipment (exhaust hoods, grease traps, etc.) is challenging from a design and construction
perspective as well as financially.
City Processes – As described above, work on old structures with modern construction methods often
requires creativity and flexibility to ensure the outcome is both safe and functional for the end users.
Members of the group felt that the City’s current processes lack the flexibility to address these
challenges on a case-by-case basis. The perception is that the current approach involves drafting
changes that apply to all projects instead of a robust “variance” process that can quickly and effectively
address challenges that may be “one of a kind”.
Group members also alluded to errors and inconsistencies in the plan review and inspections process
that have led to lengthy project delays, expensive rework late in the project timeline, and identified
projects that went through the established processes for variance only to find that not all issues with the
project were addressed. Others felt that there was too much subjectivity in the inspections and plan
review process, allowing for confusion on expectations and execution.
Existing Incentive Programs – Currently, the Tax Abatement schedule for downtown is tied with
qualifying for the Façade Grant program. This means that projects that do not require façade work or are
not updating the exterior of the building are disqualified from receiving tax abatement. This structure
may not make sense today in the way it did when the program was established. Additionally, some felt the
Façade Grant program misses the target for redevelopment downtown and should be audited for content
and effectiveness. The current provides a monetary incentive that does not make a meaningful difference
in the overall cost of the project and requires standards some felt were counterproductive to goals of
downtown development.
Deferred Maintenance of Old Structures – Maintaining the historic elements of an old structure are
expensive and labor-intensive, leading some property owners to “defer” the maintenance of their
structures. These deferments can cause structures to deteriorate beyond what is feasible or practical to
repair, ultimately leading to the demolition of a contributing building. Currently, items considered
“maintenance” of a structure are not covered by an incentive program. These can include tuck-pointing
of brick, repairing of rotted wood facades, window repair, etc.
By design, the review and inspections process focuses on identifying areas of the project that are not
compliant with established codes and ordinances. This can be perceived as approaching a project
with a focus on why a project won’t work instead of an attitude of “how can we make this work”. It was
suggested that a development advocate be established that is present and accessible at all stages of
a project to approach projects with a “why not” attitude. This person would coordinate with City
leadership, staff, and officials, and with project stakeholders to shepherd projects through the
process.
Established meetings between members of the development community, City Staff, leadership and
officials, and other relevant organizations (AMS, AEDC, Campustown, University) to discuss,
coordinate, and champion a comprehensive approach to development in the Ames community.
Establish a Design Review Board to evaluate and approve the aesthetic standards of downtown
projects. The board would be comprised of members representing residents, City Staff, credentialed
design professionals, and other relevant organizations with vested interest in downtown. The group
would evaluate and establish design guidelines consistent with City and development goals.
Establish a seed fund or forgivable loan program targeted at specific types of essential development.
Educate developers on the rules and use of the Historic Tax Credit program for an additional funding
source for qualifying projects.
Establish a “Maintenance Grant” targeted at bringing aging buildings up to a stable condition with a
sunset period of +/- 20 years. This program would be focused on a “Downtown Development” or “City
Center” zone with the goal of preventing historical structures from falling into significant disrepair.
Establish a robust and accessible “variance” process that can be applied on a per-project basis. Staff
would be granted the power to make reasonable modifications to established codes on a per-project
basis and provide documentation as to the reasoning behind the allowance that can be accessed for
future projects. Should enough “variances” of a similar type be identified, a formal code modification
or text amendment process can be initiated to make the change applicable more broadly.
Evaluate current “code modification” and “text amendment” processes with a focus on expediting the
decision-making processes. Addressing issues through a formal Council review or Board of Appeals
process is time-consuming, intimidating, and often not practical when trying to keep a project on time
and on budget. Establishing a process that is more concise and immediate, with staff-level approval
expedites the process.
Additional educational opportunities for staff on “soft skills” to approach project challenges with a
“can-do” attitude.
SUPPORT, FLEXIBILITY, VISION
The suggested actions to address the identified challenges largely fit into three categories: SUPPORT,
FLEXIBILITY, and VISION. Though the focus of the discussion was specific to the downtown area, many of
the items identified could also be applied more broadly within the city of Ames. The following section
expounds on these concepts.
SUPPORT
FLEXIBILITY
Establishment of a “City Center” or “Downtown Development District,” where targeted programs and
project flexibility encourage investment in established development goals. This zone would look at
established goals and plans for surrounding areas (Main Street, Lincoln Way Corridor, and
surrounding areas targeted for future development in the near-term) and connect these pieces into a
unified plan. When considering only Main Street proper, the opportunity for redevelopment is limited
by the historic buildings that make the area special, and many of the foundational building blocks for
a thriving downtown that the City has worked so hard to establish are excluded. Expanding the vision
to include a larger area broadens the possibilities for development and redevelopment, and the
infrastructure and amenities the City has worked hard to establish become part of the plan.
Embrace the duality of old and new structures to maintain the attraction of historic charm and
incorporate modern amenities and designs where appropriate.
Focus on preserving historic structures on and around Main St. with established guidelines on
constitutes “historic” and incent the maintenance and use of these structures.
Encourage redevelopment where appropriate to achieve the overarching goals of the vision.
Focus on projects that meet the goals of the City, including density of housing, essential
amenities, entertainment and retail attractions, and recreation opportunities.
Develop spaces in the development district intended to encourage gathering.
Evaluate closing sections of streets, ether permanently to create a ped mall or by use of
removable bollards on an as-needed basis for events.
More outdoor gathering space for dining.
Spaces designed to host downtown festivals more easily.
VISION
The future of Ames is bright. With coordinated effort and a strategic vision, we can maximize that
potential for the betterment of generations to come. Thank you for your time and careful consideration.
The AEDC and AMS organizations look forward to partnering with you on this exciting vision.
1
ITEM #: 22
DEPT: P&H
Staff Report
PAVING REQUIREMENT FOR CEDAR LANE
RELATED TO THE ANSLEY DEVELOPMENT
August 22, 2023
BACKGROUND:
City Council referred a request (see attached) on June 27, 2023, from Steve and Anne
Burgason, as the owners and developer of the Ansley Subdivision, to modify the
development requirement t h a t r e q u i r e s t h e m to pave approximately 700 feet
of Cedar Lane adjacent to their development with future phases of their project. City
Council directed on July 14 to put the request on an agenda for discussion.
On April 12, 2022, City Council approved the rezoning of the site to FS-RL with a PUD
Overlay with a Master Plan that includes three access points from Cedar Lane and a
zoning agreement that specifies that the 700 feet of intervening Cedar Lane frontage
between the planned southern and middle entrance would be paved by the developer.
(see map next page)
The subdivision Preliminary Plat was approved by the City Council on November 8,
2022. The intervening area of Cedar Lane was shown as an improved paved 26-foot
roadway with the preliminary plat. At the time of preliminary plat approval, City
Council approved the waiver of extending Cedar Lane to the southernmost
entrance to the development, but maintained the requirement for paving of Cedar
Lane between the middle and southern entrances. Timing of the actual paving of
Cedar Lane would be tied to a later phase of development related to the southern
entrance.
It should be noted that the City has an agreement that half the cost of paving of Cedar
Lane is the responsibility of Iowa State University. ISU inherited this paving
requirement when it acquired the unbuilt phases of the Ringgenberg development on
the west side of Cedar Lane. Therefore, the developer is only responsible for the
cost of half of this segment of roadway paving.
The paving requirement was tied to desire for a complete paved street network to
serve the planned development. No development currently is anticipated between
the entrances of the project, and paving of Cedar Lane would connect the development
together. As noted above, the developer is responsible for half of the cost in this
situation. The City’s Subdivision Code requirements of 23.403 related to street
improvements were identified within the Preliminary Plat approval as the requirements
for street improvements with the development of the site.
2
The request from the developer to the City Council is for the obligation to pave the
portion of Cedar Lane that is not adjacent to their frontage to be removed as an
obligation with a future phase.
OPTION 1: Subdivision Amendment For No Paving Of 700 Feet Of Cedar Lane
This option would require the developer to seek approval of a new preliminary plat as
a major amendment to the approved preliminary plat in order to remove paving of 700
linear feet of Cedar Lane. This option would allow for consideration of a new plat
and would not specify any obligation for paving of Cedar Lane related to the
700 Feet of Cedar Lane
3
development. Future paving of Cedar Lane would be accomplished over time only if
and when each of the properties along this road section is further subdivided. In the
meantime, the road segment will remain unpaved.
With this option, the Developer would apply for a major amendment to the Preliminary
Plat to consider approving the development without the paving requirement.
OPTION 2: A New Agreement For City To Assume Half Of The Paving Cost For The
700 Feet Of Cedar Lane, Rather Than The Developer
This option would not require an amendment to the subdivision approval.
However, it would require an agreement with the City to share in the cost of
paving Cedar Lane specifically for the 700 feet between the entrances of the
subdivision, with ISU, rather than the Developer. Based upon Public Works
estimates, paving 700 feet of a 26-foot-wide local street would cost approximately
$400,000. This cost would be split with ISU per the Ringgenberg development
agreement. The City’s cost currently is estimated to be approximately $200,000
for half of the improvement costs of paving the road. However, the paving would
not be required until three or more years after the start of the first phase.
With this agreement, the developer would be responsible for providing plans for
the improvements, but the City would be responsible for constructing the
project.
As an alternate, the City Council could commit to provide partial funding of
developer’s share to improve the 700 feet of Cedar Lane, rather than 100% of
their obligation.
With this option, staff would prepare an agreement for coordination of plans and cost
sharing with the Developer as directed by the City Council. No amendment to the
Preliminary Plat would be required. The agreement would be required prior to final plat
approval for a future phase that would require paving of Cedar Lane.
OPTION 3: No Action at this Time
The developer is looking forward to future phases of the project and desires clarity as
to their future obligations. The current request is based upon cost escalation of the
overall development since the time of the original approval related to their first phase.
Future phases to the south are anticipated being ready for development three or more
years from the start of the first phase. City Council could either: 1) take no action
on the request at this time by determining that the improvements to be
constructed with the development are required for the project as approved, or
2) take no action at this time because the paving issue will not be required until
a later phase of the project when updated cost estimates will be known to guide a
City Council decision.
4
STAFF COMMENTS:
The primary distinction between Option 1 and Option 2 is whether the City would
affirmatively commit to providing some level of funding for the Cedar Lane improvement.
Option 1 would make the 700 feet of street improvements the responsibility of the
developers of future non-Ansley subdivisions along Cedar Lane. In the meantime, the road
segment will remain gravel. Option 2 would commit the City through an agreement to
participate either fully or partially in the future street improvement. Paving of this segment
of Cedar Lane would not be part of the first phase and would be coordinated with the timing
of the start of the southern phase of Ansley. Currently, it is anticipated that this coordination
would be a few years into the future.
5
Attachment A: Letter to Council
6
1
ITEM#: 23
DATE: 08-22-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: REQUEST TO INTIATE A ZONING TEXT AMENDMENT FOR BASE
ZONING DISTRICT MINIMUM LANDSCAPE PERCENTAGE
EXEMPTIONS
BACKGROUND:
On July 27, 2023, City Council directed staff to place on a future agenda a request from
Ames Ford Lincoln to amend the City’s landscaping standards related to electric vehicle
charging stations. Ames Ford Lincoln was recently approved to install a new transformer
and 12 charging stations on its 6-acre site. The approved plan included replacement of
approximately 300 square feet of displaced landscaping to maintain consistency with the
City’s current minimum landscape percentage requirement.
The Ames Ford Lincoln site is nonconforming as it sits just below the minimum 15%
landscape coverage requirement at approximately 14.5% of landscape coverage. Per
zoning standards, a reduction in landscape percentage that would increase the degree of
nonconformity is not permitted. Therefore, the applicant proposed to remove 300 square
feet of paving to compensate for adding the transformer and chargers to the site within
an existing landscaped area. Adding these features within the existing paved area would
not have affected the landscape percentage calcu lation.
ZONING STANDARDS:
Many of the City’s base commercial and industrial zoning districts include a minimum
landscape area requirement as a percentage of the site area (typically 15% – 20%). The
percentage requirement works in tandem with the front yard, buffer yards, and parking lot
planting requirements, but is an independent standard. This means it is possible that a
site may require more than the minimum percentage of landscaped area to accommodate
required plantings, or a site may accommodate all the plantings and then have extra
landscaped areas to meet the percentage requirements.
The property owner did not propose to remove any required plantings; their issue relates
solely to the condition as a previously developed site and its landscape coverage.
The key issue related to the request is the definition of “landscaping” within the Zoning
Ordinance, in Section 29.201, cited below:
(110) Landscape, Landscaped, Landscaping, means the improvement of a lot, parcel, or
tract of land with grass, shrubs trees flowers and/or groundcovers. Landscaping may
include incidental ornamental features such as fountains, statuary, boulders, sculptures,
pedestrian paths and other similar natural and artificial objects or improvements only when
they are completely surrounded by adjacent plant material.
2
The definition allows for ornamental features to be excluded from the calculations
of landscaped area, but does not allow for features such as paved pads for
transformers to be counted as landscaped area. Staff is not aware of any recent
decisions to allow for utility equipment pads to count towards landscaping
requirements, but also it has not come up as a specific issue until now.
Staff has some minimal latitude related to transformer locations and landscaping
requirements within Article IV of the Zoning Ordinance for specific types of site
constraints. However, the landscape percentage requirement is a base zoning
standard and staff does not believe it has authority to vary from it. Staff did not
propose to the applicant to grant relief because of the limits of current
requirements.
ALTERNATIVES:
When an applicant has questions about standards, staff advises them of past precedents
and options to appeal a staff interpretation to the Zoning Board of Adjustment or to petition
City Council for an ordinance change. Staff believes the current definition of landscaping
is clear and it is unlikely to be appropriate to have the property owner appeal the staff
decision to the Zoning Board of Adjustment. Assuming the definition is clear in City
Council’s eyes and the discussion is focused on a change of standards , staff
believes there are two primary perspectives related to the requested zoning text
amendment and what type of relief is requested or needed.
The first perspective is to consider the request solely related to electric vehicle chargers.
The alternative perspective is broader th an that of charging equipment and would
consider the issue through the lens of improvements to previously developed sites that
are nonconforming and could be affected by any proposed increase of paving or other
coverage of a site.
ALTERNATIVE 1. Exemption From Landscape Coverage Limitations For Electric
Vehicle Charger Equipment For New or Previously Developed Sites
Council recently adopted setback encroachment allowances for electric vehicle chargers.
An allowance for variations to landscape coverage related o nly to transformers and
electric vehicle chargers could be added to the Zoning Ordinance similar to the recent
setback allowance.
This option would only exempt the dimensions of the equipment and would not
allow for additional paving in order to create vehicle charging areas. The approved
Ames Ford Lincoln charging equipment is estimated to contain approximately 300 square
feet of displaced area for the equipment related to the twelve charging installations.
ALTERNATIVE 2. Limited Exemption to Landscape Coverage Limitations for
Previously Developed Sites, Not Just For Electric Charging Stations
Alternative #2 offers a broader landscaped coverage exemption for existing sites which
are more constrained then new sites This option would include vehicle chargers, but could
also include other minor improvements for previously developed sites.
3
Such relief could be up to a 1% area encroachment or a defined amount of area, such as
2,500 square feet. Using a percentage encroachment would allow for larger sites to have
more flexibility compared to a defined maximum amount. For Ames Ford Lincoln, 1%
would be approximately 2,600 square feet.
ALTERNATIVE #3. Initiate a different zoning text amendment related to landscape
coverage exemptions related to electric charging stations.
ALTERNATIVE #4. Do not initiate a text amendment at this time.
It should be noted that any exemptions allowed in Alternatives 1,2, or 3 would still
require conformance to actual landscape planting and configuration requirements,
it would be only a reduction of calculated area.
CITY MANAGER’S RECOMMENDED ACTION:
City Council recently created standards to promote installation of electric charging
stations as a balance between typical landscaping requirements and promoting use of
electric vehicles. These changes maintained minimum functional landscaping
requirements for front yards with setbacks for transformers and allowed for removal of
vehicle parking spaces to support equipment, if needed.
The Ames Ford Lincoln installation appropriately is set internally to the site and did not
need to take advantage of the setback exception. However, as a previously developed
site that was nonconforming for landscape coverage, the new equipment was subject to
landscape coverage limitations and necessitated replacement of displaced area. The
actual impact to the Ames Ford Lincoln site is de minimis in scope at approximately 300
square feet of area.
Staff believes that support for any of the alternatives would not have a significant
impact on the aesthetics of the City, or this particular site. In addition, a text
amendment would facilitate the City Council’s sustainability goal by helping to
promote electric vehicle usage. The simplest change would be to support
exempting electric vehicle charging station installations. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative #1.
The City Council should note that if it initiates a text amendment, Ames Ford Lincoln can
continue with its approved plan for installation of equipment during the drafting and review
of the zoning text amendment by the Planning and Zoning Commission and th e City
Council. Use of the charging stations would not be withheld during consideration of the
text amendment.
4
Attachment A
Request to Council
ITEM #: 24
DATE: 08-22-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: SPECULATIVE BUILDING AMENDMENT TO THE NORTH DAYTON
INDUSTRIAL PARK DEVELOPMENT AGREEMENT
BACKGROUND:
On July 25th, 2023, the City Council directed staff to draft an amendment to the North
Dayton Avenue Industrial Park Development Agreement in response to a letter from
Chuck Winkleblack representing Dayton Avenue Development LLC. In the letter Mr.
Winkleblack explained that Dayton Avenue Development LLC needed additional time to
construct the first required Speculative Building and that the building would not be
constructed by the current deadline of November 30th, 2023. A penalty of $15,000 is due
if the building is delayed. The request is to extend the deadline to May 1st, 2024.
Mr. Winkleblack has indicated he should have no issue meeting the proposed May 1 st,
2024 deadline. He further stated that delays in the federal environmental approval
process led to the subdivision infrastructure getting started later than anticipated. This
delay means that the first speculative building cannot be constructed and connected to
City infrastructure as soon as initially planned.
City staff has drafted an amendment to the Development Agreement changing the
deadline of construction of the first speculative building from November 30 th, 2023 to May
1st, 2024. The draft Development Agreement Amendment is attached and has been
agreed to and signed by all of the covenant members of the North Dayton Industrial Park.
ALTERNATIVES:
1. Approve the attached amendments to the North Dayton Avenue Industrial Park
Development Agreement.
2. Decline to approve the proposed amendment.
CITY MANAGER’S RECOMMENDED ACTION:
The developer was provided a TIF incentive for development of the subdivision and for a
commitment to construct a minimum of one speculative building. The developer was
unable to construct the first speculative building in a timely manner due to a delay in the
Army Corps of Engineers issuing the necessary permits to proceed. Staff and the
developer are comfortable and confident that the first Speculative Building will be
constructed as required no later than May 1st, 2024. No other terms of the agreement will
be amended. Therefore, it is the recommendation of the City Manager that the City
Council approve Alternative #1.
1
ITEM#: 25
DATE: 08-22-23
DEPT: ELECTRIC
COUNCIL ACTION FORM
SUBJECT: UNIT 7 AIR HEATER BASKET REPLACEMENT FOR POWER PLANT
BACKGROUND:
The Unit 7 Boiler utilizes an air preheater to capture the heat from the exhaust gas and
transfer the energy to the incoming combustion air to warm it to the temperature needed
for efficient combustion of the fuel. The air heater is made of multiple baskets filled with
sandwiched layers of steel that rotate between the exhau st and inlet air ducts. The
rotation cools the exhaust and warms the incoming air.
There are three sections of baskets in the air heater; cold, intermediate, and hot. The
Unit 7 cold and intermediate baskets were last replaced about 10 years ago and the
hot-end baskets are over 20 years old. Over time the basket material corrodes,
deteriorates, and loses thermal efficiency. All the baskets have deteriorated extensively
since they were last replaced. Corrosion of the cold and intermediate baskets are likely
accelerated due to the combustion of natural gas and RDF (chloride gases), combined
with the temperature of the gases at the cold end.
Black & Veatch, an engineering firm that works extensively within the electric industry,
has recommended that the City negotiate directly with the Air Preheater Original
Equipment Manufacturer (OEM), Arvos Ljunstrom LLC. This letter of recommendation
is attached.
Arvos Ljunstrom, LLC (OEM) has recommended using an enameled coating on the
cold-end baskets, which would inhibit the corrosion resulting from the natural gas and
RDF combustion.
Arvos Ljunstrom, LLC is the most practical and cost-effective provider for the
needed replacement baskets. This requires a single source purchasing
arrangement with Arvos Ljunstrom, LLC, which is why a waiver of the City’s
purchasing policy requirement for formal bidding procedures is also needed.
Based on the expertise of Arvos Ljunstrom, LLC with this type of repair, the
technicality of the work, and the unique modification being made to the baskets,
both Black & Veatch and staff believe the quoted price of $338,141.40 (inclusive
of sales tax) to be reasonable.
Funding for these baskets is available from the approved FY 2022/23 Capital
Improvement Plan. This currently contains $350,000 to cover this purchase.
2
The installation of these baskets will require a construction permit issued by the
Iowa Department of Natural Resources (IDNR). Gaining a permit is standard
practice for this type of project. The application for this permit is currently being
assembled by staff, but it is anticipated the application will take a couple months
for the IDNR to review and issue the permit. The lead time for the baskets is 28
weeks. Staff would like to purchase the baskets now so that they are available to
be installed in April of next year. If the baskets arrive before the permit is issued
and/or ready before replacement is planned, the baskets will be stored onsite
until ready to be installed. It is staff’s assessment that the risk of purchasing the
baskets and not receiving a permit from the DNR is minimal.
ALTERNATIVES:
1. Waive the City’s purchasing policy requirement for formal bidding procedures for
Unit 7 Air Heater Basket Replacement for Power Plant and award a contract to
Arvos Ljunstrom, LLC, Wellsville, New York, in the amount of $338,141.40
(inclusive of sales tax).
2. Do not approve and direct staff to solicit bids for these repairs.
CITY MANAGER'S RECOMMENDED ACTION:
The replacement of the heater baskets is imperative for the thermal performance of the
Power Plant. By not replacing the baskets, the Power Plant’s efficiency to produce
electricity is inhibited. Additionally, the currently corroded baskets create a maintenance
burden by requiring periodic cleaning and unplugging to maintain flue gas exhaust flows
to maintain plant performance and continuous operation. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 as
stated above.
Black & Veatch Corporation
11401 Lamar Ave, Overland Park, KS 66211 USA
P +1 913-458-6332| E SteutermannMG@bv.com
PROPRIETARY AND CONFIDENTIAL
August 2, 2020
Kristin Evans Black & Veatch Project No. 405478
Power Plant Engineer B&V File 14.4000
City of Ames
502 Carroll Avenue
Ames, Iowa 50010
Email: kristin.evans@cityofames.org
Subject: Unit 7 Air Preheater Basket Replacement Approach Recommendation
Dear Kristin Evans:
This letter is in response to The City of Ames’ (CoA) request for guidance regarding Unit 7 air
preheater basket replacement activities. Black & Veatch (B&V) understands that CoA needs to
replace the baskets in Unit 7 air preheater and is seeking guidance on the implementation.
B&V’s recommendation is to negotiate directly with the Air Preheater OEM with the following
justifications.
1) The commercial availability of companies who can support effective analysis and perform
the complete work of air preheater basket replacement is limited. (The efficacy of
competitive bid relies on the premise that several companies are available to make the
bid process competitive. Due to the limited number of companies, the efficacy of the
competitive bid process is severely reduced.)
2) Air preheater baskets and related appurtenances are highly specified components
affecting the efficiency, performance, and reliability of Unit 7. Design of these
components requires integral knowledge of original manufactured parts – already
available to the OEM.
3) An effective competitive bid process requires developing and issuing full specifications,
including detail manufacturing drawings (which at times are proprietary to the OEM), bid
issuance, analysis, and award. Resulting in substantial time to project award as well as
cost.
4) The potential cost difference in a competitive bid process does not offset the full design
and plant understanding of the OEM as well as the ability to deliver a reliable system in a
timely manner.
In B&V’s opinion, there is limited value in developing a specification for an open bid activity. B&V
recommends that CoA contract directly with Ljungstrom for the replacement baskets (supply only).
B&V can review the technical proposal from Ljungstrom and provide CoA feedback, which is
significantly less time and cost than those related to competitive bidding.
AUGUST 2, 2020 | PAGE 2
Further, in your case, we understand that CoA has discussed the replacement project with the OEM
resulting in recommended enameled basket upgrades. This is a standard approach to fight
corrosion, and we generally agree with the recommendation.
Thank you for allowing Black & Veatch to assist City of Ames with this important project. If you have
any questions, or require any additional information regarding this recommendation, please contact
Melissa Womack (Tel: 913-458-7097, email: womackmj@bv.com).
Very truly yours,
BLACK & VEATCH CORPORATION
Mark Steutermann
Project Manager
cc: M. Womack
K. Whitehead
1
ITEM # __26___
DATE: 08-22-23
DEPT: P & R__
COUNCIL ACTION FORM
SUBJECT: PURCHASE AGREEMENT FOR PROPERTY AT 5658 ONTARIO
STREET (SANDS-MCDORMAN PROPERTY)
BACKGROUND:
In approximately 2011-12, City staff held initial conversations with the owners of the
property at 5658 Ontario Street regarding purchasing this land for a City park. The
property, referred to as the Sands – McDorman (SMD) property, is outlined in green in
Figure 1 below (North is at the top).
Figure 1
The SMD property consists of three parcels totaling 77.85 acres (see Figure 2). Parcel 1
is 8.6 acres; Parcel 2 is 40.0 acres; Parcel 3 is 27.28 acres. Public roads account for the
remaining 1.97 acres.
2
Figure 2
Following these initial conversations in 2011-12, the owners decided not to sell at that
time. Subsequently, staff was approached by the owners in 2021 to see if the City was
still interested in purchasing this property. Staff indicated the City may be interested and
several conversations were held about this proposal. The primary desire of the owners is
to have this land developed into a City park.
In 2013, the Iowa Natural Heritage Foundation (INHF) contracted with Hertz Farm
Management to complete an appraisal on the property. The property’s appraised value
was determined to be $1,100,000. When the City was made aware of the seller’s
renewed interest in selling the property in 2021, the INHF contracted with Hertz Farm
Management to update the 2013 appraisal. The new appraised value of the entire
property is approximately $1,790,000. Table 1 shows a breakdown of each parcel’s
appraised value.
Table 1
Parcel Appraised Value
1 $ 202,874
2 $ 943,600
3 $ 643,526
Total $1,790,000
Staff presented this information to City Council at its September 13, 2022 meeting.
Council was in favor of purchasing Parcels 1 & 2 to develop this property in the future as
a community park. Council directed staff to negotiate a purchase agreement for
Parcels 1 and 2 of Sands-McDorman Property (5658 Ontario Street) in the amount
not to exceed $1,146,474. The owners intend to keep Parcel 3 at this time.
3
FUNDING FOR LAND ACQUISTION:
Sufficient funding existed to finance this land acquisition solely from the Park
Development Fund. Despite this, staff submitted applications for Resource Enhancement
and Protection (REAP) and Land and Water Conservation grants to offset a portion of the
purchase price. The City has been approved to receive funding from both grants ,
which lessens the amount needed from the Park Development Fund. The funding
for this land acquisition is shown in Table 2.
Table 2
Funding Source Amount
Park Development Fund* $ 771,474
REAP Grant $ 200,000
Land and Water Conservation Grant $ 175,000
Total $1,146,474
*As of June 30, 2023, the Park Development Fund balance is $1,361,589
PURCHASE AGREEMENT:
Staff has met with the property owners to determine the conditions of the purchase which
have been incorporated into the Purchase Agreement (Attachment A). S everal of the
highlights of the agreement are summarized below:
Section 1.4 Purchase Price – The purchase price is $1,146,474.
Section 1.5 Closing Date – This is scheduled for 10:00 AM on September 18, 2023
Section 6 Tenants – The Seller currently leases the land on the south portion of the
property to a local farmer for agricultural production. Section 6.6 requires the Seller to
terminate this lease by September 1, 2023. The City will then determine if it wants to
continue to lease a portion of the purchased land to a farmer or farm management
company.
Section 7 CRP – The Seller has notified the Iowa Department of Natural Resources
to terminate the contract for the land currently in the Conservation Reserve Program
(CRP), as the City does not agree to keep this land in the CRP.
Section 16 Access Reservation – Since the Seller will be keeping Parcel 3, the Seller
may reserve a right of access to and from the adjacent right -of-way to their land. The
reservation of access rights is shown in Exhibit B of the agreement and the access
area is shown in Exhibit C.
Section 21 Personal Property – All personal property shall be removed by the Seller
at their expense prior to closing. A walk-through inspection between the Seller and
Buyer will occur seven days prior to closing.
4
Section 26 Private Wastewater Systems – The Seller is required to have the septic
system pumped and the bottom of the tank demolished so it does not hold water.
Additionally, terms for an inspection of the system are detailed in this section.
Section 29 Signage – The City agrees to install signage to indicate the park boundary
along the western property line of the land being purchased adjacent the Seller’s
remaining property.
FUTURE DEVELOPMENT:
The City Council should understand that purchasing land for a future community
park is only the first step in the park development process. Developing the park
will require years to plan and implement. Additionally, the cost to fully develop this
park over time could be several million dollars.
After purchasing the land, one of the first steps will be the development of a concept plan
for this new park. Staff will need to host a series of community-wide meetings to
determine how residents would like to see the park developed. Since the costs to
develop this park would be significant, a phased plan would need to be created so
the park could be developed over time. In addition, grant funding will be applied for
regarding trails, facilities/amenities, and natural elements (i.e. pollinator gardens,
streambank stabilization, nutrient reduction in waterways, etc.).
Until such time that a plan is developed and funding secured, staff will do the following:
• Solicit buyers to move the existing house off the pro perty. If a buyer is not found,
the house will be demolished.
• Solicit buyers for the wood on the barn and corn crib and then demolish what
remains.
• Per Council direction, conduct further inspection of the milk house building and
garage and, if feasible, incorporate them into the final park design.
• Remove hazardous trees, unwanted fencing, and invasive species as time allows.
• Manage the prairie areas (e.g. burning, mowing, etc.) as needed.
• Mow paths throughout the property so residents can enjoy the par k until it is fully
developed.
5
ALTERNATIVES:
1. Approve the Purchase Agreement in the amount of $1,146,474 for the Sands -
McDorman property located at 5658 Ontario Street.
2. Do not approve the Purchase Agreement for the Sands-McDorman Property.
3. Refer the agreement back to staff for modification or for further information.
CITY MANAGER’S RECOMMENDED ACTION:
There has been a long-standing goal of the Park Master Plan to add a Community Park
on the west side of Ames. The availability of sufficient land to accommodate this type of
park is limited, and the property owner of the Sands-McDorman property is willing to sell
to allow this land be developed into a park. Therefore, it is the recommendation of the
City Manager that the City Council approve Alternative #1, as described above.
Fortunately, the Park Development Fund was created to allow the City Council to respond
in a timely manner to opportunities to expand the City’s park system without having to
wait for the annual budget process, and there are sufficient funds available to accomplish
this purchase. Additionally, $375,000 in grant funding has been secured which reduces
the amount of funding needed from the Park Development Fund.
It must be remembered that the ultimate development of this land into a Community Park
will be a multi-million-dollar project. Given the significant number of major park projects
already planned for and yet to be accomplished in our park system, the development of
this new park will not occur in the immediate future.
Real Property Purchase Agreement
THIS IS AN AGREEMENT made by and between Seller and Buyer upon the following terms and conditions: 1 Definitions & Summary. As used in this Agreement, unless otherwise required by the context: 1.1 “Effective Date” means the date this Agreement becomes effective by its execution by both of the parties hereto. 1.2 “Seller” means, Timothy McDorman, as Trustee of the Sands-McDorman Trust, whose mailing address for the purpose of this Agreement is: 604 Agg Avenue, Ames IA 50014. 1.3 “Buyer” means the City of Ames, Iowa, an Iowa municipal corporation, whose mailing address for the purpose of this Agreement is: 515 Clark Avenue – P.O. Box 811, Ames IA 50010. 1.4 “Purchase Price” means U.S.$1,146,474.00. “Real Property” means the real property, together with all easements and servient estates ap-purtenant thereto, located in Story County, Iowa (Parcels No. 09-06-100-205 and 09-06-100-400) and legally described as follows: See Exhibit ‘A’ attached hereto for legal description.
[Approximately 49 acres more or less] The foregoing legal description, if abbreviated or inaccurate, shall be amended as necessary to conform to the correct and proper legal description as shown by abstracting or surveying as provided in this Agreement. 1.5 “Closing Date” is at 10:00 A.M. on September 18, 2023. 1.6 “Date of Possession” shall be the Closing Date, the date on which Buyer is to receive possession of the Real Property from Seller and are thereafter entitled to the beneficial use of the Real Property. 1.7 “Closing” means a meeting of Seller and Buyer, or their agents, at which the transaction con-templated by this Agreement is finally concluded by delivery of a deed conveying title in the Real Property to Buyer and payment of the purchase price to Seller. 1.8 “Agreement” means this instrument as signed by Seller and Buyer. 2 Sale & Purchase. Buyer agrees to buy, and Seller agrees to sell the Real Property upon the terms and conditions set out in this Agreement. 3 Purchase Price. Buyer agrees to pay the total Purchase Price for the Real Property to Seller as follows: 3.1 Payment at Closing. At the Closing of this Agreement, Buyer agrees to pay to Seller the Pur-chase Price in the amount of $1,146,474.00 as may be adjusted by other provisions of this Agreement. Payment shall be in the form of a wire transfer, an ACH direct deposit, a City of Ames check, or a bank money order issued by a commercial bank doing business in the state in which the Real Property is located and insured by the Federal Deposit Insurance Corpora-tion. 4 Closing. The Closing of this Agreement shall take place on the Closing Date above stated at City Hall, 515 Clark Avenue, Ames, Iowa, or such other time and place as the parties may mutually agree. At Closing, Seller shall furnish, if applicable and as required: the deed; a bill of sale for in-cluded personal property; a Title Guaranty or title insurance affidavit; a mechanic’s lien affidavit; an assignment of leases; tenant and mortgagee estoppel letters; the Iowa Department of Revenue’s required Declaration of Value Statement; the Iowa Department of Natural Resources’ required Groundwater Hazard Statement; proof of authority to execute instruments on behalf of an entity; a certificate duly executed by Seller under penalty of perjury certifying that each Seller is not a “foreign person” as may be required under 26 U.S.C. sec. 1445, as amended, and any regulations thereunder; and any corrective title instruments. The Iowa Real Estate Transfer Tax pursuant to chapter 428A of the Code of Iowa, the cost of preparing instruments necessary to convey title, and costs of recording instruments required to cure title deficiencies and to document authority of or
Real Property Purchase Agreement P a g e | 2 reliance on Seller’s authority to convey shall be paid for by Seller. Seller transfer tax, real property taxes (both levied and future as provided hereinafter), and similar charges to the Seller customar-ily paid by a seller shall be offset against the purchase price at Closing. Seller shall timely provide to Buyer or Buyer’s agents and employees the pay-off statements for all mortgages or other liens encumbering the Real Property. Buyer or Buyer’s agents may, at their discretion, withhold from the Purchase Price the sums due such creditors together with such interest and fees as determined by Buyer or Buyer’s agents necessary for the release of the liens and remit such sums directly to such creditors on behalf of Seller. 5 Date of for Accruals. If Seller and Buyer hereafter select an alternate Date of Possession, such alternate date shall become the effective date for the accrual of interest earned under this Agree-ment and the proration of real estate taxes, utility charges, and rentals. 6 Tenants. This Agreement is subject to the leasehold rights of a tenant (Donald Uthe) presently farming the Real Property. 6.1 Seller has provided to Buyer the Lease Agreement (“Iowa Cash Rent Farm Lease”) dated No-vember 12, 2011, with the farm tenant, Donald Uthe. Seller certifies that there are no other leasehold interests upon the Real Property. 6.2 At the Closing, Seller shall assign and transfer to Buyer on the Date of Possession all lease agreements with the tenant as to the Real Property, to be effective on the Date of Possession. 6.3 Seller shall retain all rents attributable to the crop year ending March 1, 2024. 6.4 While in continued possession of the Real Property, Seller shall ensure that the Real Property is cultivated in accordance with the best farming practices and in a good husbandmanlike manner to as the nature of the soil and the season will permit, maintaining soil fertility and not unduly depleting fertility. 6.5 Seller shall indemnify and hold Buyer harmless from as to all claims asserted and suits prose-cuted against Buyer by third parties for injuries and damages to persons or property arising out of acts or omissions of Seller and Seller’s relationship to Buyer under the lease agreement for the crop year ending March 1, 2024. Indemnification under this paragraph shall include, but not be limited to, a judgment amount awarded by a court plus accrued interest, a negoti-ated settlement amount, fines, penalties, and attorney fees and other costs of defending against such claims and suits. The covenants and agreements of the parties contained in this paragraph shall survive the performance of all other provisions of this Agreement and shall thereafter be enforceable. 6.6 Prior to September 1, 2023, Seller shall terminate the existing leasehold interest described herein as to the Real Property in a manner consistent with Iowa Code § 562.6. Prior to Closing, Seller shall provide the Notice of Termination and sufficient evidence of proper and timely service of said Notice to Buyer. 7 CRP. Seller represents that all or a part of the Real Property is presently in the Conservation Re-serve Program (“CRP”), and Buyer does not agree to continue to maintain the Real Property in CRP. Seller shall be entitled to rental payments accruing before the Date of Possession. Prior to Closing, Seller shall terminate the CRP contract on the Real Property and provide evidence of said termination to Buyer. Seller shall be responsible for all consequences, financial and otherwise, associated with the termination of removing the Real Property from the CRP Program and shall hold harmless and indemnify Buyer from the same. The covenants and agreements of the parties contained in this paragraph shall survive the performance of all other provisions of this Agreement and shall thereafter be enforceable. 8 Real Property Taxes. Real property taxes are levied annually upon the Real Property by public authorities for each fiscal year ended June 30 (the “levy year”) and are payable during the subse-quent fiscal year (the “collection year”) without penalty, if paid in two equal installments on or by September 30 and March 31 of the collection year. Seller agrees to pay all of the real property taxes previously levied upon the Real Property and all or any prorated part of future real property taxes
Real Property Purchase Agreement P a g e | 3 to be levied upon the Real Property and attributable to a levy year or any part of a levy year pre-ceding (i.e., up to, but not including) the Date of Possession. Buyer agrees to pay, before they be-come delinquent, all other real property taxes levied upon the Real Property. 9 Assessments for Public Improvements. Seller agrees to pay all special assessments levied or to be levied against the Real Property for public improvements which have been installed at the date of this Agreement; and Buyer agrees to pay, before they become delinquent, all other special as-sessments that may be levied against the Real Property for public improvements installed in the future. Seller represents that Seller has not received a notice regarding any new improvement pro-ject from any assessing authorities, the costs of which project may be assessed against the Real Property. Any such notice received by Seller after the date of this Purchase Agreement and before Closing shall be provided to Buyer immediately. 10 Utility & Maintenance Charges. Seller agrees to pay all charges for solid waste removal, sewage and other utility services and assessments for maintenance of the Real Property attributable to any period preceding the Date of Possession. 11 Property Status – “As Is.” Buyer acknowledges that they have made a sufficient and satisfactory inspection of the Real Property and are purchasing the Real Property in its “as is” condition. 12 Status Quo. Seller shall maintain the Real Property in the condition substantially the same as it exists on the date of this Agreement until the Date of Possession, except as provided by this Agree-ment and except for ordinary wear and tear. Seller agrees to have all utility systems and mechan-ical systems in good working order on the Date of Possession; and Buyer shall have the right to inspect same immediately prior to the Date of Possession. Personal property (including waste) not included as a part of the sale of Real Property must be removed by and at the expense of Seller before the Date of Possession. 13 Risk of Casualty Loss on Seller. Seller agrees to keep in force at their expense until the Date of Possession existing insurance policies insuring against loss by fire, tornado and other casualties customarily covered by extended coverage all improvements now or hereafter constituting a part of the Real Property. Seller assumes all risk of loss to the Real Property due to fire, storm or other casualty occurring before the date of possession. If any of the Real Property is substantially dam-aged or destroyed by fire, storm or other casualty before the Date of Possession, Seller shall promptly notify Buyer thereof and furnish to Buyer a written statement of the amount of any in-surance payable on account thereof. For purposes of this Agreement, the Real Property shall be deemed to be substantially damaged if the cost of replacement or repair of all damage before the Date of Possession will exceed $1,000. Within ten days after receipt of notice of any such damage or destruction and the written statement of insurance payable on account thereof, Buyer may elect to terminate this Agreement by written notice of termination to Seller. Upon such termination, any part of the purchase price previously paid shall be promptly refunded to Buyer, and thereafter neither Buyer nor Seller shall have any further obligation under this Agreement. If Buyer fails to make such election to terminate, Seller shall apply all insurance proceeds payable by reason of such damage or destruction to the payment of the purchase price and any excess proceeds shall be payable to Buyer. If the Real Property is not substantially damaged, it shall be repaired or re-placed at Seller’s expense before the Date of Possession. All insurance proceeds payable by reason of damage which Seller are obligated to repair or replace shall be paid to Seller. 14 Abstract. Seller agrees to deliver forthwith to Buyer for Buyer’s examination an abstract of title to the Real Property continued at Seller’s expense to the date of this Agreement showing mer-chantable title in conformity with this Agreement, Iowa State Bar Association’s Iowa Land Title
Standards, and Iowa land title law. After Buyer’s examination, the abstract shall be held by Seller. With delivery of the deed, Seller shall deliver the abstract to Buyer. Seller agrees to pay for any additional abstracting which may be required by acts, omissions or change in the legal status of Seller occurring before delivery of deed. 15 Deed. Upon payment of all sums owing by Buyer to Seller provided by this Agreement, Seller agrees to execute and contemporaneously to deliver to Buyer a deed conveying the Real Property
Real Property Purchase Agreement P a g e | 4 to Buyer in fee simple absolute. The deed shall contain general warranties of title, provided, how-ever, that the warranties shall be limited, with respect to the period after equitable title passes to Buyer under this Agreement, to the lawful claims of persons claiming by, through or under Seller. The deed shall be subject to: (a) Liens and encumbrances suffered or permitted by Buyer and taxes and assessments payable by Buyer. (b) Applicable zoning, subdivision, health and rental housing regulations; restrictive covenants of record; and existing easements, streets and other public right-of-way that may cross the Real Property.
16 Access Reservation. Seller may reserve a right of access to and from the adjacent right-of-way to Seller’s land (“Remnant Parcel”) located in the East Half of the West Fractional Half of the North-west Fractional Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M. over land described as the West 385 feet of the North 500 feet of the East Fractional Half of the Northwest Fractional Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M. The right of access shall terminate the earlier of the date on which the Seller or Seller’s beneficiaries transfer ownership of the Remnant Parcel to an unrelated party or ten years. The reservation of access rights will be in conformance with the attached Exhibit B and as illustrated in Exhibit C attached hereto. 17 Survey. If required by Buyer prior to Closing, the precise boundaries of the Real Property shall be determined by a field survey to be made at Buyer’s expense, and a survey drawing thereof showing such boundaries by courses and distances and certified by a registered land surveyor. The bound-ary description determined by such survey shall be used to describe the Real Property in the deed by which Seller convey title to Buyer. 18 Buyer To Plat. Buyer assumes all responsibility for satisfying all subdivision platting require-ments applicable to the Real Property under Chapter 354 of the Code of Iowa and local ordinances. 19 Condition & Conformance. Seller represents and warrants with respect to the Real Property that Seller has not received any notice from any governmental authority as to condemnation proceed-ings or violation of any law, ordinance, or regulation and that the conveyance of the Real Property will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement binding or otherwise applicable to Seller or the Real Property. If the property is subject to easements or restrictive covenants, Seller warrants that Seller have not received any notice from any person or authority as to a breach of the covenants. Any such notices received by Seller shall be provided to Buyer immediately. 20 Fixtures. All personal property that integrally belongs to or is part of the Real Property, whether attached or detached, such as floor coverings, window and door treatments, light fixtures, electri-cal service cables, plumbing fixtures, water heater, water softener, sump pump, heating and cool-ing equipment, door chimes, and built-in furniture, fencing, trees and plants, radio and television antennae and automatic garage door opener, shall be considered a part of the Real Property and included in this sale. Notwithstanding the foregoing, Buyer and Seller agree that Buyer may elect to remove temporary fencing and plants around the house in the garden beds (t-posts and chicken wire) prior to Closing. 21 Personal Property. Seller shall remove all personal property not included in this sale, at Seller’s expense prior to the Date of Possession. Specifically, Seller shall be responsible for removing all dumpsters, appliances left outdoors, vehicles, machinery (including, but not limited to, the equip-ment and implements near the creek) and all hazardous materials on or upon the Real Property prior to the Date of Possession, or Buyer may elect to withhold funds at the time of Closing to pay for the removal of said items from Seller’s sales proceeds. Seller shall give access to Buyer to the Real Property to conduct a walk-through inspection within seven (7) days of the Closing Date to identify remaining personal property items that must be removed from the property prior to Clos-ing. Buyer shall have no obligation to close the transaction if Seller fails to remove personal prop-erty identified for removal.
Real Property Purchase Agreement P a g e | 5 22 Timeliness. Timely performance is the essence of this Agreement. No delay in exercising any right or remedy, however, shall be deemed a waiver of or preclude the exercise of such right or remedy or constitute a waiver of any existing or subsequent default. 23 Forfeiture. If Buyer fails to perform this Agreement, Seller may forfeit this Agreement as provided by Iowa Code ch. 656. Buyer shall have no right of reclamation or compensation for money paid or improvements made, if any, which shall be retained by Seller as compensation for use of the Real Property, as liquidated damages, or both. Upon completion of forfeiture, Seller may treat any person in possession as tenants holding over after the expiration of a lease and may remove them as provided by Iowa Code ch. 648 or any other legal or equitable remedy. 24 Foreclosure. If Buyer fails to perform this Agreement, Seller may foreclose this Agreement as pro-vided by Iowa Code chapter 654 and a receiver may be appointed. The period of redemption after sale provided by Iowa Code section 628.3 may be reduced. 25 Notices. Unless otherwise required by law, any notice or demand required or permitted by the terms of this Agreement shall be sufficient and deemed complete when expressed in writing and either (a) personally delivered to the person entitled thereto, or (b) deposited at any office of the United States Postal Service in the form of certified mail addressed to the last known mailing ad-dress of the party entitled thereto, or (c) served on the party entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure, or (d) delivered electronically with ac-knowledgment of delivery by the receiver, or (e) delivered by a reputable private courier service, such as FedEx or UPS, which provides and does provide evidence of delivery to the party. 26 Private Wastewater Systems. There is a private wastewater or septic system connected to a building upon the Real Property. Prior to Closing, and at the sole expense of the Seller, Seller shall be responsible for pumping the septic system tank and demolishing the bottom of the tank by breaking up or punching holes in the structure so that it is not able to hold water. After the ap-proval of this Agreement by the Ames City Council, Buyer shall promptly determine whether Buyer is able to enter into a “Time of Transfer Inspection Waiver for Building Demolition” with the Story County Board of Health containing terms that are acceptable to the City of Ames. If, in Buyer’s sole judgment, Buyer cannot enter into a Waiver acceptable to Buyer, Buyer shall promptly notify Seller and Seller shall cause a state-certified Time of Transfer inspector to inspect and report on the con-dition of the wastewater disposal system for the Real Property. The cost of any remedial action required by the inspection, if any, shall be done at the expense of the Seller prior to closing, unless Buyer and Seller agree to the contrary by a written amendment to this Agreement. 27 Private Water Supply Systems. If there is a private well or water supply system upon the Real Property, promptly after the execution of this Agreement and at their expense, Seller shall cause a qualified inspector to inspect and report on the condition of the well or water system for the Real Property. If it should be determined that there is a substantial failure of the system to comply with the health regulations of the county in which the Real Property is located or of the Iowa Depart-ment of Natural Resources, Buyer shall have the option to rescind this Agreement by giving notice of such election to the Seller within seven days after receiving the report. The cost of any remedial action required by the inspection, if Buyer elects to proceed to Closing, shall be done at the expense of the Seller prior to closing, unless Buyer and Seller agree to the contrary by a written amendment to this Agreement. 28 Affidavit As To Mechanic’s Liens. Seller shall furnish to Buyer at the time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improve-ments or repairs to the Real Property for 90 days immediately preceding the date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waiv-ers of mechanics’ liens executed by all general contractors, subcontractors, suppliers and materi-almen in addition to Seller’s lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for
Real Property Purchase Agreement P a g e | 6 improvements or repairs which could serve as a basis for a mechanic’s lien or a claim for damages have been paid or will be paid at the Closing of this Agreement. 29 Signage. After the Closing of this Agreement, Buyer shall install signs on the western boundary of the Real Property abutting the Remnant Parcel (Story County Parcel No. 09-06-100-140), as that term is defined herein, designed to warn trespassers from entering the Remnant Parcel owned by Seller. The content, number and placement of said signage shall be at the Buyer’s sole discretion, however, Buyer shall consult with Seller and provide a draft sign for review prior to installation. 30 Broker’s Commission. Seller and Buyer represent, respectively, that they have not engaged or used the services of a broker at any time for purposes of consummating the transaction repre-sented by this Agreement and that no broker is entitled to any compensation as a result of the consummation of the transaction represented by this Agreement. 31 City Council Approval. This Agreement is subject to approval by the Ames City Council. If such approval should be denied, this Agreement shall thereupon become null and void. 32 Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior oral or written agreements, state-ments, representations, and promises. No addition to or change in the terms of this Agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 33 Parties. Words and phrases used in this Agreement shall be construed as in the single or plural number and as the masculine, feminine or neuter gender according to the context. “Parties” refers to both Seller and Buyer together. “Party” may refer to either a Seller or a Buyer. If a Seller or a Buyer, as defined in this Agreement, consists of two or more entities or persons, each is jointly and severally liable and responsible for the duties and warranties of that party. 34 Interpretation. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this Agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument.
IN WITNESS OF THIS Agreement Seller and Buyer have executed this instrument under date of _______________________, 2023.
SELLER: SANDS-MCDORMAN TRUST
Dated _______________________________, 2023. By: Timothy McDorman, Trustee
STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on ___________, 2023, by Timothy McDorman, as Trustee of the Sands-McDorman Trust.
NOTARY PUBLIC
Real Property Purchase Agreement P a g e | 7
BUYER: Passed and approved on ________________________, 2023, by Resolution No. 23-________ adopted by the City Council of the City of Ames, Iowa. CITY OF AMES, IOWA
By: John A. Haila, Mayor
At-test: Renee Hall, City Clerk
STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 2023, by John A. Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
NOTARY PUBLIC
Real Property Purchase Agreement P a g e | 8 Exhibit A Legal Description
The East Fractional Half (E Frl. ½) of the Northwest Fractional Quarter (NW Frl. ¼) of Section Six (6),
Township Eighty-three (83) North, Range Twenty-four (24) West of the 5th P.M., Story County, Iowa EX-
CEPT Tract “B”, a part of the NW Frl. ¼ of Sec. 6 -T83N-R24W of the 5th P.M., Story County, Iowa, as
shown on the “Acquisition Plat” filed in the office of the Recorder of Story County, Iowa, on September 19,
1996, as Inst. No. 96-10066, Book 14, Page 73, AND EXCEPT Public Road Right of Way.
Real Property Purchase Agreement P a g e | 9 Exhibit B Deed Reservation of Temporary Access
Reservation of Access Rights. Grantor reserves to Grantor and certain successors in interest as de-scribed hereinafter a temporary easement for a right of access to and from the public right-of-way over and across the following described area: West 385 feet of the North 500 feet of the East Fractional Half of the Northwest Fractional Quarter of Section 6, Township 83 North, Range 24 West of the 5th P.M. This reservation of access rights is subject to the following conditions: (1) The City of Ames shall have no responsibility for the maintenance or costs of the access. (2) Grantor shall indemnify and hold the City of Ames harmless from Grantor’s use of the temporary easement area and the access and shall bear all costs of repair to the access easement area occasioned by Grantor’s use. (3) The existing path shall not be enlarged. (4) It is intended that the Grantor and the trustor’s family members only shall have a right to maintain this access. This temporary easement for access shall terminate the earlier of ten years from the recording of this instrument or the recording of a transfer instrument taxable pur-suant to Iowa Code chapter 428A, unless extended by the City Council pursuant to a request made by Grantor or Grantor’s successors in interest who are beneficiaries of the Grantor.
AC
ITEM #: ___27__
DATE: 08/22/23
DEPT: _______
COUNCIL ACTION FORM
SUBJECT: NUISANCE ASSESSMENT - COSTS OF RIGHT OF WAY VEGETATION
REMOVAL & SNOW & ICE REMOVAL
BACKGROUND:
City staff has mowed and/or removed brush at the property listed below, as well as
removed snow and ice and added ice melt. The work was completed, and a bill has been
mailed to the individual. To date, the bill ha s not been paid. A certified notice of this
hearing has been mailed to the property owner.
Loren Wilder $ 45.00
1226 Northwestern Avenue
Ames, Iowa 50010
Right of Way vegetation abatement for property located at 1226 Northwestern
Avenue
Worked performed Fall of 2022
Loren Wilder $ 126.00
1226 Northwestern Avenue
Ames, Iowa 50010
Snow & Ice Removal
Worked performed February 4, 2023
ALTERNATIVES:
1. Approve an assessment of the cost to the property owner shown on the above list.
The Finance Director will then prepare a spread sheet on the assessments, and
the City Clerk’s Office will file the assessments with the Story County Treasurer for
collection in the same manner as property taxes as provided for by the Code of
Iowa.
2. Do not certify this cost to the County Treasurer and, instead, absorb the costs.
CITY MANAGER’S RECOMMENDED ACTION:
The property owner has failed to mow and/or remove brush even after receiving notice to
do so, and they have neglected to pay the costs incurred by the City. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative #1, as
described above.
1
ITEM # __28___
DATE: 08-22-23
DEPT: FIRE__
COUNCIL ACTION FORM
SUBJECT: PROPERTY MAINTENANCE CODE ADOPTION
BACKGROUND:
In Summer 2020, staff had several code enforcement cases that they were struggling to
achieve compliance with, which resulted in several communications from neighbors to
the Council. At the City Council meeting on August 25, 2020, Council requested a memo
from staff regarding recommendations for potential additions or changes to the Property
Maintenance Code that would provide staff with additional enforcement tools.
Staff reviewed the Municipal Code and found that sections enforced by the Community
Codes Liaison (CCL) spanned nine different chapters within the Code resulting in
contradictions 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 very rough 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.
2
The draft ordinance was presented to Council at the June 27th meeting. There was no
public input received when the item was opened for public comment. Council moved to
place the item on the July 18th meeting agenda for first reading.
During the July 18th meeting, Council made motions to change several items in the
proposed ordinance and extended the vote on the first reading to the August 8th meeting.
On August 8th, staff presented Council with a revised draft including the motions made at
the July 18th meeting. During this extension of the first reading, Council requested the
following changes be made to the draft ordinance prior to the second reading:
1) Revise 30.5(3) to allow yard waste to be stored in yard waste bags and
branches to be stored in bundles, in addition to trash disposal containers.
2) Revise 30.5(9) back to 8’ clearance over sidewalks with the exception of
areas covered by a federal contract.
3) Revise 30.5(22) to allow one RV, trailer, boat, etc. to be placed anywhere
on the property instead of being limited to behind the front yard setback.
Staff has revised the ordinance to include the changes above. There is some confusion
on the intent of the change to Item #1 that needs clarification. The motion was to add
“yard waste bag, or branches which could be broken down and bundled ” after trash
disposal container. With that, the amended ordinance would read:
(3) Yard Waste stored on the exterior of a property in anything other than a
trash disposal container, yard waste bag, or branches which could be broken
down and bundled 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.
As amended, this would allow yard waste to be stored on a property for longer than seven
days if it was in a trash disposal container, yard waste bag, or bundled branches. Anything
not stored in a trash disposal container, yard waste bag or bundled branches would be
limited to seven days. This amendment works if the intent is to allow yard waste to be
stored in containers, bags, or bundles for longer than seven days (indefinitely since no
other timeframe is referenced).
If the intent is to allow yard waste to be stored in hard, water-tight trash disposal
containers indefinitely, but limit yard waste stored in paper/plastic bags or as bundled
branches to seven days, then staff recommends retaining the initial proposed language :
(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.
3
ALTERNATIVES:
1. Adopt on second reading the property maintenance code.
2. Direct staff to revise the proposed maintenance code and not set a date for third
reading at this time.
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. The proposed ordinance will help maintain the
integrity of our neighborhoods while still allowing our citizens many of the freedoms of
home ownership that they currently enjoy. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, thereby adopting on second
reading the property maintenance code.
It should be emphasized that adopting a Property Maintenance Code will require
adjustments to other codes to align with the standards of this new Code.
Subsequent to adoption of a final Code, staff will prepare corresponding changes to the
Zoning Ordinance. The Zoning Ordinance includes standa rds used for some code
enforcement activities currently, such as outdoor storage and select vegetation
management standards. Zoning Ordinance changes will likely address language related
to prohibited uses, parking, storage, and other operational standards that relate to how a
property is maintained. Changes to the Zoning Ordinance will require a review by the
Planning and Zoning Commission before review by the City Council.
In order to allow adequate time to provide notice to the public about the new
property maintenance requirements, the Staff would recommend that the effective
date of the new ordinance be January 1, 2024. This would require a motion to
amend the ordinance setting such an effective date.
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.
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.
(3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container, yard waste
bag, or branches which could be broken down and bundled 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 8 10 feet of clearance above the sidewalk. Sidewalks adjacent to public streets that are subject to funding
or contract obligations may require additional clearance.
(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.
(16) Unoccupied buildings or unoccupied portions of buildings which are unsecured. Accessory structures on
properties where the primary structure is occupied are not considered unoccupied buildings.
(17) Any structure, including detached accessory structures, on any commercial, residential, agricultural or
industrial property that is not free from significant structural defects. The term "free from significant
structural defect" means:
(a) The roof and roofing material are of such a nature and condition that they do not permit water, snow or
ice to penetrate the structure. Roofing materials shall be in good condition and made up of consistent
materials 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) Parking of one (1) travel trailer, recreational vehicle, boat, boat trailer, or trailer on an approved parking
surface is allowed. Travel trailers, recreational vehicles, boats, boat trailers or trailers cannot be used for
habitation or for business purposes. Travel trailers, recreational vehicles, boats, boat trailers and trailers
parked in the front yard. Parking of travel trailers, recreational vehicles, boats, boat trailers and trailers is
permitted behind the front yard so long as they are not being used for habitation or business purposes and
they are parked on an approved parking surface.
(23) Obstructions in the visibility triangle not incompliance with Ames Municipal Code Sec. 29.408(5) Visibility
at Intersections.
Sec. 30.6. Responsibility for abatement; abatement defined.
(1) The owner, agent, lessee, occupant or other person in charge of any building or premises where any of the
actions forbidden by this chapter exist, or whence any of such actions have originated, or any person
responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate
such action without delay.
(2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating, cutting, mowing,
grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous
portions of buildings or structures, and demolition of dangerous structures or abandoned buildings.
Sec. 30.7. Abatement by city after notice; procedure; payment of costs.
(1) In case of the failure of any person to correct, remove or abate a nuisance on written notice issued by the
enforcement officer, served in the manner of an original notice, or by certified mail to the last known address
of the owner, agent, lessee, occupant or other person in charge of the building or premises where the nuisance
exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed
depending on the urgency of the case, then and at once upon such failure the enforcement officer shall have
the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed, corrected
or abated.
(2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a
property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or
property, the enforcement officer is authorized to abate or have abated the nuisance without prior notice and
opportunity of hearing. A notice of costs of abatement will be sent to the property owner within 14 days of
the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the
property for collection in the same manner as property taxes as set forth in State Code Section 364.12(3)(h).
(3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or
eliminating the nuisance, the cost of investigation, such as title searches, inspection and testing, the costs of
notification, filing costs and other related administrative costs and any other costs or expenses incurred by
the city in the abatement of the nuisance.
Sec. 30.8. Means of Appeal.
(1) Application for Appeal.
Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public
Nuisance Appeals Board to determine if a nuisance exists. A request for a hearing must be made in writing
and delivered to the Building Official on or before the date stated in the notice of abatement issued by the
City, or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered. In the
case of emergency abatement, a hearing may be requested within 14 days of the mailing date of the notice of
costs of abatement.
Within 14 days after the conclusion of the hearing, the Board Chairperson shall render a written decision as
to whether a nuisance exists. If it is found by the Board that a nuisance exists, it shall include in the written
decision what steps must be taken to abate the nuisance and the time within which such steps must be taken.
(2) Appointment and Membership of the Board.
(a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the
City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall
serve terms in accordance with established procedures.
(b) Board members shall be appointed by the Mayor with approval of the City Council. The term of office
shall be for three (3) years, except for the terms of office for the Board when initially established. For
the Board when initially established, the Mayor may prescribe a shorter than a full term of appointment
in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for
reappointment.
(c) Membership shall consist of seven (7) members, one from each of the four (4) wards, and three (3) from
the City at large.
(3) Chairperson.
The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one
of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson.
(4) Disqualification of Member.
A member shall not hear an appeal in which that member or an immediate family member has a personal,
professional or financial interest.
(5) Secretary.
The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings with the City Clerk’s Office.
(6) Compensation of Members.
Members shall receive no compensation.
(7) Meeting of the Board.
The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at
stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seeking a delay.
(8) Procedure.
The Board shall adopt and make available to the public, procedures under which hearings will be conducted.
(9) Board Decision.
The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional
time for abatement.
(10) Stay of Enforcement.
Appeals of a notice and order (other than an Imminent Danger notice) shall stay the enforcement of the notice
and order until the appeal is heard by the Board.
(11) Filing Fees.
Property owners are entitled to file one appeal per nuisance violation, at no fee. Subsequent appeals shall be
assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code
Board of Appeals.
CHAPTER 30 JUNKED VEHICLES, TRAILERS AND SEMITRAILERS; AND OUTDOOR STORAGE OF
MOTOR VEHICLES
Sec. 30.1. PURPOSE OF CHAPTER.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to
preserve the value of property owned by these citizens by the prevention of the storage of junked vehicles, trailers and
semitrailers within the corporate limits of the city, except in places authorized; to provide for the removal of vehicles
in violation of the provisions of this chapter; and for the enforcement and penalties for violation hereof.
Sec. 30.2. DEFINITIONS.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth:
(1) "Enclosed structure" means any structure or portion there of built for the enclosure of property, containing a
roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure
from any street or adjacent property and contents thereof and being of a permanent nature.
(2) "Junked" means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Ames,
Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes
a threat to the public health, welfare, and/or safety;
(a) Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken
windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank,
two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component
part of an electrical system, or any component or structural part;
(b) Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin
or insects;
(c) Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood
or other combustible materials, garbage, refuse, solid waste, debris, etc.;
(d) Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals
of any kind;
(e) Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other
way constitutes a threat to the public health or safety of the citizens of Ames, Iowa;
(f) Any vehicle which contains gasoline or any flammable fuel and is inoperable.
(3) "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to
the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
(4) "Inoperable" means not capable of being used or operated.
(5) "Stored" means a vehicle, trailer or semitrailer left upon private property for 48 hours.
(6) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon
or is carried by another vehicle.
(7) "Trailer" means every vehicle without motive power designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(8) "Vehicle" means an automobile, truck, motorcycle, or other trackless self-propelled vehicle designed
primarily to transport persons or property over public streets and highways.
Sec. 30.3. STORAGE OF JUNKED VEHICLES, TRAILERS OR SEMITRAILERS.
It is hereby declared that the storage of any junked vehicles, trailers or semitrailers on private property within the
corporate limits of Ames, Iowa, for 48 hours, is unlawful, unless exempt by Section 30.9 of this chapter, and constitutes
a threat to the health, welfare and safety of the citizens thereof, and is declared to be a nuisance. Sec.
30.4. LIABILITY FOR VIOLATION.
The registered owner of any vehicle, trailer or semitrailer shall be prima facie liable for any violations of this chapter.
In the absence of any known or ascertainable owner, the occupant, lessee or owner of the property upon which said
vehicle, trailer or semitrailer is stored shall be prima facie liable for the violation.
Sec. 30.5. NOTICE OF VIOLATION.
Upon discovery of any junked vehicle, trailer, or semitrailer stored upon private property within the corporate limits
of the city, the city manager or designee shall:
(1) Cause written notice to be sent by certified mail to the last known registered owner of the vehicle, trailer or
semitrailer and the owner or the owner's agent of the property upon which said vehicle is located;
(2) Cause written notice to be affixed to the vehicle, trailer or semitrailer;
(3) The notice shall describe, if ascertainable, the year, make, model and location of the vehicle, trailer or
semitrailer and shall state that:
(a) The vehicle, trailer or semitrailer is declared junked under the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa;
(b) The owner of said vehicle, trailer or semitrailer or in the absence of any known or ascertainable owner,
the owner of the property upon which said vehicle, trailer or semitrailer is stored, must remove or repair
the vehicle, trailer or semitrailer or otherwise comply with the provisions of Chapter 30 of the Municipal
Code of the City of Ames, Iowa, within ten (10) days of notification, or said vehicle, trailer or semitrailer
may be towed;
(c) Failure to comply with the provisions of said Chapter 30 constitutes a municipal infraction;
(d) Any person holding an ownership interest in this property may file a written request for a hearing before
the city manager or designee within ten (10) days of the date of this notice. Sec. 30.6. PROCEDURE
FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and the
persons to whom notices are directed shall be advised of the time and place of said hearing at least three
days in advance thereof. At any such hearing, the city manager or designee and the persons to whom the
notices have been directed may introduce such witnesses and evidence as either party deems necessary.
If the existence of the violation is affirmed by the city manager or designee, the parties adversely affected
by this hearing shall have no longer than seven days from the date of final order to comply with said
order.
Sec. 30.7. REMOVAL OR REPAIR OF VEHICLES, TRAILERS OR SEMITRAILERS.
(1) The owners of a junked vehicle, trailer or semitrailer which violates the provisions of this chapter, or in the
absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or
semitrailer is stored, shall, within ten (10) days following the effective date of notice from the city manager
or designee, remove the vehicle, trailer or semitrailer to an auto salvage yard, junk yard or demolisher duly
licensed by the city, or repair the defect which caused said vehicle, trailer or semitrailer to violate the
provisions of this chapter, or to otherwise comply with this chapter.
(2) If the owner of record of a junked vehicle, trailer or semitrailer, or in the absence of any known or
ascertainable owner, the owner of the property on which said vehicle, trailer or semitrailer is stored, fails to
comply with the terms of this section, the city manager or designee may declare the vehicle, trailer or
semitrailer to be junked and shall direct the removal of said vehicle, trailer or semitrailer.
(3) Disposal of vehicles, trailer, or semitrailers. All junked vehicles, trailers or semitrailers which are towed by
the city pursuant to this chapter shall be impounded until lawfully claimed and all towing, storage and
administrative fees paid or shall be disposed of pursuant to the provisions of Section 321.89 and 321.90 of
the 1983 Code of Iowa.
Sec. 30.8. PENALTIES FOR OFFENSES PERTAINING TO JUNKED VEHICLES AND OUTDOOR
STORAGE OF MOTOR VEHICLES.
A violation of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi-trailers; and Outdoor Storage of
Motor Vehicles, shall be a municipal infraction punishable by a penalty of $500 for a person’s first violation thereof,
and a penalty of $750 for each repeat violation.
Sec. 30.9. EXEMPTIONS.
The provisions of this chapter shall not apply to:
(1) Vehicles, trailers or semitrailers stored within a garage or other enclosed structure or which are kept
concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight
fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin;
(2) Vehicles, trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and
meeting the requirement of the Ames Municipal Code.
Sec. 30.10. OUTDOOR STORAGE OF MOTOR VEHICLES.
In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can
detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as
follows:
(1) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for
residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under
their ownership, possession or control for more than fifteen (15) days without movement and use of said
vehicle as an operating motor vehicle.
(2) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial
use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their
ownership, possession or control for more than one year without movement and use of said vehicle as an
operating motor vehicle.
(3) The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked
or demolished motor vehicle, or motor vehicle stripped for parts, at the same commercially zoned site for
more than one hundred eighty days is prohibited.
(4) The following shall be exempt from the regulations of this section:
(a) vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind
an opaque wall at least six feet in height, or completely covered by a tight fitting opaque cloth vehicle
cover or tight fitting cloth tarpaulin.
(b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January
1, 1982.
(c) A "motor home", pickup truck with camper top, converted bus or van, or similar recreational vehicle,
which is currently licensed for operation on the public highways.
(d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the
streets while the owner or other person in lawful possession and control thereof, if a resident of this city,
is out of the city for more than fifteen (15) days but not more than one hundred eighty days.
(e) Vehicles which are immobilized pursuant to an immobilization order of the District Court.
Sec. 30.11. SEVERABILITY.
If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall
not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged invalid or
unconstitutional.
. . .
Sec. 13.406. EXTERIOR PROPERTY AREAS
. . .
(11) Motor vehicles.
Motor vehicles must be parked, stored, and maintained in accord with Ames City of Ames Municipal Code Chapter
30 Public Nuisances 31, Junked Vehicles-Outdoor Storage.
. . .
DIVISION IX Noxious Weeds
Sec. 5.901. WEED ORDINANCE.
(1) Words and Terms Defined
(a) Noxious Weeds: Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
(b) Weed Official: Person designated by the city manager to enforce this section.
(2) Nuisance Declared; Penalty
(a) It shall be a public nuisance for any owner or person in the possession or control of any land to allow
any noxious weeds to grow thereon.
(b) Duty To Cut Noxious Weeds: Each owner and each person in the possession or control of any land shall
cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon
and shall keep said lands free of such growth.
(c) Interference With Weed Official: No persons shall interfere with the weed official or any appointed
assistant while engaged in the enforcement of this chapter.
. . .
Sec. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES.
Any person who abandons or otherwise leaves unattended any refrigerator, icebox, washing machine, dishwasher,
kitchen range, clothes dryer, freezer, commode, urinal, bathroom sink, kitchen sink, or other large household
appliance, bathroom fixture, kitchen fixture, or similar container, outside of buildings, or any person who allows such
refrigerator, ice box, washing machine, dishwasher, kitchen range, clothes dryer, freezer, commode, urinal, bathroom
sink, kitchen sink, bathroom fixture, kitchen fixture, or other large household appliance, or similar container, to remain
outside of buildings or premises in the person’s possession or control, abandoned or unattended, commits a violation
of this section.
. . .
Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves
unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings
and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain
outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to
children, commits a municipal infraction punishable by a penalty of $50 for a person’s first violation and $100 for
each repeat violation.
. . .
Sec. 17.34. RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
(1) Standards: It shall be a violation of this section for any landowner or person leasing, occupying or having
control of any real property used for residential purposes, to keep, maintain, deposit or perform or permit on
such property the outdoor use, outdoor storage or outdoor placement of household appliances, household
furniture, or household furnishings, unless such items are designed for outdoor use and are used on the
premises for purposes of the household. The term "outdoor" includes a porch. However, the use, storage or
placement of household appliances, household furniture or household furnishings on a porch is not prohibited
if the porch is completely enclosed by fully intact glass or fully intact screens. A porch is a platform
completely covered by a roof located at and attached to or abutting against the entrance to a building. Screens
are framed wire mesh or framed plastic mesh used to keep out insects and permit airflow.
(2) Costs of Abatement: Pursuant to subsection 364.22(9) Code of Iowa, when judgment has been entered for a
violation of this section, a court order shall be sought to authorize the City to abate or correct the violation
and order that the City’s costs for such abatement or correction of the violation be entered as a personal
judgment against the defendant, or assessed against the property, or both.
(3) Violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person’s first
violation, $100 for a person’s second violation, and $250 for a person’s third and each succeeding violation.”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out
in the ordinance.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of , 2023.
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Renee Hall, City Clerk John A. Haila, Mayor