HomeMy WebLinkAbout~Master - November 28, 2023, Regular Meeting of the Ames City Council1 .Motion approving payment of claims
2.Motion approving Summary of Minutes of Regular Meeting on November 14, 2023
3.Motion approving Report of Change Orders for period November 1 -15, 2023
4.Motion approving Civil Service Candidates
5.Motion approving 5-Day (December 9 – December 13, 2023) Class C Retail Alcohol License –
Christiani's Events, 2601 East 13th Street
6.Motion approving addition of Outdoor Service Privilege to Special Class C Retail Alcohol License
- Potter's Shoppe & Eatery, 330 5th Street
7.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a. Class C Liquor License with Outdoor Service and Catering Privilege, The Café, 616
Northridge Parkway
b. Class C Liquor License with Outdoor Service, Aunt Maude’s, 543-547 Main Street
c. Class C Liquor License with Outdoor Service, Thumbs Bar, 2816 West Street
d. Special Class C Retail Alcohol License, Mongolian Buffet, 1620 South Kellogg Ave #103,
Pending Dramshop Review
e. Class E Retail Alcohol License, Caseys #4314, 1118 South Duff Avenue
f. Class E Retail Alcohol License, Caseys #4315, 3218 Orion Drive
g. Class E Retail Alcohol License, AJ's Liquor III, 2401 "A" Chamberlain Street
8.Resolution accepting Abstract of Votes for November 7, 2023, Regular City Election
9.Resolution approving Encroachment Permit for Mini Split Heat Pump at 300 Main Street
10.Resolution approving the Iowa Department of Agriculture and Land Stewardship Funding
Agreement for the Ioway Creek-Brookside Water Quality Project revising the completion date to
December 31, 2024
11.Resolution approving preliminary plans and specifications for the Ash Pond Closure, setting
January 24, 2024 as the due date for bids, and setting February 13, 2024 as the date of public
hearing and award of contract.
12.Resolution approving preliminary plans and specifications for the CyRide Security System
Upgrade Phase II project, setting January 10, 2024, as the bid due date, and January 23, 2024, as
the date of Public Hearing
13.Resolution awarding contract to RESCO of Ankeny, Iowa for the purchase of pad mount
transformers in the amount of $446,639.40.
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL
NOVEMBER 28, 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.
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.
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14.Resolution approving Change Order to Professional Services Agreement with Dewilt Grant
Reckert (DGR) for the 161kV Electric Line Relocation Project related to the Iowa Department of
Transportation I-35 Improvements in Polk County
15.Resolution approving contract and bond for 2022/23 Traffic Signal Program with Kline Electric
d.b.a. Heartland Underground Solutions
16.Resolution approving preliminary plans and specifications for the Fitch Family Indoor Aquatic
Center setting January 11, 2024 as bid due date and January 23, 2024 as date of Public Hearing
17.Motion approving/denying 12-month Class E Retail Alcohol License - Neighborhood Liquor and
Smokes, 3505 Lincoln Way, Suite 105
18.Ames Main Street Request for Downtown Ames Master Plan Cost Sharing
a. Resolution allocating $25,000 for a Downtown Ames Master Plan
b. Resolution approving an agreement with Ames Main Street to reimburse 50% of the actual
cost to produce a Downtown Master Plan, up to an amount not-to-exceed $25,000.
19.Deferral Request of Sidewalk Installation and Connection District Payments for Alliant Energy
Subdivision Site on East Lincoln Way
a. Motion Directing Staff for Agreement with Future Platting
20.Request from Ames Main Street to Accept Unconditional Gift of Outdoor Decorative Snowflake:
a. Resolution accepting unconditional gift of snowflake
b. Motion Directing Staff Regarding Display of Snowflake
21.Resolution awarding contract to Gillig LLC of Livermore, California, for the purchase of five 40’
battery electric buses in a total amount not to exceed $5,789,480
22.Resolution awarding contract to In Situ Archaeological Consulting of Eden Prairie, Minnesota, for
archaeological monitoring during construction of the North River Valley Well Field and Pipeline
Project in the amount of $134,924
23.Resolution approving Change Order No. 2 for North River Valley Well Field and Pipeline Project
24.Hearing on amending the contract rezoning agreement at 4605 Hyde Avenue (Auburn Trail)
resulting in time extension for shared use path construction:
a. Resolution approving amendment
25.Oakwood Road Speed Limit
a. First reading of ordinance updating speed limit on Oakwood Road (second and third reading
and adoption requested)
26.Large Electric Customer Time-of-Use Rates
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.
PARKS AND RECREATION:
POLICE:
ADMINISTRATION:
CYRIDE:
WATER AND POLLUTION CONTROL:
HEARINGS:
ORDINANCES:
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a. First passage of ordinance amending Chapter 28, Division 1 for eligibility of customers for
time-of-use rates based on electrical demand
27.Second reading of ordinance on amending the Zoning Text Amendment for Reduced Affordable
Housing Parking Requirement
28.Second reading of ordinance to amend the Urban Revitalization Area Boundary
29.Third reading and adoption of ORDINANCE NO. 4511 amending Section 29.1317 for the purpose
of exception for Electrical Vehicle Chargers within setbacks and parking areas
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.
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SUMMARY OF MINUTES OF THE JOINT MEETING OF THE AMES RESIDENT
POLICE ADVISORY COMMITTEE AND THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 14, 2023
The Joint Meeting of the Ames Resident Police Advisory Committee (ARPAC) and the Ames City
Council was called to order by Mayor John Haila at 6:00 p.m. on the 14th day of November, 2023,
in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were
Committee members Edna Clinton, Roberto Dubiel, Tim Rasmussen, Emily Rebollozo, Virginia
Speight, and Chunhui Xiang as well as Council Members Bronwyn Beatty-Hansen, Tim Gartin,
Rachel Junck, and Anita Rollins. Council Member Amber Corrieri joined the meeting
telephonically. Ex officio Jeff Clark was also present telephonically. Council Member Gloria
Betcher was absent.
PRESENTATION OF THE AMES RESIDENT POLICE ADVISORY COMMITTEE
ANNUAL REPORT: Chief of Police Geoff Huff and ARPAC Chair Emily Rebollozo presented
the Annual Report.
COMMITTEE COMMENTS: None.
ADJOURNMENT:Moved by Gartin, seconded by Rollins, to adjourn the meeting at 6:14 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:18
p.m. on the 14th day of November, 2023, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Tim Gartin,
Rachel Junck, and Anita Rollins. Council Member Amber Corrieri joined the meeting
telephonically. Ex officio Jeff Clark was also present telephonically. Council Member Gloria
Betcher was absent.
PROCLAMATION FOR "CITY OF AMES PHILANTHROPY DAY,"Mayor Haila presented
the proclamation designating November 16, 2023as City of Ames Philanthropy day to Charles Weber
on behalf of Story County Alliance for Philanthropy.
PROCLAMATION FOR "NATIONAL HUNGER AND HOMELESSNESS AWARENESS
WEEK,"Mayor Haila presented the proclamation designating November 11-18, 2023 as National
Hunger and Homelessness Awareness Week to Housing Coordinator Vanessa Baker-Latimer.
CONSENT AGENDA: Mayor Haila pulled Item No. 13.
Moved by Beatty-Hansen, seconded by Junck, to approve the consent agenda less Item No. 13.
1.Motion approving payment of claims
2.Motion approving Summary of Minutes of Regular Meeting on October 24, 2023, and Special
Meeting on October 30, 2023
3.Motion approving Report of Change Orders for period October 16- 31, 2023
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4.Motion approving Civil Service Candidates
5.Motion approving the renewal of the following Beer Permits, Wine Permits & Liquor Licenses:
a. Class B Native Wine Permit - Chocolaterie Stam, 230 Main Street
b. Class C Liquor License - Time Out Ames, 120 Kellogg Avenue
6.Annual 2023 Urban Renewal Report:
a. RESOLUTION NO. 23-592 approving 2023 Urban Renewal Report
b. RESOLUTION NO. 23- 572 approving certification of TIF Debt and appropriating payment of
a rebate of incremental taxes for the Barilla TIF District
7.RESOLUTION NO. 23-573 approving Quarterly Investment Report for period ending September
30, 2023
8.RESOLUTION NO. 23-574 authorizing purchase of Financial Software Hosting and
Maintenance from CentralSquare Technologies, LLC, Lake Mary, Florida, in the amount of
$142,305.47
9.RESOLUTION NO. 23-575 approving FY 2022/23 Annual Street Financial Report
10. RESOLUTION NO. 23-576 approving Plat of Survey for 4004 and 4008 Cochrane Parkway and
accept sidewalk installation deferral
11. RESOLUTION NO. 23-23-577 approving Minor Subdivision Final Plat for Eastgate Subdivision
Plat 2 at 1405 Baltimore Drive
12. RESOLUTION NO. 23-578 approving Professional Services Agreement for 2023/24 Airport
Improvement Program (Wildlife Fence Project)
13. RESOLUTION NO. 23-579 approving preliminary plans and specifications for HVAC
Replacement at the Power Plant, and set December 20, 2023, as the due date for bids and January
9, 2024, as the date of public hearing and award of contract
14. RESOLUTION NO. 23-580 awarding contract to Play-Pro Recreation, Clive, Iowa for Playground
Equipment for Lloyd Kurtz Park in the amount of $60,000
15. RESOLUTION NO. 23-581 awarding contract to Play-Pro Recreation, Clive, Iowa for Playground
Equipment for Country Gables Park in the amount of $60,000
16. RESOLUTION NO. 23-582 awarding contract to Play-Pro Recreation, Clive, Iowa for Playground
Equipment for Christopher Gartner Park in the amount of $60,000
17. RESOLUTION NO. 23-583 awarding contract to Phillips' Floors, Inc. of Indianola, Iowa for City
Hall Interior Improvements (Carpet and Base in Hallways and Conference Rooms) in the amount
of $108,082
18. RESOLUTION NO. 23-584 awarding contract to Stiver's Ford of Waukee, Iowa for Fleet
Replacement Program, purchase of a 2024 Ford F350 pickup in the amount of $51,996
19. RESOLUTION NO. 23-585 approving Change Order No. 2 with Modern Piping, Inc. for
Combustion Turbine Fuel Oil Pipe Installation in the amount of $35,000
20. RESOLUTION NO. 23-586 approving Contract and Bond for the Water Treatment Plant,
Southeast Wellfield, Technical Services Complex Security Fence Improvements Project with
American Fence Company of Iowa, Inc.
21. 2022/23 & 2023/24 Ames Plan 2040 Water Utility Infrastructure - (Lincoln Way & US Highway
69/South Duff)
a. RESOLUTION NO. 23-587 accepting the 2022/23 & 2023/24 Ames Plan 2040 Water Utility
Infrastructure - (Lincoln Way & US Highway 69/South Duff) project as completed by Thorpe
Contracting, LLC of Adel, Iowa in the amount of $873,954
22. RESOLUTION NO. 23-588 accepting the Emma McCarthy Lee Park Tennis and Pickleball Courts
Renovation project as completed by Upper Midwest Athletic Construction, Inc., of Andover,
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Minnesota in the amount of $76,375.
Roll Call Vote: 5-0. Motions/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
HVAC REPLACEMENT AT THE POWER PLANT: Director of Electric Services Don Kom
clarified that the equipment that was being replaced was the HVAC to the original control room, not
the HVAC that was replaced when the control room was expanded.
Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-579 approving
preliminary plans and specifications for HVAC Replacement at the Power Plant, and setting
December 20, 2023, as the due date for bids and January 9, 2024, as the date of public hearing
and award of contract.
Roll Call Vote: 5-0. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum.
Richard Deyo, 505 8th Street #102, Ames, shared his concerns with the community.
Caitlyn Lien, 621 Carr Drive, Ames, spoke in favor of hiring an individual to handle implementing
the Climate Action Plan to advise before the budget processes begin.
Valerie Stallbaumer, Crawford Avenue, Ames, spoke in favor of retaining the light figure columns
in Downtown Ames.
Mayor Haila closed the Public Forum when no one else came forward to speak.
REVIEW OF CITY ZONING APPROVAL AND EXCEPTION PROCESS: Planning and
Housing Director Kelly Diekmann presented the Staff Report.
Moved by Corrieri, seconded by Gartin, that staff come back to the City Council with a
combination of Option One and Option Four from the Staff Report that includes feedback from
the development community and identified common issues.
Vote on Motion: 5-0. Motion declared carried unanimously.
AMES/ISU ICE ARENA COMPRESSOR:Director of Parks and Recreation Keith Abraham
presented the Council Action Form (CAF).
Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 23-589 waiving City
Purchasing Policy and awarding a contract to Johnson Controls, Urbandale, Iowa for the
Ames/ISU Ice Arena Compressor Complete Overhaul in the amount of $84,065.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 23-590 waiving City
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Purchasing Policy and awarding a contract to Johnson Controls for Ames/ISU Ice Arena
Compressor Control Panels Replacement in the amount of $74,200.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON ZONING TEXT AMENDMENT FOR REDUCED AFFORDABLE
HOUSING PARKING REQUIREMENTS: Mayor Haila opened the Public Hearing.
Lauris Olson, 1705 Buchanan Drive, Ames, thanked the City Council for addressing the availability
of affordable housing through initiatives like the proposed ordinance.
Mayor Haila closed the Public Hearing when no one else came forward to speak.
Moved by Beatty-Hansen, seconded by Rollins, to approve on first reading an Ordinance on
Zoning Text Amendment for Reduced Affordable Housing Parking Requirements.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON BAKER SUBDIVISION: Mayor Haila opened and closed the Public Hearing
when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Rollins, to adopt RESOLUTION NO. 23-591 approving
purchase agreement for the sale of City-Owned Lot 1 (412 S. Wilmoth) in the Baker Subdivision
to Habitat for Humanity of Central Iowa.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON AMENDMENTS TO THE DOWNTOWN URBAN REVITALIZATION
AREA: Mayor Haila opened and closed the Public Hearing when no one came forward to speak.
Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 23-570 approving
amendment to Urban Revitalization Area Plan.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Gartin, seconded by Beatty-Hansen, to approve on first reading an Ordinance to amend
the Urban Revitalization Area Boundary.
Roll Call Vote: 5-0. Motion declared carried unanimously.
HEARING ON INTEGRATED SITE PLAN (MAJOR SITE DEVELOPMENT PLAN AND
PRELIMINARY PLAT) FOR 3600 UNIVERSITY BOULEVARD: Mayor Haila opened and
closed the Public Hearing when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Junck, to adopt RESOLUTION NO. 23-593 approving
Major Site Development Plan, subject to compliance with the City’s Outdoor Lighting Code.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-594 approving
Preliminary Plat for the Iowa State University Research Park Phase III Subdivision, Sixth
Addition, subject to all requirements of the integrated subdivision for agreements and easements
are to be reviewed and approved by the City prior to Final Plat.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 2022/23 STORM WATER EROSION CONTROL (CLEAR CREEK BANK
STABILIZATION - UTAH DRIVE): Mayor Haila opened and closed the Public Hearing when
no one came forward to speak.
Moved by Gartin, seconded by Beatty-Hansen, to accept the report of bids for the Storm Water
Erosion Control (Clear Creek Bank Stabilization - Utah Drive) project.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 23-595 approving
the final plans and specifications and awarding the Storm Water Erosion Control (Clear Creek
Bank Stabilization - Utah Drive) project to Iowa Earth Works of Huxley, Iowa in the amount of
$75,615.40.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
SECOND READING OF ORDINANCE AMENDING SECTION 29.1317 RELATED TO
ELECTRICAL VEHICLE CHARGERS WITHIN SETBACKS AND PARKING AREAS:
Moved by Beatty-Hansen, seconded by Junck, to pass on second reading an ordinance amending
Section 29.1317 Related to Electrical Vehicle Chargers within Setbacks and Parking Areas.
Roll Call Vote: 5-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
eleven items for consideration. The first was from Lorna Carroll with Wastershed Rebate Program
Suggestions.
Moved by Beatty-Hansen, seconded by Rollins, to refer to Director of Water and Pollution Control
John Dunn to contact Ms. Carroll and explain the project.
Vote on Motion: 5-0. Motion declared carried unanimously.
Zora Zimmerman wrote addressing her Concerns Regarding Garbage Hauler Operations.
Moved by Rollins, seconded by Beatty-Hansen, to refer to Assistant City Manager Brian Phillips
respond and explain the Waste to Energy study currently in progress.
Vote on Motion: 5-0. Motion declared carried unanimously.
Director Abraham submitted a memo for Fitch Family Indoor Aquatic Center Updates. Mayor
Haila noted that this item was for informational purposes only.
Then, an email from Clare Whalen requesting an Engine Brake Ordinance was considered.
Moved by Beatty-Hansen, seconded by Gartin to refer to the City Attorney for a memo back to the
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City Council.
Vote on Motion: 5-0. Motion declared carried unanimously.
Another email regarding an Engine Brake Ordinance was submitted by Jonah Pedelty. Mayor
Haila noted that this item was addressed with the previous motion.
Next, Jeremy Withers requested a Speed Limit Reduction on 6th Street.
Moved by Beatty-Hansen, seconded by Junck, to request a memo from Traffic Engineer Damion
Pregitzer.
Vote on Motion: 5-0. Motion declared carried unanimously.
Will Determan sent an email regarding concerns with South 16th Street Widening.
Moved by Beatty-Hansen, seconded by Junck, to refer to Engineer Pregitzer to explain the safety
issues directly to Mr. Determan.
Vote on Motion: 5-0. Motion declared carried unanimously.
An email from Dan DeGeest with Suggestions Regarding the Ames Waste to Energy Program was
next to be discussed. Mayor Haila stated that he would respond directly to the citizen.
Then an email from Haven Carlson with Game Day Concerns Regarding South 4th Street Bridge
was addressed.
Moved by Gartin, seconded by Rollins, to refer to City Manager Schainker and Public Works
Director John Joiner to respond.
Vote on Motion: 5-0. Motion declared carried unanimously.
Anne Taschetta requested Regulation of Occupancy on Private Property.
Moved by Gartin, seconded by Rollins, to refer the matter to City Manager Schainker to respond
to the citizen and bring a memo back to the City Council.
Vote on Motion: 5-0. Motion declared carried unanimously.
Lastly, a letter from Crystal Davis regarding Donation of Snowflake for Snow Magic Event was
reviewed.
Moved by Gartin, seconded by Junck, to place on a future agenda to officially accept the donation
of the snowflake and clarify the terms of the donation.
Vote on Motion: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: The Mayor and Council Members reported on various meetings
attended, upcoming meetings, community events, and items of interest.
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 by Section
20.17(3), Code of Iowa, to discuss collective bargaining strategy.
Moved by Gartin, seconded by Junck, to go into closed session at 8:16 p.m.
Roll Call Vote: 5-0. Motion declared carried unanimously.
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The City Council reconvened in Regular Session at 8:45 p.m.
ADJOURNMENT: Moved by Beatty-Hansen, seconded by Rollins, to adjourn at 8:45 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Grace A. Bandstra, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk’s Office at 515-239-5105.
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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 Professional Services for
2022/23 Airport
Improvement Program
(South Apron Rehab)
1 $184,700.00 Bolton & Menk, Inc $0.00 $28,300.00 B. Phillips KS
Electric
Services
Asbestos Maintenance
Services Contract for Power
Plant
1 $120,000.00 Earth Services &
Abatement LLC
$0.00 $23,000.00 D. Kom AM
Electric
Services
Combustion Turbine Fuel
Oil Piping Installation
1 $391,700.00 Modern Piping Inc.$0.00 $46,056.43 B. Phillips AM
$$$
$$$
$$$
Period:1st – 15th
16th – End of Month
Month & Year:November 2023
For City Council Date:November 28, 2023
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MINUTES OF THE REGULAR MEETING OF THE
AMES CIVIL SERVICE COMMISSION
AMES, IOWA NOVEMBER 16, 2023
The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson
Kim Linduska at 8:23 AM on November 16, 2023. As it was impractical for the Commission
members to attend in person, Commission Chairperson Kim Linduska, Commission Members Mike
Crum and Harold Pike, were brought in telephonically. Also in attendance was Commission Clerk,
Vicki Hillock.
APPROVAL OF MINUTES OF OCTOBER 26, 2023: Moved by Pike, seconded by Crum, to
approve the Minutes of the October 26, 2023, Regular Service Commission meeting. Vote on
Motion: 3-0. Motion declared carried unanimously.
CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by
Crum, to certify the following individuals to the Ames City Council as Entry-Level Applicants:
Maintenance Worker – Streets Christian Pitt 81
Max McCubbin 80
Lane Kahler 80
Logan Keisling 74
Andrew Lockey 73
Police Officer Noah Pueschel 77
Brennan Linn 74
Vote on Motion: 3-0. Motion declared carried unanimously.
REQUEST TO EXHAUST POLICE OFFICER LIST: Moved by Crum, seconded by Pike to
exhaust the Police Officer entry-level certified list.
Vote on Motion: 3-0. Motion declared carried unanimously.
REQUEST TO REMOVE NAME PUBLIC SAFETY DISPATCHER LIST: Moved by
Linduska, seconded by Pike to remove name from the Public Safety Dispatcher entry-level certified
list.
Vote on Motion: 3-0. Motion declared carried unanimously.
COMMENTS: The next Regular Meeting will be held telephonically on Thursday, December 28,
2023, at 8:15am.
ADJOURNMENT: The meeting adjourned at 8:28 AM.
__________________________________ _______________________________________
Kim Linduska, Chairperson Vicki Hillock, Commission Clerk
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Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
CHRISTIANI'S EVENTS, L.L.C.
NAME OF BUSINESS(DBA)
Christiani's Events
BUSINESS
(515) 360-8069
ADDRESS OF PREMISES
2601 East 13th Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
1150 East Diehl AvenueJordan
Park
CITY
Des Moines
STATE
Iowa
ZIP
50315
Contact Person
NAME
Peter Worsham
PHONE
(515) 360-8069
EMAIL
christianiscatering1@gmail.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Retail Alcohol License
TERM
5 Day
STATUS
Pending
Dramshop
Review
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Retail Alcohol License
PRIVILEGES
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Page 2 of 2
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Carol Christiani Des Moines Iowa 50321 LLC Member 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
Founders Insurance Company
POLICY EFFECTIVE DATE 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
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Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
SUGARED MAGNOLIA CAFE,
LLC
NAME OF BUSINESS(DBA)
Potter's Shoppe & Eatery
BUSINESS
(515) 451-8334
ADDRESS OF PREMISES
330 5th Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
330 5th Street
CITY
Ames
STATE
Iowa
ZIP
50010
Contact Person
NAME
Anne Potter
PHONE
(515) 451-8334
EMAIL
anne71011@gmail.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Special Class C Retail Alcohol
License
TERM
12 Month
STATUS
Submitted
to ABD
TENTATIVE EFFECTIVE DATE
Sep 1, 2023
TENTATIVE EXPIRATION DATE
Aug 31, 2024
LAST DAY OF BUSINESS
SUB-PERMITS
Special Class C Retail Alcohol License
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Page 2 of 2
PRIVILEGES
Outdoor Service
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Anne Potter Ames Iowa 50010 President 51.00 Yes
Andrew Potter Ames Iowa 50010 Vice President 49.00 Yes
Insurance Company Information
INSURANCE COMPANY
Illinois Casualty Co
POLICY EFFECTIVE DATE
Sep 1, 2023
POLICY EXPIRATION DATE
July 31, 2024
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
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To:Mayor John Haila and Ames City Council Members
From:Lieutenant Mike Arkovich, Ames Police Department
Date:November 4th, 2023
Subject:Beer & Liquor License Renewal Recommendations
Item No. 7
MEMO
On November 28th, 2023 the City Council will be considering the following license
renewals:
The Café, (2616 Northridge Parkway), Class C Liquor License with Outdoor
Service and Catering Privilege
Aunt Maude’s, (543-547 Main Street), Class C Liquor License with Outdoor
Service
Thumbs Bar, (2816 West Street), Class C Liquor License with Outdoor Service
Mongolian Buffet, (1620 South Kellogg Ave #103), Special Class C Retail Alcohol
License, Pending Dramshop Review
Caseys #4314, (1118 South Duff Avenue), Class E Retail Alcohol License
Caseys #4315, (3218 Orion Drive), Class E Retail Alcohol License
AJ's Liquor III, (2401 "A" Chamberlain Street), Class E Retail Alcohol License
A review of police records for the past 12 months found no liquor law violations for
the above locations. Therefore, the Ames Police Department recommends the
license renewal for all of the businesses listed above.
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
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ITEM #:9
DATE:11-28-23
DEPT:ADMIN
SUBJECT:ENCROACHMENT PERMIT FOR MINI SPLIT HEAT PUMP OUTSIDE
BUILDING AT 300 MAIN STREET
COUNCIL ACTION FORM
BACKGROUND:
The owner of the building at 300 Main Street, Bradford Williams LLC, is seeking approval for a mini
split heat pump outside the building that is 47.25 inches high and 47.25" inches wide. An
Encroachment Permit is necessary to allow this unit to be installed over the right-of-way. The
equipment also includes a louvered screen surrounding it.
This request is unusual in that it is an encroachment at ground level and it is for a piece of
equipment necessary for the heating and cooling of the building. Staff's understanding of the
request is that the proposed heat pump will replace a failed boiler system and for this heat pump option
it needs to be located on the side of the building rather than the rear of the building or on the roof.
The proposed location along Kellogg will place the equipment between two existing stairwell
encroachments. Staff would normally not support encroachments at the ground level. However, it is
this location between other permanent encroachments used for access to the building that allows staff to
determine the encroachment is acceptable without being a hazard or impediment to use of the sidewalk
by pedestrians. Additionally, staff would not encourage encroachments that are necessary for the use of
building that cannot be removed if the City were to reconstruct the sidewalk or roadway. This
equipment will be of a relatively permanent nature to heat and cool the building, but it will still be
subject to the City's standard encroachment requirements that it can be removed or modified at the
direction of the City, at the owners cost.
Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment Permit Agreement
by the City Council before the Permit can be issued. By signing the Agreement, the applicant and the
owner agree to hold harmless the City against any loss or liability as a result of the encroachment, to
submit a certificate of liability insurance that protects the City of an accident, and to pay the fee for the
Encroachment Permit. The applicant and owner also understand that this approval may be revoked at
any time by the City Council. The fee for this permit was calculated at $25, and the full amount has
been received by the City Clerk's Office along with the certificate of liability insurance.
ALTERNATIVES:
1. Approve the request for an encroachment permit.
2. Deny the request for an encroachment permit.
CITY MANAGER'S RECOMMENDED ACTION:
The application meets the criteria for the approval of an Encroachment Permit, and the required fee and
insurance have been received by the City Clerk’s Office. It is, therefore, the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
ATTACHMENT(S):
Encroachment Permit Supporting Documents.pdf
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ITEM #:10
DATE:11-28-23
DEPT:Public Works
SUBJECT:IOWAY CREEK-BROOKSIDE AMENDMENT TO FUNDING AGREEMENT
WITH IOWA DEPARTMENT OF AGRICULTURE AND LAND
STEWARDSHIP
COUNCIL ACTION FORM
BACKGROUND:
The City was awarded a grant in the amount $100,000 through a competitive application process for the
Water Quality Initiative Program administered by the Iowa Department of Agriculture and Land
Stewardship (IDALS) for the 2019/20 Stormwater Erosion Control Program for the Ioway Creek-
Brookside Water Quality Project. This grant program was established to assess and reduce nutrients in
the state’s watersheds. City Council approved the original agreement on April 12, 2022, with a
completion date of December 31, 2023. With delays in easement acquisition, a request for an
extension to December 31, 2024 has been made and is included in the attached amendment.
The City plans to incorporate a water quality oxbow to treat storm water runoff from the existing storm
sewer. This runoff currently runs directly to the Ioway Creek untreated and undetained. The oxbow will
greatly improve conditions from the existing streets and neighborhood on the east side of creek.
The Ioway Creek-Brookside project continues to be included in the Capital Improvement Plan (CIP)
with funding since FY 2019/20. Funding consists of $432,000 from the Stormwater Utility Fund, and
$900,000 in State Grants. Construction is anticipated to commence in FY 2023/24 with anticipated
completion in late 2024.
ALTERNATIVES:
1. Approve the Iowa Department of Agriculture and Land Stewardship Funding Agreement for the
Ioway Creek-Brookside Water Quality Project revising the completion date to December 31,
2024.
2. Reject the amendment and allow the agreement to expire.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of this agreement with the IDALS must happen before moving forward with construction of
this project in the 2023/24 construction season. Delay or rejection of this amendment to the agreement
could result in additional funding being required. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as noted above
ATTACHMENT(S):
Ioway Creek Revised Mitigation Plan (002).jpg
WQI EXTENSION.docx
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WATER QUALITY INITIATIVE
Urban Conservation Demonstration Projects
CONTRACT NUMBER: URBAN22WQUI-001
Project Name: Ioway Creek-Brookside Water Quality Project
COST-SHARE GRANT CONTRACT AMENDMENT #1
BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
(IDALS)
AND CITY OF AMES
This amendment is entered into by the Iowa Department of Agriculture and Land Stewardship;
hereinafter referred to as IDALS, and the City of Ames; hereinafter referred to as the Grantee.
I.Relative to the Ioway Creek-Brookside Water Quality Project.
II.Purpose of the Amendment
A. In response to the Grantee’s request to extend the Project Completion Date in general
accordance with Section 2 of the Cost-Share Grant Contract.
The Project Completion Date will be amended from December 31, 2023, to December
31, 2024.
B. This Amendment does not change any other provisions of the agreement.
III.Effective Date of this Amendment
This amendment takes effect upon signature by all parties below.
CITY OF AMES:
/ /
Authorized Representative Date
FOR IDALS:
/ /
Grant Menke, Deputy Secretary of Agriculture Date
32
ITEM #:11
DATE:11-28-23
DEPT:ELEC
SUBJECT:ASH POND CLOSURE
COUNCIL ACTION FORM
BACKGROUND:
The City's Power Plant operated for over a century by combusting coal to generate electricity. The
combustion of coal (and since the mid-1970s refuse-derived fuel, or RDF) generated ash as a
byproduct. Although the Power Plant no longer burns coal, the combustion of RDF still results in ash
being generated. The ash from the Power Plant is conveyed from the boilers to an ash impoundment
pond several hundred yards to the east of the Power Plant.
On April 17, 2015, a Final Rule entitled "Hazardous and Solid Waste Management System; Disposal of
Coal Combustion Residuals (CCR) From Electric Utilities": was published in the Federal Register,
which regulated the disposal of ash in surface impoundments and landfills resulting from the burning of
coal in electric utility boilers. Compliance with the CCR rule requires a major project to
reconfigure the existing ash site in which approximately one-half of the site with coal ash will
become a closed-in-place impoundment. The remaining half will be reconstructed as a new lagoon
to continue to receive ash from the Power Plant as it continues to burn RDF.
The design for reconfiguring the existing ash site into the closed-in-place impoundment and the
construction of the lagoon is complete. The plans for the impoundment and construction have also been
approved by the Iowa Department of Natural Resources. The base bid includes the work necessary to
comply with the Environmental Protection Agency (EPA) regulations by constructing the close-
in-place impoundment. Reconstruction of the lagoon will be an alternate bid item. If the Power
Plant continues to burn RDF long term, this lagoon construction will be required to ensure the
proper handling of future RDF ash. Separating the bid into a base bid and an alternative provides
staff options when considering waste-to energy options in the future.
The Engineer's estimate for the base bid is $5.1 million. The engineer's estimate for the bid alternate is
an additional $2.1 million. The approved FY 2022/23 CIP includes $5.6 million for construction.
ALTERNATIVES:
1. Approve preliminary plans and specifications for the Ash Pond Closure, set January 24, 2024 as the
due date for bids, and set February 13, 2024 as the date of public hearing and award of contract.
2. Direct staff to modify the project as proposed.
3. Do not proceed with the project at this time.
CITY MANAGER'S RECOMMENDED ACTION:
This work is necessary for the Power Plant to comply with the U.S. EPA's Coal Combustion Residuals
rule. The project has been planned for the past several years and funding has been included in the
Capital Improvements Plan to carry out the construction. Therefore, it is the recommendation of the
City Manager that the City Council adopt Alternative #1 as stated above.
33
ITEM #:12
DATE:11-28-23
DEPT:Transit
SUBJECT:CYRIDE SECURITY SYSTEM UPGRADE PHASE II PLANS AND
SPECIFICATIONS
COUNCIL ACTION FORM
BACKGROUND:
Safety is CyRide’s highest priority, and part of this commitment includes securing physical assets and
monitoring vehicles and the facility. In 2017, CyRide completed the first phase of a facility security and
access control project. CyRide worked with the Transportation Security Administration (TSA) to
identify areas for security improvement within the facility. The assessment identified the highest
priorities as improving facility visibility, increasing intrusion detection, expanding electronic access
controls, and improving data management. CyRide has $200,000 programmed into the FY 2023/24
Capital Improvements Plan for this project.
To determine the most cost-effective solution to improve security coverage of CyRide’s facility, staff
worked with the on-call Architecture and Engineering (A&E) firm and the Information Technology (IT)
division. Plans call for camera installations in the interior and exterior areas of the facility, monitoring
all doors by installing door position switches, installing electronic access control on priority doors, and
migrating to a new access control and monitoring software that will be integrated with the City Hall
system and supported by the IT division.
The current cost estimate is $225,280, which includes a 10% contingency fund. To ensure the project
stays within the budgeted amount, the procurement has been structured as a base bid with four bid
alternates.
Base Bid
o Equip all facility doors (person and overhead) with position switches (open/closed status).
o Install 21 new surveillance cameras inside and outside the facility.
o Align the security system software and servers with the City Hall security system.
Alternate #1
o Add five additional cameras in the administration building.
Alternate #2
o Add five additional cameras throughout the maintenance shop and exterior of the building.
Alternate #3
o Add four additional cameras in the northwest bus storage area of the garage.
Alternate #4
o Equip five doors with electronic access control equipment.
CyRide staff has worked with the Purchasing Division to prepare the project for bid letting. Listed
below is the proposed schedule for this project.
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Date Project Elements
November 28, 2023 City Council approval of plans and specifications
November 29, 2023 Project release of bids
January 10, 2024 Bids Due
January 18, 2024 Transit Board report of bid and award of contract
January 23, 2024 City Council report of bid and award of contract to
City Council
At the November 16, 2023, meeting, the Transit Board approved project plans and specifications for the
CyRide Security System Upgrade Phase II. Plans and specifications are now on file in the City Clerk's
Office.
ALTERNATIVES:
1. Approve the release of plans and specifications for the CyRide Security System Upgrade Phase II
project, set the bid due date as January 10, 2024, and establish January 23, 2024, as the date
of report of bids to the City Council.
2. Do not approve the plans and specifications for this project.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of the plans and specifications would allow CyRide to move forward with its goals of
improved visual monitoring capabilities and expanded security hardware. Equipping the facility with
cameras and door access controls will gain much needed security improvements. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above.
35
ITEM #:13
DATE:11-28-23
DEPT:Electric
SUBJECT:AWARD CONTRACT TO PURCHASE TRANSFORMERS FOR ELECTRIC
SERVICES DEPARTMENT
COUNCIL ACTION FORM
BACKGROUND:
This contract is for the purchase of electric transformers necessary to meet the anticipated needs
of the Electric Services Department. These transformers are kept on hand in order to ensure
availability which will enable staff to replace failed transformers quickly. Typically, these transformers
are used to provide service for commercial and residential applications. These transformers are also
necessary to meet the anticipated needs of the Electric Services Department for new services and
maintenance activities.
Lead times have become a challenge for many vendors of critical electric inventory components, due to
supply chain issues. To address the Electric Department's need for transformers in the future, staff
issued a Request for Quotation (RFQ) for a one-time purchase of specifically requested transformers.
On October 6, 2023, an RFQ document was posted to Ames Bids, the electronic bidding site. A total of
18 potential bidders viewed the project. On October 19, 2023, bids were received as follows:
LINE TRANSFORMER QUANTITY
RURAL
ELECTRIC
SUPPLY
COOPERATIVE
(RESCO)*
Ankeny, Iowa
DAKOTA
SUPPLY
GROUP
Ames, Iowa
IRBY
UTILITIES
Rapid City,
South
Dakota
1 75 kVA
(120/240 v)5 $28,141.00 No Bid No Bid
2 150 kVA
(120/208 v)5 $77,815.75 $126,862.57 No Bid
3 500 kVA
(277/480 v)3 $87,055.20 $138,699.03 No Bid
4 750 kVA
(120/208 v)2 $83,609.80 $123,811.39 No Bid
5 750 kVA
(277/480 v) 5 $170,017.65 $267,911.09 No Bid
6 2500 kVA
(277/480 v) 1 No Bid $127,984.29 No Bid
*RESCO pricing is subject to manufacturer escalation at time of shipment not to exceed 5%.
Price is inclusive of 6% State of Iowa Sales Taxes Plus 1% Local Tax.
IRBY Utilities submitted a bid, but the bid form did not contain any pricing. Therefore, staff evaluated
the two bids that contained responsive quotes. After the RFQ was issued, Electric Services staff
determined that the transformer specified in line 6 in the table above was no longer needed. Staff was
36
able to repair an existing transformer with similar specifications.
This contract will be paid from $350,000 budgeted in FY2023/24 from the Underground Systems
Improvements/Transformers and $96,640 from the Underground System's Improvements/Equipment &
Materials accounts.
ALTERNATIVES:
1. Award a contract to RESCO of Ankeny, Iowa for the purchase of pad mount transformers in the
amount not to exceed $446,639.40. Payments will be based on unit prices and quantities ordered
inclusive of all applicable sales taxes.
2. Direct staff to award the contract to another bidder.
3. Reject the bids.
CITY MANAGER'S RECOMMENDED ACTION:
Transformers are a critical component to provide reliable electric service to customers of the Ames
Municipal Electric System. It is important to purchase transformers at the lowest possible cost with
minimal risk to the City. It is also imperative to have transformers available to meet customer needs in
the short-term as well as the long-term. Therefore, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1, as described above.
37
ITEM #:14
DATE:11-28-23
DEPT:Electric
SUBJECT:CHANGE ORDER TO PROFESSIONAL SERVICES AGREEMENT TO SUPPORT
THE 161KV ELECTRIC LINE RELOCATION PROJECT FOR IOWA
DEPARTMENT OF TRANSPORTATION I-35 IMPROVEMENTS IN POLK
COUNTY
COUNCIL ACTION FORM
BACKGROUND:
The City owns a 161kV electric transmission line that extends from Ames to an electric substation on the
northeast side of Ankeny. The Iowa Department of Transportation (IDOT) is widening Interstate 35 in Polk
County between Ankeny and the Skunk River. The majority of the road improvements are being made to the
west side of I-35, but some improvements are taking place on both sides of the Interstate at NE 126th Ave,
NE 142nd Ave and NE 158 th Ave. The work on the east side of the interstate at these three locations requires
the relocation of Ames' 161kV electric transmission line, which is located adjacent to the east side of the
interstate at these three locations.
The City has entered into reimbursement agreements with IDOT for both the professional services and
construction services required for this effort. The City has performed the necessary relocation work at
this time to allow IDOT to perform its improvements. However, additional work will be needed to
return the 161kV line to its final alignment once IDOT has completed its improvements. At this time
all professional services funds have been expended and additional funds will be needed for
construction administration, construction management and final design support and record drawings.
The reasons for this increase are for additional surveying services needed to determine the extent of crop
damage areas in the vicinity of the relocation construction and to provide additional effort during the
construction administration phase of the project to review contractor materials, manage construction
scheduling and outage coordination, and remediate landowner property access challenges and construction
management issues. Weather delays, material acquisition difficulties, and addressing property owner
construction concerns have created this need for additional engineering support.
The City Council previously approved a Professional Services Agreement with Dewilt Grant Reckert (DGR)
in the amount of $291,000 for this work. In order to proceed with the final construction administration phase
of work, staff is requesting City Council approve a change order to the this agreement in the amount of
$59,000. The IDOT reimbursement agreement for engineering services contains an allowance of 125% for
changes such as this. Since this increase is below that amount, the City is not required to request IDOT
approval for the change. The entire cost of this project will be reimbursed by IDOT in accordance with
the previous City Council and IDOT approved reimbursement agreement. There remain sufficient funds
in the FY 2023/24 Capital Improvement budget to cover this Change Order.
ALTERNATIVES:
1. Approve a change order in the amount of $59,000 to Dewilt Grant Reckert (DGR), for a revised contract
total of $350,000.
2. Do not approve the change order.
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CITY MANAGER'S RECOMMENDED ACTION:
The relocation of this transmission line is necessary to facilitate the widening of I-35 being undertaken by the
Iowa DOT. Additional funds are necessary to allow Ames’ transmission line to be relocated to its final
alignment following IDOT improvements. All City costs will be reimbursed by the IDOT. Therefore, it is
the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above.
ATTACHMENT(S):
Amendment No. 1
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C:\USERS\DENNIS.HASELHOFF\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\Z1T97VMG\POLK COUNTY I-35 AMEND1.DOC
AMENDMENT #1
RE: Engineering Services
161 kV Transmission Line relocation
City of Ames, Electric Services
DGR Project No. 419437
Original Contract Date: February 22, 2022
Amendment Date: October 25, 2023
The City of Ames has requested additional engineering services to the original Scope of Work.
ADDITIONAL SCOPE OF WORK:
DGR will provide the following additional services:
Construction Administration:
• Additional effort during the construction administration phase of the project due to
contractor management of material handling/procurement, construction scheduling
and outage request coordination, remediation of landowner property access
challenges and construction management issues.
Construction Observation:
• Settlement and/or surveying of property and crop damages was not part of the
original scope of work. DGR will provide surveying services to determine the extent
of property/crop damage areas on landowner parcels north and south of 142nd Ave
and 158th Ave of the project.
ENGINEERING FEE ADJUSTMENT:
We propose that the fee structure for the project be revised as follows:
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C:\USERS\DENNIS.HASELHOFF\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\Z1T97VMG\POLK COUNTY I-35 AMEND1.DOC
Portion of Project Current Fee
Total
Proposed Fee
Increase Revised Fee Total
Initial Effort & Design $176,000 $0 $176,000
ROW Acquisition Services $25,000 $0 $25,000
Bidding Phase $10,000 $0 $10,000
Construction Admin $35,000 $56,000 $91,000
Construction Observation $45,000 $3,000 $48,000
Total Max Fee $291,000 $59,000 $350,000
DGR ENGINEERING CITY OF AMES
By By
Curt D. Dieren, Vice President
Date Date
11-17-2023
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To:Mayor and City Council
From:City Clerk's Office
Date:November 28, 2023
Subject:Contract and Bond approval
Item No. 15
MEMO
There is no Council Action Form for this item. City Council approval of the contract and
bond for the project is simply fulfilling a State Code requirement.
/cmw
City Clerk's Office 515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
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ITEM #:16
DATE:11-28-23
DEPT:P&R
SUBJECT:FITCH FAMILY INDOOR AQUATIC CENTER PLANS AND
SPECIFICATIONS
COUNCIL ACTION FORM
BACKGROUND:
There are three design phases when proceeding with a large project such as the Fitch Family Indoor
Aquatics Center:
• Schematic Design (SD)
• Design Development (DD)
• Construction Documents (CD)
In each phase, the design of the facility is further refined, along with the cost estimates. Included in the
2023-28 Capital Improvement Plan (CIP) is a total estimated budget for the Fitch Family Indoor
Aquatic Center of $33,705,972. The information included in this report is related to the last phase of the
design process which is the development of Construction Documents.
FLOOR PLANS:
Included in the Construction Documents is a floor plan for the Base Bid (which includes the aquatic
components and related amenities) and Add Alternate 1 (which adds two multi-purpose rooms and a
walking area.) At a previous meeting, City Council directed staff to split the project as described due to
concerns regarding whether there was sufficient funding to build the larger version of the project. The
City Council should note that two other minor add alternates are being proposed in the
construction plans which are highlighted later in this report.
Spaces in the base bid include a six-lane 25-yard lap pool, zero-depth entry pool with a current channel,
wellness pool, one body slide, men’s and women’s locker rooms, six universal/family change rooms,
wet classroom/party room, check-in area, lobby with two universal restrooms, and support spaces. The
add alternate includes a walking area, two multi-purpose rooms, and two additional universal restrooms.
The two floor plans are shown in Attachment A. These are the plans that the City Council has seen
before.
BUILDING RENDERINGS:
A majority of the building is designed with a combination of colored and non-colored pre-cast concrete
insulated panels. A portion of the south facing wall will be a combination of glass and concrete, as this
will be the most visible side of the building. Some glass will have a treatment to minimize glare on the
pool surfaces. The structure is designed to support solar panels on the roof as well as HVAC equipment.
Floor finishes include brushed concrete, polished concrete, ceramic tile, carpeting, and resilient flooring
(add alternate only). Interior walls will include pre-cast concrete panels, concrete block, and gypsum
board. Lighting will be LED and supplemented with natural light where possible.
Attachment B shows renderings from different angles of the base bid and the base bid with alternate.
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Colors shown are what are specified in the plans. Here again, the renderings are the same as previously
shown to the City Council.
CONSTRUCTION DOCUMENTS COST ESTIMATE:
In the Construction Documents Phase, the estimated construction cost for the base bid only has been
revised to $20,273,605, or $226,395 less than the $20,500,000 originally budgeted for the construction
of the project (excluding the construction of the walking area addition). This amount is indicated in
Table 1, below, in the “Construction Documents Estimate” column.
This estimate was created using today’s prices and adding a 1% escalator since bidding will not occur
until later this year. All the other items are either actuals (land), contracted amounts (design,
construction manager), or allotments set by staff (the remainder of the items).
ADD ALTERNATES:
For this project, three add alternates are included in the construction documents and summarized below.
All three alternates have been added to the overall project costs in Table 1. These estimates assume the
Alternates are added to the base bid and completed at the same time.
Add Alternate 1 – Multi-Purpose Rooms & Walking Area:
In April 2022, the cost estimate from Stecker-Harmsen for the walking track add alternate was
$3,000,000. At the end of Schematic Design, the estimate was revised to $2,391,236. The estimated
cost for the add alternate after Design Development was $1,800,000. The estimated cost for Add
Alternate 1 is now $1,506,117.
Add Alternate 2 – Heating to Main Entry Concrete:
To help provide a safe entry way to the building during winter months, heated concrete has been added
as an alternate. This will also help reduce the amount of snow being tracked into the building. The
estimated cost for Add Alternate 2 is $50,000.
Add Alternate 3 – Tile Edge to Lap & Recreation Pools:
The base bid includes a concrete bull nose edge around the lap and recreation pools which is similar to
how pool basin edges are at the Furman Aquatic Center. If funding is available, adding a tile edge on
top of the pool deck and six inches down the sides is preferred. The estimated cost for Add Alternate
3 is $65,000.
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Table 1.
Fitch Family Indoor Aquatic Center Estimated Expenses
Projected
Budget
Design
Development
Estimate
Construction
Documents
Estimate
Conceptual Design / Environmental Testing $ 64,893 $ 64,893 $ 64,893
Land $ 2,900,000 $ 2,900,000 $ 2,900,000
Relocate Electric Lines $ 75,000 $ 75,000 $ 75,000
Design $ 1,783,850 $ 1,783,850 $ 1,783,850
Remediation / Mitigation $ 1,000,000 $ 1,000,000 $ 1,000,000
Construction Manager (CM)$ 1,392,229 $ 1,392,229 $ 1,392,229
Soils, Survey, Testing (SST)$ 390,000 $ 390,000 $ 390,000
Construction $ 20,500,000 $ 20,593,493 $ 20,273,605
Furniture, Fixtures, & Equipment (FFE)$ 500,000 $ 500,000 $ 500,000
Base Bid Subtotal $ 28,605,972 $ 28,669,465 $ 28,379,577
Contingency $ 2,100,000 $ 2,100,000 $ 2,100,00
Add Alternate 1 - Walking Area Addition $ 3,000,000 $ 1,800,000 $ 1,506,117
Add Alternate 2 - Heating to Main Entry Concrete $ 50,000
Add Alternate 3 - Tile Edge (Lap & Recreation
Pools) $ 65,000
Project Total $ 33,705,972 $ 32,599,465 $ 32,100,694
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Table 2 outlines the funding sources for the project. Column one (“Original Budget”) reflects the
information included in the CIP, which was sufficient to finance the construction of the Base Bid
portion of the project (using estimates known at that time). The second column indicates the funding
needed at the end of the Design Development phase. The third column shows the potential funding
based on the most recent information. The difference between the first and third columns in funding
comes from three sources, 1) G.O. Bonds, 2) Donations, and 3) American Rescue Plan Act (ARPA)
funds.
Table 2.
Fitch Family Indoor Aquatic Center Estimated Revenues
Original
Budget
Potential
Funding at
Design
Development
Potential
Funding at
Construction
Documents
Hotel / Motel Tax $ 64,893 $ 64,893 $ 64,893
G.O. Bonds $ 19,334,284 $ 20,854,146 $ 20,355,375
Geitel Winakor Donation Fund $ 1,950,000 $ 1,950,000 $ 1,950,000
Donations $ 8,356,795 $ 8,361,745 $ 8,361,745
Community Attraction & Tourism (CAT) Grant $ 500,000 $ $
Story County Contribution $ 500,000 $ 500,000 $ 500,000
ARPA Funding $ $ 868,681 $ 868,681
Total $ 30,705,972 $ 32,599,465 $ 32,100,694
*Council authorized up to $21,200,000 in G.O. bonds on September 14, 2021
Donations have increased by $4,950 from the original budget. As explained during CIP presentations in
January of 2023, $868,681 in ARPA funds was set aside for this project, but not included in the
Original Budget. While Council authorized issuing up to $21,200,000 in G.O. Bonds, it now appears
from the Construction Document estimates that only $20,355,375 in bonds will be needed.
CAT Grant Funding – The original budget included an anticipated $500,000 CAT grant to support the
project. Staff submitted an application for these funds, but was notified in June 2023 that the City did
not receive an award. Staff has been encouraged to reapply and worked with the Ames Chamber of
Commerce to submit an application by the November 15, 2023 deadline. The application review board
is scheduled to meet on December 7 and staff will have an opportunity to present the project and
answer questions. If this grant ultimately is awarded, the amount needed from G.O. Bonds can be
reduced by an additional $500,000.
ADDITIONAL MISCELLANEOUS ACTIVITIES:
Since the last update to Council, staff also has been working on several miscellaneous activities related
to the overall project. several of these activities are explained below.
Geothermal Wells – As stated in a memo to City Council dated November 2, 2023, the Iowa
Department of Natural Resources (IDNR) gave the City authorization to install a horizontal geothermal
well field as long as the piping was not installed in the northeast corner of the site and did not go deeper
than 20 feet. The design team had been developing the plans and specifications for the heating and
cooling components with this in mind.
46
To do its due diligence, the City contracted A-One Geothermal to install a test well and perform a 48-
hour conductivity test. After the test was completed, the well would stay in place and become a
component of the entire well field. A-One attempted to install the test well the week of October 23 and
ran into the following problems:
• Once the drill got to a depth of 19 feet, A-One was not able to level out the drill head in order to run
the bore horizontally. Instead the drill head just kept going deeper.
• A-One was also not able to control the direction of the bore as the drill head was 30 feet away from
where it should have been when it reached the 19-foot depth.
• A-One tried a second test well in a different direction and they experienced the same issues as the
first test well.
A-One described the sub-surface material as a hard, sandy shale and thus the reason they ran into these
problems. With this information, A-One informed the City that it is not feasible to install a horizontal
geothermal well field on the FFIAC site. The current plans and specifications reflect no geothermal well
field and instead include the addition of some more traditional heating and cooling components.
An indoor aquatic center inherently is an energy intensive facility. While unfortunate energy cannot be
stored in the ground, there is still a high energy efficient system being designed for this building. This
new development, however, will result in staff exploring the financial feasibility of installing a rooftop
solar panel system to help mitigate electric costs. If this option is pursued, it will most likely require a
new, separate contract for work to be performed after the facility construction is completed. The
building structure has been designed to accommodate the addition of solar panels in the future.
Stormwater Management – After many discussions, onsite stormwater management is included in the
plans and specifications. In this design, bioretention cells will be situated in the southwest and
northwest corners of the site. Onsite management also includes permeable pavers and underground
storage as part of the design.
Updated Impact7G Recommendations Related to Site Contamination – After City Council’s
September 26, 2023 meeting, staff worked with Impact7G to revise its recommendations based on
Council direction. These updated recommendations can be viewed in Attachment C. Prior to these
updates, additional conversations were held which included representatives from Impact7G, Iowa
Department of Natural Resources (IDNR), Story Construction, RDG Planning and Design, and the City.
State Approval of Aquatic Plans – Waters Edge Aquatics Design will be submitting the plans and
specification to the State to get approval. This normally takes approximately two months for this
review.
UPDATED BIDDING TIMELINE:
To ensure the plans and specifications accurately reflected the aforementioned changes, the bidding
timeline has been updated as follows:
November 28, 2023 City Council approves plans and specifications
November 29, 2023 Bid documents are released
January 11, 2024 Bid due date
January 23, 2024 Award contracts
February 13, 2024 City Council approves contracts and bonds
47
This latest schedule does not affect the construction timeline which is slated for April 2024 – November
2025.
ALTERNATIVES:
1. Approve proposed Plans and Specifications for the Fitch Family Indoor Aquatic Center Project and
set the bid due date for January 11, 2024, and January 23, 2024, as the date of hearing and award of
contracts.
2. Do not approve the plans and specifications at this time and request that modifications be made
prior to soliciting bids.
CITY MANAGER'S RECOMMENDED ACTION:
If the Construction Documents estimate holds true for a total project cost of $32,100,694, it appears that
there are sufficient funds to finance the base project along with Add Alternates 1, 2, and 3, and only
need to issue a total of $20,355,375 out of the $21,200,000 in G.O. Bonds authorized by the City
Council. This total is $844,625 less than the maximum amount of bonds that the Council has the
authority to issue.
With the demolition of the City's Municipal Pool to make way for the new Ames High School, there is a
need in the community for an indoor, recreational aquatic center. This project fulfills this need and will
provide the City of Ames, Story County, and central Iowa with a quality facility for many years.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1,
as described above.
ATTACHMENT(S):
Fitch Family Indoor Aquatic Center Attachment A.docx
Fitch Family Indoor Aquatic Center Attachment B.docx
Fitch Family Indoor Aquatic Center Attachment C.docx
48
Attachment A
Base Bid – 31,950 Gross Square Feet
Base Bid Plus Alternate – 38,900 Gross Square Feet
49
Attachment B
Renderings are shown from different angles of the base bid and the base bid with
alternate. Colors shown is what is specified in the plans.
Base Bid – Looking North
Base Bid Plus Alternate – Looking North
Base Bid – Looking Northwest
50
Base Bid Plus Alternate – Looking Northwest
Base Bid – Looking South
Base Bid Plus Alternate – Looking South
51
Base Bid – Looking Southwest
Base Bid Plus Alternate – Looking Southwest
52
Base Bid – Looking Northeast
Base Bid Plus Alternate – Looking Northeast
53
8951 Windsor Parkway
Johnston, IA 50131
515.473.6256 ·info@impact7g.com
www.impact7g.com
Sustainable Environmental Sol utions
November 7, 2023
Keith Abraham
Parks and Recreation Director
City of Ames
1500 Gateway Hills Park Drive
Ames, IA 50010
RE: Proposed Fitch Family Aquatic Center
Potential Concerns
Dear Keith,
Per your request, Impact7G is pleased to provide this supplemental information as a follow-up to
the contaminated media management plan. Every attempt has been made to address the
questions you have raised and to provide accurate cost estimates where applicable. Please note
that third-party estimates such as laboratory analysis, waste transportation, and disposal service
are subject to change between now and the actual completion of the construction project.
Thank you for the opportunity to provide this information and let me know what questions you
have by contacting our office at mdeutsch@impact7g.com or 515-802-7466.
Sincerely,
Matt Deutsch,CSP, CHMM
Senior Project Manager
Impact7G, Inc.
54
Sustainable Environmental Solutions ·Page 2
1. Potential Concern: Encountering contaminated soil
a. Likelihood of occurrence: Low.
b. Potential issues related: Encountering contaminated soil is unexpected unless
excavation occurs in the northeast corner of the property.
c. Potential Remedies/Recommendations: Avoid excavating in the areas of TMW-1,
TMW-4, TMW-10, and TMW-12 from 4’-15’ below ground surface (bgs). Field
screen potentially impacted soil with a photoionization detector (PID). Soil
measured below 10 ppm can be reused or transported off-site. Soil over 10 ppm
can legally stay onsite and be reused. However, the Iowa Department of Natural
Resources (IDNR) and Impact7G recommend it be stockpiled for further laboratory
analysis and then disposed of at the Boone County Landfill (refer to Contaminated-
Media Management Plan for additional details). The City of Ames has indicated it
will use its remediation funds to pay for any extra excavation, hauling, and disposal
costs of contaminated soil to Boone County Landfill.
d. Estimated costs for mitigation/remediation: Expedited laboratory analysis of soil for
waste characterization purposes (gaining approval at the Boone County Landfill)
is approximately $900.00 per sample plus applicable travel and on-site costs for
an Impact7G Environmental Specialist.
2. Potential concern: Harmful vapors entering the building through the foundation (vapor
barrier).
a. Likelihood of occurrence: Low to none.
b. Potential issues related: Vapors from contaminated soil or groundwater could
migrate into the building with the installation of the proposed engineered vapor
barrier (i.e. Stego wrap).
c. Potential Remedies/Recommendations: Install an engineered vapor barrier during
the construction process (i.e. Stego wrap). Appropriately seal the vapor barrier for
any utility penetrations through the foundation. Avoid routing any utilities through
the areas of known contamination. Perform quarterly indoor air quality monitoring
for the first year following completion of construction.
d. Estimated costs for mitigation/remediation: Indoor air samples are approximately
$200.00 per sample plus applicable travel and on-site costs for an Impact7G
Environmental Specialist.
3. Potential concern: Groundwater contamination found in excavation during construction.
a. Likelihood of occurrence: Medium-Low since the aquatic center building footprint
is downgradient from the areas of contamination.
b. Potential issues related: The dewatering approach depends on the amount of
groundwater encountered (nuisance vs. significant) and the levels of
contamination. A significant amount of groundwater with contaminants exceeding
effluent limits to the sanitary sewer would be the worst-case scenario.
Nuisance groundwater:Reduces operational efficiency and can make working
in/around the excavation area less pleasant.
Significant groundwater:Can cause unwanted subsidence, erosion, or flooding
without being adequately addressed.
c. Potential Remedies/Recommendations: Monitor groundwater levels before and
55
Sustainable Environmental Solutions ·Page 3
during construction activities. Sump pumps and/or vacuum trucks can be used for
the collection of a nuisance amount of groundwater. Deep wells and/or wellpoint
dewatering may be required for significant amounts of groundwater.
If an installed dewatering system is anticipated, obtain a permit from the City of
Ames to discharge to the sanitary sewer and perform a pilot test to collect sufficient
groundwater for characterization purposes (laboratory analysis as required by the
City of Ames). Provided all contaminant levels are below the permit effluent limits,
discharge to the sanitary sewer. Groundwater exceeding the permit effluent limits
may require pretreatment before discharge to the sanitary sewer.
d. Estimated costs for mitigation/remediation:
Nuisance dewatering can be performed for minimal
cost ($1.25 - $2.00 per gallon for transportation and
disposal) while a deep well or wellpoint system
installation will have a significant cost (~$50,000
depending on the size of the system and duration
of time it is in operation. Does not include any
treatment cost prior to discharge).
Deep well system:Consists of one or more
individual wells, each with a submersible pump
which pumps out groundwater.
Wellpoint system: Consists of a series of wellpoints
that connect to a common header pipe. The header
system connects to a vacuum pump that draws
groundwater up and discharges it.
Depending on the levels of groundwater
contamination encountered, it is possible for
discharge to the sanitary sewer with a permit from
the City of Ames (on-site treatment may be required
prior to discharge for elevated contamination
levels).
4. Potential concern: Contamination moving during construction.
a. Likelihood of occurrence: Low.
b. Potential issues related: Groundwater may migrate towards the building
excavation. An installed dewatering system may also induce the flow of
groundwater from the north toward the excavation area.
c. Potential Remedies/Recommendations: Monitor groundwater levels before and
during construction activities. If an installed dewatering system is anticipated,
obtain a permit from the City of Ames to discharge to the sanitary sewer and
perform a pilot test to collect sufficient groundwater for characterization purposes
(laboratory analysis as required by the City of Ames). Provided all contaminant
levels are below the permit effluent limits, discharge to the sanitary sewer.
Groundwater exceeding the permit effluent limits may require pretreatment before
discharge to the sanitary sewer. Continued sampling of the groundwater will be
needed to maintain compliance with the discharge permit.
d. Estimated costs for mitigation/remediation: Expedited laboratory analysis is
approximately $750.00 per sample.
Wellpoint (Griffin Dewatering)
Deep Well (Griffin Dewatering)
56
Sustainable Environmental Solutions ·Page 4
5. Potential concern: Benzene affecting PVC piping for drinking water, sanitary, stormwater,
etc.
a. Likelihood of occurrence: Low.
b. Potential issues related: High levels of petroleum contamination can degrade and
permeate drinking water lines made from PVC or other non-petroleum resistant
materials (e.g. polyethylene (PE), polybutylene (PB)). Those high levels of
contamination are not present at the site, even in the northeast corner. PVC piping
is not an issue for sanitary or stormwater piping. Rather the potential issue for
sanitary and stormwater piping is vapor migration along the utility envelope into
the building, which in this case will be mitigated by installation of the vapor barrier.
c. Potential Remedies/Recommendations: To err on the side of caution, avoid routing
any utilities through areas of contamination, and utilize Iowa DNR-recommended
materials for water piping and gaskets. (i.e. metal piping with petroleum-resistant
gaskets (nitrile), metal piping with joints (welded, cement, jute/oakum,
leaded/leadite), or copper piping with compression fit connections).
d. Estimated costs for mitigation/remediation: Impact7G will defer to the architect for
their expertise on this item.
57
ITEM #:17
DATE:11-28-23
DEPT:Police
SUBJECT:12-MONTH LIQUOR LICENSE APPLICATION - NEIGHBORHOOD LIQUOR
AND SMOKES, 3505 LINCOLN WAY, SUITE 105
COUNCIL ACTION FORM
BACKGROUND:
Neighborhood Liquor and Smokes, located at 3505 Lincoln Way, Suite 105, has applied for a 12-month
Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday
Sales Privilege. These state licenses and permits must receive approval by the local authority (City
Council), before they can be issued by the State.
PREVIOUS COUNCIL ACTION:
On November 8, 2022, the City Council denied an application from Neighborhood Liquor and Smokes
for a renewed 12-month license. The applicant subsequently appealed that decision to the Alcoholic
Beverages Division (ABD). It is important to note that until a denied applicant has exhausted its
appeals, it may continue to operate and sell alcoholic beverages under the privileges of its prior license.
At the time of the denial the Ames Police Department submitted the following information as the basis
for the recommendation that Council deny the application:
"The Police Department conducts compliance checks on establishments that hold liquor licenses in the
City of Ames. The compliance checks are completed by taking an underage person to liquor licenses
establishments who then attempts to purchase alcohol. A business passes the check if the employee asks
for identification and correctly refuses the purchase. An establishment fails the compliance check if the
employee sells to the underage person.
The Police Department conducted one such compliance check at Neighborhood Liquor and Smokes on
March 26, 2021. The employee of Neighborhood Liquor and Smokes sold alcohol to an underage
person during the check and was cited.
The Police Department conducted another compliance check on February 11, 2022, and an employee
sold alcohol to the underage minor. On May 15, the Iowa Alcoholic Beverages Division (ABD),
suspended the establishment’s license for 30 days for a second violation in less than two years and
fined the business $1,500 as prescribed in Iowa Code 123.50(3)(b).
The Police Department conducted a follow-up compliance check on October 20th, 2022, when an
employee again sold alcohol to a minor. This is the third violation within three years and Iowa Code
123.50(3)(c) prescribes a 60-day suspension and $1,500 fine. This suspension and fine will be imposed
on the establishment by ABD regardless of whether the City Council chooses to approve or deny the
requested renewal.
In addition to the three compliance check failures, the Police Department has received complaints from
citizens, mostly parents, complaining that the business has sold alcohol and tobacco/vaping products to
their underage children. While the Police Department has not been able to substantiate each
complaint, the complaints tend to corroborate the staff’s observations made during compliance checks.
58
In the event that the City Council denies the requested license renewal, the denial can be appealed, first
to the ABD, then to an Administrative Law Judge, then the Director of ABD, and then District Court.
Filing an appeal with ABD places a stay on the denial, and the establishment is allowed to continue to
operate until the appeal process is complete. If the appeal(s) are not successful, alcohol may not be sold
on the premises for one year, or until a new licensee applies for and is granted a new liquor license."
RECENT EVENTS:
Following the Council's denial of the renewal application, the applicant appealed the Council's decision
and an Administrative Law Judge (ALJ) held a hearing regarding the denial where testimony was heard
from the applicant and Geoff Huff, Ames Chief of Police. (See attached documents, Closing Argument
by Ames Assistant City Attorney, Jane Chang and the ALJ's Proposed Decision).
On November 9, 2023, the ALJ affirmed the denial. Specifically, the ALJ ruled, "I conclude based on
the evidence presented in this case, the Ames City Council acted appropriately and within the
range of its authority, finding that the applicant was not a person of good moral character when it
denied the 12-month liquor license renewal request from Neighborhood, and that decision should
be affirmed."
The decision of the ALJ may be appealed to the Director of ABD.
In addition, on September 29, 2023, Neighborhood Liquor Mart failed another compliance check.
The Police Department conducted 52+ compliance checks over that weekend and Neighborhood
Liquor Mart was one of seven (and one of two retail establishments) that sold to an 18-year-old
and/or a 19-year-old. On this date, the minor entered the store to make a purchase. Video from the
store shows the employee asked for an ID, briefly (less than one second) looked at the ID, and then
scanned the ID. A large red box pops up on the readout to indicate the person is not 21 or older;
however, the employee makes the sale anyway.
This is the fourth compliance check failure in three years (March 26, 2021, February 11, 2022,
October 20, 2022, and this newest failure on September 29, 2023). Iowa Code section 123.50(3)(d)
prescribes revocation as the penalty for a fourth compliance check violation within three years.
Revocation proceedings would not take place until after the most recent violation is adjudicated. The
September 2023 violation is scheduled for a bench trial on December 27, 2023. If the employee is found
guilty, ABD will take action on the revocation as prescribed by Iowa Code 123.50(3)(d).
Given the overwhelming evidence demonstrating a lack of care by the applicant, a ruling from the
ALJ that the applicant is "not a person of good moral character," and the continued pattern of
compliance check failures, the Chief of Police is recommending denial of the application.
ALTERNATIVES:
1. Deny the application for a 12-month liquor license.
2. Approve the application for a 12-month liquor license.
59
CITY MANAGER'S RECOMMENDED ACTION:
Compliance checks are conducted by the Ames Police Department and ABD to ensure liquor license
holders are complying with their obligation to ensure underage individuals are not being sold alcohol.
These compliance checks require the establishment to exercise a minimal level of due diligence in order
to pass. In order to comply, the establishment must simply ask the customer for identification, confirm
the age of the customer as being less than 21, and deny the sale.
The applicant, Neighborhood Liquor and Smokes, has failed four such compliance checks in less than
three years. Repeated fines and suspensions from ABD along with citations from the Ames Police
Department have not resulted in a change in practices. An Administrative Law Judge affirmed the
Council's previous denial, finding the applicant is not a person of good moral character. Staff does not
have confidence that the employees of this establishment will comply with the requirements for holding
an alcoholic beverage control license. Therefore, it is the recommendation of the the City Manager that
the City Council support the advice of the Chief of Police to deny the applicant’s request for a 12-month
license.
ATTACHMENT(S):
23ABD0009 - Dec.pdf
City of Ames Closing Argument (1).pdf
60
IN THE IOWA ADMINISTRATIVE HEARINGS DIVISION
CENTRAL PANEL BUREAU
)
In the Matter of: )
) Case No. 23ABD0009
NEIGHBORHOOD LIQUOR ) ABD Docket No: D-2022-00319
MART INC., d/b/a NEIGHBORHOOD )
LIQUOR MART )
3505 Lincoln Way, Suite 105 )
Ames, IA 50014 )
) PROPOSED DECISION
License No.: LE0003597 )
)
STATEMENT OF THE CASE
On September 20, 2023, this matter came before the undersigned for a telephone
hearing. Humza Firoz (“Firoz”), an owner of Neighborhood Liquor Mart, Inc. d/b/a
Neighborhood Liquor Mart (“Neighborhood”), appeared with his attorney, Alfredo
Parrish, and provided testimony. The City of Ames was represented by attorney Jane
Chang. The city called Renee Hall (“Hall”), City Clerk and Jeff Huff, Chief of Police,
Ames Police Department (“Chief Huff”), to testify. Neighborhood submitted exhibits A
– J which were admitted into the record over the City’s objection. The City submitted
exhibits A – G, which were admitted without objection.
Following the hearing, the record was held open until October 4, 2023 for the
submission of specific additional exhibits. On October 4, 2023, the City of Ames
submitted Exhibit H. As stated in the October 19, 2023 Order Excluding
Neighborhood’s Additional Exhibits, the only portion of Exhibit H considered by the
undersigned in this proposed decision is the portion of City’s Exhibit H from November
9, 2021 through November 8, 2022. This is consistent with the September 21, 2023
Order Holding the Record Open.
The parties were initially given until October 13, 2023, to file post-hearing briefs.
The brief deadline was extended at the request of Appellant to October 18, 2023. Both
parties filed post-hearing briefs and the matter was considered fully submitted on
October 18, 2023.
ISSUE
Whether Neighborhood’s liquor license was properly denied by the City of Ames.
FINDINGS OF FACT
On November 8, 2022, the Ames City Council considered Neighborhood’s
“renewal of its Class E Liquor License with Class B Wine Permit, Class C Beer Permit
ELECTRONICALLY FILED 2023 NOV 09 7:29 AM ADMIN HEARING E-FILING SYSTEM
61
Case No. 23ABD0009
Page 2
(Carryout Beer) and Sunday Sales Privilege,” which “must receive approval by the local
authority (City Council), before they can be issued by the state.” (City Ex. A, p. 1). On
that date, Chief Huff of the Ames Police Department provided information to the City
Council. Chief Huff testified at the hearing, that while the Council listens to and
considers his report and recommendations, the Council does not always follow his
recommendation. (Chief Huff Testimony).
Chief Huff told the Council how law enforcement conducts compliance checks on
liquor establishments. He described these checks as routine, and involving Law
enforcement’s use of an underage person entering an establishment at the direction of
Ames Police Department. The underage person then attempts to buy alcohol. If the
underage person is asked by store employees for their i.d., the person presents their
actual i.d., showing their true date of birth. (City Ex. C, video #2 @ 0:40).
Chief Huff advised the Council of failed compliance checks at Neighborhood on
March 26, 2021, and February 11, 2022. He further stated that after the second
incident, the State of Iowa Alcoholic Beverages Division (“ABD”) suspended the license
of Neighborhood for a period of thirty (30) days and assessed a statutory penalty of
$1,500.00. (City Ex. G)(City Ex. C, video #2 @ 1:37).
As a result of the March 26, 2021 failed compliance check, Neighborhood
employee, M. Baker (“Baker”), was cited for violating Iowa Code § 123.49(2)(h), Selling
Alcohol to Under Legal Age Person. (Ex. D, p. 1). Baker pled guilty as charged in case
no. STA0143311. (Ex. D, p. 3).
As a result of the February 11, 2022 failed compliance check, Neighborhood
employee, A. Oluwatoyin, was cited for violating Iowa Code § 123.49(2)(h), Selling
Alcohol to Under Legal Age Person. (Ex. E, p. 1). Oluwatoyin pled guilty as charged in
case no. STA0149679 . (Ex. E, p. 3). It is noted by the undersigned, that despite being
cited for selling alcohol to an underage person on February 11, 2022, this same
employee then sold tobacco to a minor less than two weeks later on February 24, 2022.
(Ex. H, pp. 16-23). This was not a compliance check being conducted by law
enforcement. Rather, police made contact with the purchaser and inquired about the
purchase of tobacco. At that time, the minor said she did not have an I.D. and the
employee only asked “are you working for the cops.” (Ex. H, p. 23). This tobacco
violation was not included in Chief Huff’s address to the City Council.
Chief Huff told the City Council that the Ames Police Department conducted
another alcohol compliance check on October 20, 2022, and again Neighborhood failed
the check when an employee sold alcohol to an underage person. As a result of this
incident, Neighborhood employee, J. Poe (“Poe”), was cited for violating Iowa Code §
123.49(2)(h), Selling Alcohol to Under Legal Age Person. (Ex. F, p. 1). On or about
December 6, 2022, about one month after the Council meeting, Poe pled guilty to an
amended charge of “Knowingly permit or engage in any criminal activity on the
premises covered by the license,” in violation of Iowa Code § 123.49(2)(j), in case no.
STA0155408. (Ex. F, p. 3). Chief Huff advised the Council on November 8, 2022, that
ABD had not yet assessed the statutory 60-day suspension for a third violation of Iowa
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Case No. 23ABD0009
Page 3
Code § 123.49(2)(h), but that “we are waiting on that.” (City Ex. C, video #2 @ 1:55). He
indicated this would occur after the citation went through the “court process.” (Id.). It
is unclear from the evidence presented whether this 60-day suspension was imposed by
ABD or if it was avoided due to the plea to the amended code section.
Firoz testified at the administrative evidentiary hearing that Poe the violator on
October 20, 2022, was a retired person in his 60’s, with a phone that was not working
properly when the incident occurred. Firoz stated that Poe’s non-working phone is what
caused him to be unable to use the ABD App to scan the I.D. in question. Also, Poe had
only been working a few days at that time and was apparently still becoming familiar
with the procedures. The day after this incident occurred, Firoz purchased an I.D.
scanner to be used at the store so that employees did not need to rely on using their
phones or the ABD App. (Neighborhood Ex. C). The evidence presented in this case did
not show that Poe would have been unable to simply look at the underage person’s I.D.
and see that the individual was underage, regardless of whether or not his phone and
the ABD App were working. As Chief Huff stated at the Council meeting, the underage
people used in the compliance checks use their own, accurate, I.D.’s and do not present
fake I.D.’s.
Chief Huff also advised the Council that the Ames Police Department received “a
number of complaints, especially from parents, complaining that their underage
children have been purchasing alcohol, tobacco and vaping products from this
business.” (City Ex. C, video #2 @ 2:27). He did not state the number of complaints
received, and advised that law enforcement was not able to substantiate each and every
complaint. (Id.).
Chief Huff outlined for the Council their options and recommended a denial of
the twelve (12) month renewal based upon the history of 3 failed compliance checks, and
the number of citizen complaints received. (City Ex. C, video #2 @ 4:10).
Chief Huff was asked by Council members about whether Neighborhood has
communicated to Law Enforcement any remedial measures they have taken to address
the ongoing problem. He responded that none were communicated directly to him.
(City Ex. C, video #2 @ 4:44). However, he advised that it was his understanding
Neighborhood has obtained an electronic machine that can read driver’s licenses which
would be a “pretty simple fix” but he wasn’t sure if they were using it or not.
Chief Huff was asked by Council members about the difference between this case
and prior cases that came before the Council in which the Council granted a 6-month
renewal rather than simply not renewing the 12-month liquor license. (City Ex. C, video
#2 @ 6:45). Chief Huff stated the difference in this case, was that he could not recall a
time where there were 3 failed compliance checks within a few years, and so many
complaints from concerned parents about their underage children being able to buy
alcohol, tobacco and vaping products. Chief Huff did not tell the Council about the May
21, 2022 compliance check that Neighborhood passed. (Ex. H, p. 24). Chief Huff also
did not report to Council the additional training provided to Neighborhood employees
and the recent placement of signs and video surveillance in the store.
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Case No. 23ABD0009
Page 4
Following the comments at the Council meeting, the board was addressed by
members of the public. (City Ex. C, video #2 @ 8:00 am). A current employee of
Neighborhood spoke to the Council. This employee told the Council about the increased
efforts of the store to stop underage sales, including I-PACT training through the ABD.
(Neighborhood Ex. A, B, & E). She also described signs placed in the store to alert
customers to have their I.D.’s ready to display at the time of purchase. (Neighborhood
Ex. I & J). The employee further alerted the Council to the implementation of an I.D.
scanner, so employees could scan an ID to assist with spotting underage individuals
trying to by alcohol. (Neighborhood Ex. C). I find the Council was reasonably advised
of the stores mitigation efforts and had the opportunity to consider those factors prior to
its decision.
Also speaking to the Council was a concerned parent, who described her personal
experience with her underage son reporting to her that he purchased alcohol, tobacco
and vape products from Neighborhood without ever being asked for an I.D. The child
apparently told the parent that it was well known that underage individuals could
purchase alcohol at Neighborhood. The parent did not indicate personally witnessing
any underage sales of alcohol at Neighborhood.
In addition, Firoz, who is a 25-year-old man of Pakistani decent, who graduated
from Iowa State University with a degree in genetics, and is an owner of Neighborhood,
and works full-time in the store, spoke to the Council. He told the Council he was
initially unaware of the problem because he did not see it occurring while he was present
in the store. Firoz testified at this administrative evidentiary hearing that he worked
about 60 to 80 hours per week at the store. (Firoz Testimony). Firoz told the Council
about the remedial measures implemented in the store in an effort to eliminate
underage sales of alcohol and other products. Firoz indicated that at least one sale to an
underage person was done by an employee who had been terminated, but was allowed
to work his last shift. Firoz believed this sale may have been done intentionally to get
back at Firoz for the termination, but he presented no evidence on this point, only his
suspicion. This belief ignores the obvious criminal charge and penalty levied against the
former clerk for selling alcohol to minors, a point the employee would have been well
aware of if the employee had completed I-PACT training. (Neighborhood Ex. B). It
seems unlikely to the undersigned that a person would suffer a criminal conviction and
subject themselves to a substantial fine as part of a plan to get back at Firoz.
At the conclusion of public comments, a vote was taken and the Ames City
Council voted unanimously to adopt alternative one (1) presented by Chief Huff, which
was to “Deny the Application for a 12-month liquor license renewal.” (City’s Ex. A, p. 2).
Neighborhood appealed.
After the administrative hearing in this matter, the City of Ames submitted
exhibit H. The undersigned considers only those events between November 9, 2021
through November 8, 2022, consistent with the prior order of this tribunal. The City’s
Exhibit H shows that citizen complaints about sale of alcohol and/or tobacco to minors
occurred on January 5, 2022, February 1, 2022, July 20, 2022, September 12, 2022, and
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Case No. 23ABD0009
Page 5
September 16, 2022. (City Ex. H, p. 1). It is also noted that law enforcement had
contact with Firoz on January 31, 2022 regarding police cars parking near his
establishment and Firoz’s request they not park near the store because it scares away
customers. Firoz also talked to law enforcement at that time about difficulty spotting
fake I.D.’s and wanting I.D. training. (Ex. H, p. 6). It is noted that none of the failed
compliance checks were due to anyone using a fake I.D. Chief Huff testified at the
hearing that when Ames Police Department receives complaints about underage sales of
alcohol, they would, as a matter of routine, approach people that looked underage
leaving the establishment from time to time, to see if they purchased alcohol and if they
were in fact underage. This type of law enforcement activity was occurring near the
Neighborhood store in the year prior to the City Council meeting on November 8, 2023.
(Ex. H, pp. 19-23). No evidence was presented that this activity by law enforcement
resulted in any additional citations for selling alcohol to minors. City’s Exhibit H, also
shows that law enforcement had contact with Neighborhood on May 28, 2022, about
their failure to post the notice of the 30-day suspension of their liquor license on their
main door/window, although the notice had been posted on one of their coolers in the
store. (Ex. H, p. 26).
Firoz testified at the administrative evidentiary hearing that the Neighborhood
store provides income for himself, his mother and part-owner, Farhat Firoz, and
provides money for his siblings’ tuition to attend college. Losing the liquor license
would negatively impact the store’s revenue and consequently his family’s income.
Neighborhood does not dispute the underlying criminal charges and convictions
regarding selling alcohol to minors. (Neighborhood’s Post-Hearing Brief, p. 2).
Neighborhood alleges disparate treatment of Firoz and Neighborhood. The
undersigned finds no specific facts presented that support this assertion. Neighborhood
does not dispute the prior violations, and the only evidence concerning the additional
policing efforts were that they were routine and conducted by law enforcement in
response to citizen complaints, which definitely occurred in this case. (City’s Ex. H,
Table of Contents, et al.). Chief Huff advised the City Council that he could not recall an
establishment with 3 failed compliance checks and the citizen complaints in such a
relatively short period of time and that these factors distinguished this case from other
cases in which a 6-month renewal was granted. The Appellant argued that other
establishments in Ames have had substantially more violations (21 violations) but were
allowed a six-month renewal in lieu of denial of their 12-month liquor license renewal.
The City of Ames counters that the particular businesses identified by Neighborhood
were both bars, not retail establishments, and both were denied a 12-month liquor
license. Also, although there were 21 violations, 20 of those violations were issued to
patrons for “minor on the premises” a municipal infraction against the patron, not a
violation by an employee of the business and not violations of the Iowa Code.
Neighborhood did not cite to any similarly situated establishment with similar admitted
violations and citizen complaints. I find the facts presented in this case, do not support
a conclusion of disparate treatment.
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Case No. 23ABD0009
Page 6
CONCLUSIONS OF LAW
The local authority, in this case, the City of Ames, “shall either approve or
disapprove the issuance of a retail alcohol license . . .” Iowa Code § 123.32(2).
Iowa Code section 123.49(2)(h) provides, in relevant part:
2. A person or club holding a liquor control license or retail wine or
beer permit under this chapter, and the person's or club's agents or
employees, shall not do any of the following:
. . .
h. Sell, give, or otherwise supply any alcoholic beverage, wine or beer
to any person, knowing or failing to exercise reasonable care to ascertain
whether the person is under legal age, or permit any person, knowing or
failing to exercise reasonable care to ascertain whether the person is under
legal age, to consume any alcoholic beverage, wine, or beer.
The Iowa Code defines legal age as twenty-one years of age or more.1
In this case, Neighborhood does not dispute the underlying violations of Iowa
Code § 123.49(2)(h), regarding selling alcohol to underage individuals. Neither is there
any dispute from Neighborhood concerning the reality of the citizen complaints received
by the Ames Police Department related to concerns of the sale of alcohol to underage
persons.
Neighborhood’s position in this case, is essentially that the remedial steps taken
by the store should counter balance the violations and citizen complaints such that
Neighborhood should be afforded an opportunity to continue with a renewed liquor
license with the hope that the additional training, I.D. scanner, signage in the store, and
improved security equipment will be sufficient to eliminate or satisfactorily ameliorate
the repeated instances of Neighborhood employees selling alcohol to underage
individuals. Neighborhood cites to no legal authority to support this proposition.
It is clear in this case that there have been repeated instances of Neighborhood
employees selling alcohol to underage individuals. It is also clear from the exhibits and
Chief Huff’s testimony that there have been a significant number of citizen complaints
regarding the same conduct of selling alcohol along with tobacco to underage persons.
Iowa law provides that a liquor license may only be issued to a person of “good
moral character.” Iowa Code § 123.3(40). This requires the person to have a “good
reputation” and be in compliance with “this chapter and all laws, ordinances and
regulations applicable to the person’s operations under this chapter.” Iowa Code §
123.3(40)(a).
1 Iowa Code § 123.3(24).
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Case No. 23ABD0009
Page 7
In this case, Neighborhood has not maintained compliance with chapter 123 of
the Iowa Code and as shown by the multiple violations of selling alcohol to underage
individuals, as confirmed in the exhibits and undisputed by Neighborhood. Also, these
violations and the complaints and statements of a concerned citizen and Chief Huff at
the City Council meeting on November 8, 2022, leads to the conclusion that
Neighborhood does not have a “good reputation” in the community, but in fact has a
poor reputation.
The remaining argument of Neighborhood is that there was disparate treatment
of Firoz and Neighborhood compared to other establishments. However, as found
above there is insufficient evidence in the record to reach this conclusion. This
allegation is based on argument of counsel and while the briefs discuss other
establishments and their history, there was no substantive evidence presented by either
party on these matters. However, considering the arguments of counsel and the
suggested facts relate thereto, the undersigned found above, that there was a lack of
sufficient evidence to support a conclusion of disparate treatment.
I conclude based on the evidence presented in this case, the Ames City Council
acted appropriately and within the range of its authority, finding that the applicant was
not a person of good moral character when it denied the 12-month liquor license
renewal request from Neighborhood, and that decision should be affirmed.
ORDER
IT IS THEREFORE ORDERED, the denial by the Ames City Council of the 12-
month liquor license renewal application from Neighborhood, is hereby AFFIRMED.
Dated this 9th November, 2023.
Toby J. Gordon
Administrative Law Judge
cc: Neighborhood Liquor Mart Incorporated, c/o Humza Firoz, 1410 Panoramic Ct., Ames, IA
50010; f25humzanaeem@gmail.com (by Email and regular mail)
Alfredo Parrish, Attorney for Licensee, 2910 Grand Avenue, Des Moines, IA 50312 (by
AEDMS)
Jane Chang, Assistant City Attorney, 515 Clark Avenue, PO Box 811, Ames, IA 50010;
jane.chang@cityofames.org (by AEDMS)
Alana Stamas, IDR (by AEDMS)
ABD Staff: Stephen Larson, Stephanie Strauss, Tyler Ackerson, Scherael Thurston-Shell,
Madelyn Cutler (By AEDMS)
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Case No. 23ABD0009
Page 8
NOTICE
Pursuant to the administrative rules of the division, any adversely affected party may
appeal a proposed decision to the Administrator of the Alcoholic Beverages Division
within thirty days after issuance of the proposed decision. In addition, the
Administrator may initiate review of a proposed decision on the Administrator's own
motion at any time within thirty days following the issuance of a proposed decision. A
notice of appeal shall be sent to the Administrator of the Alcoholic Beverages Division,
1918 S.E. Hulsizer, Ankeny, IA 50021. The notice of appeal must be signed by the
appealing party or a representative and contain a certificate of service. In addition, the
notice must comply with the requirements set forth in 185 Iowa Administrative Code
10.27(3).2
2 185 IAC 10.27(1), (2), (3).
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Case Title:IN RE THE MATTER OF NEIGHBORHOOD LIQUOR MART
INCORPORATED D/B/A NEIGHBORHOOD LIQUOR MART
Case Number:23ABD0009
Type:Proposed Decision
IT IS SO ORDERED.
Toby Gordon, Administrative Law Judge
Electronically signed on 2023-11-09 page 9 of 9
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1
IOWA DEPARTMENT OF INSPECTIONS AND APPEALS
ADMINISTRATIVE HEARING DIVISION
In the Matter of:
Neighborhood Liquor Mart Incorporated
d/b/a Neighborhood Liquor Mart
3505 Lincoln Way, Suite 105
Ames, Iowa 50014,
License #: LE0003597
Case No. 23ABD009
ABD Docket No: D-2022-00319
CITY’S WRITTEN
CLOSING ARGUMENT
Denial for Good Cause
Ames City Council had good cause to deny renewal of Neighborhood Liquor Mart’s Class
E Liquor License with Class B Wine Permit, Class C Beer Permit, and Sunday Sales Privilege
after conducting a full public hearing on November 8, 2022. Iowa Code section 123.30(1)(a) states
that “[a] liquor control license may be issued to any person who is of good moral character as
defined by this chapter.” The information provided to the Ames City Council on November 8th
showed that Neighborhood Liquor Mart was not a business of “such . . . good reputation as will
satisfy the director that the [business] will comply with [Iowa Code Chapter 123] and all laws,
ordinances, and regulations applicable to the [business’] operations under this chapter.” Iowa
Code section 123.3(40)(a).
The council’s denial of Neighborhood Liquor Mart’s liquor license was based on Chief
Geoff Huff’s unbiased report to council, the chief’s statements to council at the hearing, as well
as in-person testimony from an employee of the store, a concerned parent whose minor child was
able to purchase contraband from the store repeatedly, and Humza Firoz, himself. City’s Exhibits
A, B, and C. Chief Huff informed council about a series of failed compliance checks during the
prior two years and the complaints the police department received from concerned parents about
their minor children being able to purchase alcohol and tobacco products from Neighborhood
Liquor. Brietta Voss spoke to council about the purchases her 17-year-old son was able to made
at the liquor store. City’s Exhibit C, YouTube time stamp 11:05 to 14:48. She provided details
ELECTRONICALLY FILED 2023 OCT 18 4:45 PM ADMIN HEARING E-FILING SYSTEM
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about the manner in which her son was able to purchase large amounts contraband from the store
as well as the efforts her husband undertook to stop the store from selling to their son. She let
council know that her son was able to make purchases the week after the store’s suspension was
lifted in June 2022. Ms. Voss also told council that it is also known to teenagers at other school
districts like Ballard and Gilbert that they could purchase items from the store without using fake
IDs.
Ames City Council had good cause to deny the renewal of Neighborhood Liquor Mart’s
liquor license after considering the three failed compliance checks in two years and the
statements from Ms. Voss regarding the sale of contraband to minors. The council had more than
sufficient reason to believe that Neighborhood Liquor Mart would not comply with Iowa Code
Chapter 123 or other laws, ordinances or regulations that applied to the business.
Oluwaoyin Adeleke
At the public hearing and during the telephonic hearing in this matter, Mr. Firoz said that
he had fired the employee who caused his business to fail an alcohol compliance check on
February 11, 2022. City’s Exhibit C, YouTube time stamp 17:15 to 18:00. Mr. Firoz told the council
that the sale might have been an intentional act to get back at him for the termination. However,
Ames Police Department records show that the employee, Oluwaoyin Adeleke, who failed the
compliance check on February 11th was still employed by the business on February 24, 2022,
when he was cited for selling tobacco to a person under the legal age. City’s Exhibit H, pages 16-
23. On both occasions, Mr. Adeleke did not check the purchaser’s ID. City’s Exhibit H, pages 13,
21, and 23. He did not request to see identification at all on February 11th and allowed a person
under the legal age to purchase tobacco on February 24th after being told by the person that she
did not have her ID and that she was not working for the police. Id.
No Harassment or Bias
Mr. Firoz has alleged harassment by an Ames Police Department (Ames PD) officer and
bias against his business. Similar accusations are also present in Mr. Firoz’ statement submitted
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3
as Respondent’s Exhibit H. The city could not find any written complaints to the Ames PD
regarding such harassment of the business by Ames police officers. What could be discovered is
a series of interactions that are consistent with the community-based policing that the department
strives to conduct. Ames Police Department records from January 1, 2022, through September
21, 2023, show that officers from the police department had interactions with either Mr. Firoz or
one of his employees on at least six different occasions. All of the interactions were within
department guidelines and do not constitute harassment of the business.
1. On January 31, 2022, Mr. Firoz approached Officer Dilok Phanchantraurai at a
McDonald’s parking lot and asked the officer why there had been more police cards near
his store. City’s Exhibit H, page 6.Officer Phanchantraurai replied that increased police
presence was due to the department receiving concerns/reports that the business was
selling to underage individuals. Mr. Firoz requested that officers not park patrol cars in the
area. Officer Phanchantraurai explained to Mr. Firoz that the business needed to work on
fixing the root cause of the issue (selling to minors) and eliminate the negative reputation
the business had.
2. On February 11, 2022, the Ames Police Department conducted compliance check at the
liquor store. City’s Exhibit H, page 13. Store employee Oluwatoyin Adeleke was cited for
the sale of alcohol to a person under the legal age. Officer Phanchantraurai’s report
indicates that the co-owner he spoke with on January 31st was also at the store when the
citation was issued and that the ABD agent spoke with him about the issue.
3. On May 21, 2022, the Ames Police Department conducted compliance check at the liquor
store. City’s Exhibit H, page 24. No sale occurred. This check was conducted during the
store’s 30-day suspension period. City’s Exhibit G, page 2.
4. On May 28, 2022, Officer Dilok Phanchantraurai talked to the store about posting the
suspension notice on their front door. City’s Exhibit H, page 26. Posting the suspension
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notice in a conspicuous place on the front door is required by Iowa Admin. Code r. 185-
4.15(123).
5. On October 20, 2022, the Ames Police Department conducted compliance check at the
liquor store. City’s Exhibit H, page 38. Store employee James Poe was cited for the sale
of alcohol to a person under the legal age. Officer Phanchantraurai’s report indicates that
he and the ABD agent spoke with the store owner about the issue afterward.
6. On November 20, 2022, Officer Geil observed a young male who appeared to be under
the legal age quickly put cases of beer in his vehicle after noticing the officer. City’s Exhibit
H, pages 41 and 44. When Officer Geil confronted the young male about his age, the male
admitted that he was just 20 years old and had purchased the alcohol using a fake ID.
Officer Geil entered the store with the young male to return the beer. While in the store,
Officer Geil spoke to the clerk about the fake ID. Officer Geil notes in his report that the
clerk and another lade were upset with him. Officer Geil issued a citation to the young
male for possession under the legal age but later destroyed the citation as it was written
on the wrong from. The video from these interactions was not retained by the APD records
system as the citation was not filed. A complaint was made by Kerry Orr, the Neighborhood
Liquor Mart employee who spoke to council on November 8, 2022, to the Ames PD. City’s
Exhibit H, page 48. Lieutenant Heath Ropp reviewed Officer Geil’s body camera footage
and spoke with both Kerry Orr and Officer Geil regarding their interaction on November
20th. As stated in the Lt. Ropp’s email to command staff on November 30, 2022, no
department policies were violated during the interaction.
The interaction between Officer Geil and Ms. Orr did not occur until November 20, 2022.
If Chief Huff was informed of Ms. Orr’s complaint against Officer Geil during Lt. Ropp’s informal
investigation, it would have been weeks after Chief Huff submitted his written council action form
and appeared at the November 8th council meeting. Chief Huff’s council action form and his
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statements to council on November 8th were based on fact and lacked any bias towards
Neighborhood Liquor Mart.
No Disparate Treatment
The Respondent also alleged that there was disparate treatment between its business
and a similar establishment, Sips & Paddy’s Irish Pub. Other than being liquor license holders
and both being denied 12-month liquor licenses by the Ames City Council, the two businesses
are not similar. Sips & Paddy’s Irish Pub are both bars in the Campustown area of Ames; the
businesses are located in the same building and are covered under the same liquor license. Sips
& Paddy’s Irish Pub are not liquor stores. Unlike a bar where clientele walk around and order
multiple drinks over several hours, Neighborhood Liquor Mart is a liquor store where customers
generally pick out merchandise then pay the cashier. Twenty of the twenty-one violations used to
deny the 12-month Class C Liquor License renewal were minor-on-premise violations – municipal
infractions issued to patrons, not employees of the business, and not violations of the Iowa Code.
Further, there was no failed compliance checks at either Sips or Paddy’s Irish Pub during the 12-
months prior to their application for renewal.
Fourth Failed Compliance Check
Despite the Respondent’s changes to the operation of his business and his increased
presence at the store, the liquor store failed yet another compliance check on September 29,
2023. City’s Exhibit H, page 57. The store’s fourth failed compliance check in three years. Ames
PD’s confidential informant used their real, state-issued driver’s license to make the purchase.
The clerk scanned the license using the scanner that Respondent purchased last October,
reportedly saw a green light, and proceeded with sale. It does not appear that the employee
looked at the driver’s license to determine whether the individual was of age or not. After the
employee alleged that a fake ID must have been used by the confidential informant, the officer
retrieved the ID that was used to complete the sale. When it was scanned for a second time in
front of both the employee and Mr. Firoz, the scanner turned red. Mr. Firoz then reviewed the
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surveillance video from the sale and reported to Officer Escobar that the employee should not
have completed the sale.
Conclusion
For the foregoing reasons, the City asks that the Ames City Council’s decision to deny the
renewal of Neighborhood Liquor Mart’s Class E Liquor License with Class B Wine Permit, Class
C Beer Permit, and Sunday Sales Privilege be affirmed.
Respectfully Submitted,
/s/ Jane Chang
Jane Chang
Assistant City Attorney
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
Phone: 515-239-5146 • Fax: 515-239-5142
jane.chang@cityofames.org
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ITEM #:18
DATE:11-28-23
DEPT:ADMIN
SUBJECT:AMES MAIN STREET PROPOSED SCOPE OF SERVICES FOR A
DOWNTOWN AMES MASTER PLAN WITH A REQUEST FOR 50% CITY
FUNDING MATCH
COUNCIL ACTION FORM
BACKGROUND:
At the City Council meeting on July 11, 2023, the Council referred to a future agenda a letter from
Ames Main Street outlining the organization's proposed effort to pursue a visioning process to develop
its long-term program of work (attached). The letter indicated that Ames Main Street desired to retain a
design firm to lead this project, which Ames Main Street now refers to as a "Downtown Ames Master
Plan."
Ames Main Street proposed that the City participate in the consultant selection process and that the City
provide funding for up to 50% of the cost of the consulting contract. Two firms were identified by
Ames Main Street to provide presentations regarding their proposed approaches to the project. The
presentations were attended by the Assistant City Manager and the Planning and Housing Director, who
then provided feedback to Ames Main Street leadership.
AMES MAIN STREET'S PROPOSED SCOPE OF SERVICES:
City staff discussed the anticipated scope of services with Ames Main Street leadership, and provided
suggestions based on the City's experience with other area-specific consultant studies and plans. The
scope of services has been refined by Ames Main Street and is attached to this report. The scope
identifies three main areas of focus:
1. Enhance the gathering spaces in the Downtown District
2. Create a stronger sense of Downtown ambiance, and
3. Encourage Downtown residential and commercial development opportunities.
There are a number of specific opportunities to be explored within these focus areas, which are listed in
the scope of services. The consultant is asked to evaluate the feasibility of these opportunities (where
appropriate), and ultimately to develop a cohesive plan that can guide future infrastructure
improvements and development initiatives. The specific opportunities listed are:
1. Main Street Streetscape
2. Burnett Avenue Pedestrian Way/Connection to the new Schainker Plaza
3. Redesign/renovation of Tom Evans Plaza
4. Enhancements to Cynthia Duff Plaza
5. Douglas Avenue Pedestrian Mall and Event Space
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6. An "Art Walk" along the mid-block alley north of Main Street
7. Enhanced gateway entry points
8. Reimagining the potential uses for the CBD Lots south of Main Street
9. Pathways to, from, and between Downtown destinations
The scope of services identifies a Self-Supporting Municipal Improvement District (SSMID) as a
potential mechanism to finance improvements. However, a SSMID relies on a petition process that is
not guaranteed to be approved. The consultant is asked to identify other potential funding opportunities
for the project components that are evaluated.
The plan development process includes a review of existing related plans and policies (Lincoln Way
Corridor Plan, Downtown Ames Plaza Master Plan, Ames Plan 2040, and Downtown Ames Downtown
Facade Design Guidelines, Draft Bike, Walk, and Roll Plan, 2019 Walker Parking Study), a kickoff
meeting with the steering committee, and stakeholder meetings to understand the landscape. From these
meetings, concepts will be developed and refined for presentation to the public for comment. Public
engagement would include online surveys, an open house, and a community event. The public and
stakeholder input would then be used to prepare a draft plan for presentation to Ames Main Street
Board. City representative will be part of the stakeholder group and there will be a City staff technical
advisory committee.
TIMELINE:
With City Council's support, Ames Main Street expects to select a consultant this winter. The selected
consultant will begin the project in the spring of 2024 and the project will be concluded by December
2024.
CITY INVOLVEMENT AND FUNDING:
It is important to note that the consultant selection and the development of this plan are being
directed by Ames Main Street rather than the City. Therefore, the City Council is not being
asked to modify or formally approve the scope of services. Instead, the question for the City
Council is whether the City wishes to pay Ames Main Street to undertake such a process.
The completion of a plan such as the one described could provide a coherent direction for future
planning efforts, which City staff believes would provide value for the Downtown. However, since the
preparation of the plan would be under Ames Main Street's direction, the City Council would have to
decide whether it agrees with any of the conclusions identified in the plan once it is approved by Ames
Main Street. The Council could choose at a future date to adopt the plan just like any other area-specific
planning tool.
Staff should caution that the completed plan is likely to result in proposed improvements with
significant capital costs. Although the scope of services suggests that SSMID and other financing
mechanisms will be explored as a way to pay for these improvements, it is possible that implementation
relies on considerable City funding. In future years, the Council would have to weigh such
improvements with other demands on the City's budget and Capital Improvements Plan, and prioritize
how to proceed. Although it is not a City project, it is important the concepts and plan produced by the
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consultant are not just the property of Ames Main Street but also that the City has the right to use the
concept images and drawings as well and this will be part of an agreement.
Ames Main Street's letter from earlier this year requests that the City pay for up to 50% of the cost of
the study. It is estimated that the scope of services for this project should cost no more than $50,000 to
complete. Therefore, staff would suggest that any City financing be in the form of a reimbursement to
Ames Main Street for a completed plan, in an amount not-to-exceed the lesser of $25,000 or 50% of the
completed cost of the plan. Funds are available from the City Council Contingency account, the Hotel-
Motel Fund available balance (which is used for economic development projects), or from the FY
2023/24 adjusted City Budget using General Fund Savings.
ALTERNATIVES:
1. Allocate $25,000 from the City Council Contingency account for a Downtown Master Plan, and
approve an agreement with Ames Main Street to reimburse 50% of the actual cost to produce a
Downtown Master Plan, up to an amount not-to-exceed $25,000.
2. Do not approve funding for a Downtown Master Plan to be produced by Ames Main Street.
3. Refer this item to City staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
A Downtown Master Plan would provide needed direction regarding the improvements that Downtown
Ames stakeholders wish to see in this vital core area of the community. Ames Main Street has offered
to take on the work of preparing the scope of services, selecting a consultant and managing the
consulting contract. Once complete, the City Council may decide whether it wishes to approve or pursue
any of the improvements that are envisioned in the plan.
Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as
outlined above.
ATTACHMENT(S):
Stagg-Davis - AMS Enhancing Downtown letter .pdf
Ames Main Street - Downtown Master Plan.doc
Ames Main Street Draft Scope of Service_update 11-22-23.docx
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304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org
June 30, 2023
Mayor John Haila & Members of the Ames City Council
City of Ames
515 Clark Ave
Ames, Iowa 50010
Dear Mayor Haila & Members of the Ames City Council:
In 2021, Mayor Haila challenged the Ames Main Street Board to “think bigger” and begin implementing a
process for enhancing Ames Downtown, the Heart of the Community. In 2022, the board convened several
focus groups and from the input provided, began to prioritize future improvements. The board also began
the planning process for establishing a taxing mechanism in which to assist in funding the Ames Main Street
program and future capital improvements. The Next Big Thing for Downtown Ames was formulated with
three identified priorities: enhance the gathering spaces in the district; create a stronger sense of Downtown
ambiance; and improve Downtown residential opportunities.
Ames Main Street is pursuing the next step in our long-term program of work. We would like to partner with
the City of Ames in selecting a design firm to pursue a visioning process. This firm, which we would select in
cooperation with the City of Ames, will lead and produce a multi-year vision and plan for Downtown Ames.
We will work with the Mayor and City staff to select the firm that will best meet the goals and needs of
Downtown and the City of Ames.
To make this a successful effort, collaboration is important between Ames Main Street, City of Ames, Ames
Chamber of Commerce, Ames Economic Development Commission, and other community partners. While we
do not know the cost of design services at this point, we would respectfully request that the City of Ames
participate in the process and provide up to 50% of the proposed cost. Ames Main Street will raise the other
50%.
Ames Main Street respectfully requests that this item be placed on a future city council agenda for
consideration. Please let us know if you have questions regarding this request and if we might provide
additional information.
We believe this is the right next step in our long-term and attainable strategy for downtown Ames. We look
forward to presenting to you on a future agenda of the Ames City Council.
Respectfully,
Sam Stagg Crystal Davis
Chair Executive Director
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1
CONTRACT FOR SERVICES
THIS AGREEMENT, made and entered into the 28th day of November, 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 Ames Main Street (anentity
organized and existing pursuant to the laws of the State of Iowa and hereinafter called "Provider");
WITNESSETH THAT:
WHEREAS, the City of Ames has, by its City Council acting in open and regular session,
determined that certain services and facilities 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, in accordance with all
applicable Federal, State, and Local laws or regulations;
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 and its citizens certain
services and facilities 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
A.For an amount not to exceed the lesser of $25,000 or one-half the actual cost
incurred by Provider in causing this scope of services to be completed, the City agrees to
purchase the Provider’s services and facilities as described below:
Provider shall work with a qualified design firm to develop a Downtown Ames Master Plan.
This plan shall address three main areas of focus:
1. Enhance the gathering spaces in the Downtown District
2. Create a stronger sense of Downtown ambiance, and
3. Encourage Downtown residential and commercial development opportunities.
Nine specific opportunities are to be explored within these focus areas, including an
evaluation of the feasibilityof the opportunity where appropriate. The goal of this effort is to
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develop a cohesive plan that can guide future infrastructure improvements and development
initiatives. The specific opportunities are:
1. Main Street Streetscape
2. Burnett Avenue Pedestrian Way/Connection to the new Schainker Plaza
3. Redesign/renovation of Tom Evans Plaza
4. Enhancements to Cynthia Duff Plaza
5. Douglas Avenue Pedestrian Mall and Event Space
6. An "Art Walk" along the mid-block alley north of Main Street
7. Enhanced gateway entry points
8. Reimagining the potential uses for the CBD Lots south of Main Street
9. Pathways to, from, and between Downtown destination
The Provider shall ensure the consultant undertakes public outreach and stakeholder
engagement during the development of the plan. At the conclusion of the development of the
plan, Provider shall transmit the final draft to the City.
III
METHOD OF PAYMENT
A.All payments to be made by the City of Ames pursuant to this Agreement shall be
reimbursement for actual costs incurred by Provider in providing services required by Section II
above. Any alternate payment arrangements must be approved by the City Council.
B.The City will disburse payment monthly on requisition of Provider.
C.Requisitions for disbursement shall be made in such form and in accordance with such
procedures as the Director of Finance for the City shall prescribe. Said form shall include but not be
limited to an itemization of the nature and amount of costs for which reimbursement is requested,
and must be filled out completely.
D.The maximum total amount payable by the City of Ames under this agreement is
detailed in the SCOPE OF SERVICES (Part II of this contract), and no greater amount shall be paid.
E.All unobligated amounts disbursed to the Provider shall be repaid to the City as of the
effective date of termination of this agreement. The Provider shall repay to the City any disbursed
funds for which documentation of actual expenses is not provided.
F.The Provider shall requisition for funds no more frequently than once per month. If
Provider wishes to request disbursement of funds on other than a monthly basis, the Provider must
submit a request in writing to be approved by the City Manager’s Office. Failure to request
reimbursement in a timely manner shall be grounds for termination of this agreement.In no case will
a disbursement request be accepted for reimbursement after July 15th of the following fiscal year.
IV
FINANCIAL ACCOUNTING AND ADMINISTRATION
A.All monies disbursed under this Agreement shall be accounted for by the accrual
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method of accounting.
B.Monies disbursed to Provider by the City will be deposited by Provider in an account
under the Provider’s name. All checks drawn on the said account shall bear a memorandum line on
which the drawer shall note the nature of the costs for which the check is drawn in payment, and the
program(s) of service.
C.All costs for which reimbursement is claimed shall be supported by documentation
evidencing in proper detail the nature and propriety of the charges. All checks 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 the City or its authorized representative.
D.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
disbursement under this Agreement, conduct a pre-audit of record keeping and financial accounting
procedures of the Provider for the purpose of determining changes and modifications necessary with
respect to accounting for funds made available hereunder. All records and documents required by
this Agreement shall be maintained for a period of three (3) years following final disbursement by
the City.
E.At such time and in such form as the City may require, there shall be furnished to the
City such statements, records, reports, data, and information as the City may require with respect to
the use made of monies disbursed hereunder.
F.At any time during normal business hours, and as often as the Citymay deem necessary,
there shall be made available to the City for examination all records with respect to all matters
covered by this Agreement and Provider will permit the City to audit, examine, and make excerpts or
transcripts from such records.
G.The Provider must submit a final report to the City within thirty (30) days of the
submission of the final requisition for reimbursement or the concluding date of this contract,
whichever is earlier. The final report shall describe, at minimum, the services and facilities provided
under the contract, an accounting of the number of individuals to whom services or facilities were
provided, and any supporting documentation to substantiate these descriptions. Failure to submit a
final report as required may result in any funds awardedto the Provider through subsequentcontracts
being held in sequestration until the final report is complete.
V
DURATION
This Agreement shall be in full force and effect from and after November 28, 2023, until
December 31, 2024. The City Council may terminate this Agreement by giving written notice to the
Provider at least sixty (60) days before the effective date of such termination. From and after the
effective date of termination, no further disbursement under this Agreement shall be made by the
City. Any money disbursed to the Provider and unencumbered or unspent as of the effective date of
termination, shall be repaid to the City.
VI
DISCRIMINATION PROHIBITED
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In accordance with Chapter 14 of the Municipal Code, noperson shall, on the grounds of age,
race, color, creed, religion, national origin, disability, sexual orientation, gender identity, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this Agreement.
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 ATTEST:
BY________________________________________________________________
John Haila, Mayor Renee Hall, City Clerk
Ames Main Street
BY______________________________
Authorized Representative
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DRAFT SCOPE OF SERVICES
DOWNTOWN AMES MASTER PLAN
AMES MAIN STREET
PREAMBLE:
Through a combined effort of Ames Main Street, the City of Ames, Ames Chamber of Commerce,
and the Ames Economic Development Commission a re-envisioning process of Ames’ downtown is
underway! We embark on a collaborative effort to provide a Master Plan of Ames downtown to build
upon its strong foundation and enhance the place of downtown as the heart of the Ames
community.
WHAT IS AMES MAIN STREET?
In 2018, the Main Street Cultural District rebranded to Ames Main Street. We are the organization
that serves the location known as Downtown Ames. Downtown Ames is more than just our Main
Street; we are Douglas, Kellogg, Burnett, Clark, and 5th Street. We are Bandshell Park to the east,
and Wheatsfield Cooperative to the west. We are the heart of Ames.
Ames Main Street is a Cultural & Entertainment District, an official designation from Iowa Cultural
Affairs.
Ames Main Street is an affiliate of Main Street Iowa & Main Street America. Ames Main Street is
also an affiliate of the Ames Chamber of Commerce and housed within the same building at 304
Main Street.
Vision:
Downtown Ames aspires to be a unique and vibrant destination to live, work, and play. As the
historic focal point, Downtown Ames will serve as a hub of art, culture, retail, and
entertainment for the entire Ames community.
Mission:
Advance and promote Downtown Ames as the heart of the Ames community.
Scope of Services Purpose:
The purpose of this Scope of Services is to identify and cultivate ideas for improvements, within the
proposed district boundary, and to prepare a master plan that illuminates those ideas and presents
a viable approach (and timeline) for their implementation.
The primary focus of the Scope of Services is the downtown core which encompasses the whole of
Downtown Ames, including the Ames Main Street Historic District. The general district boundaries
are Grand Avenue on the west, Duff Avenue on the east, and north of the Union Pacific Main Line
up to 7th Street. This planning effort will touch on the entire district with the main emphasis on core
areas around Main Street proper.
We are encouraged by new retail, restaurants, coffee shops and other small business who have
chosen to make Downtown Ames their home over the past few years, and we know we have even
more opportunities to attract local residents and visitors to experience the heart of Ames and grow
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the vibrancy of the district.
As our Vision states, “Downtown Ames aspires to be a unique and vibrant destination to live, work,
and play. As the historic focal point, Downtown Ames will serve as a hub of art, culture, retail and
entertainment for the entire Ames community.” To get there, it is important that we think bigger and
consider strategies to create an irrefutable sense of place and belonging in Downtown Ames.
Ames Main Street, through previous initiatives, has identified three focus areas where potential
projects could have an immediate impact on the District:
a. Enhance the gathering spaces in the Downtown District
b. Create a stronger sense of Downtown ambiance
c. Encourage Downtown Residential and Commercial development opportunities
With these focus areas in mind, we have identified potential opportunities for improvements. See list
below. We are not limiting our scope to just these opportunities and welcome other concepts, ideas,
sites, and spaces for potential development and improvement. Developing concepts for these ideas
are essential elements of the Master Plan. Some of these ideas may require more than one option to
address timing, relationship to adjacent redevelopment opportunities, or for phased construction.
a. Main Street Streetscape
a. This project could evaluate the existing character and features of the street and
sidewalks; make recommendations for new streetscape improvements, including
changes to parking and sidewalk configurations; establish new boundaries for core
district streetscape improvements; and propose project phasing and timelines.
b. Burnett Avenue Pedestrian Way/Connection to new Schainker Plaza
a. This project could evaluate the feasibility of redesigning Burnett Avenue from Tom
Evans Plaza to 6th Street as an improved outdoor space or pedestrian connector to
Schainker Plaza and consider paving, access control, lighting, landscape design,
and other infrastructure improvements to facilitate the proposed uses. This project
may consider with or without adjacent development changes.
c. Tom Evans Plaza
a. This project could include redesigning and renovating the existing Tom Evans
Plaza which sits at the southern terminus of Burnett Ave and Main Street. The
plaza has remained relatively unchanged for many years with the exception of
some recent improvements at the street edge. The project could fully reconsider
function and potential use of the space while looking to preserve use for public art,
existing mature vegetation and other attributes, as well as pull in components of
the train history of Ames, particularly Downtown Ames. See also CBD Parking
item.
d. Cynthia Duff Plaza
a. This project could consider park enhancements, such as: wayfinding, lighting,
extension into the south CBD Parking Lots just north of the railroad tracks,
landscape design, and gathering space improvements to be a connector from the
parking lots to Main Street businesses and street events.
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e. Douglas Avenue Pedestrian Mall and Event Space
a. This project could evaluate the feasibility of closing off the portion of Douglas
Avenue between 5th Street and Main Street as enhanced pedestrian space or for
temporary uses such as concerts, festivals, markets, and others. The project could
consider paving, access control, lighting, landscape design, and other
infrastructure improvements to facilitate the proposed uses.
f.“Art Walk” along mid-block alley north of Main Street
a. Public art is valuable feature of Downtown and including it within concepts is
desirable in general. This project could include the creation of an “Art Walk” along
the mid-block alley just to the north of Main Street. This project will evaluate the
potential for such a walk and make recommendations as to its feasible/logical
extents and provide a summary of the opportunities and constraints to be
considered and addressed should the project move forward into schematic design.
g. Gateway entry points
a. The project could consider lighting, signage, landscape design and other
infrastructure improvements to facilitate enhanced gateways into Downtown Ames.
These gateway entry points provide an opportunity to truly welcome visitors to
Downtown and create points that create the experience that you are entering
something great.
h. CBD (Central Business District) Parking Lots (also known as X,Y, and Z Lots) south of
Main Street/north of Railroad Tracks
a. This project could evaluate the feasibility of enhancing all of the CBD Parking Lots
for improved pedestrian, bicycle and vehicle traffic flow, and for temporary uses,
such as: concerts, festivals, markets, and others. We have considered how this
space might play off of a “train” theme and better utilize the space. The project could
consider paving, access control, lighting, and other infrastructure improvements to
facilitate the proposed uses.
b. Uniquely, the Lot X and Lot Y areas between Kellogg and Clark Avenues have
been included in discussions of significant future changes related to a potential
pedestrian bridge extending south, enhancement of Tom Evans Plaza or other
outdoor spaces, potential for a future parking deck adjacent to Clark Avenue, and
commercial opportunities and enhancements of abutting buildings. This project could
assess improvement opportunities for this area and evaluate allocation of space to
meet multiple interests as individual projects or a collection of improvements.
i.Pathways and Wayfinding for Downtown
a. This project could consider enhancements, such as: wayfinding, lighting, paving,
landscape design and other infrastructure improvements to facilitate the proposed
uses of new pathways, providing “walkability” between parking lots and Downtown
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DOWNTOWN AMES MASTER PLAN Page 4 of 7
Ames destinations. These pathways provide an opportunity for us to create
experiences between travel points during the walk.
,
In addition to these potential projects, it is important to consider other “influencers” that can assist in
creating connection and draw visitors and residents to Downtown Ames from other key areas in
Ames. The following “influencers” that should be considered, but do not require planning as part of
this scope of services, are:
a. The Linc-Planned Development
b. Cy Town- Planned Development
c. Iowa State University Campus
d. Greenway Along Ioway Creek Connecting Brookside Park, Stuart Smith Park, and South
Skunk River and other Bike Routes
e. Lincoln Way Corridor
f.Residential Neighborhoods adjacent to Downtown, including south of Lincoln Way.
g. Small area west of Grand Avenue, north of railroad tracks, south of 6th Street, along
Northwestern Avenue (including area around Wheatsfield Cooperative)
h. Downtown Redevelopment Opportunities
Potential Funding Mechanism: Self-Supporting Municipal Improvement District (SSMID):
Ames Main Street, and its board of directors are spearheading the effort to designate and create a
Self-Supporting Municipal Improvement District (SSMID), also known more generally as a Business
Improvement District (BID). “A SSMID is a mechanism for property owners and businesses in a
defined area to fund district-specific improvements and services. In these districts, commercial and
industrial property owners organize and pay a fee in addition to their property taxes for services,
projects, and district operations in order to improve a defined area. Generally, SSMIDs are
established to deliver a variety of services above and beyond the level of existing municipal services
and can serve as an economic development tool to revitalize neighborhoods and spur business
growth and retention.” (Self-Supported Municipal Improvement Districts – A toolkit for planning,
implementation, and evaluation; Iowa Initiative for Sustainable Communities, p. 11)
Ames Main Street has not yet submitted the SSMID petition to the city council. The planning of the
SSMID will take place in conjunction with this master plan process and the coordination of funding
projects that result from this process. It should be noted, while the SSMID may represent a funding
mechanism for subsequent projects coming out of the visioning process, there is no guarantee the
SSMID will pass.
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SCOPE OF SERVICES:
I.Project Administration
Project administration activities include project communications, preparation of monthly
progress reports and invoicing, and project scheduling and coordination. The planning team
will also develop an electronic presentation of the draft master plan for presentation to the
stakeholder committee and the Ames Main Street Board, as well as a final version for
presentation to the Ames City Council. The planning team will attend these meetings to
present the plans and gather feedback.
II.Data Collection and Plan Review
A.The planning team will review previously completed plans pertinent to the
Downtown district and adjacent areas. These include the following:
City of Ames Lincoln Way Corridor Plan
Downtown Ames Plaza Master Plan
Ames Plan 2040
Downtown Ames Façade Design Guidelines
Draft Bike, Walk, and Roll Plan
Walker Parking Study 2019
Additional resources will be identified and reviewed based on their pertinence to the
Downtown Master Plan.
B.Use of City of Ames GIS information for base maps is available.
C.Conduct a kick-off meeting to discuss the project requirements, establish lines of
communication and determine project goals and objectives with the steering
committee (as determined by the Client.)
D.A base map will be prepared, identifying the Downtown area, adjacent projects and
zones of influence, and significant community spaces for connection, for discussion
and consideration with the committee.
III.Stakeholder Meetings
The planning team, in coordination with Ames Main Street staff, will invite selected local
business and community leaders, City of Ames representatives, residents and prospective
funding partners to be part of a stakeholder group. These individuals would have a strong
knowledge of the history of Downtown Ames, ties to local business, and experience with local
development trends. This stakeholder group will assist in prioritizing the needs of the
Downtown area as they review the concept planning progress. The City of Ames may also
form a Technical Advisory Committee of staff to review specific details of concepts and
provide feedback to the stakeholder group and consultant. We anticipate that four
stakeholder meetings should be included within the scope, with the consultant identifying
purpose, format and timing of the meetings.
IV.Concept Development
Based on stakeholder input and data collection, the planning team will prepare Downtown
improvement concepts consisting of the following:
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Community map showing Downtown Area priorities and potential connections
Community identity material images and precedent photos
Gateway options
Schematic improvement concepts
Park space enhancements
Wayfinding signage concepts
Estimated costs
These concepts and images will be prepared with a combination of precedent photos, 2-D
colored plans, and 3-D images as determined by the planning team to
communicate the concept information for public review and comment. The improvement
concepts will include scaled or dimensioned sketches and drawings, plan view and/or as
sections, with sufficient detail to define the type of envisioned character and features. Final
concepts may require rendered images for select priority or signature improvements. All of
the concept plans, images, and drawings will become the property of Ames Main Street and
for use by the City of Ames..
V.Public Engagement
Upon completion of the concept development phase, In addition to the stakeholder committee
meetings, the planning team will prepare four methods for public engagement:
Development and administration of an on-line public survey.
Development and administration of an on-line map-based commenting tool.
Conduct a public open house (consider how to have presentation or boards available
online as well).
Promote the concept plan at a community event.
On-line surveys and map tools will be hosted/linked on Ames Main Street’s website. Input
from these surveys will be downloaded and collected by the planning team and submitted to
the Ames Main Street staff and stakeholder committee for review.
Display boards will be prepared for use in hosting the open house at the Ames Main Street
office and for use at a promotional community event. The planning team will prepare an
electronic invitation image for Main Street’s use in promoting the events; Ames Main Street
will be responsible for promoting the events and extending invitations.
VI.Master Plan Preparation
Based on the public and stakeholder committee input and Ames Main Street staff direction,
the planning team will prepare a draft version of the master plan, including a draft
implementation plan identifying programming and improvement projects recommended from
the study. This document will be in a booklet format, with full color plans and images, based
on the concept development materials.
Funding strategies shall be outlined with potential funding sources listed as they pertain to the
proposed projects.
A draft will be submitted for review to the Ames Main Street staff and presented at a Board
meeting to gather feedback.
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A final implementation plan, complete with improvement recommendations, phasing, and
preliminary construction budgets, will be developed and included. A final version of the master
plan will be prepared upon collection of final comments and approval to complete the plan.
Includes monthly review meetings and submittal of the draft version and final version of the
master plan in an electronic format for the Client’s review and use.
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ITEM #:19
DATE:11-28-23
DEPT:ADMIN
SUBJECT:DEFERRAL REQUEST OF SIDEWALK INSTALLATION AND CONNECTION
DISTRICT PAYMENTS FOR ALLIANT ENERGY SUBDIVISION SITE ON
EAST LINCOLN WAY
COUNCIL ACTION FORM
BACKGROUND:
Alliant Energy is an economic development partner with the City of Ames for the development of the
Prairie View Industrial Center (PVIC) located within Ames east of I-35. The PVIC area is over 1000
acres in size and planned to host large general and heavy in industrial users. To this end, the City of
Ames has recently completed the installation of water and sewer lines along East Lincoln Way to
support development in the area. The City established a connection district for the water and sewer
infrastructure to recoup our cost at the time of development.
Alliant Energy is the natural gas and electric provider for this area and has acquired title to hundreds of
acres of land to encourage siting of industrial development in the PVIC. Alliant Energy also needs to
make infrastructure improvements in this area to serve the planned intense industrial development.
Alliant approached City staff earlier this summer about the construction of a large substation needed to
provide power for industrial uses in this area. At this meeting staff discussed the location of the facility
and the City's development standards that would apply. Alliant described the need to be adjacent to
other overhead power transmission lines to tie the site into the overall grid. In this case, they would
connect to the City of Ames Electric high voltage lines that run south from the PVIC area.
At the conclusion of these meetings, Alliant identified a desire for some of the typical improvement and
fee requirements to be deferred due to their use being supportive infrastructure. City Council received
a letter earlier this summer dated August 21st outlining Alliant's interest in relief from zoning
standards for 1) connection fees, 2) sidewalk deferral, and 3) access road paving (Attachment A).
The area of specific interest is two parcels totaling approximately 80 acres, of which 18 acres
would be developed for a substation (Attachment B).
City Council referred this item to staff for more information on September 12th. At the Planning
and Housing Department Workplan discussion on October 24th, City Council authorized Alliant
to apply for zoning text amendment related to paving. The remaining two issues are now before
City Council for direction.
Connection Fees
In preparing the Prairie View Industrial Center (East Lincoln Way east of I-35) for development,
municipal water and sanitary sewer utilities have been extended through the area. To recover the City of
Ames investment in these utilities, a water and sanitary sewer connection district was created. These
connection fees are required to be paid prior to final plat or site plan approval, including all
future phases, and is deemed to include the individual parcel and all other adjacent or contiguous
parcels under common ownership. This trigger was established to ensure the City was repaid
fully for all land served by the improvements and as quickly as possible. The fees are required
regardless of use on the site.
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However, the Municipal Code allows City Council to approve an alternative schedule for the timing of
connection fee payment within a connection district. As requested by Alliant Energy, City staff
supports Alliant paying the connection fees for the 18-acre substation site and City Council
approving payment for the rest of the 80-acre site when a site plan or other subdivision is
submitted that includes the remaining 62 acres. This support is based upon the proposed use is
for a utility needed to serve all of PVIC, rather for a private development.
Sidewalk Deferral
City's Chapter 23 Subdivision standards and missing infrastructure standards of Chapter 22 both require
installation of a sidewalk along one side of all streets within industrial areas. In this instance, no
sidewalk exists along Lincoln Way and a sidewalk would be required along with either a
subdivision approval of a minor site development plan. Alliant is asking that a deferral be
granted at the time of platting due to the lack of improvements in the area to connect to and that
the substation itself has no travel demands.
The City's Traffic Division is exploring options for a path or sidewalk design along East Lincoln
Way and, therefore, supports a temporary deferral due to the current conditions and potential
for an alternative improvement requirement. Deferral of sidewalk installation is permissible as
part of Chapter 23 development standards when it is determined to be premature. This approach
is similar to that of Wyffel's sidewalk deferral request along Teller Avenue.
Access Road Paving
The third element of the Alliant letter was a request to limit the amount of on-site paving needed for
access to the substation. Staff encouraged placing the substation back from Lincoln Way to allow for
better industrial development options for the remaining land area. Our zoning standards require all
vehicle maneuvering areas to be paved, regardless of use or frequency of vehicle travel. Alliant
requested that the zoning ordinance be modified to allow for a waiver of paving requirements for
utility uses that have little vehicle traffic. The connection to Lincoln Way would still be a paved
access, only the portion of the drive that exclusively serves the substation would be relieved of paving
requirements. City Council initiated in October a text amendment to allow for staff to approve a waiver
of paving requirements for utility projects. City Council will review the zoning text amendment for
approval in January. Therefore, no action further action regarding this request is needed at this time.
ALTERNATIVES:
1. Direct staff to prepare an agreement to be considered along with the Final Plat approval to allow for
an alternative schedule of connection fee payments and deferral of the sidewalk installation.
2. Decline to support an alternative schedule of connection fee payment at this time.
3. Decline to support the deferral of the sidewalk installation at this time.
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CITY MANAGER'S RECOMMENDED ACTION:
The issues identified by Alliant are commonly addressed with the City's subdivision process. In this
case, Alliant is seeking earlier direction and support of these issues to determine how to proceed with
development of the 80 acres. Staff believes that with a subdivision configuration that allows for
the eventual development of the site in its entirety, partial deferrals as requested by Alliant are
appropriate because of the proposed utility use.
The final details of the configuration of the site will be determined through the subdivision platting
process at which time the City Council can verify the requests meet the City's interests and Alliant's
interests. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative
1.
ATTACHMENT(S):
Attachment A - Alliant Letter Prairie View Industrial Complex
Attachment B Alliant Location Map.pdf
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COUNCIL ACTION SUMMARY
Meeting Date: September 12, 2023
Agenda Item #: Dispositions to City Council
SUBJECT: Prairie View Industrial Complex Substation Requests
ACTION TAKEN: Request a memo from staff.
MOTION BY: Betcher
SECOND BY: Rollins
VOTING AYE: Betcher, Beatty-Hansen, Corrieri, Gartin, Junck, Rollins
VOTING NAY: None
ABSENT: None
By: Grace A. Bandstra, Deputy City Clerk
Sent to: Planning and Housing Director, Kelly Diekmann
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Ü Attacment B-Location Map
Alliant Energy Substation Site
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ITEM #:20
DATE:11-28-23
DEPT:Admin
SUBJECT:REQUEST FROM AMES MAIN STREET TO ACCEPT GIFT OF OUTDOOR
DECORATIVE SNOWFLAKE
COUNCIL ACTION FORM
BACKGROUND:
At the November 14, 2023 City Council meeting, the Council referred a letter from Ames Main Street
requesting that the City take ownership of a large, decorative snowflake. The lighted snowflake was
originally purchased by Ames Main Street for display on City property in conjunction with Snow
Magic during the winter season.
On October 10, 2023, the City Council received a report containing advice from the City Attorney that
allowing outside organizations or persons to place an ongoing display on City property likely creates a
public forum for such displays. The consequence of creating a public forum for such displays is that the
denial of a request for a display to be erected by another entity would likely be viewed as "content
discrimination" under First Amendment case law. Continuing to allow ongoing displays on City
property by any entity creates the possibility that displays are erected that are viewed by the Council or
others as offensive.
In response to this report, the Council adopted 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.
The City owns several dozen lighted snowflakes that are affixed to downtown streetlights during winter
months. These are stored in the basement of the Bandshell when not in use. The large, lighted
snowflake that Ames Main Street proposes to gift to the City is of high-quality construction and is
similar in theme to the existing streetlight-mounted snowflakes. City staff does not have any objections
or concerns about owning or maintaining the proposed gift.
It should be emphasized that the City's acceptance of the gift of the lighted snowflake is
unconditional. The City will decide whether, where, and how to display the snowflake, and the
City may sell or dispose of the snowflake at any time if it is determined to be in the City's best
interest.
If the City Council agrees to accept the snowflake, then staff proposes that it be displayed initially
in Tom Evans Plaza during December 2023. Tom Evans Plaza contains sufficient space and
available electrical receptacles to adequately display the snowflake. However, in future years the
City Council may decide to display it at another park, plaza, or public property.
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ALTERNATIVES:
1. Approve the following:
a. Accept the unconditional gift of the outdoor lighted snowflake from Ames Main Street
b. Direct staff to display the snowflake initially in Tom Evans Plaza during the month of December
2023
2. Accept the gift of the snowflake, but direct that it be displayed in another
location or during another time.
3. Do not accept the proposed gift, and request that Ames Main Street find a location on private
property to display the snowflake.
CITY MANAGER'S RECOMMENDED ACTION:
The City Council's recently adopted policy regarding displays on City property no longer permits the
snowflake owned by Ames Main Street to be displayed. Ames Main Street has proposed giving the
snowflake to the City. This would allow the City to determine when, where, and how to display the
snowflake if the City Council chooses to. Ames Main Street would no longer decide how the snowflake
is handled. The snowflake is in good condition and is compatible with the existing lighted snowflakes
that the City owns for the streetlight poles downtown. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative #1 a-b, as described above.
ATTACHMENT(S):
C. Davis - Letter from AMS regarding Snowflake.pdf
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304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org
November 9, 2023
Mayor and City Councill
City of Ames
515 Clark Ave
Ames, IA 50010
Dear Mayor Haila and Members of the Ames City Council,
Ames Main Street strives to advance and promote Downtown Ames as the heart of the Ames
community. We do that through many avenues, but especially through Ames Main Street hosted
events, like our annual Snow Magic event.
Last year, we added to the theme of our Snow Magic event with a sustainable and reusable
large snowflake that could be lit up and be an enhancement to the Snow Magic season in
Downtown Ames. We designed this snowflake to be placed in Tom Evans Park. This was a logical
addition to the overall Snow Magic event, and we knew it would also pair nicely with the City
owned snowflake décor that is annually placed on the Main Street light poles during the winter
season.
With recent changes to the City of Ames parks’ guidelines for what can be displayed, we would
like to ask Council to take ownership of the large snowflake, so it may be used in conjunction with
Snow Magic, the seasonal snowflake décor on the light poles, and the overall winter season.
Thank you for your consideration.
Sincerely,
Crystal D. Davis
Executive Director
Ames Main Street
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ITEM #:21
DATE:11-28-23
DEPT:Transit
SUBJECT:CYRIDE BATTERY ELECTRIC BUS PURCHASE AWARD OF CONTRACT
COUNCIL ACTION FORM
BACKGROUND:
Both the City of Ames and Iowa State University have set carbon reduction goals. In support of these
initiatives, CyRide partnered with the Center for Transportation and the Environment (CTE) to develop
a Zero Emission Roadmap to deploy electric bus technology through 2030. As a result, it was
determined that up to 17 battery electric buses (BEBs) could operate within the current route structure.
CyRide has already purchased two BEBs, which were put into service in July 2023.
CyRide received two federal grants from the Federal Transportation Administration (FTA) and one
federal Surface Transportation Block Grant (STBG) funded through the Ames Area Metropolitan
Planning Organization for the replacement of up to five 40’ diesel buses with BEBs. The local funding
for was included in the FY 2023/24 Capital Improvements Plan, with additional funds approved
by the Transit Board in November 2023.
In 2021, the State of Iowa joined the Washington State heavy-duty transit bus procurement, allowing
Iowa public entities to purchase buses through this established contract. Section 3019 within the FAST
Act allows grantees to purchase rolling stock and related equipment from cooperative procurement out-
of-state contracts. CyRide has evaluated the bus manufacturers available on the contract and identified
Gillig LLC as the preferred manufacturer. Currently, CyRide has 55 diesel Gillig low-floor buses in its
fleet, and feedback from other transit agencies with Gillig BEBs has been positive. Purchasing from
Gillig LLC would allow for the commonality of parts and tooling and leverage CyRide’s familiarity
with the bus design, layout, and drivability.
CyRide worked with Gillig to receive pricing based on the Washington State contract. The price
per bus has been quoted at $1,157,896 for a total purchase price of $5,789,480 for five DEBs. The
anticipated delivery date of these buses is 18 to 24 months after a purchase order is issued.
The following budget has been reserved for this project.
Funding Sources Funding
Federal Local Total
Bus & Bus Facilities Discretionary (Section 5339)$2,218,500 $391,500 $2,610,000
Urbanized Area Formula Funding (Section 5307)$2,034,634 $359,053 $2,393,687
STBG Funding $225,000 $56,250 $281,250
Additional Local Funding $504,543 $504,543
Revised Total Project Budget $4,478,134 $1,311,346 $5,789,480
At its meeting on November 16, 2023, the Transit Board of Trustees approved the award of
contract to Gillig LLC of Livermore, California, for a total cost not to exceed $5,789,480.
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ALTERNATIVES:
1. Approve award of contract to Gillig LLC of Livermore, California, for a total cost not to exceed
$5,789,480 for the purchase of five 40’ battery electric buses.
2. Do not approve award of contract for the purchase of new 40’ battery electric buses.
CITY MANAGER'S RECOMMENDED ACTION:
Awarding a contract to Gillig LLC for five battery electric buses would allow CyRide to take a large
step toward fulfilling the goal of equipping its fleet with up to 17 battery electric buses while reducing
CyRide’s carbon emissions. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1.
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ITEM #:22
DATE:11-28-23
DEPT:W&PC
SUBJECT:ARCHAEOLOGICAL SERVICES FOR NORTH RIVER VALLEY WELL
FIELD AND PIPELINE PROJECT - AWARD OF CONTRACT
COUNCIL ACTION FORM
BACKGROUND:
On April 11, 2023, the City Council awarded a contract for the construction of the North River Valley
Well Field 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 based on guidance offered by SHPO prior to the
time the City solicited services from certified archaeologists or for construction activities. Staff
retained In Situ Archaeological Consulting to perform this work and issued a purchase order in an
amount not-to-exceed $22,773.
At the time of the award, staff anticipated that the dry summer and fall would result in minimal
groundwater impacts to the pace of construction. Unfortunately, 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.
On October 24, 2023, Council approved a change order with In Situ to add an additional $35,240 to
their original contract to keep the construction work moving forward while staff solicited competitive
proposals for the sizeable increase in archaeological services that will be required. Proposals were
received on November 15, addressing the revised scope of work. The proposals received are
summarized below.
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Proposer Total
In Situ Archaeological
Consulting $134,924
Impact7G $155,500
Engineer's Estimate $137,000
Staff believes the bid provided by In Situ Archaeological Consulting is the lowest responsive bidder,
and recommends that a contract be awarded to them.
Additionally, after the City awarded the $10.2 million construction contract and construction had
started, an on-site consultation with SHPO resulted in altered instructions to the contractor that
will have a significant cost impact to the construction contract. Those changes are explained by a
separate Council Action Form (CAF) on this agenda.
The project budget, which now includes both the additional archaeological services contract (this CAF)
and the change order to the general contractor (separate CAF on tonight’s agenda) is as follows.
Funding
Sources
Project
Expenses
Drinking Water State Revolving Fund Loan $ 12,161,000
Test Drilling $ 124,005
Engineering, Admin, Legal 725,272
Land 111,038
Construction
Original Contract 10,200,956
Change Order #1 30,125
Change Order #2 (Separate action tonight) 228,565
Geotechnical Services 14,839
Programming Services 36,225
Archaeological Services
Original Contract 22,773
Change Order #1 35,240
Additional Contract (This action) 134,924
Project Totals $ 12,161,000 $ 11,623,962
ALTERNATIVES:
1. Award a contract with In Situ Archaeological Consulting of Eden Prairie, MN, for the North River
Valley Well Field and Pipeline Project in the amount of $134,924.
2. Award a contract to the other bidder.
3. Do not award a contract for additional archaeological services. Once the contracted number of days
for an on-site archaeologist expires, construction work would be required to cease.
108
CITY MANAGER'S RECOMMENDED ACTION:
Staff consciously attempt to balance the amount of effort included in a construction contract’s
specifications against the potential for change orders after construction has begun. Including too much
effort could unnecessarily increase a contract cost; while including too little could result in change
orders that increase the construction cost after the contract has been awarded. In this case, staff
estimated the pace that the construction work would proceed, and then used that to estimate the time
that would be required for on-site archaeological monitoring. Once construction began, however,
groundwater conditions necessitated a slower construction pace. That, in turn, has extended the time
that an archaeologist must be on site.
Additionally, the City strives to be protective and respectful of environmental, cultural, and historical
impacts of its construction projects. For the North River Valley Well Field and Pipeline Project, the
State Historic Preservation Office was consulted during design and provided their requirements. Long
after construction work had begun, SHPO provided additional requirements that must be adhered to
under the terms of the City’s State Revolving Fund loan. Those changes will also impact the length of
time that archaeological services are required (as well as construction costs, which are included in a
separate Council Action Form).
Staff had originally awarded a contract to In Situ Archaeological Consulting for $22,773. When it
became evident that considerably more time would be required, staff executed a small change order
with In Situ to keep the contractor moving while the City issued a new Request for Proposals for
additional archaeological services. Two proposals were received, and In Situ was the lowest proposal.
Their prior work on the project has been acceptable. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
ATTACHMENT(S):
NRV Attachment.pdf
109
ATTACHMENT
SHPO’s Areas of Interest
110
ITEM #:23
DATE:11-28-23
DEPT:W&PC
SUBJECT:CHANGE ORDER NO. 2 FOR NORTH RIVER VALLEY WELL FIELD AND
PIPELINE PROJECT
COUNCIL ACTION FORM
BACKGROUND:
The City’s source water management strategy since the mid-1970s has been to avoid a need to ration
water when experiencing a drought similar to that experienced in 1975-76. As old wells fail and need
to be replaced and as demand for treated water increases, additional water supply wells must be
constructed.
The North River Valley Well Field and Pipeline Project will provide a combination of new and
replacement water supply capacity. The potential for a productive aquifer formation in the flood plain
to the north and east of the Skunk River was identified through detailed hydraulic modeling, which was
subsequently confirmed by drilling test wells. Water quality was also tested, which confirmed the
absence of PFAS compounds, and found the groundwater to be suitable as a drinking water supply.
The project will construct three new wells and interconnecting pipeline to the Water Treatment
Plant. It will also include new fiber optic communication conveyed to the Water Treatment Plant
for well controls and security measures. The three new wells, to be located north of North River
Valley Park, will be connected to the existing standby generator located at the Water Treatment Plant to
provide emergency power to the wells.
On April 11th, 2023, City Council awarded a contract to Keller Excavating in the amount of
$10,200,955.80 for construction of the new water wells. The project is currently under construction. As
this project is being funded through a State Revolving Fund (SRF) loan it also comes with several
requirements, including clearance from the State Historical Preservation Office (SHPO). For the
North River Valley Well Field 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. The contracted consulting
archaeologist (In Situ Archaeological Consulting) was required to consult with the Iowa State Historic
Preservation Office (SHPO) and University of Iowa – Office of the State Archaeologist (OSA) per the
special conditions with the contract documents to satisfy SRF funding requirements.
As of early November, a portion of the ground disturbing activities within the monitoring areas has
been completed. An archaeological monitor with In Situ Archaeological Consulting was present during
these ground disturbing activities and monitoring of these areas took place in a manner consistent with
the direction from SHPO. On November 7th, SHPO came to the construction site. In their
professional discretion, SHPO determined the scope of construction means and methods by Keller
Excavating had to be altered. Failure to alter their methods for the remainder of the work would
jeopardize the SRF funding for the project.
SHPO outlined the following required alterations to ground disturbance in areas not yet disturbed:
Excavations within the monitoring area will use a smooth-lipped excavator bucket (i.e. - a bucket
111
with no "teeth") in order to minimize any potential impacts to potential resources.
Once excavations reach the A1 soils/Roberts Creek soils (ranging between 20-70 cms),
excavations will begin to remove soil in 10 cm increments.
These 10 cm increments will continue into the Gunder soil layer and once excavations are well
within the Gunder layer without any cultural material, excavations may resume as normal.
As excavations take place, the archaeological monitor will collect soil samples to screen through a
¼ inch mesh to inspect for cultural materials and perform shovel tests within the top of the
Roberts Creek and Gunder soil layers.
Upon completion of the excavation of a trench segment, the monitor will document the soil
profile of the trench.
The archaeological monitoring will focus on the excavation of the trench/deep excavations and
monitoring will not be necessary during backfilling.
Because of the substantial change in scope required by SHPO, a change order is necessary to
account for the change in construction means and methods that are now required. Staff worked
with the consulting engineer (HDR) and the contractor to develop an initial Change Order No. 1 that
was at a dollar threshold ($30,125) that could be approved by staff and keep the contractor working
while the much larger balance went through the approval process with City Council. Doing this helped
eliminate additional charges from the contractor for project delays by the City.
Staff and its consulting engineer spent considerable time reviewing cost estimates provided by the
contractor for the larger Change Order No. 2. HDR has confirmed to the City in writing that after
their review and coordination with the contractor, all additional costs contained in Change Order
No. 2 are directly attributable to the SHPO directive. These costs are unavoidable to ensure
compliance with the SRF funding requirements. The substantial completion date will also be delayed
approximately 12 weeks to December 20th, 2024.
The project budget is as follows.
Funding Sources Project Expenses
Drinking Water State Revolving Fund Loan $ 12,161,000
Test Drilling $ 124,005
Engineering, Admin, Legal 725,272
Land 111,038
Construction
Original Contract 10,200,956
Change Order #1 30,125
Change Order #2 (This action) 228,565
Geotechnical Services 14,839
Programming Services 36,225
Archaeological Services
Original Contract 22,773
Change Order #1 35,240
Additional Contract (Separate action tonight) 134,924
Project Totals $ 12,161,000 $ 11,623,962
112
ALTERNATIVES:
1. Approve Change Order No. 2 to the contract with Keller Excavating Inc., of Boone, Iowa, for the
North River Valley Well Field and Pipeline Project, thereby adding $228,564.80 and extending the
contract completion date to December 20th, 2024.
2. Do not take any action and provide direction to staff on the future of the project. Failing to follow
the instructions from SHPO, even though they were not timely, would likely jeopardize the State
Revolving Fund loan that is financing the project. The result would be that the City would need to either
abandon the project or find an alternative $12.161 million funding source.
CITY MANAGER'S RECOMMENDED ACTION:
City staff and their consulting engineer followed all known requirements of the State Revolving Fund
(SRF) program when drafting the plans and specifications for the project. Despite those good faith, due
diligence efforts, the State Historic Preservation Office (SHPO) has imposed additional, previously
unknown requirements after the construction contract had been awarded and construction work had
begun. Staff is supportive of the SRF Program's goals of protecting cultural and historical resources,
but is extremely frustrated with SHPO over the exceedingly late change in their requirements.
Unfortunately, at this point staff has little alternative but to execute a change order with the contractor
to implement the tardy requirements. To not do so would place the substantial $12.161 million SRF
loan in jeopardy.
The City's consulting engineer took great care in reviewing the cost proposal from the contractor to
confirm that all work included in the final version of the change order was directly attributable to the
late direction from SHPO, and that the time and hourly rates are reasonable. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above.
ATTACHMENT(S):
NRV Attachment.pdf
HDR Confirmation of CO 2.pdf
113
ATTACHMENT
SHPO’s Areas of Interest
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hdrinc.com
2901 South Loop Drive (E-Suite)Suite 3300Ames, IA 50010-8247
(515) 280-4973
November 20, 2023
Matthew Jacob
City of Ames
1800 East 13th Street
Ames, Iowa 50010
RE: Change Order No. 2
Matt,
We have reviewed the change and concur that the additional costs are directly attributable to the
SHPO compliance directive. It is our understanding that these costs are unavoidable for SHPO
concurrence and SRF funding approval.
There may be more costs associated with the SHPO directive since the scope of work provided by
the agency is open-ended and not easily quantifiable.
Sincerely,
HDR Engineering
Rob J. Baker, P.E. (IA)
Project Manager
115
ITEM #:24
DATE:11-28-23
DEPT:P&H
SUBJECT:HEARING AMENDING THE CONTRACT REZONING AGREEMENT AT 4605
HYDE AVENUE (AUBURN TRAIL) RESULTING IN TIME EXTENSION FOR
SHARED USE PATH CONSTRUCTION
COUNCIL ACTION FORM
BACKGROUND:
Justin Dodge, representing Hunziker Development, requested in a letter dated July 13th that City
Council allow for an extension of a shared use path construction requirement along Hyde Avenue in
relation to their planned Auburn Trail Subdivision. At the City Council meeting of September 12, 2023,
based upon a staff report, City Council moved to grant the developer ’s request to amend the agreement
allowing construction of the Shared Use Path to be delayed and return with an amended agreement.
Hunziker states in their letter of July 13, that they agreed to the provision in the Contract Rezoning
Agreement “under the belief that completion of the trail would coincide with the grading of the west
side of Hyde Avenue” when they “would have lots prepared and available for sale” (see Letter, included
as Attachment A). The original term of the agreement triggers the shared use path construction within
two years of the first final plat.
Under the current terms of the agreement, the minor subdivision plat that was created on February 22,
2022, has triggered the construction of the shared use path, even though the subdivision was for the
purpose of splitting off an existing house from the remainder of the subdivision area and no developable
lots have been created (see Location Map, included as Attachment B).
Staff has drafted an amendment to the Contract Rezoning Agreement delaying the deadline of
construction to “within two years of the date that the first final plat on the West side of Hyde
Avenue is approved by the City Council” (see Amended Contract Rezoning Agreement, included
as Attachment C). Hunziker indicates that it would be able to “grade for this path” at that time.
Although the agreement is part of the original contracting rezoning agreement for the development, the
amendment process does not require review by the Planning and Zoning Commission as the Master
Plan and related improvements are not changing. However, changing the agreement still requires a
public hearing. Noticing letters of the public hearing were sent to property owners located within 200
feet of the subdivision.
ALTERNATIVES:
1. Approve the attached amendment to the Contract Rezoning Agreement
for Auburn Trail Subdivision to extend the timeline for constructing the Hyde shared use path.
2. Decline to approve the proposed amendment.
3. Refer this item back to city staff and/or the applicant for additional information.
116
CITY MANAGER'S RECOMMENDED ACTION:
City Council has indicated support of the amendment to the Auburn Trail Contract Rezoning
Agreement delaying the date of construction of the shared use path to coincide with development on the
west side of Hyde. The request is to delay the deadline for construction to “within two years of the date
that the first final plat on the West side of Hyde Avenue is approved by the City Council.” No other
terms of the agreement will be amended. Therefore, it is the recommendation of the City Manager that
the City Council approve Alternative #1.
ATTACHMENT(S):
Attachment A, Letter from Justin Dodge
Attachment B, Location Map
Attachment C, Contract Rezone Amendment (Auburn Trail) signed
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ITEM #:25
DATE:11-28-23
DEPT:Legal
SUBJECT:ORDINANCE UPDATING SPEED LIMITS FOR OAKWOOD ROAD.
COUNCIL ACTION FORM
BACKGROUND:
On October 24, 2023, City Council directed 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. Legal has worked with Public Works to draft an ordinance for Oakwood
Road, which has been attached to this document. Also, for reference the original Council Action Form
has been provided.
Because these speed limit changes are related to the engineering design of the recently reconstructed
Oakwood Road, it is crucial to update the posted speed limits as soon as possible. This will ensure that
the desired driving speeds are established when the street is reopened to the public.
ALTERNATIVES:
1. Approve first reading of an ordinance establishing a 35 MPH speed limit on Oakwood Road from
University Boulevard to Timberland Road, and 40 MPH from Timberland Road to State Avenue.
Staff requests that the City Council suspend the rules and approve the ordinance on second and
third readings at this time. This will help support the pedestrian and bicycle design changes made
with the recent road project.
2. Approve first reading of an ordinance establishing other speed limits on Oakwood Road from
University Boulevard to Timberland Road and from Timberland Road to State Avenue.
3. Do not approve the ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
Establishing these modified speed limits will help support the pedestrian and bicycle design changes
made with the recent road construction project. With the road reopening to traffic, it is important to
establish posted limits that match the design speeds in a timely manner. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above.
ATTACHMENT(S):
26-Oakwood Rd Speed Limits.pdf
DRAFT ORDINANCE Oakwood Rd speed limit changes.pdf
128
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.
129
F
130
ORDINANCE NO. _________
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, BY AMENDING AMES
MUNICIPAL CODE SECTION 26.39(m) THEREOF, FOR
THE PURPOSE OF ESTABLISHING SPEED LIMITS FOR
OAKWOOD ROAD, REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amended by amending Section 26.39(m) as follows:
“Sec. 26.39. SPECIFICALLY DESIGNATED SPEED LIMITS ON CERTAIN
STREETS.
…
(m) Oakwood Road: forty (40) Thirty-five (35) miles per hour from University
Boulevard to Timberland Road, and Forty (40) miles per hour from Timberland Road to State
Avenue.
…”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to
the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , 2023.
______________________________________ _______________________________________
Renee Hall, City Clerk John A. Haila, Mayor
131
ITEM #:26
DATE:11-28-23
DEPT:Electric
Services
SUBJECT:MODIFICATIONS TO TIME-OF-USE ELECTRIC RATE FOR LARGE
CUSTOMERS
COUNCIL ACTION FORM
BACKGROUND:
The Industrial Time-of-Use Electric Rate is a voluntary option for large electric customers whose
metered demand at any time exceeds 2,500 kVA. This rate offers two mechanisms to help reduce the
utility’s overall annual peak. One provides an optional time-of-use rate to encourage large customers to
shift their peak energy usage outside the window of 3 p.m. to 8 p.m., which is the time when the utility's
electric demand is highest. The second option for eligible customers is to elect a partial interruptible
load agreement where the utility may call on the customer to reduce load during times of peak demand.
The 2,500 kVA eligibility threshold is a high limit. Currently, only six of the electric utility’s
customers are eligible for the time-of-use rate. Staff recommends lowering the demand threshold
from 2,500 kVA to 500 kVA. This modification has several advantages to both customers and the
utility. First, it substantially increases the number of customers that may participate in the rate,
thereby reducing their costs as a customer. In addition, it incentivizes more customers to shift
their energy consumption to off-peak hours. Off-peak electric consumption is less costly for the
utility to provide, and reduces the potential for a new electric peak demand to be reached. New
electric peaks require the utility to invest in costly infrastructure.
Staff has prepared an ordinance making the modification to the demand threshold for this rate. In
addition, the ordinance renames the rate to the “Large Customer Time of Use Rate” to reflect that not
all customers who elect the rate will be “industrial” customers. The proposed amendments were
supported by the Electric Utility Operations Review and Advisory Board (EUORAB) on November 9.
ALTERNATIVES:
1. Approve first reading of the attached ordinance modifying Municipal Code, Chapter 28 to reduce the
demand threshold for large electric time-of-use rates.
2. Refer this item back to staff for modifications.
3. Do not approve the attached ordinance.
CITY MANAGER'S RECOMMENDED ACTION:
Lowering the required demand threshold will increase the number of customers that can
participate in the Time-of-Use electric rate. This will help the utility minimize the potential for
new electric peaks, utilize energy at the times that are least costly, and take advantage of capacity
in the electric system that is available during these off-peak hours of the day. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted
above.
ATTACHMENT(S):
Ordinance Industrial Time-Of-Use Electric Rate.PDF
132
ORDINANCE NO. _________
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY AMENDING SECTION
28.108 THEREOF, FOR THE PURPOSE OF RENAMING
THE SECTION LARGE CUSTOMER TIME-OF-USE
ELECTRIC RATE AND CHARGES AND LOWERING THE
RATE FOR CUSTOMER PARTICIPATION, REPEALING
ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by amending Section 28.108 as follows:
“Sec. 28.108. INDUSTRIAL LARGE CUSTOMER TIME-OF-USE ELECTRIC RATE AND CHARGES.
(1) Availability: The Industrial Large Customer Time-of-Use Electric Rate shall be voluntary for any
customer whose metered demand at any time exceeds 2,500 kVA. Service under this rate schedule is billed
on a Time-of-Use basis as provided under these rules. The Industrial Large Customer Time-of-Use Electric
Rate is an alternative to Section 28.105 or Section 28.107 (1) Availability, at the customer’s discretion.
Customers opting for inclusion on Industrial Large Customer Time-of-Use Electric Rate are required to
remain on the rate for a period no less than twelve (12) consecutive calendar months.”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to
the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of , 2023.
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Renee Hall, City Clerk John A. Haila, Mayor
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