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HomeMy WebLinkAbout~Master - October 24, 2023, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS – CITY HALL OCTOBER 24, 2023 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER: 6:00 p.m. PRESENTATIONS: 1. Recognition of City of Ames Animal Shelter and Animal Control on achieving a 90% Save Rate for the 2022 calendar year PROCLAMATIONS: 2. Proclamation for “Community Planning Month,” October 2023 CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 3. Motion approving payment of claims 4. Motion approving Summary Minutes of Regular Meeting on October 10, 2023 5. Motion approving Report of Change Orders for period October 1-15, 2023 6. Motion approving Premise Update for Class C Retail Alcohol License – Rinconcito Hispano Tienda y Taqueria, 823 Wheeler Street 7. Motion approving Premise Update for Class C Retail Alcohol License – Levy @ Scheman Building, 1805 Center Street 8. Motion approving Ownership Update for Special Class C Retail Alcohol License – Hampton Inn & Suites, 2100 Southeast 16th Street 9. Motion approving new 5-Day (October 27 – October 31, 2023) Class C Retail Alcohol License – Mucky Duck Pub, 2601 East 13th Street 10. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class C Retail Alcohol License – Sams Place, 125 Main Street, Pending Dramshop Review b. Special Class C Retail Alcohol License – Chicha Shack Ames Inc, 131 Welch Avenue 2 11. Motion approving request from ISU Homecoming Central Committee for Fireworks Permit for display from ISU Central Campus at midnight on Friday November 3, 2023, for Mass Campaniling 12. Motion directing City Attorney to Draft an Ordinance establishing No Parking on Bailey Avenue 13. Requests from ISU Homecoming Central Committee for ISU Homecoming Events on Friday November 3rd, 2023: a. ExCYtement in the Streets i. Motion approving Blanket Temporary Obstruction Permit ii. Resolution approving closure of portions of Sunset Drive, Ash Avenue, Gray Avenue, and Pearson Avenue from 4:00 p.m. to 12:00 a.m. iii. Resolution approving suspension of parking regulations for closed areas from 4:00 p.m. to 12:00 a.m. on Friday, November 3rd, 2023 14. Resolution approving the addition of seven 45-watt LED lights on 35’ bronze fiberglass street light poles at a total cost of $54.95 plus energy charge and taxes per month to existing Alliant Energy Electric Tariff #1 15. Final Plat for Ansley Subdivision, 1st Addition (3210 Cedar Lane) a. Resolution approving Final Plat and Public Improvements Agreement 16. Resolution authorizing and approving a Loan Agreement, providing for the sale and issuance of General Obligation Corporate Purpose Bonds, Series 2023D, and providing for the levy of taxes to pay the same 17. Resolution setting November 14, 2023, as date of public hearing for approving sale of City- owned Lot 1 in the Baker Subdivision to Habitat for Humanity of Central Iowa 18. Resolution approving professional services agreement with Sustainable Environmental Consultants, West Des Moines, Iowa, for design associated with FY 2023/24 Story County Edge-of-Field Project 19. Resolution awarding contract to Ziegler Caterpillar of Minneapolis, Minnesota for purchase of three 2023 Caterpillar 430 Tractor-Loader-Backhoes with comprehensive 5-year warranty 20. Resolution awarding contract to Farris Engineering, of Omaha, Nebraska, for Engineering Services to Design Load Center Replacement at the Power Plant, in the amount not to exceed $122,822 21. Resolution awarding contract to Farris Engineering, of Omaha, Nebraska, for Engineering Services to Design Standby Generation at the Power Plant, in the amount not to exceed $100,118 22. Resolution approving Change Order No. 1 with In Situ Archeological Consulting for the North River Valley Wellfield and Pipeline Project in the amount of $35,240 23. Resolution accepting the 2022/23 Asphalt Street Pavement Improvements (28th Street) project as completed by Manatt’s Inc., of Ames, Iowa in the amount of $867,082.40 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; 3 however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each speaker to three minutes. ADMINISTRATION: 24. Resolution awarding contract to JHB Group, Inc. for the purchase of a Mobile Operations Trailer, in the amount of $214,233.60 PARKS AND RECREATION: 25. 2023/24 Intelligent Transportation System Phase 3 a. Public input regarding project impact to recreation land b. Resolution approving conceptual design PUBLIC WORKS: 26. Motion directing City Attorney to Draft an Ordinance establishing 35 MPH speed limit on Oakwood Road from University Boulevard to Timberland Road, and 40 MPH from Timberland Road to State Avenue 27. Resolution approving professional services agreement with Shive Hattery, West Des Moines, Iowa for the 2024/25 South 16th Street Roadway Widening Design Project in an amount not to exceed $273,250 PLANNING AND HOUSING: 28. Staff Report and direct staff to Pursue a Grant Application for Chautauqua Park-Ridgewood Historic District 29. Staff Report on Reduced Affordable Housing Parking Rate 30. Planning Division Work Plan update HEARINGS: 31. Hearing on 2023 CDBG/HOME Consolidated Annual Performance Report (CAPER) a. Resolution approving the submittal of the City’s 2022/23 CAPER 32. Hearing on 2022/23 Traffic Signal Program – State & Mortensen a. Motion accepting report of bids b. Resolution approving final plans and specification and awarding contract for 2023/24 Traffic Signal Program to Kline Electric dba Heartland Underground Solutions of Des Moines, Iowa in the amount of $140,755 c. Resolution awarding traffic signal poles purchase to Valmont Industries of Omaha, Nebraska in the amount of $64,676 for the 2022/23 Traffic Signal Program 33. Hearing on Amendments to the Downtown Urban Revitalization Area a. Resolution approving amendment to Urban Revitalization Area Plan b. First passage of an Ordinance to amend the Urban Revitalization Area Boundary 34. Hearing on Zoning Text Amendment for landscape and open space exceptions related to Electric Vehicle Charging Equipment a. First passage of ordinance 4 DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA OCTOBER 10, 2023 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 5:59 p.m. on the 10th day of October, 2023, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Jeff Clark was also present. Council Member Gloria Betcher joined the meeting telephonically. PROCLAMATION FOR “KOSHU CITY DAY” OCTOBER 16, 2023: Mayor Haila proclaimed October 16th, 2023, as Koshu City Day. Ames International Partner Cities Association Chair Cindy Hicks accepted the proclamation. CONSENT AGENDA: Moved by Beatty-Hansen, seconded by Junck, to approve the consent agenda. 2. Motion approving payment of claims 3. Motion approving Summary of Minutes of Regular Meeting on September 26, 2023 4. Motion approving Civil Service Candidates 5. Motion approving new 5-Day (October 27 – October 31, 2023) Class C Retail Alcohol License – The Mucky Duck Pub, 2601 East 13th Street, Pending Dramshop Review 6. Motion approving new 5-Day (November 4 – November 8, 2023) Special Class C Retail Alcohol License – Gateway Hotel & Conference Center, 1800 Christensen Drive 7. Motion approving Ownership Updates for Class E Retail Alcohol License – Liquor Land, 4518 Mortensen Road 8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Class E Liquor License – Target Store T-1170, 320 S. Duff Avenue b. Class C Retail Alcohol License – Wasabi Ames, 926 S. 16th Street, Pending Dramshop Review c. Class C Retail Alcohol License – Margarita’s Sport Bar Seafood Inc., 823 Wheeler Street d. Class C Retail Alcohol License – London Underground, 212 Main Street 9. Motion setting October 24, 2023, as date of public hearing regarding proposed changes to Downtown Urban Revitalization Area 10. RESOLUTION NO. 23-532 approving appointment to Boards & Commissions 11. RESOLUTION NO. 23-533 approving the Official Statement for General Obligations Corporate Purpose Bonds, Series 2023D and setting the date of sale for October 24, 2023, and authorize electronic bidding for the sale 12. RESOLUTION NO. 23-534 approving Iowa DOT Grant Agreement for the 2022/23 Airport Improvements Project (South Apron Rehab) 2 13. RESOLUTION NO. 23-535 approving Engineering Services Agreement for 2023/24 Traffic System Capacity Improvements – Airport Road with WHKS & Co., Ames, Iowa, in an amount not to exceed $62,300 14. RESOLUTION NO. 23-536 approving Engineering Services Agreement for 2022/23 Shared Use Path System Expansion – Grand Avenue project with WHKS & Co., Ames, Iowa, in the amount not to exceed $58,100 15. RESOLUTION NO. 23-537 approving preliminary plans and specifications for the 2022/23 Storm Water Erosion Control Project (Clear Creek Bank Stabilization – Utah Drive), setting November 8, 2023, as bid due date, and November 14, 2023, as date of Public Hearing 16. RESOLUTION NO. 23-538 approving Change Order No. 2 with J. Pettiecord Inc, Bondurant, Iowa, for removal and disposal of contaminated dirt and water at the GT oil line replacement site in the amount of $75,000 17. RESOLUTION NO. 23-539 approving Change Order No. 3 with Con-Struct, Inc., of Ames, Iowa, for the South 16th Street Improvements Project in the amount not to exceed $28,600 18. RESOLUTION NO. 23-540 approving Change Order No. 3 with LinnCo, Inc. for the abandonment of previously unidentified water lines for the Water Treatment Plant Demolition project in lump sum of $157,692.60 and extension of the Substantial Completion Date to November 8, 2023 19. RESOLUTION NO. 23-541 approving contract and bond for the CyRide 2023 Shop Rehabilitation project with Grabau Construction, Inc., of Boone, Iowa 20. RESOLUTION NO. 23-542 approving contract and bond for the East 13th Street Sanitary Sewer Extension with On Track Construction, LLC, of Nevada, Iowa 21. RESOLUTION NO. 23-543 accepting completion of the contract for Unit 8 Electrostatic Precipitator Insulation and Lagging with Incorp Industries LLC, of Evansville, Indiana, in the amount of $1,830,140 22. RESOLUTION NO. 23-544 approving partial completion and reducing financial security for public improvements of Quarry Estates 3rd Addition to $31,005 23. RESOLUTION NO. 23-545 approving partial completion and reducing financial security for public improvements of Quarry Estates 4th Addition to $29,350 24. RESOLUTION NO. 23-546 approving partial completion and reducing financial security for public improvements of Quarry Estates 6th Addition to $71,880 25. RESOLUTION NO. 23-547 approving partial completion and reducing financial security for public improvements of Ag Innovations Center Addition to $42,440 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, 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, discussed forming relationships within the community and his individual experiences extending kindness to the residents of Ames. Mayor Haila closed the Public Forum when no one else came forward to speak. 3 OVER-THE-COUNTER CARD PAYMENTS FOR CUSTOMER SERVICE: Finance Director Corey Goodenow and Utility Accounts Supervisor John Odenweller reviewed the Council Action Form (CAF). The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 23-548 authorizing Customer Service staff to accept over-the-counter card payment for a set fee initially established at $2.99 per transaction (paid by the customer) with a transaction limit initially established at $450 per transaction. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ACCESSORY DWELLING UNIT (ADU) PUBLIC OUTREACH SUMMARY: Planning and Housing Director Kelly Diekmann and Planner Eloise Sahlstrom presented the summary. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to approve Option 1: Direct staff to proceed with preparing a draft ordinance for public hearings related to text amendments to Chapter 31, Historic Preservation, and Chapter 29, Zoning Ordinance to adopt ADU standards consistent with draft regulations and to exempt ADUs from Single-Family Conservation Overlay District (O-SFC). Vote on Motion: 6-0. Motion declared carried unanimously. DUPLEXES PUBLIC OUTREACH SUMMARY: Director Diekmann reviewed the summary. Mayor Haila opened the Public Input. Justin Dodge, Hunziker and Associates, Realtors, 105 S. 16th Street, Ames, shared the demands of the current rental market and encouraged the City Council to consider an option that allowed for the construction of two car garages. Mayor Haila closed the Public Input when no one else came forward to speak. Moved by Betcher, seconded by Rollins, change the lot size minimum to 10,000 square feet. Moved by Betcher, seconded by Rollins, to amend the motion to be applicable only in the Near Campus Neighborhood. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Gartin, to limit the bedroom count in the Near Campus Neighborhood to the 2018 standard. Vote on Motion: 6-0. Motion declared carried unanimously. 4 Moved by Gartin, seconded by Rollins, to approve Option 1: Direct staff to proceed with public hearings for a zoning text amendment for the proposed duplex regulations, based upon the current draft with consideration to the earlier amendments. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON PAVING EXCEPTIONS FOR PULLMAN STREET AND CARNEGIE AVENUE: Director Diekmann introduced the CAF, reviewing the City’s requirement for Public Improvements related to “missing infrastructure” for paving streets and utilities. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to approve Option 1: Allow for limited development of existing properties with waiver of installation of any or all Public Improvements, and add the item to the Planning and Housing Department Work Plan and Referrals. Vote on Motion: 5-0. Motion declared carried. PRESENTATION OF THE 2023 RESIDENT SATISFACTION SURVEY RESULTS: Public Relations Officer Susan Gwiasda discussed the findings of the 2023 Resident Satisfaction Survey. Mayor Haila recessed the meeting at 7:55 p.m. The meeting reconvened at 8:02 p.m. PARTNER CITY AGREEMENT WITH KOSHU CITY, JAPAN: Mayor Haila reviewed the agreement, sharing that the agreement clarifies the intent of the partnership. Moved by Junck, seconded by Corrieri, to adopt RESOLUTION NO. 23-549 formalizing updated Partner City Agreement with Koshu City, Japan. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. STAFF REPORT ON PROPERTY MAINTENANCE CODE CORRESPONDING CHANGES TO CHAPTERS 18, 22 & 29: Planning and Housing Director Kelly Diekmann presented the Staff Report. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Gartin, seconded by Rollins, to approve Option 1 under Vehicle Definition: Add vehicle definitions to Chapter 29 based upon Chapter 30. Vote on Motion: 6-0. Motion declared carried unanimously. 5 Moved by Betcher, seconded by Beatty-Hansen, to approve Option 2 under Junk Vehicle Storage: Replace the term “inoperable vehicle” in zoning with junked vehicle. Keep the current 30-day limit and other outdoor storage limitations with the modification to only allow one vehicle. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Beatty-Hansen, to approve Option 1 under Outdoor Storage Garbage, Recycling, and Refuse Containers: Amend the Zoning Ordinance for an exception to screening related to individual containers serving one- and two-family homes. Vote on Motion: 5-1, Betcher dissenting. Motion declared carried. Moved by Gartin, seconded by Rollins, to approve that the Streets and Sidewalks (Chapter 22) include an express prohibition of using right-of-way for private purposes, such as storing materials (rocks, dirt, garbage, etc.), dumpsters, storage containers, etc. within the right-of-way. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to put the matter of “all unhitched trailers” on a future agenda for discussion. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, to amend the Zoning Code Chapter 29, Section 4 exception for RV and boat/boat trailer parking to permit on a property the parking of one RV, empty boat trailer, or boat, trailered or not, on any approved parking surface. Motion withdrawn. Moved by Betcher, seconded by Beatty-Hansen, to allow for the parking of one unoccupied travel trailer or recreational vehicle, boat, or boat trailer on any approved parking surface including within the front yard setback for a period of 72 hours and allow for the storage of one unoccupied travel trailer or recreational vehicle, boat, or boat trailer on any approved parking surface behind of the front yard setback. Vote on Motion: 6-0. Motion declared carried unanimously. PRESENTATION OF THE 2023 RESIDENT SATISFACTION SURVEY RESULTS: Mayor Haila opened the Public Input. Richard Deyo, 505 8th Street, #102, Ames, shared his concerns as a resident of Ames. Mayor Haila closed the Public Input when no one else came forward to speak. OUTDOOR DISPLAYS ON CITY-OWNED PROPERTY: City Attorney Mark Lambert discussed the CAF. The Public Input was opened by Mayor Haila. 6 Crystal Davis, Executive Director of Ames Main Street, 304 Main Street, Ames, shared that the organization is saddened about the possibility of not being able to continue the tradition of the snowflake display in Tom Evans Plaza and reviewed the history. She noted the intent of Ames Main Street to donate the snowflake to the City of Ames to be used in partnership with the snowflakes on the light poles in Downtown. The Public Input was closed by Mayor Haila when no one else came forward to speak. Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 23-550 approving a policy that no ongoing displays, other than City-owned displays, will be allowed on City property, with the exception of temporary displays in conjunction with a rally or gathering of people. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. BOBCAT S770 SKID STEER: City Manager Steve Schainker noted that there was an error in the dollar amount presented at the previous meeting and reconsideration was needed. Moved by Junck, seconded by Rollins, to reconsider RESOLUTION NO. 23-509. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 23-551 awarding purchase of Bobcat S770 Skid Steer to Bobcat of Ames, Iowa in the amount of $51,704.13. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted there were two items to consider. The first was from Mack Shelley regarding glass and bottle recycling. City Manager Schainker noted that the complaint is out of the control of the City. Moved by Rollins, seconded by Corrieri, that staff respond to the email. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from Director Diekmann regarding the Planning and Housing Department Work Plan and Referrals was the second item. City Manager Schainker asked the City Council to review the memo, which will be discussed at the next meeting. COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings attended, upcoming meetings, community events, and items of interest. 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. 7 Moved by Gartin, seconded by Junck, to go into closed session at 9:23 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 9:35 p.m. Moved by Corrieri, seconded by Beatty-Hansen, to pursue the course of action as determined in Closed Session. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Gartin, seconded by Corrieri, to adjourn at 9:35 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 2023/24 Sanitary Sewer Rehabilitation (US 69 Spot Repairs) 1 $1,353,819.00 Jet Drain Services LLC $0.00 $38,915.00 B. Phillips KS Water & Pollution Control Demolition of the Old Water Treatment Plant 2 $2,398,000.00 LinnCo, Inc. $401.36 $-(17,401.90) J. Dunn AM $ $ $ $ $ $ $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: October 2023 For City Council Date: October 11, 2023 Item No. 5 Page 1 of 2 Applicant NAME OF LEGAL ENTITY AYOTLAN INC NAME OF BUSINESS(DBA) RINCONCITO HISPANO TIENDA Y TAQUERIA BUSINESS (515) 337-1005 ADDRESS OF PREMISES 823 Wheeler Street PREMISES SUITE/APT NUMBER suite #1 CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 823 Wheeler Street CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Juan Carlos Arrellano Angel PHONE (661) 448-4039 EMAIL juan.carlos.1979.angel@gmail.com License Information LICENSE NUMBER LC0050081 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE July 14, 2023 EXPIRATION DATE July 13, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Item No. 6 Page 2 of 2 Status of Business BUSINESS TYPE Corporation Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 2 Applicant NAME OF LEGAL ENTITY Learfield Levy Foodservice LLC NAME OF BUSINESS(DBA) Levy @ Scheman Building BUSINESS (704) 328-6603 ADDRESS OF PREMISES 1805 Center Street Scheman Building PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50011 MAILING ADDRESS 980 N. Michigan Avenue CITY Chicago STATE Illinois ZIP 60611 Contact Person NAME Cassi Chambers PHONE (704) 328-6603 EMAIL cassi.chambers@compass-usa.com License Information LICENSE NUMBER LC0046427 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE July 1, 2023 EXPIRATION DATE June 30, 2024 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License Item No. 7 Page 2 of 2 PRIVILEGES Catering Status of Business BUSINESS TYPE Limited Liability Company Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 2 Applicant NAME OF LEGAL ENTITY HGIK HOSPITALITY, LLC NAME OF BUSINESS(DBA) Hampton Inn & Suites Ames BUSINESS (972) 670-4432 ADDRESS OF PREMISES 2100 Southeast 16th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 300 Cedar Elm CourtLas Colinas CITY Irving STATE Texas ZIP 75063 Contact Person NAME Biren Patel PHONE (972) 670-4432 EMAIL biren@patriothosp.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 Status of Business Item No. 8 Page 2 of 2 BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Sarika Patel Irving Texas 75063 Investor 10.00 Yes Reena Jain Scottsdale Arizona 85259 Investor 10.00 Yes Shailesh Nagar Ankeny Iowa 50021 Investor 10.00 Yes Biren Patel Irving Texas 75063 Manager 40.00 Yes Dahyabhai Patel Irving Texas 75063 Investor 30.00 Yes Insurance Company Information INSURANCE COMPANY Westfield Insurance POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Page 1 of 2 Applicant NAME OF LEGAL ENTITY MUCKY DUCK PUB, L. L. C. NAME OF BUSINESS(DBA) The Mucky Duck Pub BUSINESS (515) 232-9260 ADDRESS OF PREMISES 2601 East 13th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 2601 East 13th Street CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Cathy Anderson PHONE (515) 232-9260 EMAIL cander8065@aol.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority TENTATIVE EFFECTIVE DATE Oct 27, 2023 TENTATIVE EXPIRATION DATE Oct 31, 2023 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License PRIVILEGES Item No. 9 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 Marcus Johnson Ames Iowa 50010 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Feb 12, 2023 POLICY EXPIRATION DATE Feb 11, 2024 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 15th, 2023 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The following two businesses are requesting license renewals on October 24, 2023:  Sams Place, (125 Main Street), Class C Retail Alcohol License  Chicha Shack Ames, (131 Welch) Class B Beer Permit A review of police records for the past 12 months found no liquor law violations for the above locations. The Ames Police Department recommends the license renewal for the listed businesses. Item No. 10 1 ITEM #: 11 DATE: 10-24-23 DEPT: Admin COUNCIL ACTION FORM SUBJECT: REQUESTS FROM ISU HOMECOMING CENTRAL COMMITTEE FOR ISU HOMECOMING EVENTS BACKGROUND: The Homecoming Central Committee at Iowa State University is again planning to host its annual Homecoming activities. This includes the fireworks display on Central Campus as part of mass campaniling. Therefore, a fireworks permit is requested for a ground effects firework display on Central Campus at midnight (12:00 a.m.) on Friday night November 3, 2023. Organizers have informed City staff that they are working with the on-campus Veterans Center to communicate in advance with students who may be distressed by the noise from fireworks. Organizers have also reported they will notify the SCAN neighborhood association about the fireworks display. ALTERNATIVES: 1. Approve the requests from the Homecoming Central Committee for a Fireworks Permit for Central Campus on Friday, November 3. 2. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: Organizers have completed all necessary steps to obtain a Fireworks Permit. This event has been safely held in previous years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2 1 ITEM #: 12 DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: BAILEY AVENUE PARKING REGULATIONS BACKGROUND: The final platting of the North Dayton Industrial subdivision, First Addition, created a new local street called Bailey Avenue. Staff recommends that “No Parking” be established at all times on at least one side of the street. No parking areas such as the one proposed are typically placed on the same side of the street as the fire hydrants. According to the Preliminary Plat, the water main and fire hydrants are to be installed on the inside of the Bailey Avenue loop road. Also, because this is an industrial street , parking should be prohibited on both sides of the street to minimize conflicts with larger vehicles. Therefore, the draft language for No Parking regulations would be as follows (see attached map): “Parking is prohibited at all times on both sides of Bailey Avenue” It should be noted that staff spoke with the Developer on this proposed language and they are in agreement and support of these regulations. During this process it came to the attention of staff that there are various sections of Chapter 18 “Parking Regulations” in the Municipal Code that are in need of clean up. For example, areas of Chapter 18 that either no longer apply or have minor inaccuracies. ALTERNATIVES: 1. Direct the City Attorney to draft an ordinance establishing No Parking regulations on Bailey Avenue. Included in this direction is the work needed by City Legal staff to perform various Municipal Code clean up as needed in Chapter 18. 2. Reject the proposed regulations. CITY MANAGER’S RECOMMENDED ACTION: Establishing the no parking regulations on Bailey Avenue will provide proper traffic flow based on the industrial zoning and will also ensure access to hydrants for fire protection within the subdivision. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. No Parking Bailey Parking Regulations 1 ITEM #: 13 DATE: 10-24-23 DEPT: Admin. COUNCIL ACTION FORM SUBJECT: REQUESTS FROM ISU HOMECOMING CENTRAL COMMITTEE FOR EXCYTEMENT IN THE STREETS BACKGROUND: From October 29 through November 4, the Homecoming Central Committee at Iowa State University is again planning to host its annual Homecoming activities. The events this year include a Homecoming Kickoff Event on Sunday, October 29 at the ISU Alumni Center, the traditional ExCYtement in the Streets lawn displays on Friday November 3, and Mass Campaniling on Friday, November 3. ExCYtement in the Streets consists of Greek Week lawn displays on Friday, November 3. These displays will be exhibited between approximately 6:30 p.m. and 10:00 p.m. To facilitate this event, organizers are requesting approval of the following:  Closure of Sunset Drive from Ash Avenue to just east of the intersection with Gray Avenue  Closure of Ash Avenue from Gable Lane to Knapp Street (Knapp and Gable will remain open)  Closure of Gray Avenue from its intersection with Gable Lane to Greeley Street  Closure of Pearson Avenue between Greeley Street and Sunset Drive  Temporary Obstruction Permit for the closed areas as well as the Greek Triangle, which will be used for the judging of the displays. Streets will be closed at approximately 4:00 p.m. and will be reopened by 12:00 a.m. On- street parking will also be prohibited on these streets from 4:00 p.m. to 12:00 a.m. on Friday, November 3. Public Works will provide the barricades necessary for the street closures along with “No Parking” signs. Organizers will be responsible for staffing the barricades while they are in place. Organizers have indicated they will notify affected non-Greek residents by going door-to-door with information. ALTERNATIVES: 1. Approve the requests from the Homecoming Central Committee for street and parking closures and Temporary Obstruction Permit for Friday, November 3rd. 2. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: 2 The Iowa State University Homecoming Central Committee plans Homecoming events that are inclusive to all students, faculty, staff, and community members with the intent to involve as many people as possible. It is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 3 4 5 ITEM #: 14 DATE: _10-24-23 DEPT: __ELEC__ COUNCIL ACTION FORM SUBJECT: ANSLEY SUBDIVISION FIRST ADDITION – STREET LIGHTING BACKGROUND: The City provides streetlights throughout the community; typically, these lights are installed during the subdivision process. For streetlights within Ames Electric Services territory, the energy costs are paid to the Ames Electric Utility from the City’s General Fund. Alliant Energy provides 119 streetlights in areas of the City that are within the Ames corporate limits, but in the Alliant electric service territory rather than the Ames electric service territory. In the case of these Alliant streetlights, Ames Electric Services is billed the energy costs from Alliant, and Electric Services then passes these costs through to the City’s General Fund. The terms for this arrangement are expressed in the Alliant Energy (Formerly Interstate Power & Light Company ) Electric Tariff #1 filed with the Iowa Utilities Board. The developer of the Ansley Subdivision First Addition has requested the installation of seven (7) 45-watt LED streetlights. Alliant Energy will install, own, and maintain the poles, wire, and luminaries, and will supply the energy for each streetlight. The City will pay a monthly charge for each light of $7.85 plus fuel adjustment and taxes. ALTERNATIVES: 1. Approve the addition of seven (7) 45-watt LED lights on 35’ bronze fiberglass street light poles at a total cost of $54.95 plus energy charge and taxes per month in accordance with the existing Alliant Energy Electric Tariff #1. 2. Direct staff to provide more information. CITY MANAGER’S RECOMMENDED ACTION: Streetlights are a component of the infrastructure to be installed at the time of subdivision. The City has an existing agreement with Alliant Energy to administer the provision of streetlights in Alliant’s service territory. These seven (7) new lights must be incorporated into this agreement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 1 ITEM #: 15 DATE: 10-24-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: ANSLEY SUBDIVISION, FIRST ADDITION FINAL PLAT AND PUBLIC IMPROVEMENT AGREEMENTS BACKGROUND: Ansley Land, LLC, and Burgason Enterprises, LLC, (Steve and Anne Burgason) are requesting approval of a Major Subdivision Final Plat and Public Improvements Agreement for the Ansley Subdivision First Addition. The Ansley Subdivision is located on the east side of Cedar Lane, generally south of Cottonwood Road, and on the west side of the Story County Tedesco Connector Trail (See Attachment A—Location Map). As this is the first addition, it consists of four existing tracts of land that encompass all future additions and total approximately 58 acres. When all additions are completed, the Ansley Subdivision will contain 122 residential lots and one commercial lot. Of the residential lots, 117 will contain single-family, detached homes and the remaining five will each contain a series of townhomes. It will also contain six common greenspaces and two stormwater ponds. FINAL PLAT: The first addition includes 15 residential lots totaling 3.3 acres in the western middle portion of the site. It also includes four lots for interior subdivision streets (1.5 acres total), five outlots for private alleys (.2 acres), and 1.8 acres dedicated as right-of-way along the length of Cedar Lane adjacent the subdivision. Regarding interior streets, this phase includes Middleton Road, the middle of the three street connections to Cedar Lane that will be provided after full development of the subdivision. It also includes construction of the portion of Ansley Avenue that will connect to the future Lunetta Drive that is part of Domani development to the north. Due to the length of the street stubs (less than 150 feet) or access to alleyways, temporary turnaround areas on the end of the streets are not required. The remaining land (51.2 acres) is to be platted as outlots. One outlot, Outlot F, is five acres and contains an existing pond that will be enlarged for stormwater retention as part of the first addition’s construction. This outlot will be replatted as part of future phases into a larger, common greenspace. The remaining outlots (46.2 acres) are to be reserved and replatted with future additions into residential lots, street lots, etc. The final plat can be found in Attachment B. 2 A rezoning with Master Plan was approved on May 10, 2022, which rezoned the property from Agricultural (A) to Floating Suburban – Residential Low Density (FS-RL) with a Planned Unit Development Overlay (PUD) (see Master Plan—Attachment C). The preliminary plat was approved on November 8, 2022. It included a waiver of the construction of Cedar Lane and utilities south of the southernmost interior subdivision road that will connect to Cedar Lane through the development of future phases. The City Council approved the preliminary plat with one condition, which was the dedication of Cedar Lane right-of-way and necessary easements for water and sewer extensions at the time of Final Plat. This condition has been satisfied with the dedication of Cedar Lane with the final plat. Per the master plan, the first addition will include all single-family homes. As the Ansley Subdivision is within a PUD, certain deviations from zoning standards are allowed. Notably, with the first phase several lots have reduced front setbacks as they will take access from adjacent alleys. The width of the alleys varies. To allow for adequate maneuvering and ensure parking in front of alley-loaded garages doesn’t overhang the alleyway, where the alley is 16 feet wide garage faces must be setback from the edge of the alley eight feet, or more than 20 feet. Where the alley is 20 feet wide garage faces must be set back from the property line at least five feet. Private streets and alleys are permitted if they are designed and constructed to meet Iowa Statewide Urban Design and Specifications (SUDAS) standards and the City’s supplemental design standard requirements regarding pavement profile, base, and drainage. A certificate from a professional engineer verifying the private streets and alleys meet these requirements is required after construction. Private streets and alleys also require a legally binding instrument establishing responsibilities for maintenance, upkeep, and snow removal and a permanent easement for shared access and emergency vehicle access. An easement establishing access rights and maintenance provisions has been submitted. The developer initially planned to split the subdivision into 11 phases (see Phasing Plan— Attachment D). This first addition, however, is roughly half of the planned first phase and does not include the northern connection of Ansley Avenue to Cedar Lane. Platting of additions can occur in smaller portions than the overall phasing boundary of the P UD, if approved by City Council. It is not anticipated that dividing the first addition into parts will adversely affect the development, nor will it impede future extensions of streets and utilities. The extension of Ansley Avenue to Cedar Lane will occur with future additions. PUBLIC IMPROVEMENT AGREEMENTS: Several of the required improvements for the first addition (water and sanitary sewer) have been completed. Two agreements have been prepared for Council approval with the Final Plat: 1) an Agreement for Public Improvements for the remaining improvements, and 2) an Agreement for Sidewalk and Street Trees (Note: the Sidewalk and Street 3 Tree agreement does not need City Council approval, it can be signed off by the Public Works Director) . Private improvements are not included within either of the agreements. The Agreement for Public Improvements identifies the need for financial security for the completion of certain improvements and utilities related to the proposed plat. Financial security has been submitted to the City in the amount of $1,076,555.75, which covers the cost of the remaining improvements, in the event the developer does not install the required improvements. The form of the security (cash) is acceptable. Sidewalks and street trees must be installed prior to the issuance of a Certificate of Occupancy for an individual lot; however, within three years after final plat approval, all sidewalks within the addition must be installed. Financial security can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. ALTERNATIVES: 1. Based upon the findings that the Final Plat conforms to relevant and applicable design standards, ordinances, policies, and plans, the City Council can approve the Final Plat of the Ansley Subdivision, First Addition, and accept the Public Improvements Agreement for completion of public improvements. 2. Deny the Final Plat of the Ansley Subdivision, First Addition, by finding that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 3. Refer this request back to staff or the applicant for additional information . CITY MANAGER’S RECOMMENDED ACTION: After reviewing the proposed Final Plat of the Ansley Subdivision, First Addition, staff finds that it complies with all relevant and applicable design and improvement standards of the Subdivision Regulations and to other adopted City plans, ordinances, and standards. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. 4 Attachment A Location Map 5 Attachment B Final Plat, Ansley Subdivision, First Addition 6 7 8 9 10 11 12 13 14 15 Attachment C Ansley PUD Master Plan 16 Attachment D Ansley PUD Phasing Plan 17 Attachment D Applicable Laws and Policies Pertaining to Final Plat Approval Adopted laws and policies applicable to this case file include, but are not limited to, the following: Code of Iowa, Chapter 354.8 states in part: A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conform s to sections 354.6, 354.11, and 355.8. Ames Municipal Code Section 23.303(3) states as follows: (3) City Council Action on Final Plat for Minor Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final 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. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities and services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision. ITEM #: 16 DATE: 10-24-23 DEPT: FIN COUNCIL ACTION FORM SUBJECT: RESOLUTION AUTHORIZING AND APPROVING A LOAN AGREEMENT, PROVIDING FOR THE SALE AND ISSUANCE OF GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2023D, AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME BACKGROUND: The FY 2023/24 Budget includes General Obligation (G.O.) Bond-funded capital improvement projects in the amount of $12,870,000. The City Council held a public hearing on the issuance of these bonds on April 11, 2023. Separately, on September 14, 2021, the City Council held a public hearing for the issuance of G.O. Bonds to fund a capital improvement project for the Indoor Aquatic Center. Council action is now required to authorize the sale. Projects to be funded by this bond issue include the following: On the morning of October 24, 2023, the City will accept bids for the bonds per the terms of our offering statement. The bids will be evaluated by our financial advisor, the City’s Bond Counsel, and by City staff to recommend award to the bidder with the lowest cost. A report of bids will be provided to Council at the October 24, 2023 meeting. The City Council will then be asked to adopt a resolution accepting bids and authorizing award of the sale of bonds to the chosen bidder. ALTERNATIVES: 1. The City Council can adopt a resolution accepting bids and authorizing the sale and issuance of General Obligation Bonds in an amount not to exceed $12,870,000. 2. The Council can reject the bond sale resolution and delay the capital projects. MANAGER’S RECOMMENDED ACTION: Issuance of these bonds is necessary in order to accomplish the City’s approved capital improvements during this fiscal year. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative No. 1, thereby adopting a resolution accepting bids and authorizing the sale and issuance of General Obligation Bonds in an amount not to exceed $12,870,000. 1 ITEM #: 17 DATE: 10-24-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: RESOLUTION SETTING NOVEMBER 14, 2023, AS THE DATE OF PUBLIC HEARING FOR APPROVING SALE OF CITY-OWNED LOT 1 IN THE BAKER SUBDIVISION TO HABITAT FOR HUMANITY OF CENTRAL IOWA BACKGROUND: In 2015, as part of the City’s Community Development Block Grant (CDBG) Program, the City acquired a 10+ acre site located at 321 State Avenue (formerly the site of the Old Ames Middle School). The site was purchased to develop a subdivision that will support the affordable housing goals of the City as a mixed-income development, with a minimum of 51% of the homes affordable to low- and moderate-income households. The subdivision would consist of 27 buildable lots, 26 single-family lots, and one (1) lot for multi-family units (see attachment A). In July 2022, the City of Ames, as the developer for the subdivision, completed the public infrastructure improvements (streets, water, sewer, electrical, sidewalks, including geothermal for the 26 single-family lots. (see attachment A). The subdivision covenants were adopted in December 2021. As noted above, 51% (14) of the lots are planned to be available to low and moderate-income households. In March 2023, the City sold Lot 8 to Habitat for Humanity of Central Iowa (HHCI), and in April 2023, the City sold Lots 2-7 to HHCI. HHCI is requesting to purchase Lot 1 (412 S. Wilmoth), which will complete the purchase of all the lots on the south side of Wilmoth in the subdivision (see attachment A). This collaboration with Habitat for Humanity of Central Iowa would represent the twenty- second (22) endeavor between HHCI and the City of Ames. This project will allow the City to continue to address one of its priority goals outlined in both the 2023-2024 Annual Action Plan and the 2019-2023 CDBG Consolidated Plan, which is to increase the supply of affordable housing for LMI households. The City’s Finance staff has reviewed the most current HHCI’s 2022 Annual Audit Report and finds it in good order, including the audit opinion. Therefore, staff has been working with the HHCI Executive Director and the City’s Legal Department staff to begin to finalize the terms and conditions for the sale of Lot 1 for $50,000 and for the construction of the home on the lot with the setting of November 14, 2023, as the date of the public hearing. 2 ALTERNATIVES: 1. The City Council can approve a Resolution setting November 14, 2023, as the date of the public hearing to authorize staff to finalize the terms and conditions for the sale of Lot one (1) for $50,000 in the Baker Subdivision to Habitat for Humanity of Central Iowa. 2. The City Council can approve a Resolution setting November 14, 2023, as the date of the public hearing to authorize staff to finalize the terms and conditions for the sale of lot one (1) for $50,000 in the Baker Subdivision to Habitat for Humanity of Central Iowa with additional terms and conditions or modifications. 3. Direct staff to seek other buyers to purchase the lots. 4. Decline to sell the single-family lots at this time. CITY MANAGER'S RECOMMENDED ACTION: The sale of Lot 1 in the Baker Subdivision to Habitat for Humanity of Central Iowa will assist the City in its efforts to continue to address the housing needs of low- and moderate-income first-time home buyers and will complete the purchase of all eight (8) lots along the south end of S. Wilmoth the subdivision. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1. 3 Location Map- Attachment A Previously purchased lots by Habitat 1 ITEM #: 18 DATE: 10-24-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: FY 2023/24 STORY COUNTY EDGE-OF-FIELD/WATERSHED-BASED NUTRIENT REDUCTION PROJECT - ENGINEERING SERVICES BACKGROUND: On August 22, 2023, a Request for Proposals (RFP) was issued for Engineering Services related to the FY 2023/24 Story County Edge-of-Field Project. Proposals were received through September 14, 2023. Four proposals were received, and the technical proposals were scored by staff from the Water & Pollution Control Department, Story County Conservation, and the Iowa Department of Agriculture & Land Stewardship (IDALS). Both Story County Conservation and IDALS are funding partners for the project and provide essential staff time and resources. A summary of the technical proposal scoring is included below. Respondent Technical Proposal Score Sustainable Environmental Consultants 106.8 Ecosystem Services Exchange 92.0 ISG 110.3 Bolton & Menk 98.0 Given the inherent differences between saturated buffers and bioreactors, respondents were allowed some flexibility in their cost proposals. For both design phase and construction phase services, the respondents were given the option to provide a single cost per-tile outlet, or could provide a cost for both saturated buffers and bioreactors. Without knowing how many outlets are suitable for full design, and also not knowing which practice each tile outlet will be best suited for, there is no definitive way to compare costs from each respondent. Staff used the costs provided by each respondent and calculated what their cost would have been using the previous two fiscal years of the project. Sustainable Environmental Consultants (SEC) and ISG provided the lowest cost options in the comparison. In both scenarios, SEC was at least 10% lower in cost than ISG. Staff from the Water & Pollution Control Department, Story County Conservation, and IDALS selected the proposal from SEC as the option that provided the best overall value to the project. All parties were confident in their ability to provide the services requested and they also provided the lowest likely cost. Staff believes that a realistic estimate is that 25 field tile outlets would proceed through the final design and construction phases. This value was used to determine contract 2 pricing of $70,080. That price could change if additional tile outlets proceed to construction or if some tiles are found to be not suitable for an edge-of-field project. This project is being funded from the FY 2023/24 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 this contract will be $23,360. ALTERNATIVES: 1. Award a contract for Engineering Services related to the FY 2023/24 Story County Edge-of-Field Project in the amount of $70,080 to Sustainable Environmental Consultants of West Des Moines, Iowa. After being reimbursed by Story County Conservation and Iowa Department of Agriculture & Land Stewardship, the net cost to the City will be $23,360. 2. Do not award a contract at this time. CITY MANAGER’S RECOMMENDED ACTION: Treatment of sub-surface 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. 1 CONTRACT FOR FY 23-24 STORY COUNTY EDGE-OF-FIELD ENGINEERING PROFESSIONAL SERVICES CONTRACT FOR CITY OF AMES WATER POLLUTION AND CONTROL DEPARTMENT THIS AGREEMENT, made and entered into effective the 24th day of October 2023, by and between the CITY OF AMES, IOWA, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter sometimes called “City”) and Sustainable Environmental Consultants, LLC, a limited liability company, organized and existing pursuant to the laws of the State of Iowa (hereinafter called “Provider”). W I T N E S S E T H T H A T: WHEREAS, the City of Ames has determined that certain services to be provided to the City of Ames and its citizens by Provider, such services and facilities being hereinafter described and set out, should be purchased in accordance with the terms of a written agreement as hereinafter set out; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I PURPOSE The purpose of this Agreement is to procure for the City of Ames certain services as hereinafter described and set out; to establish the methods, procedures, terms and conditions governing payment by the City of Ames for such services; and to establish other duties, responsibilities, terms and conditions mutually undertaken and agreed to by the parties hereto in consideration of the services to be performed and monies paid. II SCOPE OF SERVICES Provider shall provide the services set out in the City of Ames, Iowa, Scope of Services from Request for Proposal issued August 22, 2023, and Consultant’s response to FY 23-24 Story County Edge of Field Engineering for City of Ames attached hereto as Appendix A. City, without invalidating the Agreement, may direct changes in the services within the general scope of the Agreement, with the authorized payment maximum being adjusted accordingly. Any change in the scope of service by Provider shall be done by written agreement signed by both parties. The added cost or cost reduction to City resulting from a change in the Agreement shall be determined by mutual acceptance of a lump sum properly itemized and supported by sufficient data to permit evaluation, or by unit prices stated in the Agreement or subsequently agreed upon. It shall be the responsibility of Provider, before proceeding with any change in scope, to verify that the change has been properly authorized on behalf of City. No additional charges or any other change in the Agreement will be allowed unless previously authorized in writing by City, with the applicable compensation method and maximum authorized additional sum stated. III METHOD OF PAYMENT A. Payments shall be made by the City of Ames in accordance with the following task schedule: Deliverables Total Amount a. No. 1: Phase II - Initial Determination $16,280 b. No. 2: Phase IV - Final Design (25 Outlets) $30,250 c. No. 3: Phase V – Construction Services (25 Outlets) $20,000 d. No. 4: Phase V – Preconstruction Meeting $550 e. No. 5: Phase V – Postconstruction Visit/Punchlist Generation $3,000 The maximum total amount payable by the City of Ames under this Agreement is $70,080.00 and no greater amount shall be paid without written amendment. B. Payment will be made upon completion of the services and acceptance by the City of Ames. Provider 2 shall submit an invoice upon completion of the services. The invoice shall include an itemization of the services for which payment is claimed. Invoices referencing the assigned purchase order number shall be emailed to accountspayables@cityofames.og or send to the following address: City of Ames, Finance Dept. – Accounts Payable, PO Box 811, Ames, IA 50010 lV FINANCIAL ACCOUNTING AND ADMINISTRATION A. All claims for payment shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers or other documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified as such and readily accessible for examination and audit by City or its authorized representative. B. All records shall be maintained in accordance with procedures and requirements established by the City Finance Director, and the City Finance Director may, prior to any payment under this Agreement, conduct a pre- audit of record keeping and financial accounting procedures of Provider for the purpose of determining changes and modifications necessary with respect to accounting for charges made hereunder. All records and documents required by this Agreement shall be maintained for a period of three (3) years following final payment by City. C. At such time and in such form as City may require, there shall be furnished to City such statements, records, reports, data and information as City may require with respect to the payments made or claimed under this Agreement. D. At any time during normal business hours, and as often as City may deem necessary, there shall be made available to City for examination all records with respect to all matters covered by this Agreement and Provider will permit City to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. V INSURANCE A. Provider shall maintain insurance coverage in scope and amounts acceptable to the City’s Risk Manager. B. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Ames, its officials, employees or volunteers. C. Provider shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on standard insurance company forms or forms provided by City and are to be received and approved by City before services commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. D. Provider shall include all sub-consultants as insured under its policies. All coverages for sub- consultants shall be subject to all of the requirements stated herein. E. To the fullest extent permitted by law, Provider shall indemnify and hold harmless the City of Ames, their agents and employees (the “Indemnified Parties”) from and against all claims, damages, losses and expenses, including, but not limited to attorneys’ fees (collectively, “Liabilities”) arising out of or resulting from the performance of the services, provided that any Liabilities: (1) are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the services itself) including the loss of use resulting therefrom; and (2) is caused in whole or in part by any negligent act or omission of Provider, any Sub-consultant, anyone directly or indirectly employed by any of them or any one for whose acts any of them may be liable. Notwithstanding the foregoing, Provider will not be obligated to indemnify and hold harmless the Indemnified Parties for the proportionate share of the Liabilities caused by any Indemnified Parties’ active negligence, sole negligence, or willful misconduct. F. In no case will Provider’s coverage be constructed to provide coverage for acts of negligence alleged 3 to be caused by the sole negligence of employees of the City of Ames. VI PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION Provider agrees to hold in trust and confidence any confidential and/or proprietary information or data relating to City business and shall not disseminate or disclose such confidential information to any individual or entity, except Provider’s employees or sub-consultants performing services hereunder (who shall be under a duty of confidentiality), and any other individuals specifically permitted in each instance by City. VII TERMINATION The City of Ames may terminate this Agreement without penalty to City at any time by giving written notice to Provider at least fifteen (15) days before the effective date of such termination. In any case where Provider fails in whole or in part to substantially perform its obligations or has delivered nonconforming services, City shall provide a Cure notice. If, after notice, Provider continues to be in default, City may terminate this Agreement immediately. City shall only be obligated to compensate Provider for compliant services performed prior to notice of termination. VIII INDEPENDENT CONTRACTOR STATUS Provider agrees that the relationship between Provider and City is that of an independent contractor for employment tax purposes. Provider shall be solely responsible for all taxes relating to payments under this agreement including those of employees. IX LAWS This contract is governed by the laws of the State of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa. X ASSIGNMENT This Agreement may not be assigned or transferred by Provider without the prior written consent of City. Notwithstanding the foregoing, Provider may assign, voluntarily or by operation of law, any of its rights or obligations under this Agreement without the prior written consent of City as part of a merger of, acquisition by, or other business combination involving Provider. XI AFFIRMATIVE ACTION Provider shall place on file with City a statement of nondiscrimination policy in the form of a completed Assurance of Compliance with the City of Ames, Iowa, Affirmative Action Program satisfactory to the Affirmative Action Officer of City. XII NOTICE All notices under this Agreement shall be in writing. Notices shall be deemed to have been given: (i) upon hand delivery; or (ii) if sent by Regular Mail, within seventy-two (72) hours after the notice has been deposited in the United States Post Office, postage paid. Notices shall be sent to the other party at the addresses set forth below. Either party may change its address by giving notice in writing thereof to the other parties. City of Ames: Provider: John Dunn, Director Sara Crawford, President Ames Water and Pollution Control Department Sustainable Environmental Consultants 502 Carroll Avenue, PO Box 811 5930 Grand Avenue Ames, IA 50010 West Des Moines, IA 50266 4 XIII DURATION This Agreement shall be in full force and effect from and after October 24, 2023, until completion of the Services, or, until terminated by the City of Ames, Iowa. IN WITNESS WHEREOF the parties hereto have, by their authorized representatives, set their hand and seal as of the date first above written. CITY OF AMES, IOWA SUSTAINABLE ENVIRONMENTAL CONSULTANTS, LLC By: By John A. Haila, Mayor Sara Crawford, President Attest by: Renee Hall, City Clerk 1 APPENDIX A SCOPE OF SERVICES FOR FY 23-24 STORY COUNTY EDGE-OF-FIELD ENGINEERING PROFESSIONAL SERVICES CONTRACT FOR CITY OF AMES WATER POLLUTION AND CONTROL DEPARTMENT Project Overview The Iowa Nutrient Reduction Strategy has identified saturated buffers and bioreactors as cost effective and efficient nitrate reducing practices. The City of Ames (City), along with the Project Partners identified below, has prioritized installation of these practices in the South Skunk River watershed (HUC 07080105). Collectively, this work has been named the Story County Edge-of- Field Project. Increasing the number of Saturated Buffers and Bioreactors within the South Skunk River watershed will help to improve water quality in the watershed and the City of Ames will also capture any quantifiable nutrient reduction credits. These credits will help the City achieve nutrient reduction targets and may help with future nutrient reduction requirements imposed on the City. Story County Edge-of-Field Project Partners include: • Story County Conservation • Story County Soil & Water Conservation District • Iowa Department of Agriculture & Land Stewardship • Natural Resource Conservation Services The Story County Edge-of-Field Project (Project) has evolved into a multi-year project. Recently, Final Completion was accepted for Year 1 of the Project. This included treatment of 22 tile outlets through a combination of 5 Saturated Buffers and 5 Bioreactors. Year 2 of the Project is nearing the bidding phase and will treat up to 21 tile outlets. As design for Year 2 took place, the City of Ames and Project Partners (Project Team) began identifying potential sites for Year 3, contacted landowners to get permission to access their properties, and performed field investigations at each property. The intent of this Request for Proposals (RFP) is to seek proposals from qualified firms (Consultant) to conduct an initial review of field investigation data to determine the suitability of installing either a Saturated Buffer or Bioreactor for each of the 37 tile outlets that have been investigated. Additionally, upon notification from the City of Ames, the Consultant will be asked to complete final design at a yet to be determined subset of the 37 tile outlets. The number of final designs that will be requested will be determined by site-suitability, landowner’s willingness to continue participation, and anticipated construction budget. 1. Scope of Work Phase I: Landowner Outreach and Survey This phase has been completed by the Project Team. Landowners have shown initial interest in participating and have allowed members of the Project Team to complete a 2 field investigation to gather a topographical survey, tile information, and soil documentation on 35-45 outlets. No services requested. Phase II: Initial Determination of Practice Suitability The Project Team will provide field investigation notes and survey data for 37 tile outlets to the Consultant who will determine feasibility of Saturated Buffer/Bioreactor design and estimate the area of impact. It is expected that the firm communicates with the Project Team to ensure data accuracy and that sites are meeting maximum potential. Phase II Deliverables • Drainage Area Plan Map • Scalable, orthographic plan map showing �le loca�on, alignment, and reference number • Delineated �le drainage area (es�mate) • Tile Plan Map • Scalable, orthographic plan map showing �le loca�on, alignment, and descrip�on • Recommended edge-of-field prac�ce loca�on, alignment, and footprint • Loca�on of proposed water control structures • Per�nent property features (fence lines, streams, boundaries, etc.) • Budgetary cost es�mate • Floodplain impact statement Phase III: Landowner Communication The Project Team will lead individual landowner meetings to review Phase II results, funding options, CRP impacts, and determine if the landowner wishes to continue through the process. The Consultant will not be required to participate in these meetings. The City of Ames will communicate to the firm which sites will be continuing through the full design phase. No services requested. Phase IV: Full Design Upon notification from the City of Ames on which sites will be moving forward, the Consultant will complete design, provide construction cost estimate, and construction plans for each practice. Practices must be designed following the applicable Iowa NRCS construction practice standard. The Consultant will develop engineering plans, operation and maintenance manual, and design report for each landowner. One (1) specification package will be developed 3 assuming all plans will be bid together. Plans will utilize Iowa NRCS standard details and available information necessary to meet the NRCS statement of work. For each practice, the Consultant will provide an engineering Opinion of Probable Construction Cost and a checkout sheet for as-built documentation. If necessary, the Consultant will work with the City to prioritize and group plans for bidding purposes or NRCS program deadlines. The City will apply for any required floodplain permits. If necessary, the Consultant will provide any documentation/certifications needed to complete the permitting process at the hourly rate shown in Section 5. Phase IV Deliverables • Comprehensive Design Report • Engineer’s construc�on cost es�mate • Plan sheets and Construc�on Specifica�ons sign/stamped by a Professional Engineer in the State of Iowa mee�ng Iowa NRCS standard and specifica�on • Seeding Plan mee�ng Iowa NRCS (342) Cri�cal Area Plan�ng conserva�on prac�ce • Construc�on Inspec�on Plan • Opera�on and Maintenance Plan • Design documenta�on suppor�ng the edge-of-field prac�ce • Soils informa�on (onsite NRCS inves�ga�on reports, Web Soil Survey reports) • Checkout sheet for as-built documenta�on It is understood that the City of Ames will conduct bid document preparation, bid letting, and construction contract negotiations, and that the Consultant will not provide services for the bidding and contracting items. If potential bidders have questions during the bidding period, the Consultant will be asked to response to those inquiries. Phase V: Construction Services The Consultant will be responsible for facilitating the preconstruction meeting with Project Team and contractor. Following the preconstruction meeting and in advance of construction, the Consultant will perform construction staking for each practice. The Consultant will also be responsible for shop drawing review of Water Control Structures to ensure they meet design requirements. Upon commencement of construction, site conditions may differ from those known during design. Should site conditions require alterations to the design, the Consultant will respond to Change Proposal Requests in order to determine the best course of action in response to found conditions. Following construction, Consultant will review checkout sheet for each practice along with as-built drawings submitted by contractor. Consultant will also perform a site visit with Project Team and contractor in order to review final site conditions and to generate 4 a punch list. Upon contractor’s completion of all punch list items, the Consultants will provide a Statement of Completion for each practice. Phase V Deliverables • Preconstruc�on mee�ng agenda and preconstruc�on mee�ng • Construc�on layout and benchmark establishment • Construc�on and contract correspondence between all project stakeholders • Construc�on material (wood chips, pipe, geotex�le, etc.) and shop drawing (water control structure) review and approval • Responses to Change proposal requests • Construc�on documenta�on (survey notes, construc�on photos, etc.) • Review of contractor checkout sheet and submital of as-built plan sheets • Postconstruc�on site visit with Project Team and Contractor and punch list genera�on • Prac�ce cer�fica�on and statement of comple�on 2. Project Timeline Contract Approval by Ames City Council October 24, 2023 Project Kickoff and Information Handoff October 27, 2023 Completion of Phase II – Initial Determination of Practice December 22, 2023 Completion of Phase IV – Final Design April 8, 2024 Issuance of Notice to Bidders April 30, 2024 Completion of Phase V – Construction Services Fall 2024 3. Travel and Other Reimbursables Travel and other reimbursable expenses are included in the contract pricing and additional payment will be made for travel or other reimbursables. 4 Meetings Estimate that we will have: • 6 virtual project meetings (depending on the project phase) 5 Hourly Rates An hourly rate of $110/hour will be charged for services not included in the Scope of Work. 1 ITEM #: 19 DATE: 10-24-23 DEPT: FLEET COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – PURCHASE OF THREE TRACTOR-LOADER-BACKHOES BACKGROUND: The City’s fleet has three tractor-loader-backhoes (TLBs) operated by Public Works Street and Utility divisions. All three machines are scheduled to be replaced in FY 2023/24. In 2022, prices for TLB equipment increased significantly, outpacing the funding collected from the using department by Fleet Services as escrow for the replacement of the existing equipment. Public Works and Fleet staff discussed ways to best approach acquisition of new machines for the most fiscally responsible outcome. In the past, these three TLBs were purchased separately and each sized differently. Having different makes and sizes created some inefficiencies, since the accessory components such as pavement breakers and tampers were not completely interchangeable. Public Works and Fleet staff analyzed the usage and cost of ownership of these three TLBs and determined the three TLBs will best serve the City if sized uniformly and of the same make. Therefore, bidders were requested to provide a price to purchase or lease three like TLBs, and to provide a trade-in offer for each of the City’s existing three TLBs. The solicitation also gave bidders the option to provide a guaranteed buyback offer for the new machines in five years, with 6,000 hours. The evaluation process for determining the most cost-effective purchase involves several steps beyond simply comparing the base bids. To identify a Net Low Bidder, factors that were compared include the purchase price (or lease price and terms), trade-in offer for the existing three units, buyback offers for the three new machines at the end of five years, warranty options, estimated maintenance and repair costs, fuel usage, stated biodiesel compatibility, and optional accessories. The buyback credit evaluation involves comparing the proposed buyback amount to the amount staff expects to receive if the City was to sell the equipment itself after five years. Staff’s experience is that equipment of this nature can be sold for approximately 35% of the original purchase price after five years. Therefore, the numbers shown in the buyback credit evaluation are the amounts by which the bidder’s buyback guarantee exceeds 35% of the base bid price. If there was no buyback offer or if the buyback offer is less than 35% of the base bid, then the table shows a zero for that vendor, since staff expects to receive better sales terms if the City sold the equipment instead of accepting the buyback offer. 2 Bids for purchase of three Tractor-Loader-Backhoes were received from three vendors. Only one of the three bidders also supplied an alternative proposal for a lease of three replacement machines. Staff evaluated the lease, but after consultation with Legal and Finance staff, it appears that a lease in this instance would be complex or infeasible under Iowa Code requirements pertaining to the value and length of this potential lease. Therefore, staff believes the outright purchase is a better alternative than the proposed lease. The bids for the purchase are described in Table 1, below: TABLE 1. Bid Evaluation *$465,000 - $15,000 has been deducted from the Ziegler’s $480,000 base bid for the $5,000 per machine price reduction if machines are received in 2023 - as offered by Ziegler Caterpillar. ** $(22,310) – Murphy’s buyback requires an additional year of extended comprehensive warranty to be paid for by the City. The table shows the net credit after deducting the additional year of warranty cost. The Buyback Credit is the buyback dollar amount exceeding 35% of the base bid. There were two buyback offers: Murphy Tractor’s was 40.9% of the base bid for a 5.9% bid credit, or $28,063. Ziegler Caterpillar’s was 36.8% of the base bid for a 1.8% bid credit, or $8,231. It is important to note that the Buyback Credit is a calculation used as a bid evaluation tool. Since the amount is an estimate of the funds that would be collected at the time the new units are sold, the cost for the three units being purchased does not contain the buyback credit. Table 2, below, contains the estimated operational costs of each unit. This evaluation is based on expected usage over a five-year period and 5,000 hours of use. Estimated repair and maintenance costs exceeding the limits of the included extended powertrain & hydraulic (PT&H) warranty is included in this evaluation. It should be noted that the Case 590SN is not recommended for biodiesel blends over 5%. The CAT and John Deere machines offered by Murphy and Ziegler are recommended for biodiesel blends of 20%. These machines therefore are more in line with the bid specification and better support the City’s sustainability goals. Bidder Machine Make Model & Year Base Bid for 3 TLBs Trade-in Offer for 3 units Amount by which the Buyback Credit exceeds 35% of bid price for 3 units Bid for 3 TLBs less Trade-in and Buyback Credit Titan Machinery 2024 Case 590SN $ 426,210 $ (137,240) $ (0) $ 288,970 Ziegler Caterpillar 2023 CAT 430 $ 465,000* $ (130,900) $ (8,231) * $ 325,869 Murphy Tractor 2024 John Deere 410P $ 467,712 $ (114,000) $ (28,063) ** $ 325,649 3 TABLE 2. Operational Cost Evaluation Machine Make/Model Fuel use Gal./Hr. Avg. Fuel Use Gal. 5,000 hours ea. unit Fuel Cost @ $3/gal ea. unit Maintenance and Repair w/ PT&H warranty, ea. unit TOTAL Maintenance, Warranty, & Fuel Cost, ea. unit Case 590SN 1.9 9,500 $ 28,500 $ 59,228 $ 87,728 CAT 430 1.4 7,000 $ 21,000 $ 44,250 $ 65,250 JD 410P 1.6 8,000 $ 24,000 $ 58,700 $ 82,700 Finally, the bid information from Table 1, and the Operational Costs from Table 2 are combined to determine the Net Low-Cost Evaluation, in Table 3. Table 3. Net Low-Cost Evaluation Machine Make/Model TOTAL Maint., Warranty, & Fuel Cost, ea. unit (From Table 2) TOTAL Maintenance, Warranty, & Fuel Cost 3 units Bid for 3 TLBs less Trade-in and Buyback Credit (From Table 1) TOTAL Net Low Bid Case 590SN $ 87,728 x3 units= $ 263,184 $ 288,970 $ 552,154 CAT 430 $ 65,250 x3 units= $ 195,750 $ 325,869 $ 521,619 JD 410P $ 82,700 x3 units= $ 248,100 $ 325,649 $ 573,749 Based on the data provided above, the net low-cost evaluation indicates that the bid from Ziegler Caterpillar, for the purchase of three (3) CAT 430 TLBs, is the most cost-effective purchase option. The above evaluation used the extended powertrain & hydraulic warranties from each vendor. These warranties are the type the City has typically purchased for heavy equipment. Staff has experienced increases in repair costs in recent years due to emissions components. For this reason, staff also obtained prices to upgrade each machine’s warranty to a comprehensive warranty, which would cover repairs to emissions components. The warranty upgrades would cost an additional total of $31,290 for the Ziegler (CAT) bid, an additional $92,700 for the Titan (Case) bid, and an additional $35,148 for the Murphy (John Deere) bid. Including the cost of the comprehensive warranty upgrade, Ziegler Caterpillar remains the net low cost bid for the purchase of three (3) CAT 430 TLBs. Funding for this purchase will come from the trade-in and the available replacement funds. To address the shortfall in funding for the purchase, unspent funds in the FY 2023/24 Public Works operating budget will be reallocated to finance the remainder: 4 Purchase Price Ziegler’s (CAT) base price of the 3 Tractor-Loader-Backhoes $ 465,000 Upgrade cost for 3 comprehensive 5-yr warranties 31,290 Total Purchase Costs $ 496,290 Available Funding Fleet replacement funds available on 12/1/2023 $ 342,743 Public Works FY 2023/24 operating budget (reallocation) $ 22,647 Accept Ziegler’s trade-in offer for City’s 3 units 130,900 Total $ 496,290 ALTERNATIVES: 1. Award a contract to Ziegler Caterpillar of Minneapolis, MN, for the purchase of 3 new, 2023 Caterpillar 430 Tractor-Loader-Backhoes, with comprehensive 5-year warranty for a total of $496,290, accept Ziegler’s trade-in offer of $130,900 for the City’s three existing Tractor-Loader-Backhoes for a nest cost of 365,390, and accept Ziegler’s buyback offer for $57,000 for each machine in 5 years/6000 hours should the City choose to exercise the buyback option. 2. Direct staff to award the contract to one of the other bidders. 3. Reject the bids. CITY MANAGER’S RECOMMENDED ACTION: Fleet Services and Public Works agree the 2023 Caterpillar 430 Tractor-Loader- Backhoes, with full warranty, meet the City’s needs as specified, at the lowest price. Therefore, purchasing these three machines will provide the best and most economical equipment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No.1, as described above. ITEM #: 20 DATE: 10-24-23 DEPT: ELEC. COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR ENGINEERING SERVICES TO DESIGN POWER PLANT LOAD CENTER REPLACEMENT BACKGROUND: There are seven load centers that take power from 3-phase 480V buses and distribute it to equipment in the Power Plant. The active load centers are built for old, obsolete breakers. The age makes repairing the circuit breakers unreliable and presents safety challenges. This contract is to perform the engineering to design the replacement load centers at the Power Plant. On July 17, 2023, a Request for Proposals was posted to AmesBids. On August 23, 2023, Purchasing received three proposals, as outlined below. FIRM RANK PRICE Farris Engineering, Omaha, NE 1 $122,822 Burns & McDonnell, Chicago, IL 2 $208,000 Zachry Engineering, Omaha, NE 3 $517,000 Proposals were evaluated by an evaluation team comprised of Electric and Purchasing staff. The evaluation team determined that the proposal from Farris Engineering, Omaha, NE, demonstrated the best project understanding and offered the best qualified professionals. The approved FY 2022/23 CIP budget includes a total of $1,850,000 to complete this three-year project. Of this total, $200,000 has been allocated for engineering. ALTERNATIVES: A. Award a contract to Farris Engineering, Omaha, NE, for Engineering Services to Design Load Center Replacement at the Power Plant, in an amount not to exceed $122,822. B. Award a contract to one of the other firms. C. Reject all proposals and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: The load centers located in the Power Plant are critical infrastructure when considering the reliable and safe operation of the Power Plant. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ITEM #: 21 DATE: 10-10-23 DEPT: ELEC. COUNCIL ACTION FORM SUBJECT: AWARD CONTRACT FOR ENGINEERING SERVICES TO DESIGN STANDBY GENERATION AT POWER PLANT BACKGROUND: There are two battery banks within the Power Plant responsible for powering controls systems and emergency oil pumps for critical systems such as hydrogen seals and turbine bearings. The battery banks can provide a limited window of power during loss of internal generation or grid power. A backup or standby generator can provide power to these critical systems if power is lost, similar to what happened during the 2020 derecho. This contract is to provide engineering services to design standby generation for the Ames Power Plant. On July 17, 2023, a Request for Proposals was posted to AmesBids. On August 23, 2023, Purchasing received three proposals, as outlined below: FIRM RANK PRICE Farris Engineering, Omaha, NE 1 $ 100,118 Burns & McDonnell, Chicago, IL 2 $ 118,000 Zachry Engineering, Omaha, NE 3 $ 125,147.50 After evaluating the proposals, staff determined that the proposal from Farris Engineering, Omaha, NE, demonstrated the best project understanding and presented the best qualified professionals for this project. The approved FY 2023/24 CIP includes $200,000 for engineering for the project. ALTERNATIVES: A. Award a contract to Farris Engineering, of Omaha, NE, for Engineering Services to Design Standby Generation at the Power Plant, in an amount not to exceed $100,118. B. Award a contract to another firm. C. Reject all proposals and direct staff to rebid. CITY MANAGER'S RECOMMENDED ACTION: Loss of power for an extended period in the Power Plant could lead to damaged equipment and hazardous situations. A backup generator allows for continued power to these critical systems and prevents these situations. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM#: 22 DATE: 10-24-23 DEPT: W&PC COUNCIL ACTION FORM SUBJECT: CHANGE ORDER NO. 1 FOR ARCHAEOLOGICAL SERVICES FOR NORTH RIVER VALLEY WELLFIELD AND PIEPLINE (NRV PROJECT) BACKGROUND: On April 11, 2023, the City Council awarded a contract for the construction of the North River Valley Wellfield and Pipeline (NRV) Project. This project will provide a combination of new and replacement water supply capacity by constructing three new wells and an interconnecting pipeline to the Water Treatment Plant. It will also include new fiber optic communication with the Water Treatment Plant for well controls and security measures. The three new wells will also be connected to the existing standby generator located at the Water Treatment Plant to provide emergency power to the wells. The project is being funded through a State Revolving Fund (SRF) loan. While that program provides very competitive financing terms, it also comes with several requirements, including clearance from the State Historical Preservation Office (SHPO). For the NRV project, it was determined by SHPO during the loan’s environmental review process that a portion of the project would be in potentially sensitive archaeological areas (identified by the hatched area in the attached map). This project area is rather large and spans a majority of the open excavation work for the raw water main installation. To satisfy the requirement of SHPO, a certified archaeologist must be present on -site at all times during excavation within the hatched area. The amount of time required varies based on ground water levels, the contractor’s schedule, and the construction methods to be employed. The extent and duration of the excavation work taking place in this area was not known at the time the City solicited services from certified arch aeologists. Staff was hopeful that the dry weather this summer would mean that groundwater would not be significantly impactful, and originally solicited services for three weeks of on-site observation by the archaeologist. Staff retained In Situ Archaeological Consulting to perform this work and issued a purchase order in an amount not -to-exceed $22,773. The contractor has now installed the dewatering wells, and the impact of the groundwater levels on the contractor’s planned schedule is better known. The contractor’s dewatering exploration found the ground water table to be a limiting factor in the speed of excavation, as some portions of the excavation work go as deep as 12 feet and the groundwater levels will slow excavation due to safety (sloping of trench), amount of material to be removed, and working within the ground water table. 2 It is anticipated that instead of the original three weeks of observation, up to 26 weeks may now be required. Staff was not comfortable with entering into a Change Order that took the amount from $22,773 to what could be well in excess of $100,000. To keep the project moving, staff is proposing to add $35,240 to In Situ Archaeological’s current three-week contract, thereby extending the contract by an additional five weeks. This approach gives staff time to work with the consultant and the contractor to refine the scope of work needed and issue a new Request for Proposals for the remaining archaeological work. Therefore, Council should anticipate that staff will return in the future with a new competitively bid agreement to address the scope of work now understood to be required. The project budget is as follows. TOTAL PROJECT FUNDING Water Fund $ 0 Drinking Water SRF Loan 12,161,000 Total Available Funding $ 12,161,000 TOTAL PROJECT EXPENSES Test Drilling $ 124,005 Engineering, Legal, Admin Previous 514,168 Remaining 211,104 Land 111,038 Construction 10,200,956 Geotechnical Services 14,839 Programming Services 36,225 Archaeological Monitoring (original contract) 22,773 Change Order 1 (this action) $35,240 Total Project Expenses $ 11,270,348 ALTERNATIVES: 1. Approve Change Order No. 1 with In Situ Archaeological Consulting for the North River Valley Wellfield and Pipeline Project in the amount of $35,240. 2. Do not approve the Change Order. When the contracted number of days for an on-site archaeologist expires, construction would be required to cease. CITY MANAGER’S RECOMMENDED ACTION: Funding of this important water supply expansion project comes with requirements including clearance from the State Historic Preservation Office. To comply, the City is required to have a certified archaeologist on -site during excavation through areas 3 designated by SHPO. Once construction began, staff discovered that groundwater levels will significantly increase the length of time that an archaeologist will be required. This change order will allow the project to proceed without delay, while providing tim e for staff to prepare a new request for proposals for archaeological services for the remaining, larger scope. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 4 CHANGE ORDER NO. 1 CONTRACT / BID NO: PURCHASE ORDER NO: 062080 October 17th , 2023 Project: Archaeological Services for NRV Well Field and Pipeline Contractor Name: In Situ Archaeological Cons LL Change Orders Approved to Date: Address: 7630 Executive Dr 1 3 City, State, & Zip Code: Eden Prairie, MN 55344 2 4 The contract is modified as follows upon execution of this Change Order. The changes included in this change order are made in order to carry out the original intent of the contract. The changes included in this change order are to be accomplished in accordance with the terms, stipulations, and conditions of the original contract as though included herein. DESCRIPTION COST Add 5 weeks (25 days) of additional daily monitoring $35,240.00 Contract Price: Original contract price: $22,773.00 Change orders approved to date: 0 Amount of this change order: $35,240.00 Adjusted contract price including this change order: $58,013.00 Accepted by City of Ames: Accepted by City of Ames: Accepted for Contractor: ______________________ John Haila, Mayor City of Ames ______________________ Brian Phillips, Asst. City Manager City of Ames ______________________ Signature ______________________ Printed name & title ______________________ Date ______________________ Date ______________________ Date 5 ATTACHMENT: Areas Designated by SHPO as Requiring an On-site Archaeologist ITEM #: 23 DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 ASPHALT STREET PAVEMENT IMPROVEMENTS - (28TH STREET) BACKGROUND: This is the annual program for reconstruction or rehabilitation of deteriorated asphalt streets to prevent premature breakdown of the pavement and increasing maintenance costs. This project was located on 28th St from Hoover Ave to Ferndale Ave. On December 1 3 th, 2022, City Council awarded the 2022/23 Asphalt Street Pavement Improvements (28th St) to Manatt’s Inc, of Ames, Iowa in the amount of $846,926.84. Change Order 1 (Balancing) was approved in the amount of $20,155.56. This change order reflected the actual measured field quantiles and the addition of previously unknown sump service connections. The completed contract amount for 28th St is $867,082.40. A table of total costs and available revenue is shown, below: Available Revenue Estimated Expenses 2022/23 Asphalt Pav Improv G.O. Bonds $3,000,000 2023/24 Storm Water Improvement Program $ 200,000 Shared Use Path Expansion/Maintenance savings $ 69,433 Clear Water Diversion Program $ 18,062 Sanitary Sewer Rehabilitation Program $ 14,168 Water System Improvements Program $ 44,703 28th Street (Final Construction) $ 867,082.40 Oakwood Rd Construction (Under Contract) $2,062,059.90 Engineering/Administration $ 385,000.00 Total $3,346,366 $3,314,142.30 ALTERNATIVES: 1. Accept the 2022/23 Asphalt Street Pavement Improvements (28th St) as completed by Manatt’s Inc, of Ames, Iowa in the amount of $867,082.40. 2. Direct staff to pursue modifications to the project. CITY MANAGER’S RECOMMENDED ACTION: This project has been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 2022/23 Asphalt Pavement Improvements JOHNSON ST 26TH ST HOOVER AVE FERNDALE AVE NORTHWESTERN AVE MELROSE AVE PIERCE AVE TYLER AVE JACKSON DR 28th St (Hoover Ave to Ferndale Ave) ¯ Phase 1 Phase 2 1 ITEM #: 24 DATE: 10-24-23 DEPT: FIRE COUNCIL ACTION FORM SUBJECT: MOBILE OPERATIONS TRAILER AWARD OF BID BACKGROUND: In 1994, the City converted a former CyRide bus into a mobile incident command vehicle. The bus was repainted blue, and the interior of the bus was reconfigured to include a workstation and mobile radios. The bus became underutilized due to a variety of issues. It required special expertise to safely operate, and because it would sit unused for long periods, it was mechanically unreliable. As staff explored a potential replacement option for the bus, a team researched the possibility of replacing the bus with a vehicle based on an RV body. However, these vehicles are expensive to outfit and continue to require routine maintenance to operate. Therefore, staff decided to pursue a multi-purpose trailer-based concept that could be used City-wide by any City department. A trailer would have a small generator to maintain rather than a built-in engine and powertrain, significantly reducing maintenance requirements. A trailer concept has an additional advantage in that it can be produced by a variety of manufacturers. Additionally, the City has a variety of trucks that can move a trailer into operation when needed, which increases the ability to deploy a trailer for different types of City operations, including emergencies, special events, and community engagement activities. The towing of the trailer does not require any special license, increasing the number of City staff who could deploy it. City staff from multiple departments that could potentially use the trailer (including Public Works, Parks and Recreation, Police, Fire, IT, and Electric) developed specifications for a trailer that could serve a variety of needs. On July 31, staff issued a Request for Proposals (RFP) to prospective suppliers. Staff evaluated each vendor based on several factors, including the following: 1. Experience and Technical Ability 2. Ease of Operation 3. Versatility of the Unit 4. Communication Capabilities 5. General Understanding of the Project 2 Proposals were received from four vendors. The scoring of the proposals resulted in the following rankings: Bidder Proposal Score Purchase Price JHB Group 2,100 $214,233.60 LDV, Inc. 2,043 $483,695.00 Nomad GSC 1,974 $406,136.40 Chef Units, LLC 1,562 $379,696.32 The maximum possible score, combining all six evaluators, was 3,000. The proposed product and experience related scores represented 85% of the overall score, and the proposed cost accounted for 20%. During the Merits of Proposal evaluation, Chef Units, LLC received low scores due to lack of experience in the type of trailer requested. LDV, Inc. and Nomad GSC both received favorable Merits of Proposal scores, but it was determined that both units were significantly over the proposed budget without offering significant improvement in function over the unit proposed by JHB Group, Inc. The evaluation team determined that the unit proposed by JHB Group, Inc. represented the best value to the City due to the fact that it met all requirements and is within the proposed budget. At the time of delivery, escrow funds in the amount of $223,500 will be available for the purchase. ALTERNATIVES: 1. Award a contract to JHB Group, Inc. for the purchase of a Mobile Operations Trailer at a cost of $214,233.60. 2. Award a contract to one of the other vendors. 3. Reject the proposals. CITY MANAGER'S RECOMMENDED ACTION: The addition of a mobile operations trailer will greatly increase the City’s ability to reach more customers in both emergency and non-emergency events. By utilizing a trailer platform, services from multiple departments can be deployed into different parts of the community to enhance community outreach events, support City operations, and allow fixed facility services to become mobile. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above. ITEM #: 25 DATE: 10-24-23 DEPT: Parks/PW COUNCIL ACTION FORM SUBJECT: 2023/24 INTELLIGENT TRANSPORTATION SYSTEM (ITS) PHASE 3 BACKGROUND: During the design process of Phase 3 of the ITS program, a National Environmental Policy Act (NEPA) review was performed as required due to the federal funding for the project. The NEPA review determined that the Homewood Golf Course is a “Section 4f” property because it is a publicly owned recreation area. This Phase 3 project includes installing hardware in the utility room of the Homewood Clubhouse and installing conduit and fiber between the clubhouse and 20th Street. Thus, Federal regulations require that any impacts from the project to Homewood (a Section 4f property) need to be fully evaluated to move forward with letting the project. The IDOT presented the City with two options to explain the impacts. The first option of a programmatic evaluation is not feasible for this project due to time and cost impacts to the project. The IDOT then recommended moving forward with the second option, a “De Minimis Impact” explanation. The De Minimis Impact is one that, after considering avoid ance, minimization, mitigation and enhancement measures, the project will result in no adverse effect to the activities, features, or attributes of Homewood. In accordance with the proposed design, all the new conduit on the golf course property will be bored, and an existing conduit will be utilized for getting the fiber installed into the utility room of the clubhouse. Thus, the project will not impact any of the features and attributes of the golf course. Proceeding with the De Minimis Impact process for the project requires the opportunity for the public to comment on the project. IDOT advised that this could be fulfilled by adding an item to a City Council meeting agenda, when public comment can be made. ALTERNATIVES: 1. A) Allow public comment regarding the impact on the Homewood Golf Course. B) Direct staff to maintain the current network design utilizing the Homewood Golf Course property as originally planned in the ITS Master Plan. 2. Direct staff to explore alternative locations that are suitable for network equipment. CITY MANAGER’S RECOMMENDED ACTION: Continuing with the current network design provides the best location for the network equipment and provides an opportunity to integrate Homewood with other city facilities on the network. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. The requested action only deals with segment of project related to the Homewood Golf Course. At a later date, staff will bring the full plans and specifications for City Council approval and setting the date of letting for the total Phase 3 Intelligent Transportation System project. ITEM #: 26 DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: OAKWOOD ROAD SPEED LIMITS BACKGROUND: During development of the 2022/23 Asphalt Street Pavement Program (Oakwood Road), area residents expressed a desire to address unsafe traffic speeds. In response, staff collected speed data and made design adjustments where possible. The final project includes improved pedestrian and bike crossings and better visibility at intersections along Oakwood Road. Based on the speed study, a speed limit reduction from 40 MPH to 35 MPH is recommended from University Blvd to Timberland Rd, while the portion of Oakwood Road from Timberland Rd to State Avenue will remain 40 MPH (see attached map). ALTERNATIVES: 1. Direct the City Attorney to draft an ordinance establishing a 35 MPH speed limit on Oakwood Rd from University Blvd to Timberland Rd, and 40 MPH from Timberland Rd to State Ave. 2. Reject any changes to Oakwood Road speed limits. CITY MANAGER’S RECOMMENDED ACTION: Establishing a 35 MPH speed limit from University Blvd to Timberland Rd will help support the pedestrian and bicycle design changes made with the recent road project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. F ITEM #: 27 DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2024/25 SOUTH 16TH STREET ROADWAY WIDENING – PROFESSIONAL SERVICES AGREEMENT BACKGROUND: South 16th Street, from University Boulevard to the Veterinary Medicine Trail, is a two- lane rural cross section minor arterial roadway. This portion of the road is an Iowa State University institutional road, since it is abutted by University property on both sides. East of the trail, the street widens to four lanes and is under the City’s jurisdiction. This project is for widening South 16 th Street to four lanes from University Boulevard to the Veterinary Medicine Trail, updating the roadway into an urban cross section with curb and gutter, and adding a new traffic signal at South Riverside Drive. The proposed project will include reconstruction of the existing roadway, extension of the box culvert at Worrell Creek, and addition of a multi-use trail along the south and north sides of South 16th Street from University Boulevard to the Veterinary Medicine Trail. The City Council should remember from the approved Capital Improvements Plan that although this section of the roadway is categorized as an institutional road, previous discussions with Iowa State University administrators indicated that funds were not available for ISU to complete improvements to the road. City funds, therefore, are being recommended because: • The project completes a major linkage from University Blvd. to South Duff Avenue, • The project provides transportation resiliency during flood events, • The project provides important safety improvements in the corridor, • The project improves the efficiency of CyRide bus routes, and • The project provides enhanced multi-use capacity and safety (bikes & pedestrians). At a later date, City staff intends to present the City Council with a Memorandum of Understanding (MOU) between the City and ISU, outlining responsibilities for future management and roadway maintenance on this reconstructed segment. On June 12, 2023, staff issued a Request for Proposals for design and development of plans and specifications for the project. Proposals for this work were received from seven engineering firms. The proposals were evaluated on their qualifications according to the following criteria: Project Understanding, Design Team/Key Personnel, Previous Experience, Project Approach, Responsiveness, Ability to perform work, Proposed project design/letting schedule, and Estimated Contract Cost for engineering services. Listed below is the ranking based on this evaluation: After weighing the qualifications and estimated fees for these seven firms, staff has negotiated a contract with Shive Hattery of West Des Moines, Iowa. Shive Hattery scored highest based on qualifications and the firm’s proposal was below the average design cost of $266,307. Staff is confident that a contract with Shive Hattery will provide the best value for professional services considering the firms qualifications. After reviewing the submitted proposals, Iowa State University requested that the professional services agreement include the design of the roadway lighting. This will include all the lighting fixtures and poles per ISU’s standards for roadway lighting. The addition of roadway lighting design is $15,000, which brings the total professional services agreement to an amount not to exceed $273,250. The budget for this project is outlined below: Funding Source Available Revenue Estimated Expenses 2023/24 G.O. Bonds $ 325,000 2024/25 G.O. Bonds 2024/25 STP Funds 741,000 2,814,000 Construction $ 3,230,000 Engineering/Administration 650,000 TOTAL $ 3,880,000 $ 3,880,000 Firm Qualifications Based Points Qualifications Based Rank Fee Total Points Final Rank Shive Hattery 334 1 $ 258,250 340 1 Snyder & Associates 325 2 $ 256,400 332 2 WHKS 323 3 $ 249,750 331 3 Stanley 306 4 $ 230,000 315 4 MSA 305 5 $ 281,250 308 5 CDA 304 6 $ 295,000 305 6 Strand 301 7 $ 293,500 302 7 ALTERNATIVES: 1. Approve a professional services agreement for the 2024/25 South 16th Street Roadway Widening Design project with Shive Hattery of West Des Moines, Iowa, in an amount not-to-exceed $273,250. 2. Direct staff to negotiate an engineering agreement with another consulting firm. CITY MANAGER’S RECOMMENDED ACTION: Based on staff’s evaluation using the above criteria, Shive Hattery will provide the best value to the City for professional services for the 2024/25 South 16 th Street Roadway Widening project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. It should be emphasized that Staff does not believe the action to fund improvements on this Institutional road will establish a new precedent. In this instance, the City extended a major arterial, Grand Ave. with the intent to divert a significant amount of traffic onto the Institutional road, South 16th Street. This additional traffic has added to the congestion at the intersection of South 16th Street and University Avenue, especially during events at Iowa State Center. With little possibility of these needed improvements being made by ISU in the near future, the City funding of these needed improvements appears warranted in this one case. More importantly, it is very unlikely that this same set of circumstances will occur again in the future. South 16th Street Widening Open trenching Sanitary Force main on South side of East Lincoln Way Lift Station Single Lane Alternating Traffic North Side of intersectionS 16TH ST S D U F F A V E GO L D E N A S P E N D R S K E L L O G G A V E ASPEN RIDGE RD ¯Ramp Imp.South 16th Street - University Boulevard to Vet Med Trail New Signal Vet Med Trail Box Culvert D D D D D D D D D D D D D D D D !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 #* #* #*#*#* %2 %2 %2 "S "S "S "S "S "S "S "S"S !!2 !!2 UNIVE R S I T Y B L V D AP P L E P L S R I V E R S I D E D R Roadway Imp. Trail Imp. Page 1 of 4 AGREEMENT FOR CONSULTING SERVICES 2024/25 SOUTH 16TH STREET WIDENING THIS AGREEMENT is made and entered into as of the_________________, by and between the City of Ames, an Iowa Municipal Corporation, with offices located at Ames City Hall, Post Office Box 811, 515 Clark Avenue, Ames, Iowa 50010, hereinafter called "CITY", and Shive- Hattery, Inc., hereinafter called "CONSULTANT". W I T N E S S E T H: WHEREAS, the City desires to retain professional services for the 2024/25 SOUTH 16TH STREET WIDENING, and WHEREAS, the Consultant represents that it is qualified to perform the services under this contract. NOW, THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: 1. SCOPE OF WORK: The services to be performed by Consultant include preparation of documents or consultation on the items described in Exhibit "1", attached hereto and by this reference made a part hereof. 2. AMENDMENTS TO SCOPE OF WORK: There shall be no increase in the amount of payment, Scope of Work or Time of Performance as stated in this Agreement except by written amendment approved by the City. 3. CONSULTANT’S COMPENSATION AND METHOD OF PAYMENT: For the services listed below and described in Exhibit “1”, Consultant shall be paid for the amount stated in Exhibit “2” for a total not to exceed $ 273,250. 4. TIME OF PERFORMANCE: The Consultant agrees that it will diligently and responsibly pursue the performance of the services required of it by this Agreement for completion on or before, as described in the schedule of milestone tasks set out in Exhibit “1”. 5. COOPERATION BY CITY: All public information, data, reports, records, and maps as are existing, available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to the Consultant without charge by the City. The City shall cooperate with the Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement, including turnaround of reviews and approvals. Page 2 of 4 6. DESIGNATED REPRESENTATIVES: The following individuals are hereby designated as representatives of City and Consultant respectively to act as liaison between parties: CITY CONSULTANT Abdelhafiz Ibrahim, P.E. Victoria L. Watts, P.E. Civil Engineer I Project Manager Mrs. Victoria L Watts, P.E. shall be the Project Manager in charge of monitoring performance by the Consultant, and shall be responsible for review of all work products prepared by Consultant. Any change in designated representatives shall be promptly reported to the other party in order to insure proper coordination. 7. STANDARDS OF PERFORMANCE. Consultant shall comply with all known applicable laws, ordinances, and codes of the Federal, State and local governments while performing the services described herein in a good, skillful, and professional manner. Consultant shall also enter into, and comply with, a right of entry agreement with Iowa State University. 8. OWNERSHIP OF DOCUMENTS: All reports, files, drawings, and other material prepared under this Agreement shall become the property of the City and Iowa State University. In the event the City or Iowa State University uses the Instruments of Service without the permission of the authors of the Instruments of Service, the City and Iowa State University release the Consultant from all claims and causes of action arising out of such uses. The City and Iowa State University, to the extent permitted by law, further agrees to indemnify and hold harmless the Consultant from all costs and expenses, including the cost of defense, related claims and causes asserted by any third person or entity to the extent such costs and expenses arise from the City and Iowa State University’s use of the Instruments of Service. 9. PERSONNEL AND ASSIGNMENT: Consultant represents that it has all personnel required to perform the services under this agreement. Consultant’s personnel shall not be employed by, nor have any direct contractual relationship with the City. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. The Consultant shall not assign the performance of the Agreement nor any part thereof without the prior written consent of the City. 10. AUTHORITY OF CONSULTANT: Consultant shall be an independent contractor and shall not incur or have the power to incur, any debt obligation, or liability whatever against the City, or bind the City in any manner. Consultant shall not disseminate any information or reports without the prior approval of the City in writing. Page 3 of 4 11. CONSULTANT’S ACCOUNTING RECORDS: Records of the Consultant's direct personnel, sub-consultants, and reimbursable and other expenses pertaining to the work and records of accounts between City and Consultants shall be kept on a generally recognized standard accounting basis and shall be available to City or its authorized representatives at mutually convenient times. 12. TERMINATION: Either party may terminate this Agreement, with cause, upon thirty (30) days written notice to the other. In the event of such termination, Consultant shall be compensated for all services performed and expenses incurred to the date of termination. Such compensation shall be paid within thirty (30) days of termination. In no event shall the amount due exceed the amount set forth in Exhibit “2”. In the event of disagreement as to a portion of an amount claimed to be owed to the Consultant, the amount not in dispute shall be remitted promptly and the parties shall attempt to resolve their differences with respect to any remaining amounts. 13. NOTICE: Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by mail addressed to the City at: Ames City Hall, P.O. Box 811, 515 Clark Avenue, Ames, Iowa 50010, or to the Consultant at: 4125 Westown Parkway Suite 100 West Des Moines, IA 50266, unless or until a different address may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office, postage paid. This shall be valid and sufficient notice for all purposes. 14. CONFLICT OF INTEREST: Consultant represents and agrees the Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment or any agreement for payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. 15. INDEMNIFICATION: Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other party, employees, Agents or contractors performing under this Agreement. 16. WORKER'S COMPENSATION: Consultant agrees to provide the necessary Worker's Compensation insurance at Consultant's own cost and expense for itself and any employees employed by Consultant. Consultant, and consulting Agent and employees in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or Agents of the City. 17. NON-DISCRIMINATION: During the performance of the Agreement, the Consultant shall not unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, sexual orientation, disability, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 4 of 4 18. ENTIRE AGREEMENT: This Agreement shall constitute the entire Agreement between the parties. This Agreement supersedes any and all prior negotiations, representation, or agreements, either written or oral. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by all parties to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AMES, IOWA CONSULTANT By: By: John Haila, Mayor Victoria L. Watts , P.E. Attest by: Renee Hall, City Clerk Agreement for Consulting Services Project # 2142303840 | October 24, 2023 EXHIBIT 1 – SCOPE OF SERVICES PROJECT DESCRIPTION This project is for reconstruction of South 16th Street to widen from two lanes to four lanes from University Boulevard to the Veterinary Medicine Trail, modify the roadway to an urban cross section with curb and gutter, storm sewer design for the proposed S 16th Street, and traffic signal design at the South Riverside Drive intersection. The project also includes the extension of the box culvert at Worrell Creek and multi-use trail along the southern and northern sides of South 16th Street from University Boulevard to Veterinary Medicine Trail. SCOPE OF SERVICES We will provide the following services for the project: Civil Engineering, Land Surveying, Structural Engineering, Traffic Engineering and Transportation Engineering, Subsurface Exploration, and Lighting Photometrics These services will consist of the following tasks: The project will include the design of the following items: A. Reconstruction of South 16th Street from University Boulevard to the Veterinary Medicine Trail including urbanization by adding curb and gutter to the roadway. The roadway shall be reconstructed as a four-lane roadway matching existing roadway sections east of this location on S 16th Street. B. Design of storm water surface spread and storm sewer analysis. C. Design of multi-use trails on the north and south side of South 16th Street from University Boulevard to the Veterinary Medicine Trail. D. Traffic signal design at South Riverside Drive and South 16th Street. E. S 16th Street Lighting Design, Layout, and Photometrics for proposed roadway improvements. F. Worrell Creek Culvert extension. G. Modifications to the existing median, storm sewer, and striping on University Boulevard for sidewalk crosswalks. Additional modifications on University Boulevard are not anticipated. H. Pedestrian sidewalk ramp design at the University Boulevard/S 16th Street intersection and the South Riverside Drive/S 16th Street intersection. Coordination with traffic signal project (by others) at the University Boulevard/S 16th Street intersection for pedestrian push button locations may be required. Project Management and Coordination A. Project Meetings 1) Kickoff Meeting – The CONSULTANT shall coordinate and lead a project kickoff meeting with appropriate City of Ames and Iowa State University staff. 2) Project Review Meetings – The CONSULTANT shall lead project review meetings with City of Ames and Iowa State University staff at key stages during the design process – meetings are anticipated at Preliminary Plans, Check Plans, and Final Plans. Page 2 of 5 Project # 2142303840 | October 24, 2023 3) Prepare meeting minutes and documentation of items discussed at project meetings. B. Bi-Weekly Progress Reporting – The CONSULTANT shall provide progress reporting with action items on bi-weekly basis throughout the design process. C. Quality Control – The CONSULTANT shall provide on-going Quality Control throughout the design process. Coordination A. The CONSULTANT shall coordinate with City Staff, Iowa State University, CyRide and the Iowa Department of Transportation (IDOT) for the project design. Surveys and Mapping A. The CONSULTANT shall perform field and office tasks required to collect topographic data and right-of-way information deemed necessary to complete the project. Potholing is not anticipated during design, however potholing during construction may be completed by others. B. The CONSULTANT will conduct field surveys to obtain topographic data, ground elevations, and cross sections required for the development of the Project. C. The CONSULTANT will contact the various utility companies and collect available information on underground utility locations and incorporate such availability utility information into the base mapping of the project. Utilities to be researched include sanitary sewer, storm sewer, electric, gas, water, telephone, cable, and fiber optic lines. D. The CONSULTANT will research City, County, and State Records to establish location of property lines, right-of-way lines, and property ownership for the properties affected by the project and incorporate this data into the base mapping of the project. E. The CONSULTANT shall provide staking for soil boring locations. Project Permitting A. The CONSULTANT shall prepare the requirements for the National Environmental Policy Act (NEPA) process, including the following: 1) Iowa DOT concept statement submittal. 2) Phase I Cultural and Archeological Study shall be conducted by subconsultant. 3) Phase I Environment Site Assessment 4) Flood plain permitting through the Iowa Department of Natural Resources and the City of Ames. 5) United States Army Corps of Engineers permitting for section 404 of the Clean Water Act. B. It is assumed the project will achieve NEPA clearance as a programmatically categorical exclusion. Preliminary Design and Plans A. Preliminary Plans according to the Iowa DOT Office of Local Systems Preliminary Plan Checklist 1) Sheets to be included: a) A Sheets – Title Sheet and Location Map Page 3 of 5 Project # 2142303840 | October 24, 2023 b) B Sheets – Typical Sections c) D Sheets – Mainline Roadway Plan and Profile Sheets d) N Sheets – Traffic Signal/Accessible Pedestrian Push Button Sheets e) S Sheets – Sidewalk Ramp Sheets f) V Sheets – Culvert Type, Size, Location (TSL) 2) Preliminary Plans and Preliminary Opinion of Probable Costs shall be submitted to the City of Ames. 3) Coordinate with utility companies in the corridor on existing facilities and relocations if necessary. 4) Temporary and Permanent Easement Exhibits for the City of Ames to use for coordination with Iowa State University. 5) Attend one-on-one meetings with Iowa State, College of Veterinary Medicine, and Department of Athletics, three (3) total meetings assumed, to be coordinated by the City of Ames. Subsurface Exploration Services (These services shall be by subconsultant.) A. Sub-Consultant shall provide boring plan of boring, including location, restoration, and road closure notifications. B. Sub-Consultant will drill and sample five (5) soil borings for the roadway at a depth of 10 feet and 2 borings for the culvert extension at a depth of 20 feet. Sub-Consultant to backfill and patch borings at completion of drilling. C. Sub-Consultants laboratory testing shall include moisture contents, dry densities, unconfined compressive strength tests and one (1) Atterberg limits, one (1) gran analysis, and one (1) standard Proctor for soil classification for subgrade suitability. D. An engineering analysis, including pavement thickness analysis, and a written report shall be provided. Public Meetings A. The CONSULTANT shall record a public information video for the City’s use prior to the public information meeting. B. The CONSULTANT shall prepare and attend one (1) public information meeting. 1) Prepare exhibits necessary to convey project design, options, and gather feedback. 2) Document meeting minutes and comments received. Check/Final Design and Plans A. Prepare/Submit Check Plans in accordance with Iowa DOT Check Plan Checklist. Sheets to be included: 1) A Sheets - Title Sheet and Location Map 2) B Sheets - Typical Sections and Details 3) C Sheets - Estimated Project Quantities, Estimate Reference Information, Pollution Prevention Plan, and Tabulations 4) D Sheets - Mainline Roadway Plan and Profile Sheets 5) E Sheets - Side Road Plan and Profile Sheets (as necessary) 6) G Sheets - Survey Control Sheets 7) H Sheets - Right-of-Way Sheets (if necessary). Information may be shown on D Sheets. Page 4 of 5 Project # 2142303840 | October 24, 2023 8) J Sheets - Traffic Control and Staging Sheets, Property Owner Access 9) L Sheets - Intersection Geometric Sheets 10) M Sheets - Storm Sewer Sheets and Tabulation 11) N Sheets - Pavement Striping and Traffic Signal/Accessible Pedestrian Push Button Sheets. Traffic Signals at South Riverside Drive and S 16th Street intersection only. 12) P Sheets –Roadway Lighting Design, layout, and photometric analysis. Road lighting design will be based on Iowa State University’s standard roadway light fixture and pole, the design plans will include Iowa State University’s standard roadway lighting equipment detail. All site lighting equipment shall be provided and installed by the electrical contractor. 13) U Sheets - Removal Sheets (if required, information may be included on the D Sheets). 14) V Sheets – Culvert extension sheets 15) W Sheets - Mainline Cross Section Sheets 16) X Sheets – Side Road Cross Sections (as necessary) B. Submit Check Plans and Opinion of Probable Cost to City of Ames and Iowa DOT. C. Prepare Final Plans based upon City of Ames/IDOT/ISU comments on Check Plans. 1) Submit Final Plans and Opinion of Probable Cost to City of Ames. 2) Prepare and Submit Project Development Certificate (PDC) to IDOT. Bidding A. Project to be let in one bid package by the Iowa DOT. B. Answer contractor questions during bidding. C. Attend Preconstruction Meeting and distribute meeting minutes. CLIENT RESPONSIBILITIES It will be your responsibility to provide the following: 1. Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in a timely manner in order to avoid delays of Shive-Hattery’s services. 2. Legal, accounting, and insurance counseling services or other consultants, or vendors that may be necessary. The Client shall coordinate these services with those services provided by Shive-Hattery. 3. Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 4. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits, and reports required by law, regulation or code including but not limited to hazardous materials, chemical, and water pollution tests. 5. Provide Shive-Hattery personnel access to the site as required. Shive-Hattery will sign a right of entry agreement with Iowa State University for such access. 6. Shive-Hattery is not a municipal advisor as defined by the Dodd-Frank Act and as such does not offer municipal advisory services including advice regarding any municipal financial products or securities. Any advice or recommendations provided to the client is intended as architectural/engineering services and should not be interpreted as advice regarding municipal financial products or services. The client understands they are responsible to retain the services of a registered municipal advisor for any advice it seeks regarding municipal financial products or securities. Page 5 of 5 Project # 2142303840 | October 24, 2023 SCHEDULE We will begin our services upon receipt of this Agreement executed by you which will serve as a notice to proceed. The services shall be performed in accordance with the following: 1. Notice to Proceed October 25, 2023 2. IDOT Concept Statement December 19, 2023 3. City of Ames and IDOT Preliminary Plans Submittal June 18, 2024 4. City of Ames and IDOT Check Plans Submittal August 06th, 2024 5. City of Ames and IDOT Final Plans Submittal September 17th, 2024 6. IDOT Bid Letting December 17th, 2024 7. Construction seasons of 2025 and 2026 COMPENSATION Description Fee Type Fee Estimated Expenses Total Scope of Services Hourly w/Max $273,250 Included $273,250 ESTIMATED TOTAL $273,250 $273,250 Fee Types: 1. Hourly w/Max - We will provide the Scope of Services on an hourly rate basis at our Standard Hourly Fee Schedule in effect at the time that the services are performed. We will not exceed the estimated amounts above without your prior authorization. Expenses: 2. Included – For Fixed Fee Type, expenses have been included in the Fee amount. For Hourly Fee Types, expenses will be reimbursed in accordance with our Reimbursable Expense Fee Schedule in effect at the time the expense is incurred. See attached Standard Hourly and Expense Fee Schedule. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES The following are additional services you may require for your project. We can provide these services, but they are not part of this proposal at this time: 1. Televising of existing utilities. 2. Wetland and Waters of the US Mitigation and Monitoring. 3. Sanitary Sewer and Watermain Improvements 4. Land acquisition shall be from Iowa State University, it is anticipated land acquisition negotiation services will not be required. 5. Provide services for FEMA CLOMR/LOMR Process. 6. Design of Channel Improvements to Worrell Creek. 7. Aesthetics, landscaping, and signage design for the corridor. 8. Traffic Study for the corridor or intersections within the project area. EXHIBIT 2 – SHIVE-HATTERY STANDARD HOURLY FEE SCHEDULE Effective January 1, 2023 to December 31, 2023 PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $104.00 Grade 1 $ 73.00 Grade 2 $124.00 Grade 2 $ 89.00 Grade 3 $138.00 Grade 3 $102.00 Grade 4 $154.00 Grade 4 $110.00 Grade 5 $172.00 Grade 5 $123.00 Grade 6 $185.00 Grade 6 $141.00 Grade 7 $202.00 Grade 7 $157.00 Grade 8 $221.00 Grade 9 $240.00 ADMIN STAFF: $ 71.00 SURVEY STAFF: One Person $158.00 Two Person $245.00 One Person with ATV $183.00 Two Person with ATV $270.00 Drone Surveyor (Video or Photogrammetry) $195.00 Drone Surveyor (Thermography) $360.00 Reality Capture Processing $161.00 Hydrographic Survey Crew (Two Person) $311.00 Scanning Surveyor $215.00 Surveyor with Two Scanners $295.00 Surveyor with Three Scanners $375.00 Ground Penetrating Radar $160.00 REIMBURSABLE EXPENSES: TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.65/ Mile Prints/Plots: Mileage- Survey Trucks $0.75/ Mile Bond $ .30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $ .75/Sq. Ft. Airfare Cost + 10% Photogloss $ .90/Sq. Ft. Car Rental Cost + 10% Color Bond $ .60/Sq. Ft. Foam Core Mounting $ 13.00 OUTSIDE SERVICES Aerial Photogrammetry Cost + 10% Color Prints: Professional Services Cost + 10% Letter Size $ 1.00 Prints/Plots/Photos Cost + 10% Legal Size $ 2.00 Deliveries Cost + 10% 1 ITEM #: 28 DATE: 10-24-23 DEPT: P&H Staff Report REQUEST FOR THE CITY OF AMES TO PURSUE A GRANT FOR NOMINATION OF CHAUTAUQUA PARK-RIDGEWOOD ADDITIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES (NRHP) October 24, 2023 BACKGROUND: On August 22, 2023, City Council referred the request received from Devon Lewis who represents an ad hoc committee that has formed from residents of the Chautauqua Park - Ridgewood Addition neighborhoods (see Letter included as “Attachment A”). The neighborhood covers the area between 6th and 13th Streets, and between Brookr idge Park and the Railroad tracks - specifically Brookridge Avenue, Ridgewood Avenue, Lee Street, Park Way, Orchard Drive, and Blackwood Circle (see Map included as “Attachment B”). Staff provided City Council a memo with options to consider for funding and timing of the request. At the City Council meeting on September 26, 2023, the City Council directed that this request and the options to be placed on a Council agenda. It has been included on this agenda, so it can be discussed along with the Planning Work Plan Priorities being discussed as a separate agenda item. This area was the recent subject of the Chautauqua Park -Ridgewood Intensive Level Survey (survey) that was completed in 2022, under a CLG Grant for $14,000 (see www.CityOfAmes.org/HistoricSurvey). The survey indicated that the Chautauqua Park- Ridgewood Additions neighborhood has a high level of historic integrity with 176 contributing buildings including both houses and detached garages (see Contributing Properties included as “Attachment C”) representing 81% of the 150 properties. Neighborhood outreach during completion of the survey included a discussion of “What is a Historic District?” (see Historic District Fact Sheet included as “Attachment D”). An informal inquiry of the 43 people who attended indicated support of a National Register of Historic Places (NRHP) nomination. However, the inquiry was representative of only 20% of the properties. However, staff noted that if a NRHP nomination were to be pursued, it would be necessary to determine if the majority of the neighborhood would support it. As a result of the survey work, the residents of the Chautauqua Park-Ridgewood Additions neighborhood decided to form an ad hoc committee specifically to ascertain the interest from their neighbors on a NRHP nomination and if the majority of the neighborhood would support it. As reported in Devon Lewis’ Letter, the committee 2 contacted each of the 150 properties and received an overwhelming response in favor of pursuing a NRHP nomination. The neighborhood seeks support to prepare an application for listing on the National Register of Historic Places (HRHP), they are not proposing to create a local historic district with mandatory design requirements. Under Federal Law, property owners retain their rights to alter, demo lish, preserve, or sell their properties within the framework of local laws or ordinances. The listing of a property in the NRHP places no restrictions, unless the property is involved in a project that receives Federal assistance (see Historic District Fa ct Sheet included as “Attachment D” and NHRP Listings in Story County included as “Attachment E”). Within Ames there are currently three NRHP districts: Ames Main Street Historic District; Bandshell Park Historic District; and Old Town Historic District. Although any group or property owner can cause an application to be prepared, the Neighborhood requests the City take on this task of the nomination. The City has been involved at least partially in the preparation of the three existing districts, to varying degrees. The City was responsible for Old Town and Bandshell, and began the work for the Downtown District and provided funding for it. In order to pursue a NRHP nomination, funding would be needed for the hiring of a consultant to complete required research and prepare the nomination forms. The completed survey would be the basis of most of the work. Staff believes that as a rough estimate, it would cost approximately $16,000 to $18,000 for a consultant. Ames is a Certified Local Government and qualifies as an applicant for two state grant programs that can assist in preparation of a NRHP Application: • Certified Local Government (CLG) Grant • Historical Resource Development Program (HRDP) Grant With a grant from the State, the costs to the City could be reduced. Options for pursuing a grant are described below. In addition to consideration of costs, the City Council would have to consider the prioritization of the project with other City Council initiatives for the Planning and Housing Work Plan. OPTIONS: Option 1- Direct staff to prepare a grant application in 2023/24 and upon notice of grant award to implement the project in FY 2024/25. The ad hoc committee is requesting your support and assistance in moving a NRHP nomination forward for the Chautauqua Park-Ridgewood Additions, by authorizing the pursuit of a grant. City staff would prepare and submit the grant application to the state. Staff recently learned that the Fall CLG Grant period has been extended with the deadline being December 15, 2023. Otherwise, the next available grant application period is in the spring of 2024. 3 If the City is awarded the grant, staff would hire a consultant and administer the grant. Staff estimates a need for a cash obligation from the City of $6,000 to supplement the grant. Funding could be approved in next fiscal year’s budget as a match for a grant. If Council is interested in this option, the item should be included in the Planning Work Plan Priorities for FY 2023/2024 in support of staff involvement. Staff would include a funding plan for the project with the proposed budget in February 2024. Option 2 - Direct staff to prepare a grant application in FY24/25 and upon notice of award to implement the project in FY25/26 with funding of up to $6,000 and in-kind staff hours needed to meet the grant match requirements. This option prioritizes pursing the project next year fiscal year, including applying for a grant, and directs staff to identify funding for the fiscal year thereafter. If Council is interested in this option, the item should be included in the Planning Work Plan Priorities for 2024/25. Staff would include a funding plan for the project with the proposed budget in February 2024. Option 3 - Do Not Direct Staff to Prepare a Grant Application for a Listing on the NRHP for the Chautauqua Park-Ridgewood Additions as a Priority Council project for 2024. City Council could determine that funding is not available for the project or not a priority for staff time at this time. Under this option the project would not be included in the Planning Division Workplan as a priority. The project would go to the “parking lot” section for future consideration. STAFF COMMENTS: If Council is interested in Option 1 or 2, the item should be included in the Planning Work Plan Priorities. The primary distinction between Option 1 and Option 2 is whether the City would affirmatively commit to providing some level of funding and staff time in either FY 2023/24 or FY 2024/25. Option 3 would require no action by Council at this time. 4 ATTACHMENT A Letter from Devon Lewis and Ad Hoc Committee 5 ATTACHMENT B Map of the Chautauqua Park-Ridgewood Study Area 6 ATTACHMENT C Contributing Properties Map 7 ATTACHMENT D Historic District Fact Sheet-Handout Prepared by City of Ames, Planning & Housing Department October 2022 Benefits of Historic Preservation Historic district designation can help stabilize a neighborhood, stimulate increased owner-occupancy by making it a more distinct and desirable place to live, and can encourage investment in the rehabilitation of buildings. These beneficial effects vary, depending on the area and the economy at the time, but overall, historic district designation has produced positive results in Ames. What Makes Something Historic? To be considered eligible as a “historic” building, a building is typically at least 50 years of age – but not everything 50 years old is considered significant. There are other criteria to consider. The decision to protect historic places rests in the meaning they bring to our lives and the ways they define and mark our history. For example, • A building may be historic because it was designed by a well- known architect or was the place where a significant event occurred (such as a battlefield). • A building may also be historic because it signifies patterns of settlement and trade, incorporated local materials and methods in construction, or because it is typical of the time. What is a historic district? • An area or neighborhood that has a concentration of historic resources, which retain their architectural integrity and represent an important aspect of the area’s history (periods of growth, historic architectural styles, etc.) • There are two types of historic districts: Designation on the National Register of Historic Places and Local District designation (by the City Council). A district may be listed at either the National or Local level or both. • There are many misconceptions about what it means to live in a historic district, and the benefits historic districts can provide are numerous. Misconceptions About Historic Districts • The designation of property in either type of district does not raise the property tax on any particular property. (Property tax increases are based on property values and determined independently.) • Neither type of historic district can restrict the use or sale of a property; that is predetermined through local zoning ordinances. What are the benefits of historic district designation? National Register- • A National Register of Historic Places listing identifies an area of the community that includes individual buildings, structures, sites, and objects that are historically, architecturally, or archaeologically significant. Its boundaries are tightly drawn to encompass only concentrated areas of significant properties and does not affect noncontributing elements. A listing on the National Register of Historic Places (NRHP) is honorary. Ames has three NRHP historic district listings: Ames Main Street Historic District; Bandshell Park Historic District; and Old Town Historic District. Additionally, there are seventeen individual building/property listings. 8 • Financial benefits- There are many local, state, and federal programs to assist qualifying rehabilitation projects. The website includes a listing of various programs. Foremost is the state tax credit for owners who rehabilitate residential buildings. Homes that obtain the state tax credit may also get local property taxes reduced for up to 4 years after a rehabilitation project is completed. (Please verify availability, as such programs are subject to change.) • Listing on the National Register places no federal restrictions or requirements on a private property owner unless federal funds are used. Property owners retain all of their rights to alter, demolish, preserve, or sell their properties, within the framework of local laws or ordinances. However, if significant modifications are made that are incompatible with the historic character of the property or if it is demolished, the property may be delisted from the National Register. • If a majority of property owners object, the district will not be listed but may be forwarded to the National Park Service for a Determination of Eligibility (DOE). Local Historic District– • A local historic district is an area established by the Ames City Council, which contains buildings and properties considered valuable for historical or architectural reasons. Ames currently has only one local historic district, the Old Town Historic District. • Financial benefits- There are many local, state, and federal programs to assist qualifying rehabilitation projects. The website includes a listing of various programs. Foremost is the state tax credit for owners who rehabilitate residential buildings. Homes that obtain the state tax credit may also get local property taxes reduced for up to 4 years after a rehabilitation project is completed. (Please verify availability, as such programs are subject to change.) • Establishment of a local historic district helps ensure that growth, development, and change take place in ways that respect the important architectural, historical, cultural, and environmental characteristics of the district. • A local historic district receives legal protection from certain types of development considered to be inappropriate. The Historic Preservation Commission approves exterior changes to structures and issues Certificates of Appropriateness (COA) before a building or demolition permit is issued. The degree of protection depends on the details included in the local ordinance that is adopted to govern the district. (Not every district has to be the same.) • The City of Ames does not charge to review Certificate of Appropriateness. For certain minor changes to buildings, homeowners can consult with the Department of Planning & Housing and receive approval. Major changes, new construction, and demolition, however, require homeowners to get approval from the Ames Historic Preservation Commission. • Sites designated in a local historic district may be given more leniency in complying with certain building code requirements, such as the height of porch railings. • A local nomination may only be proposed by an owner or owners of property within the area; the City Council will not established a local historic district, if the majority of property owners object. For information on the Chautauqua Park-Ridgewood Intensive Survey, go to: www.CityofAmes.org/HistoricSurvey or https://cityofames.org/government/departments-divisions-i-z/planning/historic-preservation or contact: Eloise.Sahlstrom@cityofames.org (515) 239-5400 For more information from the State of Iowa on National Register of Historic Places, go to: www.iowaculture.gov/history/preservation/national-register-historic-places , or contact: Allison.Archambo@iowa.gov State Historic Preservation Office, (515) 281-6826 9 ATTACHMENT E NRHP Listing of Properties in Story County 1 ITEM: __29___ Staff Report TEXT AMENDMENT FOR REDUCED AFFORDABLE HOUSING PARKING RATE October 24, 2023 BACKGROUND: On June 20, 2023, the City Council held a workshop to discuss the City’s strategy to support development of additional affordable housing. In defining affordable housing, and specifically rental housing, the City Council discussed focusing on households with incomes at or below 60% of the Area Median Income (AMI). The 60% AMI threshold is the highest income level that would still be considered a low-income household consistent with state and federal programs. Incomes above 60% AMI can typically afford market-based rent levels. Income tables based upon household size are included within the Addendum. Staff presented the City Council several strategies to increase housing for low- to moderate-income residents. One strategy was to consider the impact of regulations (e.g., building and zoning codes). Common code impediments include lot size requirements, limits on building size, architectural and design requirements, and minimum parking requirements. The City Council directed staff to address parking requirements as the first initiative related to the affordable housing strategy. Minimum parking requirements can be an efficiency and cost impediment for multi-family housing, where a large surface parking lot is typically required due to multiple units. Parking adds costs to a development—typically $3,000-$4,00 per space for surface parking and more for structured parking. Parking also occupies space that may otherwise be used for a larger building area, landscaping, or amenities. Therefore, right-sizing parking for affordable housing projects could be a valuable mechanism to support more housing. PARKING REQUIREMENTS: Currently, the City of Ames allows for a reduced parking rate with City Council approval of a Planned Unit Development (PUD). The parking rate can be reduced to 1.5 parking spaces per unit for affordable housing use. Outside of a PUD, the City requires 1.0 parking space per bedroom for 2-, 3-, 4-, and 5-bedroom units and 1.5 spaces for a studio or 1-bedroom unit. There is no separate guest parking requirement. Downtown, Campustown, and the Downtown Gateway zoning districts have reduced parking requirements. Within the University Impacted areas, an extra 25% of parking requirements is required for residential dwellings. 2 To develop the proposed ordinance, staff performed sample counts at three affordable housing developments in Ames during peak usage hours to determine parking utilization. Staff observed between 35%-47% of provided parking was utilized. Staff concluded that all the affordable housing developments underutilized the available parking (Table 2 of the Addendum). Staff also researched several peer communities and found the maximum rate required by a comparison city for a 3-bedroom affordable unit was under 1.5 spaces. For 1- and 2- bedroom units, the rates required were closer to 1.0 space per unit after reductions. The Addendum includes the full results of this research and additional housing information for Ames. PROPOSED ORDINANCE LANGUAGE: Staff has drafted the text changes shown in Attachment A with a two-tiered staff approval and a City Council approval option. The proposed changes would apply city-wide to new affordable housing developments, including within University-Impacted areas (East and West University Impacted Overlay Districts). The ordinance addresses the reduced rate, approval authority, and requirements for defined affordability levels and duration. The proposed reductions would only apply to household living uses that are affordable housing. Household living is the category of use that applies to apartments and other dwellings (one- and two-family) where each unit houses one household and occupants have an average residency of 60 days or more. This differs from a group living use, including shelters, which may include a social service use providing shelter housing or other shared housing options. These uses utilize a 1.0-space-per-three-beds parking standard. The proposed ordinance allows staff to approve a reduction to 1.0 space per unit for units with two or fewer bedrooms and a reduction to 1.5 spaces per unit for units with three to four bedrooms. This reduction would be permitted in developments where a minimum of 40% of the units are restricted to households with incomes below 60% of the AMI. Therefore, the proposed ordinance decreases parking from current requirements for 1-bedroom units by 33%, by 50% for 2- and 3- bedroom units, and by 62.5% for a 4-bedroom unit. These reductions are in line with staff’s sampling of utilization at existing facilities in Ames. If a development has both affordable and market-rate units, only the affordable units are eligible for the reductions. The proposed ordinance also allows the City Council to grant additional reductions as low as 1.0 space per unit for developments with access to public transit (within a quarter mile). Further reductions may be granted by the Council for developments that are permanently committed to serving households with incomes below 30% of the AMI. For developments serving households below 30% of the AMI, the ordinance prescribes no minimum or floor for parking. 3 The proposed ordinance requires than any authorized parking reductions require an acceptable affordable housing agreement that dedicates the property to affordable housing for a minimum of 30 years. The 30-year affordability period is the same period required for the LIHTC program and the minimum time period recommended by staff. At the end of 30 years, the development may be converted to market-rate units without providing additional parking. The current parking requirements, staff-approved reduction option, and Council-approved reduction options are summarized in the below table. Comparison of Current and Proposed Parking Requirements Current Parking Rates Staff Approved Reduction Council Approved Reduction for Transit Access Council Approved Reduction for Extremely Low-Income (30% AMI) Households 1-bedroom Units 1.5 1 1 At Council’s Discretion 2-bedroom Units 2 1 1 At Council’s Discretion 3-bedroom Units 3 1.5 1 At Council’s Discretion 4-bedroom Units 4 1.5 1 At Council’s Discretion 5-bedroom Units 5 5 5 At Council’s Discretion With staff approval, the discretion of evaluating and granting the reduction would be more ministerial. This would create a more efficient system for project reviews of housing at typical affordability levels (60% AMI) that are affiliated with state and federal affordable housing programs. City Council review would be required for more unique circumstances. City Council would have greater discretion in its review, and likely evaluate an organization’s capacity and experience in building and operating affordable housing. If the understanding of the affordable housing developer’s operations or experience with projects is a concern, staff may instead recommend City Council approval for all types of projects. The proposed standards are further discussed in the Addendum. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission reviewed the proposed amendment at its October 4, 2023, meeting. Staff described the Council’s goal to increase the supply of affordable housing and how it is affected by parking requirements. Staff also presented the counts from peak usage hours at affordable housing developments in Ames and parking reductions for affordable housing offered by peer communities. Note that the original proposal to the Planning and Zoning Commission was for a uniform 1.5 spaces per unit; the current proposal is 1.0 space for 1- and 2-bedroom units and 1.5 for 3- and 4-bedroom units as a result of the Commission’s review. The Commission’s discussion focused on two main issues: the 30-year affordability period prescribed by the ordinance (longer or shorter) and the parking rate allowed with staff approval. No public input was provided. Several Commissioners were concerned that the 30-year rate was too long as some federal affordable housing programs require a shorter affordability period. Staff noted as the City of Ames administers the HOME Investment 4 Partnerships Program (HOME) funds, a longer period may be required by the City for developments utilizing the program. In staff’s recent experience soliciting proposals to develop “Creekside” in the Baker Subdivision, a 30-year affordability period was the minimum requested by the City. The reduction would be for larger projects that require substantial capital investment and are planned to be income-restricted for the long term rather than individual assistance programs. Other Commissioners felt that the units should be required to be income-restricted for a longer period of time, as at the end of the affordability period, the development may be converted to market-rate units without providing additional parking. However, several were concerned this would discourage development. The parking discussion touched upon whether the proposed rate was low enough to be an incentive and whether the reduced rate could result in overflow parking into neighborhoods. After review of the comparable rates and staff’s survey, the Commission believed smaller units should also get a reduction compared to staff’s original proposed rate (1.5 spaces per unit). However, there were also comments about the long-term concerns that after the affordability period expired there may not be enough parking if the rates are too low for non-low income household use and how that could impact neighborhoods. Ultimately, the Commission voted (5-2) to recommend the City Council allow staff to reduce parking rates for affordable housing developments to 1.0 space per unit for units with two or fewer bedrooms and 1.5 spaces per unit for units with three to four bedrooms. They also supported the City Council-approvable reduction options, and the terms of the affordability agreement, including the 30-year affordability period, as proposed by staff. OPTIONS: Option 1—Direct staff to proceed with preparing a draft ordinance consistent with Attachment A for staff approval of a reduction to 1.0 parking spaces for two bedrooms or less and for 1.5 spaces per unit for 3- and 4-bedroom units and to allow City Council approval of additional reductions all subject to approval of minimum of a 30-year affordability agreement. Given the City Council’s desire to support additional affordable housing opportunities within the city, the City Council may determine that proceeding with public hearings for a zoning text amendment as proposed is the next step. Option 2— Direct staff to proceed with preparing a draft ordinance that allows for staff to approve only a uniform affordable housing parking rate of 1.5 parking spaces per unit, with all other standards as proposed with Attachment A. Option 3—Direct staff to modify certain requirements of the draft regulations for a reduced parking rate for affordable housing and proceed with drafting an ordinance for public hearings as described in Option 1. 5 Given the options for the reduced rate, staff versus City Council approval, targeted income levels, and the affordability term required, the City Council may find amendments to the proposed ordinance better support the Council’s goal to create additional affordable housing opportunities within the city or better conform to Council’s perspective on the parking needs of the community. If the Council finds certain requirements too restrictive, it could modify the affordability period, modify the income restriction levels or the percentage of income-restricted units required under the staff-approved reduction option, further reduce the parking rates allowed through staff or Council approval, or modify the City Council-approved rate reductions to also be approved by staff. If the Council finds the proposed regulations do not satisfy concerns about providing sufficient parking at affordable housing developments in the short-term, or at the end of the 30-year affordability period, it could modify the proposed rates under the staff-approved option to 1.5 spaces per unit regardless of bedroom count, or another rate. Option 4— Direct staff to engage in further analysis of the parking needs of affordable housing developments or peer-community best practices for affordable housing parking rates. Staff researched several Iowa communities and other Midwestern college towns. Few had provisions to reduce parking rates for any use, and fewer for affordable housing uses. Staff performed counts at all Ames affordable housing developments to supplement information from peer communities. Staff believes this research is sufficient to inform the proposed ordinance, given that it conforms to observed parking usage at actual affordable housing developments in the community. However, the City Council may desire more information on best practices nationwide. If so, the City Council should direct staff as to what additional information is desired prior to proceeding with text amendments. Option 5— Do not proceed with an Amendment to the Zoning Ordinance at this time. Given the uniqueness of the proposed amendment and lack of examples from peer communities of parking demand at previous affordable housing developments at the end of an affordability period when they are converted to market-rate units or another use, the City Council may determine that they do not wish to proceed with public hearings for a zoning text amendment at this time. STAFF COMMENTS: The parking standards currently apply equally to market-rate and affordable housing developments. Based on staff’s observations, the current parking requirements exceed the parking demand generated by income-restricted units. Staff believes the draft 6 regulations will result in a reasonable reduction in parking requirements which may reduce the cost of affordable housing developments and will provide more flexibility in site design and thus meet the City Council’s goal to support the development of more affordable housing. 7 ADDENDUM Rates Typically, the City requires 1.0 parking space per bedroom in an apartment building. Units with one bedroom require 1.5 spaces. This includes affordable housing developments unless otherwise approved for those within a PUD. Within a PUD, the parking rate for affordable housing developments may be reduced to 1.5 spaces per unit. One parking space is required per unit for independent and Senior Living Facilities, including those that are income restricted. Developments in Campustown and Downtown have lower parking requirements. Staff compared Ames’ rates to the general multifamily rates of other cities in Table 1. These cities offer reduced parking rates for affordable housing, which is discussed further under the section Parking Reductions for Affordable Housing Offered by Comparison Cities. Staff would note that Fort Collins, Bloomington, and Iowa City require less parking prior to reductions. Table 1 Comparison City Multifamily Parking Requirements Parking Spaces Required Number of Bedrooms/Unit Ames, IA Fort Collins, CO Iowa City, IA Bloomington, IN One or fewer 1.5 spaces 1.5 spaces 1 space 1 space for 1 bedroom, .5 spaces for efficiency Two 2 spaces 1.75 spaces 2 spaces 1.5 spaces Three 3 spaces 2 spaces 2 spaces 2 spaces Four and above 4 spaces + one additional per bedroom 3 spaces 3 spaces + one additional per bedroom N/A Ames’ rates are influenced by the demand generated by Iowa State University students, who live in the community’s apartment complexes. Figure 1 shows Census data (2021 5- year ACS estimates) that breaks down the percentage of rental units in Ames by the number of bedrooms. Ames has a higher percentage of larger apartments than is observed nationally. This shows the influence of the University on apartment design and construction. However, the breakdown is similar to that of the other comparison cities (Fort Collins, Bloomington, Iowa City), which also have universities. 8 Regarding car ownership of these households, Census data (2021 5-year ACS estimates) shows that 56.9% of renter-occupied housing units in Ames have access to one or no vehicles. This vehicle access level aligns with the majority of apartments in Ames (71%) having two or fewer bedrooms. Only 29% of units in the observed affordable housing developments in Ames are 3-bedroom units. The remainder are 1- and 2-bedroom units. The City’s planned new project “Creekside” in the Baker Subdivision will have 58% of 3- and 4-bedroom units to increase the number of family-sized affordable units. Staff believes the lower bedroom counts are one factor influencing the observed parking utilization of income-restricted units to be less than is typical of other apartments in Ames. Ames Affordable Housing Parking Utilization To determine the appropriateness of the current apartment rates for affordable housing developments in Ames and their utilization of parking, staff performed select counts at peak usage hours (5-6 a.m.). The results of the counts are shown in Table 2. (Note: staff also performed counts at 9 p.m., however, they were less than the morning peak counts and are not presented below). Staff found that a rate closer to 1.0 space per unit would be sufficient to meet the parking demand generated by an affordable housing development. The rates in Table 3 account for current vacancy rates identified by property management or assume a reasonable 8% rate if the vacancy rate is unknown. Staff also added a 10% buffer. Figure 1 Renter Occupied Housing Units in Ames by Number of Bedrooms, US Census American Communities Survey 2021 Five-Year Estimates 9 During the counts, staff observed pedestrian activity (residents walking to work or walking children to school bus stops). Anecdotally, staff observed in two situations that parking lots adjacent to the developments for market-rate housing had much higher utilization rates and appeared full. Table 2 Parking Requirements and Observed Utilization for Affordable Housing Developments in Ames Parking Reductions for Affordable Housing Offered by Comparison Cities Staff researched parking reductions for affordable housing offered by comparison cities, as summarized in Table 3. The rate reductions offered by these other cities align with the utilization rates staff observed at the affordable housing developments in Ames. The maximum rate required by a comparison city for 3-bedroom units is under 1.5 spaces per unit. For 1- and 2-bedroom units, the rates required are closer to 1.0 space per unit after reductions. Development # of Units # of Required Spaces Under Current Code # of Provided Parking Spaces # of Cars Observed (utilization %) Car/Unit Rate* Eastwood (7th Street) 60 total  16 1- bedroom  32 2- bedroom  12 3- bedroom 124 88 42 (47.7%) .84 Windsor Pointe (Tripp Street) 145 total  29 1- bedroom  80 2- bedroom  36 3- bedroom 312-(reduced to 276 under PUD) 276 97 (35.1%) .75 Laverne (S. 16th) 62 total  32 2- bedroom  30 3- bedroom 154 155 58** (37.4%) 1.13 * Rate are increased to account for estimated vacancies and 10% buffer **Eighteen cars observed in surface lot. Manager noted most tenants park in an interior garage, and it is a little over half full at peak. Assumed 60% utilization rate of sixty-seven indoor spaces. 10 Table 3 Comparison of Requirements/Definitions of Affordable Housing City Parking Reduction/Rate Fort Collins, CO One or fewer bedrooms—.75 spaces Two bedrooms—1 space Three bedrooms—1.25 spaces Four or more bedrooms—1.5 spaces Additional 50% reduction in transit-oriented developments Bloomington, IN 35% reduction Iowa City, IA No minimum requirement for affordable housing in Riverfront Crossing, Eastside Mixed Use zones; 30% reduction in Central Business Zones Proposed Rate Based on utilization rates at Ames’ affordable housing developments, the percentage of 1- and 2-bedroom units, vehicle ownership information, and comparison cities’ provisions for reduced parking for affordable housing, Ames’ current multifamily parking rates are too high when applied to income-restricted affordable housing developments. The proposed amendment includes a reduction to 1.0 space per unit for 1- and 2-bedroom units and to 1.5 spaces per unit for 3- and 4-bedroom units that may be approved by staff. The highest parking utilization rate observed was at a development with only two and 3- bedroom units at approximately 1.13 spaces per unit. Otherwise, the observed utilization rates were less than 1.0 space per unit. The proposed reduction most closely aligns with observed utilization rates and peer communities’ rates. Staff alternatively considered a rate of 1.5 spaces per unit regardless of number of bedrooms. This rate matches the recently approved allowance for affordable housing within a PUD. This parking rate also aligns with the most recent minimum standards of the LIHTC program administered by the state. Reducing the current rates by a percentage for each bedroom type did not align with observed utilization rates at affordable housing developments in the community. A 50% reduction yielded too few spaces based on observed parking rates at Ames affordable housing developments. A 25% or 30% reduction would yield a higher parking requirement than the 1.5 per space rate, given the typical number of 3-bedroom units in affordable housing developments. As the proposed rate still exceeds the utilization rates observed at affordable housing developments in the community, staff developed the option for the City Council to approve a lower rate. Staff believes a lower rate is appropriate, especially when there is access to public transit or deeper levels of affordability provided. However, 11 these situations would likely require a case-by-case review due to the greater reductions in parking and a contextual review of the project. Under the proposed amendment, the City Council could approve a 1.0 parking-space- per-unit rate for development with access to public transit (within a quarter mile). The quarter-mile distance would be measured based on a walking route, not a straight-line distance, and would be approximate. All observed affordable housing developments fell within a quarter-mile walking distance of a CyRide stop. Staff prepared a map, Figure 2, showing the areas in the City of Ames within a quarter mile of a CyRide stop. Approximately 42% of the city is within this distance. The Council may also approve further reductions for developments that are permanently committed to serving households with incomes below 30% AMI. Based on the observed parking rates at Eastwood (where a minimum of 75% of households must be at or below 30% AMI) there is lower utilization of parking spaces. No minimum is proposed for this reduction as an appropriate amount of parking will depend on the populations served and staffing presence at the site. Figure 2 Areas in the City of Ames within a Quarter Mile of a CyRide Stop 12 Income Levels Table 4 shows low- to moderate-income levels, as set by the U.S. Department of Housing and Urban Development (HUD) for Ames. Table 4 2023 HUD Income Limits for Ames For the staff-approved parking reduction option, a unit must be restricted to a household with an income equal to or less than 60% AMI. These income-restricted units must make up 40% or more of the total units in a development. In addition to matching the percentage of AMI commonly considered to be low- to moderate-income for renters, most developments that utilize the LIHTC program target income levels averaging less than or equal to 60% AMI and are required to have 40% or more of all units restricted to this income level. The greatest needs for low-income housing are at the 50% AMI and lower income levels. An alternative to the proposed 60% or less of AMI could be to target deeper levels of affordability to benefit from a parking reduction. A threshold utilizing a requirement for 50% AMI or less could be applied. This approach would incent greater affordability levels but does not completely align with the most common affordability assistance program of LIHTC. Affordability Period An agreement that dedicates the property to affordable housing for a minimum of 30 years is proposed to be required. This affordability period guarantees that affordable housing is provided for the long term, in exchange for the parking reduction. The 30-year affordability period is the same period required for the LIHTC program. Other federal programs, such as HOME, have shorter affordability periods required. However, as the City of Ames administers the HOME funds, a longer period may be required. At the end of 30 years, the development may be converted to market-rate units without providing additional parking. For the parking reduction approved by the City Council for 30% AMI or less households, the units must permanently be restricted to these levels. This restriction better fits developments using project-based vouchers or private developments not using LIHTC. Family Size 1 2 3 4 5 6 Pe r c e n t AM I 30% $22,350 $25,550 $28,750 $31,900 $34,500 $37,050 50% $37,250 $42,600 $47,900 $53,200 $57,500 $61,750 60% $44,700 $51,120 $57,480 $63,840 $69,000 $74,100 80% $59,600 $68,100 $76,600 $85,100 $91,950 $98,750 13 While an alternative could be to reduce these affordability periods, staff finds the periods match the program requirements and/or goals of these types of affordable housing developments. 14 ATTACHMENT A Staff proposes the following changes to the Zoning Ordinance. The text to be added is underlined and in red. Sec. 29.406. OFF-STREET PARKING. (19) Reductions of Minimum Off-Street Parking Requirements for Affordable Housing Developments. (a) The minimum off-street parking requirement may be reduced as set forth in this section for a proposed affordable housing development upon approval of Site Development Plan and an agreement by the Planning and Housing Director. (i) The units for which the reduction is approved shall be restricted to households with a median family income less than or equal to 60% of the Area Median Income of Ames, as adjusted for family size and determined annually by HUD. (ii) At a minimum to qualify for the reduction, 40% of the units shall be income- restricted to the 60% AMI level or less. (iii)The Planning and Housing Director may approve the agreement when they find it satisfactory in terms of the number or percentage of affordable units; configuration of units and bedrooms as family housing units; operations plan feasibility for proposed affordability levels, household income verification; and rent restrictions; and period of affordability provided. The Director may forward any proposed agreement to the City Council for approval. (b) If approved, the agreement shall: (i) Be executed by the property owner or owners and the City. (ii) Be recorded and be binding on all successors and assigns of the property or properties involved. (iii)Require that the use of the property be dedicated to the affordable housing use for a period not less than 30 years. (c) Affordable housing developments with an approved agreement may have parking reduced as follows: (i) 1.0 parking space per unit for units with two or fewer bedrooms. (ii) 1.5 parking spaces per unit for units with three to four bedrooms. (iii)If the affordable housing units are located in a development with other units, such as market-rate units, or with other land use components, the reduced parking requirements shall only apply to the affordable housing units. The total required parking shall be determined as the sum of parking requirements of the individual use components. (iv) At the end of the affordability period, the development may be converted to market-rate units without providing additional parking. (d) The City Council may approve additional reductions in parking for affordable housing developments in the following cases. The requirements of Section 29.406(19)(a-b) still apply to Council approvals, except for the parking rate. (i) Additional reductions may be approved by the City Council for developments that are permanently committed to serving households with incomes below 15 30% of AMI. Permanently committed includes projects that require City Council approval for a change of use. (ii) A reduction to 1.0 parking space per unit, regardless of bedroom count, may be approved by the City Council when a development is within approximately a quarter-mile walking distance of a public transit stop. The measurement shall begin at the intersection of the development’s property line with the sidewalk, access, or other public pedestrian path on the property nearest to the transit stop. Item:_30__ Staff Report PLANNING AND HOUSING DEPARTMENT WORK PLAN PRIORITIES October 24, 2023 BACKGROUND: City Council last formerly reviewed the Planning and Housing Department Work Plan in February of 2022 for work through 2023. Projects from the Work Plan and other more recent referrals on which the Planning staff is currently working include:  ADU Municipal Code Amendments  Duplex (Two-family) Zoning Text Amendments  Townhome infill housing type standards  Technical Committee review of Walk and Roll Bicycle Pedestrian Plan (PW Lead Department)  Affordable housing parking rate reduction Zoning Text Amendment  Reinvestment District Application and The Linc Development Review  West Towne Mixed Use residential use amendment  Redirection areas and redevelopment area priorities for Infill  Referral for staff approval and administrative exception processes  Short-Term Housing Task Force referral staff report  Low and Moderate Income Affordable Housing Strategy follow up  Cedar Lane paving waiver request with “pioneer” infrastructure options  Southeast Growth Area outreach and land use review for sanitary sewer extension (new) The majority of the items on above list are projected to have their next step completed within the next four months. Some of the issues, such as the Redirection Areas, Housing Task Force, and Affordable Housing Strategy, could spawn additional long-term planning projects for implementation that would need prioritization. The last bullet is a new item to make Council aware of intended outreach to coincide with the Public Works Department design work for the sanitary sewer extension to the southeast growth area. Additionally, City Council has initiated or received requests for new planning projects that need prioritization by the City Council. Attachment A includes the combination of current projects listed above and all new and non-prioritized requests. The non- prioritized project list is similar to the past with a mix of individual requests for development standard changes and longer term broader planning efforts. There are four referral requests from individual entities pending prioritization by City Council that are listed as New Projects. City Council received staff reports on the Chataqua Park Ridgewood Neighborhood request and the Missing Infrastructure Pullman Street requirements at previous meetings. Additionally, Council received a request from Alliant to consider deferrals on connection fees, sidewalks, and driveway paving in support of a large, planned substation for the Prairie View Industrial area. The newest request is a letter from the City’s Historic Preservation Commission (HPC) request support for changes to the historic review criteria and potentially standards. (Attachment C) Staffs sees a challenge with a few of the New Items and follow up of previously prioritized items without first defining the scope of these projects to understand the staff time commitment. For example, work related to the Redirection Areas can vary greatly based upon the size of the area, potential types of changes, and public outreach efforts. Examples of estimates are included with the Plan 2040 implementation priorities as examples. One option for the Work Plan update at this time is to discuss the intended scope of some of the longer term projects and then return for prioritization with a more defined scope if the scope extent is unclear. At this time staff does not anticipate requesting funding for a consultant for any project, but it could be needed for a more specific plan areas needing a more robust evaluation and recommendations. STAFF COMMENTS: The majority of staff time for the next four months has been allocated to completing the projects that are already prioritized (See Attachment A). Any new initiatives are not planned to begin in earnest until the next calendar year 2024. As stated above, it is difficult to balance immediate requests with needed broader and long range planning interests. Staff believes the immediate text amendment requests of Alliant and Missing Infrastructure for Pullman responses do not require public outreach and, therefore, can be accomplished as time permits in December and January. The Historic District Nomination request requires a small allocation of time for a grant application and then extensive time for consultant administration of the nomination application. Preparing the grant application could be accomplished with current staff time or planned for 2024 as described with the staff report that is also on this agenda. NEW PROJECTS: Many of the New Projects have a potentially significant scope that is yet to be defined, Main Street Downtown Planning, Climate Action Plan Net Zero Standards, Affordable Housing Strategy Follow Up, Short-term Housing Taskforce Recommendations, and Redirection Areas. POSSIBLE WORK PLAN FOR JANUARY 1, 2024 TO JUNE 30, 2025 Typically, Council assigns 3-5 significant projects (approximately 1,200 hours) to staff for an 18-month work plan timeframe. Looking out further the list could be increased with additional projects and hours. One arrangement of the new activities with an hours estimate could be as follows (no particular order): Item #6 - Low Income Affordable Housing Strategy Follow Up: 150-300 hours Item #14 - Infill Redirection Area Priorities: 150-800 hours Item #16 – Short-term Housing Taskforce Recommendations: 100-250 hours Item #25 - Main Street Requested Downtown Plan: 50-100 hours Item #28 - Annexation Net Zero/Passive Home Policy: 60-120 hours Item #30 - Chataqua Park Ridgewood Nomination: 300 hours With this type of list, it would leave a substantial number of projects non- prioritized. It may be possible to add other items as well depending upon the outcome of some of the decisions regarding the scope of issues. REQUESTED ACTION: Staff is requesting City Council’s direction regarding which projects to add, which projects to be deleted, and which projects to remain on the Parking Lot list for future consideration. Since staff will not be addressing any new projects any earlier than January 2024, the City Council does not need to make a final decision tonight regarding the Planning staff’s work plan priorities for the next 18 months. ID#Denotes projected timeframe for current projects Category Status Project Next Steps Work Plan/Parking Lot/ Refer/New Prioritized For Next Step October November December January February March April May June July August September October November December January February March April May June July 1 Reinvestment District and Lincoln Way Mixed Use (The Linc) Council reviewed preliminary development agreement terms in October 2022. Developer redesigning project in response to market conditions, resubmittal date unknown WP p 2 Reinvestment District and Final Application City Council approval of Reinvestment District application February 22, 2022. Final application not approved by IEDA, pending updated information.WP P 3 Walk and Roll bicycle pedestrian plan with PW Draft Plan Review Techinical Committee WP p 4 Update Chapter 23 Subdivision Code for Complete Streets requirements in conjunction with Public Works Not intiated. Awaiting Bike and Ped Master Plan to move forward on text changes. WP x 5 Townhome Infill Housing Building Type Zoning Text Amendment Staff report for townhome building design and parking requirments for small infill projects WP p 6 Low and Moderate Income Housing Strategy Staff Report/Workshop June 2023, tabled.WP x 7 Affordable Housing Parking Rate Reduction Staff Report October 24th, text amendment November WP p 8 Accesory Dwelling Units October 10th, City Council direction to proceed with ADU in low density residential zones WP p 9 Two Family Dwellings FS-RL and Other Zones October 10th, City Council direction to proceed with duplexes in low density residential zones subject to design guidelines.WP p 10 Modify F-VR Zoning for Growth Areas Staff Report not intiated WP x 11 Create Pocket Neighborhood development option Staff report with draft zoning stanards WP x 12 Update FS-RL and FS-RM Zoning for densities and building types Staff Report not intiated.WP x 13 Rezoning process for West Towne mixed use and affordable housing units Agreement within Property Owner accompanying rezoning action WP p 14 Identify priority Infill- Redirection Areas Staff report to review areas and define planning efforts for changes to zoning.WP p 15 Burgason Cedar Lane Paving Waiver Request and Pioneer Infrastructure Definition Sept. 12th City Council tabled the request pending report from staff for a definition of Pioneer Infrastructure REF.p 16 Housing Task Force development review and incentives letter Staff report addressing suggested measures.REF. p 17 Administrative Exceptions to zoning standards with staff approval Staff report comparing other cities and options for Ames REF. p 2023 2024 2025 18 Project Next Steps Work Plan/Parking Lot/ Refer/New Prioritized For Next Step October November December January February March April May June July August September October November December January February March April May June July 19 Downtown subarea planning (parking)Consider remote parking changes for residential parking for projects with more than 18 units. Not scheduled. WP x 20 Downtown Façade Program Grant Approval Review by Staff and Appeals Staff Report options for staff approval rather than City Council WP x 21 Sign Code Updates calculation of signage for retail, temporary signs, and residential signage Not initiated. WP x 22 Demolition Criteria O-UIE-hardship elements Staff report, not intiated P. LOT x 23 Demolition Criteria O-UIE-sustainability evaluation Staff report, not intiated P. LOT x 24 Other Plan 2040 Implementation Measures, such as Commecial Zoning District rewrite, Park Fees, Beutification Plan, other Plan 2040 Implentation Chapter measures P. LOT x 25 Southeast Growth Area Property Owner Outreach for Sanitary Sewer Extension Design serve growth in Southeast. Property owner outreach and refined land use planning needed to coincide with sewer design work NEW p 26 Main Street request for participation in Downtown Area Plan Awaiting proposed scope and budget from Donwtown Ames NEW x 27 Downtown Ames Stakeholder Feedback August 22nd- follow up on AEDC Flexiblity and Support Topics Staff Report for AEDC outlined topics for development and redevelopment interets for building and zoning standards Downtown. NEW x 28 Climate Action Plan Zoning Standards for Net Zero/Passive Homes Create zoning stanards for design features supportive of Net Zero Construction and Passive Home Design NEW x 29 Climate Action Plan Annexation Policy for Net Zero and Passive Homes Create policy for commitment to % of new buildings to be Net Zero ready.NEW x 30 Climate Action Plan Incentive Program of Property Tax Abatement for Net Zero/Passive Homes Assess potential finacial gap for new construction and Net Zero, identify potential funding assistance of property tax abatement. NEW x 31 Chataqua Ridgewood Neighborhood National Register Historic District Application Apply for grant and complete application NEW x 32 Updated of Misssing Infrastructure Ordinance (Pullman Street)Ordinance Amendment to Chapter 22 NEW x 33 Alliant Referral letter for deferral, sidewalks, driveway paving, connection fees Letter attached. Combine with Pullman, if prioritized.NEW x 34 HPC Letter Request Support of Chapter 31 Edits for the Certificate Of Appropriateness and evaluation of changing approval criteria Separate letter is attached. Changes to Chapter 31 related to ADUs are included within the ADU timeline.NEW x Technical Advisory Committee Member for AMPO Long Term Transproation Plan 2050 5-yr transportation plan update will begin in summer 2024 for approval fall 2025. NEW x Attachment B-Plan 2040 Implementation Chapter Excerpts At the time Ames Plan 2040 was approved, the Implementation Chapter included a list of initiatives categorized as Infrastructure, Plans and Sub-Areas, and Zoning Subdivision Standards. This list captured the most significant needs related to implementing concepts of Plan 2040 in the near term, it is not an all-inclusive list of potential actions for implementation of Plan 2040. For the 2022 Work Plan discussion a topical list of implementation measures was provided to City Council. The list below is carryover from the 2022 Work Plan discussion for items that were not prioritized and completed tasks are shown with strikeout. Plan 2040 Housing Related Initiatives i. Citywide assessment of allowing construction of Accessory Dwelling Units with existing homes. Staff believes this is intended to be an extensive effort of evaluating options and doing public outreach (300-800 hours). ii. Allow for two-family homes (duplexes) within FS-RL and potentially other zoning districts (50-200 hours). iii. Update FS-RL and FS-RM zoning to reflect intended densities and building types for Growth Areas (80 hours) iv. Modify F-VR zoning for use in Growth Areas (40-150 hours) v. Low- and Moderate-Income Housing Strategy addressing zoning constraints (if any), financial incentives (e.g. TIF or property tax abatement), site acquisition for new construction, locations for existing house acquisition and rehabilitation projects. (150 hours) (Workshop Held) Plan 2040 Infill Related Initiatives (Council referral to discuss priorities in general winter 2023) i. East and West University Impact Area standards review, including parking and how to implement zoning for the RN-4 land use designation within the West University Impact Overlay. (100-300 hours) ii. Urban Corridor Designation along Lincoln Way (west of Campustown), needs implementation zoning that does not exist. (100 to 180 hours) iii. Create design standards for desired small scale infill projects, applies to multiple issues and zoning districts. (150-300 hours) (Initial Workshop March 2023) iv. University Overlay for Redirection Area Hunt and Sheldon, rezone area for redevelopment (100 to 200 hours) v. South Lincoln Mixed Use Plan from Cherry to Walnut, new Plan and rezoning (300- 500 hours) Plan 2040 Commercial and Other Standards Related Initiatives i. Implement commercial use designation changes, requires new General Commercial zoning district with changes to Highway Oriented Commercial and Planned Regional Commercial zoning district, see also Urban Corridor designation listed under Infill (120-200 hours) ii. Parkland dedication ordinance (75-125 hours) iii. Review commercial zoning district standards for consistency with Growth Area plans. (40 hours) Plan 2040 Transportation Related Initiatives i. Modify Chapter 23 Subdivision Code with terminology and concepts of the Complete Street Plan. Includes changes to ROW widths, street types, pedestrian and bicycle improvement specifications. (100 – 200 hours) ii. Update Zoning Ordinance standards to reflect Complete Street concepts, includes design requirements to match street types aimed at walkability (60 hours, in tandem with Chapter 23) iii. Bicycle and Pedestrian Master Plan (Public Works lead department) related updates to planning concepts within Ames Plan 2040 and development standards of zoning (40 hours) Plan 2040 Plans and Sub-areas Related Initiatives i. Ames Urban Fringe Plan Update (Already committed-250 hours Story County, additional time for final plans with Boone County) ii. Gateway and beautification plan for rights of way.(Initial report 100 hours) iii. Parks Master Plan Update (P&R lead department) as it relates to land use plans and parkland standards (Not budgeted for 2023/24) iv. Redirection Areas, select specific areas like Grove Avenue for individual consideration. (50-500 hours) v. Infrastructure Project Planning guide for short (1-5 year) and mid-term (5-10 year) priorities in the CIP. (60 hours) (Priority water and sewer projects in current CIP with ARPA funding) COUNCIL ACTION FORM SUBJECT: PUBLIC HEARING ON ACCEPTANCE & SUBMITTAL OF THE CITY’S 2022-23 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) IN CONNECTION WITH THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) BACKGROUND: The Community Development Block Grant (CDBG) regulations require that, within 90 days from the end of its fiscal year, the City must prepare a Consolidated Annual Performance and Evaluation Report (CAPER), which is required to be submitted to the Departmen t of Housing and Urban Development (HUD) on or before September 29 each year. However, staff requested and received an extension to submit the report on or by October 31, 2023. The 2022-23 CAPER describes accomplishments in relation to goals and objectives identified in the City’s 2019-2023 Consolidated Plan requirements for the use of Community Development Block Grant (CDBG) and HOME Program in the Annual Action Plan for fiscal year July 1, 2022, through June 30, 2023. The regulations require that the CAPER be available for a 15-day public review and comment period, which occurred October 5, 2023, through October 19, 2023. Attached for Council review and approval is a copy of the summary (Goals and Outcomes) of the 2022-23 CAPER report. For the 2022-23 program year, approximately $248,941.67 (including administration and program income) of CDBG funds was expensed. Of the $248,941.67, $51,001.04 was generated program income. Approximately $117,166.80 was administrative expenses and $131,774.87 (including program income) was expensed on the 2022-23 program activities, of which $128,547.65 was acquisition/demolition of slum and blighted properties and $3,227.22 was expensed on Rehabilitation/Disposition for ReUse and disposition of lots in the Baker Subdivision. Under the HOME Program, approximately $22,360.02 was spent only on program administration. For the CDBG CARES (COVID-19) funds, approximately $9,622.09 was expensed for program administration, and no funds were expensed on programming. In addition to the CDBG, HOME, and CARES expenditures, the City of Ames's share expensed through the ASSET collaboration was approximately $1,717,528. Of the $1,717,528, approximately $358,846 was expended specifically to support local human ITEM #: 31 DATE: 10-24-23 DEPT: P&H services agencies in providing basic needs and preventive services (food, counseling, shelter, childcare, meals, etc.) to homeless and low-income households in the community. A full copy of the CAPER and attachments are available for review on the City’s website at www.cityofames.org/housing. ALTERNATIVES: 1. The City Council can adopt a resolution approving the submittal of the City’s 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER). This action will adopt a resolution approving the submittal of the City’s 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER), which is to be submitted to HUD on or by October 31, 2023. 2. The City Council can direct staff to modify the report prior to adoption of a resolution approving the submittal of the City’s 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER). CITY MANAGER’S RECOMMENDED ACTION: The 2022-23 CAPER describes accomplishments in relation to goals and objectives identified in the City’s 2019-2023 Consolidated Plan requirements for the use of Community Development Block Grant (CDBG) and HOME Program in the Annual Action Plan for fiscal year July 1, 2022, through June 30, 2023. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 thereby approving the submittal of the City’s 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER) which is required to be submitted to HUD on or by October 31, 2023. PROPOSED DRAFT CITY OF AMES CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORTS (CAPER) CITY OF AMES FISCAL YEAR JULY 1, 2022 THROUGH JUNE 30, 2023 Public Comment Period: October 5, 2023 thru October 19, 2023 Table of Contents CR-05 - Goals and Outcomes .............................................................................. 2 CR-10 - Racial and Ethnic composition of families assisted. ................................ 9 CR-15 - Resources and Investments 91.520(a) ...................................................10 CR-20 - Affordable Housing 91.520(b) ................................................................16 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ..........................................................................................................................19 CR-30 - Public Housing 91.220(h); 91.320(j) .......................................................21 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ................................................22 CR-40 - Monitoring 91.220 and 91.230 ..............................................................27 CR-45 - CDBG 91.520(c) .....................................................................................29 CR-50 - HOME 24 CFR 91.520(d) ........................................................................30 CR-58 – Section 3 ...............................................................................................31 Appendix 1- Integrated Disbursement and Information Systems Reports (IDIS) 35 CDBG, HOME AND CARES-CV Appendix II-Program Maps and Budgets ...........................................................36 Appendix III- Point In Time Count ......................................................................37 Appendix IV-ASSET Funder Priorities for FY 2022-23; and Final Funding Recommendations ................................................................38 Appendix V- City Council Resolution, Minutes, Proof of Publication, and Media Announcements ..............................................................................39 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. See attached CAPER for the remainder of the narrative! With community input, the overall goals and outcomes of the City's 2019-23 Strategic Plan continue to be to increase the supply of affordable housing for low- and moderate-income persons and to continue to support and maintain the public service needs for special populations, homeless, and low-income households. The major progress that the City made in carrying out these two overall strategies was through the 2022-23 implementation of the following CDBG project activities for 2022-23: a) Acquisition/Reuse for Affordable Housing, b) Disposition of Properties Program, c) Acquisition/ReUse of Slum and Blighted Properties, d) continuation of the Installation of Public Infrastructure Improvements Program for Baker Subdivision (321 State Avenue), including the installation of a Pocket Park in the Baker Subdivision, e) the implementation of the CDBG-CARES funding to implement the following three programs due a worldwide Coronavirus Pandemic: 1) Rent Relief Assistance; 2) Mortgage Relief and 3) Utility Relief Assistance for both Renters and Homeowners. Lastly, f) Single-Family Housing Rehabilitation Program, to provide home repair assistance to low-income existing homeowners throughout the City limits of Ames. For the HOME Programs: a)Homeownership Construction Program, b) Homebuyer Assistance Program, and c) future funding for Low-Income Housing Tax Credits (LIHTC) units in the Baker Subdivision. 2022-23 CDBG Program Activities: a) The Acquisition/Reuse Program. This activity was designed to create, expand, and maintain affordable housing for homeless and low-income persons (80% or less of AMI) by a. increasing the supply of affordable rental housing for low-income families, b. increasing the availability of affordable owner-occupied housing and, c. maintaining the supply of affordable owner-occupied housing. For the 2022-23 program year, the City did not acquire any properties under the 2022-23 program year. However, one property at 241 Village Drive acquired under this program was sold to Habitat for Humanity of Central Iowa for rehabilitation. During this program year, Habitat sold the property to a low-income first-time homebuyer household. b) The Disposition of Properties. This activity was designed to provide maintenance and costs for properties purchased in previous program years. For the 2022-23 program year, the activity included the ongoing maintenance of one vacant parcel at 1107 Grand Avenue purchased in 2021-2022. The final disposition of this parcel will be determined in program year 2023-24. Additionally, funds were spent to maintain the single- family and multi-family lots created in the subdivision. c) The Acquisition/Reuse for Slum and Blighted Properties. Under this activity, the following activities may occur: acquisition of slum and blighted properties; acquisition of properties for public facilities use (shelters, recreational use, etc., or infrastructure improvements such as sidewalks, street improvements, shared use bike paths, etc.) Also, funds may be used to: purchase vacant in-fill lots for redevelopment into non-affordable housing, for public facilities use, or public infrastructure. This activity may include demolition and clearance. The goal is to address the needs of non-LMI populations or other community needs, which may include addressing the needs of LMI Persons. For the 2022-23 Program year, the property purchased in 2021-22 at 1107 Grand Avenue was demolished, and one (1) property at 621 Grand Avenue was purchased that had been tagged as a dangerous, abandoned, and unsafe property. The property is anticipated to be demolished in the program year 2023-24. d) The continuation of the Installation of Public Infrastructure Improvements Program for Baker Subdivision (321 State Avenue). This activity was designed to cover the cost of infrastructure improvements, such as streets, water, sewer, electrical, sanitary, sidewalks, etc., in order to create a mixed-income affordable housing subdivision for the construction of 26 single-family housing lots and one multi-family housing lot in the City’s Neighborhood Revitalization Strategy Area (NRSA). This activity will also include the installation of a pocket park for the subdivision. For the 2022-23 program year, seven (7) lots located along the south end of South Wilmoth were sold to Habitat for Humanity of Central Iowa to construct single-family homes to sell to low-income first-time homebuyers. However, the Installation of the Pocket Park in the Baker Subdivision was delayed due to other Pandemic Grant Programming (HOME-ARP) deadlines and priorities. In the program year 2022-23, the City of Ames was preparing to submit a Substantial Amendment to its 2022- 23 Annual Action Plan to add a Neighborhood Public Infrastructure Improvements Project to upgrade lead water mains in HUD designation Low-Income Census Tract 10 along N Russell Avenue. The amendment is anticipated to be approved starting for program year 2023-24. e) The implementation of the CDBG-CV-CARES funding to implement the following three programs due to a worldwide Coronavirus Pandemic. Under this activity, three COVID-19 relief programs, 1) Rent Relief Assistance, 2) Mortgage Relief, and 3) Utility Relief Assistance for both Renters and Homeowners, were implemented to provide assistance to households affected by the pandemic who were at risk of losing their housing and subject to utility disconnections due to the shutdown of the economy and/or who were physically affected by the virus. For the 2022-23 program year, none of the above-named assistance was provided to households due to the reopening of the economy, the vaccine, and other measures that flatten the spread of the virus. Over the three-year period, approximately 164 persons were assisted, 156 for Rent and Utilities and 8 for Mortgage and Utilities. Only program administration expenses were incurred during the period. f) The implementation of the Single-family Housing Rehabilitation Program. The implementation of this program was delayed due to other Pandemic Grant Programming (HOME-ARP) deadlines and priorities. 2022-23 HOME Program Activities: a) Homeownership Construction Program. Under this activity, funds have been set aside to construct one single-family home on a lot in the Baker Subdivision. The home, after construction, would be sold to an eligible household with an income at 80% or less of the Ames Median Income Limit. For the 2022 -23 program year, no was constructed. A home is anticipated to be constructed in the 2023-24 program year. b) Homebuyer Assistance Program. Under this activity, funds have been set aside to provide downpayment and closing cost assistance to eligible first-time homebuyers with incomes at 80% or less of the Ames Median Income Limits for single-family homes constructed in the Baker Subdivision. Currently, three (3) homes are under construction, and it is anticipated that homes will be completed and sold late in the 2023-2024 program year. c) Future funding for Low-Income Housing Tax Credits (LIHTC) units in the Baker Subdivision. Under this activity, funds were set aside to seek a partnership Developer to apply for LIHTC to the Iowa Finance Authority (IFA) to pursue low-income family rental housing units. In 2022-23, the City partnered with HATCH Development and submitted an application to IFA for LIHTC funding to construct 38 multi-family, 2, 3, and 4-bedroom units in the Baker Subdivision. It is anticipated that awards will be announced in the program year beginning 2023-24. 2022-23 HOME-ARP Program: In fiscal year 2021-22, the City of Ames was notified that it would receive a one-time special allocation of $1.269,248 of HOME-ARP funding. HOME-ARP funding gives jurisdictions significant new resources to address their homeless assistance needs by creating affordable housing or non- congregate shelter units and providing tenant-based rental assistance or supportive services. HOME-ARP funds must be used for individuals or families from the following qualifying populations: homeless; at-risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; other populations where providing assistance would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; and veterans and families that include veteran family members that meet one of the preceding criteria. HOME-ARP funds can be used for four eligible activities: the production or preservation of affordable housing; tenant-based rental assistance; supportive services, including homeless prevention services and housing counseling services; and the purchase or development of non-congregate shelters for individuals and families experiencing homelessness. Additionally, HOME-ARP provides up to 15 percent of the allocation for administrative and planning costs of the participating jurisdiction (PJ) and for subrecipients administering all or a portion of the grant. ARP can provide up to 5 percent of the grant for operating costs of Community Housing Development Organizations (CHDOs) and other non-profit organizations, including homeless providers. Funds are also available to these organizations for capacity building. In order to receive these funds, the City would need to prepare and submit an Allocation Plan that would describe how the funds would be utilized in the City based on the above criteria. In program year 2022- 23, the City prepared and submitted its Allocation Plan to implement a program to acquire, construct, and/or rehabilitate Non-Congregate Shelters for the following Qualifying Populations: 1) Homeless individuals and families and individuals; 2) individuals and families at risk of homelessness, and 3) individuals and Persons fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by HUD, has the preference. In June 2023, the City was notified that its Allocation Plan was approved. This program is anticipated to begin in program year 2023-24. In addition to the outcomes listed below, a summary of accomplishments in attaining the goals and objectives for the reporting period can be found in Appendix I, along with a project map and budget in Appendix II. ITEM #: 32a & 32b DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 TRAFFIC SIGNAL PROGRAM (STATE AVE & MORTENSEN ROAD PERMANENT SIGNAL) - SIGNAL BACKGROUND: The annual Traffic Signal Program provides for replacing older traffic signals and for constructing new traffic signals. This will result in improved visibility, reliability, and appearance of signals. This program also provides for maintenance needs as we ll as traffic signal system upgrades as technology advances. This project includes converting the existing temporary traffic signal at State Ave & Mortensen Road to a permanent traffic signal. Project costs are to be split equally with Iowa State University. On October 18, 2023, bids were received for this project as follows: Bidder Total Bid Engineer’s Estimate $223,656.25 Kline Electric DBA Heartland Underground Solutions $140,755.00 Van Maanen Electric $170,069.00 Iowa Signal, Inc. $179,909.55 Revenues and expenses for this project are as follows: Revenues Expenses CIP Road Use Tax $ 180,000 Construction Admin. $ 20,000.00 Iowa State Funding $180,000 Design $ 23,400.00 Construction $ 140,755.00 Signal Poles $ 64,676.00* Pedestrian Pole $ 2,757.30 Total $ 360,000 Total $ 251,588.30 *Please note that quotes for the signal poles were solicited separately and approval to purchase them is under separate agenda item. ALTERNATIVES: 1. a. Accept the report of bids for the 2022/23 Traffic Signal Program (State & Mortensen) b. Approve the final plans and specifications for this project. c. Award the 2023/24 Traffic Signal Program (State & Mortensen) to Kline Electric DBA Heartland Underground Solutions of Des Moines, Iowa in the amount of $140,755. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER’S RECOMMENDED ACTION: By awarding this project, it will be possible to construct the permanent signal in 2024 and eliminate the high maintenance requirements of the existing temporary signal. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: 32c DATE: 10-24-23 DEPT: PW COUNCIL ACTION FORM SUBJECT: 2022/23 TRAFFIC SIGNAL PROGRAM (STATE AVE & MORTENSEN ROAD PERMANENT SIGNAL) - POLES BACKGROUND: The annual Traffic Signal Program provides for replacing older traffic signals and for constructing new traffic signals. This will result in improved visibility, reliability, and appearance of signals. This program also provides for maintenance needs as we ll as traffic signal system upgrades as technology advances. This project includes converting the existing temporary traffic signal at State Ave & Mortensen Road to a permanent traffic signal. To reduce the impact of long lead times for traffic signal poles, staff solicited bids for the poles separately from the rest of the replacement work for this project. On October 18, 2023, bids were received for this project as follows: SIGNAL POLES ONLY Bidder Total Bid Engineer’s estimate $55,000 Valmont Industries $64,676 CSLA Iowa (Millerbernd) $65,625 Belfort Capital LLC $127,500 Revenues and expenses for this project are as follows: Revenues Expenses CIP Road Use Tax $ 180,000 Administration $ 20,000.00 Iowa State Funding $180,000 Design $ 23,400.00 Construction $ 140,755.00 Signal Poles $ 64,676.00 Pedestrian Pole $ 2,757.30 Total $ 360,000 Total $ 251,588.30 2 ALTERNATIVES: 1. Award the 2023/24 Traffic Signal Poles purchase (State & Mortensen) to Valmont Industries of Omaha, Nebraska in the amount of $64,676. 2. Reject bids and solicit new bids. CITY MANAGER’S RECOMMENDED ACTION: By awarding this project, it will be possible to construct the permanent signal in 2024 and eliminate the high maintenance requirements of the existing temporary signal . Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM #: 33 DATE: 10-24-23 DEPT: P&H COUNCIL ACTION FORM SUBJECT: ORDINANCE REVISING DOWNTOWN URBAN REVITALIZATION AREA (URA) BOUNDARY AND RESOLUTION AMENDING CRITERIA FOR DOWNTOWN URBAN REVITALIZATION AREA BACKGROUND: At the meeting on August 22, 2023, the City Council reviewed stakeholder and public input regarding a wide range of issues related to Downtown investment and redevelopment. In response to this input, the City Council directed staff to draft amendments to the Downtown Urban Revitalization Area eligibility criteria (see Current Criteria in Attachment A) to expand opportunities for property tax abatement related to new improvements. City Council made the following motions pertaining to the Downtown URA: 1. Allow for 3-, 5-, and 10-year tax abatement schedule options, 2. Limit any property that has been identified as a contributing resource within a Local or National Historic District as ineligible for tax abatement if demolished, 3. Request that staff report back with language that expands the opportunity for tax abatement to interior and/or exterior projects with limiting princip les as recommended by staff, 4. Request that staff craft a proposal regarding how to integrate energy efficiency as an additional component to the tax abatement eligibility requirement, and 5. Add “Residential” to the list of eligible uses. At the meeting on September 26, 2023, the City Council reviewed the proposed criteria and amended map and made the follow motions: 1. To add an additional URA criteria for existing buildings requiring that they undergo an energy audit, complete with assessment and recommendations, and supply the audit to the City for information purposes only. 2. To direct staff to investigate and report on information regarding energy code compliance reports for new construction. 3. Set October 10, 2023, as the date for the public hearing to amend the URA map. 2 Staff discussed the energy audit criteria with Electric Services staff and reviewed recent examples of audits. Electric Services offers energy audits for businesses in its service territory and contracts with a third party for the audits. Electric staff reinforced that the audit only has value before a project is initiated. While the business requesting the audit is not charged for the service, the audit with the report costs between $500 and $2,000 depending on the facility. The process takes 3-4 weeks in total to schedule and complete. Electric Services budgets funds for 5-10 commercial audits across the entire city in a year. The proposed URA criteria require completion of an energy audit prior to making improvements. This requirement will only apply to projects that are undertaken starting after July 1, 2024. This allows projects that were completed recently to still be eligible for abatement even without the energy audit. Staff has some concern that applicants may not be aware of the requirement before starting the project since typically no Planning and Zoning permits apply to these projects (now that a façade grant is no longer required). Staff will implement a courtesy notice for Downtown Business permits in an effort to try to educate property owners interested in the abatement program. (Attachment B, new Section #9). The energy code compliance investigation and report will be forthcoming from the Inspections Division of the Fire Department and is not included with the URA criteria. SUMMARY OF PROPOSED CHANGES: The major changes prepared by staff in response to the Council direction are highlighted below: 1. Adding 5- and 10-year sliding scale schedule as an option for applicants (see Attachment C for breakdown schedules), 2. Clarifying that only building improvements are eligible, not site improvements, such as parking lots, 3. Clarifying that all allowable uses in the Downtown Service Center Zoning District (DSC) are eligible, but nonconforming uses are ineligible, 4. Prohibiting properties with recently demolished or altered historic buildings (See Attachment D) from being eligible for 10 years, 5. Design requirements will apply the current Downtown Design Guidelines to construction of a new building. For existing buildings, the front façade can either be compliant with Downtown Design Guidelines or the new improvements do not negatively impact the front façade window and door openings and transparency, i.e., block or fill in openings. 6. No façade work is required to be eligible for abatement. 3 7. Adding Residential as an eligible use. 8. Requiring a commercial energy audit from Ames Electric. AMENDMENT TO BOUNDARIES: While not a URA criteria amendment, the proposed changes also include removing the properties on both sides of Kellogg Avenue south of the Union Pacific Railroad tracks from the eligible URA area map. This area is now zoned Downtown Gateway Commercial and goal for redevelopment in this area do not align with the goals of the Downtown URA. ALTERNATIVES: 1. Approve the amended Downtown Urban Revitalization Area boundary map as shown in Attachment E and described in Attachment F, and approve the amended URA criteria as written in Attachment B. 2. Approve an alternate amended Downtown Urban Revitalization Area boundary map as shown in Attachment E and described in Attachment F, and approve the amended URA criteria as written in Attachment B with additional revisions. 3. Deny the amended Downtown Urban Revitalization Area boundary map and deny the amended URA criteria. 4. Refer the item back to City staff for additional information. CITY MANAGER’S RECOMMENDED ACTION: The Downtown URA was adopted over 20 years ago to support reinvestment Downtown and was amended in 2008 and 2011. The City Council provided specific directives to staff on August 22 to amend the tax abatement program to expand eligibility. In response, staff has proposed changes to the eligibility criteria that attempt to balance redevelopment with the maintenance or improvement of Downtown’s character. The proposed changes included some safeguards to ensure the broadened eligibility criteria still support the City’s primary goals for maintaining Downtown character and do not inadvertently incent improvements that are counter to this goal. Therefore, the City Manager recommended the City Council adopt Alternative #1, as described above. 4 Attachment A Current Downtown Urban Revitalization Area Eligibility Criteria 1. Properties must be located within the designated Downtown Urban Revitalization Area. AND 2. Improvements must be made to one or more of the facades of a building on the property that follow the current Downtown Design Guidelines for façade improvements as approved by City Council. AND 3. The scope of the work must follow the current Downtown Design Guidelines for façade improvements as approved by City Council. AND 4. If first floor is vacant before the façade improvements are made, then the front half of the first floor is required to have a retail use after the improvements are completed. If the first floor is not vacant before the façade improvements are made, and has a permitted use, then it is eligible. No residential structures are eligible. AND 5. The improvements must be maintained for the three years. 5 Attachment B Proposed Downtown Urban Revitalization Area Tax Exemption Criteria with Modifications as Directed by Council on September 26, 2023 Established under Urban Revitalization Tax Exemption standards of Iowa Code 404. 1. The property must be located within the Downtown URA boundary. 2. Building improvements must be completed, and the building must have a certificate of occupancy from Ames Inspections Division. 3. The minimum value of a building improvement must increase the actual value by 5% or more. Site improvements, e.g. parking lots, landscaping, etc. are not eligible for tax abatement as a building improvement is required. Note – A commercial use is required to have a minimum assessment agreement approved by the City Assessor and the City prior to receiving tax abatement per state law. 4. A property owner may choose either a 3-, 5-, or 10-year sliding schedule of tax abatement. (See Attachment C) Note – Residential properties may have partial tax abatement rates different from commercial uses per requirements of state law. 5. The improvement must be maintained for the life of the tax abatement. 6. Use Eligibility a. Existing Occupied Building – All permitted uses within the DSC zoning district are eligible, including residential. All buildings that include nonconforming uses are ineligible. b. Existing Vacant Building – The ground floor must have a Retail Trade, Restaurant/Entertainment use, or small production facility (e.g. taproom, brewery, distillery, etc.) for the front half of the building. The remaining ground floor area and upper floors may have any of the following uses: retail trade, restaurant, entertainment, household living, or office . c. Building New Construction or Addition (with or without a Parking Structure) – Structure Parking improvements are eligible as an accessory use of a site when the primary building also includes commercial uses on the ground floor as defined for Existing Vacant Building or with City Council preapproval of layout plan for the location and size of commercial space at the ground floor. 6 d. Ineligible uses include nonconforming uses to DSC zoning, institutional, group living, transportation, communication, utility, and miscellaneous uses defined within DSC zoning. 7. Ineligible Properties a. Government-owned properties. b. Properties identified as 1) a local or national historic resource/landmark or 2) properties having a contributing historic resource to a local or national district, where the building (or buildings) has been demolished within the past 10 years or otherwise modified* so that the building(s) are no longer eligible for listing as a historic resource. (Attachment D) * “Otherwise modified” includes alterations to character-defining features that negatively impact the historic integrity of the resource as identified at the time of the approval (either local or the National Register of Historic Places). A building damaged or destroyed by an accidental fire or weather may be pre-approved by City Council as eligible for tax abatement prior to making improvements to a site. 8. Design Requirements At the time of filing of a complete tax abatement application for City approval, the new improvements must be in compliance with the following design requirements as determined by the City: a. Existing Buildings: i. All front façades of an existing building are consistent with the Downtown Façade Design Guidelines. -OR- ii. If there are no façade improvements: 1. No changes are required to the front façade for the improvements, 2. The building must have a front customer entry from the street at ground level, and 3. The improvements to the building have not substantially reduced along the street(s) the ground floor transparency of windows and doors by reducing openings, obscuring the windows or doors with other materials, or replacing the glass 7 with reflective, opaque, translucent, spandrel or other types of glass, tinting or films that reduce transparency. b. New construction, including additions, shall conform to the Downtown Design Guidelines for facades. 9. Energy Audit Prior to Commencing Project If an existing building is proposed to undergo improvements to qualify for tax abatement, the applicant must complete a building energy audit prior to commencing the project. The energy audit reviews current energy use and makes recommendations for energy efficiency improvements. An audit conducted by Ames Electric complies with this requirement, as does an independent audit completed to the ASHRAE Level 1 standard with recommendations on energy efficiency improvements. The energy audit requirement applies for any project improvements that re quire a building, fire, or trade permit issued after July 1, 2024. The audit must be completed within the two years preceding the initiating the project improvements qualifying for property tax abatement. The applicant and building are not required to apply any of the suggestions in the audit, but the audit must be submitted to the City as a part of the URA application for final approval. 8 Attachment C URA Tax Exemption Schedule for 3, 5, and 10 Years All qualified real estate located in the designated Urban Revitalization Area is eligible to receive a partial exemption from taxation on the Actual Value added by the improvements as specified by the schedules below. Any qualified real estate may elect one of the three schedules. The exemption period for ten (10) years. The amount of the partial exemption is equal to a percent of the Actual Value added by the improvements, determined as follows: For the first year 80% Second 70% Third 60% Fourth 50% Fifth 40% Sixth 40% Seventh 30% Eighth 30% Ninth 20% Tenth 20% The exemption period for five (5) years. For the first year 100% Second 80% Third 60% Fourth 40% Fifth 20% The exemption period for three (3) years. All qualified real estate is eligible to receive a 100% exemption on the Actual Value added by the improvements for each of the three years. 9 Attachment D National Register Historic District 10 Attachment E Downtown Urban Revitalization Area Eligibility Map Area of Kellogg Avenue Proposed to Be Removed 11 Properties to Be Removed from Downtown URA Property Address Property Owner Owner Address Parcel ID Legal Description Full Land Value Full Building Value Full Total Value Assessed Land Value Assessed Building Value Assessed Total Value 119 KELLOGG AVE AMES, CITY OF PO BOX 811 AMES IA 50010- 0811 0902358020 LEE & MUNN'S SD LOT:11 $0 $0 $0 $0 $0 $0 105 KELLOGG AVE AWAY TEAM LLC 105 S 16TH ST AMES IA 50010 0902358070 LEE & MUNN'S SD LOTS 3 & 4 $105,800 $122,600 $228,400 $105,800 $122,600 $228,400 113 KELLOGG AVE AWAY TEAM LLC 105 S 16TH ST AMES IA 50010 0902358040 LEE & MUNN'S SD LOTS 7 8 & 9 $158,400 $0 $158,400 $158,400 $0 $158,400 303 LINCOLN WAY AWAY TEAM LLC 105 S 16TH ST AMES IA 50010 0902358080 LEE & MUNN'S SD LOTS 1 & 2 $162,000 $108,100 $270,100 $162,000 $108,100 $270,100 109 KELLOGG AVE AWAY TEAM LLC 105 S 16TH ST AMES IA 50010 0902358060 LEE & MUNN'S SD LOT:5 $52,900 $0 $52,900 $52,900 $0 $52,900 111 KELLOGG AVE AWAY TEAM LLC 105 S 16TH ST AMES IA 50010 0902358050 LEE & MUNN'S SD LOT:6 $48,000 $0 $48,000 $48,000 $0 $48,000 213 LINCOLN WAY SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382165 SECTION:02 TOWNSHIP:83 RANGE:24 SE SW BEG SW COR LOCKWOOD ADD W120 N60 E120 S60 EX TRI SW CR & W35.5 L13 LOCKWOODS ADD AMES $314,400 $224,000 $538,400 $314,400 $224,000 $538,400 110 KELLOGG AVE SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382190 SECTION:02 TOWNSHIP:83 RANGE:24 BEG NW COR LOCKWOODS ADD S35' W120' N35' E120' TO BEG SE SW $92,400 $76,800 $169,200 $92,400 $76,800 $169,200 120 KELLOGG AVE SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382220 AMES GRAIN & COAL CO 1ST ADD LOTS 13-15 BLK 2 $267,400 $384,900 $652,300 $267,400 $384,900 $652,300 124 KELLOGG AVE SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382235 AMES GRAIN & COAL CO 1ST ADD PARCEL "A" LOT 16 BLK 2 & AMES GRAIN & COAL CO 2ND ADD LOT 11 & RR CFN 13-84 $101,900 $25,700 $127,600 $101,900 $25,700 $127,600 104 KELLOGG AVE SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382180 SECTION:02 TOWNSHIP:83 RANGE:24 BEG 35'S NW COR LOCKWODD ADD S40' W120' N40' E120' TO BEG SE SW SEC 2 AMES $91,500 $126,700 $218,200 $91,500 $126,700 $218,200 114 KELLOGG AVE SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035- 1157 0902382200 AMES GRAIN & COAL CO 1ST ADD LOTS 9 & 10 BLK 2 $187,200 $202,400 $389,600 $187,200 $202,400 $389,600 118 KELLOGG AVE STE 101 SALACL LLC 7575 NE 56TH ST BONDURANT IA 50035 0902382210 AMES GRAIN & COAL CO 1ST ADD LOTS 11 & 12 BLK 2 $170,100 $277,200 $447,300 $170,100 $277,200 $447,300 121 KELLOGG AVE WEDELSTEDT, EDWARD J 4655 COLORADO BLVD DENVER CO 80216- 3217 0902358010 LEE & MUNN'S SD LOTS 12 & 13 $86,300 $4,900 $91,200 $86,300 $4,900 $91,200 117 KELLOGG AVE WEDELSTEDT, EDWARD J 8547 E ARAPAHOE RD STE J-338 GREENWOOD VILLAGE CO 80112 0902358030 LEE & MUNN'S SD LOT:10 $52,900 $146,100 $199,000 $52,900 $146,100 $199,000 12 Attachment F Legal Description for New Boundary (Removing Kellogg Avenue South of the Union Pacific Railroad Tracks) Beginning at the northeast corner of Lot 5, Block 7, Original Town of Ames, Story County, Iowa; thence south a distance of 508.15 feet along the west ROW of Duff Avenue to the north ROW line of the Union Pacific Railroad; thence westerly along said ROW to the southwest corner of Lot 4, College Park Second Addition; thence northwesterly along the west line of said Lot 4 to the southeast corner of Lot 5, College Park Second Addition; thence north along the east line of said Lot 5 a distance of 158.1 feet to the south ROW line of Fifth Street; thence east along said ROW line to the northwest corner of Lot 1, Triangle Addition, which is also a point on the south ROW line of Fifth Street: thence north across said ROW to the southwest corner of Lot 5, College Park First Addition; thence north along the west line of said Lot 5 a distance of 203 feet more or less to the southwest corner of Lot 4, College Park First Addition; thence north along the west line of said Lot 4 a distance of 100.4 feet to the south ROW line of Sixth Street; thence east along said ROW a distance of 2489 feet, more or less, to the northwest corner of Lot 1, Block 7, Original Town of Ames; thence north across said ROW to the east line of the alley of Block 6, Original Town of Ames; thence north along the east line of said alley a distance of 120 feet more or less to the northwest corner of Lot 4, Block 6, Original Town of Ames; thence east along the north line of said Lot 4 a distance of 180 feet to the west ROW of Duff Avenue; thence east a distance of 80 feet more or less across said ROW to the northwest corner of Lot 7 of Blair's 2nd Addition: thence east along the north line of said Lot 7 a distance of 180 feet to the northeast corner of said Lot 7; then south along the east line of said Lot 7 a distance of 60 feet to the southeast corner of said Lot 7; thence west along the south line of said Lot 7 a distance of 60 feet; thence south a distance of 60 feet to the north ROW of East Sixth Street; thence west along said north ROW a distance of 120 feet more or less to the east ROW of Duff Avenue; thence west across said ROW a distance of 80 feet more or less to the west ROW of Duff Avenue; thence south along said ROW a distance of 306 feet more or less to the Point of Beginning. ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE LEGAL DESCRIPTION OF THE AMES DOWNTON URBAN REVITALIZATION AREA BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. Amend the legal description of the Ames Downtown Urban Revitalization Area as follows: “Legal Description of Proposed Ames Downtown Urban Revitalization Area: Beginning at the northeast corner of Lot 5, Block 7, Original Town of Ames, Story County, Iowa; thence south a distance of 508.15 feet along the west ROW of Duff Avenue to the north ROW line of the Union Pacific Railroad; thence westerly along said ROW to the southwest corner of Lot 4, College Park Second Addition; thence northwesterly along the west line of said Lot 4 to the southeast corner of Lot 5, College Park Second Addition; thence north along the east line of said Lot 5 a distance of 158.1 feet to the south ROW line of Fifth Street; thence east along said ROW line to the northwest corner of Lot 1, Triangle Addition, which is also a point on the south ROW line of Fifth Street: thence north across said ROW to the southwest corner of Lot 5, College Park First Addition; thence north along the west line of said Lot 5 a distance of 203 feet more or less to the southwest corner of Lot 4, College Park First Addition; thence north along the west line of said Lot 4 a distance of 100.4 feet to the south ROW line of Sixth Street; thence east along said ROW a distance of 2761 feet, more or less, to the northwest corner of Lot 1, Block 7, Original Town of Ames; thence north across said ROW to the east line of the alley of Block 6, Original Town of Ames; thence north along the east line of said alley a distance of 120 feet more or less to the northwest corner of Lot 4, Block 6, Original Town of Ames; thence east along the north line of said Lot 4 a distance of 180 feet to the west ROW of Duff Avenue; thence east a distance of 80 feet more or less across said ROW to the northwest corner of Lot 7 of Blair's 2nd Addition: thence east along the north line of said Lot 7 a distance of 180 feet to the northeast corner of said Lot 7; then south along the east line of said Lot 7 a distance of 60 feet to the southeast corner of said Lot 7; thence west along the south line of said Lot 7 a distance of 60 feet; thence south a distance of 60 feet to the north ROW of East Sixth Street; thence west along said north ROW a distance of 120 feet more or less to the east ROW of Duff Avenue; thence west across said ROW a distance of 80 feet more or less to the west ROW of Duff Avenue; thence south along said ROW a distance of 306 feet more or less to the Point of Beginning.” Is hereby desginated, pursuant to Chapter 404,Code of Iowa, as the amended Downtown Urban Revitatlization Area. Section Two. Ordinance No. 3978 designating the Amended Downtown Urban Revitalization Area is hereby repealed. Section Three. All ordinances, or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2023. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 1 ITEM #: 34 DATE: 10-24-23 DEPT. P&H COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT FOR LANDSCAPING EXCEPTION RELATED TO ELECTRIC VEHICLE CHARGERS BACKGROUND: The City recently adopted new vehicle charger standards to allow for easier placement of chargers and related equipment on existing developed sites. The standards allow for placement of equipment within existing parking areas and in front yard setbacks. A modification to these standards is now being proposed to exclude charging equipment from impervious area limitations. Most commercial and industrial zones include maximum impervious area coverage requirements with a minimum landscape area requirement. All improvements are subject to these limitations based upon the definition of Landscaping within the Zoning Ordinance. This issue recently came up with Ames Ford as it pursued the addition of a dozen charging stations. The new impervious area totaled approximately 375 square feet, which necessitated removing other paved area to ensure no net increase in impervious coverage and conformance to the minimum landscape requirements. The concern is that on existing developed sites, the coverage limitations may discourage placement of chargers by either outright restricting their placement or by having extra cost with removal and replacement of existing pavement to accommodate the chargers. At the City Council meeting on August 22, 2023, the City Council directed staff to prepare a zoning text amendment to exclude electric vehicle charging infrastructure from landscape area calculations. TEXT AMENDMENT: The proposed text amendment will apply only to the electric charging equipment and transformers. The proposed changes are in underline below. Sec. 29.1317. VEHICLE CHARGERS WITHIN SETBACKS AND PARKING AREAS. (1) Approval of a Zoning Permit is required prior to the placement of an electric vehicle charger and related equipment on a site. Placement of residential electric vehicle chargers at a single-family and two-family dwelling site is exempted from the Zoning Permit requirement. If additional parking area paving is required for the proposed use, it is subject to the procedures of a Minor Site Development Plan. Vehicle Chargers are subject to conformance with this section, when a standard is not addressed by this section all other zoning standards apply. 2 (2) Electric Vehicle Charging equipment consisting of charger pedestals and one (1) ancillary cabinet per four (4) charger pedestals is permitted within a setback when located within a commercial parking lot. Transformers are not permitted within the setback. (3) Charger pedestals and one cabinet per four chargers may be placed within the front yard landscaped area when there is a minimum of 10 feet of clear front yard landscape area between the chargers and related equipment and the front property line. All related charging equipment, including transformers, are exempt from minimum landscape or open space area requirements of the applicable zoning district. The Planning Director may authorize placement within side and rear yard setbacks subject to review of the landscape plan. Placement of the equipment is subject to review of related landscaping for aesthetics and screening. Installation of the chargers and equipment shall not substantially impact or remove healthy existing mature trees within the front yard when feasible alternatives exist. (4) Placement of vehicle chargers and related equipment may substitute for up to two vehicle parking spaces on a site to meet minimum parking requirements. (5) Signage for a charger is allowed to be applied to or integrated with the charger casing in addition to other signage allowances for a site to identify the charging stations and provide instructional information. “Applied or integrated with the charger” does not allow for signage greater than the profile of the charger or use of the charger as a support for additional signage.” (Ord. No. 4501, 05-23-23) The Planning and Zoning Commission reviewed the proposed text amendment at its October 4 meeting. The Commission voted 7-0 in support of amendment. ALTERNATIVES: 1. Approve on first reading the proposed text amendment for landscape and open space exceptions for electric vehicle charging equipment. 2. Approve on first reading a modified zoning text amendment. 3. Request additional information from staff. CITY MANAGER’S RECOMMENDED ACTION: The original approval process for electric vehicle chargers was designed to add flexibility to encourage siting of these stations while maintaining front yard aesthetic standards. The proposed change exempts this small amount of equipment from landscape percentage requirements to provide additional flexibility. Staff does not believe there will be any noticeable difference in the landscaping quality with this exception. Therefore, the City Manager recommends the City Council approve Alternative #1.