Loading...
HomeMy WebLinkAbout~Master - September 12, 2023, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL SEPTEMBER 12, 2023 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. If you wish to speak, please complete an orange card and hand it to the City Clerk. When your name is called, please step to the microphone, state your name for the record, and limit the time used to present your remarks in order that others may be given the opportunity to speak. The normal process on any agenda item is that the motion is placed on the floor, input is received from the audience, the Council is given an opportunity to comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of the first reading. AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE MEETING CALL TO ORDER: 6:00 p.m. CONSENT AGENDA: 1. Motion approving appointment of Ames Public Works Director John Joiner to the Statewide Urban Design Specifications (SUDAS) Board of Directors 2. Motion approving Transit Safety Targets 3. Resolution certifying project shown in the Iowa Clean Air Attainment (ICAAP) Grant Application conforms to the AAMPO’s regional transportation planning process ADMINISTRATION: 4. Resolution approving preliminary Ames Urban Area Boundary HEARINGS: 5. Hearing on Amendment to the FFY 2023-2026 Transportation Improvement Program (TIP): a. Motion approving amendment to the FFY 2023-2026 Transportation Improvement Program POLICY COMMITTEE COMMENTS: ADJOURNMENT: REGULAR CITY COUNCIL MEETING* *The Regular City Council Meeting will immediately follow the meeting of the Ames Area Metropolitan Planning Organization Transportation Policy Committee. PROCLAMATIONS: 1. Proclamation for “Ames Art Month,” September 2023 2 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. 2. Motion approving payment of claims 3. Motion approving Minutes of Regular Meeting on August 22, 2023 4. Motion approving Report of Change Orders for period August 16-31, 2023 5. Motion approving Civil Service Candidates 6. Motion approving new Special Class C Retail Alcohol License – Potter’s Shoppe & Eatery, 330 5th Street, Pending Favorable Iowa Department of Inspections, Appeals & Licensing and Fire Inspection 7. Motion approving new Special Class C Retail Alcohol License –The Recipe, 412 Burnett Avenue, Pending Favorable Iowa Department of Inspections, Appeals & Licensing 8. Motion approving new 5-Day (September 13 – September 17, 2023) Special Class C Retail Alcohol License – Apres Bar Co., 1930 East 13th Street 9. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class E Liquor License – Kum & Go #0217, 3111 S. Duff Avenue b. Class C Liquor License with Catering Privilege – Hy-Vee #1 Clubroom, 3800 West Lincoln Way c. Class B Liquor License with Outdoor Service – The Love Club, 4625 Reliable Street d. Class C Beer Permit – Dollar General Store #22303, 3407 Lincoln Way e. Class C Liquor License with Outdoor Service – AJ’s Ultra Lounge, 2401 Chamberlain Street 10. Request from Ames High School Homecoming Parade on September 25, 2023: a. Motion approving Blanket Temporary Obstruction Permit b. Resolution approving closure of City Parking Lot MM, southern three aisles of City Parking Lot M, from 5:30 p.m. to 7:15 p.m. for parade staging c. Resolution approving closure of Pearle Avenue, Burnett Avenue, Kellogg Avenue, and Clark Avenue (all from Main Street to 5th Street), Main Street from Pearle Avenue to Duff Avenue, and 5th Street from Grand Avenue to Clark Avenue, from 5:30 p.m. to approximately 7:45 p.m. d. Resolution approving 219 metered parking spaces along the parade route from 1:00 p.m. to 8:00 p.m. and waiver of fees e. Resolution approving waiver of parking meter fees and enforcement from 4:00 p.m. to 6:00 p.m. for 26 metered parking spaces in Lot N 11. Requests from The Mucky Duck for Anniversary Party on September 16, 2023: a. Resolution approving the suspension of parking regulations along the south side of Crystal Street from 110 Crystal Street to Opal Drive from 2:00 p.m. to 11:00 p.m. on September 16th b. Motion approving temporary extension for Outdoor Service area for The Mucky Duck, 3100 South Duff Avenue Pending Dram Shop Insurance 12. Resolution approving appointment of ex-officio student liaison to City Council 3 13. Resolution setting September 26, 2023, as date of public hearing on the first amendment to the FY 2023/24 Adopted Budget 14. Resolution approving request to waive enforcement of the prohibition of motorized vehicles in Ada Hayden Heritage Park for the Ames Triathlon on June 23, 2024 15. Resolution approving Plat of Survey for 5517 and 5556 Arrasmith Trail 16. Resolution awarding contract for Professional Consulting Services for the Development of Advanced Metering Infrastructure (AMI) to Power System Engineering, Inc., of Madison, Wisconsin, to conduct cost-of-service and rate design studies for the City’s Electric Utility in the amount not to exceed $109,365 17. Unit 7 Precipitator Enclosure a. Resolution waiving Purchasing Policies and Procedures and awarding a single-source contract b. Resolution awarding contract to Incorp Industries LLC, of Evansville, Indiana in the amount not to exceed $64,500 (inclusive of sales tax) 18. Resolution approving Change Order No. 2 with JEO Consulting Group, Inc., for costs associated with redesigning practices for the FY 2022/23 Story County Edge of Field Project in the amount of $4,000 19. 2022/23 Main Street Paver Replacement Project a. Resolution approving Change Order No. 3, the balancing change order, a deduction in the amount of $10,154 b. Resolution accepting the project as completed by Con-Struct, Inc., of Ames, Iowa, in the amount of $365,546.15 20. Resolution accepting the 2021/2022 Shared Use Path System Expansion (South of Lincoln Way Path Expansion) as completed by Howrey Construction, Inc., of Rockwell City, Iowa, in the amount of $213,840.81 21. Resolution accepting the 2022/2023 Pavement Restoration – Slurry Seal Project as completed by Fort Dodge Asphalt Company, of Fort Dodge, Iowa, in the amount of $195,375.50 22. Resolution accepting the Airport Underground Electric Line Crossing Project as completed by Voltmer Inc., Decorah, Iowa, in the amount of $217,375 23. Resolution accepting the Water Treatment Plant High Service Pump Variable Frequency Drive Project as completed by Electric Pump and Tool Service, of Des Moines, Iowa, in the amount of $59,395 24. Resolution accepting completion of public improvements and releasing security for Aspen Business Park 3rd Addition (Tailwind/Quarters) 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. 4 ADMINISTRATION: 25. Resolution approving revised City Meeting Standards for Decorum PLANNING AND HOUSING: 26. Resolution approving Preliminary Plat for 4098 E 13th Street 27. Staff Report on Campus Garage Rezoning 28. Staff Report on Shared Use Path at Auburn Trail 29. Staff Report on Paving Requirement for Cedar Lane related to Ansley Development WATER & POLLUTION CONTROL: 30. South Skunk River Flood Plain: a. Resolution approving the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire a portion of the Ryerson property for a future water well field and nutrient reduction credit in partnership with the USDA-NRCS, Iowa DNR, and Story County Conservation. b. Resolution approving the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire the C. G. Lee property for drinking water source protection and nutrient reduction credit in partnership with the Iowa Natural Heritage Foundation and Story County Conservation. HEARINGS: 31. Hearing on proposal to vacate existing Electric Utility Easement at 2214 Lincoln Way, located on Lot 23, Parkers Addition, Ames, Iowa: a. Resolution approving vacating Electric Utility Easement 32. Hearing on CyRide 2023 Shop Rehabilitation Project a. Resolution approving final plans and specifications and awarding contract to R.H. Grabau Construction, Inc., of Boone, Iowa, for the Base bid and Alternate 1, in the amount of $390,165 ORDINANCES: 33. Third reading and adoption of ORDINANCE NO. 4510 Property Maintenance Code DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: CLOSED SESSION: 34. 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. ITEM #: AAMPO 1 DATE: 09-12-23 DEPT: MPO TRANSPORTATION POLICY COMMITTEE ACTION FORM SUBJECT: SUDAS BOARD OF DIRECTORS REPRESENTATIVE APPOINTMENT BACKGROUND: The Ames Area Metropolitan Planning Organization is allocated one member on the Statewide Urban Design and Specifications (SUDAS) Board of Directors, as is each metropolitan planning organization (MPO) in the state. It is required that the individual serving on the board must be a registered professional engineer in Iowa. The City of Ames Public Works Director has served as the AAMPO representative on the Board of Directors since the inception of SUDAS in June of 2004. ALTERNATIVES: 1. Approve the appointment of the City of Ames Public Works Director, John Joiner, as the AAMPO representative to the SUDAS Board of Directors. 2. Appoint another staff representative to the SUDAS Board of Directors. MPO ADMINISTRATOR’S RECOMMENDED ACTION: The City of Ames Public Works Director has served as the Ames Area MPO appointed representative to the SUDAS Boards of Directors since SUDAS was established and incorporated in 2004. Therefore, it is the recommendation of the MPO Administrator that the Transportation Policy Committee adopt Alternative No. 1. ITEM #: AAMPO 2 DATE: 09-12-23 DEPT: MPO TRANSPORTATION POLICY COMMITTEE ACTION FORM SUBJECT: TRANSIT SAFETY PERFORMANCE TARGETS BACKGROUND: The Federal Transit Administration’s Public Transportation Agency Safety Plan (PTASP) regulation, 49 CFR Part 673, requires that transit safety performance targets are available to states and MPOs to aid in the planning process and to coordinate in the sel ection of state and MPO safety performance measures. The Transit Board approved their PTASP on August 17, 2023, and provided it to AAMPO on August 22, 2023. MPOs are required to adopt the transit safety targets no more than 180 days after receiving the PTASP, thus the AAMPO must adopt these targets by February 18, 2024. These targets are based on a review of the previous 5 years of CyRide performance data and are derived from the safety performance measures established under the National Public Transportation Safety Plan. The CyRide Transit Board approved the following transit safety targets: Mode of Transit Service Fatalities (Total) Fatalities (per 100 thousand VRM) Injuries (Total) Injuries (per 100 thousand VRM) Safety Events (Total) Safety Events (per 100 thousand VRM) System Reliability (VRM/Failures) Fixed Route Bus 0 0 0 0.00 0 0.00 37,684.32 Paratransit 0 0 0 0.00 0 0.00 238,798 *VRM= Vehicle Revenue Miles Upon approving the Transit Safety targets, AAMPO will reflect the performance measures and targets in all future planning document updates , such as the Metropolitan Transportation Plan and Transportation Improvement Program. Each update to the Metropolitan Transportation Plan reports baseline conditions and s ystem performance progress towards achieving these targets. Transportation Improvement Programs are required to describe how implementation of the TIP anticipates making progress towards achieving the targets. ALTERNATIVES: 1. Approve the transit safety performance targets provided by CyRide. 2. Approve the transit safety performance targets, provided by CyRide, with Transportation Policy Committee modifications. MPO ADMINISTRATOR’S RECOMMENDED ACTION: CyRide developed these transit safety targets using the previous five years of performance data from the Ames region and they are derived from the safety performance measures established under the National Public Transportation Plan. The Transportation Technical Committee reviewed these targets and unanimously recommended approval. Therefore, it is the recommendation of the MPO Administrator that the Transportation Policy Committee adopt Alternative No. 1. ITEM #: AAMPO 3 DATE: 09-12-23 DEPT: MPO TRANSPORTATION POLICY COMMITTEE ACTION FORM SUBJECT: FFY 2025 IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) PROJECT APPLICATION BACKGROUND: The Iowa Clean Air Attainment Program (ICAAP) helps to fund transportation projects and programs that result in attaining or maintaining the national ambient air quality standards (NAAQS). The Ames Area MPO is in attainment with the NAAQS, however, ICAAP funds are available for projects in the area which result in reductions in vehicle emissions and traffic congestion. The Ames Area MPO reviews all ICAAP applications within the area to ensure that they are financially feasible and conform with Ames Area MPO transportation planning process. If the criteria are met, the MPO can adopt formal resolutions stating that the proposed projects conform to the regional transportation process. These resolutions are needed by the project sponsors to submit their project to the Iowa Department of Transportation for funding consideration. Project sponsors are responsible for delivering their completed application to the Iowa Department of Transportation by the State’s deadline of October 1, 2023, at 5PM. The following project is being submitted for the FFY 2025 ICAAP grant cycle: Project Sponsor Project Name ICAAP Request Total Cost Project City of Ames Ames Traffic Network – Phase 5 (Fiber Network & Adaptive Control) $1,879,560 $2,349,450 *See attachment for full project application. Awards will be made by the Iowa Transportation Commission in January 2024. Funds will become available in FFY 2025, which begins on October 1, 2024. ALTERNATIVES: 1. Certify that the project shown in the Iowa Clean Air Attainment Program grant application conforms to the MPO’s regional transportation process. 2. Do not move forward with certifying the grant application. MPO ADMINISTRATOR’S RECOMMENDED ACTION: The Transportation Technical Committee has reviewed the proposed grant application and unanimously recommended approval. The work accomplished under this grant could led to future ICAAP funding that will free up local funds to be reprioritized for other local regional projects. Therefore, it is the recommendation of the MPO Administrator that the Transportation Policy Committee adopt Alternative No. 1. City of Ames TRAFFIC SIGNAL COMMUNICATION NETWORK Fifth Phase – August 2023 IOWA CLEAN AIR ATTAINMENT PROGRAM 2 | P a g e A – INTRODUCTION This grant application is for the deployment of the Fifth Phase of the Traffic Communication Network Master Plan for the City of Ames, utilizing the ITS Systems Engineering Process and the Ames Area Metropolitan Planning Organization (AAMPO) Regional Intelligent Transportation Systems (ITS) Architecture, to provide communication, coordination, and management of the traffic signals systems along Northwest quadrant of Ames. Namely, Bloomington Rd between George Washington Carver Ave and Grand Ave, 24th St from Grand Ave until turning into George Washington Carver Ave, Ridgewood Ave from 24th St to 13th St, and 13th St west of Grand Ave. This project will also connect Ames High West of Ridgewood Ave. This project will continue the program for the City of Ames to improve their ability to monitor, manage, and change traffic signal timings along major arterials in real time to provide optimum traffic signal operations and promote efficient traffic flows. Detailed literature reviews and engineering evaluations have been completed by gbaSI for the City to provide technical information for this grant application. The majority of transportation related air pollution and emissions occur when traffic is stopped, during initial acceleration after stopping, and during stop and go traffic operations. This Fifth Phase Deployment will offer opportunities to improve air quality by providing monitoring and management capabilities to City staff for the implementation of optimized signal coordination, reducing congestion, eliminating unnecessary vehicle stops, encouraging uniform traffic flows, and reducing the amount of time traffic waits at signals. This Fifth Phase Deployment will continue the expansion of the fiber optic communication backbone begun as Phase One, Phase Two, Phase Three and Phase 4 of this program and will facilitate the expansion of the Advanced Traffic Management System (ATMS) to other corridors with future projects. These improvements also fall in line with the City’s existing EcoSmart strategy, which strives to reduce energy consumption and decrease the City’s carbon footprint. This s trategy involves several programs including Smart Ride, which focuses on efforts to reduce carbon emissions through increasing efficiency in transportation services both in city operations and in public services. The City of Ames has already moved to purchasing fuel-efficient vehicles including sub- compacts, hybrids, and an all-electric Zenn vehicle for fuel-efficient driving and carbon footprint reduction. Another benefit of improving the City’s overall Traffic Network and allowing them to remotely manage and monitor their network systems is providing more consistent, reliable, shorter travel times along a corridor for their existing and already thriving city-wide bus transit system (CyRide). 3 | P a g e B - BACKGROUND The City of Ames has an on-going initiative to create a city-wide high speed fiber optic (FO) communication network that will link existing city traffic signals, school crossing signals and flashers, pedestrian crossings, and traffic data collection devices to allow remote monitoring, communication, and control. Additionally, this fiber network could provide communication to other public facilities, such as Police, Fire and Maintenance buildings, other city government building, schools, and libraries. Planning, design, and implementation of a city-wide high speed fiber optic network would enable the City to more efficiently and responsively manage the traffic network and to implement optimized signal coordination, reduce congestion, eliminate unnecessary vehicle stops, encourage uniform traffic flows, and reduce the amount of time traffic waits at signals . Phase Five of the Ames Traffic upgrade project will expand the communication backbone of the traffic network to enhance and improve the Traffic Department’s ability to manage traffic flow and respond to events. This phase also affords upgrades to the traffic management devices and software that will provide the ability institute the latest in traffic management protocols and practices. This will result in improved traffic flow on a regular basis and the capacity to adjust traffic plans to match increased demands created by special events, incidents, or construction. Real time monitoring of traffic operations and improved management practices, such as traffic adaptive programs, will combine to ease congestion and provide management capabilities that will boost the capacity of the current roadways, ease congestion and the resulting air pollution, and reduce fuel consumption. The most noticeable improvement to the general public, will be the reduction in time spent driving to their destination or sitting in traffic. 13th and Stange, included in the Phase Five Deployment, was found to have the 8th most frequency of crashes in the city per the Ames Mobility 2040 Final Report (Table 11 – Intersection Crash Frequency). 13th and Stange was also the 10th highest crash rate in the city (Table 13) and had an intersection LOS of F (Table 19). PROJECT DETAILS This Fifth Phase will provide a fiber optic connection from Grand Avenue and Bloomington Road, West along Bloomington Road to George Washington Carver Avenue, continuing south George Washington Carver Avenue to 24th Street, and back to Grand Avenue. The fiber will continue along Ridgewood Avenue from 24th St to 13th Street, adding redundancy for the northwest corridor and connecting Ames High School. The last section of fiber starts at Grand Avenue & 4 | P a g e 13th Street, runs west to North Dakota Avenue, south on North Dakota Avenue to Lincoln Way, and a section south from 13th Street and North Hyland Avenue to Lincoln Way. This fiber expansion project will provide the required communication network necessary to continue the expansion of the traffic network to improve the entire traffic operations for the City of Ames. This phase expands the network begun in Phases 1, 2, 3, and 4 to include the signals along 13th Street and 24th Street, connect the Ames High School, and add redundancy and communication capabilities to the northwest side of the City. This will allow for the advanced Traffic Adaptive traffic management program to interoperate the corridors and coordinate the traffic operations along the corridors to maximize traffic flow and reduce congestion. By coordinating the flow along the individual corridors with the adjoining corridors the Traffic Department w ill have the ability to further reduce congestion and pollution. As this project encompasses the corridors noted, there will be ancillary benefits to the city besides the improved traffic management ability. Here are a few examples of possible uses: • The CCTV capacity can be shared with Police, Fire, Dispatch, and Emergency Services to allow for monitoring of the corridors. • The dark fiber that is not used by the Traffic Department could be allocated for use by other city departments or governmental agencies. This could eliminate the need to use commercially available fiber and be subjected to future increased cost and limited availability as the demand for fiber increases. • With the onset of “Smart City” and “Connected Vehicle” technology the dark fiber from this project could be valuable to both governmental entities (City, IDOT, ISU, County, USDA, as examples) and commercial interests. • The ability to test “Connected Car” technology with a modern traffic system that includes Advanced Traffic Controller capacity could be of great value to Iowa State University in attracting research grants for their Engineering Department. • The ability to monitor the areas around events (football and basketball games, concerts, and special events) would allow the timely implementation of traffic management measures to expedite the exit of the vehicles associated with these events. With the availability of technology today and the explosion of technology in the future, one of the constant requirements will be a robust fiber optic network. In the vast majority of cases, regardless of the technology, it requires a high-capacity communication medium. The fiber optic backbone that will continue with this project will be a big step in providing that solution for the City of Ames. 5 | P a g e Figure 1 - Fifth Phase Fiber Routing (shown in Brown) This Phase also encompasses improvements to the necessary traffic control devices on these corridors and connection to Ames High School for added redundancy to the network. This will give the City of Ames the capability of managing traffic flow on a “real time” basis through Traffic Adaptive Programs or by using the VPN function and communication capacities to monitor and adjust timing plans at the individual intersections to meet the traffic demands. FIFTH PHASE DEPLOYMENT The Fifth Phase Deployment of the Traffic Network Master Plan will extend the management corridor created in Phases 3 and 4 along one of the busiest and most congested traffic corridors in the City of Ames while also providing the core fiber optic communication and traffic management components and software that will be the basis for future expansion of the traffic management system. This phase affords the ability to connect to the rest of 13th Street, which will provide a communication pathway to connecting the western portion of the city. This communication system will permit the Traffic Department to connect to individual intersections on a “real time” basis which will permit traffic monitoring and changes to the timing of the intersection, if necessary, from the central office location without traveling to the actual intersection. This will provide a much more efficient and accurate method of traffic management and will reduce stops and delays along the corridor. By being able to remotely monitor and adjust 6 | P a g e the traffic timing plans the personnel from the Traffic Department will reduce the need to travel to the individual intersections which will save the City time and fuel. The Fifth Phase Deployment communication network will allow the Traffic Department to continue to deploy Advanced Traffic Controllers (ATC), along project corridors and have access to the latest traffic management programs and systems. Advanced traffic management programs such as Traffic Adaptive Systems require fast, robust communication abilities to function effectively as an exchange of detection information and platoon numbers are passed up and down the corridor. This exchange of detection information and platoon numbers provides the basis for the amount of time allotted to a direction of travel within the intersection and allows the Traffic Adaptive System to adjust traffic plans according to the demands of the traffic flow. Traffic Adaptive Systems operate on a “real time” basis and can provide an efficient and effective traffic management protocol that reduces delays and stops along the traffic corridor. The Fifth Phase Deployment will expand the backbone of the full city-wide traffic management system with an additional Hub connected at Ames High School. This brings the number of Hubs to 6 at the completion of this phase. C - IMPLEMENTATION PLAN The Ames Traffic Network Master Plan project is made up of several separate components and items that together create an integrated signal communication and coordinated traffic operations system. The key components of the system are: • Fiber optic cable and conduit system along arterials • Communication hardware and switches located within new signal cabinets • Procurement of ATMS management software licenses (as needed) for arterial traffic signal control and CCTV system control 7 | P a g e AMES FIFTH PHASE DEPLOYMENT Estimate of Project Implementation Costs – Total for Project - $2,349,450 +/- Item 1: Fiber Cost: $1,539,000 144 strand Single Mode Fiber Optic Cable Hand Holes and Conduit Installation $27 @ foot at approximately 57,000 ft. Item 2: Fiber Terminations Cost at Cabinets: $48,150 30 terminations per cabinet at 11 cabinets at $55 @ termination - $18,150 Miscellaneous patch cords and splice panels - $30,000 Item 3: Traffic Cabinet and Controller Cost: $434,500 Traffic Signal Cabinet with Controller at 11 cabinets at $35,000 @ cabinet - $385,000 Installation cost at 11 cabinets at $2,500 @ cabinet - $27,500 Cross Connect Cabinet at 2 locations at $11,000 per location - $22,000 Item 4: Network Switches Cost: $55,800 1 Layer 3 Network Switches @ $25,000 - $25,000 11 Layer 2 Network Switches @ $2,800 - $30,800 Item 5: Traffic Operations Center Costs: $97,000 Central Office Software (ATMS) for 11 intersections - $22,000 Traffic Adaptive Modules and Intersection Implementation at $5,000 - $55,000 One Year Maintenance and Support - $20,000 Item 6: Consultant Costs: $175,000 Infrastructure Design - $100,000 Network Design and Programming - $75,000 Fifth Phase Deployment Cost Estimate ICAAP Grant City Contribution Items Description Quantity Items Cost (80%) (20%) Total Cost 1-6 Fifth Phase Deployment 1 6 $2,349,450 $1,879,560 $469,890 $2,349,450 8 | P a g e D - PROJECT TIMELINE The Ames Fifth Phase Deployment will commence in the summer of 2026 upon award of a grant from the ICAAP program. It is anticipated th at this Phase of deployment will be finalized in the Winter of 2025-2026. Future ICAAP grant applications for fiber optic infrastructure, traffic signal upgrades, ATMS software, and TOC improvements are expected to be requested based upon the completion of the First, Second, Third and Fourth Phase Deployments. PROJECT SUMMARY The Fifth Phase Deployment of the Traffic Network Master Plan will extend a management corridor along one the west and northwest traffic corridors in the City of Ames while also providing the core fiber optic communication and traffic management components and software that will be the basis for future expansion of the traffic management system. This communication system will permit the Traffic Department to connect to individual intersections on a “real time” basis which will permit traffic monitoring and changes to the timing of the intersection, if necessary, from the central office location without traveling to the actual intersection. This will provide a much more efficient and accurate method of traffic management and will reduce stops and delays along the corridor. E - TRAFFIC SYSTEM OPERATION AND MANAGEMENT The Traffic Network Master Plan outlines and defines the communication network that would become a critical component of a responsive and efficient traffic management system. The Fifth Phase Deployment will be the continuation of the process started in Phases One, Two, Three and Four to create a city-wide traffic network and provides value as a stand-alone project because of the reduction in congestion and the accompanying fuel consumption and air pollution. This system would be supervised, maintained, and controlled by the Traffic Operations Department for the City of Ames. The additional capabilities provided by the network will allow th e city personnel to upgrade their traffic management practices to include central office abilities along the 13th Street, 24th Street and Bloomington Road corridors. This will allow them to more effectively implement management practices in each of the corridors that will reduce congestion and delays. By allowing communication and control capacities to each intersection the efficiency of both the personnel and the intersection will be vastly improved. The ability of city personnel to monitor intersections from a central office location will save time and money and will more than offset the expenditure of funds from the Traffic Dep artment Budget to match the ICAAP funding. 9 | P a g e F - INTEGRATION WITH AMES FORWARD 2045 The concept of an efficient traffic control system that is connected to a communication network that allows for a more flexible and adaptive approach is a concept that is consistent with the goals put forth by the Ames Area Metropolitan Planning Organization in their Ames Forward 2045 Long Range Transportation Plan. As noted in the minutes for the September 22, 2015 meeting of the AAMPO Transportation Policy Committee: Traffic Adaptive Signal Systems are included in the Ames Forward 2045 Long Range Transportation Plan as a short term, high priority under the Roadway portion of the plan. This statement recognizes the importance of the need for a Traffic Adaptive System to help manage the traffic flow within the City of Ames. This Fifth Phase Deployment is the next step in reaching that goal by including the 11 intersections on the project corridors into the Traffic Adaptive signal system the fiber optic communications network. Portions of the project corridors received Peak Hour Level of Service scores of D in the Ames Forward 2045 Final Report (Figure 3-3 Existing Peak Period Traffic Operations). The ability to monitor, adjust, and improve the capabilities of the traffic control system provides a key component towards attaining a more efficient and responsive transportation system. That is the overall objective of the Ames Forward 2045 Plan. This can be accomplished by reducing the congestion along the Phase 5 project corridors and intersections through coordination based on communication. The capacity to communicate between the traffic control mechanisms at the intersections in those corridors and a central traffic management system will provide the city with control and management abilities that will optimize the intersections’ capabilities to handle traffic demands more effectively. As a result, Ames will be able to mitigate some of the corresponding pollutants associated with vehicles dealing with congestion and delays. This project also has 2 intersections that rank in the top 25 intersections for crash frequency (Table 11) and crash rate (Table 13) according to the Ames Mobility 2040 Long Range Transportation Plan. This information was not revisited as part of the Ames Forward 2045 report. With an improved traffic flow and better usage of the existing roadway infrastructure provided by a Traffic Adaptive Traffic Management System the frequency of crashes would be expected to be reduced. 10 | P a g e G - AIR QUALITY IMPROVEMENT The Ames Traffic Network Master Plan defines the requirements and steps necessary to create an integrated traffic control system made up of traffic signals, ITS devices and systems, and other traffic management assets. This central control system will greatly enhance and expand the abilities of the City to quickly understand and respond to traffic operational and safety concerns. The Traffic Network Master Plan will improve the ability of the City of Ames to monitor, manage, and change traffic signal timings along in real time to provide optimum traffic signal operations and promote efficient traffic flows. As the next step in fulfilling the Ames Traffic Network Master Plan, this Phase Five Deployment project will continue the necessary improvements in the traffic and communications systems to facilitate the technology and innovations that will allow for the mitigation of air quality issues as they relate to traffic congestion. Numerous studies and reports have been completed in the recent past which documents the benefits and effectiveness of advanced signal control systems and TOC management centers. Some studies have shown that delays can be reduces by up to 42% (1). Others noted reduced stops by between 18 – 29% (2). In Tysons Corner, Virginia, system enhancements and management activities decreased total annual emissions VO, CO, VOC, and NOx by 134,600 kilograms (3). A study using ITS Deployment Analysis Software (IDAS) was conducted by Eugene, Oregon to evaluate the potential benefits of a hypothetical adaptive signal control system along one corridor with 8 signalized intersections resulted in a 5:1 benefit-to-cost ratio (4). In general, most studies have shown an 8-13% decrease in fuel consumption, a 7-14% decrease in emissions, 20-40% reduction in vehicle stops, 10-20% reduction in travel times, 10-15% increases in average speed, and a 20-40% decrease in average delay. While no detailed calculations for potential air quality improvement have been completed for the addition of a TOC and ATMS in Ames, it is inarguable that the implementation of traffic management technologies and procedures will significantly improve traffic operations and decrease vehicle emissions. Below are the results of emissions calculations and summaries completed fo r the Phase 5 Corridors that mostly consist of 13th street and Stange road. This shows the emission reductions that the evaluated project corridor could be expected to experience with the implementation of coordinated signal control of intersections on this route. With the addition of overall signal system management and control practices through the implantation of a citywide ATMS, additional savings will be recognized. The analysis of the traffic signal operations along this corridor used SYNCHRO models that were developed using the most current peak hour traffic volumes (2023) and signal timings (2023) provided by the City of Ames, along with the existing lane configurations at each intersection. To 11 | P a g e determine the impacts of the traffic signal interconnection and coordination projects the following assumptions were used: • Peak hour traffic volumes occur during six hours per weekday and for two hours on Saturdays and Sundays, for a total of 34 hours per week. Analysis of the project corridors determined that the implementation of the managed and coordinated traffic signal system would immediately reduce the number of stops per vehicle along 13th Street and Stange Road by 25%, and create a nearly 7% estimated decrease in VOC, CO, and NOx. Using the Iowa DOT 2009 Emission factors (MOBILE6.2 2.5 mph) determined that the implementation of the managed and coordinated traffic signal system would immedi ately create a nearly 7% decrease in VOC, CO, and NOx. Table 3 – Emissions Reductions for Lincoln Way summarizes the peak hour, daily and yearly emissions estimates, along with the project cost and estimated annual cost per kilogram of the reduced emissions. This project is estimated to reduced 3,300kg of CO, 750kg of VOC and 600kg of NOx annually. The annual cost per kilogram reduced is estimated to be $45.18 for CO, $146.84 for VOC, and $587.35 for NOx. 12 | P a g e 13th Street, Stange Road Emission Reduction Summary - total kilogram amounts and percent improvements expected per peak hour, per off-peak hour, per day, and per year. (Synchro estimation) Table 2 – 13th St & Stange Rd Corridor Peak Hour Emissions No Build Build Delta % Improvement CO (kg) 13.37 12.47 -0.9 -6.73% NOx (kg) 2.6 2.43 -0.17 -6.54% VOC (kg) 3.10 2.89 -0.21 -6.77% Off-peak Hour Emissions No Build Build Difference % Improvement CO (kg) 10.03 9.35 -0.67 -6.73% NOx (kg) 1.95 1.82 -0.13 -6.54% VOC (kg) 2.33 2.17 -0.16 -6.77% Daily Emissions No Build Build Difference % Improvement CO (kg) 133.7 124.7 -9 -6.73% NOx (kg) 26 24.3 -1.7 -6.54% VOC (kg) 31 28.9 -2.1 -6.77% Yearly Emissions No Build Build Difference % Improvement CO (kg) 48,801 45,516 -3,285 -6.73% NOx (kg) 9,490 8,870 -621 -6.54% VOC (kg) 11,315 10,549 -767 -6.77% 13 | P a g e Percent of Daily Traffic in PM Peak Hour1 10% PM Peak Hour Volumes 25,000 Percent Daily Vehicle Delay Reduction 21% CO VOC NOx Before Project Existing Delay PM Peak Hour (hr)33 Emission Factor2 (EF), (g/hr)103.0 33.4 7.5 Peak Hour Emissions = (Peak Delay) * (EF), (g)3,400 1,100 250 Daily Emissions = ((Peak Emissions)/10%), (g/day)34,000 11,000 2,500 After Project New Delay PM Peak Hour (hr)26.0 Emission Factor2 (EF), (g/hr)103.0 33.4 7.5 Peak Hour Emissions = (Peak Delay) * (EF), (g)2,680 870 200 Daily Emissions = ((Peak Emissions)/10%), (g/day)26,800 8,700 2,000 Emissions Reduction Daily Reduction (g/day)7,200 2,300 500 Annual Reduction = ((Daily) * 365)/1000), (kg/year)2,600 800 200 Project cost ($) Project Life (yrs) Annual Project Cost ($/year) Annual Cost per kg of Reduced Emissions ($/kg/year)45.18$ 146.84$ 587.35$ $117,470 2 - Pollutant emission factors obtained from the MOBILE6.2 2.5mph table for Year 2009 as outlined in the MOBILE6 User Information Sheet. Information provided by the Iowa DOT. 1 - Assumed 10% of daily traffic occurred in PM Peak Hour Emission Type Calculations Factor 20 Table 3 - Emissions Reductions for 13th Street, Stange Road Fifth Phase Deployment Project of the Traffic Network Master Plan Ames, Iowa Cost Effectiveness $2,349,450 14 | P a g e REFERENCES 1. Gresham/Multnomah County Phase 3: Traffic Signal System Optimization. November 2004, DKS Associate Transportation Solutions, and Siemens Intelligent Transportation Systems. 2. Greenough and Kelman, ITS Technology Meeting Municipal Need – the Toronto Experience, in 6th World Congress Conference on ITS, 1999, Toronto, Canada 3. White, J., Traffic Signal Optimization for Tyson’s Corner Network Volume I: Evaluation and Summary, March 2000, Virginia, DOT 4. Regional ITS Operation & Implementation Plan for the Eugene-Springfield Metropolitan Area, November 2002, Oregon Department of Transportation, Prepared by DKS Associates. 5. Ames Area MPO 2015-2040 Long Range Transportation Plan “Mobility 2040”, September 2015, HDR. 6. Ames Area MPO 2015-2045 Long Range Transportation Plan “Forward 2045”, September 2020, HDR. ITEM#: AAMPO 4 DATE: 09-12-23 DEPT: MPO TRANSPORTATION POLICY COMMITTEE ACTION FORM SUBJECT: AMES URBAN AREA BOUNDARY ADJUSTMENT BACKGROUND: On January 18, 2023, the United States Census Bureau published maps of the 2020 urban areas based on the result of the 2020 Decennial Census. The Census Bureau published a notice on March 24, 2022, which lists several criteria used for establishing and defining urban areas. Some of the key criteria are listed below: 1. Area with a population of at least 5,000 (or at least 2,000 housing units) 2. Initial urban are cores are identified using an aggregation of census blocks with a housing unit density of 425. Land use cover data used to identify territory with high degree of imperviousness. 3. Maximum hop distance of 0.5 miles and a maximum jump distance of 1.5 miles for the inclusion of noncontiguous territory. Using these Census Bureau defined urban areas, the Federal Highway Administration (FHWA) undergoes an urban area boundary adjustment process to meet Federal -Aid highway program requirements. This boundary adjustment process starts with a collaboration between local agencies and state departments of transportation (DOTs) to develop a preliminary urban area boundary and is ultimately concluded with final approval of the urban area boundary by the FHWA district office. Approved FHWA urban area boundaries are utilized for the distribution of some federal formula-based funding programs, such as the Surface Transportation Block Grant (STBG), as well as for the establishment of highway functional classification. Metropolitan Planning Area (MPA) boundaries (the MPO’s boundary) also need to include the entirety of the FHWA urban area. The FHWA and Iowa DOT provided guidance criteria for adjusting the urban area boundary. Some of the criteria most relevant to the Ames urban area adjustment are: 1. Urban areas must include the entirety of the Census-defined urban area. 2. Urban area boundaries should be as simple and direct as possible. They should follow census boundaries, corporate limits, parcel lines, or geographical features such as roads, railroads, or streams/rivers. 3. Whenever the urban area boundary follows a highway, road, or street, that road shall be entirely within the boundary. 4. Boundaries should smooth out irregularities, maintain administrative continuity of peripheral routes, and encompass fringe areas having residual, commercial, industrial, and/or national defense significance. It should also include areas which currently have or are developing “urban” characteristics such as sidewalks/curbs, street lighting, sanitary and storm drainage facilities, transit service, police and fire protection, parks, stadiums, schools, or other major facilities. The Iowa DOT also informed MPOs that, for the 2020 FHWA urban area adjustment process, the 2010 FHWA urban area can be leveraged as a starting point, in addition to the 2020 Census urban area. On August 21, 2023, MPO staff met with staff and officials from the City of Ames, City of Gilbert, and Iowa DOT to discuss the Ames urban area boundary adjustment. Using feedback from this coordination meeting as well as the FHWA and Iowa DOT’s guidance criteria, MPO staff developed a preliminary adjusted urban area boundary for Ames (see Attachment A). The following are key comments on this preliminary boundary: 1. Inclusion of the City of Gilbert within the Ames Urban Area: a. The City of Gilbert was not included within the 2020 census Ames urban area due to the reduction of the maximum jump distanc e to 1.5 miles (instead of the 2.5 miles used in the 2010 census). b. In the coordination meeting with local agencies and Iowa DOT, Mayor Jon Popp from the City of Gilbert expressed his desire to remain within the AAMPO and Ames urban area citing the Gilbert school district boundary extending into northern Ames and the desire for continued regional coordination on transportation projects. c. The City of Gilbert was included within the 2010 FHWA Ames Urban Area, which the Iowa DOT stated could be used as a starting point for establishing the 2020 urban area boundary. 2. Changes with the 2020 preliminary boundary compared to the 2010 boundary: a. Urban area boundary around the City of Gilbert adjusted to match their current corporate limits (including encompassing Gilbert High School on the eastern side of the city). b. Inclusion of the Ames Golf & Country Club and developments along and near Cameron School Road and GW Carver Avenue. c. Inclusion of more area south of Ames to account for adjustments to the census urban area, encompass new developments near research park, and follow established geographical features (roadways). d. Inclusion of residences along W Riverside Road (east of Ada Hayden Heritage Park). Once the AAMPO preliminary Ames urban area boundary has been approved, it will be submitted to the Iowa DOT for their review. The Iowa DOT is requesting that preliminary urban area boundaries be submitted to them by mid-September. Once the Iowa DOT has approved the boundary, it will be submitted to the FHWA division office for their final approval. Final approval by the FHWA division office is expected to occur sometime in calendar year 2024. It is also anticipated that the AAMPO will review and adjust its MPO planning boundary in 2024, before the start of development of the 2050 Metropolitan Transportation Plan (MTP). Note that the proposed preliminary urban area boundary shown is currently anticipated to cause only minor adjustments to the MPO planning boundary (see Attachment B for viewing the preliminary urban area boundary in relation to the current MPA boundary). ALTERNATIVES: 1. Approve the preliminary Ames urban area boundary as proposed for submission to the Iowa DOT and FHWA. 2. Approve the preliminary Ames urban area boundary, with Transportation Policy Committee modifications, for submission to the Iowa DOT and FHWA. MPO ADMINISTRATOR’S RECOMMENDED ACTION: MPO staff developed this preliminary Ames urban area boundary by following the guidance criteria provided by the FHWA and Iowa DOT as well as in coordination with MPO member agencies and the Iowa DOT. Additionally, the Transportation Technical Committee unanimously recommended approval of the preliminary Ames urban area boundary. Therefore, it is the recommendation of the MPO Administrator that the Transportation Policy Committee adopt Alternative No. 1. Service Layer Credits: Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user communitySource: Esri, Maxar, Earthstar Geographics, and the GIS User Community Attachment A - Preliminary Ames Urban Area Boundary ¯ 0 1 2 3 40.5 Miles Legend 2020 Preliminary Urban Area (FHWA) 2010 Urban Area (FHWA) City Limits 2020 Urban Area (Census) Date: 09-12-2023 Service Layer Credits: Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user communitySource: Esri, Maxar, Earthstar Geographics, and the GIS User Community Attachment B - Preliminary Ames Urban Area Boundary (w/Current MPO Boundary) ¯ 0 1 2 3 40.5 Miles Date: 09-12-2023 Legend Current AAMPO Boundary 2020 Preliminary Urban Area (FHWA) 2010 Urban Area (FHWA) 2020 Urban Area (Census) City Limits ITEM#: AAMPO 5 DATE: 09-12-23 DEPT: MPO TRANSPORTATION POLICY COMMITTEE ACTION FORM SUBJECT: FFY 2023-2026 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT BACKGROUND: To receive federal funds for regional transportation projects, it is necessary for them to be included in the Ames Area MPO’s Transportation Improvement Program (TIP). The Ames Area MPO’s current TIP contains projects programmed for federal fiscal years 2023 through 2026 and was approved on July 12, 2022. The TIP may be amended in accordance with the procedures outlined in the Ames Area MPO’s TIP and Public Participation Plan. This process is outlined below: Steps for TIP Amendment (as outlined in the Public Participation Plan) 1. Request for amendment(s) by member agency or MPO staff 2. Recommendation by the Transportation Technical Committee 3. Initial review by Transportation Policy Committee; Setting of public hearing date 4. Minimum 15-day public comment period 5. Public hearing and final approval by Transportation Policy Committee The Iowa Department of Transportation (DOT) has requested to the AAMPO (see attached request) that one of their projects be added into the FFY 2023 -2026 TIP as follows: Project Description TPMS ID Location Project Type Project Total Federal Aid Federal-Aid Program 54852 US 69 (S of Jewell Dr – N of Bloomington Rd) HMA Resurfacing with Milling $3.6M $2.8M National Highway Performance Program (NHPP) Project Location This project was originally planned to be programmed in the FFY 2024-2027 TIP as an FFY 2024 project.. However, with an October 2023 letting date, the project must authorized in September, which would be required the project to be programmed in FFY 2023. Therefore, a TIP amendment is required to add the project the FFY 2023-2026 TIP. The Transportation Technical Committee and Transportation Policy Committee have reviewed this proposed amendment and unanimously recommended its approval. A public input period was held from August 9, 2023, to August 31, 2023. No public comments on the proposed amendment were received by staff. This proposed amendment goes before the Transportation Policy Committee again for the public hearing and final approval. ALTERNATIVES: 1. Approve the amendment to the FFY 2023-2026 Transportation Improvement Program. 2. Approve the amendment to the FFY 2023-2026 Transportation Improvement Program with Transportation Policy Committee modifications. MPO ADMINISTRATOR’S RECOMMENDED ACTION: Approval of this TIP amendment will allow the Iowa DOT to let th e US 69 pavement overlay project in October as originally scheduled. Without approval, the Iowa DOT would need to delay the project letting date and amend this project into the FFY 2024-2027 TIP instead. Additionally, no public comments were received. The Transportation Technical Committee has reviewed and unanimously recommended approval of this amendment. Therefore, it is the recommendation of the MPO Administrator that the Transportation Policy Committee adopt Alternative No. 1. 1 Thompson, Kyle From:Chambers, Matthew <Matthew.Chambers@iowadot.us> Sent:Tuesday, July 18, 2023 10:49 AM To:Thompson, Kyle Cc:Joiner, John; Pregitzer, Damion Subject:DOT Amendment Request Importance:High [External Email] Good morning Kyle, The DOT formally requests that the AAMPO review and approve an Amendment to the 2023 STIP. The Iowa DOT added a new HMA Resurfacing with Milling project on US69 in Ames as part of its 2024 Highway construction program. This approximately $3.6m project spans from S of Jewel Dr to N of Bloomington Rd in Ames. The DOT plans to let this project in October which requires authorization in September. Because this is part of FFY 2023 we need to have this project added to the 2023 STIP. Thank you. Matt Chambers Iowa Department of Transportation Program Management 800 Lincoln Way Ames, IA 50010 515-239-1409 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA AUGUST 22, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 22nd 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, Amber Corrieri, Rachel Junck, and Anita Rollins. Ex officio Tabitha Etten was absent and Iowa State University Student Government Speaker of the Senate Quinn Margrett was present on her behalf. PROCLAMATION FOR “WATER AND WASTEWATER WORKERS WEEK,” AUGUST 20-26, 2023: Director of Water and Pollution John Dunn accepted the proclamation along with staff members Heidi Petersen, Derek Crawford, Dena Flynn, Emily Engle, and Director of Public Works John Joiner. Council Member Tim Gartin entered the meeting at 6:01 p.m. CONSENT AGENDA: Moved by Corrieri, seconded by Betcher, to approve the consent agenda. 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 10. RESOLUTION NO. 23-454 accepting completion of Art Capital Grant Project for KHOI-FM, and authorizing full payment in the amount of $3,314 2 11. RESOLUTION NO. 23-455 approving Agreement between Ames Human Relations Commission and Iowa Civil Rights Commission regarding intake and investigation of Civil Rights Complaints 12. RESOLUTION NO. 23-456 approving Encroachment Permit for Sign at 301 Alexander Avenue 13. RESOLUTION NO. 23-457 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 NO. 23-458 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 NO. 23-459 waiving the City’s Purchasing Policies and Procedures requirement for formal bidding requirements and awarding a single source purchase b. RESOLUTION NO. 23-460 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 NO. 23-461 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 NO. 23-462 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 NO. 23-463 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 NO. 23-464 awarding contract for CyRide Reconditioned Engine Replacements to MHC Kenworth, Des Moines, Iowa for a total cost of $116,200.47 20. RESOLUTION NO. 23-465 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 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Richard Deyo, 505 8th Street, #102, Ames, furthered his concern that he shared at the last City Council meeting regarding the Senior Variety show that is hosted in the Ames City Auditorium. He concluded by providing an overview of his thoughts on computers, and their relationship with humans. Marilyn Devick, 2019 Kildee Street, Ames, spoke about the south campus neighborhood, and the presence of immediate towing signs during Cyclone Welcome Weekend. She shared her opinion 3 that these signs communicate unwelcoming and threatening themes to new students and their parents. She furthered her concern highlighting that there is a double standard when it comes to home football games for Iowa State University, when the immediate towing signs are not present. She asked that the City Council rescind or revise the ordinance that addresses immediate towing. Mayor Haila closed the Public Forum when no one else came forward to speak. STAFF REPORT ON DOWNTOWN STAKEHOLDER DEVELOPMENT AND REDEVELOPMENT OUTREACH: Planning and Housing Director Kelly Diekmann presented the staff report. The City Council Members engaged in robust discussion and had questions answered by Director Diekmann along with Planner Benjamin Campbell, Fire Chief Rich Higgins, and Ames Economic Development Commission representative Dylan Kline. The Public Input was opened by Mayor Haila. Sam Stagg, President of Ames Main Street, shared his gratitude for the time the City Council and City staff dedicated to collaborating on the issues relevant to the downtown district. He discussed the visioning process for downtown, highlighting the ways downtown can promote development and redevelopment. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to proceed with 3-, 5-, and 10-year Tax Abatement schedule options. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, that any property that has an identified contributing resource within a Local or National Historic District would be ineligible for Tax Abatement if demolished. Vote on Motion: 4-2, Corrieri and Gartin dissenting. Motion declared carried. Moved by Betcher, seconded by Gartin, that Tax Abatement should not be tied to façade grant improvements or existing compliant historic façade design. Motion withdrawn. Moved by Betcher, seconded by Gartin, to request that staff report back to the City Council with language that expands the opportunity for Tax Abatement to interior and/or exterior projects with limiting principles. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to request that staff report back to the City Council with a proposal on how to integrate energy efficiency as an additional component to the eligibility requirement. 4 Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Betcher, to add Residential to the list of eligible uses. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Betcher, to place on a future agenda discussion of the items listed in the report from the Ames Main Street under the section titled “Flexibility.” Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to request that staff report back to the City Council with options to delegate the approval process of the Façade Grant Program to the staff level, with information on what an appeal process would entail. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to request that the Inspections Division work to develop an enhanced education program for the International Existing Building Code and share that with stakeholders. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON PAVING REQUIREMENT FOR CEDAR LANE RELATED TO THE ANSLEY DEVELOPMENT: Director Diekmann and Planner Campbell presented the staff report. Since the property owner was not present at the meeting to answer questions, the members of the City Council agreed that it would be best to table the vote. Moved by Betcher, seconded by Corrieri, to table the item to the September 12 or September 26, 2023, meeting. Vote on Motion: 6-0. Motion declared carried unanimously. ZONING TEXT AMENDMENT TO ALLOW FOR ELECTRIC VEHICLE CHARGING RELATED EQUIPMENT ENCROACHMENTS: Director Diekmann presented the Council Action Form (CAF). Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Beatty-Hansen, seconded by Gartin, to initiate a Zoning Text Amendment to allow for electric vehicle charging related equipment encroachments to be exempt from the landscape area calculation. Vote on Motion. 6-0. Motion declared carried unanimously. NORTH DAYTON AVENUE INDUSTRIAL PARK: Director Diekmann presented the CAF. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. 5 Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 23-466 approving amendment for the North Dayton Avenue Industrial Park Tax Increment Financing (TIF) Agreement Speculative Building Extension. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. UNIT 7 AIR HEATER BASKETS FOR THE POWER PLANT: Director of Electric Services Don Kom presented the CAF. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 23-467 waiving the City’s Purchasing Policies and Procedures requirement for formal bidding requirements and awarding a single source purchase. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 23-468 awarding contract to Arvos Ljungstrom for the purchase of air heater baskets for the Power Plant in the amount of $338,141.40 (inclusive of sales tax). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. SANDS-MCDORMAN PROPERTY: Director of Parks and Recreation Keith Abraham was available for questions. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Junck, seconded by Betcher, to adopt RESOLUTION NO. 23-469 approving purchase agreement for the Sands-McDorman Property at 5658 Ontario Street for the price of $1,146,474. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON NUISANCE ASSESSMENTS: Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 23-470 assessing cost of snow/ice removal and removal of vegetation in right of way and certifying assessments to Story County Treasurer. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 6 SECOND READING OF THE MINIMUM EXTERIOR PROPERTY MAINTENANCE ORDINANCE: Chief Higgins and Building Official Sarah Van Meeteren presented the CAF. Moved by Rollins, seconded by Betcher, to amend Section 30.5 subparagraph three to strike “yard waste bag” from the ordinance. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to add a provision that the effective date of the ordinance would be January 1, 2024. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Corrieri, to amend the ordinance to strike Section 22. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to amend the ordinance to re-establish Section 22 so it reads “travel trailers, recreational vehicles, boats, or boat trailers not in compliance with Ames Municipal Code Section 29.406(19) Manufactured Home, Mobile Home, and Recreational Vehicle Parking.” Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to pass on second reading an ordinance relating to Minimum Exterior Property Maintenance as amended. Roll Call Vote: 5-1, Gartin dissenting. Motion declared carried. 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: Moved by Corrieri, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4509. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were four communications to consider. The first was a letter from Justin Dodge of Hunziker companies concerning the proposed design standards for duplexes. Mayor Haila noted that this item was for information purposes only. Next was a letter from the residents representing the Chautauqua Park and Ridgewood Addition neighborhoods as a follow-up regarding the grant application nominating the Chautauqua Park and Ridgewood Addition to the National Register of Historic Places. Moved by Betcher, seconded by Beatty-Hansen, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. 7 An email from Bob and Sam Shaffer was the third item, requesting an exemption for paving and sanitary sewer improvements for the property located at 1923 Pullman Street. Moved by Betcher, seconded by Rollins, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. The last item was a staff report from Director Diekmann relating to the request to amend the Auburn Trail Contract Rezoning Agreement for a Shared Use Path. Moved by Betcher, seconded by Rollins, to place the item on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. Moved by Beatty-Hansen, seconded by Junck, to direct the Mayor to respond to Marilyn Devick in response to her comment at Public Forum. Vote on Motion: 6-0. Motion declared carried unanimously. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 21.5(1)(c), Code of Iowa, to discuss matters presently in or threatened to be in litigation. Moved by Gartin, seconded by Betcher, to go into closed session at 8:27 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 8:49 p.m. Moved by Betcher, seconded by Junck, to pursue the course of action as determined in the Closed Session. Roll Call Vote: 5-1, Gartin dissenting. Motion declared carried. ADJOURNMENT: Moved by Betcher, seconded by Junck, to adjourn at 8:51 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Public Works 2021/2022 Shared Use Path System Expansion (South of Lincoln Way) 1 $216,405.80 Howrey Construction $0.00 $-(2,564.99) J. Joiner KS Public Works 2022/23 North Sunset Ridge Sanitary Sewer Project 1 $941,044.50 Rognes Corporation $0.00 $0.00 Extend Completion Date to 9/1/23 J. Joiner KS $ $ $ $ $ $ $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: August 2023 For City Council Date: September 12, 2023 Item No. 4 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA AUGUST 24, 2023 The Regular Meeting of the Ames Civil Service Commission met in regular session in the Council Chambers of City Hall, 515 Clark Avenue, with Commission Members Harold Pike, Mike Crum, and Kim Linduska present. Chairperson Kim Linduska called the meeting to order at 8:15 AM on AUGUST 24, 2023. Also in attendance was Director of Human Resources, Bethany Ballou, Assistant City Manager, Brian Phillips, and Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF July 20, 2023: Moved by Pike, seconded by Crum, to approve the Minutes of the July 20, 2023, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Crum, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Community Codes Liaison Sheryl Reynolds 81 Jay Vannice-Adams 79 Electric Lineworker Chad Knapp 86* Jay Schoen 86* *includes preference points Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM PUBLIC SAFETY DISPATCHER LIST: Moved by Linduska, seconded by Crum to remove name from Public Safety Dispatcher entry-level certified list. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME AND EXHAUST POLICE RECORDS CLERK LIST: Moved by Pike, seconded by Crum to remove name and exhaust Police Records Clerk entry-level certified list. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME AND EXHAUST MAINTENANCE WORKER – PARKS & RECREATION SUB-LIST: Moved by Crum, seconded by Pike to remove name and exhaust Maintenance Worker – Parks & Recreation entry-level certified sub-list. Vote on Motion: 3-0. Motion declared carried unanimously. PRESENTATION OF TRAINING/INFORMATIONAL REFRESHER SESSION ON CIVIL SERVICE: Human Resources Director, Bethany Ballou and Assistant City Manager, Brian Phillips gave a Slide Presentation of Civil Service, what is the purpose of Civil Service, why the City uses Civil Service, Civil Service processes for hiring, removal of names from a certified list, exhausting a certified list, the process of appeals and hearings, and updates to the Civil Service Handbook. COMMENTS: The next Regular Meeting will be held in-person on Thursday, September 28, 2023, at 8:15am. ADJOURNMENT: The meeting adjourned at 9:24 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk Page 1 of 2 Applicant NAME OF LEGAL ENTITY SUGARED MAGNOLIA CAFE, LLC NAME OF BUSINESS(DBA) Potter's Shoppe & Eatery BUSINESS (515) 451-8334 ADDRESS OF PREMISES 330 5th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 330 5th Street CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Anne Potter PHONE (515) 451-8334 EMAIL anne71011@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Outdoor Service 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 Anne Potter Ames Iowa 50010 President 51.00 Yes Andrew Potter Ames Iowa 50010 Vice President 49.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Sep 1, 2023 POLICY EXPIRATION DATE July 31, 2024 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 ELLIOT POINTE, LLC NAME OF BUSINESS(DBA) The Recipe BUSINESS (515) 766-9909 ADDRESS OF PREMISES 412 Burnett Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 313 Main Street CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Patrick Bergstrom PHONE (515) 520-7932 EMAIL patrick@elliotpointellc.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Status of Business Item No. 7 Page 2 of 2 BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Patrick Bergstrom Ames Iowa 50010 Chief Operations Officer 50.00 Yes Malinda Bergstrom Ames Iowa 50010 Chief Executive Officer 50.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Aug 15, 2023 POLICY EXPIRATION DATE Aug 14, 2024 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 APRES BAR CO LLC NAME OF BUSINESS(DBA) Apres Bar Co BUSINESS (515) 789-0044 ADDRESS OF PREMISES 1930 East 13th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 3610 Holcomb AvenueBeaverdale CITY Des Moines STATE Iowa ZIP 50310 Contact Person NAME Jillian Harrington PHONE (515) 422-4224 EMAIL admin@apresbarco.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Pending Dramshop Review EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Outdoor Service Item No. 8 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Jillian Harrington Des Moines Iowa 50310 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE 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: September 1st, 2023 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda Headed to City Council on September 12, 2023 are:  Kum & Go #0217, (3111 S. Duff Ave.) Class E Liquor License  Hy-Vee #1 Clubroom, (3800 West Lincoln Way) Class C Liquor License with Catering Privilege  The Love Club, (4625 Reliable Street) Class B Liquor License with Sunday Sales  Dollar General Store #22303 (3407 Lincoln Way) Class C Beer Permit  AJ’s Ultra Lounge (2401 Chamberlain Street) Class C Liquor License with Outdoor Service A review of police records for the past 12 months found no liquor law violations for Kum & Go, Hy-Vee #1, The Love Club, and Dollar General. The Ames Police Department recommends the license renewal for these businesses. A review of police records for the past 12 months found 29 Minors on-premise violations at AJ’s Ultra Lounge. Of those 29, 21 involved fake IDs, about 72% of the on-premise violations. While the use of fake IDs is a recognized problem, it is also not meant to be an excuse for poor performance. Other establishments are putting safeguards in place to better identify patrons attempting to use fake IDs. The Police Department will encourage AJ’s to utilize these same safeguards, such as scanner use, training, conducting their own compliance checks, management training and accountability, etc. In addition, the Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks, evaluating their use of safeguards and educating the bar staff through monthly ID training. There will be an expectation that AJ’s improves their performance in identifying fake IDs. It should be noted that AJ’s Ultra Lounge has passed all compliance checks. Therefore, the Ames Police Department recommends the license renewal for AJ’s Ultra Lounge as well. Item No. 9 1 ITEM #: 10 DATE: 09-12-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: AMES HIGH SCHOOL HOMECOMING REQUESTS BACKGROUND: Ames High School has requested to hold its Homecoming Parade on Monday, September 25, 2023. Parade entries will stage in Parking Lots MM and M and on Pearle Street. The parade will start on Main Street west of Clark Avenue and proceed east past Douglas Avenue to the CBD Lot entrance. The parade entries will disperse from the CBD Parking Lot. The parade will begin at 6:30 p.m. and will last approximately 45 to 60 minutes. To help facilitate this event, the Homecoming Committee asks that the City Council approve the following closures: • Fifth Street from Grand Avenue to Pearle Avenue, Pearle Avenue, Main Street from Pearle Avenue to Duff Avenue, Clark Avenue from north of the CBD lot exit to Fifth Street, Burnett Avenue from Main Street to Fifth Street, and Kellogg Avenue from north of the CBD lot exit to Main Street, from 5:30 p.m. to approximately 7:45 p.m. • City Parking Lot MM, the southern three aisles of Lot M, and a portion of CBD Lot Z from 5:30 p.m. to 7:15 p.m. for parade staging (No reserved spaces would be affected). • Approximately 219 metered parking spaces along the parade route from 1:00 p.m. to 8:00 p.m. and waiver of fees (approximately $274 loss to the Parking Fund). City employees will be notified of the Lot M closure. Official vehicles parked in the northernmost stalls will not be affected. Barricades, staffed by adult volunteers, will be placed on streets along this route for traffic control purposes. Organizers have consulted with Ames Main Street regarding the event. Staff also advised the organizers to notify affected businesses along the parade route. In addition to the requests from the organizers, City staff is requesting that the City Council grant a waiver of parking meter fees and enforcement from 4:00 p.m. to 6:00 p.m. on September 25th for the 26 metered parking spaces in Lot N, north of City Hall. There are several fitness classes in the Community Center during evenings, and attendees normally park in Lot M or in metered spaces on Fifth Street. City staff would like to provide free parking in Lot N for those participants in the fitness classes who are displaced by parade closures. The loss of revenue to the Parking Fund for this request is $13. 2 ALTERNATIVES: 1. Approve the requests from the Ames High Homecoming Committee for street closures in connection with the parade to be held on September 25, 2023; and waiver of meter fees and enforcement in Lot N from 4:00 to 6:00 p.m. on September 25. 2. Do not approve these requests. CITY MANAGER'S RECOMMENDED ACTION: The Ames High Homecoming Parade is a longstanding Ames tradition in the Downtown. The event has been successfully conducted, and it contributes to the vibrancy of the Downtown area. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 3 4 1 ITEM #: 11 DATE: 09-12-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: PARKING REQUEST FROM MUCKY DUCK PUB BACKGROUND: Mucky Duck Pub (3100 S. Duff Avenue) is planning to host a celebration of the Pub’s 10th Anniversary on Saturday, September 16 from 3:00 p.m. to 10:00 p.m. This event will include an outdoor alcohol service area in the establishment’s parking lot with food and music. In order to facilitate this event, Mucky Duck Pub is requesting an expansion of the existing outdoor service area and suspension of parking regulations along the south side Crystal Street from 110 Crystal Street to Opal Drive from 2:00 p.m. to 11:00 p.m. The suspension of parking regulations along Crystal Street will allow the Pub’s patrons to use that area for parking, since the existing parking lot would be dedicated to the expanded outdoor service area. Mucky Duck Pub already possesses an alcoholic beverage control license, and an outdoor service privilege for its patio. Both Police and Fire staff have reviewed the emergency action plan prepared by the applicant. Organizers will obtain a noise permit from the Police Department. ALTERNATIVES: 1. Approve the requests to expand the existing outdoor service area and suspend parking regulations to allow parking along the south side of Crystal Street from 110 Crystal Street to Opal Drive from 2:00 p.m. to 11:00 p.m. on September 16. 2. Do not approve the request to expand the existing outdoor service area and to suspend parking regulations. CITY MANAGER’S RECOMMENDED ACTION: The applicant for this event already has the appropriate licensing for the event. The requester also has a history of hosting similar activities in the proposed space and meeting the safety expectations of the Police and Fire Department. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2 3 Caring People  Quality Programs  Exceptional Service MEMO TO: Members of the City Council FROM: John A. Haila, Mayor DATE: September 12, 2023 SUBJECT: Appointment of ex officio Student Liaison to the City Council It is my understanding that Tabitha Etten, ex officio representative to the City Council, will no longer be serving in that capacity. Consequently, an appointment needs to be made to fill this vacancy. I have recently been informed by Jennifer Holliday, President of the Iowa State University Student Government, that Jeff Clark has been selected to serve as the City Council’s ex officio representative. Therefore, I request that the Council appoint Mr. Clark, representing Iowa State University Student Government, as the ex officio Student Liaison to the City Council. JAH/cmw Mayor’s Office 515.239.5105 main 515 Clark Ave. 515.239.5142 fax Ames, IA 50010 www.CityofAmes.org Item No. 12 ITEM #: 13 DATE: 09-12-23 DEPT: Finance COUNCIL ACTION FORM SUBJECT: RESOLUTION SETTING SEPTEMBER 26, 2023 AS THE DATE OF PUBLIC HEARING ON THE FIRST AMENDMENT TO THE BUDGET FOR FISCAL YEAR 2023/24 BACKGROUND: The Code of Iowa requires that city spending by program not exceed Council approved budget amounts at any time during the year. To maintain compliance, the City of Ames monitors spending against the approved budget and prepares amendments to the budget several times during the fiscal year. The following is the customary amendment schedule: Amendment #1 - In the fall, a first amendment is prepared to carry over unspent project amounts from the prior fiscal year. Amendment #2 - The second amendment is prepared as part of the adoption process for the next fiscal year’s budget. This is typically done in March or April. Amendment #3 - A final spring amendment is done to adjust for any significant changes that have occurred since the prior amendment. This amendment typically is restricted to the early start of CIP projects approved for the following fiscal year, new grants that have been received and their associated project expenses, and any significant changes in CIP projects, operating expenses, or revenues. At this time, the fall amendment has been prepared for City Council approval. This amendment provides formal Council authority to carry forward the appropriation for capital improvements and other significant incomplete projects at the end of FY 2022/23. ALTERNATIVES: 1. Adopt a resolution setting September 26, 2023, as the date of public hearing on the first amendment to the FY 2023/24 budget. 2. Refer this item back to staff for additional information or other adjustments to the amendments. MANAGER’S RECOMMENDED ACTION: Amending the FY 2023/24 budget for carryover amounts from the FY 2022/23 budget early in the fiscal year will provide for improved budget monitoring and tracking. It will also provide assurance that Council-approved projects and work not completed in the prior year will not be delayed due to spending authority. Therefore, it is recommended that City Council approve Alternative No. 1, thereby adopting a resolution to set September 26, 2023, as the date of the public hearing on the first amendment to the FY 2023/24 budget. ITEM #: 14 DATE: 09-12-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUEST TO WAIVE ENFORCEMENT OF PROHIBITION OF MOTORIZED VEHICLES IN ADA HAYDEN HERITAGE PARK FOR THE AMES TRIATHLON, JUNE 23, 2024 BACKGROUND: Iowa Multisport (IM) is planning to use Ada Hayden Heritage Park (AHHP) to host the fifth annual Ames Triathlon on June 23, 2024. The event consists of a 500-meter swim in the north lake, a 12-mile bike ride that starts in the park and travels through north Ames, northwestern portions of Story County and finishes in the park, and a 5K run that uses the hard surface path in the park. IM proposed the use of golf carts after its event in 2019 based on concerns with the inability to transport volunteers and participants for emergencies throughout the park in a safe and quick manner. City Council has approved the use of the carts to be used along the run route for the past three Ames Triathlons. IM is again requesting the use of golf carts to transport volunteers, assist participants for any emergencies along the run route, and to transport water station supplies. IM is required to provide a Certificate of Liability Insurance for the triathlon event and staff will require the golf carts be covered under IM’s insurance. The Parks and Recreation Commission reviewed this request at its August 17, 2023, meeting and recommended that City Council grant this waiver for the Ames Triathlon on Sunday, June 23, 2024. In addition to the golf cart request, IM requested to enter the park for set up starting at 5:00 AM on June 23, which is prior to regular park hours (6:00 AM – 10:30 PM), and to have the Commission waive the no swimming rule from 8:00 AM to 10:00 AM. These two additional requests were approved by the Commission, but do not need Council approval. ALTERNATIVES: 1. Waive enforcement of Section 19.9 of Municipal Code from 5:00 AM to 1:00 PM on Sunday, June 23, 2024, to allow Iowa Multisport to utilize two golf carts for the Ames Triathlon at Ada Hayden Heritage Park. 2. Deny IM’s request and do not allow the use of motorized golf carts at the park. 3. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: IM has hosted four triathlons at Ada Hayden Heritage Park, and all have been successful in bringing many participants from Ames and around Iowa to the park. Staff met with representatives from IM multiple times leading up to the events as well as observed all the activities that took place at the park and feels IM was successful in ensuring participant safety. Having the ability to utilize golf carts will assist in transporting volunteers as well as participants in emergency situations. Therefore, it is the City Manager’s recommendation to approve Alternative #1 as stated above. 1 ITEM #: 15 DATE: 09-12-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: PLAT OF SURVEY (BOUNDARY LINE ADJUSTMENT) FOR 5517 & 5556 ARRASMITH TRAIL BACKGROUND: The subdivision regulations in Chapter 23 of the Ames Municipal Code include the process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting of property. The regulations also describe the process for combining existing platted lots or conveyance parcels in order to create a parcel for development purposes. A plat of survey is allowed by Section 23.309 for the consolidation of conveyance parcels and for boundary line adjustments. This proposed plat of survey is related to parcels located at 5517 and 5556 Arrasmith Trail outside of Ames but within the 2-mile Urban Fringe Area of Ames (see Attachment A). The proposal is for a boundary line adjustment between two existing, unplatted parcels to establish Parcels S and T (see Attachment B). Each parcel currently contains one single-family home, and each new parcel will also contain one single-family home. The property is zoned R-1 (Transitional Residential District) by Story County. Both properties have the same owners, who intend live at 5517 and intend to sell 5556 to their daughter and her family (who already live in the existing house). Access to both properties is from Arrasmith Trail. The owner proposes adjusting the boundary line so that the property with the house at 5556 is on a smaller parcel. The 5556 parcel, currently 3.09 acres, will shrink by 2.18 acres and be left with 0.91 acres (0.18 acres are road). The 5517 parcel, currently 3.59 acres, will grow by 2.18 acres to be 5.77 acres (0.38 acres are road). The 2.18 acres to be transferred is undeveloped and wooded. The 5517 parcel currently straddles Arrasmith Trail, which will continue to do. Both new parcels will meet minimum lot standards. The site is within the Fringe Area of Ames and designated as Rural Character and Natural Area. Adjusting the boundaries of existing parcels in a manner that does not create new developable area is consistent with the policies of the land use designations. Approval of this plat of survey will allow the applicant to prepare the official plat of survey and submit it to the Planning and Housing Director for review. The Director will sign the plat of survey confirming that it fully conforms to all conditions of approval. The prepared plat of survey may then be signed by the surveyor, who will submit it for recording in the Office of the Story County Recorder. 2 ALTERNATIVES: 1. Approve the proposed plat of survey. 2. Deny the proposed plat of survey on the basis that the City Council finds that the requirements for plats of survey as described in Section 23.309 have not been satisfied. 3. Refer this request back to staff and/or the owner for additional information. CITY MANAGER'S RECOMMENDED ACTION: The subject properties were originally part of a referral request earlier this summer to consider a subdivision to create an additional lot. This request was withdrawn in August and the owner then chose to proceed with the boundary line adjustment which does not require City of Ames to waive any subdivision standards. Staff has determined that the proposed plat of survey satisfies all Ames Subdivision Code requirements for a boundary line adjustment of existing lots and has made a preliminary decision of approval. No conflict exists with the existing Story County residential zoning standards as a result of the boundary line adjustment. Planners with Story County confirm that the play of survey meets with their requirements. As rural development, neither site meets urban development standards of the City; however, the boundary line adjustment does not trigger any additional infrastructure improvements per City requirements. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. 3 ADDENDUM Plat of Survey for 5517 & 5556 Arrasmith Trail Application for a proposed plat of survey has been submitted for: Conveyance parcel (per Section 23.307) Boundary line adjustment (per Section 23.309) Re-plat to correct error (per Section 23.310) Auditor’s plat (per Code of Iowa Section 354.15) Site Information: Owner: Comito Family Revocable Trust Robert W & Lynn Comito, Co-Trustees Existing Street Addresses: 5517 Arrasmith Trail 5556 Arrasmith Trail Assessor’s Parcel #: 05-23-175-100 05-23-110-180 Legal Description: See Attachment C. Public Improvements: The preliminary decision of the Planning Director finds that approval requires all public improvements associated with and required for the proposed plat of survey be: Installed prior to creation and recordation of the official plat of survey and prior to issuance of zoning or building permits. Delayed, subject to an improvement guarantee as described in Section 23.409. Not Applicable. (No additional improvements are required.) Note: The official plat of survey is not recognized as a binding plat of survey for permitting purposes until a copy of the signed and recorded plat of survey is filed with the Ames City Clerk’s office and a digital image in Adobe PDF format has been submitted to the Planning & Housing Department. 4 Attachment A – Location Map 5 Attachment B – Plat of Survey 6 7 Attachment C – Legal Descriptions Survey Description - Parcel S: Part of an existing tract in the Southeast Quarter of the Northwest Quarter of Section 23, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, said existing tract as shown on an unrecorded 1969 survey by R.J. Lubsen and described in a Warranty Deed filed at Inst. No. 2019-10602, said part being more particularly described as follows: Commencing at the Northwest Corner of said Southeast Quarter of the Northwest Quarter; thence S89°51 '59"E, 155.61 feet along the north line thereof to the centerline of Arrasmith Trail and the point of beginning; thence following the boundary of said existing tract S89°51'59"E, 21.76 feet; thence S12°13'34"E, 216.96 feet; thence S80°04'27"W, 56.80 feet; thence S01°21 '21 "E, 86.50 feet; thence N54 °45'33"W, 200.48 feet to the west line of said existing tract; thence following the boundary thereof N01°40'50"W, 63.20 feet; thence N29°56'33"E, 44.95 feet; thence N55°00'22"E, 157 .91 feet to the point of beginning, containing 0.91 acres, which includes 0.18 acres of existing public right of way. Survey Description - Parcel T: An existing tract, as described in a Warranty Deed filed at Inst. No. 2020-09093, and part of an existing tract, as shown on an unrecorded 1969 survey by R.J. Lubsen and described in a Warranty Deed filed at Inst. No. 2019-10602, all being located in the West Half of the Northwest Quarter of Section 23, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, and all together being more particularly described as follows: Beginning at the Southeast Corner of the North Half of the North Half of the Southwest Quarter of said Northwest Quarter; thence N89°01 '32"W, 520.59 feet along the north line of Lots 1 and 2 in the Auditor's Plat of the South Three Quarters of the Southwest Quarter of said Northwest Quarter; thence N22°54'45"E, 290.60 feet; the nce N68°36'12"E, 427 .00 feet to the east line of the Northwest Quarter of said Northwest Quarter; thence S00°18'40"W, 82.77 feet to the Southeast Corner thereof; thence S01°40'50"E, 193.12 feet; thence S54°45'33"E, 200.48 feet; thence S01°21'21"E, 95.00 feet; thence S01°19'22"E, 441.33 feet; thence N89°32'40"W, 160.16 feet; thence N01°19'32"W, 494.23 feet to the point of beginning, containing 5.77 acres, which includes 0.38 acres of existing public right of way. 1 ITEM # __16___ DATE: 09/12/23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: AWARD CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR THE DEVELOPMENT OF ADVANCED METERING INFRASTRUCTURE (AMI) BACKGROUND: The current metering used by Electric Services for its customers are digital meters that provide the total amount of energy used over a given time period. These meters require a person to travel within the vicinity of the meter on a monthly basis. The to tal energy used during that month is collected and the Electric customer’s bill is determined based on the monthly amount. With a more advanced metering system significant benefits can be realized in the areas of system outage notification, mid-month meter reads, time-of- use rates, demand side management improvements, feeder loading studies and remote connects/disconnects. Due to the growing energy demand by electric customers and recent targets that have been initiated in the Climate Action Plan, a need for more real-time metering of energy usage is warranted. The Electric Department staff has determined the need to move to an Advanced Metering Infrastructure (AMI) system that will allow for more real time and granular metering of electricity use and provide 2-way communication between the utility and the customer. The results of an in-progress Electric Rate Design study and the needs identified to comply with the Climate Action Plan are the driving force behind the de velopment of an AMI system to benefit the City Utilities in load forecasting, development of time-of-use rate capabilities, EV charging during off -peak times, solar production measurements, simplified meter reading, move-in/move-out reads and non-payment disconnects. The 2 way communication will bring new opportunities for demand response programs to reduce peak demand. A consultant with AMI expertise is needed to work with staff to define system requirements. The consultant will lead in the development of system specifications for the Advanced Metering Infrastructure (AMI) to be utilized by the Electric Services Department, Water and Pollution Control Department, and Utility Customer Services Division. The scope of services for the AMI consultant includes the following: 2 Phase 1: Needs assessment, cost analysis, analysis of potential infrastructures and device manufacturers, create a business plan for phasing and de ployment of the AMI project. Phase 2: Creation of technical specifications, identify key vendors for the Request for Proposal, provide analysis of the proposals received, perform reference checks and report finding to the AMI Project Team. The consultant will also provide contract support with the selected vendor and ongoing project management through initial infrastructure, software and hardware installation. On May 24, 2023, the City issued a Request for Proposals (RFP) through AmesBids, the City’s electronic bidding system. Thirty-one firms viewed the RFP opportunity. On June 20, 2023, staff received competitive proposals from twelve firms with eight responsive submissions. An evaluation committee consisting of staff from Electric Services, Water Pollution and Control and Finance reviewed the proposals. Below is a summary of the consultants, score, rank, and fee proposal. Consultants Score Rank Fee Proposal Power System Engineering, Inc, Madison, WI 3135 1 $109,360 Burns & McDonnell Engineering Company, Inc (1898 & Co), Kansas City, MO 2860 2 $141,775 Quanta Technology, Raleigh, NC 2731 3 $184,630 E Source Companies LLC, Boulder, CO 2620 4 $445,304 Black & Veatch Management Consulting, LLC, Overland Park, KS 2460 5 $443,812 Util-Assist Inc., Newmarket, ON 2444 6 $204,500 TMG Utility Advisory Services, Inc, Buda, TX 2378 7 $342,700 SL-serco, Inc, Minneapolis, MN 2018 8 $515,862 EnerNex, LLC, Knoxville, TN Non-Responsive EnTrust Solutions Group, Warrenville, IL Non-Responsive The Shpigler Group, Atlanta, GA Non-Responsive Toth & Associates, Inc, Springfield, MO Non-Responsive The evaluation committee evaluated and scored all the proposals based on the following: • Proposal methodology that demonstrates the ability to meet the scope of work. • Prior experience and demonstrated technical capability • Compliance with the RFP requirements 3 • Timely completion of the scope of services • Pricing The maximum possible score, combining all 8 evaluators was 4000. The knowledge and experience related scores represented 80% of the overall score, and proposed fees accounted for 20%. The evaluation team invited the top two consultants for interviews. The consultants were asked to provide a brief presentation introducing their team members, their roles and demonstrate their understanding of the scope of services. Interviews were evaluated by 7 evaluators based on: • Clear understanding of the project and scope of services • Knowledge & relevant experience in establishing an AMI system in a size of our community • Communication style, methods, and process • Completeness of addressing our questions during the interview • Interest in the project As with the proposal scoring, each criterion was weighted and give a scor e. The combined scores of the written proposals, interviews and references resulted in the following ranking. Consultants Score Rank Power System Engineering, Inc, Madison, WI 5995 1 Burns & McDonnell Engineering Company, Inc (1898 & Co), Kansas City, MO 5350 2 Based on these criteria, Power System Engineering was selected as the consultant that best meets the requirements of the development of the AMI infrastructure. Power System Engineering was the top ranked firm after the initial evaluation of their technical proposal and cost structure. They solidified themselves as the top choice during the interview and presentation stage by showing the evaluation committee their experience and knowledge in AMI consulting and RFP development. The committee felt that they were the consultant that would best keep the City’s interests as their top priority to make sure the vendor complies with contracts as the system are procured and installed. Funding for this project will come from the Advanced Metering Infrastructure project in the CIP, $100,000 from FY 2022/23 and $9,360 will come from FY 2023/24. ALTERNATIVES: 1. Award a contract to Power System Engineering, Inc of Madison, WI to conduct Phases 1 & 2 of AMI consulting for the City’s Electric Utility in the amount not to exceed $109,365. 4 2. Award a contract to one of the other consultants. 3. Direct staff to review other alternatives for developing the AMI Infrastructure for the City’s Electric and Water Utilities. 4. Postpone conducting the development of the AMI Infrastructure at this time. CITY MANAGER’S RECOMMENDED ACTION: Development of a modern metering infrastructure will benefit the electric and water utilities in significant areas and provide customer service access to real-time billing information. Having an AMI Consultant work with staff to better define electric and water utility needs and develop abiding material, is the first step in having an AMI system that will be an effective tool to develop customer-based programs that reduce outages, limit peaks and enhance services to the city ratepayers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as described above. 1 ITEM: 17 DATE: 09-12-23 DEPT: Electric COUNCIL ACTION FORM SUBJECT: WAIVE PURCHASING POLICIES AND AWARD UNIT 7 ELECTROSTATIC PRECIPITATOR ENCLOSURE BACKGROUND: Flue gases from the Power Plant’s boilers pass through electrostatic precipitators to remove particulate ash before the flue gas is exhausted to the outside air. The bottom of the Unit 7 precipitator is open to the outside. During cold weather, the fly ash in the hoppers and transport lines can fall below the dewpoint temperature and create plugging. The plugs cause operation and maintenance challenges for staff. The lines typically plug when it is very cold, which creates a difficult environment for staff to work in and manually unplug the lines. The Power Plant issued a request for bids for a project to enclose this portion of the precipitator in September 2022. There were no bidders, although several contractors visited the site. Staff reached out after the failed bid to get feedback on the project and was told it was a complicated project, there were difficulties locating material, and it would cost more than the $110,000 budgeted. In June 2023, Power Plant staff asked the contractor that held the plant maintenance contract for a quote to complete the work and the estimate was more than $270,000. The Power Plant is currently finishing a separate CIP project installing insulation and lagging on the Unit 8 precipitator. The contractor performing the work is Incorp Industries. The lagging material that is being installed on the Unit 8 Precipitator is similar to what is needed to enclose the open area on Unit 7. Staff asked Incorp for a quote to enclose three of the sides on the Unit 7 precipitator. Because the fourth side includes a rollup access door, this portion will be completed at a later time. Incorp proposed a cost of $64,500 to enclose the three sides. Incorp specializes in this type of construction and material installation and is currently on site, which is likely why it can perform the work at considerably lower cost. The Capital Improvements Plan includes a project for Power Plant Unit 7 Precipitator Enclosure. The FY 2022/23 budget includes $110,000 for the project. The engineering work has been completed by Electric Department staff, so the entire project budget is available for construction expenses. Awarding a contract to Incorp for this work will require a waiver of Purchasing Policies and Procedure requirements for competitive bidding. It is important to note that although normally this work would be awarded through competitive 2 bidding, the City’s Purchasing Division has determined that it is acceptable to waive the requirement since bids were solicited previously, the project did not receive any interest, and Incorp’s proposed cost is an obvious value compared with other estimates to complete this work. Additionally, staff has been satisfied with the work Incorp Industries performed the Unit 8 precipitator project, and can verify that Incorp is a responsible contractor. Incorp would be completing this Unit 7 precipitator enclosure contract under the same contract terms and conditions that were used for the Unit 8 project, which staff has already determined to be acceptable. ALTERNATIVES: 1. a. Waive the City’s purchasing policy requirement for formal bidding procedures for Unit 7 Electrostatic Precipitator Enclosure for the Power Plant b. Award a contract to Incorp Industries LLC, Evansville, IN, in the amount of $64,500 (inclusive of sales tax). 2. Do not approve and direct staff to solicit bids for these repairs. CITY MANAGER’S RECOMMENDED ACTION: The work is a planned project in the current CIP. Staff has identified a fiscally responsible way to complete the work and provide a safer working environment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 1 ITEM #: 18 DATE: 09-12-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: FY 2022/23 STORY COUNTY EDGE-OF-FIELD PROJECT BACKGROUND: On December 14, 2022, a contract was awarded to JEO Consulting Group (JEO) of Wahoo, Nebraska, in the amount of $41,200 for the preliminary and final design of bioreactors and saturated buffers to treat subsurface drainage from agricultural tile outlets for the Story County Edge-of-Field Project. Saturated buffers and bioreactors reduce the nitrogen discharge from subsurface field drainage before it enters a stream or other surface waters. These practices can be entered into the Iowa Nutrient Reduction Exchange and the nutrient reductions will be ‘banked’ for future use. On April 17, 2023, a Change Order was executed in the amount of $6,300 to add final design of bioreactors and saturated buffers for three tile outlets that were not originally included in the Scope of Work. An additional Change Order in the amount of $4,000 is needed to cover costs associated with redesign requests from the Natural Resources Conservation Service (NRCS). The NRCS oversees design and approval of these practices. JEO had nearly completed final design for saturated buffers associated with two tile outlets when the NRCS determined that these practices were not acceptable. JEO was able to provide acceptable designs by switching to bioreactors to treat the subsurface drainage from these two outlets. A summary of the contract history is as follows: Original Contract Price $ 41,200 Change Order #1 6,300 Change Order #2 (this action) 4,000 Adjusted Contract Price $ 51,500 This project is being funded from the FY 2022/23 Edge-of Field Project/Watershed-based Nutrient Reduction CIP, which is budgeted at $300,000 annually. Additionally, Story County Conservation and the Iowa Department of Agriculture & Land Stewardship are reimbursing the City for costs related to this project. The cost-share for design services is 1/3 each, meaning the net cost to the City for Change Order #2 will be $1,333. 2 ALTERNATIVES: 1. Approve Change Order #2 in the amount of $4,000 to cover costs associated with redesigning practices for the Story County Edge-of-Field Project to JEO Consulting Group of Wahoo, Nebraska. 2. Do not approve Change Order #2 and do not proceed with plans to treat subsurface drainage from the two tile outlets requiring redesign. CITY MANAGER’S RECOMMENDED ACTION: Treatment of subsurface drainage from agricultural tile outlets with bioreactors and saturated buffers is an effective method for reducing nutrient loading to surface waters. The Water & Pollution Control Department can ‘bank’ these nutrient loading reductions in the Iowa Nutrient Reduction Exchange and will be able to apply any banked reductions to future nutrient reduction requirements in the Water Pollution Control Facility’s National Pollutant Discharge Elimination System permit. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM #: 19 DATE: 09-12-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 MAIN STREET PAVER REPLACEMENT PROJECT (KELLOGG AVE – DOUGLAS AVE) & (DOUGLAS AVE – DUFF AVE) BACKGROUND: This project replaced the pavers that were installed with the Main Street Reconstruction project in 1999. At that time, the pavers were an aesthetic upgrade to traditional concrete sidewalks. Over time, the pavers have proven to be difficult to maintain and crews spend considerable time to level or replace pavers. Additionally, ice control chemicals applied by adjacent businesses have led to accelerated deterioration of the pavers. This project included final phases of paver installation along Main Street from Kellogg Ave to Duff Ave. On April 26, 2022, City Council awarded this project to Con-Struct, Inc., of Ames, IA in the amount of $333,333. Two change orders were administratively approved by staff during construction. Change Order No. 1 in the amount of $6,000 included the demolition of the artistic light columns along Main Street. Change Order No. 2 in the amount of $36,367.15 included additional paver material necessary to complete the remainder the paver replacement along Main Street, including paver material that was not avai lable during the initial phases of the project due to manufacturing constraints. Change Order No. 3 (this Council action), a deduction in the amount of ($10,154), is the balancing change order for the project and reflects the field installed quantities. Construction was completed in the amount of $365,546.15. Funding for this project was included in the Capital Improvements Plan in FY 2022/23 in the amount of $350,000. An additional $25,500 was transferred from the Streetscape Enhancement CIP to cover project expenses, bringing available funding to $375,500. Remaining funding will be returned to the Streetscape Enhancement CIP program to fund program priorities. ALTERNATIVES: 1. a.) Approve Change Order No. 3 for the 2022/23 Main Street Paver Replacement Project, a deduction in the amount of $10,154. b.) Accept the 2022/2023 Main Street Paver Replacement Project as completed by Con-Struct, Inc, of Ames, IA in the amount of 365,546.15. 2. Direct staff to make changes to the project. CITY MANAGER’S RECOMMENDED ACTION: City staff has worked closely with local businesses, residents, and the Ames Main Street organization to complete this upgrade of the paver infrastructure. The final product has resulted in an improvement both aesthetically and structurally along the paver sidewalk. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ITEM #: 20 DATE: 09-12-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2021/22 SHARED USE PATH SYSTEM EXPANSION (SOUTH OF LINCOLN WAY PATH EXPANSION) BACKGROUND: This program provides for construction of shared use paths on street rights -of-way, adjacent to streets, and through greenbelts. The Metropolitan Transportation Plan (MTP) identifies those paths that separate bicycle traffic from higher-speed automobile traffic. This path section from Franklin Park to S. Wilmoth Avenue was another project identified from the 2040 MTP. (See Attached Map) On August 9, 2022, City Council awarded the project to Howrey Construction, Inc. of Rockwell City, Iowa in the amount of $216,405.80. The final balancing change order was approved in the deduct amount of ($2,564.99) to reflect finished measured quantities, bringing the final construction cost to $213,840.81. The revenues and expenses for this project are as follows: Revenues Expenses Local Option Sales Tax $290,000 Administration $ 32,000.00 Design $ 32,800.00 Construction $213,840.81 Total $290,000 Total $278,640.81 ALTERNATIVES: 1. Accept the 2021/22 Shared Use Path System Expansion (South of Lincoln Way Path Expansion) project as completed by Howrey Construction, Inc. of Rockwell City, Iowa in the amount of $213,840.81. 2. Direct staff to pursue modifications to the project. CITY MANAGER’S RECOMMENDED ACTION: The project has now been completed in accordan ce with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. BEYER CT LINCOLN WAY TRIPP ST STATE AVE DOTSON DR COY ST BEEDLE DR S WILMOTH AVE S FRANKLIN AVE MARIGOLD DR HARRIS ST WOOD ST APLIN RD HILLTOP RD STORY ST S SHELDON AVE HICKORY DR LETTIE ST HYLAND AVE CAMPUS AVE HOWARD AVE WILMOTH AVE FRANKLIN AVE SUNFLOWER DR COLORADO AVE HUNT ST COCHRANE PKWY S HYLAND AVE MARSHALL AVE KNAPP STVILLAGE DR FRONTAGE RD MCDONALD DR TRAIL RIDGE RD MORNINGSIDE ST BELLFLOWER DR STORY ST N 1 inch = 583 feet Shared Use Path System ExpansionSouth of Lincoln Way Path BEYER CT UNION DR LINCOLN WAY TRIPP ST WEST ST WOODLAND ST COY ST STATE AVE DOTSON DR BEEDLE DR HYLAND AVE CAMPUS AVE SHELDON AVE ARBOR ST HICKORY DR FRANKLIN AVE S WILMOTH AVE S FRANKLIN AVE MARIGOLD DR HARRIS ST WOOD ST APLIN RD HILLTOP RD STORY ST S SHELDON AVE CRANE AVE LETTIE ST ELLIS ST HOWARD AVE WILMOTH AVE WESTWOOD DR SUNFLOWER DR COLORADO AVE HUNT ST COCHRANE PKWY S HYLAND AVE MARSHALL AVE KNAPP ST OLIVER AVE VILLAGE DR TRAIL RIDGE RD FRONTAGE RD HILLCREST AVE MCDONALD DR MORNINGSIDE ST BELLFLOWER DR LATIMER LN STORY ST Se gmen t Complete d Th is Project (2022 -23 Completion) Constructio n w ith Baker Sub division ITEM #: 21 DATE: 09-12-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/2023 PAVEMENT RESTORATION – SLURRY SEAL PROGRAM BACKGROUND: The Slurry Seal Program is an annual program that levels joints and provides a new thin wearing surface for traffic, predominately on residential streets, limiting the typical disruption to residents to no more than one day. The techniques in this program are typically more specialized and larger in scope than can be performed with City maintenance staff. A list of project locations completed for the 2022/23 project season is show below: Hunziker Drive Roosevelt to Ferndale Harding Avenue 10th to 13th Harding Avenue 13th to 16th Bel Air Drive 16th To Coolidge Bel Air Circle Alabama Lane Ontario to Toronto Alberta Avenue Ontario to Toronto Arizona Avenue Ontario to Toronto Edison Street Carnegie to Whitney Johnson Street Northwestern to Kennedy Kennedy Street Northwestern to Ferndale Johnson Street Hoover to Northwestern 25th Street Tyler to Northwestern 26th Street Ferndale to Melrose 26th Street Melrose to Northwestern 15th Street Grand to Wilson Wilson Avenue 13th to 16th Slurry Seal Proposed Locations On February 28, 2023, City Council awarded this project to Fort Dodge Asphalt Company of Fort Dodge, IA in the amount of $210,646.60. One change order, a deduction in the amount of ($15,271.10), was administratively approved by bringing final construction costs to $195,375.50. There is $250,000 of Road Use Tax funding allocated to this program annually in the Capital Improvement Plan. With accumulation of program carryovers, $491,218 remains available for this project. Revenue savings will be utilized for other pavement restoration priorities. ALTERNATIVES: 1. Accept the 2022/2023 Pavement Restoration – Slurry Seal Project as completed by Fort Dodge Asphalt Company in the amount of $195,375.50. 2. Direct staff to make changes to the project. CITY MANAGER’S RECOMMENDED ACTION: The project is now complete with an improved riding surface from streets receiving a new wearing surface and dips in pavement joints leveled in neighborhoods. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM#: 22 DATE: 09-12-23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: AIRPORT UNDERGROUND ELECTRIC LINE CROSSING - CONTRACT COMPLETION FOR VOLTMER ELECTRIC BACKGROUND On January 24, 2023, the City Council approved plans and specifications for the Airport Underground Electric Line Crossing Project. Recent additions to the Bricktowne Development along S. Duff Avenue and the ISU Research Park have placed increased demand on the City’s electric system south of U.S. Hwy. 30. A buried electric line that crosses underneath the Ames Airport and ties into the feeder serving the ISU Research Park (South Riverside Drive) to South Duff Avenue was designed to support this growth and provide for increased reliability. A contract was awarded on March 14, 2023, to Voltmer Inc, Decorah, IA, in the amount of $217,375 (inclusive of Iowa sales tax). There were no Change Orders. All the requirements of the contract have been met by Voltmer Inc. and the Engineer has provided a certificate of completion. Funding for the Airport Underground Electric Line Crossing Project was budgeted in the FY 2022/23 Operating Budget for Underground System Improvements in the amount of $331,000. ALTERNATIVES: 1. Accept completion of the contract with Voltmer Inc, of Decorah, IA, for the Airport Underground Electric Line Crossing project in the amount of $217,375. 2. Delay acceptance of this project. CITY MANAGER’S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM #: 23 DATE: 09-12-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: FINAL COMPLETION OF WATER TREATMENT PLANT HIGH SERVICE PUMP VARIABLE FREQUENCY DRIVE (VFD) BACKGROUND: The Water Treatment Plant includes a high service pump station that delivers finished drinking water into the distribution system for use by the Ames community. This supplements the high service pump station that remains in use at the former treatment plant site, increasing redundancy and resiliency in the event of a disaster and providing a more consistent and even pressure in the water distribution system. When pumps are suddenly started or stopped, it can cause a momentary change in the water distribution system pressure. These pressure swings contribute to rusty water calls and, if severe enough, can cause water main breaks. One way to soften the pressure spikes is to start and stop pumps slowly using a variable frequency drive (VFD). This project installed a new VFD unit to control one of the pumps at the Water Treatment Plant, and included all required connections, electrical equipment, and control system integration services needed to allow proper operation of the VFD. The VFD allows the pump to accelerate and decelerate slowly, limiting the pressure swings. Additionally, it allows the pump to be operated at a lower flow rate, giving the plant operators greater flexibility in setting the rate that water is pumped into the distribution system. Over time, additional VFD installations in the water system are planned. On February 14, 2023, Council awarded a contract to Electric Pump of Des Moines, Iowa, in the amount of $59,395. All work on the project was completed in accordance with the plans and specifications on August 9, 2023. A Statement of Completion has been prepared by staff and the project is now ready for acceptance by the City Council . The work was designed in-house so there were no engineering fees, and there were no change orders during the execution of the contract. The project budget is shown below. Expenses Funding Electric Pump Contract $ 59,395 FY 2022/23 CIP $ 75,000 Water Plant Facility Improvements Project $ 59,395 $ 75,000 2 ALTERNATIVES: 1. Accept final completion of the Water Treatment Plant High Service Pump Variable Frequency Drive Project by Electric Pump and Tool Service in the amount of $59,395. 2. Do not take any action at this time and provide direction to staff on the actions needed to close out the project. CITY MANAGER’S RECOMMENDED ACTION: All work for this project has been completed in accordance with plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 3 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 August 22, 2023 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Aspen Business Park 3rd Addition (Tailwind /Quarters) 2600000229.20-00- Final Mayor and Council Members: I hereby certify that all public improvements required as a condition for approval of the final plat of Aspen Business Park 3rd Addition (Tailwind/Quarters), have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced in full. Sincerely, John C. Joiner, P.E. Director JJ/cc cc: Finance, Developer, Planning & Housing, Subdivision file Item No. 24 1 ITEM#: 25 DATE: 09-12-23 DEPT: ADMIN COUNCIL ACTION FORM SUBJECT: PUBLIC MEETING DECORUM STANDARDS BACKGROUND: On March 22, 2022, the City Council requested that a memo from staff be placed on a future Council agenda regarding standards for decorum at public meetings. Having a clear set of rules in place for conduct at meetings ensures: 1) that participant expectations have been made clearly known, and 2) that follow-up actions can be taken to address behaviors that violate these expectations, if necessary. On August 8, 2023, staff presented a proposed set of standards to the City Council. The City Council provided feedback which required modifications to be made. The attached list contains the proposed standards as revised by the City Council at that meeting. ALTERNATIVES: 1. Adopt the attached Standards for Decorum for public meetings. 2. Modify the attached Standards for Decorum. 3. Do not approve Standards for Decorum for public meetings. CITY MANAGER’S RECOMMENDED ACTION: Public participation in decision-making is an important aspect of government in Ames. The proposed Standards for Decorum emphasize the need to respect other participants in public meetings. In maintaining a respectful and constructive discussion, the goal is that community members with interest in City business will be welcome to participate in the process. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2 City of Ames Public Meeting Standards for Decorum The Ames City Council is committed to respectful, participatory dialogue regarding issues facing the community. In City Council meetings and other City proceedings, it is expected that members of the public respect one another by following these standards for decorum: 1. The time for each speaker may be limited at the discretion of the Chairperson to ensure an opportunity for each person to be heard. Please conclude your remarks before the time limit has been reached. Unless permitted by the Chairperson, it is only allowed for each speaker to offer remarks once per agenda item. 2. Remarks should be focused on matters of City policy and City business. At no time is it appropriate to use profane, obscene, or slanderous language, or to engage in personal attacks against City officials or members of the public. 3. To ensure an orderly discussion, comments should be delivered from the podium and addressed to the City Council dais, not the gallery (audience). It is not appropriate to speak from the gallery or to applaud or make other gestures that interfere with the proceedings, unless invited by the meeting chair to do so. 4. The public may approach the dais only for the purpose of passing materials to City staff for distribution around the dais. 5. Audience members may stand so long as they are not obstructing the view of others or interfering with the ability of others to participate in the meeting. At no time is it appropriate to stand on tables or chairs. 6. To ensure other attendees and broadcast viewers are able to see the proceedings, signs and posters are permitted if they are held in a manner that does not obstruct others’ views of the proceedings. Signs and posters may not contain profane, obscene, or slanderous content, or content that personally attacks a City official or member of the public. If a speaker wishes to refer to a drawing or text, they may request that a staff person place the document on the projector during the discussion. 7. Attendees are not required to wear formal attire. However, it is expected that clothing and footwear are worn, and that they are worn in a manner that is respectful of the proceedings and of others. Attire must be worn so as to not distract from, interfere with, or obstruct the proceedings or other attendees. 8. Out of respect to all, mobile phones and other devices must be silenced. Side conversations during meetings should be avoided. If you have to engage in a conversation or answer a call, please step into the hallway. 9. The Chairperson has discretion to interpret and enforce these standards and may announce modifications to them as necessary to ensure orderly proceedings. ITEM #: 26 _ DATE: 09-12-23 COUNCIL ACTION FORM REQUEST: PRELIMINARY PLAT FOR JT WAREHOUSE SUBDIVISION LOCATED AT 4098 EAST 13TH STREET BACKGROUND: The subject site is owned equally by Todd Reuter- 50% and Jordan Elwell Properties, LLC – 50%, who request approval of a two lot Preliminary Plat for 55.18 acres located at 4098 East 13th Street. (See Location Map Attachment A) A rezoning with Master Plan was approved in July, which rezoned the property from Planned Industrial (PI) with the Northeast Gateway Overlay (O-GNE) to General Industrial (GI) with a Master Plan and no overlay. (See Zoning Map Attachment B) The proposed Preliminary Plat includes 2 lots and infrastructure improvements along the frontage that are planned for industrial development. (See Attachment C) The developer intends to construct two warehouses on Lot 1 (42.88 acres) and smaller offices or industrial services on Lot 2 (10.36 acres). The plat also contains two street lots (Lot A & B) for 13th street right-of-way dedication. Utilities will be extended into the subdivision along East 13th street including water and sanitary sewer to serve both lots. Water service already exists along the west boundary of the site. The developer proposes to utilize a planned city extension of a sewer line along E 13th Street from Dayton Avenue to 570th Street adjacent to this site. The east terminus of the extension could vary based on the project bids submitted to the City later this month. The proposed extension is currently out for bid by the City with bids due on September 20th. The developer would be required to make any extension of infrastructure needed to serve the site if the City project does not match what is shown in the preliminary plat. This decision would be made prior to final plat approval. A traffic study was completed to analyze traffic volumes and truck turning movements along E. 13th Street. A turn lane will be constructed on the south side of East 13th Street for access into the two new lots. Shared access easements are also coordinated between the two lots. Sidewalk is being provided along the E. 13th frontage. A more detailed sidewalk discussion is provided in the addendum. The preliminary plat includes a proposed grading plan for building areas upon each lot and for conveyance of storm water runoff to treatment areas. A stormwater detention facility is planned at the southwest corner of the site that will serve both lots of the development. The storm water management plan complies with City design requirements subject to the property owner providing confirmation of federal Army Corps of Engineers concurrence that there are no jurisdictional waters of the United States present on the site. Site improvements, including grading, will be limited until there is confirmation by the Army Corps. The site is part of rural water territory buyout agreement with the Iowa Regional Utilities Association for service by the City from 2016. The Ames Municipal Code 23.404 states the City Council may require proof of buyout and a territory transfer prior to preliminary plat approval. The applicant has not yet completed this step and requests the preliminary plat be approved with outstanding buyout terms to be resolved prior to final plat. City Code allows for Council to defer this action to Final Plat or to a schedule established by City Council. Staff supports deferring this territory transfer requirement due to the existing water buyout agreement that is already in place for this property. PLANNING & ZONING COMMISSION RECOMMENDATION: At the September 6th Planning & Zoning Commission Meeting the Planning & Zoning Commission discussed the Preliminary Plat. Staff gave a presentation. A Commission member asked about water flow through the site and the proposed stormwater design. Staff explained that the Stormwater Management Plan was designed to handle current and future stormwater to City standards. The Planning & Zoning Commission voted 5-0 to recommend approval of the Preliminary Plat at 4098 East 13th Street to the City Council. ALTERNATIVES: 1. The City Council can approve the Preliminary Plat for the JT Warehouse Subdivision located at 4098 East 13th Street, subject to City Council approval of the extension of the offsite sanitary sewer to the site with the following conditions: A. Defer rural water territory buyout and transfer requirements to final plat approval. B. That the East 13th Street Sewer Extension Project for extension of the trunk line to 570th Street is approved by City Council prior to approval of Final Plat with a condition that any length of sanitary sewer trunk extension that is not included within the City’s approved extension will be the requirement of the property owner to connect to the City’s extension and then extend across their property frontage. C. Grading and site improvements are subject to conformance to the final storm water plan as approved by the City’s Municipal Engineer. 2. The City Council can approve the Preliminary Plat with modifications. 3. The City Council can deny the Preliminary Plat for 4098 East 13th Street if it finds the Preliminary Plat does not meet the requirements of Section 23.302(3)(b) of the Ames Municipal Code and by setting forth it’s reasons to disapprove or modify the proposed preliminary plat as required by Section 23.302(4) of the Ames Municipal Code. CITY MANAGER’S RECOMMENDED ACTION: Upon review of the Preliminary Plat staff has found that the plat meets the requirements of Chapter 23 and the Rezoning Masterplan approved in July. Lot layout and design as well as utilities connections and storm water design have been reviewed by staff and found to meet City standards. The Developer is currently working to provide proof of water territory rights transfer to the City. With the planned extension of the 18-inch sewer to this project site, development will be able to comply with City standards. City Council is tentatively scheduled to award the bid for the project on September 26th. Therefore, it is the recommendation of the City Manager that the City approve Alternative #1. Addendum Project Location. The project site is located at 4098 East 13th Street along the south side of East 13th between East 13th Street and the Union Pacific Railroad line. (See Attachment A- Location Map) Master Plan Compliance. The Preliminary Plat for this development is in conformance with the approved Master Plan, which illustrates the general arrangement of uses, layout of development and conservation/open space areas, planned transportation connections, and developable acres. Traffic and Street Connections. East 13th Street will provide access to the subdivision to the north. East 13th Street connects to I-35 to the west and also provides access eastward into unincorporated Story County. East bound turn lanes will be added to the south side of East 13th Street and provide access for both lots in the subdivision. The developer and staff have determined that the proposed turn lane meets city standards for street construction. Shared Use Paths, Sidewalks, and Trails. The developer is responsible for constructing a standard Sidewalk along the south side of East 13th Street for the length of the subdivision in accordance with City Standards. The City’s Ames Plan 2040 Comprehensive Plan shows a shared use path along the north side of East 13th Street extending to 570th Avenue which is near the northwest corner of the subdivision. Future improvements to the intersection of East 13th Street and 570th Avenue will require a crossing from the north side of East 13th Street to the standard sidewalk at the northwest corner of the subdivision at a later date, independent of this subdivision proposal. Stormwater Management. Stormwater management will occur for the subdivision on the southern edge of both lots to account for stormwater that is produced by future development as well as to accommodate existing unbuilt water flows according to City standards. The waterway in this area is not expected to be jurisdictional as “waters of the US”, a letter of waterway determination from Army Corps of Engineers is still forthcoming. If it is jurisdictional any work in that area would be subject to federal permitting requirements in addition to City requirements. A letter of determination from the Army Corps of Engineers is required to determine whether a swale through the site is a waters of the United States as a wetland. Preliminary indication are that the area does not qualify as a waters of the United States and that the proposed storm water management plan conforms to City standards. grading and site improvements are subject to final approval of the storm water plan by the City’s Municipal Engineer. The waterway accommodates overland water flow from the northeast to southwest bisecting through the site diagonally. In times of particularly heavy rain in a short period this flow of water can become heavy and on rare occasion has overtopped East 13th Street in its exiting rural design. The developer’s engineer has designed the stormwater management of the site to account for this existing flow in addition to future development by diverting the stormwater to new areas of the site to flow into the stormwater detention areas on lots 1 and 2. Utilities and Easements. The site is part of rural water territory buyout agreement with the Iowa Regional Utilities Association for service by the City. Chapter 23 requires buyout of territory prior to plat approval or on a schedule as agreed upon by City Council. The developer is aware of this requirement for platting. City Water service will be provided from East 13th Street via a 12-inch watermain running along East 13th Street to serve each lot. Sanitary Sewer will be available from the west running along East 13th Street. The project will extend 18” sanitary sewer from the west along 13th Street to the subdivision. The final east end of the City project could vary based on the project bids submitted to the City later this month. The applicant will not be able to connect to sanitary sewer until the project is completed. The applicant will then extend Sanitary sewer across the remainder of their site in accordance with improvement standards. Electrical Electrical service will be provided to the subdivision from Consumers Electric services. Floodplain A very small area of General Floodplain exists on the far southwest edge of Lot 2. The developer does not propose to impact this area as it will be left alone adjacent to the stormwater detention basin. Development or disturbance of areas designated as General Floodplain is restricted to Floodway standards unless it is mapped to delineate Floodway Fringe from Floodway. Attachment A- Location Map Attachment B-Current Zoning & Masterplan Attachment B (Cont.)- Masterplan Excerpt Attachment C- Preliminary Plat Attachment D: Applicable Subdivision Law The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the following: (verbatim language is shown in italics, other references are paraphrased): Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine whether the subdivision conforms to its Land Use Policy Plan. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Ames Municipal Code Section 23.302(5 & 6): (5) City Council Review of Preliminary Plat: All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with these Regulations. The City Council shall examine the Preliminary Plat, any comments, recommendations or reports examined or made by the Planning and Zoning Commission, and such other information as it deems necessary and reasonable to consider. (6) City Council Action on Preliminary Plat: (a) Based upon such examination, the City Council shall determine whether the Preliminary Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. In particular, the City Council shall determine whether the subdivision conforms to minimum levels of service standards set forth in the Land Use Policy Plan for public infrastructure and shall give due consideration to the possible burden of the proposed subdivision on public improvements in determining whether to require the installation of additional public improvements as a condition for approval. (b) Following such examination and within 30 days of the referral of the Preliminary Plat and report of recommendations to the City Council by the Planning and Zoning Commission, the City Council shall approve, approve subject to conditions, or disapprove the Preliminary Plat. The City Council shall set forth its reasons for disapproving any Preliminary Plat or for conditioning its approval of any Preliminary Plat in its official records and shall provide a written copy of such reasons to the developer. 1 ITEM #: 27 DATE: 09-12-23 DEPT: P&H Staff Report REZONING REQUEST OPTIONS FOR PROPERTY LOCATED AT 102 & 116 NORTH HYLAND AVENUE BACKGROUND: City Council referred a request on July 11 from Eric & Shelly Mathre, the owners of 102 and 116 North Hyland Avenue and the Campus Garage, to consider options for rezoning to allow for lot consolidation and improvements related to their existing auto repair business. The properties are both zoned Residential High Density (RH), and the existing auto repair facility is a nonconforming use and contains nonconforming site improvements. The two sites have been zoned RH since 2000. The property at 102 North Hyland is at the corner of Lincoln Way has the auto repair business. The property at 116 North Hyland is vacant. The 116 North Hyland vacant lot was the subject of a code enforcement complaint this spring, relating to the creation of an illegal rock parking area. This code enforcement issue precipitated the owner’s request for a change to the zoning code. The owner would like to provide additional parking for their business north of the existing building on what is currently a separate lot; however, this is not an allowed use within RH zoning nor is a rock parking lot an allowable improvement. In response to the complaint, the City contacted the owner this past spring regarding the placement of rock on 116 North Hyland and illegal parking on the rock area. The owner has restricted the parking of vehicles on the rock area while working with the City on zoning options to potentially facilitate his desired use of the property. Ultimately, the rock will need to be removed from 116 North Hyland Avenue if a commercial rezoning and site development plan are not approved for paving and landscaping of the 116 North Hyland. Through discussions with the property owner, they have indicated that they would like to seek a way to improve the site and comply with the zoning site standards of the Ames Municipal Code. However, as a nonconforming use there are limited options to achieve their goals without changes to land use policy or zoning for the site. Staff has talked through a handful of zoning options that appear to provide some possibility of partially achieving the owner’s plans. Staff has made the owner aware these are not guaranteed solutions due to policy issues of a nonconforming use and planned long term redevelopment for the general area. 2 Land Use Designation Currently, the underlying land use designation at 102 & 116 Hyland Avenue in the Ames 2040 Comprehensive Plan is Urban Corridor. Urban Corridor (UC) is a new land use designation created at the time of adoption of Plan 2040. (See Attachment A -Map) For the most part, the UC designation is focused on intensifying use in relation to a multi- modal corridor, supporting housing and mixed use. Other interests are also described for enhancements to the area. (See Attachment B- Plan Excerpt.) This site was also discussed within the Lincoln Way Corridor Plan as an opportunity site for aesthetic improvements to the corridor and for mixed use development, which is partially the basis for the UC designation within Plan 2040. The UC Designation is a new concept of Plan 2040 and does not have a readily identifiable implementing zoning district as part of the current Zoning Ordinance. The Implementation Chapter includes an action to create new zoning standards related to commercial zoning districts, including the UC, but commercial zoning changes have not yet been prioritized for implementation. The only current zoning district related to UC is the Overlay-Lincoln Mixed Use (O-LMU), which addresses allowances for adding housing to sites with commercial uses and some design attributes oriented towards Lincoln Way. The Overlay does not change the underlying base zoning use standards and does not resolve the property owners’ interests. OPTIONS: The current use does not fit the expected vision for the area due to its older site layout and type of use as a vehicle service facility. The commercial site has been zoned residential since 2000 and the vehicle repair facility has been nonconforming since that time. The vacant lot has been residentially zoned for decades and previously included a rental dwelling house that was demolished in 2008. A vehicle service repair facility is mostly commonly found in the Highway Oriented Commercial (HOC) and the General Industrial zoning districts. Rezoning a site to HOC would fit all the owners’ interests to expand their commercial use. Although the use provides services to the general area and broader community, it is considered a low-intensity use compared to opportunities for infill development along Lincoln Way. These are reasons for the current UC land use designation and the older RH zoning for the site. This is also why applying HOC zoning to this site has questionable consistency with Ames Plan 2040. With the lack of clarity regarding zoning options for the site if it is not maintained as RH, staff has prepared a range of options for City Council to consider in response to the owners’ request. These options address issues related to zoning for the principal use as well as site improvements that would improve the aesthetic of the site. The owners have also indicated to staff that they want to continue their businesses for the foreseeable future and potentially invest in site improvements for the longer-term 3 use of the site. They do not anticipate selling the site for redevelopment in the near future. Option 1- Determine that rezoning the properties to Highway Oriented Commercial (HOC) is a corresponding zoning district for the Urban Corridor To directly allow for the property owner’s request to expand the use, City Council would need to interpret Ames Plan 2040 regarding an appropriate corresponding zoning district to the Urban Corridor designation. The Urban Corridor Designation does not have a direct implementing base zoning district. HOC allows for the Vehicle Service Facility use that currently exists and would remove the nonconforming use status for the site. The property owner could make improvements considered with parking and landscaping requirements. The owner has not indicated there would be any increase in building size or number of service bays. Staff believes a Masterplan would be required as part of a rezoning to HOC to govern any future site plan layout for parking, circulation, and landscaping. Staff would emphasize a need for improvements along Lincon Way with any Master Plan. Support for an actual rezoning application would still need to be reviewed for consistency with the goals of UC and the Lincoln Way Corridor Plan. The rezoning Master Plan could include conditions to improve the Lincoln Way frontage along with other site improvements to have additional parking and storage areas. With this option, City Council would make a motion indicating it would consider a rezoning application by the property owner without needing a Plan 2040 map amendment. Option 2-Initiate an Ames Plan 2040 Land Use amendment to Community Commercial is required along with the HOC rezoning request HOC is a direct implementing zone of the Community Commercial (Com CR) land use designation. If City Council believes changing the land use designation at this location from Urban Corridor to Community Commercial would be appropriate given the request from the property owner and the existing conditions at this location, a land use amendment could be done followed by a rezone to HOC. This process brings the land use designation and rezoning of this site into alignment with the current use in support of its expansion. It changes the current Plan 2040 vision from future intensification to addressing immediate needs related to the current business. The policy question is whether to change from Urban Corridor to Community Commercial, rather than what type of zoning district implements the UC designation. With this process, staff would recommend a Master Plan to address the same issues identified with Option 1. With this option, City Council would pass a motion directing the property owner to file a Minor Comprehensive Plan Map amendment application concurrent with a 4 rezoning and master plan application. Option 3- Take No Action and Property Owner Initiates Expansion of Non- Conforming Use As staff has further reviewed the nonconforming conditions and the owners’ request, staff determined that a partial expansion could be approved under the current RH zoning designation as permitted by current Zoning Ordinance standards. The Zoning Ordinance has non-conforming use expansion allowances that can be approved with a Special Use Permit reviewed by the Zoning Board of Adjustment, subject to no intensification of use of the auto repair facility (measured by service bays) and the expansion conforms to all zoning standards. In this case, front yard parking is not allowed in RH, so paving would be restricted to the back half of undeveloped site of North 116 Hyland Avenue. This would allow some additional storage area. Making incremental improvements along Lincoln Way for landscaping and vehicle setbacks with a Special Use Permit would be a priority for staff related to allowing other improvements on the site or abutting site. Staff has discussed this option with the owner to make them aware of this as a fallback option if there is no zoning change. With this option, City Council would take no action on the rezoning referral request. Option 4- Determine a rezoning to Neighborhood Commercial for Expansion of a Non-Conforming Use and Site Improvements Implements Plan 2040 Policies Relying on the current Zoning Ordinance options without a Plan 2040 amendment, there is a hybrid approach of combining commercial zoning site standards and non-conforming uses within the Neighborhood Commercial base zoning. Staff believes the Neighborhood Commercial (NC) zoning district would fit the intent of the UC designation as an implementing zoning district with its allowed mix of housing and commercial use allowances and design standards. However, auto repair is not a permitted use in the zoning district, but it would adjust the nonconforming expansion allowances compared to RH zoning. Rezoning the site to NC would be very similar to Option 3 for expansion of a non- conforming use, but it would allow for more paving on 116 North Hyland Avenue than under RH zoning since there is not a front yard parking prohibition. The main vehicle service facility use would remain nonconforming, but additional site improvements could occur via Special Use Permit. Other features of the site would still be nonconforming as they are in RH, such as parking in front of the building along Lincoln Way. This would maintain the Vehicle Services Facility use as a nonconforming use but shift the property to a commercial zoning designation that does not require a land use amendment as NC is a compatible use with existing commercial and residential land uses 5 across the City. NC zoning also allows for mixed use development which remains in line with the vision of the Urban Corridor for future redevelopment options. The parking along Lincoln Way and Hyland would still be nonconforming between the front facades of the building and the street, but a future parking lot expansion to the north would not be between a front façade and the building otherwise and would allow for more improvements than would be allowed under RH as a nonconforming use expansion. Incremental Lincoln Way improvements would still be desirable. The property owner could directly apply for NC rezoning, no action by City Council would be needed to amend Ames Plan 2040. A Master Plan could still be required with the NC rezoning and improving the frontage along Lincoln Way could be required in conjunction with adding parking and storage to the 116 N Hyland site. With this option, City Council would make a motion indicating it would consider a rezoning application by the property owner without requiring a Plan 2040 map amendment. STAFF COMMENTS: Although the genesis of this request was a code enforcement action, the interests of the small business operator brings an implementation question of Ames Plan 2040 to the City Council as a policy issue. Overall, the intent for long term redevelopment of the site is clear within the UC designation and Lincoln Way Corridor Plan for future intensification. Part of the site has been zoned for redevelopment for 20+ years, but the owner desires to continue to operate the business rather than redevelop. Typically, a property owner does not seek a referral from Council for a rezoning application because there is usually clear consistency for implementation of the comprehensive plan. In this case it is not clear due to recency of Plan 2040’s adoption and the owner did not want to invest time and money in an endeavor the City Council did not believe to be consistent with structure of the Ames Plan 2040. Option 1 and Option 2 require direction from City Council for the property owner to proceed and fully utilize his site for commercial purposes as he desires. Without City Council direction regarding the UC land use designation, the owner could proceed under Option 3 or Option 4 and have some limited opportunities for improvements to the site. Staff would expect that the owner improve the parking separation and landscape area along Lincoln Way as a result of any improvements to the site with any of the options presented in this report. These types of improvements are consistent with goals of the UC designation and Corridor Plan to improve the aesthetics and user experience of pedestrians in this area. If City Council determines that considering HOC zoning for the site in support of the current use is priority for the corridor over longer term visioning, staff would 6 recommend pursuing Option 2 for a change of the use designation to Community Commercial (Com CR) which has HOC as an implementing zoning district. This approach maintains the integrity of the UC designation for other properties where an emphasis on mixed use, intensification, and multi-modal corridor improvements are the priority compared to Com CR designation which prioritizes commercial interests. Options 3 and 4 require no policy changes by City Council and the owner could pursue either option as they so choose. 7 Attachment A- Location Map & Land Use Designation 8 Attachment B- Urban Corridor Designation Comp Plan Excerpt 1 ITEM #: 28 DATE: 09-12-23 DEPT: P&H Staff Report REQUEST TO AMEND AUBURN TRAIL CONTRACT REZONING AGREEMENT FOR SHARED USE PATH September 12, 2023 BACKGROUND: At the City Council meeting on August 22, 2023, based upon a prior referral request, the City Council directed that this item be placed on a Council agenda. In a letter dated July 13, 2023, Justin Dodge of Hunziker Companies requested an extension related to construction of a shared use path along Hyde Avenue. The obligation is included within a Contract Rezoning Agreement for the proposed Auburn Trail Subdivision located at 4605 & 4514 Hyde Avenue. The Agreement was approved on July 21, 2021, between the City and two property owners: Erben Hunziker and Margaret Hunziker Apartments, LLC and Hunziker Development Group, LLC. The current trigger for construction of the shared use path as stated in the agreement is “within two years of the date that the first final plat is approved by the City Council” (see Attachment A). The first final plat for Auburn Trail was approved by the City Council on February 22, 2022, through the minor subdivision process, meaning the path is to be installed by February 22, 2024. Hunziker is asking for an amendment to the agreement to allow the construction of a shared use path to correspond to development on the west side of Hyde with a future final plat (see Attachment B). The original final plat approval was for the purpose of splitting off an existing house from the remainder of the subdivision area. A final plat was required to establish the boundary so the home could be sold. The plat did not create any new developable lots. Instead, it created one parcel having an existing residence, two outlots, and conveyance of Hyde Avenue right-of-way. Prior to any development on either outlot, a preliminary plat and final plat are required. The Major Subdivision Preliminary Plat for Auburn Trail was recommended for approval by the Planning and Zoning Commission on March 16, 2022. However, in May 2022, the developer requested that the project be placed on hold. Consequently, the Preliminary Plat did not proceed to the City Council for approval. To date, no developable lots have been created within the Auburn Trail Subdivision. 2 Hunziker states in the July 13 letter that it agreed to the provision in the Contract Rezoning Agreement “under the belief that completion of the trail would coincide with the grading of the west side of Hyde Avenue” when they “would have lots prepared and available for sale”. Hunziker now is requesting that the trigger for construction of the shared use path be changed to read, “the Developer will construct a shared use path along the west side of Hyde Avenue within two years of the date that the first final plat on the West side of Hyde Avenue is approved by the City Council.” At such time, Hunziker indicates that it would be able to “grade for this path.” (see Letter, Attachment B) OPTIONS: Option 1: Grant the Developer’s Request to Amend the Agreement Allowing Construction of the Shared Use Path to be Delayed. The City Council can direct the Developer to submit a Rezoning Application for an Amendment to the Agreement allowing the shared use path to be constructed within two years of the date that the first final plat on the West side of Hyde Avenue is approved by the City Council. Once approved, the amendment would allow the construction of the shared use path to coincide with grading of future developable lots on the west side of Hyde Avenue. Under this arrangement, there is no date certain for the construction of the shared use path. Construction of the shared use path would continue to be tied developer’s timeline, as is also the case with Hayden’s Preserve and that developer’s obligations under its development agreement. Option 2: Revise the Agreement with Alternative Language Addressing the Construction of the Shared Use Path. The City Council can direct staff to prepare an alternative amendment to the development agreement that includes a specific timeline for construction rather than tie it to a development phase. Option 3: Decline the Request From Developer and Require Construction of the Share Use Path under the Current Terms of the Agreement. The City Council can choose not to initiate any changes to the agreement at this time. The Developer would then be obligated to construct the shared use path by February 22, 2024 (within two years of the date that the first final plat). While this option might allow the construction of the shared use path sooner, it will not address the gap to the north associated with the Hayden’s Preserve Subdivision and therefore, the overall trail network in this area would still contain a gap. 3 STAFF COMMENTS: A gap in the trail network exists between Bloomington Heights and 190th Street along the west side of Hyde Avenue. This is a highly desired connection for north Ames trail users and was an important element of proceeding with the rezoning and planning for development of the site. At the time of approval of the agreement, the developer believed it would proceed with the project within the next year and easily complete the project. The overall completion of the shared use path is currently reliant on the development of two subdivisions locates along Hyde Avenue. This includes the subject Auburn Trail project and Hayden’s Preserve (formerly known as Rose Prairie) located to the north of Auburn Trail. Although the Hayden’s Preserve Preliminary Plat was approved by City Council on May 24, 2022, it too—as with Auburn Trail—has been halted and has not moved forward to final platting. If the City Council requires the Auburn Trail portion to proceed as currently required under the existing language of the agreement, the segment to the north associated with Hayden’s Preserve would continue to remain unfinished for an indeterminant period of time. Therefore, Staff supports an extension for the developer to complete the shared use path construction. The original intent was to align the improvement with development of the site. An extension described with Option 1 would be consistent with this intent. 4 ATTACHMENT A Contract Rezoning Agreement 5 6 7 8 9 10 11 12 ATTACHMENT B Letter received by City Council from Justin Dodge, representing Hunziker 1 ITEM #: 29 DEPT: P&H Staff Report PAVING REQUIREMENT FOR CEDAR LANE RELATED TO THE ANSLEY DEVELOPMENT September 12, 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 that requires them 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). There are currently three parcels located along this 700 feet of frontage that are outside of the subdivision boundary. Two are developed with houses and one parcel is vacant. 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 the need 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 development 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 700 Feet of Cedar Lane 3 paving of Cedar Lane related to the 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 4 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. 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 subject to approval of an agreement with the developer. 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 #: 30 DATE: 09-12-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: CONCEPT FOR LAND ACQUISITION FOR WATER AND POLLUTION CONTROL DEPARTMENT BACKGROUND: The Ames Water Plant owns approximately 73 acres for a future “I-35 East Well Field.” The FY 2018/19 Capital Improvements Plan included the “South Skunk River Well Field Land Acquisition” project to acquire additional ground at a then undetermined location somewhere between the Hunziker Youth Sports Complex and the I -35 East Well Field. There have been many conversations with landowners and potential partners over the intervening years, and in recent months a path forward has emerged. Staff has been working to acquire two adjacent parcels of land southeast of Ames in the South Skunk River flood plain (site map attached). The purpose of the acquisitions is primarily to secure a site for a future well field and to provide source water protection for future wells. Additionally, land retirement on the parcels would generate nutrient reduction credits that can be claimed by the Water Pollution Control Facility. The two parcels currently under discussion are shown in the attached map as the Ryerson property and the C.G. Lee property. Each has its own unique acquisition mechanism. Ryerson Property. The Ryerson property is being pursued by the Iowa Departme nt of Natural Resources and the US Department of Agriculture – Natural Resource Conservation Service (USDA-NRCS) for conservation purposes. It is adjacent to the Jordan Family Wildlife Area, as well as properties already owned by Story County Conservation and the Iowa Natural Heritage Foundation. The concept being considered is that the USDA will purchase a conservation easement on the property and maintain it as a diverse, restored native prairie with oxbow restorations (old bends in the former river channel). Story County could then acquire the parcels outright for the residual value and would manage the ground for conservation, habitat restoration, and public hunting purposes. The proposed land management scheme of the Ryerson property is an ideal way to achieve source water protection, making the parcels a high-quality location for the future well field (tentatively referred to as the “I-35 West” well field.) Both USDA- NRCS and Story County Conservation have been working with the Water and Pollution Control Department to set aside a portion of the property for a City well field. Ames would need to acquire the portions of land it needs for the future wells, pipeline, and access roads prior to the USDA placing its easement. Last fall, test 2 wells were drilled by the City that confirmed the ground water under the parcel meets all Safe Drinking Water Act requirements, including for PFAS chemicals. C. G. Lee Property. The C. G. Lee property would be acquired in partnership with the Iowa Natural Heritage Foundation (INHF). This acquisition would allow a similar restoration of an additional 42 acres that are immediately adjacent to other ground that is being returned to a native landscape. This area overlies the groundwater that is moving into the I-35 East well field property. Placing this ground into native species serves to protect and preserve the use of the I-35 East property for long- term source water purposes. The acquisition could be completed in early 2024. The INHF will work with the Story County Conservation Board on a plan to seed the land in early spring 2024. Wetland and/or oxbow restoration on the property is a possibility. Funding for the acquisitions would come from a variety of sources. A conceptual funding scheme is presented below. It is important to note that the numbers shown here are still in flux at this stage. It is intended only to give Council a sense of the direction that the discussions are headed and the magnitude of the City’s participation. No purchase agreements have been finalized at this time. Acquisition Costs Funding Ryerson Property (120 acres) 1,677,000 City of Ames (Water Fund) 69,000 USDA NRCS 1,364,000 Story County 244,000 Ryerson Property Total 1,677,000 1,677,000 CG Lee Property (42 acres) 508,000 City of Ames (Water Fund) 400,000 City of Ames (Sewer Fund) 75,000 INHF (grants) 30,000 INHF (other sources) 3,000 C.G. Lee Property Total 508,000 508,000 Ames Contributions Water Fund 469,000 Sewer Fund 75,000 Ames Total Contribution 544,000 The Water Fund contributions will come from carryover ($476,278) from the FY 2018/19 CIP well field land acquisition project. This would give the City three locations under its direct control (an expansion of the North River Valley well field, the currently owned I -35 3 East well field, and this new I-35 West well field) from which it could draw additional drinking water supplies in the future. The Sewer Fund contribution will come from the FY 2023/24 Watershed -Based Nutrient Reduction project. Of the $1,017,938 in current year adopted and carry-over funds for these watershed projects, $169,714 is currently unobligated. The two property acquisitions would provide approximately 162 acres of restored native landscape for which the City could claim nutrient reduction credits. While the final acquisition steps are still several months away, it would be helpful for the other funding partners to have an indication from the City Council that it is supportive of the conceptual plan. The action requested at this time is non-binding, and the City could back out if the final terms and cost share arrangements do not meet the Council’s desires. If Council does not support the overall concept, it would be important to the other partners to know that now. ALTERNATIVES: 1. A. Approve the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire a portion of the Ryerson property for a future water well field and nutrient reduction credit in partnership with the USDA -NRCS, Iowa DNR, and Story County Conservation. B. Approve the conceptual plan, subject to negotiation of acceptable terms and conditions, to acquire the C. G. Lee property for drinking water source protection and nutrient reduction credit in partnership with the Iowa Natural Heritage Foundation and Story County Conservation. 2. Do not approve the conceptual plans, and provide feedback to staff on the acquisition of ground south of Ames for a future well field. CITY MANAGER’S RECOMMENDED ACTION: The City’s Capital Improvement Plan includes two important fo rward-looking projects. One is to secure an additional location from which the City could draw groundwater as a future drinking water source. The other is to pursue watershed -based nutrient removal projects as a way to bank credits against any future restrictions on the Water Pollution Control Facility’s discharge permit. Staff has worked with multiple partners to assemble contiguous parcels along the South Skunk River corridor south of Ames that will all be held in a permanent state of conservation, making the area an ideal location to site future wells. Additionally, the retirement of row-cropped land is a highly effective practice to generate nutrient removal credits. • City funds have been budgeted and earmarked for these specific purposes; • Additional funding partners are willing to assist both financially and with needed expertise; • Willing land owners have been identified; 4 • Of the total 162 acres purchased, the City will own 7 acres of the Ryerson property for the future water wells, pipelines, and roadways and 42 acres of the C.G. Lee property for source water protection for the water wells; • The total financial obligation to the City is estimated to be $544,000 for 49 acres, resulting in a cost of approximately $11,102 per acre. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 5 ATTACHMENT Site Location Map ITEM # ___31____ DATE: 09/12/23 DEPT: ELECTRIC COUNCIL ACTION FORM SUBJECT: VACATE 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. Approve a resolution vacating the existing electric utility easement at 2214 Lincoln Way, located on Lot 23, Parker’s Addition, Ames, Iowa. 2. Do not approve the 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, as described above. 1 ITEM#: 32 DATE: 09-12-23 DEPT: Transit COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR SHOP REHABILITATION PROJECT BACKGROUND: At the July 27, 2023, meeting, the City Council approved the release of plans and specifications for the CyRide 2023 Shop Rehabilitation Project, which called for consolidating bus parts into one location, improving maintenance employees’ work environment, supporting employee efficiency, and adjusting workspaces to enhance safety. A single alternate was included in the project to add a window into the new ground - level masonry wall to improve visibility within the shop. The project was included in the FY 2023/24 Capital Improvements Plan with a budgeted amount of $750,000. CyRide received a Public Transit Infrastructure Grant (PTIG) to fund this project, and based on this grant, the following budget was established: Description State PTIG Funds Local Funds Total Shop Rehabilitation Project $581,566 $168,434 $750,000 On July 28, 2023, CyRide, in coordination with the Purchasing Division, released Invitation to Bid number 2024-015. Bids were due back on August 23, 2023. Four bids were received for the project, summarized below, with the complete bid tabulation attached to the board packet. Bidder Base Bid Alternate #1 Dean Snyder Construction Company $426,000 $3,500 Edge Commercial $395,700 $5,300 Henkel Construction Company $446,000 $6,000 R.H Grabau Construction, Inc. $385,000 $5,165 2 All bids received were below the project estimate of $684,750. After reviewing the four responses, all bids were determined to be competitive and reflect a good understanding of the project’s scope of work by the bidders. R.H. Grabau Construction, Inc. of Boone, Iowa, was the low bid on this project. After evaluating the cost of the bid alternative with CyRide’s on-call Architecture and Engineering firm, ASK Studios, staff recommends accepting the base bid and the bid alternative. The final award of contract will be subject to approval by the Iowa Department of Transportation Office of Public Transit. Award of the contract to R.H Grabau Construction, Inc. was approved by the Transit Board at their August 31, 2023, meeting. ALTERNATIVES: 1. Approve final plans and specifications and award of contract to R.H. Grabau Construction, Inc. of Boone, Iowa, for the base bid plus bid alternate #1, for a total cost of $390,165. 2. Reject all bids and do not proceed with the project. CITY MANAGER’S RECOMMENDED ACTION: Moving forward with this project will allow CyRide to update the shop area to significantly improve safety, air quality, noise pollution, and work areas. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 3716 Ingersoll Avenue, Suite A, Des Moines, IA 50312 P: 515.277.6707 ARCHITECTURE INTERIORS PLANNING August 28th, 2023 Ms. Barbara Neal, Director of Transit CyRide 601 N. University Boulevard Ames, IA 50010 Ms. Neal, There were four responsive bidders who submitted proposals for the CyRide 2023 Shop Rehabilitation project. All bids were lower than the Opinion of Probable Cost. We recommend the acceptance of the bid proposal from R.H. Grabau Construction Inc. to complete work associated with the base bid as described in the project specifications for $385,000. We further recommend the acceptance of Add Alternate #1 to provide a window for the shop offices for $5,165. We believe the low bid will bring a good value to CyRide. Regards, Ryan M. Carter, AIA, NCARB CITY OF AMES, IOWA amanda.moore@cityofames.org BID NO. 2024-015 CyRide 2023 Shop Rehabilitation R.H. Grabau Construction Inc. Boone, IA $385,000.00 $5,165.00 Edge Commercial Grimes, IA $395,700.00 $5,300.00 Dean Snyder Construction Co. Ankeny, IA $426,000.00 $3,500.00 Henkel Construction Co Ames, IA $446,000.00 $6,000.00 1 ITEM # __33___ DATE: 09-12-23 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. The draft ordinance was presented to Council at the June 27 meeting. There was no public input received when the item was opened for public comment. Council moved to place the item on the July 18 meeting agenda for first reading. 2 During the July 18 meeting, Council made motions to change several items in the proposed ordinance and extended the vote on the first reading to the August 8 meeting . On August 8, staff presented Council with a revised draft including the motions made at the July 18 meeting. The ordinance passed on first reading and a second reading was set for August 22. At the second reading on August 22, Council made the following motions: 1) Revise 30.5(3) to prohibit yard waste from being stored in yard waste bags longer than 7 days and allow branches stored in bundles and yard waste in trash disposal containers to be stored for more than 7 days. 2) Add an effective date of January 1, 2024. 3) Remove 30.5(22) from the ordinance, which allowed for the parking of one travel trailer, recreational vehicle, boat, boat trailer, or trailer on an approved parking surface. 4) Create a new section 30.5(22) that reads “travel trailers, recreational vehicles, boats or boat trailers not in compliance with Ames Municipal Code Section 29.406(19) Manufactured Home, Mobile Home, and Recreational Vehicle Parking”. The above motions have been incorporated into the attached draft ordinance and are being presented to the City Council for a third and final reading of the ordinance. ALTERNATIVES: 1. Adopt on third reading the property maintenance code. 2. Do not adopt the proposed property maintenance code on third reading at this time, and instead direct staff to make additional revisions. 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, as described above. 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 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 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) Travel trailers, recreational vehicles, boats, or boat trailers not in compliance with Ames Municipal Code Section 29.406(19) Manufactured Home, Mobile Home, and Recreational Vehicle Parking. (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 January 1, 2024, after its passage and publication as required by law. Passed this day of , 2023. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor